Chapter 17.40
MODIFICATIONS – EXCEPTIONS

Sections:

17.40.010    Modifications or variations.

17.40.020    Exceptions.

17.40.010 Modifications or variations.

The following procedure shall govern any application for modifying or varying the regulations contained in this title:

(1) A subdivider may include in the application for a short or major subdivision a request or requests for a variance or modification of any provision of this title due to preexisting topographic or other physical conditions characteristic of the land within the proposed short or major subdivision or dedication. Such requests shall include any and all details, as the subdivider deems necessary, to support the application properly.

(2) The town engineer and other town officials shall prepare a specific recommendation for each such request.

(3) The town engineer in the case of a short subdivision or the hearing examiner in the case of a major subdivision shall make specific findings concerning such requests for modification or variance. [Ord. 467 § 70, 2008; Ord. 106 § 8(a), 1972]

17.40.020 Exceptions.

The town engineer in the case of a short subdivision or the hearing examiner in the case of a major subdivision may approve any or all of the following exceptions to the provisions contained herein:

(1) Greater park and playground space in addition to the area included in the official map. However, in no case shall such additional areas represent more than twice the amount specified in the official map, except when the official zoning ordinance and map or proposed subdivision or dedication proposes higher residential land use densities of population than twice the existing densities.

(2) A realignment of a community arterial or neighborhood street as shown on the official map, or of a proposed street in the subdivision, so as to permit a better arrangement of lots, residential streets, and other public ways, parks, and playgrounds.

(3) In cases where the total of the minimum requirements of sidewalk, parking strip and pavement widths exceeds the minimum right-of-way requirements, minimum rights-of-way required shall equal the total minimum requirements of the sidewalk, parking strip and pavement widths.

(4) In cases where the lots of a subdivision face a community arterial including any public highway as provided herein, the requirements for the depth of these lots may be increased in an amount not to exceed twice the front yard requirements for that zone of the zoning ordinance; however, in no case shall such required increase in lot depth exceed 20 feet. [Ord. 467 § 71, 2008; Ord. 106 § 8(b), 1972]