The purpose of this section is to grant authority to the Zoning Administrator in accordance with the provisions of Chapter 18.38 of this title to take action on requests for minor modifications or adjustments to certain requirements of this chapter when such requests constitute a reasonable use of property not permissible under a strict or literal interpretation of the regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Administrative adjustments are a non-public hearing matter and are not subject to the public noticing requirements of Section 18.36.700. However, applications for adjustment shall include a list and notification of all abutting property owners of the exterior boundaries of the subject property and those additional properties deemed advisable by the Zoning Administrator.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed by this article. A single application may include requests for adjustments from more than one regulation applicable to the same site, or for adjustments on two or more properties.
(Ord. 2004-884; Ord. 2019-1056 § 3)
For any agricultural or animal husbandry activity or project conducted on a temporary basis primarily for educational purposes or school credits, an administrative adjustment may be granted in any district when determined by the Community Development Director that such use does not cause a public nuisance relative to sanitation and health conditions. The requirements of Sections 18.36.310 and 18.36.320 shall not apply to such activities.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The Zoning Administrator shall make the following findings before granting an administrative adjustment:
A. 
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B. 
That the granting of the administrative adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which said property is situated.
C. 
That the granting of the administrative adjustment does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
(Ord. 2019-1056 § 3)
The purpose of this section is to provide a mechanism through which the City can, in compliance with Federal law, grant reasonable adjustments to the strict requirements of this title where necessary to avoid discrimination against individuals with disabilities.
A. 
The following procedures shall apply:
1. 
The Zoning Administrator shall be the decision-maker for applications for such adjustments; provided, however, the decision-maker shall be the Planning Commission when such applications are combined with an application for a design review, conditional use permit or variance, parcel map, tract map, or other discretionary action requiring review and approval by the Planning Commission.
2. 
The application, notice, and hearing procedures for considering applications for such exceptions shall be as set forth in Section 18.36.310, unless the request for such modification is being processed concurrently with another discretionary permit, in which case the procedures and requirements pertaining to that discretionary permit shall apply.
3. 
An individual with a disability, or designated representative, may request that any applicable development standard be modified to prevent discrimination against such individual on the basis of the individual's disability. Such adjustments shall not be granted to any applicable development standard relating to gross floor area, density or lot coverage.
4. 
Any adjustment granted for an individual with a disability shall be a personal accommodation for the individual applicant and shall not run with the land. Prior to the issuance of a building permit for such adjustment, the permittee shall execute a notarized statement to permit the City to inspect the affected premises at least annually to verify compliance with this section and with any applicable conditions of approval. Prior to any transfer of interest in the premises, the permittee shall notify the transferee of the existence of the adjustment, the personal status of the adjustment and the requirement that the transferee apply for a new adjustment as necessary. Once such transfer takes effect, the adjustment shall have no further validity.
B. 
Findings. After notice and a hearing, the decision-maker shall grant the application for adjustment upon making all of the following findings:
1. 
The individual requesting the adjustment is a qualified individual with a disability.
2. 
The requested adjustment to the strict requirements of this title is a reasonable modification on the part of the City made necessary by Federal law to avoid discrimination on the basis of disability, and to assure that the qualified individual with a disability has the opportunity to enjoy the rights, privileges, and opportunities available to residents or property owners, as applicable, in the same zoning classification.
3. 
All or any necessary conditions have been imposed to ensure that the adjustment shall not be detrimental to the public health and safety.
(Ord. 2004-884; Ord. 2019-1056 § 3)