(1) 
Applications for variances are limited to the following sections of this title: MMC § 22G.090.550, § 22G.090.600(6), § 22G.090.670 and § 22G.090.810. Variances are not permitted from other sections of this title.
(2) 
For subdivisions and short subdivisions, a request for a variance of more than 10 percent shall be considered by the hearing examiner. The application shall be submitted with the subdivision or short subdivision application.
(3) 
For subdivisions and short subdivisions, a request for a variance of less than or equal to 10 percent shall be considered by the community development director. The application shall be submitted with the subdivision or short subdivision application.
(4) 
All variances to new lots created under this subdivision code relating to MMC § 22G.090.550 and § 22G.090.670 shall be heard by the hearing examiner or community development director per subsections (2) and (3) of this section. The hearing examiner shall hear requests for variances made pursuant to MMC § 22G.090.600(6) and § 22G.090.810.
(5) 
In order for the community development director or hearing examiner to grant a variance, he or she must find that all of the following conditions have been met:
(a) 
There are exceptional circumstances or conditions such as: location of existing structures, lot configuration, or topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;
(b) 
The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located; and
(c) 
A hardship would be incurred by the applicant if required to comply with the strict application of the section or sections identified in subsection (1) of this section.
(6) 
The filing of an application with the city requesting a variance shall stay the running of the time period for preliminary subdivision and short subdivision approval as is set forth in Article II of this chapter, Preliminary Subdivision Review, and Article IV of this chapter, Short Subdivision Review.
(Ord. 2852 § 10 (Exh. A), 2011)