Chapter 16.41
ADJUSTMENTS
Sections:
16.41.010 Purpose.
16.41.020 Authorization and procedures.
16.41.030 Adjustment criteria.
16.41.040 Adjustment conditions.
16.41.050 Transfer of adjustment.
16.41.010 Purpose.
An adjustment is intended to provide flexibility, adaptability, and reasonableness in the application and administration of development standards where special circumstances related to the land or buildings exist. Deviation from quantifiable standards is provided for in MCC 16.41.030. Any deviation must be carefully reviewed to ensure that criteria justifying the deviation are met, and to ensure that the extent and impact of deviation will be that minimum degree which is reasonably necessary to meet the special circumstances. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.01.]
16.41.020 Authorization and procedures.
A. An adjustment shall only be allowed to the development standards in the applicable zone or the requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC.
B. An adjustment may be approved if the procedures in Chapters 16.36 and 16.37 MCC are followed and it is found that the criteria in MCC 16.41.030 are met.
C. No adjustment authorizing a use not otherwise permitted for the subject property shall be granted. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.02.]
16.41.030 Adjustment criteria.
The development standards in the applicable zone and the development requirements in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC protect the public health, safety and welfare by establishing standard setbacks, maximum building heights and other development standards that apply to various uses. For lands or uses with unique characteristics, the intent and purpose of the development standards may be maintained while allowing for minimal adjustments to quantifiable requirements. The following criteria shall be used to review and decide applications for adjustments:
A. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and
B. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and
C. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and
D. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or the proposed development maintains the intent and purpose of the provision to be adjusted. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.03.]
16.41.040 Adjustment conditions.
Such conditions as are deemed appropriate so that the criteria specified in MCC 16.41.030 will be most effectively met may be imposed, and such conditions may be considered in making findings as to those criteria. The effective date or duration of an adjustment may be limited. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.04. Formerly 16.41.050.]
16.41.050 Transfer of adjustment.
Unless otherwise provided in the final decision granting the adjustment, any adjustment granted pursuant to this chapter shall automatically transfer to any new owner or occupant subject to all conditions of approval. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 41.05. Formerly 16.41.060.]