City of Lacey, Washington Municipal Code Title 15, Chapter 15.20

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 15: SUBDIVISIONS

Chapter 15.20

LAND DIVISION FEES, VARIANCES, EXCEPTIONS
AND ENFORCEMENT

Sections:

15.20.010 Fees

15.20.020 Variance – Determination

15.20.030 Variance - Land use hearing examiner action

15.20.040 Variance – council action

15.20.050 Restrictions on other permits

15.20.010 Fees. The fees to be paid to the city at the time of submission of land divisions for approval shall be established by resolution of the city council. All fees paid shall be nonrefundable if substantial work has been accomplished in review or processing of the land division. If the time involved in the land division application has not been substantial, having only included normal checking of the application for completeness, and not having yet involved review of the land division or advertisements or notices for hearing, the director may authorize a pro-rated portion of the application fee returned, provided that all of the city's expenses have been fully paid. (Ord. 1235 §1, 12, 2005).

15.20.020 Variance - Determination. The city council, upon recommendation of the land use hearing examiner, may grant conditional variances to the requirements of this title. Application for a variance to this title shall be made by petition by the subdivider, stating fully the necessity of the variance and the specific requirements for which the variance is requested. Before a variance may be granted, it shall first be determined:

A. That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;

B. That the special conditions and circumstances do not result from the actions of the applicant;

C. That granting of the variance requested will not confer a special privilege to subject property that is denied other lands in the same district;

D. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated;

E. A finding shall further be made that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land;

F. A finding shall further be made that the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;

G. The fact that property may be utilized more profitably will not be an element of consideration;

H. Before granting any variance, appropriate conditions and safeguards may be prescribed that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under Chapter 1.12 of the Lacey Municipal Code.

If a variance is in conjunction with a preliminary plat, it shall be so stated in the public notice of hearing. A separate hearing shall be held for all other requests for variances. (Ord. 1235 §1, 12, 2005).

15.20.030 Variance – Land use hearing examiner action. In recommending a variance, the land use hearing examiner shall make a written record of findings and shall specifically describe the variance and any conditions which the examiner may designate. The hearing examiner shall keep the findings on file as a matter of public record. (Ord. 1235 §1, 12, 2005).

15.20.040 Variance – council action. Upon receipt the recommendation of the land use hearing examiner, the council shall act upon the variance in the same manner as authorized in Section 15.10.110 of the Lacey Municipal Code. (Ord. 1235 §1, 12, 2005).

15.20.050 Restrictions on other permits. No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of Chapter 58.17 of the Revised Code of Washington or this title unless the official authorized to issue such permit finds that the public interest shall not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. (Ord. 1235 §1, 12, 2005).

City of Lacey, Washington, USA