Chapter 15.21
VARIANCES
Sections:
15.21.030 Criteria for variance approval.
15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts.
15.21.050 Public hearing by the hearing examiner.
15.21.060 Action by the hearing examiner.
15.21.070 Notice of examiner’s decision.
15.21.010 Purpose.
The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title; provided, such variance would not be contrary to the public interest, and the strict application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the property. It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the property. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.020 Application.
A written application requesting a variance shall be submitted to the division under the applicable provisions of YMC Chapter 15.11. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.030 Criteria for variance approval.
A variance shall be granted only when the applicant demonstrates that the variance will not be contrary to the public interest, is not self-created, and that practical difficulty and unnecessary hardship will result if it is not granted. The applicant must clearly establish and substantiate that the request for variance conforms to all the requirements and standards listed below:
A. That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
B. That granting the variance will not permit the establishment of any use not permitted in a particular zoning district;
C. That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstances or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure;
D. That an unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property in question, and evidence of variance granted under similar circumstances shall not be considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance;
E. That granting of the variance is necessary for the reasonable use of the land or structure; and
F. That the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 64, 1987: Ord. 2947 § 1 (part), 1986).
15.21.040 Additional criteria for variance approval in the floodplain and airport overlay districts.
When considering a variance in a floodplain or airport overlay, the hearing examiner shall consider, in addition to the conditions in YMC 15.21.030, all technical evaluations, standards applying to YMC Ch. 15.27 Part Four, any overlay district, and:
1. The danger to life and property due to flooding or airport conflicts;
2. The importance of the services provided by the proposed use to the community;
3. The necessity to the facility of a waterfront or airport location;
4. The availability of alternative locations for the proposed use which are not subject to flooding or airport hazards;
5. The compatibility of the proposed use with existing and anticipated development; and
6. The relationship of the proposed use to the airport master plan and FEMA one-hundred-year floodplain. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.050 Public hearing by the hearing examiner.
A public hearing shall be held and notice provided under the provisions of YMC Title 16. The applicant shall appear in person or by agent or attorney. Failure to appear shall constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may submit written comments or appear in person, by agent or attorney. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.060 Action by the hearing examiner.
Within ten days of the conclusion of the hearing, unless a longer period is agreed to in the record or in writing by the applicant, the hearing examiner shall file a written decision that shall include the following considerations:
1. The testimony at the public hearing;
2. The extent to which the proposed variance is in compliance with the requirements of YMC 15.21.030 and 15.21.040, if applicable;
3. That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land or structure; and
4. The consistency of the variance with the general purpose and intent of this title.
The hearing examiner may attach conditions to the approval of a variance to minimize the impacts of such approval on the neighborhood. The application for a variance shall be denied if the hearing examiner finds that one or more of the provisions of YMC 15.21.030 are not met. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.070 Notice of examiner’s decision.
Copies of the examiner’s decision shall be sent by certified mail to the applicant. Copies of a “summary of decision” will be sent by regular mail to other parties of record in the case not later than three working days following the rendering of a written decision by the examiner. Copies of the complete decision or summary decision will be made available upon request. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.21.080 Appeals.
Hearing examiner’s decision may be appealed to the legislative body in accordance with YMC Chapter 15.16. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).