The director of public works or city council may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this tile would cause an undue or unnecessary hardship. Normally, no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.
Variances shall generally be one of two types:
A.
Alternatives to the public works standards of Chapter 16.36 PMC. These shall be processed as a Type I application administratively by the director of public works. Appeals of administrative variances shall be to city council as provided in Chapter 16.06 PMC.
B.
All other requests for variances to any of the provisions of Title 16 PMC shall be processed as a Type III application in which applications are to the city council and require a public hearing.
(Ord. 812 § 1 (part), 2005)
A.
A property owner may initiate a request for a variance by filing an application with the director of public works. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The director of public works or city council may request other drawings or information necessary to an understanding of the request.
B.
The application shall include a narrative statement demonstrating that the requested variance conforms to the following standards, all of which must be met for the application to receive approval:
1.
Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;
2.
The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity;
3.
The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of city development plans or policies;
4.
The variance requested is the minimum variance which will alleviate the hardship;
5.
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the zone;
6.
The special conditions requiring a variance do not result from the actions of the applicant; and,
7.
An explanation of how the requested variance meets any other specific criteria required for the type of variance requested, where applicable, including, but not limited, to the following:
(Ord. 812 § 1 (part), 2005)
Type I applications will be approved or disapproved within thirty days of the application, following procedures in Chapter 16.06 PMC. If denied, the applicant may appeal to the city council
Type II applications will require a public hearing. At the council meeting at which the application presented, the city council shall set a date for a public hearing in accordance with the provisions of Chapter 16.06 PMC.
(Ord. 812 § 1 (part), 2005)
The Approving Authority shall make written findings whether:
A.
The reasons set forth in the application justify the granting of the variance, including findings relating to compliance with any relevant variance criteria found in other sections of Pomeroy Municipal Code.
B.
The variance is the minimum variance that will make possible the reasonable use of land, building or structure.
C.
The granting of the variance will be in harmony with the general purpose and intent of this title and other applicable provisions of the Pomeroy Municipal Code, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare.
(Ord. 812 § 1 (part), 2005)
For Type I applications, the director of public works will provide a decision within thirty days.
For Type II applications, within ten days after the city council has reached a decision on a request for a variance, the city shall provide the applicant with a copy of the council’s findings, decision, and council’s written report giving the decision.
(Ord. 812 § 1 (part), 2005)
In granting any variance, the approving authority may prescribe such conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted.
(Ord. 812 § 1 (part), 2005)
Any person, firm, corporations, or association or any agent of any person, firm corporation, or association who violates any provision of this ordinance or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this ordinance of any city regulation adopted pursuant thereto, shall be deemed a separate and distinct offense.
(Ord. 812 § 1 (part), 2005)
Pursuant to the provisions of RCW 35A.12.140, Adoption of codes by reference, the following sections of the Revised Code of Washington and the Washington Administrative Code as now or hereafter amended are hereby adopted by reference as a part of this code in all respects as though such sections were set forth in full:
(Ord. 812 § 1 (part), 2005)