20.28.030 Process.
A. In accordance with Chapter 21.10 BMC, all housing forms will use either a Type I or II process, and all land use applications may be consolidated under the highest type. Design review applies as outlined in Chapter 20.25 BMC with additional design standards and guidelines as specified under each housing type.
B. Modifications – General. Applicants may request minor modifications to the development and design standards set forth in this chapter. The planning director or hearing examiner, when the hearing examiner makes the final decision on a design review application consolidated pursuant to BMC 21.10.060, may modify the requirements if all the following criteria are met:
1.
a. The site is constrained due to unusual shape, topography, easements, sensitive areas, the location of pre-existing improvements, or other extraordinary situation or condition, or
b. The granting of the modification establishes a better development pattern found to be compatible with adjacent development (existing and anticipated) including, but not limited to, pedestrian-oriented development, setbacks, lot orientation, or other contextual elements associated with the proposed development; and
2. The modification is consistent with the purpose and intent of this chapter.
C. Modifications – Mixed Housing. When proposing a mix of housing types and/or uses within a project, including multifamily and commercial development when allowed by the underlying zoning, general development standards applicable to each use and housing type may be modified at the discretion of the planning director to account for conflicts between standards for each use and/or housing type. Examples include:
1. When multifamily under Chapter 20.32 BMC is proposed as a mixed use with townhouses under BMC 20.28.140, there are no internal setbacks between buildings, minimum lot sizes, or minimum lot dimensions and open space and parking areas may be consolidated.
2. Internal setbacks, open space, usable space, lot coverage, and other standard requirements may be averaged or reduced to the minimum allowed by any housing type or use proposed within a development. In some cases, the director may require the maximum or increased standards to mitigate a reduction in other standards.
The objective for granting administrative modifications in this subsection (C) shall be to facilitate a unified internal design that minimizes the presence of private surface parking, is compatible with abutting development (existing or anticipated), reduces conflict and redundancy in regulations and is consistent with the purpose and intent of this chapter.
D. Modification – Front Porches. The minimum sizes of front porches as specified for each housing type in this chapter may be averaged within a project when consistent with a plan to provide greater diversity and individuality in housing designs.
E. Property ownership may be held in common, through a subdivision or a binding site plan. [Ord. 2022-01-002 § 6; Ord. 2009-08-047].