Bethel City Zoning Code
18.64 Variances
18.64.010 Authorization.
A. A variance from the dimensional standards of this title may be granted by the planning commission after reviewing the record made at the hearing and the findings, conclusions and recommendations of the planning department if it is shown that all the standards set out in subsection B of this section have been met. Any variance granted shall be the minimum variance that will make possible a use of the land or structure that is a principal permitted use or structure in the land use district. Nonconforming uses and violations which exist in any land use district will not set a precedent to be considered in evaluating grounds for any variance.
B. A variance may be granted only if it is shown that all of the following standards are met:
1. Special physical conditions exist which are peculiar to the land involved and which are not applicable to other land in the same district;
2. Strict application of the provisions of this title would deprive the applicant of all uses of the land permitted to other properties in the same district under the terms of this title;
3. The special conditions and circumstances do not result from the actions of the applicant or a predecessor in interest and such conditions and circumstances do not merely constitute financial hardship or inconvenience;
4. Granting the variance would be consistent with the intent and purpose of the comprehensive plan and BMC Titles 15, 16, and 18 and would not be injurious to the character of the neighborhood or otherwise detrimental to the public health, safety and welfare;
5. Granting the variance will not permit a land use that is not permitted in the land use district in which the property lies;
6. The variance granted is the minimum variance that will make possible a reasonable use of the land. [Ord. 01-05 § 8.]
18.64.020 Application.
An applicant for a variance shall submit a site plan permit application as described in Chapter 15.12 BMC. The variance application shall be submitted to the planning department. The request for variance must be included by the property owner or their designee, potential purchaser of the subject property, or a government agency in the site plan permit application. The applicant must specifically state the relief sought and must specify the facts or circumstances that are alleged to show that the application meets the requirements listed in BMC 18.64.010(B). The application shall include a fee, as established by resolution of the city council plus the cost of required newspaper and radio notice. [Ord. 01-05 § 8.]
18.64.030 Hearing.
A. Upon receipt of a complete application, the land use administrator shall set a date for a public hearing before the planning commission. The date for public hearing shall be no sooner than twenty (20) calendar days, or no later than fifty (50) calendar days from the date a complete application is received.
B. Notice of the public hearing on the proposed variance shall be published at least once a week for two (2) consecutive weeks preceding the hearing in a newspaper of general circulation in the city. The notice shall also be read on a local radio station once a day for five (5) days beginning at least ten (10) days prior to the scheduled hearing. The notice shall indicate the time and place of the public hearing and shall include a brief description of the proposed variance. The applicant shall pay for the cost of newspaper and radio notice. [Ord. 01-05 § 8.]
18.64.040 Staff evaluation.
A. The land use administrator shall review the application for variance and the accompanying site plan permit application. The administrator shall then prepare a staff report with findings, analysis, conclusions, and recommendations. The written staff report shall be presented to the planning commission.
B. The land use administrator shall make a recommendation for approval or disapproval of the variance consistent with the findings and conclusions set out in the written staff report with respect to each standard set out in BMC 18.64.010(B). [Ord. 01-05 § 8.]
18.64.050 Planning commission decision.
A. The applicant or an authorized representative must be present at the public hearing, informed and available for questions relative to the proposed project. The planning commission may take action on a scheduled variance application even if the applicant or an authorized representative is not present at the public hearing.
B. The planning commission shall consider the matter at a public hearing. The commission shall consider the variance application, the land use administrator’s staff report, any written comments from members of the public submitted prior to the public hearing, and any oral testimony and written materials provided at the public hearing.
C. The planning commission hearing on a variance request shall be conducted substantially as provided in BMC 18.60.050(A) through (C).
D. The planning commission shall render a decision no later than the meeting following the public hearing. The commission may approve the variance only if it finds that all the standards set out in BMC 18.64.010(B) and each finding is supported by substantial evidence in the record. The decision shall be in writing and shall be mailed to the applicant and to each person who participated in the hearing.
E. The decision of the planning commission may be appealed in accordance with Chapter 18.75 BMC.* [Ord. 01-05 § 8.]
* Code reviser’s note: This subsection was amended at the request of the city to remove a reference to the board of adjustment to correspond with the amendments from Ordinance 22-17.
18.64.060 Lapse of approval.
A. Unless a longer time is specifically established as a condition for approval, a variance approval shall lapse and shall become void if not exercised within one (1) year from the date of approval. For a permit to be considered “exercised,” substantial improvement to the land must be performed within one (1) year from the date of approval. Substantial improvement is determined as the completion of fifty (50) percent or more of the total authorized improvements as determined by cost.
B. A variance approval subject to lapse may be extended by the planning commission for an additional period of up to one (1) year; provided, that prior to the expiration date, a written request for extension is submitted to the planning commission and good cause for the extension is shown. [Ord. 01-05 § 8.]
18.64.010 Authorization.
A. A variance from the dimensional standards of this title may be granted by the planning commission after reviewing the record made at the hearing and the findings, conclusions and recommendations of the planning department if it is shown that all the standards set out in subsection B of this section have been met. Any variance granted shall be the minimum variance that will make possible a use of the land or structure that is a principal permitted use or structure in the land use district. Nonconforming uses and violations which exist in any land use district will not set a precedent to be considered in evaluating grounds for any variance.
B. A variance may be granted only if it is shown that all of the following standards are met:
1. Special physical conditions exist which are peculiar to the land involved and which are not applicable to other land in the same district;
2. Strict application of the provisions of this title would deprive the applicant of all uses of the land permitted to other properties in the same district under the terms of this title;
3. The special conditions and circumstances do not result from the actions of the applicant or a predecessor in interest and such conditions and circumstances do not merely constitute financial hardship or inconvenience;
4. Granting the variance would be consistent with the intent and purpose of the comprehensive plan and BMC Titles 15, 16, and 18 and would not be injurious to the character of the neighborhood or otherwise detrimental to the public health, safety and welfare;
5. Granting the variance will not permit a land use that is not permitted in the land use district in which the property lies;
6. The variance granted is the minimum variance that will make possible a reasonable use of the land. [Ord. 01-05 § 8.]
18.64.020 Application.
An applicant for a variance shall submit a site plan permit application as described in Chapter 15.12 BMC. The variance application shall be submitted to the planning department. The request for variance must be included by the property owner or their designee, potential purchaser of the subject property, or a government agency in the site plan permit application. The applicant must specifically state the relief sought and must specify the facts or circumstances that are alleged to show that the application meets the requirements listed in BMC 18.64.010(B). The application shall include a fee, as established by resolution of the city council plus the cost of required newspaper and radio notice. [Ord. 01-05 § 8.]
18.64.030 Hearing.
A. Upon receipt of a complete application, the land use administrator shall set a date for a public hearing before the planning commission. The date for public hearing shall be no sooner than twenty (20) calendar days, or no later than fifty (50) calendar days from the date a complete application is received.
B. Notice of the public hearing on the proposed variance shall be published at least once a week for two (2) consecutive weeks preceding the hearing in a newspaper of general circulation in the city. The notice shall also be read on a local radio station once a day for five (5) days beginning at least ten (10) days prior to the scheduled hearing. The notice shall indicate the time and place of the public hearing and shall include a brief description of the proposed variance. The applicant shall pay for the cost of newspaper and radio notice. [Ord. 01-05 § 8.]
18.64.040 Staff evaluation.
A. The land use administrator shall review the application for variance and the accompanying site plan permit application. The administrator shall then prepare a staff report with findings, analysis, conclusions, and recommendations. The written staff report shall be presented to the planning commission.
B. The land use administrator shall make a recommendation for approval or disapproval of the variance consistent with the findings and conclusions set out in the written staff report with respect to each standard set out in BMC 18.64.010(B). [Ord. 01-05 § 8.]
18.64.050 Planning commission decision.
A. The applicant or an authorized representative must be present at the public hearing, informed and available for questions relative to the proposed project. The planning commission may take action on a scheduled variance application even if the applicant or an authorized representative is not present at the public hearing.
B. The planning commission shall consider the matter at a public hearing. The commission shall consider the variance application, the land use administrator’s staff report, any written comments from members of the public submitted prior to the public hearing, and any oral testimony and written materials provided at the public hearing.
C. The planning commission hearing on a variance request shall be conducted substantially as provided in BMC 18.60.050(A) through (C).
D. The planning commission shall render a decision no later than the meeting following the public hearing. The commission may approve the variance only if it finds that all the standards set out in BMC 18.64.010(B) and each finding is supported by substantial evidence in the record. The decision shall be in writing and shall be mailed to the applicant and to each person who participated in the hearing.
E. The decision of the planning commission may be appealed in accordance with Chapter 18.75 BMC.* [Ord. 01-05 § 8.]
* Code reviser’s note: This subsection was amended at the request of the city to remove a reference to the board of adjustment to correspond with the amendments from Ordinance 22-17.
18.64.060 Lapse of approval.
A. Unless a longer time is specifically established as a condition for approval, a variance approval shall lapse and shall become void if not exercised within one (1) year from the date of approval. For a permit to be considered “exercised,” substantial improvement to the land must be performed within one (1) year from the date of approval. Substantial improvement is determined as the completion of fifty (50) percent or more of the total authorized improvements as determined by cost.
B. A variance approval subject to lapse may be extended by the planning commission for an additional period of up to one (1) year; provided, that prior to the expiration date, a written request for extension is submitted to the planning commission and good cause for the extension is shown. [Ord. 01-05 § 8.]