Chapter 19.40
ADJUSTMENTS AND VARIANCES
Sections:
19.40.010 Purpose.
This chapter provides standards and procedures for adjustments and variances, which are modifications to development standards that are not otherwise permitted elsewhere in this code. [Ord. 987 § 1 (Exh. A), 2022.]
19.40.020 Intent.
It is the intent of the City of Harrisburg to provide appropriate flexibility in land use standards while meeting the intent of this code to maintain development compatibility with adjacent properties.
1. Adjustments. Adjustments provide limited flexibility in specific code provisions when a code provision has the unintended effect of impeding reasonable development in conformance with other code requirements. Adjustments are allowed in limited situations pursuant to HMC 19.40.030.
2. Variances. Variances provide greater flexibility to code standards than adjustments, where the physical characteristics of a site or its surroundings prevent reasonable development in compliance with a code standard.
3. Adjustment and variance applications may be processed concurrently with any other application authorized by the development code. [Ord. 987 § 1 (Exh. A), 2022.]
19.40.030 Adjustments.
Adjustments are intended to encourage design proposals that respond to the intent of the code and creatively meet or exceed the specific development standards and allow adjustment to the identified code standards in an efficient and effective manner. Adjustments are subject to the following standards and procedures. (Allowed uses by zoning district, as provided in Division 2 of HMC Title 18, shall not be adjusted.)
1. Applicability. The City Administrator or Planning Commission, through a Type II procedure, may adjust the following standards where the criteria in subsection (2) of this section are met:
a. Setbacks: Up to a 15 percent reduction to a minimum setback.
b. Lot coverage: Up to a 20 percent increase to the maximum lot coverage.
c. Landscaping/irrigation: Up to a 30 percent reduction in required landscaping and irrigation.
d. Lot dimensions: Up to a 10 percent decrease to a minimum lot dimension.
e. Lot area: Up to a 10 percent decrease in minimum lot area.
f. Other dimensional standards: Up to a 10 percent increase or decrease in a quantitative (numerical) standard not listed above. This option is limited to standards in Division 2 of HMC Title 18 (Table 18.45.030 and Chapter 18.50 HMC, Special Use Standards) and Division 3 of HMC Title 18; it does not include building code requirements, engineering design standards, public safety standards, or standards implementing State or Federal requirements, as determined by the City Administrator.
2. Approval Criteria. The City may grant an adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.
a. The adjustment allows for a building plan that is compatible with adjacent land uses, and it does not create a conflict with adjacent uses;
b. Approval of an adjustment is necessary in order for the applicant to develop his property consistent with the “highest and best” uses of the zone or to allow less intensive development consistent with the zoning that could not otherwise occur;
c. Approval of the adjustment does not create (a) violation(s) of any State or Federal regulation or other adopted ordinance or code standard, and does not create the need for a variance;
d. Requests for more than one adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the City;
e. All applicable building code requirements and City Engineering and Public Works design standards shall be met. [Ord. 1002 § 2 (Exh. B), 2024; Ord. 987 § 1 (Exh. A), 2022.]
19.40.040 Variances.
1. Applicability. A variance is a code adjustment that does not otherwise meet the criteria under HMC 19.40.030. (Permitted uses, as provided in Chapters 18.40 to 18.55 HMC, shall not be adjusted with a variance.)
2. Approval Criteria. The Planning Commission through a Type III procedure may approve a variance upon finding that it meets all of the following criteria:
a. The variance is necessary because the subject code provision does not account for special or unique physical or historical circumstances of the subject site, existing development patterns, or adjacent land uses. If an existing lot or development is nonconforming, the City may accept the nonconforming status as sufficient evidence of a hardship for purposes of approving a variance under this section;
b. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
c. The variance does not conflict with other applicable City policies or other applicable regulations;
d. The variance will result in no foreseeable harm to adjacent property owners or to the public interest;
e. All applicable building code requirements and engineering design standards shall be met;
f. The variance is necessary for the preservation and enjoyment of the same property rights as possessed by owners of other property in the same zone; and
g. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or the community as a whole. [Ord. 987 § 1 (Exh. A), 2022.]
19.40.050 Expiration.
Approvals granted under this chapter shall expire if not acted upon by the property owner within 18 months of the City approving the variance. Where the owner has applied for a building permit or final plat, has made site improvements consistent with an approved development plan (e.g., site design review or preliminary subdivision plan), or provides other evidence of working in good faith toward completing the project, the City Administrator may extend an approval accordingly. [Ord. 987 § 1 (Exh. A), 2022.]