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 this chapter, shall not be adjusted.
(A) Applicability. The City Planning Official or Planning Commission, through a Type II procedure, may adjust the following standards:
(1) Setbacks. Up to a 20% reduction to a minimum setback.
(2) Lot coverage. Up to a 20% increase to the maximum lot coverage.
(3) Lot dimensions. Up to a 20% decrease to a minimum lot dimension.
(4) Lot area. Up to a 20% decrease in minimum lot area.
(5) Other dimensional standards. Up to a 20% increase or decrease in a quantitative (numerical) standard not listed above. This option does not include building code requirements, engineering design standards, public safety standards, or standards implementing state or federal requirements, as determined by the City 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 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 1 adjustment on the same lot shall be consolidated in 1 application and reviewed concurrently by the city;
(6) Not more than 3 adjustments may be approved for 1 lot or parcel in a continuous 12-month period; and
(7) All applicable building code requirements and engineering design standards shall be met.
(Ord. 2021-08-02, passed 10-12-2021)