Variances

The Clallam County Hearing Examiner may grant a variance when the applicant shows that the proposed variance meets the following criteria: 

1. The variance does not constitute a grant of special privilege inconsistent with the limitations upon other, similarly situated property in the County;
2. Because of special circumstances applicable to the property, including size, shape, drainage, topography, location and surroundings, the strict application of this regulation would deprive the subject property owner of rights and privileges enjoyed by other property owners in the vicinity;
3. Granting of the variance will not be materially detrimental to the public health, safety, welfare, use or interest, or injurious to property or improvements in the vicinity;
4. The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant, and
5. The granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan, or be inconsistent with County land use codes or inconsistent with the spirit or intent of this title.

The full code for subdivision variances can be found in Chapter 29.40 CCC.

Critical Area Variances

Critical Area Variances are an exception from the performance standards prescribed in the Critical Areas Code, Chapter 27.12 CCC. Variances shall not be granted for any of the following proposed development activities:

• Any construction of the habitable portion of a structure that would be below the base flood elevation.
• Any development within a designated floodway if any increase in flood levels during a base flood would result.
• Any reduction of a buffer width for wetlands and aquatic habitat conservation areas to less than fifty (50) feet at any point; except as allowed by buffer averaging.
• Any reduction of a buffer width for landslide hazard areas to less than twenty (20) feet at any point; except for channel meander hazards.
• Any reduction of the buffer width for channel meander hazards to less than fifty (50) feet at any point.

The Clallam County Hearing Examiner may grant a variance when the applicant shows that the proposed variance meets the following criteria:

1. Failure to grant the variance would result in an extraordinary hardship to the applicant.
2. The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant’s own actions.
3. The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists (see Definitions).
4. The granting of the variance will not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvements in the vicinity.
5. The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, CCC Title 31, Zoning Code, CCC Title 33, Clallam County Shoreline Master Program (SMP), CCC Title 35, or other applicable provisions of the Clallam County Code.
6. The granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan, CCC Title 31, or be inconsistent with County land use codes or inconsistent with the spirit and intent of this chapter.
7. A mitigation plan pursuant to this chapter has been submitted and is approved by the review authority for the proposed variance request.

View the code regarding Critical Area Variances at Chapter 27.12.710 - .735 CCC

Buffer Averaging

Buffer averaging consists of “averaging” the buffer of a critical area by reducing it in an area of proposed development while expanding it elsewhere on the property, as seen in the image to the right. Buffer reduction variances fall into three types:

Buffer Averaging. Averaging of buffer widths required for major and minor new developments as specified by the Critical Areas Code may be allowed for wetlands and aquatic habitat conservation areas. Applications for buffer averaging shall be processed by the Administrator, provided that the buffer width is not reduced more than twenty-five (25) percent at any point; except that buffers for minor new development adjacent to Type 4 and Type 5 aquatic habitats may be reduced down to a minimum of twenty-five (25) feet through the buffer averaging process. The intent of buffer averaging is no net loss of the total buffer area.

Administrative Variance. If buffer averaging is not feasible, an administrative variance to the buffer widths for major or minor new development may be allowed for wetland and aquatic habitat conservation areas as set forth by the Critical Area Code; provided, that a buffer reduction of not more than fifteen (15) percent is requested; provided further, that applications shall be processed in accordance with Chapter 26.10 CCC, as it applies or is subsequently amended to incorporate administrative variance procedures. Criteria for approval of an administrative variance are specified in CCC 27.12.725.

Variance. If buffer averaging or an administrative variance is not practicable, a request for a variance to buffer widths or other standards specified by the Critical Area Code shall be processed by the Clallam County Hearing Examiner in accordance with Chapter 26.10 CCC. Criteria for approval of a variance are specified in CCC 27.12.725.