Westport City Zoning Code
CHAPTER 17
44 CONDITIONAL USE PERMITS AND VARIANCES
§ 17.44.010 Variance – Generally.
The land use hearing examiner shall have the authority to grant a variance from the provisions of this title, subject to the following provisions of this chapter. Any variance granted shall be subject to such conditions as will assure that the variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity and zone in which the subject property is located.
(Ord. 1146 § 2, 1998; Ord. 1249 § 4, 2003)
§ 17.44.020 Variance – Justification.
Before any variance may be granted the land use hearing examiner shall determine:
(1)
That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;
(2)
That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated;
(3)
The variance is not due to a self-imposed hardship.
(Ord. 1146 § 2, 1998; Ord. 1249 § 4, 2003)
§ 17.44.030 Conditional use permit – Generally.
(1)
The land use hearing examiner shall have the authority to grant a conditional use permit for such uses as require them under this title. The land use hearing examiner may deny an application if the characteristics of the intended use would create an unusual or hazardous condition because of the nature of the site. The purpose of a conditional use permit procedure shall be:
(A)
To assure that the compatibility of uses shall be maintained considering other existing and potential uses within the general area;
(B)
To assure that the use will not cause or allow conditions which tend to create general nuisances or hazards to life and property;
(C)
To assure that the use conforms to the comprehensive plan;
(D)
To assure that the use meets all conditions and requirements of the zone in which it proposes to locate, this chapter in general, and other ordinances regulating development within the city;
(2)
Upon finding that each of these criteria have been met, the conditional use permit may be granted as set forth in WMC § 17.44.050; provided, that the land use hearing examiner may modify the application, attach special requirements or apply additional conditions necessary to protect the public safety, health or welfare.
(Ord. 1146 § 2, 1998; Ord. 1249 § 4, 2003)
§ 17.44.040 Application.
Upon the filing of an application for a variance or a conditional use permit by a property owner or by a lessee and the issuance of the appropriate environmental determination or final EIS the city clerk shall schedule a public hearing for the next regular meeting and shall give notice as prescribed in WMC § 17.48.030.
(Ord. 1146 § 2, 1998)
§ 17.44.050 Consideration and appeals.
The land use hearing examiner shall conduct a public hearing and shall render a decision within 60 days of the initial hearing; provided, that the decision may be postponed further with the written consent of the applicant. A letter indicating the findings, decision and any conditions shall be mailed to the applicant. The decision of the land use hearing examiner shall be final unless within 10 days from the date of the decision an appeal is filed with the superior court. The filing of such appeal shall stay the decision until such time as the appeal is adjudicated or withdrawn.
(Ord. 1146 § 2, 1998; Ord. 1249 § 4, 2003)
§ 17.44.060 Revocation and expiration.
(1)
The land use hearing examiner may revoke or modify any variance or conditional use permit. Such revocation or modification shall be made on any one or more of the following grounds:
(A)
That the approval was obtained by misrepresentation of the facts;
(B)
That the permit or variance is being exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, code, law, or regulation; or
(C)
That the use for which the approval was granted is being exercised so as to violate state or local laws and regulations and thus is detrimental to the public health, safety, or welfare.
(2)
The land use hearing examiner may initiate proceedings to revoke a conditional use permit or variance. Individuals who are aggrieved may petition the board to initiate revocation proceedings. The land use hearing examiner shall hold a public hearing and procedures concerning notice, report, and appeals shall be the same as required by this title for the initial consideration thereof.
(3)
Any permit or variance becomes null and void if not exercised within the time specified in such permit or variance, or, if no date is specified, within one year from the effective date of approval. Permits or variances shall become null and void if the approved use has been abandoned or discontinued for one year or more.
(Ord. 1146 § 2, 1998; Ord. 1249 § 4, 2003)
