§ 9.75

The purpose of this Chapter is to enable the Director to approve minor deviations from Zoning Code standards when such requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Zoning Code. An authorization to approve a Minor Modification does not extend to making any changes in the uses permitted in any zone.

This Chapter is applicable to all development standards of this Zoning Code.

A. The Director may approve a Minor Modification for only those items specified in Table A (Types of Minor Modifications Allowed), and only after first making the findings specified in Subsection 9.75.050 and table A (Types of Minor Modification Allowed).

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Type of Minor Modification Maximum
Additional Required Findings
Allowed Modification
The building is consistent with the intent
An increase in lot coverage in
1 of the zone and all other applicable 5%
residential zones.
standards of the zone.
The building is consistent with the intent
An increase in lot coverage in
2 of the zone and all other applicable 10%
commercial or industrial zones.
standards of the zone.
The building is consistent with the
An increase or decrease in the
intent of the zone; and/or topographic
minimum or maximum width or
3 constraints limit the ability to create an 20%
depth of a building or a portion of
interconnected network of streets and
a building in all zones.
blocks.
The building is consistent with the intent
A reduction in the minimum of the zone and all other applicable
4 amount of linear frontage standards of the zone; and may not 10%
required. be combined with any modification to
frontage dimensions.
Existing building(s) on adjacent lots on the
An increase or decrease of the
same block face is/are greater or less than 5 ft. or 20%,
minimum or maximum required
5 the required setback; and the variation whichever is
setback for primary buildings in
will allow the proposed project to be greater
all zones.
aligned with the adjacent building(s).
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Tehachapi Zoning Code | October 2014 Adopted | 9-37

Chapter 9.75 Minor Modifications

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Type of Minor Modification Maximum
Additional Required Findings
Allowed Modification
Allow an addition to an existing
structure located as close to the The building is consistent with applicable 400 square
6
property line as any existing Fire Code and Building Code limitations. feet
encroachment.
The building is consistent with the intent
of the zone and all other applicable
An increase or decrease in the
7 standards of the zone; and may not be 20%
standards for building frontages.
combined with any modification to the
facade zone
The building is consistent with the intent
An increase or decrease of the
8 of the zone and all other applicable 10%
minimum facade zone standards.
standard of the zone.
The building is consistent with the intent 5% or 2 feet,
An increase in allowable building
9 of the zone and all other applicable whichever is
height.
standards of the zone. greater
The use of the lot is consistent with the
An increase of the allowed intent of the zone and all other applicable
10 maximum height of a fence or standards of the zone; and/or the height 20%
wall. increase is justified by topographic
considerations
The use of the lot is consistent with the
A reduction in the minimum intent of the zone and all other applicable
11 number of required parking standards of the zone; and/or the height 40%
spaces (as applicable). increase is justified by topographic
consideration
An increase in the allowed height The sign is otherwise consistent with all
12 15%
and area of a permanent sign. applicable sign regulations.
A reasonable deviation from
the prescribed standards where
The building is consistent with the intent Determined
necessary to install features that
13 of the zone and all other applicable on a case-by-
facilitate access and mobility
standards of the zone. case basis
of disabled person with limited
mobility.
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9-38 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.75 Minor Modifications

An application for a Minor Modification shall be prepared, filed, and processed in compliance with Chapter 9.10 (Application Processing Procedures) and this Chapter.

A. Each Minor Modification application shall be reviewed on an individual case-by-case basis. The approval of a prior Minor Modification is not admissible evidence for the approval of a new Minor Modification.

B. A public notice and hearing shall not be required for the Director's decision on a Minor Modification.

The Director shall approve, with or without conditions, a Minor Modification application, only after the following findings are made:

A. There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.);

B. The special circumstances applicable to the property are not self-imposed by any person presently having any interest in the property;

C. The requested Minor Modification will not allow the establishment of a use that is not otherwise allowed in the zone;

D. Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

E. The development is consistent with the General Plan and any applicable specific plan; and

F. The development will comply with all other standards or requirements set forth in this Code.

Tehachapi Zoning Code | October 2014 Adopted |

9-39

Chapter 9.75 Minor Modifications

Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, Extensions), Chapter 10.20 (Appeals), and Chapter 9.100 (Permit Modification and Revocation) shall apply following the decision on a Minor Modification.

9-40 | Adopted October 2014 | Tehachapi Zoning Code