Entiat City Zoning Code
CHAPTER 18
56 VARIANCES
§ 18.56.010 General requirements.
(1)
The hearing examiner shall make decisions on general variances. The hearing examiner may grant variances to the provisions of this title. The hearing examiner's decision shall be reached at a duly publicized public hearing.
(2)
Variances are intended to provide relief in instances where the provisions of this title create unnecessary hardship or render compliance impractical or impossible. A decision for approval must be based on the following findings:
(a)
The variance shall not constitute a grant of special privilege inconsistent with the limitations on uses of other properties in the vicinity and zone in which the property is located.
(b)
The variance is necessary because of special circumstances relating to 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.
(c)
The special conditions and circumstances contributing to the hardship from which relief is sought are not the result of the applicant's own action.
(d)
The granting of such 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.
(3)
Variance requests for special circumstances or hardships other than those addressed in subsection (2)(b) of this section may be heard by the city council. The city council's decision shall be reached at a duly publicized public hearing.
(a)
Special circumstances may include, but are not limited to, preserving a family home in a commercial zone, providing for an economic development opportunity that cannot be provided for elsewhere, allowing for a new use that is not yet addressed in the district use chart.
(b)
Special variances must comply with subsections (2)(a), (c), and (d) of this section.
(c)
Decisions of the city council may be appealed to the hearing examiner within 10 days of notice.
(Ord. 607 § 1, 2003; Ord. 673 § 1 (Exh. B), 2007; Ord. 701 § 1 (Exh. A), 2009; Ord. 735 § 1 (Exh. A), 2012)
