City of Bellingham Municipal Code

16.55.120 - VARIANCES

A. Variances from the standards of this Chapter may be authorized by the City in accordance with the procedures set forth in BMC 21.10. The Hearing Examiner shall review the request and make a written finding that the request meets or fails to meet the variance criteria.

B. Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:

1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;

2. The special conditions and circumstances do not result from the actions of the applicant;

3. A literal interpretation of the provisions of this Chapter would deprive the applicant of all reasonable economic uses permitted to other properties in the vicinity and zone of the subject property under the terms of this Chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;

4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings under similar circumstances;

5. The granting of the variance is consistent with the general purpose and intent of this Chapter, and will not have a significant adverse impact on functions and values of the associated Critical Area or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;

6. The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat; and

7. The granting of the variance is consistent with the general purpose and intent of the comprehensive plan and adopted development regulations.