Chapter 17-4.7 provides standards and procedures for adjustments and variances, which are modifications to development standards that are not otherwise permitted elsewhere in this Code.
(Ord. 2017-08 §1)
Adjustments are variances that are intended to provide relief from code standards in specific situations. Both procedures are intended to ensure that the resulting development is compatible with adjacent properties and is consistent with the intent of the Code.
A. 
Adjustments. Adjustments provide relief from specific code provisions when a code provision has the unintended effect of preventing reasonable development in conformance with all other code requirements. Adjustments are allowed in limited situations pursuant to Section 17-4.7.030.
B. 
Variances. Variances provide greater flexibility to code standards than adjustments, where the physical characteristics of a site or its surroundings prevent reasonable development in compliance with a code standard.
(Ord. 2017-08 §1)
Adjustments are minor modifications to code standards that are intended to provide reasonable flexibility for planned land uses and development. Adjustments are subject to the following standards and procedures. Permitted uses, as provided in Division II, shall not be adjusted.
A. 
Applicability. The Planning Official or Planning Commission, through a Type II procedure, may adjust the following standards:
1. 
Setbacks. Up to a 20 percent reduction to a minimum setback.
2. 
Lot Coverage. Up to a 20 percent increase to the maximum lot coverage.
3. 
Lot Dimensions. Up to a 20 percent decrease to a minimum lot dimension.
4. 
Lot Area. Up to a 20 percent decrease in minimum lot area.
5. 
Other Dimensional Standards. Up to a 20 percent increase or decrease in a quantitative (numerical) standard not listed above. This option is limited to standards in Division II (Tables 17-2.2.040.D and 17-2.2.040.E, and Chapter 17-2.3 Special Use Standards) and Division III; it does not include building code requirements, engineering design standards, public safety standards, or standards implementing state or federal requirements, as determined by the Planning Official.
B. 
Approval Criteria. The City may grant an Adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.
1. 
The Adjustment allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses;
2. 
The Adjustment is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;
3. 
Approval of the Adjustment does not create: (a) violation(s) of any other adopted ordinance or code standard, and (b) does not create the need for a Variance;
4. 
An application for an Adjustment is limited to one lot per application;
5. 
Requests for more than one Adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the City;
6. 
Not more than three Adjustments may be approved for one lot or parcel in a continuous 12-month period; and
7. 
All applicable building code requirements and engineering design standards shall be met.
(Ord. 2017-08 §1)
A. 
Applicability. A Variance is similar to an Adjustment, but does not otherwise meet the criteria under Section 17-4.7.030.
B. 
Approval Criteria. The Planning Commission through a Type III procedure may approve a Variance upon finding that it meets all of the following criteria:
1. 
The Variance is necessary because the subject Code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance;
2. 
The Variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
3. 
The need for the Variance is not self-imposed by the applicant or property owner. (For example, the Variance request does not arise as a result of a property line adjustment or land division approval previously granted to the applicant);
4. 
The Variance does not conflict with other applicable City policies or other applicable regulations;
5. 
The Variance will result in no foreseeable harm to adjacent property owners or the public; and
6. 
All applicable building code requirements and engineering design standards shall be met.
(Ord. 2017-08 §1)
Approvals granted under Chapter 17-4.7 shall expire if not acted upon by the property owner within one year of the City approving the variance. Where the owner has applied for a building permit or final plat, has made site improvements consistent with an approved development plan (e.g., Site Design Review or preliminary subdivision plan), or provides other evidence of working in good faith toward completing the project, the Planning Official may extend an approval accordingly.
(Ord. 2017-08 §1)