Nooksack City Zoning Code
19.56 Conditional
Uses and Variances
The City Council shall have the power in passing upon requests for special exceptions, to grant variances in harmony with the general purpose and intent of the provisions of this Title, and such variances may vary from any rules, regulations, or provisions relating to the use of land or structures and any construction, structural or equipment changes, or alteration of structures, so that the spirit of this Title will be observed, public safety secured, and substantial justice done.
19.56.010 Conditional Uses – Jurisdiction.
The City Council shall have and exercise original jurisdiction in receiving, granting or denying all requests for conditional use, upon application, after public hearing, and upon findings by the City Council that the conditions of this Title upon which the conditional use is permitted, have been fulfilled as well as the fulfillment of all other ordinances with which compliance is required. [Ord. 195 §49, 1980.]
19.56.020 Variances – Jurisdiction.
The City Council shall have the power in passing upon requests for special exceptions, to grant variances in harmony with the general purpose and intent of the provisions of this Title, and such variances may vary from any rules, regulations, or provisions relating to the use of land or structures and any construction, structural or equipment changes, or alteration of structures, so that the spirit of this Title will be observed, public safety secured, and substantial justice done. [Ord. 195 §50, 1980.]
19.56.030 Conditional Use or Variance – Application Procedure.
Requests for conditional use or variance shall be initiated by application therefore submitted to the City Clerk on such form or forms as the City may from time to time require. Applications for variances and conditional uses shall be processed as Class III actions pursuant to the provisions of Chapter 16.01 NMC and shall be accompanied by a nonrefundable application fee as established in NMC 16.01.085. [Ord. 441 §48, 1996; Ord. 230 §5, 1982; Ord. 195 §51, 1980.]
19.56.040 Conditional Use – Findings Required.
Before approving applications for a conditional use permit, the City Council shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location:
A. Will be harmonious and in accordance with the general and specific objectives of the Comprehensive Plan of the City of Nooksack.
B. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the surrounding area.
C. Will not be hazardous or disturbing to existing or future neighboring uses.
D. Will be adequately served by essential public facilities such as highways, streets, fire protection, drainage, refuse disposal, water, sewage disposal, schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide such service.
E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
F. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or radio or television interferences.
G. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets.
H. That the use requested by the applicant, if established, will not be of a general classification differing from the essential use provisions of the zone or district in which the land or structure is located. [Ord. 195 §52, 1980.]
19.56.050 Variances – Findings Required.
The City Council shall not vary any of the rules, regulations, or provisions of this Title unless it shall find that all of the following conditions exist in each case of a request for a variance:
A. That the land or structure in question connot be reasonable used, and connot yield a reasonable return if used only for the purposes permitted and in accordance with other requirements in the district classification in which the land or structure is located.
B. That the plight of the owner is due to unique circumstances which are not the general condition of the neighborhood and are not the result of any action of the owner/applicant.
C. That the use requested by the applicant, if established, will not be of a general classification differing from the essential use provisions of the district classification in which the land or structure is located.
D. That the variance would not constitute a grant of special privilege inconsistent with the limitation of uses of other properties in the vicinity and zone in which the building or structure is located.
E. That such variance is necessary, because of special circumstances relating the the size, shape, topography, location, or surroundings of the affected property, to provide it with use rights and privileges permitted to other properties in the vicinity and district in which it is located.
F. That the granting of such variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity or district in which the building or structure is located. [Ord. 195 §53, 1980.]
19.56.060 Conditional Use or Variance – Findings to Include Report.
The City Council's findings shall include a written report in which a comparison is made of the applicant's request and the present land utilization pattern within the neighborhood of the applicant's affected property; and such report may contain other pertinent data regarding any existing or preexisting conditions related to topography, geology, traffic, utilities, existing or proposed land use, and such conditions set forth by the official plans of the City for its development. The report shall include a summary of all facts both favoring and opposing applicant's position. [Ord. 195 §54, 1980.]
19.56.070 Conditional Use or Variance – Judicial Review.
The action of the City Council upon an application for a conditional use or variance shall be final and conclusive, unless, within ten (10) days of the date of adoption of written findings, the original applicant or any aggrieved person petitions the Superior Court of Washington for Whatcom County for a Writ of Certiorari, Prohibition, or Mandamus and such writ issues, in which event the action shall be stayed pending final outcome of the judicial action. [Ord. 195 §55, 1980.]