Chapter 18.45
VARIANCES
Sections:
18.45.020 Approval standards for a variance.
18.45.030 Application and fee.
18.45.040 Action of the review authority.
18.45.050 Time limit on approval of variance.
18.45.010 Scope.
A. The town council may grant a variance to the following: setbacks, buffers, building height, landscaping, lot coverage and lot dimensions but not including lot area or density as provided in this title.
B. The town council shall approve an administrative variance(s) if he or she finds, based on substantial evidence in the record, that the applicant has sustained the burden of proving the variance(s) complies with all of the following:
1. Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources;
2. If variances to more than one regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated;
3. Adverse impacts resulting from the variance(s) are mitigated to the extent practical;
4. The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided.
C. Relationship of Variance to Associated Applications.
1. If an application for an administrative variance is associated with another application(s) subject to this title, or if it is reasonably likely and foreseeable that it will be associated with another application(s) subject to this title, then the application for the administrative variance shall be combined with the associated application(s) for processing and shall be subject to the same procedure type as the highest number procedure type application(s) with which it is combined.
2. If an administrative variance is approved and, subsequently, an application(s) subject to an equal or higher number procedure type is filed, the decision approving the administrative variance may be altered for good cause by the decision on the merits of subsequent application(s). [Ord. 371 § 8(A), 1997.]
18.45.020 Approval standards for a variance.
The town council may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of this title. A variance shall be made only when all of the following conditions and facts exist:
A. Unusual circumstances of conditions apply to the property and/or to the intended use that do not apply generally to other property in the same vicinity or district;
B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district;
C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
D. That the granting of such variance will not adversely affect the realization of the comprehensive plan. [Ord. 371 § 8(B), 1997.]
18.45.030 Application and fee.
A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the mayor. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties. A fee shall be paid to the town at the time of filing the application in accordance with the provisions of Chapter 18.110 YMC. [Ord. 371 § 8(C), 1997.]
18.45.040 Action of the review authority.
The town council shall make a written decision regarding the application within 60 days following the receipt of a technically complete application. [Ord. 371 § 8(D), 1997.]
18.45.050 Time limit on approval of variance.
Authorization of a variance shall be void one year after the effective date of the variance, unless a building permit has been issued and substantial construction has taken place. However, the town council may extend the variance one year longer if the director finds the facts based on which the variance was approved have not changed substantially. [Ord. 371 § 8(E), 1997.]