(a) Purpose. The purpose of the administrative action procedure is to provide a method whereby applications for certain minor modifications of the provisions of this chapter may be considered and acted upon the by the Director; provided, however, that any such application which is considered by the Director to present a policy or precedent-setting matter shall be referred to the Commission for determination.
(b) When applicable. The Community Development Director may grant administrative actions in the following cases:
(1) A modification in the yard area provisions in residential zones up to fifty (50%) percent of the requirements. In R-A, R-E, R-1, R-2, and R-3 Residential Zones, when the distance between two (2) structures on separate lots will be or is at least equal to the combined normally required setback distances for both adjacent yard areas, a reduction of up to seventy-five (75%) percent of a yard area setback requirement may be granted, provided the Director finds that:
(i) This minimum distance is likely to remain and no other reasonable design and layout of the proposed structure can be accommodated on the lot and such a reduced setback is necessary for any viable use of the property, or
(ii) This minimum separation distance is likely to remain and, because of a mistake in the construction of the structure, an encroachment into the normally required setback area occurred where that owner was not a party to the mistake and purchased the property without the knowledge of such an illegal encroachment and an unreasonable hardship will be incurred by the property owner in removing the encroachment.
The likelihood of the structure’s separation distance remaining the same may be established by the adjacent property being burdened with an easement, deed restriction, zoning restriction or similar development restriction that would legally prevent the construction of a structure within this separation area;
(2) A modification of the structure’s height requirements in residential zones for up to a fifty (50%) percent increase in the height limits, when the Director finds that:
(i) Because of the topography or separation of buildings, such added height will not interfere with any view from an adjoining property and not create an invasion into the privacy expectations of neighbors, or
(ii) The height is compatible with the structures in the surrounding neighborhood;
(3) A modification of the park space and loading zone provisions up to ten (10%) percent of the requirements;
(4) A modification to the number of animals or fowl allowed on a parcel up to fifty (50%) percent of the maximum permitted if all the application conforms to all the other provisions of this chapter;
(5) Underground utility waivers pursuant to Section 7-5.203 of this Code;
(6) A modification of area requirements for accessory buildings in the R-A, R-E, R-O, R-1 and R-2 Zones, not to exceed fifty (50%) percent of the maximum permitted floor area;
(7) A fixed term permit subject to those conditions, locations, standards and criteria as adopted by the City Council resolution for the following businesses:
(i) Mobile car washing (other than mobile car detailing),
(ii) Mobile auto repair and oil change businesses,
(iii) Food and catering truck businesses.
(8) A modification in the height of fences or hedges in a front yard area of any residential zone for up to fifty (50) percent of the requirements of subsection 9-4.2509(i) when the Director finds that because of the topography of other factors associated with the property the added height will not interfere with the safety and welfare of pedestrians or vehicles entering, leaving or passing the property or adjacent properties. A permit application requesting an increase in the height of fences or hedges in any residential zone to exceed fifty (50%) percent of the requirements of subsection 9-5.2509(i) may be granted by the Planning Commission.
(c) Prior to rendering a decision on an administrative action application, a notice of application shall be provided as required by Sec. 9-12.202 of this title.
(d) If a written statement opposing the application or requesting an administrative public hearing is submitted to the Community Development Department prior to the proposed decision date as set forth in the notice of application, the Director shall not proceed with rendering a decision on the date specified in the notice of application, but shall instead schedule and hold at least one administrative public hearing on the application in accordance with the provisions of this article. Notice of the hearing shall be provided in the manner required by Section 9-12.202 of this title.
(§ 8163.6, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 31, Ord. 1178-NS, eff. April 27, 1993, and § 3, Ord. 1195-NS, eff. January 25, 1994 and §§ 11, 12, Ord. 1210-NS, eff. May 24, 1994, and § 3, Ord. 1423-NS, eff. January 13, 2004, and § 43, Ord. 1620-NS, eff. August 12, 2016)