Deer Park City Zoning Code
CHAPTER 18
76 VARIANCES
§ 18.76.010 Power to decide requests for variances.
The hearing examiner shall hear and decide all requests for variance from the rules, regulations and requirements of this title. Building permit applications shall not be considered until a final decision is made on a request for variances.
(Ord. 394 § 2.42, 1981; Ord. 974 § 1, 2018)
§ 18.76.020 Intent.
Variance from this title may be authorized where, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship. Such variance from the terms of this title shall not be granted unless and until all procedures and requirements of this chapter are complied with.
(Ord. 394 § 2.42.02, 1981; Ord. 974 § 1, 2018)
§ 18.76.030 Procedure.
An application for a variance shall be processed as a Type III (quasi-judicial) application in accordance with the provisions of this title and of DPMC Title 19 unless a conflict with the provisions exists in which case the provisions of this chapter shall apply. Written application for a variance shall be submitted to the hearing examiner demonstrating:
A.
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zone;
B.
That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this title;
C.
That the special conditions and circumstances do not result from any illegal action on the part of the applicant;
D.
That granting the variance request will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same zone; and
E.
No nonconforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or building in other zones, shall be considered grounds for issuance of a variance.
(Ord. 394 § 2.42.04, 1981; Ord. 722 § 143, 1998; Ord. 974 § 1, 2018)
§ 18.76.040 Public notice.
Within 30 days of issuance of a determination of completeness for such application, the planning director shall give notice of public hearing setting the time, place, and purpose of the hearing, and giving other notice of application/public notice information as required in this title and in DPMC Title 19, which shall be published in a newspaper of general circulation in the city, posted on the site, and posted at the City Hall and other public locations, within the time frame prescribed in this title and in DPMC Title 19 prior to the date of the hearing. In accordance with DPMC Title 19, the planning director may provide additional public notice at his discretion (i.e., mailing notice to abutting or surrounding property owners, etc.).
(Ord. 394 § 2.42.06, 1981; Ord. 722 § 144, 1998; Ord. 974 § 1, 2018)
§ 18.76.050 Hearing.
A public hearing shall be held before the hearing examiner in accordance with Chapter 18.88 DPMC and DPMC Title 19.
(Ord. 394 § 2.42.08, 1981; Ord. 722 § 145, 1998; Ord. 974 § 1, 2018)
§ 18.76.060 Findings of fact.
The hearing examiner shall make findings of fact as to whether the requirements of DPMC § 18.76.030 and RCW 35A.63.110 have been met by the applicant and forward such findings of facts to the applicant and other interested parties in its notice of decision.
(Ord. 394 § 2.42.10, 1981; Ord. 722 § 146, 1998; Ord. 974 § 1, 2018)
§ 18.76.070 Approval.
A variance may be approved, approved with conditions, or denied. Before approving an application and granting a variance, the hearing examiner shall:
A.
Make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that would make possible the reasonable use of the land, building, or structure;
B.
The hearing examiner shall further make a finding that the granting of the variance will be in harmony with the general intent and purpose of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;
C.
In granting any variance, the hearing examiner may prescribe appropriate conditions and safeguards in conformity with this title. Any such conditions shall be set forth in the hearing examiner's notice of decision. Noncompliance with such conditions and safeguards that are made a part of the conditions under which the variance is granted shall be deemed a violation of this title and punishable under Chapter 18.108 DPMC.
(Ord. 394 § 2.42.12, 1981; Ord. 722 § 147, 1998; Ord. 974 § 1, 2018)
§ 18.76.080 Appeals.
The decision of the hearing examiner granting or denying a variance under this chapter may be timely appealed pursuant to Chapter 36.70C RCW to Spokane County superior court by any party with standing to initiate an appeal as defined in said state law.
(Ord. 722 § 148, 1998; Ord. 974 § 1, 2018)
