A. Application for an exception from a particular provision, regulation, or design standard may be made as an administrative exception. Neither the number, size, location nor maintenance of existing parking and loading spaces shall be altered or reduced below the requirements specified for the use except if authorized with the approval of an exception request. Application fees for administrative exceptions are as per the current fee schedule adopted by the City Council.
B. Modifications that are considered to be minor in nature, as determined by the Community Development Director or his/her designee shall not require application or payment of fees.
C. Exceptions may be considered for the number and/or type of required parking spaces and loading spaces, the location of the parking area with respect to the facility being served, and/or design standards for items such as, lighting, landscaping, parking, circulation, etc. Exception requests for more than thirty five percent (35%) of the required standard shall be subject to an open public meeting before the Planning and Zoning Commission. Exception requests for more than fifty percent (50%) of the required standard shall be subject to a public hearing process before the Planning and Zoning Commission as identified in Hayden City Code 11-1-7E.1.
D. Exceptions and minor modifications may only be granted based upon the following findings:
1. The requested exception is based upon a unique character or feature of the property or use, which does not generally apply to other properties or similar uses subject to the requirement from which an exception is sought;
2. The requested exception will not be injurious to the public safety and welfare;
3. If approved, the requested exception or minor modification will be equally protective of the public interest, and will otherwise achieve the identified purposes of this chapter; and
4. If a reduction in required parking is requested, the applicant has provided sufficient evidence to demonstrate that the off street parking proposed will be adequate to meet the needs of the present use, and likely future uses; such evidence may include, but is not limited to, a consideration of on street parking available to serve the subject property.
E. Decisions of the Community Development Director or his/her designee or Planning and Zoning Commission may be appealed to City Council as provided for in this title. (Ord. 619, 4-13-2021)