(a) In order to interpret the provisions of the Zoning Ordinance, receive and process applications, and provide professional assistance to elected and appointed bodies, there is hereby created the office of Zoning Administrator.
(b) The Zoning Administrator shall be subject to the City Manager as an employee of the City, pursuant to the Charter, and subject to the policy of City Council.
(c) The Zoning Administrator shall be responsible for:
(1) Maintaining the Zoning Ordinance, the Zoning Map and all records of zoning proceedings and cases;
(2) Interpreting the provisions of the Zoning Ordinance to members of the general public, other City departments and local elected and appointed officials;
(3) Advising and reviewing applications from members of the general public on zoning matters;
(4) Issues permits authorized by the Zoning Ordinance;
(5) Enforcing all provisions of this Zoning Ordinance.
(d) The Zoning Administrator shall have the following additional duties:
(1) As authorized by and subject to the limitations set forth in this subsection, the Zoning Administrator shall issue zoning and occupancy certificates, notwithstanding minor failures to comply with the literal terms of this chapter, where he/she finds the existence of all of the following:
A. That the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupant as distinguished from a mere inconvenience, if the provisions of this chapter were literally enforced.
B. That the requested modification is not based exclusively upon a desire of the owner, lessee, occupant or applicant to realize economic gain.
C. That the issuing of a certificate will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.
D. That the proposed deviation will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.
(2) General categories. The duty of the Zoning Administrator to issue zoning and occupancy certificates notwithstanding minor failure to comply with the zoning code shall extend to the following general categories:
A. Yards.
B. Maximum lot coverage.
C. Lot area.
D. Off-street parking.
E. Setbacks.
F. Nonconforming uses.
G. Uses not listed otherwise in this chapter.
H. Signs.
I. Accessory uses, temporary uses and home occupation.
(3) Yard, lot coverage, off-street parking, setback, and lot area requirements. The Zoning Administrator shall issue a certificate, as set forth in this section where it appears that:
A. With respect to failures to comply with the appropriate yard requirements that:
1. Proposed structures will encroach into required yards a distance not greater than 25% of the width or depth of such required yard, or
2. Proposed extensions of lawfully existing structures which are already located within required yards where the pattern of development was established prior to this chapter, will not encroach any further into such required yard, and will not be enlarged or extended in excess of 25%, or
3. Proposed extensions of unenclosed covered porches and patios will encroach into required distance not greater than 25% of the width or depth of such yard, or
4. Where proposed structures are to be located between existing structures, a front yard depth can be established not less than the average depth of the front yards of buildings adjoining on either side.
B. With respect to lot coverage requirements that the proposed deviation will not vary more than 10% from the permitted lot coverage requirement.
C. With respect to off-street parking requirements the following may apply:
1. For any change of permitted use in a densely developed business or industrial district where no reasonable alternative exists for providing the parking spaces required of the new use; the small number of spaces provided by the previous use may be permitted provided the intensity of the new use is not greater than the previous use.
2. For all other parking requirements the proposed deviation shall not vary more than (2) spaces or 30% of the required number of spaces, whichever is greater.
D. With respect to setback requirements, that:
1. A street widening is not scheduled within the next five (5) years, or
2. A recent street improvement has been made in the immediate vicinity which suggests additional street improvements may be a number of years away, or
3. Any future street improvement requirements can be accomplished within the existing right-of-way, or
4. Adjacent structures of substantial investment are in place thereby making it unlikely that future widenings would take place, or
5. Structural improvements are of a minor investment and the owner agrees to sign a waiver requiring him to remove the improvements at the owner’s expense in the event the City does not make Thoroughfare improvements.
E. With respect to lot area requirement for either new construction or conversion, that:
1. For single-family and multi-family uses, the proposed deviation is no more than 10% of the required lot area.
2. For two-family and multi-family use, the proposed deviation is no more than 10% of the required lot area.
(4) Conditions established by the Zoning Administrator. In the event the Zoning Administrator issues a zoning and occupancy certificate pursuant to this section, he shall impose such conditions or requirements as are necessary under the circumstances in order to minimize injury to other property and carry out the intent of this chapter.
(Ord. 45-08. Passed 12-15-08.)