§ 16.16.100. Minor use permits—Minor exceptions.

A.

Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the development code, selected site development regulations and applicable off-street parking requirements are subject to administrative review and adjustment, in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the general plan and intent of this code.

B.

Authority. The community development director may grant minor use permits for minor exceptions to ordinance requirements in accordance with the procedures in this section where there is a justifiable cause or reason, subject to the appeal provisions of Section 16.12.150 of this title. Any minor exception granted shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of a minor exception.

The community development director is limited to granting minor exceptions for the following:

1.

Fence Height. In any district, a maximum height of any fence, wall, or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall, or screening in similar circumstances.

2.

Setbacks. In any residential district, the community development director may decrease minimum setbacks by not more than ten (10) percent where such decreases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

3.

Lot Coverage. In any district the community development director may increase the maximum allowable lot coverage by not more than ten (10) percent of the lot area where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

4.

Height. In any district the community development director may authorize a ten (10) percent increase in the maximum allowable building height. Such increases may be approved only where necessary to significantly improve the site plan or architectural design and where scenic views or solar access on surrounding properties are not affected.

5.

Parking. In any district the community development director may waive strict adherence to the parking standards contained in Chapter 16.56 when a change or expansion in use is proposed in an existing building or an addition or enlargement of an existing single-family residence is proposed and it is not feasible to provide sufficient on-site parking on the parcel. A minor exception may also be granted for parking space size of up to two feet.

6.

Deviations from standards described in Design Guidelines and Standards for Historic Districts pertaining to Design Overlay District 2.4.

7.

Minor Items. A minor exception may be considered for other minor development regulations. If the minor development regulation is not listed above, the planning commission may make an interpretation. The planning commission must make the findings that such a request is compatible with adjoining uses, is consistent with the goals and objectives of the general plan and intent of the development code, and that the item is minor in scale.

C.

Submittal and Review Requirements.

1.

An application for a minor use permit for a minor exception shall contain:

a.

Completed planning application form and required fee and attachments (see also Section 16.12.030);

b.

Statement of the precise nature of the exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title;

c.

Such sketches, drawings diagrams, or photographs that may be necessary to clearly show applicant's proposal;

d.

Additional information as required by the community development director.

2.

Upon acceptance of a minor use permit for a minor exception application, the community development director shall review the request for compliance with the provisions of this title. The community development director shall render a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title.

3.

Notice of the decision shall be mailed to the applicant and to property owners of parcels within three hundred (300) feet of the property for which a minor exception has been requested and reported in accordance with Section 16.12.155. The notice shall indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the planning commission, public works and building and fire departments.

D.

Findings. The community development director shall make all the following findings prior to approving an application for a minor exception:

1.

That the strict or literal interpretation and endorsement of the specified regulation would result in practical difficulty or unnecessary physical hardship;

2.

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district;

3.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district;

4.

That the granting of the minor use permit for a minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

5.

That the granting of a minor use permit for a minor exception is consistent with the objectives and policies of the general plan and the intent of this title.

(Ord. 573 Exh. A (part), 2005: Ord. 544 § 3, Exh. B (part), 2003: prior code § 9-03.120)