It is the purpose of this chapter to authorize, upon appeal, in specific cases such variances from the provisions of the zoning ordinance or other land use regulatory ordinances as the town may adopt which will not be contrary to the public interest and only where, owing to special conditions, a literal enforcement of the provisions of such ordinance(s) would result in unnecessary hardship.

(Ord. 541 § 1 (part), 1999)

The planning commission shall consider all requests for variance from the zoning code; the commission shall not grant variance from the provisions of such ordinances unless it finds that all of the following facts and conditions exist:

A.

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

B.

The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order 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;

C.

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 in the zone in which the subject property is situated;

D.

The authorization of such variance will not adversely affect the implementation of the comprehensive plan;

E.

The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity.

(Ord. 541 § 1 (part), 1999)

In authorizing the variance, the planning commission may attach thereto-such conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest. A variance so authorized shall become void after the expiration of one year or a longer period as specified at the time of the commission action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the board of adjustment may extend the period of variance authorization without a public hearing for a period not to exceed twelve months upon a finding that there has been no basic change in pertinent conditions surrounding the property since the time of the original approval.

(Ord. 541 § 1 (part), 1999)

An application to the planning commission for the issuance of a variance shall be made on forms prescribed by the planning department. A filing fee as required in the application fees chapter of this title should accompany all applications. All variances shall be processed as Type 3 decisions pursuant to DMC Section 17.108.030.

(Ord. 541 § 1 (part), 1999)

Under no circumstances shall the commission grant a variance to permit a use not generally or conditionally permitted in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone.

(Ord. 541 § 1 (part), 1999)