A. Purpose. Administrative remedy is hereby established to expedite and relieve the Commission and Council of minor modifications from the requirements of this title, within the limits established by this section.
B. Authority of the Community Development Director.
1. Minor modification. In the public interest, the Director, without a public hearing, may consider and approve, conditionally approve, or deny modifications from the provisions of this title, limited to the following circumstances:
a. Where dimensional problems of an existing parcel require reduction of lot area or dimensions by not more than five percent (5%) of that required by the zone provided that such reductions are requested on not more than one (1) lot within any one (1) subdivision or tract.
b. Where dimensional problems of an existing parcel require reduction of yards and/or distance between buildings by not more than ten percent (10%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
c. Reduction of number of required parking spaces by not more than ten percent (10%) and/or modification of parking (dimension) standards by not more than five percent (5%).
d. Modification of wall and fence heights, not to exceed twelve (12) inches.
e. Modification of projections/encroachment into required yard areas by not more than five percent (5%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
f. Modification of maximum permitted lot coverage not to exceed ten percent (10%) of the maximum lot area coverage permitted in the zone.
g. Modification of maximum height regulation by not more than ten percent (10%) of the requirements of the zone.
h. Modification of the size, height, and area of signs by not more than five percent (5%).
2. Such additional matters as may be delegated to the Director by the Council, provided that the limits and scope of the Director's authority shall be set forth by the Council.
C. Procedure. The following procedure shall apply to administrative remedy applications:
1. Application for administrative remedy shall be made pursuant to § 20.400.040.
2. The Director, within thirty (30) days after filing of the application, shall either:
a. Approve the application;
b. Approve the application with conditions; or
c. Disapprove the application.
The Director shall set forth the findings upon which the decision is based.
3. A copy of the proceedings and findings of the Development Services Director shall be submitted, in writing, to the Commission as a matter of record.
4. The decision of the Director shall be final and shall become effective ten (10) days after issuance of the decision by the Director, subject to appeal pursuant to Chapter 20.424.
(Am. Ord. 1250, passed 5-21-24)