10.30.030 Variances.
(a) The hearing examiner may authorize such variance from the terms of this title as will not be contrary to the public interest and the comprehensive plan where literal enforcement of the provisions of this title would result in undue hardship. A variance shall not be granted unless the hearing examiner makes findings that the applicant has expressly demonstrated all of the following:
(1) That special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, do exist;
(2) That because of such special circumstances, strict application of this title would deprive the subject property of rights and privileges enjoyed by other properties in the vicinity under identical zoning district classification;
(3) 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 zoning district classification in which the property is situated;
(4) That the special circumstances do not result from the actions of the applicant;
(5) That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure;
(6) That the granting of a variance will be in harmony with the general purpose and intent of this title, the specific zoning district and the comprehensive plan; and
(7) That the administrative adjustment or administrative modification provisions of this chapter were either not applicable or were insufficient to provide the relief sought from the standards of this title.
(b) The hearing examiner may approve or deny variance applications and may impose conditions of approval.
(c) Violations of conditions and safeguards, when made a part of the terms under which the variance is granted, shall be considered a violation of this title and is subject to remedies set forth in Chapter 10.44 and Title 21.
(d) Under no circumstances may the planning commission grant a variance to allow a use not permissible under the terms of this title in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by the terms of this title.
(e) Under no circumstances may the planning commission grant a variance to allow a density exceeding the land use designation contained in the Selah Urban Growth Area Comprehensive Plan, Future Land Use Map. (Ord. 2172, § 11, 2022; Ord. 1634, § 118, 2004.)