San Juan Bautista City Zoning Code
CHAPTER 11
14 EXCEPTIONS
§ 11-14-010 Height.
Height limitations set forth in this Title shall not apply to church spires, belfries, cupolas and domes, water towers, fire and hose towers, observation towers, distribution and transmission lines, antennas, towers and poles, windmills, chimneys, smokestacks, flagpoles, radio towers, masts, aerials, and parapet walls; provided, that the building element does not extend more than four feet (4') above the limiting height of the building.
§ 11-14-030 Storage of construction equipment.
No person shall store any commercial or construction equipment or materials on any occupied lot or parcel in any zoning district of the City except in the commercial or industrial districts per Chapter 11-04 SJBMC. Equipment or materials being used for construction on the premises where a valid building permit has been issued or applied for may be stored thereon during construction.
§ 11-14-050 Exceptions granted by Planning Commission.
(A)
Authority. To ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, the Planning Commission may grant an exception to the following code requirements:
(1)
Fence Height. In any district, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of two feet (2'), where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar circumstances.
(2)
Setbacks. In any district, the minimum setback may be decreased by not more than twenty-five percent (25%) for front and rear yard areas and not by more than forty percent (40%) in side yard areas where the proposed setback area or yard is in character with the surrounding properties, and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.
(3)
Site Coverage. In any district, the maximum site coverage may be increased by not more than ten percent (10%) of the lot area, where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites.
(4)
Height. In any district a ten percent (10%) increase in the maximum building height limitation may be allowed. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.
(5)
Parking.
(a)
A maximum twenty-five percent (25%) reduction of the required on-site parking may be authorized for a use to be located on a site not more than three hundred feet (300') from the site of the use for which such parking is required, where such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. Reciprocal or egress-easements shall be required for the off-site parking prior to establishing the use for which parking is required.
(b)
A maximum twenty-five percent (25%) reduction of the required on-site parking may be authorized where such reduction will not result in a traffic hazard, impact the necessary parking for the use, and will not impact abutting uses.
(B)
Application. An application for an exception shall be filed at City Hall, in a form prescribed by the City Manager or designee.
(C)
Notification. The City Manager or designee shall notify the applicant and contiguous property owners and other parties requesting notice of the proposed exception by mail ten (10) days prior to the consideration of the Planning Commission.
(D)
Conditions of Approval. The Planning Commission may impose reasonable conditions on an approval of an exception. Conditions may include, but not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening, requirements for installation and maintenance of landscaping and erosion control measures, regulation of vehicular ingress and egress, and traffic circulation, regulation of signs, establishment of development schedules or time limits for performance or completion, requirements for periodic review by the Planning Department and any other conditions as deemed necessary by the Planning Commission.
