A. An administrative exception to express bulk or placement standards may be approved by the Administrator upon a showing by an applicant that any such exception is consistent with the intent of zoning title policy in general, that the exception is essential to make productive use of the land involved, that the exception would not conflict with requirements established by uniform codes, that the public safety would not be compromised and that the interests of neighboring landowners would not be impaired by approval of the exception. The maximum extent of administrative exception shall not exceed twenty percent (20%) reduction in required setback from external property lines, up to a ten percent (10%) reduction in lot area requirements or up to a ten percent (10%) increase in the allowable height of buildings, administrative discretion to allow fences or walls in excess of existing maximums by up to an additional foot in the designated front yard area, and allowing fences or walls up to two feet (2') higher than the maximum in a rear or side yard.
B. An application for an administrative exception shall include a written description of the requested exception and a site plan that shows information relevant to request in order to allow the Administrator to evaluate the proposed exception. Any application requesting an exception equal to fifty percent (50%) or more of the maximum allowed by this section (e.g., a setback reduction equal to 10 percent of the required setback or exceeding the maximum height allowed by 5 percent, or more) shall include the names and addresses of adjoining property owners. The Administrator will prepare a notice of any administrative exception request and mail it to abutting property owners who will have seven (7) calendar days from the date of mailing to deliver a written responsive comment to the Administrator.
C. After considering the merits of any comments submitted by neighboring landowners, an administrative exception may be approved, approved with modifications or denied by the Administrator. The Administrator, when deciding, shall consider the factors set forth in subsection A of this section.
D. Written notice of the decision shall be provided to the applicant and mailed to any abutting property owner who submitted written comments. A decision may be appealed within seven (7) days of such mailing by any affected property owner who commented or by the applicant in accordance with procedures specified by this title for decisions made by the Administrator. (Ord. 352, 4-25-2018)