A. Review Authority. variances may be granted in compliance with the following:
1. Commission. The commission may grant variances in compliance with subsection C.. below, subject to the appeal provisions of Chapter 16.78; and
2. Director. The director may grant minor variances in compliance with subsection B., below, subject to the appeal provisions of Chapter 16.78. and state law (Government Code Section 65901). The director may refer the application to the commission.
B. Minor Variances. The director may grant an adjustment from the requirements of this development code governing only the following development standards:
1. Allowed Projections. An increase, of not more than twenty (20) percent, in the allowed projection of canopies. cornices, eaves. fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with Section 16.18.140 (Setback Regulations and Exceptions.);
2. Fence or Wall Height. An increase, of not more than twenty (20) percent, in the maximum allowed height ofa fence or wall. in compliance with Chapter 16.22 (Fences, Hedges, and Walls) and subject to city approved structural design standards;
3. Off-Street Parking. A reduction, of not more than thirty (30) percent, in the number of required off-street parking or loading spaces;
4. Parcel Coverage. Up to a thirty (30) percent increase in the maximum parcel coverage standard;
5. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas. and equipment only as follows:
a. Up to a forty (40) percent reduction of the required front yard setback, provided that a setback of at least fifteen (15) feet to the front property line is maintained;
b. Up to a thirty (30) percent reduction of the required side yard setback, provided that a setback of at least three feet is maintained; and
c. Up to a thirty (30) percent reduction of the required rear yard setback, provided that a setback of at least three feet is maintained.
6. Structure Height. An increase, of not more than thirty (30) percent. in the maximum allowed structure height. A height increase of not more than two feet shall be considered a minor variance: and
7. Other Standards. The director shall also be allowed to vary other standards including minor operational/performance standards relating to dust, hours of operation. landscaping/parking, light, noise, etc. Any minor variance request which exceeds the limitations outlined in this subsection shall require the filing of a variance application in compliance with subsection C.(variances), below.
C. Variances. The commission may grant an adjustment from the requirements ofthis development code governing only the following development standards:
1. Adjustments Exceeding a Minor Variance. Any development standard specified in subsection B. (minor variances), above, where the requested adjustment exceeds the maximum limitations for a minor variance;
2. Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, fence and wall requirements, landscape and paving requirements, parcel dimensions, off-street parking areas, open space, etc.;
4. Off-street Parking. Greater than a thirty (30) percent in the number of off-street parking spaces, loading spaces, landscaping, etc:
5. Parcel Coverage. Greater than a thirty (30) percent increase in the maximum parcel coverage standard;
6. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas, and equipment only as follows:
a. Greater than a forty (40) percent reduction of the required front yard setback: and
b. Greater than a thirty (30) percent reduction of the required side or rear yard setback.
7. Signs. A change related to the number, placement, size, or illumination of on- or off-site signs (other than prohibited signs);
8. Structure Height. Greater than a thirty (30) percent increase in the maximum allowed structure height.
9. Other Standards. Other standards including operational/performance standards relating to dust, hours of operation, landscaping, light, noise, number of employees. parking, etc.
(Ord. 182 § 2 (part), 1997)