Chapter 17.420 — VARIANCE PROCEDURE

The purpose of these provisions is to prescribe the procedure for the relaxation of any substantive provision of the zoning regulations, under specified conditions, so that the public welfare is secured and substantial justice done most nearly in accord with the intent and purposes of the Zoning Code.

Application for a variance shall be made in accordance with SMC Section 17.400 and shall be accompanied with evidence showing:

A. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district.

B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

A. The Commission shall determine whether the proposal conforms to the criteria set forth in SMC 17.420.020. After the conclusion of the public hearing, the Planning Commission shall make written findings of facts, showing whether the qualifications under SMC 17.420.020 apply to the land, building or use for which the variance is sought, and whether such variance shall be in harmony with the general purposes of this code.

B. The Planning Commission may designate such condition(s) in connection with the variance it deems necessary to secure the purposes of this code, and may require guarantees and evidence that such conditions are being, or will be, complied with.

Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements.

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Draft Title 17: Zoning Code