§ 155.412 SPECIFIC PERMITS AND APPROVALS.

• (A) General. This § 155.412 identifies procedures for specific types of permits and approvals required by the Zoning Code.

• (B) Modifications to standards.

• (1) The following permits and approvals may be used to allow deviations from Zoning Code standards:

• (a) Administrative adjustments;

• (b) Infill incentive permits;

• (c) Minor modifications; and

• (d) Reasonable accommodations.

• (2) Variances.

• (a) The city may change standards that apply to a property through a Zoning Code text or map amendment as provided in § 155.432 (Zoning Code and General Plan Amendments).

(b) The city may also change standards that apply to a property through a specific plan and/or development agreement as provided in Cal. Gov’t Code §§ 65450 et seq. and 65864 et seq. , respectively.

(Ord. 885-C.S., passed 5-21-19)

(A) Projects requiring multiple permits. Projects requiring multiple permit applications must be reviewed and acted upon by the highest review authority designated by the Zoning Code for any of the applications (e.g., a project requiring a zoning map amendment and a conditional use permit will have both applications decided by the City Council, instead of the Planning

Commission acting on the conditional use permit). This does not apply to any ministerial permits or approvals acted on by the Director or Department staff without notice or public hearing, unless otherwise stated in the provisions of the Zoning Code.

(B) Appeals. All decisions on permits and approvals in this section may be appealed in accordance with § 155.416 (Appeals and Reviews).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose. An administrative adjustment is a discretionary process to determine if a project is eligible for a modified standard.

(B) When allowed. Standards that may be modified with an administrative adjustment are identified in the following subchapters of this Zoning Code: Zoning Districts and Citywide Standards and below.

• (C) Review authority. The Director reviews and takes action on administrative adjustment requests.

• (D) Applications. An applicant must request an administrative adjustment using an official Department form accompanied by all fees, information and materials required by the Department.

• (E) Public notice and hearing. None required.

• (F) Findings for approval.

• (1) To approve an administrative adjustment application, the Director must make all of the following findings:

• (a) The adjustment is consistent with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council;

• (b) The adjustment will not deprive neighboring property owners of the reasonable economic use and enjoyment of their property; and

• (c) The adjustment will not be materially detrimental to the public health, safety or welfare.

(2) The Director must also make any additional findings required for the specific modification as identified where the original standard appears in following subchapters of this Zoning Code: Zoning Districts and Citywide Standards.

• (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose. Design review is a discretionary process to ensure that the street-facing façades of proposed developments exhibit high quality design, complement neighboring properties, and contribute to Eureka's distinctive identity and unique sense of place.

• (B) When required. The following types of projects require design review:

• (1) Additions adding 30% or more floor area to the total existing floor area of a building in the residential or mixed-use zoning districts (i.e., zoning districts described in §§ 155.204 and 155.208);

• (2) New buildings that are 500 square feet or more in the residential or mixed-use zoning districts (i.e., zoning districts described in §§ 155.204 and 155.208);

(3) Any exterior modification to a street-facing building façade located on a pedestrian-focused frontage (See Figure 208-4 in

§ 155.208 (Mixed Use Zoning Districts)). "Exterior modification" includes the addition of a new sign, or the change in the size, shape, or location on the façade of an existing sign, but does not include refacing an existing sign when there is no change in the size, shape or location of the sign, and does not include painting a sign directly on the façade of the structure; and

(4) Wireless telecommunication facilities. (See Municipal Code Chapter 159 (Wireless Telecommunications Facilities)).

• (C) Exemptions. The following projects are exempt from design review:

(1) Housing development projects with four or fewer residential units, including projects with residential units only, and mixed-use developments with at least two-thirds of the square footage designated for residential use;

• (2) Transitional, supportive, emergency and farmworker housing;

• (3) Modifications and additions to existing structures where the modification or addition is not facing an adjacent public street;

• (4) Buildings occupied by the following use categories, as identified in § 155.504 (Land Use Classifications):

• (a) Agricultural and natural resource uses;

• (b) Civic and recreation uses; and

• (c) Infrastructure and utility uses; and

(5) Projects or project features to serve a person with disabilities under the Americans with Disabilities Act (ADA).

• (D) Signs.

(1) The Design Review Committee serves as the review authority for signs that require a master sign permit or creative sign permit. However, these sign permit applications are not subject to the design review process required by this section. To approve a sign permit, the Design Review Committee uses exclusively the review and approval criteria in § 155.340 (Signs). The Design Review Committee does not consider the design review criteria in § 155.412.040(J) (Design Review Criteria) when acting on a sign permit.

e sign permit. However, these sign permit applications are not subject to the design review process required by this section. To approve a sign permit, the Design Review Committee uses exclusively the review and approval criteria in § 155.340 (Signs). The Design Review Committee does not consider the design review criteria in § 155.412.040(J) (Design Review Criteria) when acting on a sign permit.

(2) The Design Review Committee serves as the review authority for modification of the size, shape, or location of an existing sign, or the addition of a new sign, on the façade facing a pedestrian-focused frontage. Design review is not required for either a new sign or modification of an existing sign when the sign is painted directly on the façade facing a pedestrian-focused frontage; however, a sign permit may be required pursuant to § 155.340 (Signs).

(a) To approve modification of the size, shape, or location on the façade of an existing sign, the Design Review Committee uses exclusively the design review criteria (§ 155.412.040(J)) for surrounding context, architectural style, and visual interest.

(b) For a new sign, the Design Review Committee uses the design review criteria noted in division (a) above, and the review and approval criteria in § 155.340 (Signs) to approve both the façade modification and the sign.

(E) Review authority.

• (1) The Design Review Committee conducts design review for all projects except as follows:

(a) If the project also requires review by the Historic Preservation Commission (HPC) as provided in Municipal Code Chapter 157 (Historic Preservation), the HPC conducts design review;

(b) If the project also requires a permit from the Planning Commission, the Planning Commission conducts design review, unless design review is to be conducted by the Historic Preservation Commission in accordance with division (a) above; or

(c) If the project also requires City Council approval, the City Council conducts design review, unless design review is to be conducted by the Historic Preservation Commission in accordance with division (a) above.

(2) When the Planning Commission or City Council conducts design review, the Department may request informal input from individual Design Review Committee members prior to Planning Commission or City Council action on the project. The Design Review Committee does not hold a formal meeting on the proposed project prior to Planning Commission or City Council review.

(F) Application submittal and review. Design review applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).

(G) Consistency. A project must be consistent, as determined by the Director, with the General Plan, any applicable specific plan or area plan, and applicable objective design policies and regulations adopted by the City Council, prior to being scheduled for design review.

(H) Public notice and hearing. The review authority must review and act on a design review application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

• (I) Scope of design review.

(1) When acting on a design review application, the review authority must consider only those project features directly related to the design criteria described in § 155.412.040(J) (Design Review Criteria).

(2) The review authority may not consider exterior building colors or other color choices included as part of a proposed project.

(3) When conducting design review, the review authority may not require a modification to a project feature that complies with mandatory development standards in the Zoning Code. For example, if a project complies with the minimum setback requirement, the review authority may not require an increased setback as a condition of design review approval. Design review is intended to address only aesthetic considerations not otherwise regulated by the Zoning Code.

(4) Design review may not require project changes to improve the economic viability of a business as perceived by the review authority.

(J) Design review criteria. To approve a design review application, the Review Authority must find that the proposed project complies with all of the following design review criteria to the extent they apply.

(1) Surrounding context. The overall project and associated buildings enhance the design quality of the area where they are located, and enhance Eureka's unique character and distinctive sense of place. New buildings may "fit in" with traditional architecture that complements the surrounding context or "stand out" with a contemporary and contrasting style. All buildings must minimize adverse impacts on neighboring properties when possible.

(2) Pedestrian environment. Buildings incorporate design features that support an active public realm and an inviting pedestrian environment.

(3) Architectural style. Buildings demonstrate a coherent and successfully executed architectural style. Building architecture may be traditional or modern. Buildings are not required to conform to any dominant architectural style or local vernacular. Creative architectural and artistic expression is encouraged.

(4) Articulation and visual interest. Building façades are distinctive, create visual interest, and relate to the human scale through vertical and horizontal articulation, varied building planes, distinctive building elements, and/or noticeable architectural details. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as articulation, trim, eaves, window boxes, and brackets contribute to the visual interest of the building.

(5) Materials. Building façades feature high-quality materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.

(6) Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility, and features that promote a sense of ownership of outdoor space.

(7) Landscaping. Landscaping features low-water-use plants appropriate for the local climate, contains native plants in compliance with § 155.328.050(D) (Native Plants), and does not include any invasive species that would be harmful to native plants and habitat, in compliance with §155.328.050(E) (Invasive Plants).

(K) Findings. To approve a design review application, the review authority must make all of the following findings:

(1) The proposed development will not be detrimental to public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

(2) The proposed project complies with all applicable design review criteria in § 155.412.040(J) (Design Review Criteria).

(L) Building permits.

(1) For projects subject to design review, the Building Department may not accept a building permit application until after design review approval.

(2) The Building Department may issue a certificate of occupancy or other final building permit sign-off only after the Department has physically inspected the project site and verified that the as-built project conforms with design review approved plans and conditions of approval.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

See § 155.224.050(C)(3) (Gulch Greenway Permits).

(Ord. 962-C.S., passed 7-15-25)

See § 155.304.070(B) (Permits Required).

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose. An infill incentive permit allows deviations from development standards for projects that provide community benefits and/or public amenities. Infill incentive permits are discretionary actions intended to encourage high-quality infill development and/or the adaptive reuse of properties suitable for redevelopment.

(B) Where allowed. An infill incentive permit is available for projects in the residential, mixed-use and industrial zoning districts.

(C) Types of infill incentive permits. The Zoning Code establishes two types of infill incentive permits: minor infill incentive permits and major infill incentive permits.

(D) Review authority.

(1) Minor infill incentive permits. The Director reviews and takes action on minor infill incentive permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.

(2) Major infill incentive permits. The Planning Commission reviews and takes action on major infill incentive permit applications.

(E) Required benefits. The review authority may approve an infill incentive permit for projects that provide at least two of the following community benefits:

(1) Architectural features. The project incorporates four of the architectural features described in § 155.312.050 (Architectural Features);

(2) Vertical mixed-use. The project creates two or more new upper-story residential units as a part of a vertical mixed-use development within 900 feet of a public transit bus stop where the average interval of time between buses is 90 minutes or less (90-minute headways) during weekday daytime hours. Mixed-use development must be permitted in the applicable zoning district to qualify as a benefit;

(3) Historic preservation. The project renovates a designated historic resource in compliance with Ch. 157 (Historic Preservation);

(4) Environmental remediation. The project remediates contaminated soil or water;

• (5) Green building. The project will be a LEED-certified green building;

• (6) Blight/nuisance abatement. The project eliminates blight, a public nuisance or a public health or safety hazard;

• (7) Child care. The project includes an on-site childcare facility;

• (8) Supportive housing. The project provides supportive housing as defined in Cal. Gov’t Code § 65582;

(9) Electric vehicle charging stations. The project provides an electrical vehicle charging station for 50% of the parking spaces required to serve a residential unit and/or for at least 25% of the parking spaces required for a non-residential use;

(10) Materials and building elements. The project incorporates exterior materials or building elements of a higher quality than conventional construction. Examples include:

(a) Siding. All exterior walls are sided with wood shake, ornamental metal, tile, brick, stone or stained wood;

(b) Doors and windows. All doors and windows are solid wood and/or feature shutters, stained glass or true divided muntins;

(c) Roofing materials. All roof surfaces feature wood shingle or shake, standing seam metal, clay or concrete tile, slate shingles or a green/living roof; and

(d) Fixtures. High grade fixtures on all building walls visible from a public street or sidewalk that add significantly to the architectural character of the building such as light fixtures, door hinges and handles, decorative hanging sign or awning brackets.

(11) Community amenities. The project creates or preserves a cultural, recreational, employment, or other amenity that adds significantly to the quality of life of the neighborhood or the community. The community amenity must be an allowed use in the applicable zoning district to qualify as a benefit.

(F) Incentives.

• (1) Available incentives. An infill incentive permit may allow deviations to development standards as shown in Table 412-2.

[1] See § 155.412.060(G) (Increased Density Requirements). [2] Minimum lot area of 5,000 square feet required for increased density. [3] Minimum lot area of 6,000 square feet required for increased density.

(2) Number of incentives. The maximum number of standards which may be modified through an infill incentive permit is as follows:

• (a) Minor infill incentive permits: one deviation to development standards as shown in Table 412-1; and

• (b) Major infill incentive permit: two deviations to development standards as shown in Table 412-2.

• (G) Increased density requirements. To be eligible for increased residential density as provided in Table 412-2, a project must meet the following criteria:

(1) Adjacency to high volume streets. The project is on a lot within 250 feet from a street designated as a major arterial, minor arterial or a major collector in the General Plan Figure M-1 Circulation Diagram;

• (2) Factors supporting higher density. The lot containing the project satisfies one or more of the following requirements:

• (a) Any portion of the lot is within 900 feet of a community park as defined in the General Plan;

• (b) Any portion of the lot is within 600 feet of a bus stop;

• (c) Any portion of the lot is within 600 feet of a school;

• (d) Any portion of the lot is within 900 feet of a mixed-use zoning district or a residential zoning district with a higher allowed density;

• (e) The lot has been unimproved (containing no buildings) for ten years or longer; and/or

• (f) The Neighborhood Market (NMO) Overlay Zone applies to the lot.

• (3) Reduced unit size and affordability. The project satisfies one or more of the following requirements:

• (a) All of the additional units allowed through the increased density are 500 square feet or less;

• (b) For market-rate projects where the majority of units are not income-restricted, a minimum of one unit or 10% of units

• (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income; and/or

• (c) For affordable housing projects where all units are income-restricted, a minimum of one unit or 60% of units (whichever is more) are deed restricted to households earning 50% or less of the Humboldt County median income.

• (H) Application submittal and review. Infill incentive permit applications must be submitted and reviewed in compliance with § 155.408 (Permit Procedures).

• (I) Public notice and hearing.

• (1) Minor infill incentive permits. Public notice of the Director's pending action on a minor infill incentive permit application

will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

• (2) Major infill incentive permits. The Planning Commission must review and act on a major infill incentive permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

• (J) Findings for approval. To approve an infill incentive permit, the review authority must make all of the following findings:

• (1) The proposed project substantially advances General Plan objectives to prioritize development of vacant and underutilized infill properties and/or revitalize existing properties;

• (2) The community benefits provided by the project are of a sufficient value to justify the deviations to development standards allowed by the permit;

(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and enjoyment of their property; and

(4) The adjustment will not be materially detrimental to the public health, safety or welfare.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose. A minor modification allows for small deviations from development standards to accommodate projects that are compatible with and appropriate for the area where they are located.

• (B) When allowed.

• (1) Permitted modifications.

(a) The Director may approve a minor modification to allow deviation from a physical development standard that applies to the subject property. Examples of physical development standards include lot area, site coverage, building height, setbacks, fence and wall height, floor area ratio (FAR) and on-site parking space dimensions.

(b) The maximum deviation allowed with a minor modification is 10% of the standard; except that, fence and wall height deviation may be increased by up to 20% with a minor modification.

(2) Calculating allowed deviations. The maximum deviation allowed with a minor modification is calculated as 10% of the amount, distance or area required by the standard. For example, if the maximum permitted height is 30 feet, up to three additional feet (10% of 30 feet) may be allowed with a minor modification.

• (3) Modifications not allowed. A minor modification may not be granted to allow deviation from:

• (a) The General Plan;

• (b) Increased residential density;

• (c) Required parking spaces; and

• (d) Design standards with no quantified standard (e.g., building entries facing the street).

• (C) Review authority. The Director reviews and takes action on minor modification applications.

(D) Applications. An application is not required for a minor modification. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance or discretionary approval.

• (E) Public notice and hearing. None required.

(F) Findings for approval. To approve a minor modification application, the Director must make all of the following findings:

(1) The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located;

(2) The modification is consistent with the purpose of the zoning district, the General Plan, and any applicable specific plan or area plan adopted by the City Council;

(3) The adjustment will not deprive neighboring property owners of the reasonable economic use and/or enjoyment of their property; and

(4) The adjustment will not be materially detrimental to the public health, safety or welfare.

(G) Effect of decision. A Director decision on a minor modification is based on the merits of an individual application. Approval of a minor modification does not establish a precedent for future similar applications.

(Ord. 885-C.S., passed 5-21-19)

(A) Purpose. This section establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq. ) and the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12955 et seq. ). A reasonable accommodation is typically a ministerial adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

(B) When allowed.

(1) Eligible applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of the Zoning Code or other land use or building regulation, policy or practice acts as a barrier to fair housing opportunities.

(2) Definition. A PERSON WITH A DISABILITY is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment.

(3) Eligible request. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers.

(C) Review authority. The Director takes action on all reasonable accommodation applications.

(D) Application requirements. A request for reasonable accommodation must be submitted in compliance with § 155.408 (Permit Procedures).

(E) Application review.

(1) The Director must make a written determination to either grant, grant with modifications or deny a request for reasonable accommodation.

(2) If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws.

(F) Criteria for decision. To approve a reasonable accommodation request, the Director must make all of the following findings:

(1) The housing subject to the request will be used by an individual with disabilities protected under fair housing law;

(2) The request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law;

• (3) Potential impacts on surrounding uses are acceptable;

• (4) Physical attributes of the property and structures reasonably allow for the accommodation; and

(5) Availability of other reasonable accommodations that may provide an equivalent level of benefit have been assessed.

• (G) Conditions of approval.

(1) In approving a request for reasonable accommodation, the Director may impose conditions of approval to minimize impacts on surrounding uses and ensure consistency with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council.

(2) A reasonable accommodation approval may be conditioned to provide for its automatic expiration and/or removal under appropriate circumstance (e.g., the disabled resident vacates the property).

(Ord. 885-C.S., passed 5-21-19)

See § 155.340.060 (Sign Permits).

(Ord. 885-C.S., passed 5-21-19)

See § 155.304.130(G) (Permit Required).

(Ord. 938-C.S., passed 11-1-22)

See § 155.304.140(D) (Tree Permits).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 962-C.S., passed 7-15-25)

(A) Purpose. Use permits are required for land uses that are generally appropriate within a zoning district, but where the potential impacts of the use on a site and its surroundings must be evaluated, and where conditions of approval may be needed. Use permits are discretionary actions that enable the city to ensure that a proposed use is consistent with the General Plan and will not create negative impacts to adjacent properties or the general public.

• (B) Types of use permits. The Zoning Code establishes two types of use permits: minor use permits and conditional use permits. (C) Review authority.

(1) Minor use permits. The Director reviews and takes action on minor use permit applications. The Director may refer any application to the Planning Commission for public hearing and decision.

(2) Conditional use permits. The Planning Commission reviews and takes action on conditional use permit applications.

(D) When required. Land uses that require a use permit are shown in the land use regulation tables for each zoning district found in the Zoning Districts subchapter.

• (E) Public notice and hearing.

(1) Minor use permits. Notice of the Director's pending action on a minor use permit application must be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

• (2) Conditional use permits. The Planning Commission must review and act on a conditional use permit application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

• (F) Findings for approval. To approve a use permit, the review authority must make all of the following findings:

• (1) The proposed use is consistent with the General Plan, Zoning Code and any applicable specific plan or area plan adopted by the City Council;

• (2) The site is suitable for the size, design and operating characteristics of the proposed use;

• (3) The proposed use will be compatible with existing and planned land uses in the vicinity of the property;

• (4) The proposed use will not be detrimental to the public health, safety and welfare; and

• (5) The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

• (G) Permits to run with the land. See § 155.420.120 (Permits to Run with the Land).

• (H) Expiration of use permits. See § 155.420.090(C) (Discontinued Uses).

• (Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

See § 155.304.150.F (Permits Required).

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)

(A) Purpose. A variance is a discretionary approval that allows for deviation from physical development standards in the Zoning Code. The city may grant a variance only when the strict application of development standards creates a unique hardship due to unusual circumstances associated with the property.

(B) When allowed.

(1) Allowable variances. The city may grant a variance to allow for deviation from any physical development standard that applies to the subject property. Examples of physical development standards include height, setbacks, open space, floor area ratio (FAR), and off-street parking requirements.

• (2) Variances not allowed. A variance may not be granted to:

• (a) Permit a use other than a use permitted in the zoning district as specified in Part 2 (Zoning District Standards);

• (b) Allow deviation from a requirement of the General Plan (e.g., maximum residential density in zoning district); and

• (c) Allow deviations to Zoning Code standards to reduce construction costs.

• (C) Types of variances. The Zoning Code establishes two types of variances: major variances and minor variances.

• (1) Minor variance. A minor variance allows a deviation from a standard by 20% or less.

• (2) Major variances. A major variance allows a deviation from a standard by more than 20%.

(D) Calculating deviations. A deviation allowed with a variance is calculated as a percentage of the distance or area required by the standard. For example, if the minimum required setback is 20 feet, the setback may be reduced by four feet to 16 feet (a fourfoot reduction is 20% of 20 feet). The same setback may be reduced to any distance less than 16 feet with a major variance.

(E) Review authority.

• (1) Minor variance. The Director reviews and takes action on minor variance applications. The Director may refer any application to the Planning Commission for public hearing and decision.

• (2) Major variances. The Planning Commission reviews and takes action on major variance applications.

(F) Application submittal and review. Variance applications must be submitted and reviewed in compliance with § 155.408 (Permit Requirements).

(G) Public notice and hearing.

(1) Minor variance. Public notice of the Director's pending action on a minor variance permit application will be provided in compliance with § 155.408.090 (Notice of Pending Action). The Planning Commission will hold a public hearing only after receiving a written request for a public hearing.

(2) Major variance. The Planning Commission must review and act on a major variance application at a noticed public hearing in compliance with § 155.408.100 (Public Hearings).

• (H) Findings for approval. To approve a variance, the review authority must make all of the following findings:

(1) There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zoning district as the subject property;

(2) The strict application of the Zoning Code regulation would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zoning district as the subject property;

(3) The variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zoning district as the subject property; and

(4) The variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zoning district as the subject property.

(I) Precedent. The approval of a variance does not set a precedent for the granting of any future variance. Each application must be considered only on its individual merits.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)

(A) Purpose. A zoning clearance is a ministerial process to confirm that a proposed structure or land use complies with the Zoning Code.

• (B) When required. A zoning clearance is required before:

• (1) An applicant establishes a land use permitted by right in the zoning district;

• (2) The city issues a new or modified business license; or

• (3) The city issues a building permit, grading permit, or other construction-related permit to:

• (a) Establish a new structure or use;

• (b) Move or reconstruct an existing structure;

• (c) Modify an existing structure to accommodate a change in use; or

• (d) Enlarge or expand an existing structure.

• (C) Relationship to discretionary permits. When a project requires a discretionary action, a discretionary approval serves as the equivalent of a zoning clearance.

• (D) Relationship to other ministerial approvals. When a project requires another ministerial approval in addition to a zoning

clearance (e.g., a building permit approval), the ministerial approval serves as the equivalent of a zoning clearance.

• (E) Applicant requests. A property or business owner may request a zoning clearance to provide documentation that an existing structure or use complies with the Zoning Code.

• (F) Review authority. A zoning clearance is approved by Department staff. Controversial and complex projects will be referred to the Director for review and approval.

• (G) Applications. An application is not required for a zoning clearance, unless the zoning clearance is the only city approval required for a project. Department staff will review the project information submitted for a building permit or other required city approvals when acting on the zoning clearance.

• (H) Review and action.

• (1) Department staff will review the project information to verify compliance with the Zoning Code. If the project complies with all applicable requirements, the Department staff must approve the zoning clearance.

• (2) Zoning clearance approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other similar certification or form.

(Ord. 902-C.S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)