1213.03 ADMINISTRATIVE MODIFICATIONS.
   A.    Purpose and Intent. Administrative Modifications is a process provided to permit development on property constrained due to lot size, shape, location, access restrictions, or other physical constraints. The nature of the intended development is such that proposed deviations from ordinance standards are minor and no significant detrimental impact will occur.
   B.    Authority of the Zoning Administrator. In the public interest and when agreed to by the applicant, the Zoning Administrator may consider and render decisions without public hearing on variances involving slight modifications to the provisions of this Zoning Ordinance for the following purposes:
      1.    Reduction of required lot area, reduction of size of yards, courts, open areas, or landscaped areas by less than ten percent (10%) of the area required by ordinance.
      2.    Increases in the height of fences or walls by not more than ten percent (10%) of the maximum permitted height, except when such fence or wall is located in the required front yard, in which case the Zoning Administrator shall have no power to modify the standard.
      3.    Encroachment of principal structures into less than ten percent (10%) of the required area of required side or rear yards which maintain setbacks of no less than fifteen (15) feet to the rear lot line, and five (5) feet to a side lot line.
      4.    Increases in the height of the accessory structure by no more than ten percent (10%).
      5.    Allow residential air conditioning condenser units in the side yards at least 15 feet in width if:
         a.    10 feet from property line to the neighbor’s house adjacent to the unit location;
         b.    screened with dense evergreen shrubs;
         c.    unit noise level rating # 76 decibels;
         d.    Owner aware of a continuing obligation to meet noise ordinance requirements.
      6.    Allow residential side yard reduction for a building addition or deck to the primary house if the existing legal side yard setback is maintained with the following restrictions:
         a.    maximum one story addition length not to exceed 100% of the depth of primary house portion adjacent to the addition;
         b.    maximum two-story addition depth not to exceed 50% of the depth of the primary house portion adjacent to the addition;
         c.    no maximum depth for a deck less than 5 feet tall to the top of the railing.
   C.    Procedure For Review
      1.    An application shall be filed with the Zoning Administrator.
      2.    The Zoning Administrator shall have the power to approve, conditionally approve, or deny an application for an Administrative Modification.
      3.    The Zoning Administrator shall review the application and render a decision within a reasonable time of accepting the application as complete.
   
   D.    Standards for Administrative Modifications. The Zoning Administrator shall make such a determination based on the following criteria:
      1.    There are practical difficulties or unnecessary hardships created by strict application of the Zoning Ordinance due to circumstances applicable to the property.
      2.    In granting the modification, the spirit of the Zoning Ordinance will be observed, public safety not negatively impacted, and substantial justice done.
      3.    The modification does not grant special privileges which are not otherwise available to surrounding properties and will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity.
      4.    The modification does not permit uses which are not otherwise allowed in the zone.
   
   E.    Conditions on Administrative Modifications. The Zoning Administrator may impose such conditions as are deemed necessary to protect the public peace, health, safety, and general welfare and assure compliance with the provisions and standards included in this Zoning Ordinance.
   F.    Appeals. Any aggrieved party may appeal the Zoning Administrator’s decision to the Board of Zoning Appeals pursuant to the procedural rules established for appeals in Section 1213.02, Appeals.