Desert Hot Springs City Zoning Code
CHAPTER 17
116 MINOR EXCEPTIONS
§ 17.116.010 Purpose.
Provisions of this chapter are meant to ensure the following:
A.
Minor exceptions or adjustments from the standards contained in this Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts.
B.
Minor exceptions granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.
(Prior code § 159.58.010)
§ 17.116.020 Application.
Applications for minor exception shall be filed in a manner consistent with the requirements contained in Chapter 17.68 (Applications and Fees).
(Prior code § 159.58.020)
§ 17.116.030 Applicability.
B.
Minor exception requests which exceed the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to Chapter 17.140. Minor exceptions may be approved by the Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed concurrently.
(Prior code § 159.58.030)
§ 17.116.040 Findings.
Following his/her decision, the Director shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:
A.
That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification;
B.
That granting the minor exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the minor exception is sought;
C.
That granting the minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;
D.
That granting the minor exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located;
E.
That granting the minor exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and
F.
That granting the minor exception will not be inconsistent with the General Plan.
(Prior code § 159.58.040)
§ 17.116.050 Precedents.
The granting of a prior minor exception shall not serve as the basis for the granting of a new minor exception.
(Prior code § 159.58.050)
§ 17.116.060 Burden of proof.
The burden of proof to establish the evidence in support of the findings, as required by Section 17.116.040, is the responsibility of the applicant.
(Prior code § 159.58.060)
§ 17.116.070 Minor exception expiration.
A minor exception shall be exercised within 1 year from the date of approval, or the minor exception shall become null and void.
(Prior code § 159.58.070)
§ 17.116.080 Time extension.
The Director may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed 12 months. Upon granting of an extension, the Director shall ensure the minor exception complies with all current Zoning Ordinance provisions.
(Prior code § 159.58.080)
§ 17.116.090 Use of property before final decision.
No permit shall be issued for any use involved in an application for approval of a minor exception until, and unless, the same shall have become final, pursuant to Section 17.104.080 (Effective date).
(Prior code § 159.58.090)
§ 17.116.100 Revocation.
A.
The Director may hold a public hearing to revoke or modify a minor exception granted pursuant to the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such minor exception was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Riverside, and/or the project applicant.
B.
A minor exception may be revoked or modified by the Director if any 1 of the following findings can be made:
1.
That circumstances have changed so that 1 or more of the findings contained in Section 17.116.040 can no longer be made, and the grantee has not substantially exercised the rights granted by the minor exception;
2.
That the minor exception was obtained by misrepresentation or fraud;
3.
That the improvement authorized pursuant to the minor exception had ceased or was suspended for 6 or more consecutive calendar months;
4.
That 1 or more of the conditions of the minor exception have not been met, and the grantee has not substantially exercised the rights granted by the minor exception;
5.
That the improvement authorized pursuant to the minor exception is in violation of any statute, ordinance, law, or regulation; or
6.
That the improvement permitted by the minor exception is detrimental to the public health, safety, or welfare or constitutes a nuisance.
(Prior code § 159.58.100)