Davis City Zoning Code
ARTICLE 40
27 EXCEPTIONS AND MODIFICATIONS
§ 40.27.010 Applicability of article.
The requirements and regulations specified in this chapter shall be subject to the exceptions, modifications and interpretations set forth in this article.
(Ord. 296 § 25.1)
§ 40.27.020 Existing lots of record.
In any district where residential uses are permitted, structures for permitted, accessory, and conditional uses in the applicable zoning district may be erected on any lot of official record in the office of the county recorder prior to March 6, 1963, irrespective of its area or width, provided that the owner of the lot does not own any adjoining property; and provided further, that all other development standards within the zoning district are met.
(Ord. 296 § 25.2; Ord. 316 § 23; Ord. 2134 § 1, 2003)
§ 40.27.030 Height limits.
Height limits stipulated elsewhere in this chapter shall not apply to the following:
(a)
Barns, silos or other farm buildings or structures on farms; provided, that these are not less than fifty feet from every lot line.
(b)
Church spires, belfries, cupolas and domes.
(c)
Monuments, water towers, fire and hose towers, public utility lines, poles and towers.
(d)
Windmills, chimneys, smoke-stacks, flag poles, except that when such structures are to exceed forty feet above grade in any zone, they shall be specifically approved by the director or designee.
(e)
Parapet walls extending not more than four feet above the limited height of the building; drive-in theater screens; provided, that such screens contain no advertising matter.
(f)
Places of public assembly in churches, schools and other permitted public and semipublic buildings; provided, that these are located on the first floor of such buildings; and provided, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased by an additional one foot over the side and rear yards required for the highest building otherwise permitted in the district.
(g)
Bulkheads, elevator penthouses, ventilating and air conditioning equipment penthouses, water towers, monitors and scenery lofts; provided, that no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage.
(h)
Where a manufacturing process requires a greater height for towers, fire towers, hose towers, cooling towers, gas holders or other structures; provided, that all such structures above the heights permitted in the district shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than twenty-five feet in all parts from every lot line.
(Ord. 296 § 25.3; Ord. 801 § 1; Ord. 1627 § 53; Ord. 2113 § 1, 2003; Ord. 2155 § 2, 2004; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.27.040 Area and lot width requirements where public water and sewers unavailable.
In any district where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, and lot width, shall be: Lot area, one acre, and lot frontage, lot width, at the building line, two hundred feet.
(Ord. 296 § 25.4)
§ 40.27.050 Front and street side yards.
The minimum distance to the opening of a garage shall be twenty-five feet from the back of the sidewalk. This distance may be reduced to twenty feet for carports or garages using roll-up doors.
(Ord. 296 § 25.5; Ord. 329 § 3; Ord. 881 § 1)
§ 40.27.060 Projections into required yards in exceptions and modifications.
(a)
Certain architectural features may project into required yards as follows:
(1)
Fireplaces; cornices, canopies, eaves, and other nonhabitable architectural features attached to the main building may project to within three feet of interior side yard property lines, ten feet of street side yard property lines, and fifteen feet of front and rear yard property lines. Media niches, firewood storage areas, and bay windows shall not be considered architectural projections and must comply with the setback standards of the zoning district in which the property is located.
(2)
Exit stairways may project a distance no greater than four feet six inches.
(3)
An uncovered stair and necessary landings may project a distance no greater than six feet; provided, that such stair and landings shall not extend above the entrance floor of the building except railings not exceeding forty-two inches.
(b)
Fences, walls and hedges may be located anywhere on a property behind the required front yard setback up to a maximum height of seven feet, except as noted herein:
(1)
If not exceeding at any point four feet in height above the elevation of the surface of the ground at such point, they may be located in any yard or court, except for a corner lot.
(2)
On a corner lot, a fence, wall or hedge over three feet in height, measured from the curb gutter grade, shall not be located in a triangular area measured twenty-five feet along the inside face of the sidewalk in either direction from the sidewalk intersection. Where no sidewalk exists, the measurement shall be made along the right-of-way line.
(3)
If not exceeding six feet in height, they may be located at the ten foot setback in the front yard of an interior lot and at the fifteen foot setback in the front yard on a corner lot.
(4)
On a corner lot, if not exceeding six feet in height and set back a minimum of five feet from the property line, they may be located along the street side yard. At such height, they may extend along the rear yard portion of the lot as well as the length of the house on the street side yard until they meet the triangular area described in subsection (b)(2).
(5)
Atrium and courtyard walls located outside the required yards may exceed seven feet in height through approval of a discretionary design review application pursuant to Article 40.31.
(Ord. 296 § 25.6; Ord. 736 § 1; Ord. 816 § 1; Ord. 842 § 1; Ord. 1024 § 1; Ord. 1025 § 1; Ord. 1152 § 1; Ord. 1768, § 6, 1994; Ord. 1802 § 5; Ord. 1975 § 3, 1999; Ord. 2034 § 7, 2000; Ord. 2358 § 2, 2010; Ord. 2359 § 13, 2010)
§ 40.27.080 Minor modifications.
The purpose of a minor modification is to provide flexibility necessary to enable individual property owners to achieve the objectives of the general plan and this chapter by providing for minor adjustments to development regulations in those circumstances where such request constitutes a reasonable use of an individual property, that will be compatible with adjoining uses.
The relief offered through the minor modification process is intended to be used in specific, limited circumstances where non-substantive deviations from established zoning standards for an individual property are necessary to ensure a reasonable application of the approved development regulations. Extensive or serial use of the minor modification procedure for the purpose of overall modification to approved development regulations is not intended and shall be rejected.
(a)
Application and fee. An application for a minor modification shall be made by the property owner or qualified applicant on a form prescribed by the director and shall state the precise nature of the grounds for a minor modification. Applicant shall be required to submit a fee, in amount set by resolution of city council prior to the processing of the application.
(b)
Applicability. The director or designee may grant a minor modification as follows:
(1)
Setbacks. In any zone, modifications of the front, side, or rear yard setback requirement; provided that the total modification shall not reduce the applicable setbacks by more than ten percent of those otherwise required in the zone.
(2)
Lot Coverage. In any zone, modifications of the lot coverage requirement; provided, that the total modification shall not increase the applicable coverage to more than ten percent of the otherwise maximum lot coverage in the zone.
(3)
Structure Size. In any zone, modifications of the structure size requirement; provided, that the total modification shall not increase the applicable structure size to more than ten percent of the otherwise maximum structure size in the zone. In R-1, R-2, R-R, and other similarly zoned planned developments, an increase in floor area ratio may not be granted with a minor modification. Such requests must follow the processing requirements established in Sections 40.03.060, 40.04.060, 40.06.060 (area, lot width, yard and open space requirements for R-1, R-2, and R-R zones) and Article 40.01 (Site Plan and Architectural Review) of the Davis Municipal Code.
(4)
Structure Heights. In any zone, modifications of the building or structure height requirement; provided, that the total modification shall not increase the applicable building or structure height by more than ten percent of the otherwise maximum height in the zone, nor add another habitable story or mezzanine.
(5)
Usable Open Space. In any zone, modifications of the usable open space requirement; provided, that the total modification shall not increase the applicable coverage to more than ten percent of the otherwise required usable open space in the zone.
(6)
Fence Heights. In any zone, modifications of the maximum fence height requirement; provided, that the total modification shall not increase the applicable fence height by more than ten percent of the otherwise maximum height in the zone.
(7)
Parking. In any zone, a decrease in the number of required parking spaces of not more than ten percent when total required spaces are at least twenty spaces.
(8)
Parking Space Dimensions. In any zone, modifications of the minimum dimensions for a required parking space; provided, that the total modification shall not decrease the required dimension by more than ten percent of the otherwise minimum dimension.
(9)
Deviations From Final Planned Development Maps. In any planned development zone, deviations to final planned development maps which are consistent with the requirements of the preliminary planned development, final planned development conditions of approval, or development standards of the underlying zoning district.
Any request which exceeds the prescribed limitations outlined in this section shall not be approved as a minor modification. The property owner may file a variance application or a revised final planned development application pursuant to Article 40.33 or Section 40.22.170, as applicable. |
(c)
Approval of a minor modification. A minor modification shall be approved, conditionally approved, or denied by the director pursuant to the requirements of Article 40.39 of this chapter.
A minor modification may be approved only if the following findings are made:
(1)
That completion of the project as proposed is not inconsistent with the objectives of the general plan and intent of the zoning regulations;
(2)
That the minor modification will not adversely affect the health, safety or general welfare of persons residing or working on the site or in the vicinity; and
(3)
That the proposed project is consistent with the requirements of the Uniform Building Code.
(d)
Burden of proof. The burden of proof to establish evidence in support of the findings for a minor modification as required by subsection (c)(3) of this section is the responsibility of the applicant.
(e)
Expiration. A minor modification shall be exercised through commencement of substantial construction within eighteen months of the date of its approval or it shall become null and void.
(f)
Extension of initial time period. The director may grant a time extension for up to eighteen months. An application for an extension shall be filed with the department of community development and sustainability no later than thirty days prior to the expiration of the minor modification approval.
(g)
Revocation. The director may set a hearing of the planning commission to revoke or modify a minor modification if any one of the following findings can be made:
(1)
The minor modification was obtained by misrepresentation or fraud; or
(2)
A violation of a term, limitation or condition placed upon the minor modification has occurred; or
(3)
That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law or regulation.
(Ord. 1768 § 1; Ord. 1811 § 1; Ord. 1975, 1999; Ord. 2110 § 4, 2003; Ord. 2359 § 7, 2010; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.27.090 Uses of the same general character.
If a use is not listed as permitted or conditional in a district, but is similar in its general character to the permitted or conditional uses in the district, the director shall determine whether or not such use is similar in character to a described use for the purposes of applying zone district regulations and special conditions. The discretion of the director to determine similar uses shall be granted in all zoning districts and planned developments, except those that are residential. In reviewing such uses, the director shall consider potential traffic and parking impacts, the projected number of employees, possible environmental impacts, the overall intensity of the use, fiscal impacts of such use, and similar issues when making its determination.
(Ord. 2127 § 2, 2003; Ord. 2572 § 21, 2020)
§ 40.27.100 Requests for reasonable accommodation.
Deviations from the requirements and regulations specified in this chapter may be approved in accordance with the review, determination, and required findings provided in Article 18.08 of the Davis Municipal Code.
(Ord. 2322, 2008)
§ 40.27.110 Density bonuses pursuant to state law and local affordable housing ordinance.
Deviations from the requirements and regulations specified in this chapter may be approved in accordance with density bonuses and incentives provided for the provision of affordable housing by Article 18.05 of the Davis Municipal Code and state density bonus law.
(Ord. 2322, 2008)
§ 40.27.120 Federal Religious Land Use and Institutionalized Persons Act of 2000.
Deviations from the requirements and regulations specified in this chapter may be approved if it is found by the planning commission or city council that consistent with RLUIPA, enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following:
(a)
Furthers a compelling governmental interest; and
(b)
Is found to be the least restrictive means of furthering that compelling governmental interest.
(Ord. 2322, 2008)