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Web page revised 1.1.26
What is the purpose of a variance?
The purpose of a variance is to provide relief to property owners where application of the Clark County Code may cause a hardship, due to unusual circumstances of the land.
What are the different types of reviews for variances?
There are three different review processes based upon the extent of the variance being requested.
The Planning Director may grant a variance for a Type I review [up to and including 10 percent of the numerical standard, except as provided in Section 40.550.020 (A)(5)], Type II review (more than 10 percent up to 25 percent of the numerical standard) for the following numerical standard(s), except as provided in Section 40.550.020 (A)(5) or up to 10 percent on more than one lot including, but not limited to:
- Setback
- Buffers
- Building height
- Landscaping
- Lot coverage
- Lot dimensions
- Parking standards
But not including lot area, density or qualifying standards for program such as density transfer.
Variance requests for a Type III review (more than 25 percent of the numerical standard) require a public hearing and are decided by the Hearing Examiner.
Variances from the county's Transportation Standards are reviewed under the Road Modification review process.
What are the approval criteria for granting a variance?
The review authority may approve a variance when all of the following conditions and facts exist.
For Type I and II Reviews:
- Granting the variance(s) will not:
- Substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area; or,
- The variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources;
- If variances to more than one regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated;
- Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and,
- The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians or alternative access is provided.
For Type III Reviews:
- Unusual circumstances apply to the property and/or intended use that do not apply to other property in the same vicinity or district;
- The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity or district;
- The variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located; and,
- The variance will not adversely affect the realization of the comprehensive plan. See 40.550.020(B).
What if I need a Type II (administrative) variance, but am submitting a Type III development application?
If an application for an administrative variance is associated with another development application, then the application for the administrative variance shall be combined with the associated application(s) for processing and shall be subject to the same procedure type as the highest number procedure type application(s) with which it is combined.
Is a pre-application conference required?
A pre-application conference is not required for a Type I or II review.
A pre-application conference is required before submitting a Type III application. The requirement for a conference may be waived if the Planning Director determines that the proposal is relatively simple. A waiver requires the applicant to submit a completed Pre-Application Review Waiver Request Form and fee.
What is the application process and when will I receive a decision?
All land use reviews are completed online.
Follow the Land Use Application Submittal Process and these instructions on how to apply online.
Contact planningapps@clark.wa.gov with questions on how to apply.
Type I: See Type I process, Clark County Code 40.510.010.
Type II: See Type II process, Clark County Code 40.510.020.
Type III: A pre-application conference is required before submitting a Type III review variance request. See Type III process, Clark County Code 40.510.030.
Submittal Requirements
The following list identifies information to be included with the application.
- Application form - The application form shall be completed and original signed in ink by the applicant.
- Application fee - The required fee shall accompany the application.
- GIS Developer’s packet - A copy of the GIS Developer’s Packet shall be submitted with the application. Applicants can order a GIS Developer's Packet with a credit card online. For more information, contact GIS at 564.397.4082 or themapstore@clark.wa.gov.
- Site plan - The proposed plan shall be drawn to a minimum engineer’s scale of 1” = 200’. The following information shall be clearly depicted on the site plan:
- Applicant's name
- Owner's Name
- North arrow, scale and date
- Property lines and dimensions
- Location of existing buildings
- Locations and width of easements for access, drainage and utilities, etc.
- Location of proposed buildings, streets and storm drainage systems
- Narrative - A written narrative shall be submitted that justifies or explains how the variance request meets all of the following approval criteria.
- For Type I and II Variances:
- Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources;
- If variances to more than one regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated;
- Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and,
- The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided.
- For Type III Variances:
- Unusual circumstances of conditions apply to the property and/or to the intended use that do not apply generally to other property in the same vicinity or district;
- Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district;
- The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
- That the granting of such variance will not adversely affect the realization of the comprehensive plan. (Sec. 40.550.020(B).
- For Type I and II Variances:
Fee schedule
The following fees are required to be paid on Type II and Type III variances when the application is submitted.
Land use application submittal fee: $1,069
Wetland/habitat application submittal: $233
Issuance: $94
Type I
Type I Review, stand alone
Planning: $1,806
Issuance: $53
Type I Review when considered with another development application
Planning: $884
Issuance: $53
Engineering: $575
Issuance: $53
Stormwater variance request: $1,207
Issuance: $53
Fire Marshal, if applicable $434
Type II
Type II Review, stand alone
Planning: $3,169
Issuance: $53
Type II Review when considered with another development application
Planning: $1,400
Issuance: $53
Engineering: $575
Issuance: $53
Stormwater variance request: $1,207
Fire Marshal, if applicable: $434
Type III
Type III Review, stand alone
Planning: $14,297
Issuance: $53
Engineering: $575
Issuance: $53
Type III Review when considered with another development application
Planning: $5,233
Issuance: $53
Engineering: $575
Issuance: $53
Stormwater variance request: $1,207
Fire Marshal, if applicable: $434