Chapter 23.131 — Adjustment

This chapter allows for adjustments to certain zoning code provisions to allow creative design solutions and to accommodate unique site conditions.

(Ord. 27-2008 § 1 (Exh. A § 1.11.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

• A. An adjustment may be granted to modify certain requirements of this zoning code, as listed in Table 23.131-1.

• B. Under no circumstances shall an adjustment result in any of the following:

  1. Allow a land use not otherwise permitted in the zone;

  2. Waive a specific prohibition (e.g., prohibited sign);

  3. Waive or modify a procedural requirement; or

  4. A modification of standards greater than the maximum reduction or increase specified in Table 23.131-1 (Standards Subject to Adjustment).

• (Ord. 27-2008 § 1 (Exh. A § 1.11.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for an adjustment shall be filed in accordance with RCMC § 23.110.040 (Application requirements). (Ord. 4-2017 § 3 (Exh. B))

Adjustments are a limited discretionary decision by the director in accordance with RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B))

No public hearing is required for review and processing of an adjustment unless requested pursuant to RCMC § 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC § 23.110.120 (Notice of public hearing) and RCMC § 23.110.130 (Public hearing procedures), respectively.

(Ord. 4-2017 § 3 (Exh. B))

The notice of decision shall be issued in accordance with RCMC § 23.110.140 (Notice of decision). (Ord. 4-2017 § 3 (Exh. B))

The approval authority shall approve or approve with conditions an application for an adjustment after finding all of the following. If the approval authority does not make all of these findings, the adjustment shall not be approved.

• A. That the proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.

• B. That the proposed development is compatible with existing and proposed land uses in the surrounding area.

• C. That any exceptions to, or deviations from, the density requirements or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).

• D. Granting the adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.

• E. The adjustment is consistent with the General Plan or any applicable Specific Plan or development agreement.

F. The adjustment is the minimum required to achieve the desired result. (Formerly 23.131.040; Ord. 27-2008 § 1 (Exh. A § 1.11.040); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))

In approving an adjustment, the approval authority:

• A. Shall impose conditions to ensure that the adjustment does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

• B. May impose any reasonable conditions (e.g., the placement, height, nature, and extent of the use, buffers, landscaping and maintenance, off-site improvements, performance guarantees, screening, surfacing, hours of operation) to ensure that the approval complies with the findings required by this chapter.

(Formerly 23.131.060; Ord. 27-2008 § 1 (Exh. A § 1.11.060); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Appeals of an adjustment may be filed in accordance with RCMC § 23.110.160 (Appeals).

(Ord. 4-2017 § 3 (Exh. B))

Adjustments shall expire three years from the date of approval, unless:

• A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; or actual occupancy of an existing building or land occurs under the terms of the permitted use.

• B. An extension is filed for and approved in accordance with RCMC § 23.110.070 (Extension of land use entitlement).

Notice of expiration of an adjustment shall be issued to permit holder in writing at least 10 days prior to the expiration becoming final. The permit holder may make a written request for a hearing before the director to challenge the expiration. Such hearing must be held prior to the final expiration date, unless an extension is granted by the director. Director decisions following the hearing are final. (Ord. 4-2017 § 3 (Exh. B))

An applicant may request an amendment to an adjustment after the final written decision is issued. Amendments shall be processed in accordance with RCMC § 23.110.180 (Amendments).

(Ord. 4-2017 § 3 (Exh. B))