Kalispell City Zoning Code
CHAPTER 27
35 ADMINISTRATIVE ADJUSTMENTS
§ 27.35.010 Intent.
The intent of this chapter is to provide administrative relief in the form of minor deviations from specific requirements under this Zoning Ordinance. The administrative relief is to be provided upon a showing by an applicant that certain circumstances exist which are beneficial to the community to design around rather than strictly applying the code. Only those sections specifically listed are eligible for relief, and only upon the appropriate showing.
(Ord. 1677, 7-19-2010)
§ 27.35.020 Authority.
The Zoning Administrator is authorized to review and approve, conditionally approve, or deny an application for an administrative adjustment in accordance with this chapter.
(Ord. 1677, 7-19-2010)
§ 27.35.030 Procedure.
(1)
An applicant shall submit a completed application form and fee to the Zoning Administrator.
(2)
After reviewing the application for compliance with this Zoning Ordinance and in particular with the criteria listed in this chapter, the Zoning Administrator shall approve, conditionally approve, or deny the application.
(3)
The Zoning Administrator may grant a lesser modification than the maximum allowed by this chapter.
(Ord. 1677, 7-19-2010)
§ 27.35.040 Standards Subject to Administrative Adjustment.
Standard | Allowable Modification |
|---|---|
Height limits for buildings (contained in development standards for each zoning district) | 10% |
Building setbacks (contained in development standards for each zoning district) | 20% |
Required setback for parking spaces (Section 27.24.030(2)) | 30% |
Minimum required number of parking spaces (Section 27.24.050) | 10% |
(Ord. 1677, 7-19-2010)
§ 27.35.050 Criteria.
Administrative adjustments shall be approved upon a finding that the applicant has met the following criteria:
(1)
General. The request is consistent with the character of development in the surrounding area, and will not result in incompatible uses.
(2)
Mitigates Adverse Impacts. Any adverse impacts resulting from the adjustment will be mitigated to the maximum extent practicable.
(3)
Technical Nature. The request is of a technical nature (i.e., relief from a dimensional or design standard) and is based on three or more of the following:
(a)
Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
(b)
Supporting an objective or goal from the purpose and intent statements of the zone district where located;
(c)
Proposed to provide improved architectural appearance or site design;
(d)
Proposed to save healthy existing trees (recommendation to be provided by the Parks Department based upon age, caliper, condition, and value); or
(e)
Proposed to maintain the historic integrity of a structure which is on, or is eligible to be on, the historic registry.
(4)
Does Not Substantially Interfere with Adjacent Land. The request will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to public health or safety.
(Ord. 1677, 7-19-2010)
§ 27.35.060 Additional Criteria Related to Specific Standards.
Height Limits. An adjustment to building height is allowable when the additional height is necessitated by a specific function of the building or constraint of the site. The height shall not exceed the standards set forth for additional height permitted by conditional use permit.
(Ord. 1677, 7-19-2010)