Chapter 18.310


18.310.010    Exceptions to building height.

18.310.020    Exceptions to lot size requirements.

18.310.030    Exceptions to setback requirements.

18.310.040    Exceptions to accommodate the disabled.

18.310.050    Exceptions for housing authorities.

18.310.060    Exceptions documented.

18.310.010 Exceptions to building height.

A.    Height limitations set forth elsewhere in this title shall not apply to the following: chimneys, church spires, belfries, cupolas, smokestacks, flagpoles, cooling towers, monuments, firehouse towers, masts, aerials, and other similar projections, wireless communication facilities, and outdoor theater screens; provided, said screens contain no advertising matter other than the name of the theater.

B.    HVAC or other roof-mounted mechanical equipment and necessary screening (per Section 18.80.080(H)), stairwell enclosures that provide rooftop access, and elevator shafts may extend up to ten feet above the maximum building height limit as follows:

1.    The combined total coverage of all features shall not exceed fifteen percent of the roof area; and

2.    Stairwell enclosures and elevator shafts shall be set back at least fifteen feet from the all roof edges on street facing facades.

C.    Underbuilding Parking. When a structure is proposed to include underbuilding parking in the RM, RH, C-2, C-3, C-4, OCI, BP and LI zoning districts, the building height limit may be increased by ten feet. The building height calculation shall remain the same as set forth in Chapter 18.150. The increased height shall be reviewed for bulk, scale and compatibility to surrounding structures, and may not be allowed if impacts cannot be adequately mitigated. The gross square footage of the building area allowed by the increased height shall be equal to or less than the gross square footage of the underbuilding parking.

D.    The review authority may increase maximum building height to a height no more than forty feet in recognition of differences in grade between the subject parcel and adjacent parcels.

E.    In order to ensure compatibility with surrounding properties, the review authority may decrease the height of any building that is proposed to be ten feet higher than a single-family residence located within twenty-five feet of the proposed building. The modified building height may not be reduced to less than twenty-five feet. (Ord. 2018-20 § 2 (Exh. A (part)), 2018: Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, VI(E), VIII(C)), 2003. Formerly 18.60.050, 18.84.030)

18.310.020 Exceptions to lot size requirements.

A.    If at the time of passage of this title a lot of record, or the aggregate of contiguous lots or land parcels held in single ownership, has an area less than required for the zone in which the property is located, the lot or aggregate holdings may be occupied by any permitted use in the zone subject to compliance with all other requirements of the zone (except for commercial lots, which may be excused required side yards by the director if such required yards would render the property unusable); provided, however, that the use of a lot in a residential zone which has an area deficiency shall be limited to a single-family dwelling.

B.    If at the time of passage of the ordinance codified in this title a lot of record was lawfully occupied by two or more single-family residences, such lot may be granted short plat approval in order to permit the segregated sale of such residences, even though some or all of the resulting new lots will have dimensions less than required for the zone in which the property is located; provided, however, that the degree of density nonconformity shall not be increased. All lots shall have a minimum of twenty feet of access to a public or private street. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, VIII(B)), 2003. Formerly 18.84.020)

18.310.030 Exceptions to setback requirements.

A.    Projections into Required Setbacks. Certain architectural features and structures may project into required zoning district setbacks. Compliance with requirements in the International Building Code still applies.

1.    Cornices, canopies, eaves, belt courses, sills, or other similar architectural features, landscaping features or fireplaces.

2.    Fire escapes, open/uncovered porches, decks, balconies, landing places, or outside stairways may extend one and one-half feet into any required side or rear yard; and may extend up to six feet into any required front yard. Open/uncovered porches, decks, walkways or stoops less than eighteen inches in height may extend to within one and one-half feet to any lot line.

3.    Open/uncovered pedestrian access to commercial or business/employment zoned structures, such as walkways, decks, or stairways of any height, may extend into any side or rear setback up to ten feet of the setback width, as long as all other applicable development standards are met.

4.    Greenhouses, storage sheds or other similar detached structures may extend into any side or rear setback up to three feet from the lot line. To extend into a side or rear setback, the structure must be limited to one hundred twenty square feet in size and no taller than fourteen feet in height.

5.    For existing nonconforming attached commercial structures, the established and pre-existing setbacks will be allowed for redevelopment purposes; provided, however, that the existing footprint is not expanded on the ground floor. In all cases, however, International Building Code requirements will need to be met.

B.    Exceptions to Front Yard Requirements in the RL Zoning District.

1.    If there are dwellings on both abutting lots with front yards less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.

2.    If there is a dwelling on one abutting lot with a front yard less than the required depth for the zone, the front yard need not exceed a depth of halfway between the depth of the front yard on the abutting lot and the required front yard depth.

C.    Exceptions to Yard Requirements for Existing Nonconforming Lots.

1.    Front, side and rear yard requirements for existing nonconforming lots shall be the average of abutting lots (may include those separated by a street). In granting these exceptions, the planning director shall make the following findings:

a.    By granting the yard requirement exception, the neighborhood character of the immediate vicinity will not be diminished. Compatibility with neighborhood character shall include:

i.    Appropriate bulk and scale to adjacent structures.

ii.    The structure is placed on the lot consistent with the adjacent structures;

b.    By granting the yard requirement exception, the applicant is enjoying the same property rights possessed by the owners of other properties in the same immediate vicinity; and

c.    By granting the yard requirement exception, the realization of the comprehensive plan will not be adversely affected.

d.    The averaging allowed in this section is not intended to apply to lots seven thousand five hundred square feet or larger; or lots deliberately created smaller than seven thousand five hundred square feet through other allowed provisions, such as infill, planned residential developments, density bonuses, lot averaging or other applicable provisions. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2011-02 § 15 (Exh. A (10-14)), 2011; Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(G)), 2003. Formerly 18.84.070)

18.310.040 Exceptions to accommodate the disabled.

Wheelchair ramps, elevators, mechanical access devices and other structures intended to facilitate access for the disabled may be exempted from setback requirements or other development standards; provided, that all applicable International Building Code requirements are met. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.310.050 Exceptions for housing authorities.

A.    Purpose. This section is established under the authority of Chapter 35.83 RCW, which permits cities and other state public bodies to establish such exceptions to building, housing and development codes as the city council deems appropriate. The purpose of the statute is to provide for the cooperation of the city with the goals and objectives of the housing authority as set forth in RCW 35.83.010 and various state and federal programs for the development of low income housing. This chapter is established in order to provide clear criteria for the review of such applications and to provide for adequate public input.

B.    Application, Project Review, Hearing Notice, Commission Recommendation and City Council Action. Applications for housing authority development permits shall be made in accordance with Type III permit procedures established in Title 19. The provisions of that chapter shall also govern the recording of any approved plan, the expiration of such approvals as well as any and all other procedural or performance requirements.

C.    Findings. The housing authority development permit granting exceptions may be approved if the following findings are made:

1.    The proposal complies with the purposes and directives of the Poulsbo comprehensive plan.

2.    The proposal promotes the goals of the Housing Cooperation Act, Chapter 35.83 RCW.

3.    The site is physically suitable for the type and intensity of the land use being proposed with the exception of development requirements requested.

4.    There are adequate provisions for water, sanitary sewer, and other public facilities and services to assure that the proposal will not be detrimental to public health, safety and welfare.

5.    There are adequate provisions for public access to serve the subject proposal.

6.    There will not be significant harmful effects upon environmental quality and natural resources.

7.    The negative impacts of the proposal are mitigated or otherwise balanced by the beneficial aspects of such housing through addition to the city’s housing stock or other goals established by the city’s comprehensive plan.

8.    The proposed location, size and design of the proposal will not be detrimental to the public interest, health, safety or welfare of the city, or the city finds that any detrimental impacts are outweighed by the positive public benefits which such a proposal will provide to the city of Poulsbo and the goals and objectives of the comprehensive plan. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, VIII(J)), 2003. Formerly 18.84.100)

18.310.060 Exceptions documented.

When an exception is allowed pursuant to this chapter, the planning director shall document in writing the allowed exception. Documentation may be made through a condition of approval when part of a land use permit, accompany a building permit issuance, or other method as determined appropriate by the planning director. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)