A. 
Use permit and a variance provide flexibility in the application of land use and development regulations when necessary to achieve the purposes of this title.
1. 
Use Permit. A use permit is typically required for a use classification having unusual site development features or operating characteristics requiring special consideration so that the use may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.
2. 
Variance. A variance is intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of an existing structure on it; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. The cost to an applicant of strict compliance with a regulation may not be the sole reason for granting a variance.
B. 
A variance may be granted with respect to landscaping, screening, site area, site coverage, site dimension, yard, height of structure (except a fence or wall), distances between structures, open space, off-street parking and off-street loading, frontage, performance standard, or other regulation affecting the size, shape or design of a site or the placement of a building on it.
C. 
The authority to grant a variance does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this title is provided by the use permit process for specified uses and by the authority of the zoning administrator to determine whether a specific use belongs within one or more of the use classifications listed in Chapter 18.08 PMC.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
A. 
Use Permit. Unless otherwise designated by this title for review by the zoning administrator, the planning commission shall hear and decide each application for a use permit.
B. 
Variance. The zoning administrator shall hear and decide each application for a variance.
(Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 15-1390 § 3 (Exh. C), 2015)
A. 
The reviewing body may impose such reasonable conditions to the grant of use permit or variance as it considers necessary to:
1. 
Carry out the purpose and intent of this title and the purpose of the land use district in which the property is located;
2. 
Comply with the general plan;
3. 
Protect the public health, safety and general welfare; and
4. 
Ensure that the operation of the use is compatible with existing and potential uses on properties in the surrounding area.
B. 
The conditions that may be imposed include, but are not limited to, dedication of right-of-way, construction of public facilities and other improvements, plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
A variance in the requirements necessary to the consideration of a tentative map of a subdivision may be considered and granted or denied in accordance with and as part of the consideration governing the approval of subdivisions. Notice of the hearing shall be given as for notice of the hearing on an application for a variance (PMC § 18.14.020).
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
A temporary activity permit authorizing a temporary use is subject to the following provisions:
A. 
Duties of the City Planner. The city planner shall approve, approve with conditions, or deny an application. No notice or public hearing is required.
B. 
Required Findings. A temporary activity permit may only be granted if the city planner finds that:
1. 
The proposed temporary use will be located, operated, and maintained consistent with the policies of the general plan and the provisions of this title; and
2. 
Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.
C. 
Conditions of Approval. In approving a temporary activity permit, the city planner may impose conditions necessary to:
1. 
Achieve the general purposes of this title and the specific purposes of the land use district in which the temporary use will be located;
2. 
Protect the public health, safety, and general welfare; and
3. 
Ensure operation and maintenance of the temporary use in a manner compatible with existing uses in the surrounding area.
D. 
Effective Date – Duration – Appeals. The temporary activity permit is valid for a specified time period not to exceed 45 days. A temporary activity permit lapses if not used within the dates approved. The city planner may revoke the permit effective immediately upon verbal or written notice for violation of the terms of the permit. The city planner may approve changes in a temporary activity permit.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
If a use permit or variance is not exercised, used or established within one year of its grant or the time otherwise specified in the permit, the permit automatically expires. A use permit or variance issued under this title is considered to be exercised, used or established when, within one year of its grant or within the time otherwise specified in it, a building permit is issued for the purpose and location described in it. If no building permit is required to establish the variance, use or other matter granted, then the permit is considered to be exercised, used or established when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.
A time period stated in the permit governs over this provision.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
A. 
Use Permit. In the case of a use permit, upon a showing of good cause the applicable original reviewing body may extend the period for initially exercising the use permit for a maximum of one additional year.
B. 
Variance. In the case of a variance, upon a showing of good cause the zoning administrator may, after notice to the planning commission, extend the period for initially exercising a variance for a maximum of one additional year.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 15-1390 § 3 (Exh. C), 2015)
If a use is established under a use permit or variance and the use is discontinued for any reason for a period of nine months, the permit becomes void and the use may not be resumed. Upon application during the nine-month period by the owner and upon a showing of good cause, the city planner may grant an extension not to exceed a total of three months.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
The planning commission may revoke a use permit or variance on any of the following grounds:
A. 
Violation of a zoning regulation of the city;
B. 
Violation of a term, limitation or condition;
C. 
Causing or allowing a nuisance in connection with the premises; or
D. 
Conviction of a violation of federal or state law or city ordinance in connection with the operation of the permitted use.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)
If the planning commission finds that there is probable cause for revoking a use permit or variance, the planning commission shall direct the city planner to give notice of a hearing to the permittee and the public in the same manner as prescribed for the original application.
The public hearing shall be conducted in the same manner as the original application, except that the city has the burden of proving the grounds for revocation. If the planning commission finds that grounds for revocation exist, it may revoke the use permit or variance or impose conditions to its continuance.
An order revoking or failing to revoke a use permit or variance may be appealed to the city council in accordance with the provisions of this title relating to appeals on original applications.
(Ord. 979 § 2 (Exh. A), 1990; Ord. 07-1284 § 3 (Exh. C), 2007)