Chapter 13-45 — Minor Exceptions

The purposes of the minor exceptions Chapter are to:

1. Allow minor exceptions and adjustments in cases where unusual circumstances occur that would create a practical difficulty that does not generally occur on other properties with similar conditions and zoning

designations.

2. Allow minor exceptions and adjustments in cases where the objectives and goals of the General Plan and the Zoning Ordinance may be better attained than strict application of the regulations and standards of the Zoning Ordinance.

3. Ensure that minor adjustments that are approved are subject to conditions that will not result in a grant of special privilege inconsistent with the limitations on other properties with similar conditions and zoning designations. [Ord. 515 § 2, 2018; ZO § 45.100.]

An application for a minor exception shall be filed with the Community Development Director as per Chapter 13-40, Administration, Applications and Fees. [Ord. 515 § 2, 2018; ZO § 45.200.]

The Community Development Director may approve a minor exception up to a maximum 10 percent variation from the following development regulations and standards:

1. Lot dimensions;

2. Setbacks;

3. Structure heights;

4. Site area;

5. Parking;

6. Landscaping.

After determining that an application is complete, the Community Development Director shall review the application and shall either approve, approve with conditions or deny the application.

Any minor exception request that exceeds the 10 percent limitation shall require the filing of a variance application as per Chapter 13-50. Minor exceptions that are not granted by the Community Development Director or through appeal may be resubmitted through a variance application, if appropriate. [Ord. 515 § 2, 2018; ZO § 45.300.]

The Community Development Director shall make the minor exception determination or decision in writing and shall address the findings listed below. The Community Development Director or on appeal the Planning Commission or City Council may approve a minor exception or modify an approved minor exception, with or without conditions only if all the following findings are made:

1. That strict interpretation and application of the specified regulation would result in practical difficulty inconsistent with the purposes and intent of the Zoning Ordinance and General Plan while the exception

allows for a site plan or development that better meets the purposes and intent of the Zoning Ordinance and General Plan.

2. That the granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.

3 That the granting of the minor exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. [Ord. 515 § 2, 2018; ZO § 45.400.]

The Community Development Director shall make a determination regarding a minor exception application within 14 calendar days of notification to the applicant that the application is complete. A public hearing is not required for a minor exception unless an appeal is filed. The procedures for appeals and subsequent hearings are as per Chapter 13-44, Hearings, Appeals and Judicial Review. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 45.500.]

1. Except for vesting tentative maps approved under Title 10, Chapter 2, Article 3.1 of the Municipal Code and development agreements approved under Title 10, Chapter 8 of the Municipal Code, approval of minor exceptions shall expire 1 year from the date of approval unless prior to the expiration a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion.

2. A minor exception approved in conjunction with approval of a vesting tentative map or development agreement shall expire concurrently with the expiration of the vesting tentative map or according to the terms of development agreement.

3. Minor exceptions may be renewed for a maximum of 1 additional year beyond the original date of expiration; provided, that a request for such renewal is submitted to the Planning Department before the date of expiration in subsection (1) or (2) of this Section. The Planning Commission may grant or deny a request for renewal, and such action may be appealed to the City Council. [Ord. 515 § 2, 2018; ZO § 45.600.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b

Chapter 13-46 Minor Modifications

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