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Pullman City Zoning Code

17.130 Variances

A variance may be approved when all of the following findings required by this section can be made:

(1) Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the Zoning Code would deprive the owner of development rights and privileges permitted to other properties in the vicinity with the same zoning.

17.130.010 Purpose.

This Chapter is to describe criteria and procedures to vary or adapt the strict application of the terms of this Title. However, variances may not be granted to vary the use and procedural requirements of this Title. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).

17.130.020 Findings.

A variance may be approved when all of the following findings required by this section can be made:

(1) Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the Zoning Code would deprive the owner of development rights and privileges permitted to other properties in the vicinity with the same zoning.

(a) Special circumstances include the size, shape, topography, location of the property and surrounding property, and environmental factors such as vegetation, streams, ponds, and wildlife habitats.

(b) Special circumstances should not be based upon any factor personal to the owner/applicant such as age or disability, extra expense which may be necessary to comply with the Zoning Code, the ability to secure a scenic view, the ability to make more profitable use of the property, or any factor resulting from the action of the owner/applicant.

(2) Special Privilege. That approval of the variance is not a grant of a special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning.

(3) Comprehensive Plan. That approval of the variance is consistent with the Comprehensive Plan.

(4) Zoning Code. That approval of the variance is consistent with the Zoning Code and the zoning district in which the property is located.

(5) Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety, and welfare, or injurious to the property or improvements in the vicinity and same zone.

(6) Minimum Variance. That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §51, 2003; Ord. 87-9 §1, 1987).

17.130.030 General Requirements.

The following general requirements must be applicable to all variances:

(1) The Hearing Examiner will review applications for variances as provided in PCC 17.180.030, except administrative variances which will be reviewed by the Director of Community Development as provided in PCC 17.130.040 and 17.175.050.

(2) Any person may appeal a Hearing Examiner decision to the Superior Court of Whitman County as provided in Chapter 17.185 PCC.

(3) An approved variance must be acted on by the permittee within one (1) year from the date of granting the variance. Otherwise, the variance will expire and be invalid, unless the permittee files an application for an extension of time 30 days before the expiration of the one (1) year period and the Director of Community Development approves the application.

(4) An application for an extension of time will be reviewed by the Director of Community Development as provided in PCC 17.175.050.

(5) A variance applies only to the property for which it has been approved and may not be transferred to any other property. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 03-33 §52, 2003; Ord. 87-9 §1, 1987).

17.130.040 Administrative Variances.

(1) The following variances may be approved by the Director of Community Development as provided in PCC 17.175.050:

(a) up to a 15% reduction in lot area, setbacks, and lot width from the amount required in the zoning district in which the subject property is located;

(b) up to a 5% percent increase in lot coverage and building height from the amount required in the zoning district in which the subject property is located;

(c) pursuant to PCC 17.75.070(4)(b), larger maximum lot area per dwelling unit ratios as described in PCC 17.75.070(4);

(d) pursuant to PCC 17.75.070(11)(f), modification of infill development standards as described in PCC 17.75.070(11);

(e) pursuant to PCC 17.37.050(3), modification of adult entertainment business separation standards as described in PCC 17.37.050;

(f) height variances in any airport overlay district;

(g) administrative variances to sign regulations as specifically described in Chapter 17.50 PCC; and

(h) increase in allowed guests for STRs.

(2) No variance will be approved by the Director of Community Development which will allow an increase in the number of dwelling units on a parcel.

(3) Prior to approval of an administrative variance, the Director of Community Development will determine that the granting of the variance will not be significantly detrimental to the public health, safety, and welfare, or injurious to nearby property or improvements. For an administrative variance, the Director of Community Development need not make the findings described in PCC 17.130.020. (Ord. 25-08 §1 (Att. A), 2025; Ord. 03-33 §53, 2003; Ord. 00-8 §8, 2000; Ord. 87-9 §1, 1987).