Chapter 18.61
WAIVER OF ZONING REQUIREMENTS

Sections

18.61.010    Authority to waive requirements.

18.61.020    Setback requirements – Waiver limitations.

18.61.030    Appeal procedure.

18.61.010 Authority to waive requirements.

In those instances where the city council has passed an ordinance amending the zoning map and such amendment has restricted the use of the rezoned property, by ordinance or concomitant agreement, to a specified and unified project in accordance with plans and specifications incorporated by reference in the ordinance granting the zoning amendment, the city manager shall have the authority to waive certain setback requirements as described in DMMC 18.61.020. [Ord. 521 § 1, 1981.]

18.61.020 Setback requirements – Waiver limitations.

The setback requirements which may be waived are the open spaces between buildings which are required where lots have been short platted and which would not have been required if the lots had not been short platted. Prior to granting the setback requirement waiver, the city manager must be satisfied that the waiver is consistent with and effectuates the intent of the city council in granting the project zoning. [Ord. 521 § 2, 1981.]

18.61.030 Appeal procedure.

Any person aggrieved by the decision of the city manager in either granting or denying a setback requirement waiver in accordance with this chapter may appeal such decision to the hearing examiner by filing such appeal in writing with the city clerk within 10 days of the rendering of such decision. Such appeal shall be in accordance with the hearing examiner code. [Ord. 770 § 69, 1988: Ord. 521 § 3, 1981.]