(A) Intent. The Minor Modification procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed.
(B) Applicability.
(1) For the purposes of this Chapter 16.222, a Minor Modification application shall be filed whenever any one of the following deviations from the provisions of this Title 16 is proposed to allow:
(a) A modification of distance or area regulations not exceeding:
i. Twenty percent of the required front, side, rear, or courtyard distances or other open space requirements;
ii. Twenty percent of the height limitations for antennas; or
iii. Ten percent of the lot coverage requirement.
(b) A modification of automobile parking space requirements, whereby a reduction of not more than 10% of the required spaces is proposed.
(c) In compliance with §16.46.040, when it can be demonstrated that the parking demand will be reduced by one or more methods, including, but not limited to carpools/vanpools, varied work shifts, company owned buses, etc., parking may be reduced by not more than 50%.
(d) A modification of private usable open space requirements.
(e) Additions to structures that are nonconforming as to side yard, rear yard, or lot coverage, provided that the additions meet the requirements of this Title 16.
(f) Walls, hedges, or fences to exceed the height limits established in Chapter 16.44 (Fences, Walls, and Hedges) of this Title 16 and to permit them to be located within setback areas where consistent with safety and neighborhood appearance.
(g) To allow a single extension of time not to exceed one year of a current permit or variance where the use is not in conflict with the adopted general plan, has not been prohibited by the Planning Commission, and is not of a controversial nature.
(2) Modifications in excess of those cited in subparagraph (1) above shall require a Variance pursuant to Chapter 16.220 (Variances) of this Title 16.
(Ord. 1104, passed 7-19-04; Am. Ord. 1159, passed 6-19-06)