These provisions shall ensure the following:
(a) 
Minor adjustments from standards contained in this title of the Turlock Municipal Code shall be granted only when, because of special circumstances applicable to the property, the strict application deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts.
(b) 
Any minor exception granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.
(1207-CS, Rep&ReEn, 05/28/2015)
An application for a minor exception shall be filed in a manner consistent with the requirements contained in Article 3 of this chapter for minor discretionary permits.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Director may grant a minor exception up to a maximum of ten (10%) percent governing only the following measurable design/site considerations:
(a) 
Distance between structures;
(b) 
Lot dimensions;
(c) 
On-site parking, loading, and landscaping;
(d) 
Setbacks;
(e) 
Structure heights.
Any minor exception request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application pursuant to Article 6 of this chapter. Minor exceptions may be approved by the Development Services Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed concurrently.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services 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, and the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity;
(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 ten (10%) percent of the standards 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.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
The burden of proof to establish the evidence in support of the findings as required by TMC 9-5-404 is the responsibility of the applicant.
(1207-CS, Rep&ReEn, 05/28/2015)
The granting of a minor exception is not admissible as evidence for the granting of a new minor exception.
(1207-CS, Rep&ReEn, 05/28/2015)
A minor exception approval shall expire after one (1) year if construction has not begun or the use commenced. If requested prior to expiration, the minor exception may be extended upon a finding of just cause.
(1207-CS, Rep&ReEn, 05/28/2015)