[Ord. No. 19-2020, 6-8-2020]
Administrative adjustments are intended to provide a streamlined approval procedure for very minor modifications of selected zoning chapter regulations. Administrative adjustments are further intended to:
(a) 
Allow development and construction that is in keeping with the general purpose and intent of zoning chapter regulations and the established character of the area in which the development or construction is located;
(b) 
Provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and
(c) 
Provide flexibility for new construction when such flexibility is in keeping with the general purpose and intent of zoning chapter regulations and will not adversely affect nearby properties or surrounding neighborhood character.
[Ord. No. 19-2020, 6-8-2020]
(a) 
The Community Development Director may approve an administrative adjustment, in accordance with the procedures of this division, only for the following:
[Amended 2-28-2022 by Ord. No. 11-2022; 7-25-2022 by Ord. No. 23-2022]
(1) 
A reduction of minimum required street setbacks by up to five feet;
(2) 
A modification of required side and rear setbacks in any R District by up to 15%;
(3) 
A modification of applicable build-to zone regulations by up to 15%;
(4) 
An increase in building height by up to 10% if it does not increase the number of allowed building stories;
(5) 
A reduction of minimum transparency requirements by up to 10 square feet or 20%, whichever is greater;
(6) 
A modification of lot width, lot area, and lot frontage requirements by up to 15%;
(7) 
A modification of minimum and maximum motor vehicle parking requirements by up to 10% or one space whichever is greater; and
(8) 
A reduction of minimum bicycle parking requirements by up to 25% or two spaces, whichever is greater.
(9) 
Relief from any provision of this chapter to accommodate disabled persons.
a. 
Disabled persons shall be:
1. 
Defined according to the Americans with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
2. 
The owner or tenant of a property.
b. 
Such relief shall:
1. 
Relate to the person's disability.
2. 
Be the minimum necessary to grant relief and full enjoyment of the property.
3. 
Modify zoning requirements for existing or new housing for an occupant with a disability.
c. 
The Zoning Board of Appeals may approve any application that meets the spirit but not the letter of these requirements. This process will follow the procedures set forth in § 90-490.70(c): as an administrative appeal, with the exception that their decision will be based on the provisions in Subsection (a)(9)a and b as recommended criteria.
(b) 
The administrative adjustment procedures may not be used to vary, modify, or otherwise override a condition of approval or requirement imposed by an authorized decision-making body.
[Ord. No. 19-2020, 6-8-2020]
Administrative adjustment applications may be filed by eligible applicants or an eligible applicant's authorized agent. (See 90-510.40.)
[Ord. No. 19-2020, 6-8-2020]
(a) 
The applicant is responsible for delivering written notice of application filing to all owners of property abutting the subject lot and owners of property separated from the subject property solely by public right-of-way.
(b) 
The written notice must describe the nature of the requested administrative adjustment. It must also indicate the date on which the Community Development Director will take action on the application and that the application will be available for review and comment until that date. Any interested party may submit written comments concerning the application to the Community Development Director.
[Ord. No. 19-2020, 6-8-2020]
(a) 
The Community Development Director must review each application for an administrative adjustment and act to approve the application, approve the application with conditions or deny the application. Alternatively, the Community Development Director is authorized to refer the application to the Zoning Board of Appeals for consideration as a zoning variance request.
(b) 
The Community Development Director may not take final action to approve or deny an administrative adjustment application until at least seven days after the date that required notices are provided to surrounding property owners.
(c) 
If a property owner who has received notice of the administrative adjustment application provides a written objection to the administrative adjustment before the date of intended action indicated on the notice, the Community Development Director must refer the application to the Zoning Board of Appeals for consideration as a zoning variance. No additional fees are required other than fees to cover the cost of required notice of the Zoning Board of Appeals public hearing.
(d) 
The Community Development Director's decision to approve or deny an administrative adjustment must be based on the review criteria and standards of § 90-565.70.
[Ord. No. 19-2020, 6-8-2020]
Administrative adjustments may be approved only when the Community Development Director determines that the following general approval criteria and any specific criteria associated with the authorized administrative adjustment have been met:
(a) 
There are conditions unique to the subject property that do not apply generally to other properties in the district;
(b) 
The requested administrative adjustment is not contrary to the spirit, purpose, and intent of the regulations of this zoning chapter and is not contrary to the public interest;
(c) 
The requested administrative adjustment will not create substantial detriment to adjacent property;
(d) 
The requested administrative adjustment will not result in building or development that is incompatible with the character of the immediate neighborhood; and
(e) 
If part of a larger development, the requested administrative adjustments will not bring the overall average building(s) or lot(s) out of compliance with established minimums or maximums of the zoning district.
[Added 2-28-2022 by Ord. No. 11-2022]
[Ord. No. 19-2020, 6-8-2020]
In granting an administrative adjustment, the Community Development Director is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
The applicant may appeal a decision to deny an administrative adjustment to the Zoning Board of Appeals. In the case of an appeal, the Zoning Board of Appeals must consider the request as a zoning variance. No additional fees are required other than fees to cover the cost of required notice of the Zoning Board of Appeals public hearing.
[Ord. No. 19-2020, 6-8-2020]
At least once per calendar year, the Community Development Director must provide to the Zoning Board of Appeals a summary of all administrative adjustment decisions.
[Ord. No. 19-2020, 6-8-2020]
Approved administrative adjustments run with the land and are not affected by changes of tenancy, ownership, or management.
[Ord. No. 19-2020, 6-8-2020]
An approved administrative adjustment will lapse and have no further effect one year after it is approved by the Community Development Director, unless:
(a) 
A building permit has been issued (if required);
(b) 
The use or structure has been lawfully established.