(1) Purpose
This section sets out the procedures to follow when an applicant requests an administrative waiver by the Zoning Administrator from the standards of this code.
(2) Applicability
(a) The Zoning Administrator may grant administrative waivers for any area or dimensional regulation that does not exceed 10% of the applicable minimum or maximum regulation. Area and dimensional regulations include, but are not limited to, minimum front, side, and rear yard setbacks; maximum height of structures; maximum sign height; maximum sign area, etc.
(b) An administrative waiver for a minimum lot area or lot width requirement is prohibited.
(c) The minimum number of parking spaces required may be reduced in accordance with § 154.10(C)(4)(b), without an administrative waiver.
(d) The applicant shall be required to apply for a variance for any waiver request that exceeds 10% or other variations from the code that do not qualify for administrative waivers.
(3) Initiation
Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for an administrative waiver.
(4) Administrative Waiver Review Procedure
The review procedure for an administrative waiver shall be as follows:
(a) Step 1 - Application
(i) The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(ii) An application for an administrative waiver may be submitted simultaneously with a site plan review, zoning permit, or zoning compliance permit application.
(b) Step 2 - Zoning Administrator Review and Decision
(i) For applications that are not filed simultaneously with another application, the Zoning Administrator shall review the administrative waiver application within 30 days after the application (Step 1) is determined to be complete.
(ii) For applications that are filed simultaneously with another application, the Zoning Administrator shall review the administrative waiver application and make a decision within the timeframe established for the related site plan review, zoning permit, or zoning compliance permit application.
(iii) In reviewing the application, the Zoning Administrator shall at a minimum, consider the review criteria of this section.
(iv) In making a decision on the administrative waiver, the Zoning Administrator may approve or deny the application.
(v) The Zoning Administrator may refer the administrative waiver to the BZA to request assistance in determining the reasonableness of an administrative waiver request.
(5) Review Criteria
Decisions on an administrative waiver shall be based on consideration of the following criteria:
(a) The waiver will allow the proposed development to reflect the predominant development character of surrounding, similar uses and properties (e.g., similar setbacks, similar sign areas, etc.).
(b) Special circumstances exist that make the precise compliance with the subject standards impractical or unreasonable;
(c) The waiver request is minor in nature;
(d) The waiver request does not substantially deviate from prior issuances of BZA variances or the development character of the surrounding properties; and
(e) The waiver request does not deviate from the overall purpose of this code or the intent and objective of the original regulation.
(6) Time Limit
(a) The applicant shall submit a completed application for a zoning permit within 1 year of the date the administrative waiver was approved or the approval shall expire.
(b) Upon expiration of an administrative waiver approval, a new application, including all applicable fees, shall be required before a new administrative waiver will be reviewed.
(7) Amendment of an Administrative Waiver after a Decision
An administrative waiver may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(8) Reapplication
(a) No application for an administrative waiver, which has been denied wholly or in part by the Zoning Administrator, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the Zoning Administrator deems sufficient to justify reconsideration.
(b) A substantial modification of a request for an administrative waiver may be submitted as a new application, however, without regard to the 1-year limitation. Before ruling on the new application, the Zoning Administrator shall first determine if the modification of the request is substantial.
(9) Appeals
(Ord. 5-14, passed 3-17-2014)