Chapter 17.62 — MODIFICATIONS

The purpose of this chapter is to establish a means of granting a limited amount of relief from the requirements of this Title, when so doing would be consistent with the purposes of this Title. (Ord. 20-03 § 6)

The provisions of this chapter apply to specific development proposals. In no case may a Modification be granted to allow a use or activity that is not otherwise permitted in the district in which the property is located, nor shall a Modification be granted which alters the procedural or timing requirements of this Title.

• A. General Modifications. The Review Authority may grant relief from the development standards specified in this Title, as provided below.

  1. Setbacks.

     • a. The total area of each side, front and/or rear setback area may not be reduced by more than 20 percent of the minimum setback area required pursuant to the applicable district.

     • b. No setback reduction for structures shall result in:

       • i. A front yard setback depth, as measured from the right-of-way or easement line of a street or driveway, of less than 16.5 feet.

       • ii. A side yard setback depth from property lines of less than five feet.

       • iii. A rear yard setback depth from property lines of less than 15 feet.

     • c. No unenclosed, attached porch or entryway may result in a front yard setback depth, as measured from the right-of-way or easement line of a street or driveway, of less than 10 feet.

  2. Parking. A reduction in the required number and/or a modification in the design, loading zone, or location of parking spaces is allowed through a Modification. However, in no case may:

     • a. Any required number of bicycle parking spaces be reduced;

     • b. Any parking or screening requirement Modification be granted for a vehicle with more than two-axles, a recreational vehicle or bus, a trailer or other non-passenger vehicle; or

     • c. Any modification to allow compact spaces may not allow more than 20 percent of all required spaces be compact.

  3. Signs. The allowable signage may be exceeded through the approval of a Modification for the following:

     • a. Maximum area for wall signs in non-residential districts.

     • b. Maximum area for menu boards for drive-through restaurants.

     • c. Maximum area, maximum number, and maximum height for freestanding signs within shopping centers.

• B. Special Modifications. The Planning Commission or City Council may grant relief from the dimensional requirements specified in this Title, as provided below.

  1. Height.

     • a. Structures. The Review Authority may allow an increase in height above the base Zone District height standard as follows:

       • i. Residential Districts.

         • (1) Up to 30%. RS and RMHP Zone Districts.

         • (2) Up to 20%. RP, RM, and RH Zone Districts.

       • ii. Non-Residential Districts. Up to 20 percent.

     • b. Antennas. The Review Authority may increase the allowable height of an antenna based upon the physical requirements and purpose of the facility in order to reasonably accommodate the proposed project.

  2. Lot Coverage. Up to 50 percent of the maximum lot coverage otherwise allowed.

3. Required Finding. The Review Authority for all Special Modifications must make the following good cause finding:

   • a. The requested Modification is of public or community necessity (e.g., a better site or architectural design that will result in better resource protection, will provide a significant community benefit, and/or does not create an adverse impact to the community character, aesthetics, or public views, etc.).

• C. Limits to Modifications. In no case may a Modification be granted for a reduction in a required buffer, open space, or other regulation within this Title, except as provided above.

• (Ord. 20-03 § 6; Ord. 25-10, 12/2/2025)

• A. Authority and Duties. Consideration of a Modification requires a public hearing before the Zoning Administrator or higher Review Authority, if the Modification is concurrently processed with an action requiring Planning Commission or City Council review. The Review Authority may approve, conditionally approve, or deny applications for modifications with consideration of the requirements of this chapter.

• B. Concurrent Processing. If a request for Modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this Title, it must be heard and acted upon at the same time and in the same manner by the same Review Authority.

• C. Design Review. A project requesting a Modification shall be subject to Design Review. (Ord. 20-03 § 6)

To grant a Modification, the following findings must be made:

• A. The Modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, without limitation, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

• B. The Modification is minor in nature and will result in a better site or architectural design and/or will result in greater resource protection than the project without such Modification.

• (Ord. 20-03 § 6)

The approval of a Modification shall be subject to dates and timing of the underlying Zoning Permit as discussed in Section 17.52.090 , Common Procedures—Dates and Timing. (Ord. 20-03 § 6)