Mountain House Municipal Code Ch. 11 Deviations

It is the intent of this Chapter to establish exceptions to the regulations of this Title which may be used to ensure that property, because of special circumstances such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by the other properties in the same zone in the vicinity.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Deviations may be accepted in all zones, unless otherwise specified. Applications for Deviations may be considered for the following modifications only:

(a) Setback Requirements. Setback requirements may be altered as follows:

(1) Up to forty (40) percent of the front yard setback requirement, but not closer to the property line than fifteen (15) feet;

(2) Up to forty (40) percent of the side yard setback requirement, but no closer to the property line than three (3) feet; or

(3) Up to thirty (30) percent of the rear yard setback requirement, but no closer to the property line than ten (10) feet.

(b) Area, Width, and Intensity Requirements. Area, width, and intensity requirements may be altered as follows:

(1) Up to thirty (30) percent of the area requirements for uses or use types; or

(2) Up to ten (10) percent of the lot area, lot width, or intensity requirements.

(c) Height Requirements. Height requirements may be altered up to thirty (30) percent in excess of height limits, but not to exceed five (5) feet.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Deviations may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A request for Deviation shall include a site plan which clearly delineates the location and extent of the regulation to be modified. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Deviation Applications shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a deviation, the Review Authority shall find that all of the following are true:

(a) Not Detrimental. The granting of the deviation will not be materially detrimental to other properties or land uses in the area;

(b) Exceptional Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity;

(c) Denial of Privileges. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity;

(d) Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City; and

(e) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)