Spokane Valley City Zoning Code
CHAPTER 19
170 VARIANCES
§ 19.170.010 Purpose.
A purpose of Chapter 19.170 SVMC is to provide a mechanism by which the City may grant relief from the provisions of the SVMC where practical difficulty renders compliance with the provisions of the SVMC an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property, and where the purpose of the SVMC and of the Comprehensive Plan can be fulfilled upon granting of the variance.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.170.020 Permit type.
Variances are classified as a Type III permit and shall be processed pursuant to the provisions of SVMC § 17.80.070.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.170.030 Decision criteria.
The hearing examiner may approve, or approve with modifications, an application for a variance from the provisions of the SVMC if:
A.
The variance for the subject property does not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and the zone in which the property is located;
B.
The variance is necessary because of special circumstances relating to the 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 in the land use zone in which the subject property is located;
C.
The granting of the variance is not materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located;
D.
The special circumstances of the subject property make the strict enforcement of the provisions of the SVMC an unnecessary hardship to the property owner;
E.
The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest;
F.
The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant;
G.
The variance is consistent with the purpose and intent of the zoning code; and
H.
The variance is in accord with the Comprehensive Plan.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.170.040 Limitation on authority.
The hearing examiner may not grant a variance to:
A.
The regulations establishing the allowable uses in each zoning district;
B.
Any procedural or administrative provisions of the SVMC; or
C.
Any provision of the zoning code which, by the terms of that code, is not subject to a variance.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.170.050 Time limitation.
A variance automatically expires and is void if the applicant fails to obtain a building permit or other necessary development permit and substantially completes improvements allowed by the variance within 18 months of the effective date of the variance.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.170.060 Time extension.
Upon application of the property owner, the hearing examiner may extend a variance, not to exceed one year, if:
A.
Unforeseen circumstances or conditions necessitate the extension of the variance;
B.
Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and
C.
The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.
(Ord. 16-018 § 6 (Att. B), 2016)
