Chapter 17.410 — ADJUSTMENT PROCEDURE

An adjustment is intended to permit minor variations where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter would occur from its strict literal interpretation and enforcement. Adjustments are modifications of lesser significance than variations allowed by variance.

The Planning Director may grant an adjustment from the requirements of this chapter to allow modification of development standards by up to ten percent.

Following expiration of the public comment period, the Planning Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based.

The Planning Director may approve an adjustment application in whole or in part, with or without conditions, if all of the following findings are made:

A. There are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification.

B. The granting of such adjustment will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located.

C. The strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships.

D. The granting of an adjustment will not be contrary to nor in conflict with the general purposes and intent of this chapter, nor to the goals, objectives, and policies of the General Plan.

E. All the above specified requirements need not apply to adjustments which the Planning Director finds are essential or desirable to the public convenience or welfare and are not in conflict with the General Plan and where the granting of the adjustment will not be materially detrimental nor injurious to property or improvements in the general vicinity and district in which the property is located.

F. The strict application of the provisions of this chapter would result in unreasonable deprivation of the use or enjoyment of the property.

Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements.

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Draft Title 17: Zoning Code