§ 16.50.030.7. Variances from distance requirements.

A.

Distance requirements. No variance from the distance requirement between two adult uses may be granted and the POD shall not accept any applications.

B.

Not exempt from other provisions. The granting of a variance by the City Council shall not exempt the applicant from any other provisions of this section other than the distance requirement.

C.

Procedures. For variance procedures, see the applications and procedures section.

D.

Standards for review. The criteria set forth herein shall be the only criteria applied by the City Council in considering variances from the distance requirement. In reviewing an application, the POD and City Council shall consider the following criteria:

1.

That a sufficient physical barrier separates the use for which a variance is being sought from the non-adult uses so as to substantially fulfill the purpose of the distance requirement in effectively buffering the non-adult use. Such physical barriers may include, but are not limited to, limited access streets or highways, major streets, walls, buildings or other structures, natural or manmade waterways, or the actual distance between the buildings is sufficiently in excess of the distance requirement.

2.

That the strict application of the provisions of this section will work an undue hardship unique to the applicant for a particular location.

3.

That all other applicable provisions of this section and the codes and ordinances of the City will be observed.

4.

The burden of proof shall be on the applicant to show that it has met the requirements to receive a variance.

(Code 1992, § 16.50.030.7)