§ 10-7.503. Exceptions.

(a)

Existing Development Exception . All legally established development (buildings, parking and other physical site improvements) in existence prior to June 25, 2015 is subject to the following provisions:

(1)

Development Standards .

(i)

Remodels and repairs of existing buildings and expansions up to 25% of the existing total building gross floor area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation (see definition in Section 10-7.516) that applied to the parcel, as shown on Figure 7.5-1.

(ii)

Repairs and changes to site improvements and expansions up to 25% of the existing total land area, may utilize the development standards applicable to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1.

(iii)

Expansions of more than twenty-five (25) percent are subject to the development standards of this article unless an administrative exception is granted by the Director to allow using applicable development standards to the Downtown Modesto Historic Zoning Designation that applied to the parcel, as shown on Figure 7.5-1. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(iv)

The Traditional Neighborhood Downtown Zone shall be considered equivalent to the R-2 Zone when applying the development standards for expansions authorized under Sections (i)—(iii) above.

(v)

Alternatively, expansions of buildings and land area may utilize the development standards applicable to the parcel by the provisions of this Article.

(2)

Use Types . All uses in the Downtown Zones shall be in accordance with this article, except as provided below:

(i)

All permitted uses legally established prior to June 25, 2015 may continue to operate and may be replaced by a non-conforming use of the same type and expanded by up to twenty-five (25) percent. Replacement uses shall be limited to uses permitted by the previous zoning (Figure 7.5-1). Once a new use permitted by this article replaces a use not permitted by this article, then all future uses shall be in accordance with this article.

(ii)

No use existing on the date of the adoption of this article may be expanded more than twenty-five (25) percent in area unless the use is in full conformance with the provisions of this article unless an administrative exception is granted by the Director to allow the expansion of the existing use. In granting an exception, the Director shall utilize the criteria provided in Section 10-7.503 (a) (3).

(3)

Criteria for Expansion . Expansions of existing development include building and use expansions on the subject property. Expansions not consistent with this article may occur onto adjacent properties subject to a Conditional Use Permit. Use and building expansions of more than twenty-five (25) percent shall meet at least three (3) of the following criteria.

(i)

The expansion is not detrimental to the implementation of the Downtown Zone in which the expansion is located.

(ii)

The expansion maintains compatibility with neighboring properties.

(iii)

The expansion promotes economic development and revitalization of the downtown area.

(iv)

The expansion allows adaptive reuse of buildings and/or land.

(b)

New Development Exception . It is recognized that there exists in the Downtown area many older lots and buildings that pre-exist current regulations and that it may not be feasible for development on these sub-standard parcels or buildings to meet all of the standards of this article. Consequently, the Director may grant an administrative exception to allow for minor deviations from the development standards of this article, with or without conditions, only after determining that:

(1)

No practical alternative exists;

(2)

The development would still achieve the purpose and objectives of the subject Downtown Zone set forth in section 10-7.505;

(3)

No detrimental impact would result to the project site or neighboring properties;

(4)

The proposed project would otherwise be in compliance with all applicable standards and requirements; and,

(5)

The deviation granted is the minimum deviation necessary to make possible the development of the property in a manner that otherwise complies with the provisions of this article.

(c)

Previously Approved Project Exception . All unexpired development approvals granted in the Downtown Zones approved prior to June 25, 2015, but not yet constructed, shall be allowed to develop in accordance with the previous approval.

(d)

Warrants for Central and Transition Downtown Zones . A warrant is a minor deviation in the setback or stepback provisions that under limited circumstances still achieves the objectives specified in the purpose and intent of the Central and Transition Downtown Zones sections found in section 10-7.505. Deviations from the following development provisions may be approved by the Director where the following findings are made:

(1)

Minimum 15-foot stepback from street property line(s) above the sixth floor within the Central and Transition Downtown Zones:

(i)

The building occupies a corner lot;

(ii)

No other deviations of this nature exist within buildings fronting on street sections extending one (1) block from the associated intersection;

(iii)

The width of the building along any public street is no more than one hundred (100) feet, and

(iv)

The building is no more than ten (10) stories tall in the Central Downtown Zone or eight (8) stories tall in the Transition Downtown Zone; and,

(v)

The building maintains a setback of at least five (5) feet above the sixth floor.

(2)

Minimum 30-foot stepback from the interior property line above the sixth floor within the Central and Transition Downtown Zones:

(i)

The width of the subject parcel is less than one hundred ten (110) feet;

(ii)

No more than two (2) other buildings constructed above six (6) stories exist within the subject block frontage; and

(iii)

The building maintains a setback of at least twenty (20) feet above the sixth floor.

(3)

Maximum zero-foot setback from interior property line at floors 1—6 within the Central and Transition Downtown Zones:

(i)

The area is provided for a paseo or a plaza; and

(ii)

No more than one (1) other paseo or plaza exists within the subject block frontage; and,

(iii)

A minimum ten-foot wide, unobstructed pedestrian access/circulation area is provided.

(e)

Civic Buildings . Deviations for civic buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1)

The property is proposed to be used for civic building(s)/grounds that provide a regional amenity by furthering cultural opportunities, or the subject property is proposed to be used for governmental civic building(s)/grounds that provide a necessary service or particular societal amenity; and,

(2)

The nature of the civic building(s)/grounds is such that application of the provisions of this article would preclude its use for the intended purpose.

(f)

Landmark Building s Deviations for landmark buildings from the provisions of this article that are not provided for by warrant may be approved by Board of Zoning Adjustment provided the following findings can be made:

(1)

The property is proposed to be developed with a building or structure that employs a form and architectural style that is of high quality and will serve as a landmark attraction that is uniquely recognizable as being associated with Modesto; and,

(2)

The form and architectural style cannot be achieved without a deviation from the provisions of this article.

(Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)