This article is intended to provide a means of granting relief from the requirements of these planning regulations for minor deviations from dimensional and design standards when strict application would preclude an effective design solution improving livability, operational efficiency, or appearance, and fulfilling the basic intent of the applicable regulation.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Exceptions to standards may be granted for:
(a) 
Minimum yards in the residential zones, up to one-third (1/3) of the required setback.
(b) 
Maximum height of fences and freestanding walls in the residential zones.
(c) 
Minimum landscaping, up to ten percent (10%) of required landscaping for sites or parking lots.
(d) 
Parking space dimensions, up to five percent (5%) of length and/or width for no more than ten percent (10%) of spaces.
(e) 
Individual establishment sign dimensions up to five percent (5%) of any linear dimension or ten percent (10%) of any area dimension; provided, that the maximum aggregate sign area for the establishment is not exceeded.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for an exception to standards shall be considered by the Director and shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications. An exception to standards application that is combined with another permit application that requires Planning Commission or City Council approval shall be acted upon by the Commission or Council concurrently with the other permit application.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
To grant an exception to standards, all of the following findings must be made:
(a) 
The proposal for which the exception is sought is consistent with the General Plan.
(b) 
Strict compliance with these planning regulations would preclude an effective design solution improving livability, operational efficiency, or appearance.
(c) 
The proposal for which the exception is sought would fulfill the basic intent of the applicable regulation.
(d) 
The proposal for which the exception is sought would comply with the applicable design review criteria at Section 9-7.406.
(e) 
The proposal for which the exception is sought would be compatible with, and would not adversely affect, the surrounding area, and would not be detrimental to the health or safety of the public or the occupants of the property.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Director's decision on an exception to standards may be appealed to the Planning Commission pursuant to Article 14 of this chapter. If the initial decision on the exception is made by the Planning Commission, the Commission's decision may be appealed to the City Council pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)