§ 17.96.080. Variances.

A.

Review authority. As delegated in Section 2.18.060, the City's Hearing Examiner shall be hereby authorized and directed to hear and decide on all variance applications, with exception to variances pertaining to parking requirements or standards as described in Section 14.40.130.

B.

Application requirements. A request for one or more variance shall be made by filing an application, and the required fees as outlined in Chapter 3.70 PAMC, with the Department of Community and Economic Development at least 30 calendar days prior to the review authority's consideration of the application. The application shall be accompanied by the materials as described in the variance application checklist as provided by the Department. The Community and Economic Development Staff may require the applicant and/or representative to furnish such additional written information or supplemental materials as may be necessary to enable Staff and the review authority to determine legal findings for the application about whether or not the variance(s) shall be granted.

C.

Criteria and public noticing and hearing requirements.

1.

No variance shall be granted by the Hearing Examiner until after a public hearing is adequately noticed and held, as hereinafter provided, and until after the Department of Community and Economic Development has found that the provisions of all other ordinances, with which compliance is required, have been fulfilled. In acting on an application for a variance, the Hearing Examiner shall have and exercise original jurisdiction in receiving, granting or denying all applications for such variance uses as provided for in this chapter and shall have the power to place in such permits conditions or limitations in its judgment required to secure adequate protection to the zone or locality in which such use is to be permitted. The Hearing Examiner must also find:

a.

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

b.

That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located; and

c.

That the granting of such variance shall 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.

2.

The Department of Community Development shall fix a time, date and place for public hearing on such application, which date shall not be less than 15 days after notice given in the following manner:

a.

By United States mail addressed to the applicant and to the owners of all adjoining or abutting property. (Property separated from the proposed use by a street, highway or other public road or alley shall be construed to be adjoining or abutting for the purpose of giving notice; and notices addressed to the last known address of the person making the latest property tax payment shall be deemed proper notice to the owner of such property.);

b.

By printed notice posted in a conspicuous place at or near the location of the proposed use;

c.

By publishing notice thereof in the official newspaper of the City. Such notice shall contain the name of the applicant or applicants, the legal description of the property involved, the special property use requested, the date, time and place of the public hearing thereon and shall specify that any person interested may appear at such public hearing and be heard either for or against such application.

3.

At such public hearing, the Hearing Examiner shall proceed to hear all persons present who desire to be heard either for or against such application and shall render its decision upon such application at the conclusion of such hearing or as soon thereafter as reasonably possible. Any building permit thereafter issued for such property shall be in accordance with and subject to all terms and conditions contained in the decision of the Hearing Examiner.

4.

The Hearing Examiner shall maintain in the office of the Department of Community and Economic Development full and complete written records of all proceedings, factual findings and conclusions reached on any and all such applications.

D.

Authorization and limitations on approval. Whenever the Hearing Examiner shall authorize the issuance of a permit for a variance, a building permit and/or occupancy permit must be obtained by the applicant within one year from the date of the Hearing Examiner's decision. Following one year, the Hearing Examiner's decision shall cease to be effective. When a variance is denied, a new application for the same variance may not be submitted for a period of one year following the denial, unless there has been a revised proposal, significant change in circumstances, or new information becomes available to support a variance.

E.

Revocation. In addition to all other penalties prescribed in this chapter whenever, in the opinion of the Director of Community and Economic Development, any person granted a permit for a variance fails to comply with all of the terms, conditions or limitations of such permit and of the decision of the Hearing Examiner authorizing the granting of such permit, he shall issue an order, in writing, requiring that all further work on the premises or use thereof be stopped until the violation has been corrected. If the violation is not corrected or if the work on the premises or use thereof is not stopped or suspended until such violation is corrected, the Director shall give written notice to the owner or occupant of the premises deemed in violation that the Department will apply to the Hearing Examiner for an order revoking the permit for the variance. Such written notice shall specify the time, the date and place when the Department will appear before the Hearing Examiner to request such revocation and shall advise the owner or occupant of the premises deemed to be in violation that such owner or occupant is at liberty to appear and be heard with respect to the request of the Department for such revocation. Such notice shall be mailed to the owner or occupant of the premises deemed in violation, by certified mail with a return receipt requested, at least five days prior to the date specified in such notice as being the date of the hearing. At the hearing, the Hearing Examiner shall have the power to sustain or overrule the order of the Department and to revoke the permit granted for such variance. The affirmative vote of the Hearing Examiner shall be necessary before the order of the Department is declared to be overruled. The Hearing Examiner shall keep in the office of the Department full and complete written records of all proceedings, factual findings and conclusions of the Hearing Examiner in all such hearings.

F.

Appeals from Hearing Examiner decision. As outlined in Section 2.18.060 of the PAMC, the decision of the Hearing Examiner is the final decision of the City. In those cases the decision of the Hearing Examiner may be appealed to Superior Court. The appeal to Superior Court must be filed within 15 days of the date the Hearing Examiner's decision is issued.

(Ord. 3577 § 1, 3/21/2017; Ord. 3272, 2/16/2007; Ord. 2861 § 1 (part), 3/17/1995; Ord. 2742 § 1, 1/29/1993; Ord. 2668 § 12 (part), 1/17/1992; Ord. 1798 § 1, 8/15/1973; Ord. 1709 § 1 (part), 12/22/1970)