17.74.130 Use Conveyed with Property – Termination Condition and Procedures.
A. Subject to the provisions of this section, a variance shall become an integral part of the property and shall be conveyed to the benefit of the owner or other person(s) entitled to possession regardless of transfer of title or interest unless otherwise specified by the planning commission at the time of approval;
B. Each variance issued after the effective date of the ordinance codified in this title shall be terminated if:
1. Any construction or remodeling relative to the variance as approved has not been started within one year of the date specified on a development schedule approved with the variance, or in case no such development schedule was approved, within one year of the effective date of approval;
2. There is a failure to meet any condition as may be specifically required by the planning commission at the time of approval of the variance;
C. The planning director shall determine if a variance is in compliance with this section and any condition imposed by the planning commission. At such time as a variance becomes subject to termination as provided by this section, the planning director shall notify in writing the legal owner of record or the occupant the grounds on which the variance will be terminated. Notice of termination will be delivered by registered mail. A receipt of delivery will be returned to the planning director;
D. An action or ruling of the planning director pursuant to this section may be appealed to the planning commission within 30 days after the recorded date of delivery of the notice of termination. In the event the notice is not deliverable or acceptance is refused or unclaimed, the 30 days in which an appeal may be filed shall be computed from the date of mailing. Notice of appeal shall be in writing and filed with the planning department. The decision of the planning director is final if the appeal is not taken within the 30-day period. If the appeal is filed, the planning commission shall receive a report and recommendation thereon from the planning director and shall hold a public hearing on the appeal pursuant to MMC 17.72.130. The variance shall be invalid during the appeal process, and no work shall be undertaken during the appeal process;
E. Upon termination of a variance, the property shall thereafter be used in accordance with the zoning ordinance and other applicable plans, ordinances, resolutions, rules, and regulations unless a variance or other action is subsequently approved.