Division III — STANDARDS VARIANCE

The City recognizes that certain properties, due to their unique size, shape, location or other physical condition, cannot be developed in strict accord with the regulations of this Title. Therefore, this Division establishes guidelines and procedures for the granting of relief from certain provisions in specific situations.

(Ord. C-6533 § 1 (part), 1988)

A.

A variance shall grant relief from specific development standards of the Zoning Regulations and shall be known as a standards variance.

B.

The standards variance procedure shall not apply to situations where the use is not permitted in a zone or the proposed residential density exceeds the maximum residential density permitted in a zone for any given lot size.

(Ord. C-6895 § 5, 1991; Ord. C-6533 § 1 (part), 1988)

A.

The Zoning Administrator shall have the authority to consider and act on requests for variances. The Zoning Administrator may approve, conditionally approve or deny a request. The Zoning Administrator's actions may be appealed to the Planning Commission.

B.

Rather than act on a variance application, the Zoning Administrator may instead refer the application to the Planning Commission for consideration. In such cases, the hearing before the Planning Commission shall be held within ninety (90) days after the filing of the application.

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject standards variance and must be incorporated into the record of proceedings relating to such approval or denial:

A.

The site or the improvements on the site are physically unique when compared to other sites in the same zone;

B.

The unique situation causes the applicant to experience hardship that deprives the applicant of a substantial right to use of the property as other properties in the same zone are used and will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties or inconsistent with the purpose of the zoning regulations;

C.

The variance will not cause substantial adverse effects upon the community; and

D.

In the Coastal Zone, the variance will carry out the local coastal program and will not interfere with physical, visual and psychological aspects of access to or along the coast.

(Ord. C-7032 § 9, 1992; Ord. C-6533 § 1 (part), 1988)

Except as provided in Subsection 21.25.305.B, the responsible hearing body shall hold a public hearing on any variance request within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

DIVISION IV. - ADMINISTRATIVE USE PERMITS

In order to streamline the project review process, the administrative use permit procedure is established to allow a simplified review process for projects which have insignificant effects on surrounding properties.

(Ord. C-6533 § 1 (part), 1988)

The administrative use permit process applies only to the following applications:

A.

Minor Expansion of Existing Conditional Use. This applies to uses for which conditional use permits have been previously granted and to legal, nonconforming uses which now require a conditional use permit for the zone districts in which they are located. Such uses may be expanded through approval of an administrative use permit by twenty-five percent (25%) of the existing use, although the expansion may not exceed five thousand (5,000) square feet of additional floor area. Any expansion exceeding these limits shall be considered a new conditional use and shall be subject to the review process established in Division II of this Chapter 21.25 (Conditional Use Permits) This application shall not apply to the sale of alcoholic beverages (on-premises or off-premises).

B.

Change From Legal Nonconforming Use to Another Nonconforming Use. An existing, legal nonconforming use may be changed to another nonconforming use in accordance with the requirements of Section 21.27.070 (Nonconformities - Change in use) through approval of an administrative use permit.

C.

Modification of Permit. Approved special use permits granted during or prior to 1979 may be modified through this process.

D.

Legalization of Illegal Units. For units created prior to 1964, as set forth in Section 21.52.240.

E.

Fences in High Crime Districts. Fence height may exceed three feet zero inches (3'0") in the front yard of residential lots located in high crime areas, through approval of an administrative use permit. (See Section

21.52.231.5 for criteria.)

F.

Uses designated in Tables 31-1 (Residential Use Table), 32-1 (Commercial Use Table), 33-2 (Industrial Use Table), 34-1 (Institutional Use Table) and 35-1 (Park Use Table) or other provisions of this Title as administrative use permit uses.

G.

New construction of a building with five thousand (5,000) square feet or more of floor area in the CNP zone (see Section 21.52.247).

H.

Reduction of parking requirements in accordance with Section 21.41.223.

I.

Other invocations of the Administrative Use Permit process in the Zoning Regulations not listed here.

(ORD-24-0033 § 13, 2024; Ord. C-7729 § 12, 2001; Ord. C-7663 § 4, 1999; Ord. C-7247 § 3, 1994; Ord. C- 7032 § 10, 1992; Ord. C-6895 § 6, 1991; Ord. C-6595 § 7, 1989; Ord. C-6533 § 1 (part), 1988)

21.25.405 - Jurisdiction.

A.

Zoning Administrator. The Zoning Administrator shall have the authority to consider and act on requests for an administrative use permit. The Zoning Administrator may approve, conditionally approve or deny a request. The Zoning Administrator's actions may be appealed to the Planning Commission.

B.

Planning Commission. Rather than act on an administrative use permit, the Zoning Administrator may instead refer the application to the Planning Commission for consideration. In such cases, the hearing before the Commission shall be held within ninety (90) days of the filing of the application.

(Ord. C-6533 § 1 (part), 1988)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The approval is consistent with and carries out the General Plan, any applicable specific plans such as the local coastal program and all Zoning Regulations of the applicable district;

B.

The approval will not be detrimental to the surrounding community including public health, safety, general welfare, environmental quality or quality of life;

C.

The approval is in compliance with the special conditions for the use enumerated in Chapter 21.52; and

D.

The related development approval, if applicable, is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

(ORD-09-0013, § 2, 2009; Ord. C-7032 § 11, 1992; Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator, or Planning Commission or City Council on appeal, shall set the matter for decision within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

All projects for which an administrative use permit is approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-6933 § 43, 1991)

DIVISION V. - SITE PLAN REVIEW

The site plan review process is established to meet certain community goals which are, among others, to ensure that the highest quality of land planning and design are incorporated into development projects, to ensure that new projects are compatible with existing neighborhoods in terms of scale, style and construction materials, and to ensure the maintenance, restoration, enhancement and protection of the environment.

(Ord. C-6533 § 1 (part), 1988)

A.

Standard. The following projects shall require site plan review:

Residential. The following residential projects require site plan review:

a.

Five (5) or more units as one (1) project. This includes both new construction, as well as additions or adaptive reuse projects. This includes side by side projects by the same applicant where the total of new plus existing units equals five (5) or more;

b.

Construction of a new dwelling unit or an addition greater than four hundred fifty (450) square feet in size to an existing dwelling, located on a lot less than twenty-seven feet (27') in width in the R-1-N, R-1-M, R-2-N, and R-2-A districts;

c.

Any project proposing to utilize the incentive program established for very low and low income households; and

d.

Any residential project proposing to utilize a wing wall.

2.

Commercial. The following commercial projects require site plan review:

a.

New buildings of one thousand (1,000) square feet or more;

b.

Additions of one thousand (1,000) square feet or more to an existing commercial building. However, an addition of up to five thousand (5,000) square feet may be permitted without site plan review if the addition is less than twenty-five percent (25%) of the floor area of the existing building and is not visible from a public way;

c.

Exterior remodeling of a building where the affected area consists of fifty feet (50') or more of building frontage in the CNA, CNP and CNR districts;

d.

Commercial storage uses; and

e.

Attached/roof-mounted cellular and personal communication services.

3.

Industrial or public assembly use. Industrial or public assembly use projects with five thousand (5,000) square feet or more of floor area of new construction, except those located in the IP (Port) zoning district. Projects located in the IP zone shall be exempt from site plan review, except those projects which are located on a major arterial as defined by the Mobility Element of the General Plan.

4.

Adaptive Reuse. Projects involving the reuse of existing spaces, structures or buildings as allowed under California Health and Safety Code Section 17958.11 for joint living and work quarters (live-work) or as allowed in LBMC Chapter 18.63, and subject to the Special Development Standards in LBMC Section 21.45.500.

5.

Project on City land. All new construction projects with building floor area of five hundred (500) square feet or greater except roadway and utility maintenance or improvements.

6.

Sign standards waiver requests. The City recognizes the visual and aesthetic importance that signage has on a development. Not only does signage identify the tenants of a particular space but it helps define and shape the unique architectural character and identity of a project. To this end, this sign standards waiver section has been introduced. The intent of this provision is to allow a greater amount of creativity and flexibility in the creation, design, and application of signage on developments beyond the established sign standards. The following sign projects shall require site plan review:

a.

Individual sign review requests for waiver of established sign standards;

b.

Sign programs as defined in Subsection 21.44.035.B; and

c.

Changeable copy signs.

7.

Project on City land in the coastal zone. All projects involving five hundred (500) square feet or more of land or water area, except roadway and utility maintenance or improvement.

8.

Determination of nonconforming parking rights in area D of the coastal zone. Requests for determination of nonconforming parking rights per Subsection 21.41.226.A.

B.

Conceptual. The following projects shall also be required to apply for conceptual site plan review prior to filing for site plan review:

1.

Residential. Residential projects of fifty (50) or more units;

2.

Commercial, industrial or public assembly. Projects of fifty thousand (50,000) square feet or more of new construction;

3.

Project on City land. Projects of one thousand (1,000) square feet or more of new construction.

(ORD-18-0030 § 5, 2018; ORD-14-0004 § 1, 2014; Ord. ORD-05-0039 § 2, 2005; Ord. C-7729 § 2, 2001; Ord. C-7726 § 1, 2001; Ord. C-7607 § 1, 1999; Ord. C-7550 § 3, 1998; Ord. C-7500 § 2, 1997; Ord. C-7399 § 1, 1996; Ord. C-7326 § 6, 1995; Ord. C-7247 § 4, 1994; Ord. C-7047 § 3, 1992; Ord. C-6684 § 17, 1990; Ord. C-6533 § 1 (part), 1988)

A.

Site Plan Review Committee. The Site Plan Review Committee shall consider all applications for site plan review. The Committee has the authority to approve, conditionally approve or deny a site plan application, provided that the authority to deny is not used to prohibit a permitted use on the property.

B.

Planning commission. The Site Plan Review Committee shall refer specific types of projects to the Planning Commission in accordance with guidelines established by the Planning Commission. Any site plan review referred to the Planning Commission shall be reviewed using the procedures established for public hearing. However, the authority of the Commission shall be limited to the same authority as the Site Plan Review Committee.

C.

Director of Planning and Building. The Director of Planning and Building shall have authority to conduct a conceptual site plan review on major projects. The conceptual site plan review shall result in a written report to the applicant indicating:

1.

Whether site plan review will be done by the Site Plan Review Committee or the Planning Commission;

What other applications and/or reviews are necessary for the project as submitted;

3.

A sequencing and time line for scheduling project reviews;

4.

Identification of issues to be addressed; and

5.

Identification of any pending or in process ordinance changes which may affect the project.

D.

Redevelopment Agency Board.

1.

Design Review in Redevelopment Project Areas. The Board of the Redevelopment Agency shall conduct architectural design review as part of the site plan review process for projects located in redevelopment project areas in accordance with the guidelines established by the Redevelopment Agency Board and the Planning Commission.

2.

Limited Jurisdiction of Site Plan Review Committee and Planning Commission. Following approval of design development materials for a proposed project by the Redevelopment Agency Board, including a preliminary site plan, preliminary floor plans, and preliminary elevations, the Site Plan Review Committee or the Planning Commission shall conduct site plan review. The jurisdiction of this review shall be limited to a determination of compliance with the applicable development standards for the project (including, but not limited to, unit density, setbacks, building height, usable open space, screening of equipment, floor area ratio, landscaping, lot coverage, signage, and off-street parking); coordination of requirements from other City departments; and other requirements as applicable.

3.

Findings. The approval by the Redevelopment Agency Board of design development materials for a proposed project shall be considered when the Site Plan Review Committee or Planning Commission makes findings as required in Section 21.25.506.

(Ord. C-7881 § 7, 2003; Ord. C-6684 § 18, 1990; Ord. C-6533 § 1 (part), 1988)

As shown on Table 21-1, no notification is required for procedures conducted pursuant to this Division.

(Ord. C-6533 § 1 (part), 1988)

The Site Plan Review Committee, or the Planning Commission, may require reasonable conditions of approval on a site plan which may include, but need not be limited to, requirements for:

A.

A revised site plan;

B.

Reduced building height, bulk or mass;

C.

Increased setbacks;

D.

Changes in building material;

E.

Changes in rooflines;

F.

Increased usable open space;

G.

Increased screening of garages, trash receptacles, motors or mechanical equipment;

H.

Increased landscaping;

I.

Increased framing, molding or other detailing;

J.

Change in color; or

K.

Any other changes or additions the committee or commission feels are necessary to further the goals of the site plan review process.

(Ord. C-6533 § 1 (part), 1988)

The Site Plan Review Committee or the Planning Commission shall not approve a site plan review unless the following findings are made:

A.

Development Projects.

1.

The design is harmonious, consistent and complete within itself and is compatible in design, character and scale, with neighboring structures and the community in which it is located;

2.

The design conforms to any applicable special design guidelines adopted by the Planning Commission or specific plan requirements, such as the design guidelines for R-3 and R-4 multifamily development, the downtown design guidelines, PD guidelines or the General Plan;

3.

The design will not remove significant mature trees or street trees, unless no alternative design is possible;

4.

There is an essential nexus between the public improvement requirements established by this ordinance and the likely impacts of the proposed development;

5.

The project conforms with all requirements set forth in Chapter 21.64 (Transportation Demand Management), which requirements are summarized in Table 25-1; and

6.

The approval is consistent with the green building standards for public and private development, as listed in Section 21.45.400.

7.

The project is in compliance with the housing replacement requirements of the certified Local Coastal Program or Section 21.68.040.E of this Chapter, as applicable, and will result in the same or greater number of dwelling units; and in the case of existing affordable dwelling units, that the dwelling units will be replaced at the same or deeper affordability levels.

Table 25-1

Transportation Demand Management Ordinance Requirements

TDM Requirements New Nonresidential Development

B.

Sign Standards Waiver Requests. Sign standards waiver requests can only be approved when positive findings are made for all of the following:

1.

The proposed sign(s) enhance(s) the theme and/or architectural character of the proposed development and is consistent, compatible, and in scale within the development and/or neighborhood;

2.

The sign design or application is not detrimental to and does not detract from the development or the surrounding community;

3.

The proposed site or development is so unique that the application of standard signage would detract from the project;

4.

For signs located seaward of the first public road inland from sea, the sign design and scale does not:

a.

Obstruct views to or along the coast from publicly accessible places;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

(ORD-23-0036 § 7, 2023; ORD-21-0034 § 2, 2021; ORD-09-0013, § 3, 2009; Ord. C-7881 § 1, 2003; Ord. C-7617 § 1, 1999; Ord. C-7500 § 3, 1997; Ord. C-7326 § 7, 1995; Ord. C-7247 § 5, 1994; Ord. C-6933 § 6, 1991; Ord. C-6533 § 1 (part), 1988)

21.25.507 - Timely action.

Action shall be taken within the following number of days of acceptance of a complete application:

1.

Conceptual site plan review: Thirty (30) days.

2.

Site plan review: Sixty (60) days.

(Ord. C-6684 § 19, 1990; Ord. C-6533 § 1 (part), 1988)

21.25.508 - Waiver of development standards.

A.

Waiver of Specific Standards. During the site plan review, the Site Plan Review Committee may waive development standards for:

1.

Development Projects.

a.

Privacy;

b.

Open space;

c.

Pedestrian access;

d.

Landscaping;

e.

Wrought iron fence height;

f.

Guest parking in projects located outside of a parking impacted area, provided that guest parking is not reduced below one (1) space for each six (6) units, and guest parking for low income units in projects with ten percent (10%) or more low income units;

g.

Tandem parking as valet parking;

h.

Required garage for residential projects of forty (40) units or more at densities of twenty-nine (29) units per acre or less;

i.

Subterranean parking in the front setback;

j.

Courtyard dimensions; and

k.

Setbacks in commercial zones for yards adjacent to residential use may be reduced to ten feet (10') for single-story commercial buildings.

2.

Signage Projects.

a.

Size;

b.

Height;

c.

Location;

d.

Placement;

e.

Number of signs; and

f.

Type of sign.

The Committee or Commission may waive such standards only if it finds such a waiver improves project design. For signs located seaward of the first public road inland from the sea, the Committee or Commission may waive sign standards only if it finds such a waiver improves the project design and does not:

a.

Obstruct views to or along the coast from publicly accessible places;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

3.

LEED Certification. The Director of Development Services may grant a project flexibility with certain development standards provided a commitment to LEED gold or higher certification is made, as set forth in Section 21.45.400.

B.

Limitations. A waiver may or may not be granted if the waiver would in any way degrade the environment or result in any changes to classification of land use or to density. Development projects not required to file for site plan review may not apply in order to obtain a waiver for development standards.

(ORD-09-0013, § 4, 2009; Ord. C-7617 § 2, 1999; Ord. C-7500 § 4, 1997; Ord. C-7326 § 8, 1995; Ord. C- 7047 § 4, 1992; Ord. C-6933 § 7, 1991; Ord. C-6895 § 7, 1991; Ord. C-6533 § 1 (part), 1988)

For the purposes of the California Environmental Quality Act, site plan review may be considered a categorically exempt project.

(Ord. C-6533 § 1 (part), 1988)

DIVISION VI. - CLASSIFICATION OF USES

A.

Purpose. The classification of use procedure is established in recognition of the fact that zoning regulations relating to land use do not address every conceivable compatible land use which may be permitted within a given zone district. This procedure allows for the review of land use proposals not specifically permitted or prohibited in a zone district but which may be appropriate uses given their similar characteristics to other permitted uses.

B.

Jurisdiction. The Zoning Administrator shall consider all classification of use applications and shall determine if the proposed use should be a permitted use in the zone under consideration. The Zoning Administrator's determination shall be filed with the Planning Commission for final action. Residential zones shall not be subject to this procedure.

(Ord. C-6533 § 1 (part), 1988)

Any person wishing to determine whether or not a specific use may be permitted in a specific zone district may file an application for classification of use.

(Ord. C-6533 § 1 (part), 1988)

21.25.603 - Noticing.

As shown on Table 21-1, no notification is required for procedures conducted pursuant to this Division VI.

(Ord. C-6533 § 1 (part), 1988)

A use shall be determined to be a permitted use in a zone if it is found that:

A.

Permitting the use in the zone will carry out the intent of the zone;

B.

Permitting the use in the zone will carry out the General Plan, including the local coastal plan, when applicable;

C.

The use is not a use specifically listed as a permitted, conditional or prohibited use in another zone generally considered to be less restrictive than the zone under consideration; and

D.

The use is similar in scale, intensity of use and environmental impacts to uses permitted in the zone under consideration.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall hold a public hearing on any request for a classification of use within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall make a written summary of the action. The summary shall include the required findings and shall be transmitted to the Director of Planning and Building, the Planning Commission, the applicant and any person requesting such summary. When the zone under consideration is located in the coastal zone, the summary shall also be transmitted to the Coastal Commission.

(Ord. C-6533 § 1 (part), 1988)

The action to classify a use shall become effective at the end of Planning Commission hearing unless, for projects in the coastal zone, the Executive Director of the Coastal Commission informs the Zoning Administrator that either:

A.

The Coastal Commission did not receive notice of the action at least fourteen (14) days prior to the effective date of the action;

B.

The notice of action was incomplete or inadequate; or

C.

The action is determined to constitute an amendment to the local coastal program.

(Ord. C-6533 § 1 (part), 1988)

After the effective date, the determination to classify a particular use in a zone shall apply to all subsequent requests to establish that same use in that zone.

(Ord. C-6533 § 1 (part), 1988)

The Department of Planning and Building shall maintain a current list of all uses classified in accordance with this Chapter, and the list shall be available to the public.

(Ord. C-6533 § 1 (part), 1988)

DIVISION VII. - PLANNED DEVELOPMENT DISTRICT AND SPECIFIC PLAN PROCEDURES[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— ORD-16-0009 § 2, adopted June 14, 2016, amended Div. VII in its entirety to read as herein set out. Former Div. VII, §§ 21.25.701—21.25.708, was entitled "Planned Development District— Procedures", and derived from Ord. C-6533 § 1(part), 1988.

The Planned Development (PD) District and Specific Plan (SP) procedures are established to allow flexible development plans to be prepared for certain areas of the City which may benefit from unique or special land use and design controls not otherwise possible under conventional zoning regulations. This Division establishes the procedures for securing the planned development district zone or specific plan zone designation, and for granting a planned development permit or specific plan permit for any project located in a PD or SP district.

(ORD-16-0009 § 2, 2016)

21.25.703 - Planned Development or Specific Plan adoption.

A.

A Planned Development District may only be established by an ordinance specifying, among other things, the goals, objectives, use and development standards for the PD. Such standards shall apply to all development within the PD.

B.

A Specific Plan may only be established by an ordinance or resolution specifying, among other things, the goals, objectives, use and development standards for the SP. Such standards shall apply to all development within the SP.

(ORD-16-0009 § 2, 2016)

21.25.704 - Establishment or amendment of Planned Development District or Specific Plan.

In addition to meeting all qualifying standards set forth in Chapter 21.37, and notwithstanding any other provisions of this Title 21, the following procedures shall apply to the establishment or amendment of any Planned Development District or Specific Plan area:

A.

Submission of a Detailed Development Plan. The applicant shall submit a detailed development plan which indicates the use and development concepts within a proposed Planned Development District or Specific Plan zoning area.

B.

Planning Commission Review. The Planning Commission shall review and hold a public hearing on the establishment of or a proposed amendment to a Planned Development (PD) District zone or Specific Plan (SP) zone area. The application shall be heard as a rezoning matter pursuant to the requirements of Division I of this Title. The Planning Commission shall recommend action on the establishment or amendment to the City Council.

C.

City Council. The City Council has the sole and final authority to act on the recommendation of the Planning Commission. If the council approves the Planned Development District or Specific Plan, or amendments thereto, the PD zone or SP area shall be indicated on the official zoning maps of the City by a PD or SP designation and a number indicating the Planned Development District or Specific Plan established. PD or SP numbers shall be assigned chronologically as indicated in Chapter 21.37 (Planned Development Districts and Specific Plans) of this Title.

(ORD-16-0009 § 2, 2016)

21.25.706 - Availability of PD or Specific Plan ordinance or resolution.

Copies of adopted PD or SP ordinances or resolutions shall be available in the Department of Development Services for review or distribution to the public.

(ORD-16-0009 § 2, 2016)

Notwithstanding any other provisions of this Title 21, all development within a PD zone or SP zoning area shall be reviewed pursuant to procedures specified in Division V of this Chapter.

(ORD-16-0009 § 2, 2016)

DIVISION VIII. - SPECIAL SETBACKS

Special setback lines may be established by ordinance as provided and regulated by this Title. These special setback lines supersede the setback requirements of the particular zoning district in which they are located. The purposes of establishing special setback lines are, among other things, to adjust zoning district requirements to conform to local conditions and existing neighborhood standards and to protect and preserve land for future right-of-way purposes.

(Ord. C-6533 § 1 (part), 1988)

Whenever a special setback line is established in accord with these regulations, the setback area shall be considered a required yard area. The special setback line and setback area shall take the place of the otherwise applicable yard requirements for the zone district, except that when the regular setback of the district is greater than a special setback, the regular setback shall supersede the special setback and be controlling.

(Ord. C-6533 § 1 (part), 1988)

A.

Procedure. Notwithstanding any other provision of this Title 21, the procedure to establish or change a special setback line may be initiated in one (1) of the following three (3) ways:

1.

City Council. The City Council may initiate the procedure by requesting a recommendation and a report on the matter from the Planning Commission.

2.

Planning Commission. The Planning Commission may initiate the procedure.

3.

Petition. Property owners of at least fifty percent (50%) of the street frontage affected may initiate the procedure by filing a petition with the Department of Planning and Building.

B.

Limitations. The minimum frontage that shall be considered in any action to establish or change a special setback line shall be one (1) block face.

(Ord. C-6533 § 1 (part), 1988)

The procedures established in this Title for rezoning shall apply to establishing or changing a setback line.

(Ord. C-6533 § 1 (part), 1988)

A.

Planning Commission. After completing its investigation and holding the required public hearing, the Planning Commission shall file a recommendation and a report with the City Council. The Commission may recommend:

Approval in whole or in part;

2.

Denial in whole or in part; or

3.

Establishment of an alternate special setback line.

However, the Commission may not make recommendations on any property not included in the original action or petition.

B.

City Council. Within sixty days of receiving the Planning Commission's recommendation, the City Council shall act on the recommendation. The Council shall establish or change a special setback line by ordinance.

C.

Notation. Notation shall be made on the official zoning map in applicable areas that a special setback line has been established or changed.

(Ord. C-6533 § 1 (part), 1988)

Structures permitted in, over or under established special setback areas shall be the same as those allowed in the required yard area of the applicable zoning district. However, subterranean parking garages shall not be allowed under special setback areas, unless approved by the City Engineer.

(ORD-19-0028 § 6, 2019; Ord. C-6533 § 1 (part), 1988)

Once a special setback line is established by ordinance, a variance to permit a structure to project into the special setback area may be granted in accordance with and subject to the findings of fact required for a variance as set forth in Division III of this Chapter. However, no variance shall be granted if the encroachment is within a setback established for the protection and preservation of rights-of-way.

(Ord. C-6533 § 1 (part), 1988)

A replacement fence within the special setback area shall not be considered a nonconformity and shall be permitted provided such fence is located in a side or rear yard and provided the fence height does not exceed six feet (6'), six inches (6").

(Ord. C-6533 § 1 (part), 1988)