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HomeMy WebLinkAboutClallam County VarianceExcerpt from Clallam County Critical Area Code 27.12.710 Variances to the performance standards – Applicability. (1) A request for a variance, or exception from the performance standards prescribed by this chapter may be authorized by the Hearing Examiner and/or Administrator as specified in CCC 27.12.720; provided, that a mitigation plan consistent with Part Eight of this chapter is also provided. Should relief of the standards allowed under this section still not provide reasonable use of a property, a reasonable use exception may be pursued under CCC 27.12.740. (2) Variances shall not be granted for the following proposed development activities: (a) Any construction of the habitable portion of a structure that would be below the base flood elevation. (b) Any development within a designated floodway if any increase in flood levels during a base flood would result. (c) Any reduction of a buffer width for wetlands and aquatic habitat conservation areas to less than fifty (50) feet at any point; except as allowed by buffer averaging. (d) Any reduction of a buffer width for landslide hazard areas to less than twenty (20) feet at any point; except for channel meander hazards. (e) Any reduction of the buffer width for channel meander hazards to less than fifty (50) feet at any point. 27.12.715 Types of variance applications – Buffer reduction. Applications for a variance to the performance standards specified by this chapter that are consistent with CCC 27.12.715, may be pursued by the following three types of variance procedures that are listed in the following order of preference; provided, that any approval is consistent with this subsection and chapter: (1) Buffer Averaging. Averaging of buffer widths required for major and minor new developments as specified by this chapter may be allowed for wetlands and aquatic habitat conservation areas. Applications for buffer averaging shall be processed by the Administrator in accordance with Chapter 26.10 CCC, Consolidated Development Permit Process Code; provided, that the buffer width is not reduced more than twenty-five (25) percent at any point; except that buffers for minor new development adjacent to Type 4 and Type 5 aquatic habitats may be reduced down to a minimum of twenty-five (25) feet through the buffer averaging process. The intent of buffer averaging is no net loss of the total buffer area. Specific requirements for buffer averaging requests are specified in CCC 27.12.730 and 27.12.735. Excerpt from Clallam County Critical Area Code (2) Administrative Variance. If buffer averaging is not feasible, an administrative variance to the buffer widths for major or minor new development may be allowed for wetland and aquatic habitat conservation areas as set forth by this chapter; provided, that a buffer reduction of not more than fifteen (15) percent is requested; provided further, that applications shall be processed in accordance with Chapter 26.10 CCC, as it applies or is subsequently amended to incorporate administrative variance procedures. Criteria for approval of an administrative variance are specified in CCC 27.12.725. (3) Variance. If buffer averaging or an administrative variance is not practicable, a request for a variance to buffer widths or other standards specified by this chapter shall be processed by the Clallam County Hearing Examiner in accordance with Chapter 26.10 CCC. Criteria for approval of a variance are specified in CCC 27.12.725. 27.12.720 Variance application and processing requirements. (1) Requests for a variance or buffer averaging shall be made on forms provided by the Administrator and shall contain the information found in CCC 27.12.700 and Chapter 26.10 CCC, Consolidated Development Permit Process Code. All applications shall also include a mitigation plan consistent with the provisions of Part Eight of this chapter. The application shall be processed pursuant to Chapter 26.10 C.C.C., Consolidated Development Permit Process Code, (2) Reconsideration or Appeal of Decision. The decision on a variance or buffer averaging may be reconsidered or appealed pursuant to Chapter 26.10 CCC, Consolidated Development Permit Process Code. 27.12.725Criteria of approval for a variance. Before any variance is granted, it shall be shown by the applicant that the following criteria have been met: (1) Failure to grant the variance would result in an extraordinary hardship to the applicant. (2) The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant’s own actions. (3) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists (see Definitions). Excerpt from Clallam County Critical Area Code (4) The granting of the variance will not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvements in the vicinity. (5) The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, CCC Title 31, Zoning Code, CCC Title 33, Clallam County Shoreline Master Program (SMP), CCC Title 35, or other applicable provisions of the Clallam County Code. (6) The granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan, CCC Title 31, or be inconsistent with County land use codes or inconsistent with the spirit and intent of this chapter. (7) A mitigation plan pursuant to this chapter has been submitted and is approved by the review authority for the proposed variance request. 27.12.730 Requirements for buffer averaging. 27.12.735 Effectiveness and expiration of a variance approval. 27.12.740 Reasonable use exception. Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a variance as provided for in this chapter. Any reasonable use authorized under this section shall also be an allowed or conditional land use as specified by CCC Title 33, Clallam County Zoning Code. If the application of this chapter would deny reasonable use of the property, or would otherwise constitute a taking under either the State or federal constitution, the applicant may apply for a reasonable use exception pursuant to this subsection: (1) An application for a critical area reasonable use exception shall be filed with the Administrator and shall be considered by the Hearing Examiner as a Type III permit pursuant to Chapter 26.10 CCC. The applicant may apply for a reasonable use exception without first applying for a variance if the requested exception would provide relief from standards for which a variance cannot be granted under this chapter. The property owner and/or applicant for a reasonable use exception have the burden of proving that the property is deprived of all reasonable uses. Clallam County shall provide access to available data or other information that pertains to the subject property which may be used by the applicant. Excerpt from Clallam County Critical Area Code (2) Approval of a reasonable use exception requires consistency with all of the following criteria listed in subsections (2)(a) through (2)(e) of this section. Demonstration of consistency is burdened upon the applicant: (a) Application of this chapter would deny all reasonable use of the property; and (b) There is no other reasonable use with less impact on the critical area; and (c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and (d) The proposed development is consistent with the general purposes of this chapter and the public interest, and does not conflict with applicable State and federal laws; and (e) The proposed alterations to regulated critical areas are the minimum necessary to allow for reasonable use of the property. (3) Any authorized alteration of a critical area under this section may be subject to conditions established by Clallam County and may require mitigation under an approved mitigation plan pursuant to Part Eight of this chapter.