17.52.100 Zone regulation administrative modification.
A. Purpose and Application. The purpose of this chapter is to provide limited administrative relief from the application of development requirements specified in this chapter 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 regulation modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.
B. Development Standards Subject to Modification. The planning director may approve modifications to the following design standards:
1. Distance between structures.
2. Fence and wall height and setback regulations.
3. Open space standards.
4. Reduce the required parking spaces in commercial, mixed-use, or industrial properties by up to ten percent.
5. Reduce structure setbacks and height by up to ten percent.
6. Swimming pool regulations.
C. Basis for Approval. The planning director may approve or conditionally approve a request for modification if he finds all of the following:
1. The modification does not exceed the limits specified in subsection (B) of this section;
2. 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;
3. Either of the following:
a. The modification would promote uniformity in development on the lot or in the area,
b. The modification would alleviate an unreasonable hardship on the property owner or applicant by the strict application of the requirements of this code.
D. Terms and Conditions.
1. 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 code. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.
2. 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 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-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.
E. Zone Modification Revocation and Modification. Any zone modification issued pursuant to this section may be revoked or modified pursuant to Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).