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A. Applicability. Front yard when the setback is not reduced to less than twenty feet, side and rear yard setbacks, distances between structures or buildings, or lot coverage limits by accessory structures or accessory buildings required by this code may be modified by the zoning inspector in accordance with the provisions below. The approval of a modification under this section does not waive or modify building code or fire code regulations.
B. Application. Requests for modification of setback requirements or lot coverage limits for accessory structures or accessory buildings shall be made on application forms provided by the development services department.
1. The application shall include:
a. Legal description,
b. Signatures of the property owners of record or the authorized agent of the owner,
c. A letter of authorization if the property owner is represented by an agent,
d. A sketch plan showing existing and proposed buildings and structures, access, parking, and distances from buildings and structures to property lines and to other buildings and structures,
e. An elevation drawing, if determined necessary by the zoning inspector, showing the existing and proposed building or structure,
f. A statement describing the ability and intent of the property owner to apply for necessary county permits within nine months of receiving approval of the modification of the setback requirements or lot coverage limits for accessory structures or accessory buildings, and
g. A statement describing how the proposal complies with the standards in subsection D of this section,
h. Any other information reasonably necessary to evaluate the application which is required by the zoning inspector,
i. Applicable fee: The board of adjustment standard base fee in accordance with the adopted fees schedule. No public hearing fee shall apply to a modification of setback requirements or lot coverage limits application.
C. Notice to owners of affected properties.
1. Mailed notice including a sketch plan shall be sent to:
a. Property owners adjacent to the applicant's property,
b. Property owners within one hundred feet of the applicant's property line but separated by a public or private road or private common area, and
c. Property owners determined by the zoning inspector to be affected by the request.
2. The zoning inspector may waive the giving of notice if the applicant submits written consents to the modification signed by all owners of affected property as defined in paragraph 1 above.
D. Standards. The zoning inspector shall grant a modification of the setback requirements or lot coverage limits for accessory structures or accessory buildings only after a finding is made that the following standards have been met:
1. The reduced setback or increased lot coverage by accessory structures or accessory buildings will not substantially reduce the amount of privacy that would be enjoyed by nearby residences;
2. Significant views of prominent land forms, unusual stands of vegetation, or parks from nearby properties will not be obstructed any more than would occur if the setback was not modified or if the lot coverage limits for accessory structures or accessory buildings were maintained;
3. Traffic visibility on adjoining streets will not be adversely affected;
4. Drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way;
5. Proposed buildings and structures will not interfere with the optimum air temperature/solar radiation orientation of buildings on adjoining properties;
6. The location or lot coverage of proposed buildings and structures, and the activities to be conducted therein, will not impose objectionable noise levels or odors on adjoining properties.
E. Action by the Zoning Inspector.
1. The zoning inspector shall review all the submitted information and provide a written response to the petitioner of the action.
2. The response shall state the reasons for the decision if the request is denied.
3. If granted, building permits may be issued for the building or structure and shall be in accordance with Section 18.93.050(A) and (B).
F. Appeals or Referral to the Board of Adjustment.
1. The applicant may elect to file directly to the board of adjustment for a variance.
2. The applicant may appeal the decision of the zoning inspector to the board of adjustment and be heard in accordance with Section 18.93.030.
3. If a protest to a setback modification or a modification to lot coverage limits for accessory structures or accessory buildings is submitted in writing within fifteen days of the date of the mailing of notice by an owner of affected property as defined in this section, the zoning inspector shall refer the application to the board of adjustment to be heard in accordance with Section 18.93.030. Protests may be based only upon characteristics of the development that would not be allowed by the zoning code without the modification.
4. The zoning inspector may refer an application to the board of adjustment to be heard in accordance with Section 18.93.030.
G. Specific Plans. The modification of setback requirements and lot coverage limits processes may be applied to specific plan development standards subject to the requirements of Section 18.07.070(A) through (F) and the following:
1. Modification of the development standard does not meet the definition of a substantial change as defined in Section 18.90.080(C);
2. The development standard is not a specific plan ordinance condition;
3. A request to waive a subdivision plat note may also be required if the development standard is stated on a subdivision plat for reasons other than for convenient reference during staff review;
4. Each application shall apply for an individual lot or parcel or, at most, to two contiguous lots or parcels.
(Ord. 2017-3 § 1 (part), 2017; Ord. 2011-2 § 3 (part), 2011; Ord. 2008-70 § 3 (part), 2008; Ord. 1991-32 § 1, 1991)