The purpose of a variance is to provide a means of altering the requirements of this title in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved.
The purpose of a conditional use permit is that certain uses, because of size, location with respect to surroundings, equipment, unique characteristics or effects or demands on public facilities, require a special degree of control in order to ensure compatibility with properties within the vicinity.
(Ord. 1317 § 3, 1998)
The application procedure for a variance request or conditional use permit is described in Chapter 14.03 FMC, Type I Through Type IV Project Permit Applications.
(Ord. 1317 § 3, 1998)
A. 
Variance Authority. The hearing examiner shall have the authority to grant a variance from the terms of this title. The hearing examiner may impose conditions or restrictions on an existing or proposed use or structure in order to ensure that a requested variance will conform to the required findings below.
B. 
Required Findings. The hearing examiner shall not grant a variance from the development standards of this title unless the hearing examiner finds that the variance request meets all of the following criteria and the hearing examiner makes written findings to that effect:
1. 
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
2. 
That such variance is necessary, because of special circumstances relating to size, shape, topography, location or surroundings of the subject property, to provide it with the use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
3. 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
4. 
That the variance, if granted, is consistent with the zoning district intent and comprehensive land use designation of the subject property; and
5. 
That such practical difficulties or unnecessary hardships have not been created by the owner or by a predecessor in title. (This finding does not apply if the zoning classification for the property has changed and such difficulties or hardships were created solely as a result of such reclassification.)
C. 
Granting of a Use Variance Is Not Authorized. The hearing examiner shall not grant a variance which establishes a use otherwise prohibited within a zoning district.
(Ord. 1317 § 3, 1998; Ord. 1593-06 § 72, 2006)
A. 
Conditional Use Permit Authority. The hearing examiner shall have the authority to issue a conditional use permit. When considering a request for a conditional use permit, the hearing examiner shall consider the applicable standards, criteria, intent and policies established by this title and the comprehensive land use plan as they pertain to the proposed use.
The hearing examiner may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the hearing examiner to make the required findings below. The hearing examiner may impose conditions which include, but are not limited to, restrictions in hours of operations; locational restrictions for structures and uses; structural requirements, including safety, noise reduction, view protection, aesthetics; and increased buffering requirements, including open space, berms, fencing and landscaping.
B. 
Required Findings. The hearing examiner shall not grant a conditional use permit unless the hearing examiner finds that the conditional use permit request meets all of the following criteria and the hearing examiner makes written findings to that effect:
1. 
The proposed use shall meet or exceed the development and performance standards that are required in the district in which it is located; and
2. 
The proposed use is properly located in relation to the other land uses and to transportation and service facilities in the vicinity; and
3. 
The proposed use is compatible with property or improvements in the vicinity; and
4. 
The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity, and will not adversely affect the established character of the surrounding neighborhood; and
5. 
The proposed use is consistent with the goals and policies of the comprehensive plan.
(Ord. 1317 § 3, 1998; Ord. 1593-06 § 73, 2006)
A variance or conditional use permit shall automatically expire when such variance or permit is not substantially acted upon within the time specified by the hearing examiner or, if no date is specified, within one year from date of issuance. The hearing examiner may grant one renewal for a conditional use permit or variance if the party seeking renewal can demonstrate extraordinary circumstances or conditions which were not known or foreseeable at the time of original application. A renewed variance or conditional use permit shall be substantially acted upon within six months or the variance or permit shall automatically expire.
(Ord. 1317 § 3, 1998; Ord. 1593-06 § 74, 2006)
The hearing examiner may modify or revoke a variance or conditional use permit. Such revocation or modification may be initiated by a request from the applicant, property owner, aggrieved party or a motion by either the hearing examiner or city council.
A. 
Public Hearing and Notification. Prior to acting upon a motion, recommendation or request for modification or revocation, a public hearing is required before the hearing examiner. The procedures concerning public notice, reporting and appeals shall be the same as for an initial variance or conditional use permit request.
B. 
Modification or Revocation Request from Applicant or Property Owner. A modification of a variance or conditional use permit which is initiated by the applicant or property owner shall comply with the applicable required findings in this chapter.
C. 
Modification or Revocation Initiation from Hearing Examiner, City Council or Aggrieved Party. A modification or revocation of a variance or conditional use permit which is initiated by the hearing examiner, city council or an aggrieved party shall be made on any one or more of the following grounds:
1. 
That the approval was obtained by deception, fraud or other intentional or misleading representations;
2. 
That the use for which such approval was granted has been abandoned;
3. 
That the use for which such approval was granted has ceased to exist or has been suspended for six months or more;
4. 
That the variance or permit granted is being, or has recently been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, resolution, code, law or regulation; or
5. 
That the use for which the approval was granted was exercised in a manner as to be detrimental to the public health, safety, morals or general welfare.
(Ord. 1317 § 3, 1998; Ord. 1593-06 §§ 75, 76, 2006)
Where, prior to the effective date of the ordinance codified in this title and title amendments, a conditional use permit or variance was granted for a particular use or structure, and such use or structure is not otherwise permitted in the zone in which it is located, such previous permit or variance is, by this section, declared to be continued for the time specified in the original approval, or until such time as the city council may determine subsequent to this title.
(Ord. 1317 § 3, 1998)
The action of the hearing examiner shall be final and conclusive, unless:
A. 
Within 21 days of the issuance of the decision, the applicant or another aggrieved person files and serves a land use petition pursuant to Chapter 36.70C RCW; or
B. 
Within 10 days from the date of the action, the original applicant or an adverse party makes application to the Pierce County superior court for a writ of prohibition or writ of mandamus.
(Ord. 1317 § 3, 1998; Ord. 1593-06 § 77, 2006)