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Code Section: 305(c)
Subject: "Under 10 percent" variances for parking
Effective Date: 6/70
Interpretation:
This Subsection states that the Zoning Administrator may choose not to have a public hearing before making a determination on a variance for a proposal that would deviate from the Code standard by less than 10 percent. In the case of the one-for-one parking requirement for dwellings, there can be no "under 10 percent" variances, since the requirement applies to each dwelling unit separately rather than as a ratio to total dwelling units.
Code Section: 306.3(b)(2)
Subject: Thirty-acre notification provision
Effective Date: 1/97
Interpretation:
This Paragraph states that when a map amendment is to reclassify an area greater than 30 acres, some exception to the notification procedure is allowed but it is unclear how the exception differs from the rule. This is because the "rule" is not in the Code. It has been the practice to individually describe in the notice, each lot proposed for reclassification. When very large areas are proposed for reclassification it is unreasonable to list each individual lot affected. Nevertheless, it was thought that the practice of doing so had been so long-standing and consistent as to have the effect of law and that legislation was necessary to legally vary from the practice. This paragraph resulted but failed to offer any explanation of the practice from which an exception was being provided.
Code Section: 307(g)
Subject: Relief from parking standards in Mixed Use Districts.
Effective Date: 1/91
Interpretation:
This Paragraph states that the Zoning Administrator may grant relief from the parking "standards" for uses within the Mixed Use Districts. While it was anticipated that such standard would be the requirement to provide parking, one such standard is also the prohibition in Section 204.2 against providing more than the accessory amount of parking. The Zoning Administrator, acting pursuant to this paragraph, could allow more than the accessory amount of parking.
Code Section: 308.1
Subject: Applicant's appeal of a condition of approval
Effective Date: 8/96
Interpretation:
This Section provides that Commission action on a conditional use can be appealed to the Board of Supervisors. It states that the appeal must have the consent of the owners of at least 20 percent of the property affected and states that when a proposed conditional use is disapproved by the Commission, the property affected shall be the property that is subject to the conditional use application and the property within 300 feet of the subject property. The property affected is considered differently if the application is approved. When one or more of the conditions attached to an approval is appealed by the applicant, it is the same as appealing a disapproval.
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