This chapter establishes decision-making criteria and procedures for proposed actions which, by their location or nature, may require an additional degree of control or latitude.

(Ord. 566 § 2 Exh. A (part), 1998)

The purpose of this section is to establish a procedure to allow appropriate dimensional variance from the requirements of this title. Variances may not be granted to vary the use or procedural requirements of this title.

A.

Procedure. An application for a variance shall be filed in writing and verified by the owner of the property concerned. The application shall include the following:

a.

A legal description of the property involved;

b.

Site plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such other data as may be required;

c.

A detailed description of the exceptional circumstances or special conditions applicable to the property which the applicant believes justifies the variance.

B.

Required Findings. The town council must find all five of the following conditions to exist in order to grant the variance:

1.

That there are exceptional physical circumstances or special conditions applicable to the property which do not apply generally to the other properties in the same district. These could include the size, shape, topography, location or surroundings of the property, public necessity for public structures, environmental factors such as vegetation, wetlands or wildlife habitats, or protection of designated historic properties.

2.

That the strict application of the provisions of this chapter would result in practical difficulties.

3.

That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.

4.

That the granting of the variance will not be contrary to the objectives of the comprehensive plan.

5.

That the special conditions do not result from actions of the applicant.

C.

General Requirements. The following general requirements apply to all variances granted within the Town of Coupeville:

1.

The following matters shall not be considered by the town council in the granting of any variance: (a) special circumstances of the applicant, such as the applicant cannot afford to comply with the requirements of this title: and (b) that a more profitable use of the property is possible with a variance.

2.

In granting any variance, the town council may require and attach to the variance appropriate conditions and safeguards which will mitigate the impact of the variance upon neighboring properties and which will further the purposes and provisions of this title and the comprehensive plan.

3.

Variances granted under this title shall be effective only when the exercise of the right granted thereunder shall be commenced within one year from the effective date of that variance, unless a longer period be specified or thereafter allowed by the town council. The holder of the variance may request an extension of time before the variance is due to expire, and the town planner may grant an extension of time up to one year past the original expiration date.

4.

Discontinuance of the exercise of any right heretofore or hereafter authorized by any variance for a continuous period of six months shall be deemed an abandonment of such variance, and the property affected thereby shall be subject to all the provisions and regulations of this title applicable to the district or zone in which such property is located at the time of such abandonment.

5.

The variance applies only to the property to which it was granted and may not be transferred to any other property.

(Ord. 566 § 2 Exhs. A (part), B (part), 1998)

This section establishes a procedure for the issuance of conditional use permits. Conditional use permits are employed to assign conditions to otherwise permitted uses which mitigate potential adverse impacts on a neighborhood or the community.

A.

Authority and Decision. The town council is assigned the authority to approve, approve with conditions or deny an application for a conditional use permit. To be approved, a conditional use permit must meet the required findings listed under subsection C of this section. The town council may deny a request for a conditional use permit if the anticipated impacts of the proposed use at a specific location cannot reasonably be mitigated.

B.

Permit Required. All approved conditional uses shall be authorized by a permit which states the required findings, the conditions of approval on the use and/or structure. the location of the conditional use, and the time limit, if any. In granting a conditional use permit, the town council may, in order to assure compliance with the foregoing standards:

1.

Require and attach to the conditional use permit conditions which are more restrictive and in excess of the dimensional standards for the district in which the conditional use is proposed;

2.

Require and attach to the conditional use permit time limits for some or all conditions of the conditional use permit;

3.

Require and attach to the conditional use permit conditions which include, among other things, increased lot size, increased setback requirements, suitable landscaping, special water, sewage or stormwater facilities, special controls over the location and number of access points, curb cuts and traffic movement, additional parking, and other conditions which will uphold the spirit and intent of the zoning ordinance, the comprehensive plan, and the harmony and beneficial use of neighboring uses. The town council may also require an agreement and performance bond to insure compliance with said restrictions and conditions.

C.

Required Findings. Precedent to the granting of any conditional use permit, the town council must find in writing that:

1.

The proposed use, at the proposed location, is consistent with the purposes of the development regulations and zone district in which it is to be located, and that the proposed use will meet all the applicable requirements of the development regulations.

2.

The proposed use, at the proposed location, will not be significantly detrimental to the public health, safety and welfare, will not substantially harm or diminish the value of nearby property or improvements, and will not materially disturb the owners of nearby properties in the reasonable use of these properties. The town council may waive this finding in cases where the proposed use is considered to be a public necessity.

3.

The proposed use will generally be in harmony with the comprehensive plan.

D.

Additional Findings Required for Public/Quasi-Public Facilities. In all districts, public/quasi-public facilities may be permitted as conditional uses under the procedure specified in this section. For these facilities, the town council must make the following additional findings:

1.

That the proposed location of the public/quasi-public facility and the size and the characteristics of the site will maximize its benefit to the public;

2.

That the proposed location of the public/quasi-public facility and the plan for entrances and exits will not create traffic hazards on public streets;

3.

That the proposed public/quasi-public facility will not occupy land which would be substantially more beneficial to the community if put to a different use.

(Ord. 566 § 2 Exh. A (part), 1998)