Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in Chapter 19.12, and this section for all zoning districts except the RHS Zoning District, in which case a Hillside Exception must be obtained in accord with the requirements of Section 19.40.040 and Section 19.40.070.
The Approval Body may grant the exception based upon the following findings:
1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter.
2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare.
3. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic.
5. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010.
6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access.
7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy.
(Ord. 2085, § 2 (part), 2011)