15.42.090 Variances and appeals.
A. Authority. The public works director may grant a variance from the requirements of this chapter. In granting any variance, the director may prescribe conditions that are deemed necessary or desirable for the public interest.
B. Variance Criteria. No variance shall be granted unless the applicant demonstrates to the satisfaction of the director that:
1. The variance is not inconsistent with the public interest and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering judgment, are fully met;
2. That there are special physical circumstances or conditions affecting the property that the strict application of provisions of this chapter would deprive the applicant of the reasonable use of the property;
3. That the granting of the variance will not be unduly detrimental to the public health, safety and welfare, or injurious to other properties in the vicinity and downstream, and to the quality of the waters of the state; and
4. The variance is the least possible exception that could reasonably be granted to comply with the intent of this chapter.
C. Prior Approval. Any variance shall be approved prior to permit approval and construction.
D. Duration of Variance. Variances granted shall be valid for two years, unless granted for a shorter period.
E. Right of Appeal. Except as otherwise provided in this chapter, all actions of the director in the administration and enforcement of this chapter shall be final and conclusive, unless within 30 days of the date of the director’s action, the original applicant or an aggrieved party files a notice of appeal with the hearing examiner for review of the action. The decision of the hearing examiner shall be final and conclusive unless, within 10 days after the decision of the hearing examiner, an aggrieved party appeals the same to Whatcom County superior court. [Ord. 2002-10-069 § 33].