This chapter establishes an administrative permit to gain relief from the bulk and dimensional standards established for permitted uses in each zoning district as outlined in Table 18.10.040. In addition, the AATS process may be used for exceptions to the fence height limits established in NBMC § 18.18.175. An AATS permit is a Type I administrative permit. Any appeal to a decision(s) on administrative adjustment to standards shall be made to the examiner pursuant to Chapter 20.06 NBMC.
(Ord. 1256 § 1 (part), 2006)
The purpose of an administrative adjustment to bulk and dimensional standards or "AATS" is to provide flexibility in the application of bulk and dimensional standards pursuant to defined policies.
(Ord. 1256 § 1 (part), 2006)
A. 
AATS permits shall be processed as a Type I application in accordance with NBMC Title 20, Administration of Development Regulations.
B. 
Fees for an AATS permit shall be as established by city schedule and collected at the time of the AATS permit application.
(Ord. 1256 § 1 (part), 2006; Ord. 1464 § 1 (Exh. A (part)), 2012)
Application for an AATS shall include the following:
A. 
A written explanation outlining how the proposed deviation from standards would address each of the criteria in NBMC § 18.25.040(A) through (K).
B. 
Any associated land development permit submittals, both diagrammatic and written, shall clearly and accurately identify the administrative adjustment to standard(s) being sought.
C. 
An eight-and-one-half-inch by 11-inch or like-size scaled diagram depicting the adjustment property shall also be submitted.
(Ord. 1256 § 1 (part), 2006; Ord. 1464 § 1 (Exh. A (part)), 2012)
The director shall review an AATS application and make a determination of consistency with the following criteria:
A. 
Administrative adjustments shall apply only to limited circumstances and shall not apply in widespread fashion (e.g., to multiple subdivision lots or to other multiple applications on a site).
B. 
The adjustment must be consistent with the purpose, design guidelines, scale, and character of the underlying zoning district.
C. 
The adjustment must be consistent with city land use policies, including but not limited to those in the comprehensive plan.
D. 
The adjustment must not adversely impact adjacent and nearby property owners and public services, or public safety, including but not limited to necessary rights-of-way, easements, dedicated tracts, and emergency access points.
E. 
The adjustment shall meet any additional approval criteria in support of public health, safety, and welfare, as may be specified by the director of community services, based on his or her professional judgment.
F. 
The adjustment might allow development that is consistent with pre-existing, developed land uses immediately adjacent to a site.
G. 
The adjustment is necessary to permit the owner/occupant of a pre-existing, nonconforming building to make improvements and/or an addition to such building per nonconforming use guidelines in Chapter 18.30 NBMC.
H. 
The adjustment might provide flexibility for a site with natural or physical features, such as significant trees, vegetation, flood courses, or other features that might be adversely affected, or have adverse effects, if standards are inflexible.
I. 
The adjustment promotes innovative site or building design that promotes goals and policies of the comprehensive plan, such as clustered housing to preserve open space.
J. 
Any adjustment to maximum lot size provisions requires that a "shadow-plat" and/or "site-build out" schematic be submitted and made a condition of development for placement of the primary building on the site. The purpose of a "shadow-plat" and/or "site-build out" schematic is to ensure that lots and/or structures are located so as not to preclude the future orderly subdivision consistent with maximum lot size or addition of structures to land parcels or land areas.
K. 
For any adjustment to the maximum front yard setback along North Bend Way, from Sydney Avenue (west end) to Cedar Falls Way and the Community Park property (east end), the expanded front setback area should be utilized for a pedestrian area and include such amenities as public plazas, bench or other seating areas, landscaping, pedestrian walkways, pedestrian-scale lighting, and pedestrian-oriented building frontages.
(Ord. 1256 § 1 (part), 2006; Ord. 1464 § 1 (Exh. A (part)), 2012)
In addition to the general conditional AATS criteria specified in NBMC § 18.24.040, the following specific criteria shall be met before an AATS permit can be granted:
A. 
A reduction to the minimum building setback stated in the code as shall not exceed 25 percent of the required minimum distance except:
1. 
In cases where necessary to avoid either a critical area or its buffer; or
2. 
When making an addition to an existing nonconforming building that already exceeds 25 percent of the required setback distance, provided the addition does not encroach further into the setback area.
B. 
A building height increase shall not exceed 15 percent of the maximum permitted height.
C. 
The total square footage of development shall not exceed the maximum amount of floor area ratio or building size by more than 20 percent.
(Ord. 1256 § 1 (part), 2006)
Adjacent property owners shall be mailed copies of the application form and staff analysis (by the city), and be provided a 15-day period in which to comment upon the adjustment being sought. The director of community services will consider all comments received, in addition to criteria outlined in NBMC § 18.25.040 and § 18.25.050, in making a decision to approve, approve with conditions, or deny an application for adjustment to standards.
(Ord. 1256 § 1 (part), 2006)