[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.
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]
Administrative adjustment applications must be filed with the
Community Development Director.
[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.
[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.
