Chapter 17.76
VARIANCES
Sections:
17.76.020 Application – Conditions required.
17.76.030 Hearing required – Notice.
17.76.040 Application – Conditions required for approval.
17.76.050 Special conditions imposed when – Compliance with provisions required.
17.76.060 Variances to be granted for permissible uses.
17.76.010 Authorized when.
The purpose of a variance is to authorize, upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be granted by the board of adjustment unless and until the conditions set forth in TMC 17.76.020 through 17.76.050 are met. (Ord. A-580 § 9(3), 1964).
17.76.020 Application – Conditions required.
The board of adjustment shall not grant a variance from the terms of this title unless and until a written application for a variance is submitted demonstrating:
A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
B. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
C. That the special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.
No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance. (Ord. A-580 § 9(3)(a), 1964).
17.76.030 Hearing required – Notice.
Notice of public hearing shall be given as in TMC 2.38.110. The public hearing shall be held and any party may appear in person or by agent or by attorney. (Ord. A-580 § 9(3)(b), (c), 1964).
17.76.040 Application – Conditions required for approval.
In granting a variance the board of adjustment shall make the following findings:
A. That the requirements of TMC 17.76.020 have been met by the applicant for a variance;
B. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure;
C. That the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. A-580 § 9(3)(d – f), 1964).
17.76.050 Special conditions imposed when – Compliance with provisions required.
In granting a variance, the board of adjustment may prescribe appropriate conditions with safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under TMC 17.80.020. (Ord. A-580 § 9(f), 1964).
17.76.060 Variances to be granted for permissible uses.
Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. (Ord. A-580 § 9(f), 1964).