A. The purpose of a minor zoning adjustment procedure is to provide a simplified means of considering minor deviations from certain development standards set forth in any zone which are not detrimental to the public health, safety or welfare.
B. Any person, firm, corporation or other entity may apply in writing to the director of the department of planning and community development for a minor zoning adjustment. The director of the department of planning and community development shall review and make a determination concerning all applications for minor zoning adjustments. Applications for minor zoning adjustments shall be limited to an application for any one or more of the following:
1. A reduction in lot and building area requirements by not more than ten percent of that otherwise required in any zone;
2. A reduction in setback requirements by permitting portions of a building to extend into and occupy not more than ten percent of the required setback;
3. A reduction in parking requirements for commercial or industrial uses by not more than ten percent; provided, that the reduction does not exceed two parking spaces for any lot.
C. In approving or conditionally approving a minor zoning adjustment, the director of the department of planning and community development shall find that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of development standards set forth for the zone deprives such property of privileges enjoyed by other property in the zone. In addition, the director of the department of planning and community development shall find:
1. There are practical reasons or benefits of improved design which justify a deviation from prescribed development standards.
2. The adjustment, with any conditions imposed, will provide equal or greater benefit to adjacent property.
3. The adjustment is not in conflict with the objectives of the general plan or the general intent of this title.
D. Upon appeal to the planning commission of any decision of the director of the department of planning and community development made pursuant to this section, the planning commission shall set the matter for hearing and determination in accordance with this chapter.
(Ord. 85-09-955 § 1 (part), 1986; Ord. 82-6-892 § 3)