Chapter 18.425
MINOR EXCEPTIONS
Sections:
18.425.050 Review, notice, and hearing.
18.425.060 Findings and decision.
18.425.070 Reasonable accommodations findings.
18.425.090 Post-decision procedures.
18.425.010 Purpose.
This chapter establishes a procedure to allow minor exceptions from specified regulations in the development code. [Ord. 12-4. DC 2012 § 122-950].
18.425.020 Applicability.
A minor exception to the development standards listed in Table 18.425.020 shall be approved if the review authority can make the findings identified in CDC 18.425.060.
|
Type of Minor Exceptions Allowed |
Maximum Adjustment |
|---|---|
|
Fence or wall height for residential uses |
Up to maximum height of eight feet |
|
An increase in the maximum allowable height of a fence or wall. |
|
|
Landscaping area |
Up to 10 percent |
|
A decrease in the minimum landscaping area requirements. |
|
|
Loading |
50 percent or up to two spaces, whichever is less |
|
A decrease in the number of required loading spaces. |
|
|
Up to 10 percent |
|
|
An increase in the maximum allowable lot coverage. |
|
|
Lot size |
Up to 10 percent |
|
A decrease in the minimum parcel area required for one single lot. |
|
|
Lot width or depth |
Up to 10 percent |
|
A decrease in the minimum required parcel depth, or width, consistent with other parcels located along the same block and within the same zoning district. |
|
|
Parking for nonresidential uses |
Up to 10 percent |
|
A decrease or increase in the number of required parking spaces. |
|
|
Front: |
Minimum setback of 15 feet, 18 feet for garages or carports for single-family residential |
|
Side: |
Minimum setback of 3 feet with 10-foot aggregate for single-family residential |
|
Rear: |
Up to 25 percent of required setback for single-family residential |
|
Nonresidential: |
Up to 25 percent |
|
Structure height. An increase in the maximum allowable structure height. |
|
|
Single-family residential: |
10 percent |
|
Multifamily or nonresidential: |
See CDC 18.150.070 |
|
Reasonable accommodations |
See CDC 18.425.070 |
|
Required variance |
A request that exceeds the limitations identified in this section shall require a variance in compliance with Chapter 18.430 CDC (Variances). |
[Ord. 18-1 § 1 (Exh. D); Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-951].
18.425.030 Review authority.
A. Planning Division. The planning division may render a decision a minor exception if a public hearing is not requested, pursuant to CDC 18.500.040.
B. Zoning Administrator. When a hearing is requested, the zoning administrator shall hold a public hearing in compliance with Division VIII of this title (Administration). [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-952].
18.425.040 Application.
Applications for minor exceptions shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the administrative permit checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.425.060 (Findings and decision). [Ord. 12-4. DC 2012 § 122-953].
18.425.050 Review, notice, and hearing.
A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.
B. Notice. The planning division shall provide public notice of its intent to render a decision on the minor exception unless a public hearing is requested in compliance with Chapter 18.500 CDC (Public Hearings). The notice shall state that a public hearing will be held only if requested in writing by any interested person prior to the date specified in the notice.
C. Hearing. When a hearing is requested, notice of hearing shall be provided in compliance with Division VIII of this title (Administration), and the zoning administrator shall conduct the hearing prior to making a decision on the application, in accordance with Division VIII of this title (Administration). [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-954].
18.425.060 Findings and decision.
Minor exceptions may be approved with or without conditions of approval, based on all of the following findings (for requests for reasonable accommodation see subsection (B) of this section):
A. No practical alternative exists that will result in a superior project with regard to its appearance, relationship with existing buildings and improvements, visibility, and impacts to neighboring properties including privacy, noise, view, and lighting impacts;
B. Other provisions of the development code will not be compromised;
C. No negative impact will result; and
D. The project will otherwise comply with all applicable development code standards and requirements. [Ord. 17-5 § 2 (Exh. H); Ord. 12-4. DC 2012 § 122-955].
18.425.070 Reasonable accommodation findings.
A minor exception for a reasonable accommodation may be approved, with or without conditions of approval, if the exception is necessary to reasonably accommodate the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA), based on the following findings:
A. The request is necessary to make specific housing available to the applicant due to the applicant’s disability;
B. There are no other feasible alternatives that would provide an equivalent level of benefit; and
C. The request will not impose an undue financial or administrative burden on the city. [Ord. 12-4. DC 2012 § 122-956].
18.425.080 Decision.
The decision shall be in writing, stating the reason for the decision based on the findings and any conditions of approval. [Ord. 12-4. DC 2012 § 122-957].
18.425.090 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a minor exception. [Ord. 12-4. DC 2012 § 122-958].