A. Purpose: The purpose of this administrative adjustment application is to allow development that deviates from the specific regulations of this title within a narrowly defined set of circumstances to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property.
B. Applicability: Any application to allow development that deviates from the specific regulations of this title established in this section shall be considered an administrative adjustment.
1. A reduction of the minimum required lot area up to ten percent (10%).
2. A reduction of the minimum required lot width up to ten percent (10%).
3. An increase in the maximum permitted impervious coverage by five (5) percentage points or less.
4. A reduction of the minimum required front setback up to twenty percent (20%).
5. An increase in the maximum permitted front setback up to twenty percent (20%).
6. A reduction of the minimum required corner side setback up to twenty percent (20%).
7. An increase in the maximum permitted corner side setback up to twenty percent (20%).
8. A reduction of the minimum required interior side setback up to twenty percent (20%).
9. A reduction of the minimum required rear setback up to twenty percent (20%).
10. A reduction of the minimum required street frontage up to ten (10) percentage points.
11. A modification of the required and prohibited materials established in sections 10-6-16, "Design Requirements For Commercial Districts", and 10-6-19, "Design Requirements For Industrial Districts", of this title.
12. A reduction of the minimum required off-street parking up to ten percent (10%), or four (4) spaces, whichever is higher.
13. An increase in the maximum permitted sign area up to ten percent (10%).
14. An increase in the maximum permitted sign height up to ten percent (10%).
15. Any change to the standards for temporary signs with permit requirements as established in subsection 10-10-6C, "Temporary Signs With Permit Requirement", of this title.
C. Procedure:
1. An application for an administrative adjustment shall be filed with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title.
2. Upon determining that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of subsection D, "Standards For Administrative Adjustments", of this section.
3. Due to the nature of an application for an administrative adjustment, the Zoning Administrator may determine that the application must be resubmitted as a variation in accordance with section 10-3-4, "Variation", of this chapter even if it meets the criteria for an administrative adjustment in subsection B, "Applicability", of this section.
4. A property owner that receives notice of an administrative adjustment application may object to the application by written submission to the Zoning Administrator, prior to the Zoning Administrator's decision on the application. Any administrative adjustment application for which an objection is received from a noticed property owner shall be resubmitted as a variation in accordance with section 10-3-4, "Variation", of this chapter.
5. The Zoning Administrator shall prepare a report and render a decision within thirty (30) days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. In approving an administrative adjustment, the Zoning Administrator may:
a. Require conditions upon the establishment, location, construction, maintenance, and operation of the property that receives an administrative adjustment as deemed necessary to protect the public interest.
b. Grant an administrative adjustment less than that requested by the applicant if the Zoning Administrator finds that the applicant is entitled to some deviation from the specific regulations of this title, but not to the entire amount requested, based on each of the standards of subsection D, "Standards For Administrative Adjustments", of this section.
6. If the Zoning Administrator denies an application for an administrative adjustment, the applicant may resubmit the application as a variation in accordance with section 10-3-4, "Variation", of this chapter.
FIGURE 10-3-5-1
ADMINISTRATIVE ADJUSTMENT APPLICATION PROCEDURE
ADMINISTRATIVE ADJUSTMENT APPLICATION PROCEDURE
D. Standards For Administrative Adjustments: The Zoning Administrator shall evaluate applications for administrative adjustments with specific written findings based on each of the standards of this subsection.
1. The proposed administrative adjustment will not endanger the health, safety, comfort, convenience, and general welfare of the public.
2. The proposed administrative adjustment is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed administrative adjustment.
3. The proposed administrative adjustment alleviates an undue hardship created by the literal enforcement of this title.
4. The proposed administrative adjustment is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.
5. The proposed administrative adjustment represents the minimum deviation from the regulations of this title necessary to accomplish the desired improvement of the subject adjustment.
6. The proposed administrative adjustment is consistent with the intent of the Comprehensive Plan, this title, and the other land use policies of the Village.
E. Transferability: Administrative adjustment approval runs with the land and is not affected by changes of ownership, tenancy, or management.
F. Expiration Of Administrative Adjustment Approval: Administrative adjustment approval shall expire and be revoked if any of the following conditions occur.
1. A building permit has not been obtained within one year after approval of the administrative adjustment. The applicant may request one (1) six-month extension of this period by means of a written request filed at least thirty (30) days prior to the expiration of the initial six-month period. The Zoning Administrator shall decide whether to grant or deny the applicant's request within fifteen (15) days of receipt of the applicant's written request.
2. The standards of this title or any of the terms and conditions of the administrative adjustment are violated. (Ord. 67-2018, 12-18-2018)