17.34.010 Generally
17.34.020 Filing of Applications
17.34.040 Setting for Hearing
17.34.050 Notice of Hearing
17.34.070 Standards and Criteria
17.34.075 Relation of Variances to Other Discretionary Approvals
17.34.080 Action of Board of Adjustment
17.34.090 Notice of Action
17.34.100 Appeal of Decision
17.34.110 Records
17.34.115 Zoning Adjuster Established
17.34.120 Variance from Yard Requirements
17.34.010 Generally
- The Board of Adjustment shall hear and decide all applications for Variances from the terms of the zoning code.17.34.020 Filing of Applications
- Applications for variance permits together with the specified fee from the current fee schedule shall be filed with the Administrator for the Board of Adjustment on forms available from the Planning Department. The Administrator shall circulate copies of the application to the Board of Adjustment members and appropriate referral agencies. County departments shall respond to the referral within thirty (30) days. Should any agency outside the County fail to respond to the referral within the 30 day period it shall be assumed that such agency has no comment.17.34.040 Setting for Hearing
- The Administrator shall schedule a public hearing with the Board of Adjustment to be held within sixty (60) days of the receipt of a complete application.17.34.050 Notice of Hearing
- When a fully completed variance application has been accepted by the Administrator, the Administrator or designee shall establish the date and time for a public hearing on the permit before the Board of Adjustment, which shall not be more than sixty (60) days from the date of a complete or vested application except when additional time is required for compliance with the State Environmental Policy Act (Chapter 43.12C RCW).Notice of the public hearing, stating the time, place and purpose for which the hearing is to be held, shall be published not less than ten (10) days prior to the hearing, in the official gazette and in a newspaper of general circulation in the area where the real property which is proposed to be developed.
Notice of the hearing shall be mailed by the Okanogan County Office of Planning & Development, at least fourteen (14) days prior to the date of the hearing, to the owners of all properties within three hundred (300) feet of the exterior boundaries of the proposed variance, as such owners appear on the records of the County Assessor. If the owners of the real property which is proposed to be developed owns another parcel or parcels of real property which lie adjacent to the real property proposed to be developed, notice shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property proposed to be developed in accordance with Section 58.17.090 RCW.
The applicant is responsible for posting conspicuous notice of the hearing readily visible from nearby roads at least three (3) locations on and in the vicinity of the proposed variance and at the nearest Post Office at least ten (10) days prior to the public hearing. The applicant shall submit an affidavit of the posting to Okanogan County Office of Planning & Development prior to the public hearing. Affidavit forms are available from the Okanogan County Office of Planning & Development and the completed affidavit shall become part of the record.
In accordance with Section 58.17.080 RCW, as it now exists or is hereafter amended, notice of the filing of a variance of a building adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.
The Office may require such alternative notification procedures as necessary to accomplish reasonable public notification in unusual circumstances.
Notice shall also be given to interested state agencies such as Washington State Department of Fisheries, Wildlife and Ecology. All hearing notices shall include a description of the property to be developed, including the location of the proposed variance. The description may be in the form of either a vicinity location sketch, a written description, an address or other reasonable means, other than a legal description, but shall include reference to the Section, Township, and Range.
17.34.070 Standards and Criteria
Before any variance is granted by the Board of Adjustment, it shall be shown that all the following criteria apply.
A. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations of other properties in the vicinity and zone in which the subject property is situated; and
B. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning code is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications; and
C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in which the subject property or improvements are situated; and
D. That economic benefit shall not be considered grounds for a variance.
17.34.075 Relation of Variance to Other Discretionary Approval -
In the event that the Board of Adjustment approves a variance with conditions that are in conflict or inconsistent with the conditions of approval of other discretionary actions by the Planning Commission and/or the Board of County Commissioners, (i.e. including, but not limited to, plats, planned developments, binding site plans), those discretionary approvals shall be remanded and reviewed to determine whether to modify or revoke said discretionary approval.17.34.080 Action of Board of Adjustment
- Within thirty-five (35) days following the termination of the public hearing on a variance permit, the Board of Adjustment shall sign its written order. In making the order, it shall include a written non-verbatim record of the case, Findings of Fact and Conclusions upon which the decision is based, and the wording of the actual decision. A specific listing of any conditions to be imposed upon the approval shall be included in their decision.17.34.090 Notice of Action
- Within five (5) days of the decision, the order of the Board of Adjustment shall be mailed to the applicant and all persons who are specifically identified as parties of record or who have indicated an interest in being notified of the decision.17.34.100 Appeal of Decision
- An order of the Board of Adjustment granting or denying a variance shall be final and conclusive unless within ten (10) days from the date of notice of the written decision, the appellant or an adverse party makes application to the Superior Court for a writ of certiorari, a writ of prohibition or a writ of mandamus.17.34.110 Records
- The variance application evidence of notice, the electronic verbatim record of proceedings and other material accepted as evidence and the written decision along with Findings of Fact and Conclusions shall become a part of the official records of the Board of Adjustment and shall be retained in the Office of Planning & Development.17.34.115 Zoning Adjuster Established
- The Board of County Commissioners hereby creates the Okanogan County Zoning Adjuster, pursuant to authority established in RCW 36.70.200, to hear and decide the Yard Variances as established in Okanogan County Code 17.34.120.17.34.120 Variance from Yard Requirements
A. The Administrator/Zoning Adjuster may grant a deviation from the required front, side, or rear yard setback requirements of this Code upon a finding that the criteria of 17.34.070 apply. Requested Deviations which exceed 25% of the setbacks otherwise required by this Code shall be submitted to the Board of Adjustment.
B. Within thirty-five (35) days of receipt of a request for a yard variance pursuant to this subsection. The Administrator/Zoning Adjuster shall issue a written decision, including findings of fact and conclusions upon which the decision is based. A specific listing of any conditions to be imposed upon the approval shall be included in the decision.
C. Within five (5) days of the decision, the Administrator/Zoning Adjuster’s order, including findings of fact and conclusions and any conditions imposed, shall be mailed to the applicant and all persons who are specifically identified as parties of record or who have indicated an interest in being notified of the decision.