Selah City Zoning Code
10.30 Administrative
Adjustments and Variances
(a) Administrative adjustment of certain development standards may be authorized by Class 2 review to provide flexibility in the administration of this title. Class 3 review is required for administrative adjustments involving Class 3 uses. Administrative adjustment of sign standards, Chapter 10.38, is not authorized.
(b) A particular standard may be reduced or modified if the administrative official finds that the adjustment and/or reduction of the standard is consistent with:
10.30.010 Purpose.
This chapter establishes procedures, review criteria and authority for: administratively adjusting specific some of the development standards of this title; approving modifications to previously approved uses; and in limited circumstances, allowing variance from the requirements of this title. (Ord. 1634, § 116, 2004.)
10.30.020 Administrative adjustment of standards.
(a) Administrative adjustment of certain development standards may be authorized by Class 2 review to provide flexibility in the administration of this title. Class 3 review is required for administrative adjustments involving Class 3 uses. Administrative adjustment of sign standards, Chapter 10.38, is not authorized.
(b) A particular standard may be reduced or modified if the administrative official finds that the adjustment and/or reduction of the standard is consistent with:
(1) The intent and purposes of the specific zoning district and the particular standard being adjusted;
(2) Balancing the flexibility of the adjustment with the health, safety and general welfare of individual neighborhoods and the community;
(3) Coordinating development with adjacent land uses and the physical features of the site;
(4) Maintaining the minimum adjustment necessary to accommodate the proposed use; and
(5) The adjustment is of distinct and direct benefit to the adjoining property owners and the community at large.
(c) The administrative official may approve, modify, deny, or impose conditions of approval, as authorized in Chapter 10.06.040.
(d) The administrative official shall not have the authority through the administrative adjustment process to reduce the requirements for:
(1) Minimum lot size;
(2) Increase the height of buildings or structures, as limited in Chapter 10.08;
(3) Increase the number or size of signs;
(4) Manufactured home parks, as set forth in Chapter 10.26;
(5) Home occupations, as set forth in Chapter 10.28, Table 10.28A and Appendix A;
(6) The requirements set forth in other titles of the Selah Municipal Code.
(e) Where specific procedures and criteria are provided elsewhere in this title for reducing or modifying the requirements of this title, the administrative official shall not accept an adjustment application for processing. (Ord. 1634, § 117, 2004.)
10.30.030 Variances.
(a) The hearing examiner may authorize such variance from the terms of this title as will not be contrary to the public interest and the comprehensive plan where literal enforcement of the provisions of this title would result in undue hardship. A variance shall not be granted unless the hearing examiner makes findings that the applicant has expressly demonstrated all of the following:
(1) That special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, do exist;
(2) That because of such special circumstances, strict application of this title would deprive the subject property of rights and privileges enjoyed by other properties in the vicinity under identical zoning district classification;
(3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district classification in which the property is situated;
(4) That the special circumstances do not result from the actions of the applicant;
(5) That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure;
(6) That the granting of a variance will be in harmony with the general purpose and intent of this title, the specific zoning district and the comprehensive plan; and
(7) That the administrative adjustment or administrative modification provisions of this chapter were either not applicable or were insufficient to provide the relief sought from the standards of this title.
(b) The hearing examiner may approve or deny variance applications and may impose conditions of approval.
(c) Violations of conditions and safeguards, when made a part of the terms under which the variance is granted, shall be considered a violation of this title and is subject to remedies set forth in Chapter 10.44 and Title 21.
(d) Under no circumstances may the planning commission grant a variance to allow a use not permissible under the terms of this title in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by the terms of this title.
(e) Under no circumstances may the planning commission grant a variance to allow a density exceeding the land use designation contained in the Selah Urban Growth Area Comprehensive Plan, Future Land Use Map. (Ord. 2172, § 11, 2022; Ord. 1634, § 118, 2004.)
10.30.040 Appeals.
Decisions rendered under this chapter shall be final and conclusive unless appealed in accordance with Chapter 10.48. (Ord. 1634, § 119, 2004.)