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This chapter establishes the city’s criteria to be used in making a decision upon an application for a variance from the provisions of this title, unless alternate variance criteria for a specific type of land use project are specified elsewhere in this title.

A. Limitation. The decision authority shall not grant a variance when any of the following circumstances are applicable to the proposal:

1. The variance would allow a permitted or conditional use in a zoning district in which such use is not specifically listed as a permitted or conditional use;

2. The variance would allow a use or uses expressly, or by implication, prohibited by the terms of this title specific to the zoning district(s) in which the subject site is located;

3. The variance application requests relief from the provisions of Chapter 22.84 MMC, Permit Processing, or any other procedural or administrative provision of this title;

4. The variance application requests relief from a provision of this title in which it states that such provision is not subject to a variance;

5. The variance would relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to a property-specific development standard;

6. The variance would allow the creation of a residential density beyond that which is allowed by this title;

7. The need for the variance is the result of deliberate actions of the applicant, property owner, or their predecessor in interest; or

8. The variance is primarily intended to alleviate a financial hardship. (Ord. 005/2019 § 10 (Exh. B))