A. Minor Modifications; Exceptions:
1. Applicability: Application for an exception from a particular provision, regulation or standard of this chapter may be made in writing to the Community Development Director or his/her designee. Application fees for appeals and minor modifications are identified in the current fee schedule adopted by the City Council.
2. Minor Modifications: 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.
3. Exceptions: Exceptions may be considered for various aspects of the site, landscaping, parking and loading, and height of the utility structure.
a. Exception requests for up to twenty percent (20%) of the required standard shall be considered a minor modification and follow subsection A2 of this section.
b. Exception requests of more than twenty percent (20%) and less than fifty percent (50%) of the required standard shall be considered as a minor exception in nature and requires a public meeting with City Council.
c. Exception requests of more than fifty percent (50%) of the required standard shall be considered as a major exception in nature and requires a public hearing with the City Council.
4. Exceptions In Residential Zones: For utility infrastructure proposed to be located in a Residential Zone or within two hundred feet (200') of a Residential Zone, or in the Central Business District, unless the proposal qualifies as a preferred location on City-owned or operated property or facilities, the applicant must also demonstrate that the manner in which it proposes to fill the gap in coverage, meet capacity requirements, or technologies of a service network is the least intrusive on the Residential Zone.
5. Application And Submittal Requirements:
a. For a minor modification and/or an exception meeting subsection A3a of this section then the submittal requirements shall be the following:
(1) A written statement demonstrating how the exception would meet the criteria.
(2) A site plan, if different from that included within the utility compliance permit, that describes the proposed facility's design and dimensions, as it would appear with and without the minor modification or exception. Elevations showing all components should be shown with and without the exception.
(3) Color simulations before and after construction demonstrating compatibility with the vicinity, as it would appear with and without the exception.
b. An application and payment of fees as established by resolution of the City Council shall be required prior to City Council consideration of exceptions meeting subsections A3b and A3c of this section.
(1) The submittal requirements shall be the same as subsection A5a of this section for minor modification and/or an exception.
6. Approval: Exceptions and minor modifications may only be granted based upon the following findings:
a. The exception is consistent with the purpose of the development standard for which the exception is sought; and
b. The requested exception or minor modification is based upon a unique character or feature of the property or uses, which does not generally apply to other properties or similar uses subject to the requirement from which an exception is sought; and
c. The requested exception or minor modification will not be injurious to the public safety and welfare; and
d. 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
e. If a reduction in the 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; and
f. If a reduction in the required setback is requested, the applicant has provided sufficient evidence to demonstrate that the exception or minor modification will not be injurious to the public safety and welfare; and
g. If an increase in the allowed height of the utility infrastructure is requested, the applicant has provided sufficient evidence to demonstrate that the exception or minor modification will not be injurious to the public safety and welfare; and
h. Based on a visual analysis, the design minimizes the visual impacts to Residential Zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping, beyond the adopted standard.
7. Decisions: Decisions of the Community Development Director or his/her designee may be appealed to City Council as provided for in section 8-5-11 of this chapter. (Ord. 596, 5-24-2019)