Yakima City Zoning Code

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;

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

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 circumstances 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;

That an 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 circumstances shall not be considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance;

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.

The danger to life and property due to flooding or airport conflicts;

The importance of the services provided by the proposed use to the community;

The necessity to the facility of a waterfront or airport location;

The availability of alternative locations for the proposed use which are not subject to flooding or airport hazards;

The compatibility of the proposed use with existing and anticipated development; and

The relationship of the proposed use to the airport master plan and FEMA one-hundred-year floodplain.

The testimony at the public hearing;

The extent to which the proposed variance is in compliance with the requirements of YMC §§ 15.21.030 and 15.21.040, if applicable;

That the variance, if granted, is the minimum variance that will make possible the reasonable use of the land or structure; and

The consistency of the variance with the general purpose and intent of this title.