The city planning commission may authorize variances from the requirements of this title where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this title would cause an undue or unnecessary hardship. No variance shall be created to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance, the city planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this title. [Ord. P10-21 § 8.010, 1997.]

A variance may be granted only in the event that all of the following circumstances exist:

A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property, since enactment of the ordinance codified in this title, have had no control.

B. The variance is necessary for the preservation of the same property right as possessed by owners of other property in the same zone and vicinity.

C. The variance would not be materially detrimental to the purposes of this title or to property in the same zone or vicinity in which the property is located and is consistent with the policies and guidelines of the adopted comprehensive plan and state planning goals.

D. The variance requested is the minimum variance which would alleviate the hardship. [Ord. P10-21 § 8.020, 1997.]

The procedure for taking action on an application for a variance shall be as follows:

A. A property owner may initiate a request for a variance by filing an application with the city manager. A filing fee shall accompany an application for a variance. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. The applicant shall submit evidence that the circumstances for granting a variance as outlined in LMC 18.45.020 apply to the variance request.

B. Before the planning commission may act on a variance application, it shall hold a public hearing thereon in accordance with the provisions of LMC 18.55.030.

C. Within seven days after a decision has been rendered with reference to a variance application, the planning commission chairman shall provide the applicant with notice of the decision of the planning commission. [Ord. 2021-4 § 3, 2021; Ord. G2-2015 § 1, 2015; Ord. P10-21 § 8.030, 1997. Amended during 2006 recodification.]

Building permits for all or any portion of an application involving an approved variance shall be issued only on the basis of the plan for the variance as approved by the city planning commission. Any proposed change in the approved plan shall be submitted to the city planning commission as a new application for a variance. Building permits involving an approved variance shall not be issued until the appeal period, as specified under LMC 18.55.020, has passed. [Ord. P10-21 § 8.040, 1997.]

Authorization of a variance shall be void one year after the date of approval of a variance application or such lesser time as the authorization may specify, unless a building permit has been issued and substantial construction pursuant thereto has taken place. However, upon written request, the planning commission may extend authorization for an additional period not to exceed one year. [Ord. P10-21 § 8.050, 1997.]

A variance may be revoked or modified by the city planning commission after public hearing on any one or more of the following grounds:

A. Approval of the variance was obtained by fraud or misrepresentation.

B. The use for which approval was granted has ceased to exist.

C. The use does not meet the conditions specifically established for it at the time of approval of the application.

D. The variance is in violation of any other applicable statute, ordinance or regulation. [Ord. P10-21 § 8.060, 1997.]

Following the denial of any request for a variance, the city planning commission shall not consider another request for the same variance unless the city planning commission finds that new evidence of a change in circumstances warrants a new hearing. [Ord. P10-21 § 8.070, 1997.]