8.8.B Minor Modification | Sedona Land Development Code

The minor modification procedure is intended to allow relatively small adjustments or deviations from the dimensional or numeric standards of this Code where strict application of the Code would result in practical difficulty or undue hardship preventing the use of the land as otherwise allowed by the Code. Minor modifications are intended to provide greater flexibility when necessary, without requiring a formal zoning amendment or variance. The minor modification procedure is not a waiver of current standards of this Code and shall not be used to circumvent the variance procedure.

All available incentives and allowances in this Code shall be used before a minor modification may be considered, including but not limited to the exceptions in Section 2.24, Measurements and Exceptions. (For example, an applicant shall apply all available alternate standards for increased height before applying for a minor modification for increased height.)

An application for a minor modification that is not related to a request for “reasonable accommodation” under the Federal Fair Housing Act or the Religious Land Use and Institutionalized Persons Act may request only the types of adjustments shown in Table 8.3.

Table 8.3 Allowable Minor Modifications
Code Standard	Allowable Modification (maximum percentage)
Site Standards
Lot area, minimum	10
Lot coverage, maximum	10
Block length, minimum or maximum	10
Lot Dimensional Standards
Front setback, minimum	25
Side setback, minimum	25
Rear setback, minimum	25
Encroachment into setback pursuant to Table 2.6, maximum	10
Building Standards
Building height, maximum	10
Accessory building height, maximum	10
Projection into height requirement pursuant to Table 2.7, maximum	10
Development Standards
Number of required parking spaces, maximum or minimum	10
Lighting height, maximum	10
Sign height, maximum	10
Fence or wall height, maximum	25 (1-foot maximum) (up to 8 feet for commercial use to address grade changes or other site-specific issues)
Minimum landscaping requirements	10

1. In response to a written application identifying the type of housing being provided and the portions of the Federal Fair Housing Act that require that reasonable accommodations be made for such housing, the Director is authorized to take any of the following actions in order to provide reasonable accommodations without the need for a rezoning or variance:

i. Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than 10 percent; or

ii. Reduce any off-street parking requirement by no more than one space.

2. The Director may approve a type of reasonable accommodation different from that requested by the applicant if the Director concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent areas. The decision of the Director shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. Requests for types of accommodation that are not listed above may only be approved through a variance or rezoning process.

The Director may grant minor modifications in order to eliminate a substantial burden on religious exercise as guaranteed by the Federal Religious Land Use and Institutionalized Persons Act of 2000, as amended. In no circumstance shall the Director approve a modification that allows a religious assembly use, or any uses, structures, or activities accessory to it, in a zoning district where this Code prohibits such use or accessory use, structure, or activity.

a. Except when requested as a reasonable accommodation for FFHA or RLUIPA purposes, a request for a minor modification shall not be used to further modify a development standard that, as applied to the subject property, already qualifies as an exception to, or modification of, a generally applicable development standard required under Article 5: Development Standards.

b. The minor modification procedure shall not apply to any proposed modification or deviation that results in:

1. An increase in the overall project density;

2. A change in permitted uses or mix of uses;

3. A deviation from building or fire codes;

4. A deviation from engineering standards;

5. Requirements for public roadways, utilities, or other public infrastructure or facilities; or

6. A change to a development standard where that same standard was already modified through a separate minor modification or variance.

1. An application for a minor modification shall only be submitted and reviewed concurrently with an application for a conditional use permit, temporary use permit, development review approval (minor or major), single-family residential review, or plat approval (minor, preliminary, final, or condominium). Each Code standard in Table 8.3 shall be considered a separate minor modification request as it relates to the approval criteria in Section 8.8.B(5), but multiple modifications may be considered in one minor modification application.

2. A minimum of 15 days prior to a decision on a proposed minor modification, the owners of all properties within 100 feet of the exterior boundaries of the subject property shall be notified by first class mail.

1. Where the concurrently reviewed application requires review and approval by the Director, the Director shall review the application and shall approve, approve with conditions, or deny the modification based on the criteria in Section 8.8.B(5).

2. Where the concurrently reviewed application requires review and approval by the Planning and Zoning Commission or City Council, the Commission or Council, as applicable, shall review and decide the minor modification application based on the criteria in Section 8.8.B(5).

Approval of a minor modification authorizes only the particular adjustment of standards approved, and only to the subject property of the application.

A minor modification shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise deemed invalid.

A minor modification may be approved if the decision-making body finds that the modification:

a. The minor modification requested does not constitute a special privilege inconsistent with limitations on other properties classified in the same zoning district.

b. The strict application of the Code standards for which a minor modification is sought would produce undue hardship not related to purposes of convenience or financial burden.

c. The applicant did not create the hardship by their own actions.

d. The minor modification requested does not harm the public and does not impair the intent or purposes of this Code, goals, and policies, including the specific regulation for which the minor modification is sought.

e. The minor modification request will not violate building or fire code requirements or create a safety hazard.

f. The requested minor modification is the minimum relief necessary from the subject standards of the Code.

g. The minor modification is warranted for one or more of the following reasons:

1. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district.

2. The minor modification furthers the goals of the Sedona Community Plan and/or other adopted plans.

3. The subject property has an exceptional shape, topography, building configuration or other exceptional site condition that is not a general condition throughout the zoning district.

4. The minor modification is of a technical nature and is required to protect a sensitive resource, natural feature, or community asset. [Ord. 2021-03 § 1, 6-8-21; Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].