(a) Purpose. This section sets out the procedures to follow when an applicant requests a very minor waiver to a certain area or dimensional requirement of this code.
(b) Applicability.
(1) The Development Code Administrator may grant administrative waivers for any area or dimensional regulation that does not exceed 10% of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
(2) An administrative waiver request regarding a minimum lot area or lot width requirement is prohibited.
(3) The minimum number of parking spaces required may be reduced in accordance with § 1218.04(b), without an administrative waiver.
(4) The applicant shall be required to apply for a variance for any waiver request that exceeds 10% or other variations from the code that do not qualify for administrative waivers.
(c) Administrative waiver review procedure. The review procedure for an administrative waiver shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with § 1226.02 and with the provisions of this section.
(2) Step 2 - Development Code Administrator review and decision.
A. The Development Code Administrator shall review the administrative waiver application within 30 days after the application (Step 1) is determined to be complete.
B. In making a decision on the administrative waiver, the Development Code Administrator may approve or deny the application.
C. The Development Code Administrator may refer the administrative waiver to the BZA to request assistance in determining the reasonableness of an administrative waiver request.
(d) Review criteria. Decisions on an administrative waiver shall be based on consideration of the following criteria:
(1) The waiver will allow the proposed development to reflect the predominant development character of surrounding, similar uses and properties (e.g., similar setbacks, similar sign areas, etc.).
(2) Special circumstances exist that make the precise compliance with the subject standards impractical or unreasonable;
(3) The waiver request is minor in nature;
(4) The waiver request does not substantially deviate from the development character of the surrounding properties; and
(5) The waiver request does not deviate from the overall purpose of this code or the intent and objective of the original regulation.
(e) Time limit.
(1) The applicant shall submit a completed application for a certificate of zoning compliance within one year of the date the administrative waiver was approved or the approval shall expire.
(2) Upon expiration of an administrative waiver approval, a new application, including all applicable fees, shall be required before a new administrative waiver will be reviewed.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Development Code Administrator shall have the option to seek a variance in accordance with the procedures in § 1226.10 or the right to appeal the decision of the Development Code Administrator to the BZA as established in § 1226.13.
(Ord. O2018-02, passed 2-20-2018)