The purpose of this chapter is to provide limited relief from the strict application of development requirements specified in this title where the granting of the modification would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety or welfare or to property or residents in the area. A zone modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.

(Prior code § 7290.01)

An application for a modification shall include the following:

A.

Name and address of the applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

Site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements,

2.

Location of all proposed buildings, structures and improvements,

3.

North arrow;

F.

Elevations of all buildings or structures related to the modification sought;

G.

A narrative description of the proposed use or development, including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and section(s) of this title containing the standards for which the zone modification is sought,

3.

Explanation of the zone modification sought,

4.

Reasons which the applicant feels justify the granting of the zone modification;

H.

Signatures or letter of consent from all property owners of record unless county initiated.

(Ord. G-6077 § 364, 1994; Ord. G-4832 § 182, 1988; Prior code § 7290.02)

An application for a modification shall be reviewed and approved, conditionally approved or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title.

(Prior code § 7290.03)

The decisionmaking authority may approve a zone modification to any of the following standards:

A.

Minimum lot size requirements, not to exceed fifteen percent (15%) reduction in such requirements;

B.

Off-street parking requirements, not to exceed fifteen percent (15%) reduction in such requirements, where ten (10) or more parking spaces are required;

C.

Yard and setback requirements, not to exceed twenty-five percent (25%) reduction in such requirements;

D.

Height limits, excluding signs, not to exceed twenty-five percent (25%) in such requirements;

E.

Height, location or construction requirements for fences, walls and hedges.

F.

Height and square footage limits for accessory buildings per Section 19.08.180.A.

(Ord. G-6297 § 71, 1996: Ord. G-5346 § 107, 1990; Prior code § 7290.04)

(Ord. No. G-8725, § 22, 7-11-17)

The decisionmaking authority may approve, conditionally approve or deny an application for a modification if it finds all of the following:

A.

The modification does not exceed the limits specified in Section 19.110.040 of this chapter;

B.

The granting of the modification will not be materially detrimental to the public health, safety or welfare or to property or residents in the vicinity;

C.

Either of the following:

1.

The modification would promote uniformity in development on the lot or in the area,

2.

The modification would alleviate an unreasonable hardship on the property owner or applicant imposed by the strict application of the requirements of this title.

(Prior code § 7290.05)

A.

Any zone modification granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this title. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a zone modification has been approved pursuant to this chapter has not commenced, or permits for such development have not been issued, within one (1) year of the granting of the zone modification, the zone modification shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon the written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Prior code § 7290.06)

Any zone modification issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7290.07)