Silverton City Zoning Code
ARTICLE 5
EXCEPTIONS TO CODE STANDARDS
§ 5.1.100 Adjustment – Purpose.
The adjustment review process provides a mechanism by which the director may make limited modifications to the application of regulations in the development code. Adjustment reviews provide limited flexibility for unusual situations, while continuing to provide certainty and rapid processing for land use applications. Requests for changes from a numerical development standard of 10 percent or less of the standard are processed as “adjustments.” Requests for changes to standards which are not numeric or which are for more than 10 percent of the standard are processed as “variances.”
(Ord. 08-06 § 3, 2008)
§ 5.1.200 Adjustment – Procedure.
Adjustment requests are processed through a Type II procedure using the review criteria listed in SDC § 5.1.300 in addition to the applicable requirements contained in Chapter 4.1 SDC.
(Ord. 08-06 § 3, 2008)
§ 5.1.300 Adjustment – Review criteria.
All adjustment requests will be approved if the director finds that the applicant has shown that the following criteria have been met:
A.
The requested adjustment is for 10 percent or less of the numerical development standard;
B.
The need for the requested adjustment is created by the configuration of an existing or proposed structure on the site;
C.
The need for the requested adjustment is created by the configuration of the existing lot boundaries or topography of the site;
D.
The design and operating characteristics of the proposed structure are reasonably compatible with the placement of surrounding development and land uses, and any negative impacts have been sufficiently minimized; or
E.
If more than one adjustment is being requested, the cumulative effect of the adjustments will result in a project which is still consistent with the overall purpose of the applicable zoning district.
(Ord. 08-06 § 3, 2008)
§ 5.1.400 Variances – Purpose.
This section provides standards and procedures for variances, which are modifications to land use or development standards that are not otherwise permitted elsewhere in this code as exceptions to code standards. This code cannot provide standards to fit every potential development situation. The city’s varied geography, and complexities of land development, require flexibility. This chapter provides that flexibility, while maintaining the purposes and intent of the code. The variance procedure provides relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance procedure is intended to provide flexibility while ensuring that the purpose of each development standard is met. Variances are necessary when the applicant requests a deviation from numerical standards of more than 10 percent, or a variance from nonnumerical development standards.
(Ord. 08-06 § 3, 2008)
§ 5.1.500 Variance – Procedure.
A variance is processed as a Type III procedure using the review criteria listed in SDC § 5.1.700 in addition to the applicable requirements contained in Article 4.
(Ord. 08-06 § 3, 2008)
§ 5.1.600 Regulations which may and may not be varied.
A.
Unless listed in subsection (B) of this section, all regulations in this code may be modified using the variance process.
B.
Variances are prohibited for the following items:
1.
To allow a primary or accessory use that is not allowed within the zoning district.
2.
As an exception to any restrictions on uses or development which contain the word “prohibited.”
3.
As an exception to a threshold for a review, such as the size of accessory structures.
4.
As an exception to a definition or classification.
5.
As an exception to the procedural steps of a procedure or to change assigned procedures.
(Ord. 08-06 § 3, 2008)
§ 5.1.700 Variance – Review criteria.
The city shall approve an application for a variance if the review body finds that the applicant has shown that all of the following criteria have been met:
A.
The proposed variance will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, and to other properties in the same zoning district or in the vicinity;
B.
A hardship to development exists that is peculiar to the lot size or shape, topography, wetlands, floodplains, or other similar circumstances related to the property over which the applicant has no control, and that are not applicable to other properties in the vicinity;
C.
The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land;
D.
Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks will not be adversely affected any more than would occur if the development occurred as specified by the subject code standard;
E.
The hardship is not self-imposed; and
F.
The variance request is the minimum variance that would alleviate the hardship.
(Ord. 08-06 § 3, 2008)
§ 5.1.800 Appeals of adjustment and variance decisions.
Appeals of adjustment and variance decisions shall be processed in accordance with the provisions of Chapter 4.1 SDC, as applicable.
(Ord. 08-06 § 3, 2008)
§ 5.2.100 Nonconforming uses and developments purpose.
This chapter provides standards and procedures for nonconforming situations (i.e., existing uses or developments that do not comply with the code). The standards for nonconforming uses and developments are intended to allow these nonconformities to continue but not to encourage their perpetuation. In allowing these situations to continue, some relief from code requirements for uses and developments that were established prior to the effective date of the ordinance codified in this code and do not comply with current standards has been provided.
(Ord. 08-06 § 3, 2008)
§ 5.2.200 Nonconforming uses.
Uses that were lawfully established in accordance with the code regulations in place at the time the use was established, but would not be permitted by the regulations imposed by this code, may be continued as long as they remain otherwise lawful, provided:
A.
Expansion Prohibited. No such nonconforming use is enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption of the ordinance codified in or amendment of the ordinance codified in this code. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land;
B.
Location. No such nonconforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified in this code;
C.
Discontinuation or Abandonment. The non-conforming use may continue, provided it is not discontinued for any reason for a period of more than 12 continuous months. For purposes of calculating the 12-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:
1.
On the date when the use of land is physically vacated;
2.
On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;
3.
On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or
4.
On the date a request for final reading of water and power meters is made to the applicable utility districts;
D.
Application of Code Criteria and Standards. If the use is discontinued or abandoned for any reason for a period of more than 12 continuous months, any subsequent use of land shall conform to the applicable standards and criteria specified by this code for the land use district in which such land is located;
E.
Loss of Nonconforming Status.
1.
If the use is changed to a conforming use for any period of time, any nonconforming rights are lost and a nonconforming use may not be reestablished.
2.
Any nonconforming use dependent upon a building or structure which is substantially damaged or destroyed by any cause, to the extent that the cost of repair or restoration of the building or structure would exceed 70 percent of its fair market value, shall be deemed terminated.
(Ord. 08-06 § 3, 2008)
§ 5.2.300 Nonconforming lot or development.
Where a development exists at the effective date of adoption or amendment of the ordinance codified in this code that could not be built under the terms of this code by reason of restrictions on lot area, lot coverage, height, yard, equipment, access, parking, landscaping, its location on the lot or other requirements concerning the development, and the development was lawful when constructed, the development may remain on the site so long as it remains otherwise lawful, subject to the following provisions:
A.
Alterations. No such nonconforming development may be enlarged or altered in a way that increases its nonconformity by more than 20 percent cumulatively (e.g., floor area and/or lot coverage and/or height and/or amount of measurable impact as in noise, glare, vibration) as of November 5, 2008, but any development or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this code or will decrease its nonconformity. An existing nonconforming single-family dwelling development may be converted to a duplex subject to the standards of this subsection.
B.
Destruction. Should such nonconforming development or nonconforming portion of development be destroyed by any means to an extent more than 70 percent of its current value as assessed by the county assessor, it shall be reconstructed only in conformity with this code.
C.
Deterioration. Should such nonconforming development or nonconforming portion of development become deteriorated to the extent that it has been declared a “dangerous building” and ordered demolished pursuant to Silverton’s dangerous and derelict structures code (SMC § 15.08.360 et seq.), the nonconforming status shall be deemed terminated upon such declaration and order.
D.
Roadway Access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with this code and other applicable standards as a condition of the city or other roadway authority approving a new access connection permit, or a change in land use.
E.
Vehicular Parking Spaces. When a development is nonconforming in the number of required vehicular parking spaces and changes to a use or building are made that increase the number of required vehicular parking spaces, only the number of vehicular parking spaces related to the increase in square footage of the building need to be provided.
F.
Relocation or Removal. Should such development be moved for any reason and by any distance, it shall thereafter conform to the regulations of this code.
G.
Remedy Nonconforming Development or Lot. Prior to occupancy after discontinuation or abandonment of a nonconforming development or lot, the subject development or lot, as applicable, must be brought up to current code standards or be removed.
(Ord. 08-06 § 3, 2008; Ord. 21-04 § 24, 2021)
§ 5.3.100 Lots of record – Purpose.
The purpose of this chapter is to establish criteria and a process for determining when a lot of record exists.
(Ord. 08-06 § 3, 2008)
§ 5.3.200 Lots of record – Criteria.
A lot of record is a plot of land that was not created through an approved subdivision or partition, was created and recorded before January 6, 1960, and for which the deed, or other instrument dividing the land, is recorded with the county. A lot of record shall be entitled to development of no less than one single-family dwelling or duplex and, provided all applicable code standards are met, additional land use or development may be approved.
(Ord. 08-06 § 3, 2008; Ord. 21-04 § 24, 2021)
§ 5.3.300 Lots of record – Procedure.
A lot of record determination shall be made by the community development director through a Type I procedure (SDC § 4.1.200). It shall be the property owner’s responsibility to demonstrate that his or her plot of land meets the lot of record criteria in SDC § 5.3.200.
(Ord. 08-06 § 3, 2008)
