The purpose of this chapter is to empower the hearing examiner to vary or adapt the strict application of any of the requirements of this title, provided, such variance would not be contrary to the public interest, and the strict application of the particular regulation would result in peculiar, exceptional, and undue hardship on the owner of the property.

It is the intent of this title that the variance be used only to overcome some exceptional physical condition of land that prevents any reasonable use of the property.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

A written application requesting a variance shall be submitted to the administrative official under the applicable provisions of Chapter 17.11.

(Ord. 2274 § 1 (part), 2000)

A variance shall be granted only when the applicant demonstrates the following. If all of the following cannot be demonstrated, then the application for variance must be denied. Variance criteria are as follows:

A.

That granting the variance will be consistent with the general purpose and intent of this title, and will not be injurious to the neighborhood; or otherwise detrimental to the public welfare;

B.

That granting the variance will not permit the establishment of any use not permitted in a particular zoning district;

C.

That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures, and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure;

D.

That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property, in question and evidence of variance granted under similar circumstance shall not be considered. Neither nonconforming uses or neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance;

E.

That granting of the variance is necessary for the reasonable use of the land or structure, and that the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)

When considering a variance in the airport overlay district the hearing examiner shall consider, in addition to the conditions in Section 17.23.030, all technical evaluations, standards applying to the overlay district, and: (1) the danger to life and property due to airport conflicts; (2) the importance of the services provided, by the proposed use, to the community; (3) the necessity, to the facility, of an airport location; (4) the availability of alternative locations, for the proposed use, which are not subject to airport hazards; (5) the compatibility of the proposed use with existing and anticipated development; and (6) the relationship of the proposed use to the airport master plan.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

An application for variance shall be processed as prescribed in Title 18.

(Ord. 2274 § 1 (part), 2000)