Chapter 15.210
CODE ADJUSTMENTS

Sections:

15.210.010    Adjustments, powers and duties.

15.210.020    Type I adjustments and approval criteria.

15.210.030    Conditions may be attached.

15.210.040    Adjustment right must be exercised to be effective.

15.210.010 Adjustments, powers and duties.

Due to the inherent nature and limitation of the code, it is not possible to encompass all the different situations arising from the various properties treated by this code. The director may grant limited adjustments to the terms of this code when such adjustments are within the limitations and conditions contained in this section. These provisions shall be used sparingly within the purpose and intent of the code and the limitations shall not be exceeded under any circumstances. [Ord. 2451, 12-2-96. Code 2001 § 151.175.]

15.210.020 Type I adjustments and approval criteria.

The director may authorize adjustments from the following requirements through a Type I procedure subject to the following:

A. Yard Setback Dimensions, Lot Area, Percentage of Lot Coverage, Lot Dimensions.

1. The director may approve adjustments to:

a. Setbacks/Street Trees. Maximum adjustment of 25 percent of the dimensional standards for front yard setback requirements and the spacing of street trees.

b. Lot Area. Maximum adjustment of five percent of the lot area required. A lot area adjustment shall not be granted, thereby allowing a greater number of dwelling units than that permitted without the adjustment.

c. Percentage of Lot Coverage. Maximum adjustment of two percent more than permitted for all land uses, except the maximum parking area coverage for R-3 districts may be increased up to 50 percent.

d. Lot Dimensions. Maximum of 10 percent of the required lot dimensions or frontages.

2. Approval Criteria. Approval of an adjustment shall be based on written findings. The director shall find that approval will result in:

a. More efficient use of the site.

b. Preservation of natural features, where appropriate.

c. Adequate provisions of light, air and privacy to adjoining properties.

d. Adequate emergency access.

e. The adjustment is consistent with the setbacks, lot area, and/or coverage of buildings or structures previously existing in the immediate vicinity.

B. Interior Yard Setback Requirements in Residential Zones.

1. Except for lots designated as “zero lot line lots,” the director may approve an adjustment in the interior yard requirements so that a distance not less than three feet is maintained.

2. Approval Criteria. Approval of an adjustment to the interior yard setback shall be based upon the following:

a. A site plan is approved by the director prior to issuance of a building permit. In approving a site plan, the director may attach any conditions necessary to fulfill the purpose of this code.

b. Adequate light, air and open space is provided on the lot.

c. The building is limited to one story.

d. The building is compatible with physical conditions and adjacent property.

e. The adjustment is consistent with the setbacks, lot area, and/or coverage of buildings or structures previously existing in the immediate vicinity.

C. Dimensional Standards and Minimum Number of Off-Street Parking Spaces.

1. The director may approve adjustments to the dimensional standards of off-street parking spaces; standards for minimum number of off-street parking spaces; and required spaces to be used for compact cars excepting handicapped parking requirements.

2. Approval Criteria. The director shall find that approval will provide adequate off-street parking in relation to user demands. The following factors may be considered in granting an adjustment:

a. Special characteristics of users which indicate low demand for off-street parking (e.g., low income, elderly).

b. Opportunities for joint use of nearby off-street parking facilities.

c. Availability of public transit.

d. Natural features of the site (topography, vegetation and drainage) which would be adversely affected by application of required parking standards.

e. Possible conversion of the site to other uses in the future.

f. No adjustment shall be greater than 25 percent of the requirement from which the exception is granted.

D. Vision Clearance Requirements on Corner Lots.

1. Vision clearance requirements on corner lots may be waived by the director.

2. Approval Criteria. In the case of a minor exception to the vision clearance requirements, the director shall find that the following conditions are satisfied:

a. Traffic entering the intersection is controlled by traffic signals or stop signs; and

b. On-street vehicle parking, street trees or other plantings do not interfere with necessary vision clearance; or

c. In lieu of these findings, that topographic conditions are so extreme that it is not practical to provide required vision clearance. [Ord. 2505, 2-1-99; Ord. 2499, 11-2-98; Ord. 2451, 12-2-96. Code 2001 § 151.176.]

15.210.030 Conditions may be attached.

The director may attach any condition to the adjustment if such condition relates directly and specifically to the matter being adjusted. [Ord. 2451, 12-2-96. Code 2001 § 151.177.]

15.210.040 Adjustment right must be exercised to be effective.

An adjustment granted under this code shall be effective only when the exercise of the right granted thereunder shall be commenced within one year from the effective date of the decision. The director may authorize an extension of the duration of the decision for an additional six months upon written application. In case such right is not exercised, or extension obtained, the adjustment decision shall be void. Any adjustment granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such adjustment. [Ord. 2451, 12-2-96. Code 2001 § 151.178.]