(A) Adjustment through administrative (Type II) procedure. Upon finding all of the approval criteria in this section are met, the City Planning Official or Planning Commission through a Type II procedure may approve an adjustment to one or more of the following standards, within the limits set forth for each standard:
(1) Setbacks: up to a 20% change to a minimum setback;
(2) Lot coverage: up to 20% increase to the maximum lot coverage;
(3) Lot dimensions: up to a 20% decrease to a minimum lot dimension;
(4) Lot area: up to a 10% decrease in minimum lot area; and
(5) Other dimensional standards: up to a 10% increase or decrease in a quantitative (numerical) standard not listed above. This option is limited to zoning district standards and development design standards of this chapter (specifically, Table 153.023 and §§ 153.035 through 153.046), but does not include building code requirements, engineering design standards, public safety standards or standards implementing state or federal requirements, as determined by the City Planning Official.
(B) Adjustment approval criteria. The city may grant an adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.
(1) The adjustment allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses. The city decision-making body shall consider whether the proposed adjustment would create incompatibilities relative land use, access, circulation, future street connectivity, noise, light, glare, odor, emissions, vibration, building design, streetscape appearance and functionality and similar types of impacts, as applicable.
(2) Approval of the adjustment does not create a violation(s) of any other adopted ordinance or code standard and does not create the need for a variance.
(3) An application for an adjustment is limited to one lot per application.
(4) Requests for more than one adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the city.
(5) Not more than three adjustments may be approved for one lot or parcel in a continuous 12-month period.
(6) All applicable building code requirements and engineering design standards shall be met.
(Ord. 1267, passed 1-3-2012)