§ 24.15

(a)

It is recognized that individual sites require individual designs and that a generic design cannot be created. Site specific characteristics and the emergence of new materials, equipment, data and concepts present the designer with multiple design alternatives. In order to encourage creativity and innovation in design, it is the intention of the county that the standards contained herein, the "minimum standards," are to be used as design guidelines, recognizing that it will not always be possible or reasonable to adhere to them rigidly. They should, however, be considered as providing a minimum level of performance.

(b)

Thus, while the county will consider innovative designs containing elements which do not meet the minimum standards, the agency will only approve such designs if it can be demonstrated to the satisfaction of the agency that the design containing nonconforming elements will perform at least as well as the standard design and will not jeopardize the public health, safety or welfare.

(Ord. 3181 § 5 (part), 1994)

(a)

The agency may grant an exception to any of the standards, requirements or regulations set forth in this title. At the discretion of the agency, the filing of a petition for exception may be required. At the further discretion of the agency, a public hearing before the planning commission or the board of supervisors may be required.

(b)

A petition for exception, when required, shall be made by a written petition of the applicant. The written petition shall state fully the grounds of the application and the facts relied upon by the petitioner and shall include, but not necessarily be limited to, the following:

(1)

A list of each element which does not meet the standard and a reference to the plan sheets on which the elements appear;

(2)

The reasons why each nonconforming element cannot or should not have to meet the minimum standard;

(3)

The reasons why each nonconforming element will adequately perform its intended function and will not jeopardize the public health, safety or welfare.

(c)

If plans are inadvertently approved containing elements which do not meet the minimum standards contained herein and said nonconforming elements were not called to the attention of the agency, then those elements shall be redesigned and, if already built, reconstructed to meet the standards that would have been imposed had the nonconforming elements been brought to the attention of the agency.

(Ord. 3181 § 5 (part), 1994)

(a)

In order for an exception to be granted regarding any provisions of this chapter, it shall be necessary that all of the following findings be made:

(1)

Special Circumstances. Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the development standards deprives such property of privileges enjoyed by other properties in the vicinity.

(2)

Public Welfare. The granting of an exception for the property will not be detrimental to the public welfare or injurious to other property in the vicinity.

(3)

No Special Privilege. The granting of an exception for the property does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity.

(4)

Zoning. The granting of an exception for the property does not authorize a use or activity which is not otherwise authorized by the particular zoning district regulations governing such property.

(b)

In granting such exceptions, the objectives of the regulations to which the exceptions are granted, as to light, air and the public health, safety, convenience, environment and general welfare, shall be substantially achieved.

(c)

In responding to a petition for exception under the provisions of this chapter, the agency shall document its findings with respect thereto and all facts in connection therewith. The response to a petition for exception shall be specifically and fully set forth and any conditions so designated.

(Ord. 3181 § 5 (part), 1994)

When the conditions of approval of a master plan, development plan, design review or other relevant community development agency approval allow or require exceptions to the standards, requirements or regulations set forth in this title, then the findings required by Section 24.15.020 need not be made. However, the agency may still require that subsections (b)(1) and (3) of Section 24.15.015 above be provided at the time of plan submittal to the agency.

(Ord. 3181 § 5 (part), 1994)

Chapter 24.20 - JURISDICTION