Chapter 10.94

The purpose of the standards established in this Chapter is to promote economic development by creating flexibility in existing property development standards which would otherwise preclude adaptive reuse of existing structures and promote quality, clarity, and consistency in applying those standards, requirements, guidelines, processing, and approval of such entitlement applications. (Ord. 2024-001, 9-10-2024)

The Community Development Director is responsible for implementation of this Chapter through the processing of Minor Deviation application request. The Director is also responsible for evaluation, recommendation, and future revision of this Chapter. (Ord. 2024-001, 9-10-2024)

A complete application for a Minor Deviation shall include the following.

• A. Complete application;

• B. Site plan drawing;

• C. Provide a written and detailed explanation of site constraints which identify the property development standard and justify the granting of the Minor Deviation; and

• D. Submit the required application fee in accordance with the current Master Fee Schedule. (Ord. 2024-001, 9-10-2024)

The following provisions and procedure shall apply to a request for a modification to an existing structure and/or property development standard of the property's zone district classification as established in this Title.

A. Applicants requesting a Minor Deviation shall submit a complete application to the Community Development Director.

B. Applicants requesting a Minor Deviation may have that request processed independently of or concurrently with an entitlement application and/or Building Permit.

C. A Minor Deviation may be approved by the Community Development Director, subject to such conditions as may be imposed, without any notice or appeal, if it is found that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

D. The Community Development Director may modify by up to ten percent (10%) any property development standard noted in this Title, for any zone district, except for side yard setbacks.

E. Submittal of an application (i.e., Site Plan Review, Conditional Use Permit, Variance) and/or Building Permit may cause a review of all permit activity for the subject property to ensure compliance with the Zoning Code. An identified violation of the Zoning Code shall require the property owner to make necessary correction before the approval of the Minor Deviation application. (Ord. 2024-001, 9-10-2024)