Adjustments and variances are procedures to vary development standards normally applied to a particular district.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Adjustments are a Type II procedure that provide a means to vary the quantifiable development standards applied in a particular district or design standard. This option exists for those circumstances where uniform, unvarying rules would prevent a more efficient use of a lot. An example is permitting a structure to be located closer to a lot line than allowed by the zoning district regulations.

Adjustments apply only to individual lots and therefore cannot be used by applicants seeking to vary development standards for lots to be created through a land division process. Modifications to land division standards shall be sought through the Type II or Type III Variance process.

An adjustment is intended to:

A.

Allow more efficient use of land.

B.

Provide flexibility and innovation in site planning and architectural design on individual lots.

C.

Permit building location and/or construction techniques that conserve energy.

D.

Minimize procedural delays and ensure due process in the review of unique development situations.

E.

Provide relief from the strict adherence of land division development standards where site-specific physical or functional land development conditions warrant a variance.

Except in the case of a nonconforming development or use, the Director may grant or deny an adjustment if the request involves only the expansion or reduction by not more than 20 percent of one or more quantifiable provisions of this Code.

(Ord. No. 2021-16, § 11(Exh. J), 8-16-2021; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Editor's note— Ord. No. 2024-01, § 1(Exh. A), adopted February 20, 2024, repealed § 17.66.20, which pertained to type I adjustments.

Editor's note— Ord. No. 2024-01, § 1(Exh. A), adopted February 20, 2024, repealed § 17.66.30, which pertained to type II adjustments.

A.

The proposed development will not be contrary to the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City;

B.

The proposed development will not substantially reduce the amount of privacy enjoyed by users of nearby structures when compared to the same development located as specified by this Code;

C.

The proposed development will not adversely affect existing physical systems and natural systems, such as the existing or planned transportation network, stormwater facilities, slopes greater than 25 percent, wetlands, creeks, or parks; and

D.

Architectural features of the proposed development will be compatible to the design character of existing structures on adjoining properties and on the proposed development site.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Adjustments may not be utilized to:

A.

Reduce width of accessways required for flag lots created through the land partition or minor replat process.

B.

Reduce the area reserved for private outdoor space and/or usable open space by more than ten percent.

C.

Reduce project site amenities such as screening and/or landscaping provisions by more than ten percent.

D.

Increase fence height inside clear-vision areas.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Variances are a means of requesting a complete waiver or major adjustment to certain development standards. They may be requested for a specific lot or as part of a land division application. The Type II variance process is reserved for major adjustments on individual lots, while variances to development standards proposed as part of a land division are processed as a Type III application.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The authority to grant a variance does not include authority to approve a development that is designed, arranged, or intended for a use not otherwise approvable in the location. The criteria are as follows:

A.

The circumstances necessitating the variance are not of the applicant's making.

B.

The hardship does not arise from a violation of this Code, and approval will not allow otherwise prohibited uses in the district in which the property is located.

C.

Granting of the variance will not adversely affect implementation of the Comprehensive Plan.

D.

The variance authorized will not be materially detrimental to the public welfare or materially injurious to other property in the vicinity.

E.

The development will be the same as development permitted under this Code and City standards to the greatest extent that is reasonably possible while permitting some economic use of the land.

F.

Special circumstances or conditions apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape (legally existing prior to the effective date of this Code), topography, or other circumstances over which the applicant has no control.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The Planning Commission may grant a special variance waiving a specified provision under the Type III procedure if it finds that the provision is unreasonable and unwarranted due to the specific nature of the proposed development. In submitting an application for a Type III Special Variance, the proposed development explanation shall provide facts and evidence sufficient to enable the Planning Commission to make findings in compliance with the criteria set forth in this section while avoiding conflict with the Comprehensive Plan.

One of the following sets of criteria shall be applied as appropriate.

A.

The unique nature of the proposed development is such that:

1.

The intent and purpose of the regulations and of the provisions to be waived will not be violated; and

2.

Authorization of the special variance will not be materially detrimental to the public welfare and will not be injurious to other property in the area when compared with the effects of development otherwise permitted.

B.

The variance approved is the minimum variance needed to permit practical compliance with a requirement of another law or regulation.

C.

When restoration or replacement of a nonconforming development is necessary due to damage by fire, flood, or other casual or natural disaster, the restoration or replacement will decrease the degree of the previous noncompliance to the greatest extent possible.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The application shall include all of the items listed in Chapter 17.18 for submission of a land use application.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Prior to the decision date, the review of a Type II adjustment or variance, and any comments received, may cause the Director to elevate the request to a Type III Variance. In this case, the Director shall notify the Applicant and any parties in writing, giving the reason(s) that the application is found to qualify as a Type III Variance, requesting any additional information required by this Chapter, and requesting any additional fees applicable under the redefined application type. Upon receipt of new application materials and payment of the revised application fee, the Director shall schedule a public hearing in accordance with Chapter 17.20 and serve public notice as required in Chapter 17.22.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Approval of an adjustment or variance shall be effective for a two-year period from the date of approval, unless substantial construction has taken place. The Director (Type I and Type II) or Planning Commission (Type III) may grant a one-year extension if the applicant requests such an extension prior to expiration of the initial time limit.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)