Section 17.124.050 Variances.
A variance, by its nature, is issued to and transfers with the property. A variance
from the
terms of this Title 17 may be granted only if all the following conditions have been complied
with:
A. It conforms to the intent of this Title 17;
B. It will be in the public interest; or
C. The appellant is able to demonstrate hardship to the
property because the property is
deprived of privileges enjoyed by other property in the immediate vicinity due to:
1. Size of property;
2. Shape of property;
3. Topography of property;
4. Location of existing nonconforming structure(s) on
lot; or
5. Location of existing service lines.
D. No variance shall be granted unless the applicant
can effectively demonstrate a hardship
that is created by the strict application of this chapter. A financial hardship does not constitute
grounds for a variance. The zoning board of adjustment, in considering an application for a
variance, shall determine:
1. That special conditions and/or circumstances exist
which are peculiar to the land, the lot
or something inherent in the land, which causes the hardship and which are not applicable to
other lands;
2. That a literal interpretation of the provisions of
this chapter would deprive the applicant
of rights commonly enjoyed by other lands;
3. That granting the variance will not confer on the
applicant any special privilege that is
denied by this chapter to other lands;
4. That the granting of the variance will be in harmony
with the general purpose and intent
of this chapter;
5. In granting any variance, the zoning board of adjustment
may prescribe appropriate
conditions and safeguards in conformity with this chapter. Violation of such conditions and/or
safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a
violation of this chapter.
6. Grandfather clause is defined as a pre-existing condition
that causes nonconformance to
federal, state or city regulations. A pre-existing, nonconforming condition may remain until such
time as a change is made to the nonconforming condition. If the item cannot be brought into
compliance with current regulations, a new variance or conditional use permit would be required.
A conditional use permit may not utilize the grandfather clause in any case. (Ord. 225 (part),
2003)
