§ 17.02.120. Modification of standards.

The modification of standards procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed.

A.

Use of Modification of Standards. An application for the purposes of this Section, a modification of standards application shall be filed whenever any one of the following deviations from the provisions of this Title 17 is proposed:

1.

A decrease of not more than 20 percent of the minimum required setback area.

2.

An increase of not more than ten percent of the maximum permitted building height.

3.

Any deviation in the permitted maximum height or location of a fence or wall.

4.

An increase of not more than ten percent of the maximum permitted lot coverage.

5.

Modifications in excess of those cited in subparagraph A through D above shall require a variance.

B.

Modification of Standards, Initiation. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a modification of standards. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application. In addition to the application filing requirements, the applicant shall file a statement of the precise nature of the modification of standards requested and reasons for the request.

C.

Planning Director Investigation. The Planning Director or the designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The Planning Director may request written statements from adjoining property owners who may be affected by the proposed application.

D.

Planning Director Action. Based on the investigation undertaken pursuant to C above, the Director or designee shall act to approve, approve with conditions, or deny the modification of standards application. In granting a modification of standards, the Director or designee shall make findings of fact that establish the circumstances appropriate for the approval. Action on a modification of standards application shall be taken within ten days of the date the application is deemed complete.

E.

Modification of Standards Findings. An application shall not be granted unless all of the following findings can be made:

1.

A modification is needed to allow property to be used in a more beneficial manner; and

2.

A modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and

3.

The granting the modification would not grant special privileges to the applicant not enjoyed by surrounding property owners; and

4.

There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations; and

5.

The purpose of modification is not based exclusively on the financial advantage of the owner; and

6.

The alleged difficulties were not created by the owner; and

7.

The modification would not diminish property values in the area;

8.

The modification would not increase traffic or endanger public safety; and,

9.

The modification would not have detrimental effects on adjoining properties.

F.

Modification of Standards, Attachment, Revocation, and Suspension. A modification of standards that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Planning Director shall have the authority to initiate proceedings to suspend or revoke a modification of standards pursuant to provisions set forth in Section 17.02.61.

G.

Modification of Standards, Time Limits. The grantee of a modification of standards shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the modification of standards was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the modification of standards was approved; or

3.

In the event no building permit or occupancy is required, the site for which the modification of standard was approved is occupied; or

4.

Prior to the date on which the modification of standards will elapse, the grantee files an application to renew the permit pursuant to subsection 5 below.

5.

A modification of standards approval subject to lapse may be renewed for an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date.

H.

Approval or Denial of Application. The Planning Director may approve or deny an application for renewal of a modification of standards. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the modification of standards and surrounding properties.

(Ord. 920 §2, 9/2007)