§ 14.24

The purpose of this chapter is to provide flexibility in the application of selected site development regulations where minor adjustments are needed. Exceptions shall only be granted for the site development standards cited in Section 14.24.020, Authority. Exceptions granted shall be compatible with adjoining uses and consistent with the purposes of this title and the specific zoning district in which the subject property is located.

(Ord. 1625 § 1 (part), 1992).

The planning director shall approve, conditionally approve or deny applications for exceptions. The planning director shall review and decide the following types of exceptions to site development standards

which may be allowed:

A.

Fence Height.

1.

In any residential district, the maximum height of any side or rear yard fence may be increased by a maximum of two feet (2′), where topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy or effectiveness of screening as generally provided by any such fence in similar circumstances.

2.

In any residential district, the maximum height of any front yard or street side yard fence may be increased by a maximum of two feet (2') to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot.

B.

Setbacks. The minimum front setback may be decreased by not more than ten percent (10%) and the side setback may be decreased by not more than one foot in the R5 district. The minimum front and side setbacks may be decreased by not more than 2.5 feet in the R7.5 district, and by not more than five feet (5′) in the R10, R20, R1a and R2a districts. In any of the above-listed districts, the side setback shall not be decreased to less than three feet (3′). Rear yard setbacks may be decreased by not more than ten percent (10%) in any residential district. Setback exceptions shall only be allowed where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.

C.

Lot Coverage.

1.

In any residential district, the maximum lot coverage may be increased by not more than ten percent (10%) of the lot area, where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increases will not unreasonably affect abutting sites.

2.

For single-family residences situated in any residential district, an addition of up to one hundred (100) square feet of floor area may be permitted in conjunction with a request for an environmental and design review permit for a "lift and fill" addition (i.e., raising an existing habitable floor space to permit the creation of a new, single habitable floor area below), irrespective of the maximum lot coverage restriction of the zoning district, where the planning director determines that the floor area addition is necessary to permit

circulation between the resultant stories of habitable floor space. This exception shall not be available in conjunction with an exception pursuant to subsection (C)(1) of this section.

D.

Maximum Upper-Story Floor Area. For single-family residences situated in any residential district, an addition of up to one hundred (100) square feet of floor area may be permitted in conjunction with a request for an environmental and design review permit for a "lift and fill" addition (i.e., raising an existing habitable floor space to permit the creation of a new, single habitable floor area below), irrespective of the maximum upper-story floor area restriction of the zoning district, where the planning director determines that the floor area addition is necessary to permit circulation between the resultant stories of habitable floor space.

E.

Height. In all nonresidential zoning districts, except the R/O district, building height may be increased beyond the height limit where: (1) additional building height is required for a special use or function, and the building is designed specifically for that use; or (2) there are special circumstances related to the site and topography which warrant the exception. For a public or quasi-public structure, a higher height may be permitted where necessary for health or safety purposes. In addition, in all cases, nonresidential height exceptions may only be approved where scenic views are not adversely affected, and where exceptional design is provided. If the height exception is more than five feet (5′), the exception must be approved by the planning commission as part of approval of an environmental and design review permit.

F.

Landscaping.

1.

In multifamily residential districts, required buffer landscaping may be modified, where innovative landscape design is proposed, where there are special circumstances related to the site and where such modifications will ensure an adequate buffer for adjacent properties.

2.

In all nonresidential districts, the minimum landscaping percentages may be reduced for remodel projects, where redevelopment or remodeling is proposed and existing conditions are such that complying with the standard make it infeasible to provide adequate parking.

G.

Parking.

1.

Minimum driveway width for a residential use may be reduced, subject to review by the traffic engineer and the fire department. Driveway exceptions shall only be allowed where such decrease will not unreasonably affect abutting sites or create a hazardous traffic condition, and where there are special circumstances related to existing site conditions.

2.

Minimum aisle width may be reduced, subject to review by the traffic engineer. Aisle width exceptions shall only be allowed where such decrease will not create a hazardous traffic condition, and where such reduction is necessary to provide for additional parking where existing parking does not meet current standards.

3.

In downtown residential or non-residential projects, tandem parking may be allowed, subject to review by the traffic engineer and the fire department, where necessary to accommodate the required parking spaces, provided that the tandem spaces are assigned to the same unit or tenant and that the spaces are located convenient to the unit.

4.

In any single-family residential district, a recreational vehicle may be parked parallel to the residence in the front yard where there is a curved or circular driveway or where there are special and unique circumstances on the site because of topography or lot shape. Recreational vehicle parking exceptions shall only be allowed where such parking is set back fifteen feet (15′) from the front property line and where it will not have an adverse visual impact on adjoining lots or lots across the street.

(Ord. 1838 § 46, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 78, 6-21-2010; Ord. No. 1964, § 2(Exh. B) § 32, 11-19-2018; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

Applications for exceptions shall be initiated by submitting the following information to the planning department: a completed application form signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director.

(Ord. 1625 § 1 (part), 1992).

In cases involving building height exceptions for nonresidential buildings, the proposed exception shall be reviewed, noticed and heard with the related development applications by the planning commission and/or city council. In the case of all other types of exceptions, no public notice or hearing shall be required.

(Ord. 1625 § 1 (part), 1992).

In approving an exception, the planning director may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

The planning director may approve an application for an exception if the following findings can be made:

A.

That there are special circumstances applicable to the property or land use, including but not limited to the size, shape, topography, location or surroundings that warrant granting of a minor exception from the strict application of the standards in this title;

B.

That granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

(Ord. 1625 § 1 (part), 1992).

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

Appeals of the planning director's determinations on requests for exceptions shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

A.

An exception shall become effective on the date specified by the written decision by the planning director granting the exception. Such approval date shall indicate the planning director's approval only of the exception and does not eliminate or replace the need to secure a building permit prior to any construction activity.

B.

The rights granted by the exception shall be effective only when exercised within the time period established as a condition of granting the exception, or, in the absence of such established time period, one year from the date the permit becomes effective.

(Ord. 1625 § 1 (part), 1992).

14.24.100 - Approval to run with the land.

Once exercised, any exception granted shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

An exception may be extended by the planning director if the findings required by Section 14.24.060, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

A request for a change in the conditions of approval of an exception, or changes to plans which would affect a condition of approval, shall be treated as a new application for an exception.

(Ord. 1625 § 1 (part), 1992).

An exception that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

If an application for an exception is denied or revoked, no new application for the same, or substantially the same, exception shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Exceptions are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 7.1), 8-6-2021)

Chapter 14.25 - ENVIRONMENTAL AND DESIGN REVIEW PERMITS