Appeals of project permit decisions shall be made and heard in accordance with those provisions as set forth in Chapter 15.11.

(Ord. 610 § 1 (Exh. A) (part), 2000)

The action of the city council upon a project permit decision is considered the final decision of the city and may be reviewed in the King County Superior Court as provided in Section 15.11.100.

(Ord. 610 § 1 (Exh. A) (part), 2000)

A.

An application for a variance shall be submitted to the city by filing a copy of the application with the city planner. Applications for variances shall be processed concurrently with any other necessary permits as a Type III permit in accordance with the provisions of Chapter 15.09 CMC.

B.

A variance may be granted by the hearing examiner if the examiner concludes that strict enforcement of the title would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the title will be observed, public safety and welfare secured, and substantial justice and equity assured. The examiner may reach these conclusions if it finds that the variance application meets the following three statutory criteria contained in RCW 35A.63.110(2)(a)(b)(c):

1.

The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

2.

That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

C.

In addition to meeting all of the criteria contained in subsection B of this section, an applicant for a variance must also meet criteria of subsection (C)(1) of this section, and at least three of the other criteria listed in this subsection:

1.

The variance will not result in the extension of a nonconforming situation in violation of Chapter 15.32;

2.

The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;

3.

The hardship relates to the applicant's land, rather than personal circumstances;

4.

The hardship is unique, or nearly so, rather than one shared by many surrounding properties; and

5.

The hardship is not the result of the applicant's own actions.

D.

For fence variances, the following additional criteria shall also be met:

1.

The proposed fence will not cause or contribute to a hazardous traffic situation;

2.

The proposed fence is necessary to afford reasonable privacy, security, screening or noise attenuation to the subject property; and

3.

The proposed fence is not out of character with development in the immediate vicinity of the subject property.

E.

In granting variances, the hearing examiner may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

F.

In granting variances in the floodplain, additional consideration shall be given to the following:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and

12.

The extent to which the proposed development would increase flood depths and velocities on neighboring properties.

G.

A variance may be issued for an indefinite duration or for a specified duration only.

H.

Prior to issuance, the nature of the variance and any conditions attached to it shall be entered on the face of the permit, or the permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this article.

I.

In accordance with RCW 86.16.041, variances shall not be issued to allow for new residential development in the regulatory floodway.

J.

Before granting a variance, the hearing examiner shall make findings related to the criteria stated in Section 15.20.030(B). Insofar as practicable, an affirmative finding on the requirements set forth in Section 15.20.030(B) shall include a statement of the specific reasons or findings of fact supporting such motion.

K.

A variance application that has been denied by the hearing examiner may not be resubmitted by the applicant for at least twelve months after the date of the decision unless the applicant can clearly demonstrate that:

1.

The variance sought is substantially different from the one previously denied; and

2.

That circumstances have significantly changed such that a different finding would result from the application of the variance criteria outlined in subsection B of this section; or

3.

That the initial variance application was not complete and that the denial was based upon the lack of complete information. Resubmittal of a variance application shall require a new application, and payment of the appropriate application fees.

(Ord. 749 § 2, 2008; Ord. 610 § 1 (Exh. A) (part), 2000)

A.

The city planner is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions.

B.

An application for a map interpretation shall be submitted to the city planner by filing a copy of the application with the planning department. The application shall contain sufficient information to enable the city planner to make the necessary interpretation.

C.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines;

2.

Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

3.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

4.

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map;

5.

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(Ord. 749 § 3, 2008; Ord. 610 § 1 (Exh. A) (part), 2000)