Section 25.12.1030 Review and decision-making process.

1. Hearing required. The zoning administrator shall conduct a public hearing in the same manner as prescribed in Chapter 25.22 on a minor modification request.

2. Notification: A notice of the public hearing shall be mailed to the applicant and to all owners of adjacent real property.

3. Findings and decision.

a. Within 10 days following the public hearing the zoning administrator shall issue a written decision to approve, approve with conditions or deny the minor modification. The decision must recite the findings upon which the approval or denial is based which shall include the following:

(1) Special circumstances apply to the property such that the terms of the ordinance can not be satisfied.

(2) The minor modification will not be detrimental to the public health, safety or general welfare.

(3) The minor modification will not have a substantial negative impact upon neighboring properties.

(4) The minor modification does not exceed the standards established in the listing of minor modifications in Section 25.12.1020 above

(5) The minor modification does not authorize a use or activity not otherwise expressly authorized by the regulations within the zoning district in which the property is located.

(6) The minor modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community

(7) The minor modification does not alter the applicant’ s obligation to comply with other applicable laws or regulations.

4. Recording of minor modifications. The applicant must record an approval of a minor modification in the office of the county recorder in order to make effective the approval. (Ord. 99-8572)