Gig Harbor City Zoning Code
17.66 Variances
and Interpretations
17.66.010 Intent.
This chapter is intended to provide review procedures and criteria for those special situations where the dimensional, bulk or spacing provisions of this title may be relaxed. Variances are not intended to be used as a means of circumventing individually inconvenient regulations. (Ord. 573 § 2, 1990).
17.66.015 Complete application.
An application for a general variance is considered complete upon submittal of the information as required under GHMC 17.96.050(B) through (D), including the written statement of justification for granting the variance pursuant to the requirements of GHMC 17.66.030(B). This is in addition to the application requirements of GHMC 19.02.002 for a Type III application. An application for an administrative variance shall contain the information required for a general variance, but shall include a written statement of justification for granting the variance pursuant to the requirements of GHMC 17.66.020(A). (Ord. 1197 § 38, 2010; Ord. 725 § 9, 1996; Ord. 710 § 66, 1996).
17.66.020 Variances.
A. Administrative Variances. An administrative variance is a Type II permit procedure. Upon the filing of a proper application, the planning director shall have the authority to grant, with conditions if necessary, an administrative variance from the following property development standards:
1. A decrease of not more than 20 percent of the required width of a side, front or rear yard or yard between buildings;
2. An increase of not more than 10 percent of the permitted projection of cornices, sills, eave projections, fences or structures, maximum permitted lot coverage, unenclosed awnings and unenclosed and uncovered decks into a required front, side or rear yard;
3. An increase of not more than five percent in the maximum permitted height of a building.
B. Required Findings to Grant. Each administrative variance granted shall be supported by written findings as follows; the variance will not compromise the intent of the comprehensive plan nor be inconsistent with the goals, policies and objectives of the comprehensive plan:
1. The variance is an immediate remedy to a condition not readily apparent during the construction of a structure and which, if permitted, would not result in any significant adverse impacts to adjacent properties or structures;
2. A strict application of the standards would impose an unreasonable hardship upon the applicant or property owner;
3. The need for the variance is not the result of the deliberate actions of the applicant or property owner;
4. The variance does not create health and safety hazards. (Ord. 710 § 67, 1996; Ord. 573 § 2, 1990).
17.66.030 General variances.
A. A general variance is a Type III application and shall be processed as set forth in GHMC Title 19. The hearing examiner shall have the authority to grant a variance from the requirements of this title, except as identified in GHMC 17.66.020(A), administrative variances, after considering the matter at a public hearing.
B. Before any variance can be granted, the examiner shall make findings of fact setting forth and showing that the following circumstances exist:
1. The proposed variance will not amount to a rezone nor authorize any use not allowed in the district;
2. Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other land in the same district and that literal interpretation of the provisions of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;
3. The special conditions and circumstances do not result from the actions of the applicant;
4. Granting of the variance requested will not confer a special privilege that is denied other lands in the same district;
5. The granting of the variance will 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;
6. The hearing examiner shall further 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 will make possible the reasonable use of the land. (Ord. 1245 § 17, 2012; Ord. 573 § 2, 1990).
17.66.040 Duration of approval and expiration.
The duration of variance approval and expiration shall be governed by GHMC 19.02.008. (Ord. 1197 § 39, 2010; Ord. 573 § 2, 1990).
17.66.050 Interpretations.
A. Interpretations – Planning Director.
1. The planning director shall review and determine any questions involving the proper interpretation or application of the provisions of this title that may be requested by any property owner, tenant, government officer, department, board, council or commission. The planning director’s decision shall be in keeping with the spirit and intent of this title and of the comprehensive plan. Prior to making interpretations of the requirements of the city’s shoreline master program, the planning director shall consult with the Department of Ecology when issuing any formal written interpretation to insure consistency with the purpose and intent of Chapter 90.58 RCW and the applicable guidelines. Ecology shall be provided with 30 days from receipt of the city’s “request for comments” to submit formal comments to the city on any interpretation.
2. Recognizing that there may be uses not specifically mentioned in this title either because of advancing technology or any other reason, the planning director may permit such use to be established if it is clearly evident that the use is in conformity with the designated principal uses of the use district in which it is to be located.
3. Interpretations shall be processed in accordance with the procedures established under GHMC Title 19 for a Type II project permit application. (Ord. 1278 § 4, 2013; Ord. 1197 § 40, 2010; Ord. 573 § 2, 1990).