Where, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation or condition peculiar to a particular piece of property, the strict application of any provision of this title would result in exceptional, demonstrable, unnecessary hardship, the board shall have the power to grant, upon an appeal relating to such property, a variance from such strict application so as to relieve such demonstrable difficulties or hardships, subject to the requirements of this chapter. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.1, 1969)

A.

The applicant shall submit written application with a site plan for a variance demonstrating that all of the following conditions exist:

1.

That there exist special conditions and circumstances of the type specified in Section 18.60.010, which are peculiar to the land, structure, or building involved and which are not applicable to other lands or structures in the same district;

2.

The said special conditions and circumstances do not result from the actions of the applicant;

3.

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these regulations;

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the board to other lands or structures in the same district.

B.

When the application is filed, a fee as provided in Chapter 18.63 shall be paid. (Ord. 329-1984 § 2, 1984)

(Ord. No. 1356-2019, § 1, 11-21-2019)

The board shall hold a public hearing on the application, as provided in Sections 18.51.120. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.3, 1969)

(Ord. No. 1356, § 1, 11-21-2019)

No variance shall be granted unless the board shall have made the following findings:

A.

That the representations in the application are valid;

B.

That the reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land or structure;

C.

That the granting of the variance will be in harmony with the general purpose and intent of the comprehensive plan and this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.4, 1969)

(Ord. No. 1356-2019, § 1, 11-21-2019)

A.

No nonconforming structures in the same district, and no permitted or nonconforming structures in other districts shall be considered grounds for the issuance of a variance.

B.

Under no circumstances shall the board grant a variance to allow a use not permitted under the terms of this title in the district involved or any use expressly or by implication prohibited by the terms of this title in said district. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.5, 1969)

(Ord. No. 1356-2019, § 1, 11-21-2019)

The board shall consider the application and grant or deny it according to the provisions of this chapter. In granting a variance, the board may prescribe appropriate conditions in conformity with this title. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.6, 1969)

Where a variance is required and granted, it shall be issued prior to the issuance of a building permit, and shall be issued subject to the conditions upon which the board has determined to grant variance. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 806.7, 1969)

Authority to issue a building or other required permit pursuant to the granting of a variance shall expire two years after the date of the granting of the variance, except when the following conditions have been met:

A.

Building permits have been issued for at least one building permit permitted by the variance, materials have been acquired and are on site, and the foundation has been placed for at least one of the permitted buildings; or

B.

Where no construction is required, the actual operation of the use has been started. (Ord. 407-1986 § 1, 1986)

(Ord. No. 1356-2019, § 1, 11-21-2019)