Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.010 Interpretation – Purpose.
18.04.015 Administrative deviation.
18.04.020 Building permit – Conditions and effect.
18.04.010 Interpretation – Purpose.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or plat restrictions, the most restrictive or those imposing the higher standards shall govern. [Ord. 1423 § 1 (Att. B), 2012; Ord. 1421 § 1 (Att. B), 2012; Ord. 551 § 18.100, 1976; Ord. 531 § 1, 1973.]
18.04.015 Administrative deviation.
The city administrator or his/her designee working in consultation with other agencies and departments with expertise has discretional authority to rule on the applicability of this title’s dimensional standards, determine modifications necessary to fit development patterns, topography, and other constraints, and, at his/her discretion, to require formal application to the hearing examiner for variance of the standards. At no time shall an administrative deviation from the dimensional standards exceed 10 percent of the adopted standard. A deviation is not a right. It is a special exception from the regulations for which a justifiable need and extraordinary circumstances must be demonstrated. It is intended to assure fair treatment of someone with special property circumstances and not to grant special privilege. Deviations may be approved provided the applicant demonstrates the following:
A. The deviation does not conflict with the Comprehensive Plan.
B. The deviation is no greater than 10 percent of the adopted standard, excepting for a common building line for existing subdivisions within in-fill development.
C. The deviation is exclusive to a dimensional standard (for example: setback, length, width, depth, height, and area). At no time shall a deviation be approved for changing density or altering the intent of the LMC.
D. The authorization of the deviation shall not be materially detrimental to the purposes of this title, be injurious to property in the same district or neighborhood in which the property is located, or be otherwise detrimental to the objectives of any comprehensive plan. [Ord. 1589 § 1 (Att. B), 2022; Ord. 1421 § 1 (Att. B), 2012.]
18.04.020 Building permit – Conditions and effect.
Building permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this title and punishable as provided in Chapter 21.13 LMC. [Ord. 1421 § 1 (Att. B), 2012; Ord. 551 § 40.140, 1976; Ord. 531 § 1, 1973.]
18.04.030 Interpretation.
It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the administrative official, pursuant to LMC 21.03.020. [Ord. 1628 § 1 (Att. A), 2021; Ord. 1421 § 1 (Att. B), 2012; Ord. 551 § 42.100, 1976; Ord. 531 § 1, 1973.]