Chapter 17.17
MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT
Sections:
17.17.020 Modification to permitted development and uses regulated.
17.17.040 Modification of approved and existing Class (1) uses and development.
17.17.050 Modification of approved and existing Class (2) and (3) uses and development.
17.17.070 Fee credits for denied modifications.
17.17.010 Purpose.
This chapter establishes provisions for the review of proposed modifications to existing or approved Class (1), (2) or (3) uses and certain other modifications that may be administratively approved under the provisions of this chapter. (Ord. 956(part), 1993)
17.17.020 Modification to permitted development and uses regulated.
All modifications to existing or approved Class (1), (2) or (3) uses or development are subject to and shall be reviewed under the provisions of this chapter; provided, that an applicant may apply directly for Class (2) or (3) review. Any required time extensions for completion of required improvements or conditions shall be made and considered in accordance with the procedures established in Section 17.12.060(C) for extending development permits. Changes in nonconforming uses and expansions of nonconforming structures are subject to the provisions of Chapter 17.19; except that a structure that is nonconforming only by reason of excessive building height or substandard setbacks may be altered or expanded under the modification provisions of Section 17.17.050 when the alteration or expansion: (A) Does not increase the degree of nonconformity; and (B) complies with development standards of the district in which it is located; and (C) the nonconforming structure is occupied by a Class (1) or (2) use or single-family dwelling or duplex; and (D) in the case of expanding a nonconforming single-family dwelling or duplex, the proposed expansion is fifty percent or less of the existing building area. Uses or development not legally established prior to or under this title may not be changed or modified under this chapter. (Ord. 956(part), 1993)
17.17.030 Exemptions.
The following modifications are exempt from the review provisions of this chapter and title; provided, that they do not involve a required site improvement:
A. Normal structural repair and maintenance;
B. Changes to conforming structures which do not involve any structural alteration as defined by this title including the rehabilitation of dwelling unit(s) when such rehabilitation does not expand the number of dwelling units nor physically expand the structure;
C. Alteration to land, including grading, leveling, paving, or excavation, the fair market value of which is less than five hundred dollars;
D. The placement of a sign in conformance with the sign standards in Chapter 17.08;
E. Other items exempt under Section 17.12.020(C). (Ord. 956(part), 1993)
17.17.040 Modification of approved and existing Class (1) use, and development.
A. Review of proposed modifications to approved Class (1) uses and to existing Class (1) uses and which do not require Class (2) or (3) review shall be conducted by the building official under the provisions of Chapter 17.13. The provisions of Chapter 17.13 shall also be used to review the replacement of:
1. A nonconforming mobile or manufactured home on an individual lot with a manufactured home that is newer and the same size or larger;
2. A nonconforming mobile or manufactured home on an individual lot with a manufactured home;
3. A manufactured home with another manufactured home that is newer and the same size or larger.
B. The modification provisions of Section 17.17.050 shall be used to review the replacement of:
1. A nonconforming mobile or manufactured home on an individual lot with another manufactured home that is older or smaller;
2. A manufactured home with another manufactured home that is older or smaller. (Ord. 1224 §2(Exh. 1 §11), 2010: Ord. 956(part), 1993)
17.17.050 Modification of approved and existing Class (2) and (3) uses and development.
A. Application. Requests for modification to existing uses or development requiring Class (2) or (3) review, and uses and developments approved after Class (2) and (3) review, shall be made in writing to the planning department on forms supplied by the department and in accordance with the general procedures of Chapter 17.11. A site plan conforming to the provisions of Section 17.11.040 shall accompany the application. In the case of an approved Class (2) or (3) use or development, the site plan shall be the site plan previously approved by the reviewing official. The site plan shall also show the location, size, and type of modification proposed by the applicant.
B. Determination. Modifications to existing uses or development requiring Class (2) or (3) review or uses and developments approved after Class (2) and (3) review may be administratively and summarily approved by the planning department if the department determines:
1. Any proposed change in the site design or arrangement:
a. Will not increase residential density; and
b. Will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least); and
c. Will not change or modify any special condition previously imposed under Class (1), (2) or (3) review; and
d. Will not increase the height of any structure; and
e. Will not adversely reduce the amount of existing landscaping or the amount or location of required site screening; and
f. Will not expand an existing nonconforming use, except as provided for in Section 17.17.020, or render a conforming structure nonconforming; and
g. In the determination of the fire department will not create or materially increase any adverse impacts or undesirable effects on the project.
2. Any new use or change in use proposed:
a. Is a Class (1) or (2) use in that particular district; and
b. Is similar in character and hours to the operation and the use originally approved or existing; and
c. The off-street parking and site screening requirements for the new use are equal to or less than the existing use.
3. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of Chapters 17.05 through 17.08.
Any proposed modification that does not meet all the requirements of this subsection shall be denied and be subject to the review procedures of Chapter 17.14 for modifications of Class (1) and (2) uses and Chapter 17.15 for modifications of Class (3) uses.
C. Decision and Notification of Decision. The fire department shall make and issue a written decision with simple findings and reasons for such decision within ten days following the receipt of the completed application for modification of development. The department shall mail its decision to the applicant.
Denials shall be final unless the applicant within fourteen days of the mailing of the decision: (1) files a proper application for Class (2) or (3) review as appropriate, or (2) appeals the decision.
Decisions to administratively approve modifications shall constitute a certificate of zoning review and shall be forwarded immediately to the building official for the issuance of a development permit. In the issuance of a decision to administratively approve a modification, the planning department has the authority to impose conditions necessary to assure compliance with the development and design standards of Chapters 17.05 through 17.08 as would be allowed to the building official. However, the fire department has no authority to impose special conditions of approval or to adjust site design or development standards. (Ord. 956(part), 1993)
17.17.060 Appeals.
Decisions by the planning department regarding approval or denial of administrative modifications may be appealed to the planning commission under the provisions of Chapter 17.16. (Ord. 956(part), 1993)
17.17.070 Fee credits for denied modifications.
In the event of denial of an application for administrative modification and if the application for Class (2) or (3) review is made by the applicant within fourteen days of said denial, he shall receive a credit towards the required fee for such review in the amount of the fee submitted with the application for administrative modification. This provision shall not apply in the event that any appeal of the denial is taken under Section 17.17.060. (Ord. 956(part), 1993)