How to apply for a zoning variance or appeal

A. Application Required. All applications for variances from the strict administration of a provision of the zoning ordinances of the county and all applications of appeals by persons aggrieved by a decision or order of any department charged with the enforcement of the zoning ordinances of the county which allege that the decision or order which is the subject of the appeal was erroneously rendered shall be filed with the director of public works in a written form prescribed by the director. B. Required Information. All applications for variances or appeals shall include, but not be limited to, the following: 1. The information required by section 19.510.010 (D)(1) through (6); except, that the information required by subsection 19.510.010 (D)(6), pertaining to the list of owners and lessees adjacent to and across the street from the subject parcel, need not be provided for appeals; and 2. For an appeal, a written analysis by the aggrieved person which shows: a. That the subject decision or order was based on an erroneous finding of a material fact or erroneously applied to the law, b. That the subject decision or order was arbitrary or capricious in its application, or c. That the decision or order was a manifest abuse of discretion, and d. Any other pertinent information which supports or clarifies the appeal. 3. For an application for a variance, the applicant shall be either the owner of the subject parcel of land or the lessee, who holds a recorded lease with an unexpired term of not less than five years from the date of the filing of the application with the director of public works. The application shall include the following: a. The nature of the variance requested, b. The applicable ordinances, rules, or regulations which pertain to the application, c. The conditions, circumstances, and provisions which support the granting of the application which include, but which are not limited to, a written analysis which indicates: i. A description of the exceptional, unique, or unusual physical or geographical condition which exists on the subject property and which is not generally prevalent in the neighborhood or surrounding area, ii. A description of whether the use sought to be authorized by the variance would alter the essential character of the neighborhood surrounding the subject parcel, iii. A description of the restrictions which prevent the reasonable use of the subject property if the applicant were to strictly comply with the applicable provisions of this title, and iv. A description of all previous actions of the applicant which created the hardship which the applicant is claiming, d. All previously approved building permits and violation notices for the subject parcel, e. Dated photographs of the site or structure which relate to the variance request, f. A notice of application which is in a form prescribed by the director of public works and an affidavit certifying that this notice was mailed to all owners and lessees adjacent to and across the street from the subject property. The notice of application shall include the following information: i. The name, address and telephone number of the applicant, ii. A brief description of the existing uses and uses for which the application was filed, and iii. A location map and a description of the location of the use which the applicant has applied for and the tax map key number and street address, if available, for the subject property, and g. Drawings stamped, prepared by, or under the supervision of a licensed engineer, surveyor, or architect, if applicable, h. A site plan drawn to scale which shows, if applicable: i. The property lines and easements, with dimensions and area calculations, of the subject property, ii. Location, size, spacing, setbacks, and dimensions of all existing and proposed buildings, structures and improvements, iii. The building elevations, sections, and floor plan and site sections which clearly define the character of the development, iv. The existing and proposed landscaping plans which show open spaces, plantings, and trees, v. The existing streets which access the property and all proposed roads and parking areas, with dimensions, and vi. The shoreline, shoreline setback lines, stream and other setback lines, i. A description of the existing and proposed floor area, parking and loading calculations and areas of the subject property, if appropriate, j. All topographic information which shows existing features and conditions and any proposed grading, if applicable, and k. All other information requested by the director of public works to assess the impact of the proposed request, and 4. A processing fee in the amount set forth in the annual budget of the county; except that no processing fee shall be required for applications filed by county agencies; and except that the processing fee paid for filing an appeal (not a variance application) shall be refunded to the appellant if and only if the board of variances and appeals renders a final decision and order in favor of the appellant. (Ord. 2563 § 2, 1997; Ord. 2032 § 5 (part), 1991)