Chapter 17.23
VARIANCES AND MINOR EXCEPTIONS
Sections:
17.23.030 Application procedures.
17.23.050 Approval requirements and conditions.
17.23.060 Required findings for approval.
17.23.070 Post-decision procedures.
17.23.010 Purpose.
The purpose of a variance or minor exception is to ensure that no property, because of special circumstances specifically related to its size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Ord. 1603 § 4 (Exh. I), 2023)
17.23.020 Applicability.
(A) In no case shall a variance or minor exception be granted to allow a use other than a use allowed or conditionally allowed in the zone applicable to the property.
(B) The Review Authority may grant variances and minor exceptions from any property development standard including, but not limited to, setbacks, heights, lot coverage, etc., in this Title, subject to the procedures set forth in this Division.
(C) Minor Exceptions. The following modifications are subject to approval of a minor exception:
(1) Fence Height. The maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of two feet, where topography or a difference in grade between abutting parcels warrants an increase in height to maintain a level of privacy, to maintain the effectiveness of screening, or to provide additional security when warranted; provided, that the increased height does not encroach into the vehicle sight distance standards established in PMC § 17.82.070 (Safety visibility area restrictions) or otherwise impede the visibility of motorists.
(2) Setbacks. The minimum setback may be decreased by not more than 10 percent where the proposed setback area is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity for the parcel, and where the decrease will not unreasonably affect abutting parcels. Notwithstanding the provisions of this Subsection, a minor exception may be granted to allow the reduction of a required side setback on a single-family residential lot by not more than five feet, if it can be determined that the tentative map in which the parcel is located was approved prior to the effective date of the ordinance codified in this Title and that development patterns or conditions within the parcel or tract make a larger setback impractical.
(3) Lot Coverage. The maximum lot coverage may be increased by not more than 10 percent of the parcel area, where an increase is necessary for improved site planning or architectural design, creation, or maintenance of views, or otherwise facilitate desirable features or amenities, and where the increase will not unreasonably affect abutting parcels.
(4) Off-Site Parking. A maximum of 10 percent of the required parking for a use may be located on a contiguous parcel. Said parking shall not be located more than 300 feet walking distance from the structure entrance on the parcel of the use which the parking will serve; provided, that the Director determines that the use will be served effectively, safely, and conveniently. For the purpose of this Section, “contiguous” shall mean sharing a common lot line and shall not include parcels separated by public rights-of-way. The Review Authority shall require an agreement to ensure ongoing availability and maintenance of off-site parking facilities, pursuant to PMC § 17.87.090(A)(2) (Nonresidential Uses).
(5) On-Site Parking. The Review Authority may grant reductions in the number of required parking spaces pursuant to an approved transportation demand management program, pursuant to PMC § 17.87.070(H) (Transportation Demand Management (TDM) Programs), for provision of a bus turnout, pursuant to PMC § 17.87.070(B) (Bus Turnout), or a maximum of 10 percent reduction if the use can demonstrate through submittal of studies and other materials that the amount of parking demand for the particular use is less than what is required by Table 17.87.060-1 (Required Number of Vehicle Parking Spaces).
(6) Minor Reconfiguration of Existing Parking. The Review Authority may authorize the minor reconfiguration of an existing parking lot in order to comply with the requirements of the Americans with Disabilities Act. The reconfiguration may include a maximum 10 percent reduction of the applicable on-site parking requirements when it is demonstrated that the reduction will not result in a traffic hazard.
(7) Loading Facilities. A reduction in the number of required loading spaces may be granted by the Review Authority, based upon a finding supported by evidence that the space will not be needed by the use.
(8) Height. The Review Authority may authorize a 10 percent increase in the maximum height limitation for structures, excluding signage. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.
(9) On-Site Landscaping. The Review Authority may authorize a 10 percent decrease in the required on-site landscaping requirement, where it can be demonstrated that the reduction is necessary in order to provide for necessary public transportation and transit improvements including, but not limited to, bus turnouts and turning lanes; where site constraints preclude the relocation of such landscaping to another location; and where the overall appearance of the site will not be adversely affected.
(10) Landscape Setback Area. The Review Authority may allow averaging of the required landscape setback area adjacent to regional, crosstown or connector streets as designated by the General Plan, provided the following conditions are met:
(a) The required on-site landscaping requirement is fully met;
(b) No more than 30 percent of the landscape setback area along the parcel frontage shall be reduced in width; and
(c) In no case shall the landscaped setback area be less than the 10 feet in width.
(D) In calculating percentages specified in Subsection (C) of this Section, fractions shall be rounded down.
(E) Variance. Any request to deviate from development standards required by this Title which is not listed in Subsection (C) of this Section shall require submittal and review of a variance. Variance requests may include, but are not limited to, the following:
(1) Fences, walls, and screening;
(2) Site area, width, and depth;
(3) Front, rear, and side setbacks;
(4) Lot coverage;
(5) Height of structures;
(6) Landscaping;
(7) Usable open space; and
(8) Parking facilities/requirements.
(F) Any variance or minor exception granted shall be subject to the conditions which will assure that the authorized adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. (Ord. 1603 § 4 (Exh. I), 2023)
17.23.030 Application procedures.
(A) An application for a variance or minor exception shall be filed with the Department, along with the required fee as established by City Council resolution. The signed application shall be made by the property owner, an authorized agent of the property owner or an applicant for which the property owner or authorized agent has granted approval for the submittal of the application.
(B) An application for a variance or minor exception shall be accompanied by all required materials and plans depicting the subject property as well as the surrounding area, and the scope of the proposed request. Plans of the subject property shall depict all existing and proposed buildings, uses, and any other data required by the Department to adequately review the application. (Ord. 1603 § 4 (Exh. I), 2023)
17.23.040 Review Authority.
(A) Minor Exceptions.
(1) The Review Authority for minor exception requests shall be the Director, based upon the findings contained in PMC § 17.23.060(C), except that if the project requesting a minor exception requires additional applications which will be reviewed by the Director, Planning Commission, or City Council (e.g., conditional use permit), the Review Authority shall approve the minor exception in conjunction with the project approval.
(2) Prior to rendering a decision, the Director shall provide written notice to contiguous property owners of the requested minor exception, pursuant to PMC § 17.20.020(B). The notice shall contain a description of the type and location of the requested minor exception, the anticipated decision date, and shall allow a minimum period of 10 days for recipients of such notice to submit comments to the City. Upon the passage of the minimum 10-day comment period, the Director may render a decision.
(B) Variances. The Planning Commission shall be authorized to review and make a decision on requests for variances at a public hearing pursuant to PMC § 17.20.010 (Review procedures) and pursuant to the procedures in this Division. (Ord. 1603 § 4 (Exh. I), 2023)
17.23.050 Approval requirements and conditions.
The following requirements may be placed upon a variance or minor exception by the Review Authority as conditions of approval. All these conditions shall be binding upon the applicants, property owners, and their successors.
(A) Requirements for special setbacks, open spaces, buffers, fences, walls, and screening;
(B) Requirements for installation and maintenance of landscaping, erosion control measures, and other improvements;
(C) Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;
(D) Establishment of development schedules or time limits for performance, completion, or removal;
(E) Requirements for periodic review by the Review Authority; and
(F) Any other such conditions as the Review Authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Review Authority to make the findings required by PMC § 17.23.060(C). (Ord. 1603 § 4 (Exh. I), 2023)
17.23.060 Required findings for approval.
(A) Minor Exception. The Director shall determine that the request satisfies the applicable requirements of PMC § 17.23.020(C) and the required findings contained in Subsection (C) of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances.
(B) Variance. The Planning Commission shall determine that the request satisfies the applicable requirements of PMC § 17.23.020(E) and the required findings contained in Subsection (C) of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances.
(C) Findings for Approval of a Variance or Minor Exception.
(1) There are special circumstances applicable to the property, so that the strict application of this Title would deprive the property of privileges enjoyed by other properties in the vicinity and under the same zone;
(2) The application is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity and under the same zone and denied to the property for which this approval is sought;
(3) The application will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and under the same zone in which the property is located; and
(4) The application does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and in the same zone in which the property is located. (Ord. 1603 § 4 (Exh. I), 2023)
17.23.070 Post-decision procedures.
(A) Appeal. Any decision made by the Review Authority on a variance or minor exception may be appealed, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).
(B) New Applications Following Denial or Revocation. Following the denial of a variance or minor exception application, no application for the same or substantially the same application on the same or substantially the same parcel shall be filed within one year of the date of denial.
(C) Voiding of Variances or Minor Exceptions.
(1) Except as otherwise provided in this Section, any variance or minor exception granted pursuant to the provisions of this Chapter shall become null and void unless the construction authorized by said variance or minor exception has been inaugurated within 36 months of the effective date of said variance or minor exception, and pursued diligently to completion.
(2) Where a variance or minor exception request is granted concurrently with one or more other approvals, the variance or minor exception shall be in effect for the time period allotted pursuant to the other land use approvals, not to exceed an initial period of 36 months.
(3) Extension. Where circumstances beyond the control of the applicant cause delays which do not allow compliance with the time limits established in this Division, the Review Authority may grant an extension of time for a period not to exceed 24 additional months except as provided herein. Where a variance or minor exception request is granted concurrently with one or more approvals, an extension of the minor exception or variance may be considered by the Review Authority concurrently with the time extension requests for the other approvals; however, in no event shall a minor exception or variance be extended beyond the expiration date of any other land use approval on the parcel.
(4) The Review Authority may void any variance or minor exception for noncompliance with the conditions set forth in approving the variance or minor exception following the procedures under which the variance or minor exception was initially approved. (Ord. 1603 § 4 (Exh. I), 2023)