Calaveras County Municipal Code § 17.34.010 Purpose

The purpose of this chapter is to provide a mechanism for relief from the strict application of this title in unique situations where strict application of dimensional requirements of property development standards would unreasonably require removal of or prohibit modifications of existing development.

A. The planning director may, on a case-by-case basis, ministerially authorize deviations of up to twenty percent from the dimensional development standards applicable to a parcel's zone if all of the following apply:

1. The request is to modify existing development on the parcel;

2. The modification is not being requested to accommodate a change in the parcel's existing use;

3. The modification to the development on the parcel is required for one of the following reasons:

a. Absent the deviation from dimensional standards, the existing use will not comply with current laws or regulations intended to ensure access for disabled persons; or

b. Absent the deviation from dimensional standards, a minor modification that 1) would typically be allowed by right on other parcels in the same zone, and 2) would typically be associated with the existing use of the property, cannot be physically accommodated due to the property's unique characteristics.

4. The circumstances giving rise to the current legal non-compliance, or the current inability to enjoy a typical modification to an established use on the property, do not result from any action, inaction, or non-compliance by the applicant or property owner.

5. The director has no evidence that authorizing the deviation will negatively impact existing permitted uses on neighboring properties.

6. The director has no evidence that authorizing the minor deviation from dimensional standards will negatively impact the physical environment or the public health, safety, or welfare.

B. The director shall only authorize the minimum amount of deviation to accomplish the purpose of the request.

The planning director shall act as the review authority for Limited Exception applications based on consideration of the requirements of this chapter.

A. Application. An application for a Limited Exception shall be filed with the planning department in accordance with Section 17.27.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how Section 17.34.020.A is satisfied. The applicant shall also submit plans delineating the requested limited exception.

B. Public Notice and Hearing. Limited Exceptions do not require a public hearing or notice.