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12.17.01 Purpose. Administrative adjustments are minor specified deviations from otherwise applicable quantitative standards as specified below.
(A) Any adjustment greater than those listed below shall be reviewed by the Board of Adjustment as provided in § 12.08, Zoning Variances.
(B) The Zoning Administrator shall have authority to authorize an adjustment of up to 10% of the quantitative standards of § 2.03; § 3.04; and § 3.05 subject to the following standards:
(1) Such adjustment shall not increase the degree of any nonconformity.
(2) No adjustment shall be allowed for work that originally occurred without the appropriate permits.
12.17.03 Petition. A petition for an administrative adjustment shall include an explanation of the reason for the requested administrative adjustment, the specific administrative adjustment requested and any other material necessary to ensure the criteria in § 12.17.02 above.
12.17.04 Affidavit Required. Where a proposed administrative adjustment is for a rear or side yard setback along a property line that abuts another parcel or alley (but not a public right-of-way), the applicant shall submit an affidavit from the owner of any abutting property expressing whether such owner consents to or opposes the proposed adjustment. If consent is not given, the proposed setback adjustment shall be denied and the applicant will therefore require the request of a variance which will be renewed and decided by the Board of Adjustment as provided in § 12.08, Zoning Variances.
12.17.05 Review and Action by Zoning Administrator. The Zoning Administrator shall review the petition in conjunction with a site plan or other proposal and approve, approve with conditions, deny, or refer the petition to the Board of Adjustment based upon the criteria below. A written decision shall be provided to the applicant by certified mail. The applicant must obtain the appropriate city permit reflecting an approved administrative adjustment.
12.17.06 Administrative Adjustment Criteria. To approve a petition for an administrative adjustment, the Zoning Administrator shall make an affirmative finding that all of following criteria are met:
(A) The adjustment requested will be the minimum adjustment necessary for reasonable use of the property; and
(B) Granting the administrative adjustment will not have an adverse impact on land use compatibility; and
(C) Granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations; and
(D) Granting the administrative adjustment will be consistent with the purposes and intent of these zoning regulations.
12.17.08 Further Relief. The decision of the Zoning Administrator is final. However, if the applicant is aggrieved by the decision, then in lieu of petitioning for another administrative adjustment, the applicant may apply for a variance as provided in § 12.08, Zoning Variances. If a variance is sought, then any relief that may have been provided by the administrative adjustment shall not be a factor in the consideration of the variance.
(Ord. O-18-12, passed 8-7-12)