18A.75.040 Variances.
A. Purpose. The purpose of this Section is to provide a means of deviating from the requirements of Title 18A PCC in specific instances where strict application of these requirements would prevent property from being utilized in a similar manner as other properties in the same zone classification because of special features or constraints unique to the property involved.
B. Applicability.
1. A variance may be used to deviate from a dimensional requirement of Title 18A PCC.
2. No variance shall be granted to permit the establishment of a use or density otherwise prohibited in the zone in which the property concerned is located, or to waive applicable design standards described in Title 18J PCC.
3. Where a variance has been granted, further reduction or deviations, such as those allowed in PCC 18A.15.040 C., Situational Setback and Height Provisions, shall not be approved or allowed.
C. Review Criteria. Before any variance may be granted, it shall be shown that:
1. There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;
3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the subject property is located;
4. The granting of such variance is consistent with the Comprehensive Plan including any applicable Community Plan; and
5. No significant adverse environmental impact will be caused as a result of the variance approval.
D. Review Process.
1. An application for a variance will be considered an administrative variance if such request is to deviate not more than 20 percent from the minimum or maximum dimension allowed by Title 18A PCC including, but not limited to, the dimensions set forth in Tables 18A.15-040-1 and -2, and PCC 18A.15.040 C., Situational Setback and Height Provisions.
2. An application for administrative variance shall be reviewed and granted or denied by the Director or designee.
3. An application for variance to deviate more than 20 percent from the minimum or maximum dimension allowed by Title 18A PCC including, but not limited to, the dimensions set forth in Tables 18A.15.040-1 and -2, and PCC 18A.15.040 C., Situational Setback and Height Provisions, shall be reviewed and granted or denied by the Hearing Examiner.
E. Approval Subject to Conditions. Approval may include specific conditions which will serve to accomplish the standards and criteria established by this Title and policies established by the Comprehensive Plan and any applicable Community Plan.