Chapter 17.208 — EXCEPTIONS

This chapter establishes procedures for minor deviations from the development standards as authorized by this title.

(Ord. 21-501 § 9)

An exception may be granted to modify setback requirements for residential auxiliary structures as regulated by Chapter 17.112, limits on the number of allowed structures in residential districts exceeding one story as regulated in Division 2 of this title, and strict application of the sign provisions as regulated by Chapter 17.152. (Ord. 21-501 § 9)

Applications for exceptions shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with state law and procedural guidelines established by the Planning Officer. (Ord. 21-501 § 9)

The Zoning and Design Review Board, or the Town Council upon appeal, shall approve, conditionally approve, or deny applications for exceptions. (Ord. 21-501 § 9)

The Zoning and Design Review Board, or the Town Council upon appeal, shall hold a public hearing on any proposed exception. Notice of public hearing shall be given consistent with Section 17.180.040, Notice of hearing of this title. (Ord. 21-501 § 9)

Following the public hearing, the Zoning and Design Review Board, or the Town Council upon appeal, may approve the application and authorize an exception if from the facts presented all the following findings can be made:

• A. There are unusual circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district. For exceptions to the limit on two-story homes, the decision-making body may take into consideration the relative visibility, location, and massing of existing two-story structures in the vicinity; the width of the street; significant vegetation; and any other

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Town of Yountville, CA

ZONING

§ 17.208.060

§ 17.208.080

factors that may mitigate the visual impacts of such structures;

• B. Due to unusual circumstances not created or attributable to the applicant or owner of the property, the literal enforcement of the provisions of this chapter would result in practical difficulty;

• C. This exception will not constitute a grant of special privilege that is inconsistent with limitations imposed on similarly zoned properties;

• D. This exception will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and

• E. The granting of such exception will be in harmony with the general purposes and intent of Title 17 and will not adversely affect the General Plan.

• (Ord. 21-501 § 9)

In approving an exception, the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.208.060, Findings and decision, of this chapter. (Ord. 21-501 § 9)

• A. The conditions of approval may include time limits for carrying out the exception; otherwise, any exercise of an exception must commence within two years.

• B. Once any portion of the granted exception is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.

• (Ord. 21-501 § 9)

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Town of Yountville, CA