Chapter 14.180
EXCEPTIONS
Sections:
14.180.040 Public notice and hearing.
14.180.050 Conditions of approval.
14.180.070 Notice of decision.
14.180.090 Effective date of exception.
14.180.100 Approval to run with the land.
14.180.120 Amendments – New application.
14.180.140 New applications following denial or revocation.
14.180.010 Specific purposes.
The purpose of this chapter is to provide flexibility in the application of selected site development regulations where minor adjustments are needed. Exceptions shall only be granted for the site development standards cited in BMC 14.180.020 (Authority). Exceptions granted shall be compatible with adjoining uses and consistent with the purposes of this title and the specific zoning district in which the subject property is located. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.010]
14.180.020 Authority.
The city planner shall, subject to the provisions of BMC 14.10.030, review requests for exceptions and either (1) approve, conditionally approve or deny request for exception, or (2) forward the request for exception to the planning commission for consideration. The city planner or the planning commission shall review and decide the following types of exceptions to site development standards which may be allowed:
(1) Fences. In any residential district the maximum height of any side or rear yard fence may be increased by a maximum of two feet, where conditions require additional height to maintain adequate privacy and to allow reasonable enjoyment of private yard areas. Fences greater than six feet in height shall not be allowed where residential structures, either within the subject parcel or on an adjacent property, are located less than 10 feet from the subject fence.
(2) Eaves and Overhangs. Eaves and overhangs of less than 18 inches may be allowed where such approval will not significantly reduce the overall character of the surrounding neighborhood. Typically, eaves and overhangs of less than 12 inches in width are not acceptable.
(3) Rolled curbs and/or attached sidewalks may be allowed if adjacent curb on both sides of a subject parcel have existing rolled curbs or attached sidewalks and if such curbs or sidewalks are located on the same street and on the same block. For corner lots, curb and sidewalk configurations of properties nearest the subject parcel and within the same block shall be considered.
(4) Maximum structural height limits may be exceeded in cases where, in the opinion of the planning commission, proposed structures significantly contribute the historic character and/or quality of the community.
(5) Maximum structural height within industrial districts where, in the opinion of the planning commission, the community benefits of increasing the maximum height for an industrial project are significant and potential negative impacts on surrounding land are minimal. Protection of surrounding properties shall be given a high priority during consideration of this exception. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.020]
14.180.030 Application.
Applications for exceptions shall be initiated by submitting the following information to the planning department: a completed application signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps requested by the city planner. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.030]
14.180.040 Public notice and hearing.
Exceptions which are processed administratively by the city planner shall not require a public hearing prior to approval. For exceptions which are forwarded to the planning commission for review, public notice shall be made to all property owners within 300 feet of the subject parcel. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.040]
14.180.050 Conditions of approval.
In approving an exception, the city planner or the planning commission may impose reasonable conditions. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.050]
14.180.060 Findings.
The city planner or the planning commission may approve an application for an exception if the following findings can be made:
(1) That there are special circumstances applicable to the property or proposed structure/use, including but not limited to qualities of the site, the proposed development, the location of the project or surrounding uses that warrant granting of an exception from the strict application of the standards in this title;
(2) That granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.060]
14.180.070 Notice of decision.
The city planner shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.070]
14.180.080 Appeals.
Appeals of the city planner’s determinations on requests for exceptions shall be filed and processed in accordance with Chapter 14.30 BMC (Procedures). [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.080]
14.180.090 Effective date of exception.
(1) An exception shall become effective on the date specified by the written decision by the city planner or the planning commission granting the exception. Such approval date shall indicate the city planner’s or the planning commission’s approval only of the exception and does not eliminate or replace the need to secure a building permit prior to any construction activity.
(2) The rights granted by the exception shall be effective only when exercised within the time period established as a condition of granting the exception, or, in the absence of such established time period, one year from the date the permit becomes effective. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.090]
14.180.100 Approval to run with the land.
Once exercised, any exception granted shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.100]
14.180.110 Extensions.
An exception may be extended by the city planner if the findings required by BMC 14.180.060 (Findings) remain valid and application is made prior to expiration. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.110]
14.180.120 Amendments – New application.
A request for a change in the conditions of approval of an exception, or a change to plans which would affect a condition of approval, shall be treated as a new application for an exception. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.120]
14.180.130 Revocation.
An exception that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.10 BMC (Purpose, Interpretation and Enforcement). [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.130]
14.180.140 New applications following denial or revocation.
If an application for an exception is denied or revoked, no new application for the same, or substantially the same, exception shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.90.140]