Spokane Valley City Zoning Code
CHAPTER 19
140 ADMINISTRATIVE EXCEPTIONS
§ 19.140.010 Purpose.
The purpose of Chapter 19.140 SVMC is to allow for minor deviations from code requirements.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.140.020 Permit type.
An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC § 17.80.070.
(Ord. 16-018 § 6 (Att. B), 2016)
§ 19.140.030 Allowed exceptions.
An administrative exception may be approved for the following when consistent with the criteria in SVMC § 19.140.040:
A.
Yard setback where the deviation is for 10 percent or less of the required yard.
B.
Building height where the deviation is for 10 percent or less of the maximum building height. Additional building height may be granted to the equivalent height of adjacent buildings in areas where the maximum building height is generally exceeded.
C.
Minimum lot area where the deviation is for 10 percent or less of the required lot area.
D.
Maximum building coverage where the deviation is for 10 percent or less of the maximum building coverage.
E.
Up to one-half of a private tower's impact area off of the applicant's property.
F.
Flanking street yard setbacks; provided, that:
1.
At the time the lot was legally created, it was zoned under a zoning classification of the pre-January 1, 1991, Spokane County zoning ordinance, and subsequently on January 1, 1991, a new zoning classification from the zoning code of Spokane County, Washington, was assigned to the lot; and
2.
Any flanking yard setback deviation granted under SVMC § 19.140.030 shall not exceed the required flanking street setback standards of the pre-January 1, 1991, zoning classification of the subject property.
G.
Any improved property rendered nonconforming through voluntary dedication of right-of-way, the exercise of eminent domain proceedings or purchase of right-of-way by the City, county, state, or federal agency.
H.
Provisions in SVMC § 20.20.090 that conflict with the intent of SVMC Title 19 as determined by the city manager or designee.
(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)
§ 19.140.040 Decision criteria.
The city manager or designee shall approve, approve with conditions, or deny administrative exceptions based on the following criteria:
A.
The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies;
B.
The exception may not increase density beyond what is currently allowed within the zoning district;
C.
The exception shall not be contrary to conditions imposed by any other associated land use action, for example, a hearing examiner decision, or conditions associated with the applicable short plat approval;
D.
The exception shall not conflict with other local, state, or federal laws; and
E.
The exception does not adversely impact the public health, safety, and welfare within the City.
(Ord. 16-018 § 6 (Att. B), 2016; Ord. 17-004 § 3, 2017)
