(a) The administrative adjustment procedures of this section are intended to provide a streamlined approval procedure for minor modifications of selected zoning standards. Administrative adjustments are intended to:
(1) Allow development that is more in keeping with the established character of the neighborhood, as opposed to development that is in strict compliance with zoning standards;
(2) Provide flexibility that will help promote rehabilitation and reuse of existing buildings when such flexibility will not adversely affect nearby properties or neighborhood character; and
(3) Provide limited flexibility for new construction when necessary to address unusual site and development conditions when such flexibility will not adversely affect nearby properties or neighborhood character.
(b) Administrative adjustments may only be requested for the following zoning standards:
(1) Reducing the minimum front, side, and rear yard setbacks as required by standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot;
(2) Increasing the maximum height permitted by the zoning standards of the zoning district for principal and accessory structures by the greater of ten percent (10%) of the requirement or one (1) foot;
(3) Increasing the maximum height of freestanding signs permitted by the standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot;
(4) Reducing the minimum setback of freestanding signs permitted by the standards of the zoning district by the greater of ten percent (10%) of the requirement or one (1) foot.
(c) Administrative Adjustment Procedure.
(1) The procedures and requirements set forth in Section 1131.11(c) shall be utilized for administrative adjustment applications.
(2) The Zoning Administrator is authorized to review and approve or deny an application for an administrative adjustment in accordance with this section.
(3) The Zoning Administrator may remit any application for an administrative adjustment to the Board of Zoning Appeals for review by the Board. In this instance, the Board of Zoning Appeals shall maintain the authority to decide the remitted application. The public hearing procedure as set forth in Section 1131.06 will be required for administrative adjustment applications before the Board of Zoning Appeals.
(4) An aggrieved applicant may appeal the Zoning Administrator's final decision on an administrative adjustment application in accordance with Section 1131.09.
(d) Administrative Adjustment Standards of Review. Administrative adjustments shall be approved upon a finding the applicant demonstrates the following standards are met:
(1) General. The requested administrative adjustment is not inconsistent with the character of the development in the surrounding area, and will not result in incompatible uses.
(2) Mitigates Adverse Impacts. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.
(3) Technical Nature. The administrative adjustment seeks relief from an area (dimensional) standard and is either:
A. Required to compensate for some unusual aspect of the site that is not shared by landowners in general;
B. Supporting an objective or goal from the purpose and intent statements of the zoning district where located.
(4) Not Substantially Interfere with Convenient and Enjoyable Use of Adjacent Land. The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent parcels, 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 requested by an applicant, and may impose appropriate conditions on the permit approval in accordance with Section 1131.11(f).
(f) Effect. The issuance of an administrative adjustment shall authorize only the particular administrative adjustment that is approved in the permit. An administrative adjustment, shall run with the land and not be affected by a subsequent change in property ownership.
(Ord. 99-1966. Passed 5-4-99.)