18.40.010 Appeals – Zoning variances.
A. Zoning variances are intended to provide administrative relief from a zoning provision that causes practical difficulty or unnecessary hardship for a property owner, due to unique circumstances of the property. In other words, a zoning variance is official permission to “violate” a specific ordinance requirement when certain findings have been made. Only the zoning board of appeals can grant variances. The “Zoning Enabling Acts” required that a zoning board of appeals be established to consider requests for variances. (The zoning board of appeals consists of three appointed members of the planning and zoning council.)
B. There are four types of variances: area/dimension (nonuse) variances; use variances; administrative reviews; and interpretation variances.
1. Area/Dimension (Nonuse) Variances. This is the most common variance request. A nonuse variance addresses issues such as the height of a building, setback of a building, and area of a sign.
2. Use Variance. A use variance permits a use of land that is not otherwise permitted in that zoning district. This, effectively, rezones the parcel without legislative (city council) action. Use variances are considered inappropriate except when the property cannot be reasonably used as it is presently zoned and other attempts to obtain local approval (e.g., through rezoning) have been denied.
3. Administrative Review. The zoning board of appeals can hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision or refusal made by an official, board or commission in carrying out or enforcing any provisions of the zoning ordinance. Such appeals must be filed within 30 days of the date of the order, decision, refusal or requirement being appealed.
4. Interpretation. The zoning board of appeals has the authority to hear and decide requests for interpretation of the zoning ordinance text, including the zoning map. [Ord. 2009-3, 2009.]