[1]
Prior history: Ords. 1167 and 1193.
The purpose of this chapter is to provide for differing levels of relief from some of the numerical standards provided for in the zoning code, such as lot width, depth, area, coverage and setback requirements when they create a hardship that is not borne by other parcels under the same circumstances.
(Ord. 1233 § 1 (Exh. A), 1997; Ord. 1421 § 1, 2001; Ord. 1454 § 1, 2003; Ord. 1465 § 1, 2003; Ord. 1496 § 1, 2004)
For the purposes of this title, variances are classified into two levels, administrative and full variance.
(1) 
Administrative Variance. An administrative variance may provide relief from up to 25 percent of any numerical value contained in this code, except lot size and density, subject to the following applicable thresholds:
(a) 
Front, Side and Rear Yard Setback. Front, side and rear yards may be reduced by a maximum of five feet or 25 percent, whichever is less.
(b) 
Height. Height may be exceeded by a maximum of five feet or 25 percent, whichever is less.
(c) 
Lot Coverage. Lot coverage may be exceeded by 500 square feet or 25 percent, whichever is less.
(2) 
Full Variance. A full variance may provide relief beyond 25 percent of any numerical standard, except lot area and density.
(Ord. 1233 § 1 (Exh. A), 1997; Ord. 1421 § 1, 2001; Ord. 1454 § 1, 2003; Ord. 1465 § 1, 2003; Ord. 1496 § 1, 2004)
An administrative variance shall be processed as a Type I application as set forth in WMC § 18.94.060. A full variance shall be processed as a Type III application as set forth in WMC § 18.94.060.
(Ord. 1233 § 1 (Exh. A), 1997; Ord. 1421 § 1, 2001; Ord. 1454 § 1, 2003; Ord. 1465 § 1, 2003; Ord. 1496 § 1, 2004)
(1) 
Administrative Variance. The community development director may approve an administrative variance(s) if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance(s) complies with all of the following:
(a) 
Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources; and
(b) 
If variances to more than one regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated; and
(c) 
Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and
(d) 
The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided; and
(e) 
The need for the variance is not the result of a self-imposed hardship; and
(f) 
The granting of a variance is based upon functional considerations rather than an economic hardship.
(2) 
Full Variance. The hearing examiner may grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met:
(a) 
Unusual circumstances or conditions apply to the property and/or to the intended use that do not apply generally to other property in the same vicinity or district; and
(b) 
Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district; and
(c) 
The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located; and
(d) 
That the granting of such variance will not adversely affect the realization of the comprehensive plan; and
(e) 
The need for the variance is not the result of a self-imposed hardship; and
(f) 
The granting of a variance is based upon functional considerations rather than an economic hardship.
(3) 
Simultaneous Variance Request. Where a simultaneous request for a variance has been made, the hearing examiner may grant or deny variances. In acting upon such variance applications, the hearing examiner shall follow procedures and apply such criteria as specifically required in this chapter.
(Ord. 1233 § 1 (Exh. A), 1997; Ord. 1421 § 1, 2001; Ord. 1454 § 1, 2003; Ord. 1465 § 1, 2003; Ord. 1496 § 1, 2004; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1637 § 1, 2009)
Fees for both an administrative variance and a full variance shall be submitted as identified in WMC § 3.90.010.
(Ord. 1245 § 1, 1997; Ord. 1421 § 1, 2001; Ord. 1454 § 1, 2003; Ord. 1465 § 1, 2003; Ord. 1496 § 1, 2004)