Article II — Minor Exceptions

The community development director is authorized to grant applications for minor exceptions under the terms and conditions of this section in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results that without the minor exceptions may be inconsistent with the general intent of this code. The scope of authority is limited to the granting of the following:

• A. The reduction of lot area by not more than ten percent of the applicable lot area requirements and so as not to create an additional lot;

• B. The reduction of setbacks, lot dimensions, on-site parking and loading, landscaping, and height requirements by not more than ten percent of the applicable requirements;

• C. The increase in the height of a wall or fence by two feet when the increase is necessary to provide for security, privacy, screening of yard or to act as a buffer between land uses where it is found to be necessary to eliminate objectionable noise, light, or glare;

• D. Variances for antennas only as provided in Sections 18.104.140 and 18.104.150 . (Ord. 913 § 2, 1997; Ord. 943-A § 2, 2000)

The procedures for minor exceptions shall be as set forth in this article. (Ord. 913 § 2, 1997)

Application for a minor exception shall be made on forms provided by the community development director and shall include such plans and information as may reasonably be required by the director. A filing fee, as established by city council resolution, shall be paid at the time of filing such application.

(Ord. 913 § 2, 1997)

Upon receipt of a complete application for a minor exception, the community development director shall notify the owners of all adjacent property of the requested exception to this code by letter. Adjacent property shall include all lots which directly abut or are directly across any right-of-way from the subject property.

(Ord. 913 § 2, 1997)

Not sooner than ten days after the owners of the adjacent property are notified, nor later than thirty days after receipt of the application, the community development director shall either grant, deny or grant with conditions, the minor exception. Any conditions shall be such as to assure that the minor exception is within the intent of the general plan and this section. Notice of the decision of the community development director shall be sent to the applicant and all owners of adjacent property. (Ord. 913 § 2, 1997)

No minor exception granted by the community development director shall become effective until ten days after notice of the decision of the community development director has been sent to the applicant and all owners of adjacent property, nor shall any building permit be issued for any development permitted by the minor exception until after the ten-day period. Within this ten-day period, the applicant or any owner of adjacent property may cause the decision to be set aside automatically by filing a written request with the community development director. In the event a minor exception is set aside, the applicant may file an application for a variance at any time thereafter. An applicant whose request for a minor exception was denied by the community development director may file an application for a variance any time after receiving the decision of the community development director. Whenever an application for a variance is made subsequent to action on the minor exception, the filing fee for the variance shall be reduced by the amount charged for the minor exception permit.

(Ord. 913 § 2, 1997)

If the development permitted by a minor exception is not initiated within one year after the date of issuance, the minor exception shall expire and become null and void. The community development director may provide for a shorter time period by condition of approval or may grant extension of the one-year period for good cause and without renotification of adjacent property owners, provided that the request for an extension is made by the applicant prior to the expiration of the minor exception. (Ord. 913 § 2, 1997)