The following section describes the types of discretionary and other permits that may be approved or denied by the Zoning Administrator.
(a) The Zoning Administrator, after holding a public hearing, may approve Minor Use Permits, upon adoption of Findings as set forth in Section 8-2.217.
(b) The Zoning Administrator may approve Minor Variances to the otherwise applicable standards and design criteria set forth in this subsection, and to the extent set forth, after making the Findings set forth in Section 8-2.218. Variances that exceed the modifications in the applicable standards and design criteria are Major Variances that must be considered by the Planning Commission. Minor Variances include:
(1) In any zone, modifications of the front, side, or rear yard setback requirements; provided, however, the total modification shall not reduce the applicable setbacks to less than seventy-five (75%) percent of those otherwise required in the zone;
(2) In any zone, modifications of building heights; provided, however, such building heights shall not exceed one hundred twenty-five (125%) percent of the otherwise applicable maximum height in the zone;
(3) In any zone, modifications of the minimum lot area, width, and depth; provided, however, such modifications shall not reduce the total lot area to less than seventy-five (75%) percent of that otherwise required in the zone; and
(4) In any zone, modifications of the maximum area or height of signs otherwise applicable in the zone; provided, however, such modifications shall not result in a sign exceeding one hundred twenty-five (125%) percent of either the maximum height or maximum size otherwise applicable in the zone.
(c) The Zoning Administrator shall process applications for mergers of parcels and/or lot line adjustments pursuant to Chapter I of this title. Mergers and Lot Line Adjustments are not subject to a public hearing and do not require public notice to surrounding property owners.
(d) The Zoning Administrator may approve minor modifications to existing Use Permits, including those approved by the Commission pursuant to Section 8-2.217. Such minor modifications shall be approved only if Findings are adopted that such modifications substantially conform with the plans or standards approved by the Commission or Zoning Administrator and that the appearance and function of the total development and the surrounding development will not be significantly adversely affected as a result of such modification.
(e) The Zoning Administrator may approve minor modifications of the detailed development plans or detailed development standards in Planned Development (PD) Zones approved by the Planning Commission pursuant to this chapter. Such minor modifications may be approved only if Findings are adopted that such modifications are in substantial conformity with the plans or standards approved by the Commission, and that the appearance and function of the total development will not be significantly adversely affected as a result of such modification.
(f) The Zoning Administrator may approve extensions of time for Use Permits and Variances, including those approved by the Planning Commission. Such extensions shall be approved only if Findings are adopted that circumstances under which the permit was granted have not changed. Such extensions shall be approved for no more than two (2) years.
(g) The Zoning Administrator may approve modifications of the off-street parking requirements set forth in Article 13 of this chapter; provided, however, the total variance shall not reduce the off-street parking to less than seventy-five (75%) percent of that otherwise required off-street parking. Such modifications shall be authorized only if it is found that the off-street parking, as modified, provides, either on the same site or on some reasonably and conveniently located site, adequate parking, loading, turning, and maneuvering space to accommodate substantially such needs as are generated by the use and will not result in a safety hazard to the users of the site or surrounding areas.
(h) Surfacing materials required to satisfy the paving requirements for off-street parking and loading may be modified by the Zoning Administrator when the Zoning Administrator finds that the location of the parking or storage area or the nature or weight of the vehicles or equipment is such as to make the normally required surfacing materials unnecessary.
(i) The Zoning Administrator may defer to the Planning Commission a decision on any discretionary permit application noted above. The Planning Commission shall then hold the public hearing and make all required findings and decisions. The reasons for the Zoning Administrator to defer decisions on any of the above discretionary permits to the Planning Commission may include, but are not limited to, the following:
(1) The project may result in significant adverse environmental impacts which cannot be mitigated to less than significant levels;
(2) The project involves substantial controversy;
(3) The project is in conflict with County policies;
(4) The project may be precedent setting;
(5) The Zoning Administrator has determined that the project should be reviewed by the Planning Commission in order to best protect the public welfare.
(Ord. 1445, eff. August 14, 2014)