Chapter 7.19

Chapter 7.19 Zoning Administration

7.19.10 Purpose of Chapter

The purpose of this Chapter is to establish procedures governing General Plan amendments, Specific Plan amendments, Zoning Map or Zoning Ordinance text amendments, Conditional Use Permits, variances, and Standards Modifications.

7.19.20 Applicability of Chapter

This Chapter applies to all existing and proposed land uses, structures, and lots in the City of La Habra Heights.

7.19.30 General Plan Amendments

This Section is established to permit the amendment of the City of La Habra Heights General Plan.

A. Providing Proof of Vested Interest. An application to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. Proof of ownership or authorization to apply shall be included as part of any application along with a notarized signature.

B. General Plan Amendments for Properties Under Multiple Ownership. If the property for which the General Plan Amendment is proposed is under more than one (1) ownership, all owners shall be required to sign the application and the signatures must be notarized.

C. General Plan Amendments Initiated by the City Council. The City Council may initiate an application to amend the General Plan to the fullest extent permitted by State law.

D. Review of Application by Community Development Director. The Community Development Director shall review the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and providing a recommendation. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing.

E. Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Article, the General Plan, and the development policies of the City.

F. Planning Commission Action. The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the Planning Commission is required to recommend approval, approval with modifications, or denial. The Planning Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk.

G. City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Articles 2 and 8. At the hearing, the City Council shall review the Commission’s recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the General Plan, this Article, and other pertinent development policies of the City.

H. City Council Action. The City Council shall act to approve or deny the application. A majority vote of the entire City Council is required to amend the General Plan. The City Council’s action to amend the General Plan shall be by Resolution.

I. Required Findings. Prior to approving a General Plan Amendment, the City Council shall make the following findings:

1. The proposed General Plan Amendment is in the public interest and there will be a community benefit resulting from the amendment.

2. The proposed General Plan Amendment is consistent with the goals and policies of the General Plan.

3. The proposed General Plan Amendment will not adversely affect surrounding properties.

7.19.40 Specific Plan Amendments

This Section is established to permit the amendment of Specific Plans.

A. Specific Plans Amendments. The City Council or a private property owner may initiate an application to amend any Specific Plan to the fullest extent permitted by State law. A private application to amend a Specific Plan may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. Proof of ownership or authorization to apply shall be included as part of any application along with a notarized signature.

B. Review of Application by Community Development Director. The Community Development Director shall review the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and providing a recommendation. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing.

C. Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed Specific Plan Amendment is consistent with the objectives of this Article, the General Plan, and the development policies of the City.

D. Planning Commission Action. The Planning Commission shall act by Resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed Specific Plan amendment. A majority vote of the Planning Commission is required to recommend approval, approval with modifications, or denial. The Planning Commission’s Resolution shall be transmitted to the City Clerk.

E. City Council Public Hearing. Upon receipt of a Planning Commission Resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Articles 2 and 8. At the hearing, the City Council shall review the Commission’s recommendation and may receive evidence as to how or why the proposed Specific Plan Amendment is consistent with the General Plan, this Article, and other pertinent development policies of the City.

F. City Council Action. The City Council shall act to approve or deny the application. A four-fifths (4/5) vote of the entire City Council is required to amend the Specific Plan. The City Council’s action to amend the Specific Plan shall be by Resolution.

G. Required Findings. Prior to approving a Specific Plan Amendment, the City Council shall make the following findings:

1. The proposed Specific Plan Amendment is in the public interest and there will be a community benefit resulting from the amendment.

2. The proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan.

3. The proposed Specific Plan Amendment will not adversely affect surrounding properties.

7.19.50 Zoning Map or Zoning Ordinance Text Amendment

Because physical, economic, and other conditions in the City may change over time, provisions are hereby made to allow for amendments to the Zoning Map or Zoning Ordinance Text in accord with the procedures outlined in this Section. All such changes to the Zoning Map and Zoning Ordinance Text shall be adopted in the manner in which other City ordinances are adopted.

A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate the application for a change to the Zoning Map or Zoning Ordinance Text. Proof of ownership or authorization to apply and a notarized signature shall be included as part of any application.

B. Zone Changes for Properties Under Multiple Ownership. In the case of a change of Zone for properties under multiple ownership, all owners shall be required to provide notarized signatures on the application.

C. City Council Initiated Zone Change. The City Council may initiate an application to change the Zoning Map or Zoning Ordinance Text.

E. Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8.

F. Planning Commission Action. The Planning Commission shall act by Resolution to recommend to the City Council approval, approval with conditions, or denial of the proposed application.

G. City Council Public Hearing. Upon receipt of a Planning Commission Resolution recommending approval or denial of Zoning Map or Zoning Ordinance Text amendment, the City Clerk shall set the matter for hearing before the City Council. At the hearing, the City Council shall review the Planning Commission’s recommendation and receive evidence as to how or why the proposed change of Zoning Map or Zoning Ordinance Text is consistent with the objectives of this Article, the City of La Habra Heights General Plan and development policies of the City.

H. City Council Action. The City Council is responsible for making a final decision regarding a Zoning Map and/or Zoning Ordinance Text Amendment. The City Council shall act to approve, approve with conditions, or deny the application. Prior to approving a change to the Zoning Map or Zoning Ordinance Text, the City Council shall make the following findings:

1. The proposed change of Zoning Map or Zoning Ordinance Text is in the public interest and there will be a community benefit resulting from the change.

2. The proposed change of Zoning Map or Zoning Ordinance Text is consistent with the other goals and policies of the General Plan.

3. The proposed change of Zoning Map or Zoning Ordinance Text will not adversely affect surrounding properties.

7.19.60 Conditional Use Permits

Certain land uses, due to the use, intensity, or size, may require special review to determine if the use is compatible with surrounding uses or whether the use can be made compatible through the imposition of certain conditions of approval. The Conditional Use Permit is provided for this purpose.

A. Providing Proof of Vested Interest. Any person that is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Conditional Use Permit. Proof of ownership or authorization to apply and a notarized signature shall be included as part of any application. Proof of ownership or authorization to apply shall be included as part of any application along with a notarized signature.

B. Scope of Application. Applications for Conditional Use Permits may be submitted only for those uses specified as allowable conditional uses in the applicable Zone District. A Conditional Use Permit is not a substitute for a change of Zoning Map or Zoning Ordinance Text.

C. Review of Application by Community Development Director. The Community Development Director shall review the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and providing a recommendation. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing.

D. Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings required by this Article.

E. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission approval shall become effective immediately upon the conclusion of the appeal period. Planning Commission decisions may be appealed to the City Council pursuant to the requirements of Article 8.

F. Required Findings. The Planning Commission (and the City Council upon appeal) may approve or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings are made:

1. The proposed use is one conditionally permitted within the subject Zone District.

2. The proposed use would not impair the integrity and character of the Zone in which it is located and will adhere to all applicable performance standards.

3. The subject site is physically suitable for the type of land use being proposed.

4. The proposed use is compatible with land uses adjacent to the subject property.

5. The proposed use would be compatible with future land uses within the Zone District and the general area in which the proposed use is to be located.

6. There would be adequate provisions for water, sanitation, circulation, and public utilities and other services.

7. There would be adequate provisions for public access to serve the use.

8. The proposed use is consistent with the goals, policies and general land uses of the City of La Habra Heights General Plan.

9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare.

10. The proposed use is not in conflict with the neighborhood and community character and will maintain views and privacy.

G. Imposition of Conditions of Approval. The following provisions apply to the imposition of conditions of approval:

1. In approving a Conditional Use Permit, the Planning Commission (or City Council upon appeal) may impose such conditions as it deems necessary.

2. Approved conditions shall be binding upon the applicant and its heirs, successors, or assignees.

3. Any required deed restriction must be recorded with the Los Angeles County Clerk after approval by the City Attorney.

H. Conditional Use Permit Time Limits. The grantee of a Conditional Use Permit shall have one (1) year from the effective date of the permit to establish a right to use under the permit or the Conditional Use Permit shall lapse and become void. For the purposes of this section, such a right to use shall be established where any of the following occur:

1. A Building Permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Conditional Use Permit was approved.

2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Conditional Use Permit was approved.

3. In the event no building permit or occupancy is required, the site for which the Conditional Use Permit was approved is occupied and used for the permitted purpose.

4. Prior to the date on which the Conditional Use Permit will lapse, the grantee files an application to renew the permit pursuant to subsection I below.

I. Conditional Use Permit Lapse in Time. A Conditional Use Permit subject to lapse may be renewed for up to an additional one-year period provided that the application for renewal is filed with the Community Development Department prior to the expiration date.

7.19.70 Variances

The Variance procedure is provided to grant relief from Zoning provisions when, because of special circumstances applicable to a property (such as size, shape, topography, location, or surroundings), the strict application of this Article deprives such property of privileges enjoyed by other similar properties in the vicinity and/or under the identical Zone classification.

A. Limitations in Variances. Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Zoning Ordinance. A financial hardship alone does not represent grounds on which to file a Variance application to gain relief from zoning provisions

B. Application. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a Variance. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. Proof of ownership or authorization to apply and a notarized signature shall be included as part of any application.

D. Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Articles 2 and 8. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed Variance and the proposed conditions of approval.

E. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon the completion of the appeal period, unless an appeal is filed pursuant to the provisions of this Municipal Code.

F. Findings of Approval. In granting a Variance, the Planning Commission must make all of the following findings.

1. There are extraordinary circumstances or other conditions applicable to the property or to the intended development of the property that do not apply generally to other similar property in the same zone.

2. The granting of a Variance will not constitute the granting of a special privilege inconsistent with the limitations on other similar properties in the vicinity classified in the same zone.

3. The granting of a Variance will not be materially detrimental to the public health, safety, or general welfare or injurious to property or improvements in the zone or neighborhood in which the property is located.

4. The granting of such Variance will not create any inconsistency with the General Plan.

G. Conditions of Approval on Specific Property. A Variance that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only for the property for which it was granted. The Variance shall continue to be valid upon change of ownership of the property.

H. Variances Time Limits. The grantee of a Variance shall have one (1) year from the effective date of the approval to establish a right to use the approval or the Variance shall lapse and become void.

I. Renewal. A Variance subject to lapse may be renewed for up to an additional one (1) year period provided that the application for renewal is filed with the Community Development Department prior to the expiration date.

7.19.80 Standards Modifications

The purpose of a Standards Modification is to provide flexibility necessary to enable individual property owners to achieve the objectives of the General Plan and the Zoning Ordinance by providing for adjustments to development standards in those circumstances where such request constitutes a reasonable use or development of an individual property that will be compatible with adjoining uses and development. Notwithstanding any other provision of this section, a requested standards modification for a multifamily development within the MFR Zone shall be approved unless a finding is made that the housing development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development financially infeasible. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

A. Use of Standards Modifications. The relief offered through the Standards Modification process is to be used where deviations from established Development Standards help maintain conformance with the overall Performance Standards.

B. Application. An application for a Standards Modification shall be made by the property owner or authorized applicant on a City approved application form. Proof of ownership or authorization to apply and a notarized signature shall be included as part of any application.

C. Applicability. An Applicant may apply for a Standards Modification to relax certain development standards as indicated in Table 7-12.

D. Review and Approval of Standards Modifications. Development standards that may be modified are provided in Table 7-12. The threshold limits for each modifiable standard and the approval authority are also provided in Table 7-12.

Table 7-12

Residential Development Standards That Can Be Modified and Limits of Modification
Standards Modification Limits	Ministerial Standard	Administrative Limit	Planning Comm. Limit
Numeric (Quantifiable) Standards
Chapter 7.6: Noise and Lighting Standards
None allowed	None	None	None
Chapter 7.9: Signs Standards
None allowed	None	None	None
Chapter 7.10: Animal Keeping Standards
Minimum lot size requirement	15,000 sq ft	None	Reduce to 10,000 sq ft
Number of animals	10 maximum per parcel	None	Increase to 5/acre
Structural setbacks	35 ft front/25 ft other	Reduce to 15 ft front/10 ft other	Reduce to 10 ft front/5 ft other
Chapter 7.11: Setbacks and Yard Use Standards
Structure in ROW	None	None	None
Front yard setback	35 ft front	Reduce to 10 ft front	Reduce to 5 ft front
Other yard setback	25 ft other	Reduce to 10 ft front	Reduce to 5 ft front
Parking setback	10 ft	N/A	5 ft
Setback from road easement	35/25 ft	Reduce to 10/10 ft	Reduce to 5/5 ft
Garden wall or fence in setback	6 ft height; 6 ft from pavement	Allow 6 ft @ 6 ft	Allow 9 ft @ 4 ft
Footprint related setback	Exhibit 7-5	Reduce excess by 50 %	Reduce excess by 100 %
Chapter 7.12: Landscaping Standards
Degree of screening	50%	None	None
Chapter 7.13: Parking and Access Standards
Parking beyond basic six required	1/bdrm>4; 1/1,000 ft > 6,000 ft	Reduce by 2	Reduce by 50 %
Additional access points	Total of 2 access points on a single road	Total of 2 access points on 2 roads	Total of 3 or more access points on any road or roads
Chapter 7.14: Lot Development
Accessory structure location	Offset 20 ft horiz.	Reduce to 10 ft	Reduce to 10 ft
Multi lot setbacks	Front 30 % variation	Reduce by 50 %	Reduce by 100 %
Multi lot parcel frontage width	Frontage 30 % variation	Reduce by 50 %	Reduce by 100 %
Chapter 7.17: Grading, Retaining Walls and Hardscape Standards
Graded area	Exhibit 7-13	Increase by 25 %	Increase by 100 %
Hardscape area	Exhibit 7-13	Increase by 25 %	Increase by 100 %
Cumulative wall or slope height	20/12/8	None	Increase by 25 %
Wall or slope length	Structure width + 40/20/12	Increase by 25%	Increase by 100 %
Wall or slope setback	3 times height	Decrease by 25 %	Decrease by 100%
Height of wall in setback	6 ft	Increase by 2 ft	Increase by 4 ft
Individual wall height	8 ft	Increase by 2 ft	Increase by 4 ft
Safety fence setback	3 ft	Decrease by 3 ft	Decrease by 3 ft
Offsets between walls	5 ft horizontal and vertical	Decrease by 5 ft	Decrease by 5 ft
Distance between walls	1.5 x height tallest wall	Decrease to 1.0 x	Decrease to 0.5 x
Chapter 7.18: Building Design Standards
Basic 1500/750 sq ft building footprints	1500 primary/ 750 accessory	To limits of Exhibit 7-21	To limits of Exhibit 7-21
Cumulative footprint	Exhibit 7-21	Increase by 1,000 sq ft	Increase by 2,000 sq ft
Basic 16-foot height limit	16 ft	30 ft	30 ft
Maximum height limit	30 ft primary/16 ft accessory	To 30 ft/ 20 ft	To 34 ft/24 ft
Elevation difference lowest to highest	40 ft primary/ 25 ft accessory	To 40 ft/ 30 ft	To 45 ft/ 30 ft
Large structure setback	Exhibit 7-5	Decrease by 10 %	Decrease by 50 %
Second floor area reduction	Exhibit 7-24	Decrease by 10 %	Decrease by 50 %
Structural articulation	Walls 35/25 Roof 3000/60	Walls 40/30 Roof 3500/80	Walls 50/40 Roof 4000/100
Building materials	None allowed	None	None

E. Findings of Approval. A Standards Modification shall be approved or conditionally approved only if the following findings are made in addition to any other applicable findings identified elsewhere in this Article:

1. The requested modification will not significantly impair the neighbors’ privacy or enjoyment of their properties.

2. The requested modification will not significantly impair: (a) a primary view, or (b) a distant view from a public street or right-of-way.

3. The requested modification minimizes the adverse impacts on protected views as compared to other reasonable and practical alternatives.

4. The requested modification will blend into the natural setting and will not result in an appearance that is significantly altered from one of pastoral or natural features to one primarily of man-made features.

5. The strict adherence to the standards will:

a. Exacerbate an existing nonconformity; or

b. Lead to cumulative adverse environmental impacts including, but not limited to, additional grading or other development more detrimental to neighborhood or community character; or

c. Not preserve or enhance community or neighborhood character; or

d. Impose an economic burden that is disproportionate in relation to the impact of the modification being sought.

6. Existing nonconformities will not be exacerbated by the requested modification and, to the extent practical, have been mitigated to conform to the Performance Standards of this Municipal Code.

7. Conditions of approval will mitigate any adverse effects to the degree required to ensure conformance with the Performance Standards applicable to the requested Standards Modification. (Ord. 2022-04 § 8; Ord. 2009-08 § 5; Ord. 2008-07 § 4; Ord. 2007-02 § 5)

7.19.90 Indemnification

The City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorneys’ fees, litigation expenses, court costs or any other costs arising out of or in any way related to any and all land use or development application approvals, including General Plan Amendments, Specific Plan Amendments, Zoning Map or Zoning Ordinance Text Amendment, Conditional Use Permits, Variances and Standards Modifications. Accordingly, the City shall impose as a condition of approval of any land use or development application that the applicant and owner or owners of the real property obtaining such approval shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys’ fees, litigation expenses and court costs of any kind without restriction or limitation, incurred as a consequence of, arising out of or in any way attributable to, such approval, or the activities conducted pursuant thereto. The real property owner(s) shall pay such obligations as they are incurred by the City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary in its discretion to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

7.19.100 Required Approval Authorities

The authority required for approval of any Zoning Action is provided in Table 7-13.

Table 7-13

Approving Agency for Zoning Administration
Requested Approval	Approving Agency for Zoning Administration
Requested Approval	Administrative	Planning Commission	City Council
General Plan Amendment	•Not applicable	•Recommendation only	•Approving authority
Specific Plan Amendment	•Not applicable	•Recommendation only	•Approving authority
Zoning Map or Zoning Ordinance Text Amendment	•Not applicable	•Recommendation only	•Approving authority
Development Agreement	•Not applicable	•Recommendation only	•Approving authority
Conditional Use Permit	•Not applicable	•Approving authority	•Appeal •Call for review
Variance	•Not applicable	•Approving authority	•Appeal •Call for review
Standards Modifications	•See Table 7-12.	•See Table 7-12. •Appeal of administrative approval - Call for review	•Appeal •Call for review
Minor Exception	•Administrative approval	•Appeal of administrative approval - Call for review	•Appeal •Call for review
Lot Line Adjustments	•Administrative approval	•Not applicable	•Appeal •Call for review
1. No Standards Modification is permitted for structures or uses that are prohibited pursuant to Section 7.3.20. 2. Any expansion in areas of a legal nonconforming structure triggers discretionary review.

(Ord. 2017-03 § 2; Ord. 2013-04 § 1)

7.19.110 Minor Exception

The purpose of a minor exception is to provide the flexibility necessary to enable individual property owners to achieve the objective of the General Plan and Zoning Ordinance by allowing the Community Development Director to grant minor deviations to the development standards for additions and modifications to existing single-family residences in those circumstances where such request constitutes a reasonable use or development of an individual property that will be compatible with surrounding uses and developments.

A. Applicability. This section provides for the consideration of minor exception process for deviations from the established development standards for additions or modifications to existing single-family residences by the Community Development Director for the following development standards:

1. Reduction of front yard setbacks, other yard setbacks, parking setbacks, and setbacks from a road easement by fifteen (15) percent of the applicable requirements.

2. Reduction of accessory structure separation requirements by twenty (20) percent of the applicable requirement.

3. Increase the allowable graded area and hardscape area by ten (10) percent of the applicable requirement.

4. Increase the basic sixteen (16) foot height limit by ten (10) percent of the applicable requirement.

5. Increase the structural articulation by ten (10) percent of the applicable requirement.

B. Application. An application for a minor exception shall be made by the property owner or authorized applicant on a City approved form, along with the fee as established by City Council resolution. Proof of ownership or authorization to apply and a notarized signature shall be included as part of an application.

C. Review of Application by Community Development Director. The Community Development Director shall review the application and proposal for a minor exception for completeness. Once the application has been deemed complete, notification of the requested minor exception shall be sent to adjacent property owners.

D. Notification. Upon receipt of a complete application for a minor exception, the Community Development Director shall notify the owner/s of all adjacent properties of the requested minor exception by letter and provide ten (10) days to comment. Adjacent properties shall include all lots which directly abut or are directly across any right-of-way from the subject property.

E. Action by Community Development Director. Not sooner than ten (10) days after the owner/s of adjacent property are notified, and not later than ten (10) days after the application was deemed complete, the Community Development Director shall review the requested minor exception and any comments from adjacent property owner/s and either grant, deny or grant with conditions the minor exception.

F. Findings of Approval. A minor exception shall be approved or conditionally approved only if the following findings are made:

1. The requested minor exception will not significantly impair the neighbors’ privacy or enjoyment of their properties.

2. The requested minor exception will not significantly impair: (a) primary view, or (b) a distant view from a public street or right-of-way.

3. The granting of a minor exception will not constitute the granting of special privilege inconsistent with the limitations on other similar properties in the vicinity classified in the same zone.

4. The granting of a minor exception will not be materially detrimental to the public health, safety, or general welfare or injurious to property or improvements in the zone or neighborhood in which the property is located. (Ord. 2017-03 § 5)