(a)

Purpose. Recognizing that there are certain uses of property that may or may not be detrimental to the public health, safety, morals and general welfare, depending upon the facts in each particular case, a limited power to grant variances for such uses as to size and setback requirements is vested, by specific mention in this chapter, in the board. The board shall have and exercise original exclusive jurisdiction in receiving, granting or denying all applications for such variance uses as provided for in this chapter and shall have the power to place in such permits, conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which the use is to be permitted.

(b)

Application. Applications must be submitted to the community development department and contain the following:

(1)

Name and mailing address of the applicant.

(2)

The legal description of the property for which the variance or permit is requested.

(3)

The nature of the variance or permit requested, and a concise statement as to the reasons why the property is suited to the variance or permit.

(4)

A site plan, drawn to scale, showing the dimensions of any and all existing and proposed structures.

(5)

Additional information as necessary.

(6)

Filing fee.

(Ord. No. W-22, § 101, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)

Editor's note— Ord. No. W-22, § 101, adopted April 22, 2014, changed the title of § 21.62.010 from "Variances" to "Purpose," as set out here in.

A public notice shall be provided per the requirements in CMC 23.100.

(Ord. No. W-22, § 102, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)

The community development director shall assign a public hearing on the application before the hearing examiner at its first available meeting not less than ten days after notice has been.

(Ord. No. W-22, § 103, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)

If the following approval criteria are met, the variance will be approved:

(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 the 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 zone in which the subject property is located; and

(3)

That the granting of the variance shall 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.

(Ord. No. W-22, § 103, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)

The hearing examiner shall issue a decision containing findings and conclusions.

(Ord. No. W-22, § 103, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)

An approved variance is valid for the time specified in section 23.030.030.

(Ord. No. W-22, § 103, 4-22-2014; Ord. No. V-77, § 25, 9-27-2011)