§ 17.80

Provisions of this chapter are meant to ensure the following:

A.

Minor Exceptions or adjustments from the standards contained in this Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, such as topography or unusual parcel shape or various geographic features, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts.

B.

Minor Exceptions granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privileges(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated, and shall not create a precedent followed by other properties and property owners lacking similar special circumstances.

(Zoning Ord. dated 1/31/06, § 9120.01.)

Applications for Minor Exception shall be filed in a manner consistent with the requirements contained in Chapter 17.48, Applications and Fees.

(Zoning Ord. dated 1/31/06, § 9120.02.)

A.

Minor Exceptions may be granted by the Director for up to a maximum of 10% of only the following measurable design/site considerations:

1.

Setbacks;

2.

Lot Dimensions;

3.

On-site parking, loading and landscaping;

4.

Structure Heights.

B.

Any exception which exceeds the limitations in this chapter shall require the filing of a Variance application, pursuant to Chapter 17.112, Variances. Minor exceptions may be approved by the Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed and processed with those applications.

(Zoning Ord. dated 1/31/06, § 9120.03.)

Following his decision, the Director shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

A.

That there are special circumstances applicable to the property, including shape, topography, location or surroundings, such that the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

B.

That granting the Minor Exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Minor Exception is sought;

C.

That granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located:

D.

That granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

E.

That granting the Minor Exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

F.

That granting the Minor Exception is not inconsistent with the General Plan.

(Zoning Ord. dated 1/31/06, § 9120.04.)

The granting of a prior Minor Exception shall not serve as the basis for the granting of a new Minor Exception.

(Zoning Ord. dated 1/31/06, § 9120.05.)

The burden of proof to establish the evidence in support of the findings, as required by Section 17.80.040, is solely the responsibility of the applicant.

(Zoning Ord. dated 1/31/06, § 9120.06.)

A Minor Exception shall be exercised within one (1) year from the date of approval, or the Minor Exception shall become null and void.

(Zoning Ord. dated 1/31/06, § 9120.07.)

The Director may, upon an application being filed 30 days prior to expiration and for good cause, grant one time extension not to exceed 12 months. Upon granting of an extension, the Director shall ensure the Minor Exception complies with all Zoning Ordinance provisions in effect at the time of the request for extension.

(Zoning Ord. dated 1/31/06, § 9120.08.)

No permit shall be issued for any use involved in an application for approval of a Minor Exception until, and unless, the same shall have become final.

(Zoning Ord. dated 1/31/06, § 9120.09.)

A.

A Minor Exception granted pursuant to the provisions of this chapter may be modified or revoked following a public hearing by the Director. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Minor Exception was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.

B.

A Minor Exception may be revoked or modified by the Director if any one (1) of the following findings can be made:

1.

That circumstances have changed so that one (1) or more of the findings contained in Section 17.80.040 can no longer be made;

2.

That one or more of the conditions of the Minor Exception have not been met; or the grantee has not substantially exercised the rights granted by the Minor Exception;

3.

That the Minor Exception was obtained by misinformation, misrepresentation or fraud;

4.

That the improvement authorized by the Minor Exception has ceased or was suspended for six (6) or more consecutive calendar months;

5.

That the improvement authorized by the Minor Exception is in violation of any statute, ordinance, law, or regulation; or

6.

That the improvement authorized by the Minor Exception is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Zoning Ord. dated 1/31/06, § 9120.10.)

Chapter 17.84 - MINOR MODIFICATIONS