A.
Determination
of Comparable Use.
The City Manager may, when a proposed
use is requested but not listed within a District, determine the comparability
of the use to a listed permitted use and permit that use to occupy
a parcel within the zoning district most closely conforming to the
proposed use. Any appeal of the administrative decision shall be to
the Zoning Board of Adjustment and must be filed with the City Secretary
within 15 days of the date of the mailing of the decision.
B.
Administrative
Adjustments.
Administrative adjustments are specified
deviations from otherwise applicable development standards where development
is proposed that would be (1) compatible with surrounding land uses;
(2) in keeping with the public interest and (3) consistent with the
purposes of this Zoning Ordinance.
C.
Administrative
Adjustments Allowed.
The City Manager shall have the
authority to grant only the following administrative adjustments:
1.
Areas
with relatively narrow roadways not bordered by curbs and generally
uncharacteristic of urban streets allow an increase in the floor area
of a residential accessory building above 50 percent of the total
square footage of the principal structure, as long as the maximum
floor area ratio for the District is not exceeded.
4.
EXAMPLE:
Minimum front yard requirement of 20 feet may be varied by up to 10%
to a minimum of 18 feet.
5.
Allow
an all-weather surface to be substituted for the requirement to pave
the minimum off-street parking spaces required for single-family residences
and commercial properties, where the City Manager makes a finding
that the character of the surrounding area is principally recreational
or rustic in nature, with relatively narrow roadways not bordered
by curbs and generally uncharacteristic of urban streets.
|
Submission of Application. A complete application for an Administrative Adjustment shall be
submitted to the City Manager, along with the appropriate application
fee.
|
|
Action by City Manager. After
determining that the application is complete, the City Manager shall
review the application and approve, approve with conditions or deny
the application based upon the criteria below. A written decision
including affirmative findings on the criteria set forth below shall
be mailed to the applicant.
|
|
Administrative Adjustment Criteria. To approve an application for an Administrative Adjustment, the
City Manager shall make an affirmative finding that the following
criteria are met:
|
|
That granting the Administrative Adjustment will
ensure the same general level of land use compatibility as the otherwise
applicable standards.
|
|
That granting the Administrative Adjustment will
not materially and adversely affect adjacent land uses and the physical
character of uses in the immediate vicinity of the proposed development
because of inadequate buffering, screening, setbacks and other environmental
considerations.
|
|
That granting the Administrative Adjustment will
not adversely affect value of nearby property in any material way.
|
|
That granting the Administrative Adjustment will
be generally consistent with the purposes and intent of this Zoning
Ordinance.
|
|
Appeals. Appeal of an administrative
adjustment to the Zoning Board of Adjustment shall be made within
fifteen (15) days of the mailing of the City Manager’s decision.
|
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
A.
Authority.
The City Manager shall have authority to make all written interpretations
concerning the provisions of this Zoning Ordinance and the Official
Zoning Map.
B.
Request
for Interpretation.
A request for interpretation shall
be submitted to the City Manager in a form established by the City
Manager and made available to the public[.]
C.
Interpretation
by City Manager.
Within 10 working days after a request
for interpretation has been submitted, the City Manager shall: (1)
review and evaluate the request based on the text of this Zoning Ordinance,
the Official Zoning Map, the Comprehensive Plan and any other relevant
information; (2) consult with other staff, as necessary; and (3) render
an opinion. The interpretation shall be provided to the applicant
in writing by mail.
|
Official Record. The City Manager shall
maintain an official record of interpretations. The record of interpretations
shall be available for public inspection during normal business hours.
|
|
Appeal of Administrative decision. Any
applicant in disagreement with an administrative decision may seek
an interpretation for correctness by the Zoning Board of Adjustment.
|
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
