(A) General. This section sets out the procedures and standards for administrative adjustments, which are modifications of 10% or less of any numeric dimensional standard in Table 165.01, Dimensional Standards, except those related to maximum gross density.
(B) Authority. The Zoning Administrator is authorized to review and approve, approve with conditions, or deny an application for an administrative adjustment in accordance with this section.
(C) Procedure.
(1) Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.
(2) Review and action by Zoning Administrator. The Zoning Administrator shall review and take action on the application in accordance with the procedures and requirements of § 162.02-18, Zoning Administrator or City Official Review Procedures.
(D) Administrative adjustment standards. Administrative adjustments shall be approved upon a finding the applicant demonstrates all of the following standards are met:
(1) The requested administrative adjustment is not inconsistent with the character of development in the surrounding area, and will not result in incompatible uses.
(2) Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.
(3) The administrative adjustment is of a technical nature (i.e., relief from a dimensional), and is either:
(a) Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;
(b) Supporting an objective or goal from the purpose and intent statements of the zone district where located; or
(c) Proposed to save healthy existing trees or other significant natural resource.
(4) The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.
(E) Conditions of approval. In approving an administrative adjustment, the Zoning Administrator may grant a lesser modification than the maximum allowed by this section or requested by an applicant, and may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.
(F) Recordation. The Zoning Administrator may require the applicant to record the administrative adjustment with the Register of Mesne Conveyance. The administrative adjustment shall be binding upon the landowners, their successors, and assigns.
(G) Subsequent development. Development authorized by the administrative adjustment shall not be carried out until the applicant has secured all other permits required by this ZDO or any other applicable provisions of the city. An administrative adjustment shall not ensure that the development receiving an administrative adjustment receives subsequent approval for other applications for development unless the relevant and applicable portions of this ZDO or any other applicable provisions are met.
(H) Effect. Issuance of an administrative adjustment shall authorize only the particular administrative adjustment that is approved in the permit. An administrative adjustment, including any conditions, shall run with the land and not be affected by a change in ownership.
(I) Expiration.
(1) General. The Zoning Administrator may prescribe a time limit within which development activity shall begin or be completed on the development subject to an administrative adjustment, or both. Failure to begin or complete such development activity within the time limit specified shall void the administrative adjustment. Unless specified otherwise by the Zoning Administrator, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval of the administrative adjustment, and development shall be completed on the building permit within the time allowed under the city's building regulations, or the administrative adjustment shall expire and be void.
(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant and upon a showing of good cause, the Zoning Administrator may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the administrative adjustment.
(J) Amendment. An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(K) Appeals. An aggrieved party may appeal the decision of the Zoning Administrator to the BZA in accordance with § 162.03-15, Appeals.
(Ord. 05-10, passed 3-23-10)