Chapter 17.116
ADJUSTMENTS Revised 7/23
Sections:
17.116.010 Powers and duties.
17.116.020 Criteria for granting an adjustment.
17.116.030 Limits for adjustments.
17.116.040 Filing an application. Revised 7/23
17.116.045 Required signatures. Revised 7/23
17.116.050 Variance procedure applicable to adjustments.
17.116.060 Notice of decision and appeal.
17.116.010 Powers and duties.
Due to the inherent nature and limitations of an ordinance, it is not possible to encompass all the different situations arising from the various properties treated by this title. Therefore, the director, planning commission, hearings officer or board shall have the power to grant limited adjustments to the terms of this title when such adjustments are within the limitations and conditions contained in this chapter. These provisions shall be used sparingly within the purpose and intent of this title and the limitations shall not be exceeded under any circumstances. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 516 § 2, 1978. RZ Ord. § 116.010.]
17.116.020 Criteria for granting an adjustment.
A. The director, planning commission, hearings officer or board may permit and authorize an adjustment to those standards listed in MCC 17.116.030 when it appears from the application and the facts presented that:
1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and
2. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and
3. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and
4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted.
B. Adjustment to Special Setback Standards in the AR, EFU, SA, FT, and TC Zones. The director, planning commission, hearings officer or board may permit and authorize an adjustment to the special setback standards listed in MCC 17.128.050(A), 17.136.070(A), 17.137.070(A), 17.138.060(A) and 17.139.070(A) as outlined in those sections. The criteria in subsection (A) of this section do not apply to adjustments granted under this subsection. The limits for adjustment in MCC 17.116.030 do not apply to adjustments granted under this subsection. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 516 § 2, 1978. RZ Ord. § 116.020.]
17.116.030 Limits for adjustments.
The director, planning commission, hearings officer or board may grant only the minimum adjustment and shall certify on the order authorizing the adjustment that such adjustment is the minimum. Modifications exceeding these limits shall be processed as a variance under Chapter 17.122 MMC. The adjustment shall not exceed the following limits:
A. Lot Area. Maximum possible adjustment of two percent of the minimum lot area required but not more than 1,000 square feet. Adjustments to the state-mandated minimum lot sizes are prohibited.
B. Percentage of Lot Coverage. A maximum adjustment of two percent more than permitted but not more than 500 square feet.
C. Front Yard and Any Yard Adjacent to a Street. A maximum adjustment of 20 percent of the required front yard depth but in no instance shall this permit a yard depth of less than 10 feet adjacent to a street.
D. Side Yards. A maximum adjustment of three feet but in no instance shall this permit a side yard depth of less than four feet for a one-story building or less than five feet for a two-story or two-and-one-half-story building.
E. Rear Yard Depth. A maximum adjustment of either four feet for the building, or 10 feet if a yard area equal in area to that being covered is provided at some other place on the lot than a required yard area, but in no instance shall this permit a rear yard depth of less than five feet for a one-story building, five feet for a two-story building, or seven feet for a two-and-one-half-story building.
F. Lot Width. A maximum of 10 percent of the required minimum width of 60 feet at the front building line.
G. Subjects Not Included for Adjustment. The number of dwelling units permitted, parking requirements, vision clearance area and the use of property are not subjects for adjustments.
H. Fences. Construction of fences with greater height or density than permitted within the required 10-foot fence setback to a property line adjacent to a street, as set forth in MCC 17.117.080, may be approved subject to a favorable report by the county engineer.
I. Height. A height adjustment of not more than 10 feet may be allowed for residential accessory structures. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 653 § 4, 1983; Ord. 516 § 2, 1978; Ord. 457 § 3, 1976. RZ Ord. § 116.030.]
17.116.040 Filing an application. Revised 7/23
An application for an adjustment may be filed by one or more of the following:
A. The owner of the property that is the subject of the application;
B. The purchaser of the property that is subject to the application when a duly executed written contract or earnest-money agreement, or copy thereof, is submitted with the application;
C. A lessee in possession of the property subject to the application who submits written consent of the owner to make such application;
D. The appropriate local government or state agency when the application is for a public works project;
E. A governmental body that has initiated condemnation procedures on the property that is subject to the application, but has not yet gained title; or
F. A co-tenant if the property that is the subject of the application is owned by tenants in common.
G. A public agency or utility, or an entity authorized by a public agency or utility, if the public agency or utility holds an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owner.
The application shall be filed with the director, in writing, on an application form provided by the planning division. The application shall set forth the adjustment or modification sought, the description or location of the building or premises, and the name or names of the owners of the property. The application shall contain such other information as deemed necessary by the director, planning commission or hearings officer. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.040.]
17.116.045 Required signatures. Revised 7/23
A. Applications shall include the following signatures:
1. Signatures of all owners of the subject property;
2. The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale or earnest-money agreement;
3. The signature of lessee in possession of the property with the written consent of all the owners;
4. The signatures of the agents of those identified in MCC 17.116.040(A), (B), or (C) when authorized in writing by those with the interests described in MCC 17.116.040(B) or (C), and all the owners of the property;
5. For an application filed by an entity authorized by a public agency or utility pursuant to MCC 17.116.040(G), the signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners; or
6. The signature of co-tenants owning at least a one-half undivided interest in the property, when the property is owned by tenants in common; provided, that the signing co-tenant provides current addresses for all co-tenants who have not signed the application so the planning division can give them notice of the decision.
B. Prima Facie Proof of Ownership. When any person signs as the owner of property or as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any owner, or when any person states that he or she is buying the property under contract, the director, planning commission, hearings officer and the board may accept these statements to be true, unless the contrary be proved, and except where otherwise in this title more definite and complete proof is required. Nothing herein prevents the director, planning commission, hearings officer or board from demanding proof that the signer is the owner, officer, attorney in fact, or agent. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.045.]
17.116.050 Variance procedure applicable to adjustments.
MCC 17.122.070 through 17.122.130 relating to variances shall apply, where applicable, to the granting of an adjustment. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.050.]
17.116.060 Notice of decision and appeal.
MCC 17.119.130 and 17.119.140, relating to conditional uses, shall apply, where applicable, to the granting of an adjustment. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.060.]