Chapter 19.140
ADMINISTRATIVE EXCEPTIONS

Sections:

19.140.010    Purpose.

19.140.020    Approval criteria.

19.140.030    Process.

19.140.010 Purpose.

An administrative exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances:

A. Any dimensional requirement which does not exceed one foot.

B. Under the following conditions:

1. A parcel established prior to March 31, 2003, that does not meet the buildable square footage requirements for a parcel in a particular zoning district; or

2. A legally nonconforming dwelling with respect to setbacks, height and size which otherwise could not be expanded or reconstructed; or

3. A duplex constructed prior to March 31, 2003, that does not meet the minimum parcel size, which could not otherwise be reconstructed.

C. Yard setback requirements where the deviation is for 10 percent or less of the required yard.

D. Building height requirements where the deviation is for 25 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.

E. Minimum lot area requirements where the deviation is for 25 percent or less of the required lot area.

F. Maximum building coverage requirements where the deviation is for 25 percent or less of the maximum building coverage.

G. Lot width under the following circumstances:

1. Lot width requirements where the deviation is for 10 percent or less than the required lot width.

2. Lot width requirements where the deviation is greater than 10 percent; provided, that the department may require notice to affected agencies resulting in conditions of approval.

H. Up to one-half of a private tower’s impact area off of the applicant’s property.

I. Flanking street yard setbacks; provided, that:

1. At the time the subject parcel was legally created the property 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 subject property; and

2. Any flanking yard setback deviation granted under this section shall not exceed the required flanking street setback standards of the pre-January 1, 1991, zoning classification of the subject property.

J. 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. (Ord. 11-010 § 1 (Exh. A), 2011; Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007).

19.140.020 Approval criteria.

Criteria for approval or denial of applications shall be established by the director if it is shown that:

A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed;

B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources;

C. 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;

D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City. (Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007).

19.140.030 Process.

An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC 17.80.070. (Ord. 10-015 § 2, 2010; Ord. 07-015 § 4, 2007).