A. The Director may grant a variance, as an administrative decision, of up to thirty percent (30%) of a modification of the bulk and placement requirements of this title as to lot or parcel size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space size, height of buildings, or other provisions of this title affecting the size or shape of a structure or the placement of a structure upon a lot or parcel, or the size of the lot or parcel.
B. The applicant shall submit an application for administrative variance along with the appropriate fee.
C. The application shall be processed as follows:
1. Application And Administrative Requirements: A site plan and application shall be submitted for review together with all appropriate fees as established by the adopted fee schedule. The burden of proof lies upon the applicant to show whether characteristics of the site conform to the standards in section 12-234 of this subchapter.
2. Area Of City Impact: If the property is located in an area of city impact, the County shall notify the affected city and allow the required amount of time for a response.
3. Notifications: Upon acceptance of an application, and while in ACI review, if appropriate, the Director shall provide notification by mail of the variance request to the owners of parcels within three hundred feet (300') of the external boundaries of the parcel and shall provide such individuals a period of twenty one (21) calendar days from the date of the mailing to submit comments concerning the proposed variance.
4. Action On Application: Based on the comments from staff, agency, and those from affected property owners, the Director shall review the proposed request and shall either approve, approve subject to conditions, or deny the application per section 12-234 of this subchapter within seven (7) working days from the end of the twenty one (21) day comment period. Alternatively, the Director may, at any time during this review, forward the application to the Zoning Commission for a public hearing and decision in accordance with the public hearing process in section 12-267 of this chapter. In considering comments, the Director shall evaluate whether granting the variance will be consistent with the standards listed in section 12-234, “Variances, Standards For Review Of Applications”, of this subchapter. (Ord. 578, 7-11-2018; amd. Ord. 590, 6-12-2019; Ord. 661, 3-18-2022; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)