ORD 93-22 VARIANCE FROM SETBACK REQUIREMENTSORDINANCE NO. 93- A A
AN ORDINANCE of the City of Bainbridge Island, Washington,
providing for an administrative variance from setback requirements
for purposes of alterations made to comply with the federal
Americans with Disabilities Act, and adding a new section to
Chapter 15.04 of the Bainbridge Island Municipal Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. A new Section entitled "Administrative Variance" is added to Chapter 15.04
of the Bainbridge Island Municipal Code to read as follows:
A. AnDlication. A property owner may apply for an administrative variance
from building setback requirements set forth in this Code if the variance is
requested solely for the purpose of complying with the federal Americans with
Disabilities Act and any amendments thereto. Administrative variance applicants
shall not be required to comply with the procedures for obtaining a variance set
forth in Chapter 18.111 of the Code.
B. Procedures. The application shall be filed with the Department of
Planning and Community Development on a form prescribed by the Department.
The Director of Planning and Community Development shall review the
application and approve, approve with conditions or disapprove the application
pursuant to Section 2.16.010.
C. Decision Criteria. The Director of Planning and Community Development
may approve or approve with conditions an application for an administrative
variance if:
1. The administrative variance is requested for the purpose of
obtaining relief from building setback requirements set
forth in this Code;
2. The need for the administrative variance has not arisen
from actions taken or proposed by the applicant;
3. The administrative variance is the minimum necessary to
fulfil the need of the applicant;
4. The administrative variance is consistent with the purpose
and intent of this Code and in accordance with the City's
comprehensive plan; and
5. The administrative variance is necessary for the property to comply with
the federal Americans With Disabilities Act and any amendments thereto.
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D. Expiration. An administrative variance automatically expires and is void if the
applicant fails to file for a building permit or other necessary development permit within
three years of the effective date of the administrative variance unless:
1. The applicant has received an extension for the
administrative variance; or
2. The administrative variance approval provides for a greater
time period.
F. Extension. The Director of Planning and Community Development may
grant one extension to the administrative variance for a period not to exceed one
year if:
1. Unforeseen circumstances or conditions necessitate the
extension of the administrative variance;
2. Termination of the administrative variance would result in
unreasonable hardship to the applicant, and the applicant is
not responsible for the delay; and
3. The extension request is received by the Department of
Planning and Community Development no later than 30
days prior to the expiration of the administrative variance.
Section 2. Effective date. This Ordinance shall be effective five (5) days from and after
is passage, approval, publication, and posting as required by law.
PASSED by the City Council this 6 thday of May, 1993.
APPROVED by the Mayor this —fitliday of May, 1993.
C /f
SAM. dR,ANATO, Mayor
ATTEST/AUTHENTICATE:
Ralph W. Eells, City Clerk
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APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: May 6, 1993
PASSED BY THE CITY COUNCIL: May 6, 1993
PUBLISHED: May 12, 1993
POSTED: May 12, 1993
EFFECTIVE DATE: May 17, 1993
ORDINANCE NO.: 93-22
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