(A) Purpose and intent. This purpose of this section is to provide a way to allow minor adjustments to previously approved building setbacks or landscape buffer widths where application of a prior dimension would create a development that is less consistent with the Comprehensive Plan or the public interest.
(B) Authority. The Community Development Department is authorized to review and approve, approve with conditions or deny Administrative Adjustments to building setback or landscape buffer standards of this chapter in accordance with the procedures and standards of this section. At the discretion of the Community Development Director, the Development Review Committee may provide advice on administrative adjustments.
(C) Maximum adjustment. No adjustment may reduce a setback or a landscape buffer to less than the minimum.
(D) Initiation. An application for an administrative adjustment may be initiated by the property owner or other person with authority to file an application pursuant to § 154.175(B), authority to file applications.
(E) Application.
(1) All applications for an administrative adjustment shall be in accordance with § 154.175.
(2) In addition to the common review procedures and requirements, applications for an administrative adjustment shall also include a narrative demonstrating that the criteria for an administrative adjustment have been met.
(F) Criteria for approval of administrative adjustments. Decisions on an administrative adjustment shall be based on consideration of these criteria:
(1) The requested administrative adjustment shall not exceed the maximum adjustment permitted by this chapter;
(2) The requested administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible uses;
(3) Any adverse impacts from the requested administrative adjustment will be mitigated to the maximum extent practicable;
(4) The requested administrative adjustment is either:
(a) Required to compensate for some unforeseen aspect of the site or the development that is not commonly shared by landowners in general;
(b) Supportive of the purpose and intent statement of the zoning district; or
(c) Proposed to save healthy existing trees.
(5) The requested administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.
(G) Administrative adjustment review process.
(1) Upon receiving a complete application for an administrative adjustment, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements.
(2) Applications determined to conform with the approval criteria shall be approved by the Community Development Department with any conditions deemed necessary. A notice of an administrative adjustment approval shall be provided to the applicant which includes all conditions, comments, and recommendations.
(3) Applications not conforming to the approval criteria shall be denied by the Community Development Department. A notice of administrative adjustment denial including reasons for denial shall be provided to the applicant.
(H) Reasonable conditions. In approving an administrative adjustment, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.
(I) Effect of an administrative adjustment approval.
(1) The approval of an administrative adjustment by the Community Development Department does not guarantee approval of other applications that may be required by the regulations of the city.
(2) An administrative adjustment approved by the Community Development Department, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(J) Amendment. An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for originally securing the administrative adjustment.
(K) Appeal. The applicant for an administrative adjustment may appeal the decision of the Community Development Department to the City Council.
(L) Conditions. The Community Development Director may impose conditions upon the administrative adjustment to ensure that the purposes of this chapter are achieved.