The building official or designee is empowered to grant minor modifications from certain standards specifically enumerated below. Minor modifications provide a mechanism by which the specified regulations may be modified or waived if the proposed development meets certain criteria and continues to meet the intended purpose of those regulations. Minor modification reviews provide flexibility for unusual situations applicable to the property, for which strict application of the regulations is impractical. The minor modifications listed below may be granted, provided the approval criteria as set forth in subsection B of this section are met. The approval procedures for minor modifications are set forth in chapter 8, article B, "Administrative Approval Procedures", of this title. (Ord. 10-4397, 7-12-2010)
A. Applicability: The building official may grant the following minor modifications from the requirements of this title, provided the approval criteria are met. Any requests for modifications that exceed the limitations set forth below and all other requests for modifications of the requirements of this title require the filing of a special exception or variance application with the Board of Adjustment.
1. The number of required parking spaces for commercial uses may be reduced up to ten percent (10%).
2. The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification of up to fifty percent (50%) of the total number of parking spaces required, if the uses sharing the parking are not normally open, used, or operated during the same hours. However, this reduction is not allowed for residential uses. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand.
3. The building official, in consultation with the Director of Neighborhood and Development Services, may approve a minor modification as specified in 14-4B-1 of this title to reduce the total number of parking spaces required by up to fifty percent (50%) if it meets the following standards:
a. It must be in a CB-2, CB-5, CC-2, CN-1, CO-1, or MU zone;
b. Buildings must be limited to a footprint of 5,000 square feet;
c. A parking demand analysis must be submitted that provides evidence that the amount of parking proposed will be sufficient to meet the parking demand, which depending on the complexity of the site, may require an engineered study, as determined by staff; and
d. The proposed development must not result in the demolition of a property that is designated as an Iowa City landmark, registered in the National Register of Historic Places, or individually eligible for the National Register of Historic Places.
4. In the CB-5 and CB-10 Zones, a minor modification may be granted exempting up to thirty percent (30%) of the total number of dwelling units contained in a building from the minimum parking requirements; provided that those dwelling units are committed to the City’s assisted housing program or any other affordable housing program approved by the City.
5. The height of a wall or fence may be increased up to twenty five percent (25%), but in no case shall a minor modification allow a fence greater than eight feet (8') high.
6. The height of a principal or accessory building may be increased up to ten percent (10%).
7. In cases where, due to topography or other site characteristics, a wheelchair ramp cannot meet the limitations placed on its allowed extension into a required setback, this limitation may be modified.
8. Required setbacks from a side lot line may be reduced by up to two feet (2'), but in no case shall a required setback from a side lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.
9. Other setbacks may be reduced by up to fifteen percent (15%) of the required setback, but in no case shall a required setback from a rear lot line be reduced to less than three feet (3'), unless the subject side lot line abuts a public right-of-way or permanent open space.
10. One space for parking for persons with disabilities may be located in a required front setback for commercial uses in a Commercial Zone, when adjacent to a Residential Zone, where the topography or shape of the lot precludes compliance with the location requirements for off street parking.
11. The permitted height of a freestanding sign may be increased by up to ten feet (10') if the property is within one thousand feet (1,000') of a divided, limited access highway, and there is a difference in topographical elevations between the property and the highway, such that the visibility of the sign from the highway would be obstructed if the sign were limited to the maximum height permitted by ordinance.
12. One nonresident employee may be approved for a home occupation use. However, nonresident employees are not permitted under any circumstances for the types of medical offices allowed as home occupations.
13. Modifications to the driveway spacing standards contained in section 14-5C-4 of this title may be granted, provided there is no feasible alternative to the modification requested, and vehicular and/or pedestrian safety will not be compromised due to the modification. The building official must obtain approval from the City Engineer and the Director of Planning and Community Development prior to granting any such modification.
14. A building addition of less than five hundred (500) square feet or an accessory storage building less than five hundred (500) square feet in size may be approved for accessory uses within parks and open space uses without approval from the Board of Adjustment. However, if any such building addition increases the occupancy load of the building, a special exception must be obtained.
15. Modifications to the multi-family site development standards contained in section 14-2B-6 of this title according to the alternate approval criteria set forth in that section. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification. Such requests shall be reviewed and approved jointly by the Design Review Committee, the Director of Planning and Community Development, and the Building Official.
16. Modifications to the site development standards contained in section 14-2C-6, 14-2C-7, 14-2C-8, or 14-2C-9 of this title according to the alternate approval criteria set forth in section 14-2C-10 of this title. The building official must obtain approval from the Design Review Committee and the Director of Planning and Community Development prior to granting any such modification.
17. Modifications to the site development standards contained in sections 14-2D-5, “Industrial And Research Zone Site Development Standards”, and 14-2F-5, “Public Zone Site Development Standards”, of this title according to the alternate approval criteria set forth in those sections, respectively. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.
18. One additional garage entrance/exit to structured parking may be granted according to the provisions of subsection 14-5A-5F7, “Garage Entrances/Exits”, of this title. The building official must obtain approval from the Director of Planning and Community Development prior to granting any such modification.
19. Freestanding signs in the CB-2 Zone, according to the approval criteria and specifications as stated in section 14-5B-8, table 5B-4 of this title.
20. Modifications or waivers of nonconforming development according to the provisions set forth in section 14-4E-8, “Regulation Of Nonconforming Development”, of this chapter.
21. A modification of the required driveway length in Single-Family Zones according to the provisions set forth in subsection 14-2A-6C4 of this title.
22. An entranceway/gate more than four feet (4') in height in Residential Zones, provided it is designed to be compatible with and enhance the surrounding neighborhood. An identification sign no more than twelve (12) square feet in area incorporated as an integral element of the entranceway/gate may be permitted as part of the requested minor modification.
B. Approval Criteria: The building official may approve an application for a minor modification, in whole or in part, with or without conditions, only if the following approval criteria are met:
1. Special circumstances apply to the property, such as size, shape, topography, location, surroundings, or characteristics, or preexisting site development, which make it impractical to comply with the subject regulation or which warrant a modification and/or waiver of the subject regulation.
2. The minor modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located.
3. The minor modification does not exceed the minor modification standards or allow a use or activity not otherwise expressly authorized by the regulations governing the subject property.
4. The minor modification requested is in conformity with the intent and purpose of the regulation modified.
5. The requested minor modification complies with other applicable statutes, ordinances, laws and regulations.
C. Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
D. Precedents: The granting of a minor modification is not grounds for granting other minor modifications for the same or differing properties. (Ord. 05-4186, 12-15-2005; amd. Ord. 08-4326, 12-22-2008; Ord. 10-4397, 7-12-2010; Ord. 19-4779, 2-19-2019; Ord. 20-4834, 11-17-2020; Ord. 22-4882, 6-21-2022; Ord. 23-4893, 1-24-2023)