Chapter 14.09.310
Adjustments
Sections:
14.09.310.050 Adjustment Review Findings.
14.09.310.060 Conditions of Approval.
14.09.310.010 Purpose.
This chapter establishes the procedure for granting relief to property owners from codified locational, developmental, and operational standards to allow limited adjustment to zoning standards on specific sites to accommodate an owner’s desired use and development of property where allowing the adjustment would be consistent with and not compromise the intent and purpose of the goals, objectives, and policies of the General Plan, and the standards in the Zoning Ordinance and the Land Use and Development Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.310.020 Applicability.
Adjustments to adopted standards apply to limited special circumstances where discretionary review is warranted, but the situation does not meet the requirements of a variance based on physical hardship. Adjustments may be applied to the following standards:
A. Adjustments in Standards.
1. Front Yard Setback. Up to a 25 percent reduction with a minimum of 18 feet for front-entry garages, and structures above the first floor in single-family residential districts. Exception: not applicable in residential districts with a 15-foot front setback, and to unenclosed porches that have a 10-foot front setback.
2. Side Yard Setback and Setbacks Between Buildings. Up to a 20 percent decrease, with a minimum of five feet for side yards. Exception: not applicable to balconies or additions above the first floor.
3. Rear Yard Setback. Up to a 25 percent reduction. Exception: not applicable to street side yard setbacks, balconies or additions above the first floor unless adjacent to public open space.
4. Miscellaneous.
a. Driveways Width Reduction. Up to a 20 percent reduction in required driveway width;
b. Deck Setback Reduction (for Structures 18 to 30 Inches Above Grade). Up to 20 percent reduction of side or rear yard setbacks;
c. Fence Height Increase. Up to a two-foot increase in height above maximum fence height permitted;
d. Lot Coverage Increase. Up to a 10 percent increase in maximum lot coverage for accessory structures or additions;
e. Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra-barrier, electrified, and other hazardous fencing upon finding that this type of fencing is required for security or animal control purposes; and
f. All Other Standards. Up to a 10 percent modification for any numerical standards outlined in this code. This section is only applicable to existing residential uses and is not applicable to proposed production homes.
(Ord. 1996, Amended, 07/23/2024; Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.310.030 Decision Maker.
The Director of Community Development shall act as the decision maker for adjustments. Decisions of the Director of Community Development may be appealed to the Planning Commission per Section 14.090.030.120, Appeals.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.310.040 Procedures.
A. Application. An application for an adjustment shall be filed with the Director of Community Development on the prescribed application forms in accordance with the procedures in Section 14.09.030.030, Application Forms and Fees. In addition, the application for an adjustment shall include a statement showing how the applicant contends the request meets the applicable criteria set forth in Section 14.09.310.050, Adjustment Review Findings.
B. Public Notice. An application for an adjustment shall require a public notice prior to the Director of Community Development decision, pursuant to Section 14.09.030.070, Public Notice.
C. Public Hearing. An application for an adjustment shall require a public hearing before the Director of Community Development.
D. Decision. After conducting a public hearing, the decision maker must make all the findings set forth in Section 14.09.310.050, Adjustment Review Findings, to approve or conditionally approve an adjustment application. The decision maker shall deny an application for an adjustment if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.310.050 Adjustment Review Findings.
The decision maker shall approve, approve with conditions, or deny the adjustment request based on the following findings:
A. The adjustment would meet all other applicable requirements of the Zoning Ordinance and thus would not result in an undue impact on surrounding properties;
B. The adjustment would not allow a use or activity which is not otherwise expressly authorized by the applicable regulations governing the subject property and thus would maintain neighborhood compatibility;
C. There are no alternatives to the requested adjustment that could accommodate the owner’s desired use of the property; and
D. The adjustment would result in enhanced, improved or mitigating features, including but not limited to additional living area, improved parking area, increased security, improved or additional landscaping, recreational, architectural detailing, materials, treatments, or finishes, and walkways, etc.
(Ord. 1996, Amended, 07/23/2024; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.310.060 Conditions of Approval.
Land uses and/or developments with an approved adjustment must comply with this section, as well as applicable standard conditions of approval and any site specific conditions of approval that may be applied to a project by the decision maker to ensure the use or development meets all the required findings in accordance with Section 14.09.310.050, Adjustment Review Findings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)