A. Purpose and Intent. The purpose for this section is to establish a clear procedure and measurable review criteria for the administrative consideration of requests for minor deviations to certain numeric standards in this Ordinance (like zoning district dimensional standards). The intent of the procedure is to provide relief from practical difficulties in complying with the standards of this Ordinance. Administrative adjustments should only be granted when the proposed development advances the purposes of this Ordinance, and the proposed development can maintain compatibility with its surroundings.
B. Applicability.
1. An administrative adjustment may be requested for a modification or deviation of up to 10 percent of any zoning district dimensional standard in Article 3: Districts, a numeric standard in Article 4: Uses, a numeric standard in Article 5: Development Standards, a numeric requirement in Article 6: Subdivisions, or a numeric requirement in Section 9.3, Rules of Measurement.
2. In no instance shall an administrative adjustment application seek to reduce the required minimum lot area, exceed the maximum residential density on a lot, reduce the minimum required distance between two use types, or reduce the standards pertaining to flood protection, stormwater management, or erosion control.
3. Applications for planned developments, zoning map amendments, or variances may not include requests for administrative adjustments.
C. Timing.
1. An administrative adjustment may be requested either as a stand-alone application, or in combination with another application for development review.
2. In cases when submitted with another application, the administrative adjustment portion of the application shall be reviewed and decided prior to the other portion(s) of the application.
D. Administrative Adjustment Procedure. The administrative adjustment procedure is described in Figure 2.2.1, Administrative Adjustment Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Decision by Planning Director. The decision on an administrative adjustment shall be made by the Planning Director in accordance with the standards in Section 2.2.1.F, Administrative Adjustment Review Standards.
F. Administrative Adjustment Review Standards. An administrative adjustment shall be approved if the applicant demonstrates all of the following:
1. The administrative adjustment does not exceed the maximum allowable threshold;
2. The administrative adjustment will result in development that is consistent with the character of development on surrounding land, and is compatible with surrounding land uses;
3. The administrative adjustment:
a. Is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; or
b. Supports an objective or goal from the purpose and intent statements of the zoning district where it is located; or
c. Is necessary to allow for proper functioning of on-site wastewater or stormwater management devices; or
d. Saves healthy existing trees; or
e. Promotes some other written goal, objective, or purpose of this Ordinance.
4. The administrative adjustment will not pose a danger to the public health or safety;
5. The administrative adjustment will not negatively impact the function or performance of on-site wastewater or stormwater management devices;
6. Adverse impacts resulting from the administrative adjustment will be fully mitigated; and
7. The development standard being adjusted is not the subject of a previously approved administrative adjustment, condition of approval, or variance on the same site.
G. Amendment . Amendment of an administrative adjustment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
H. Expiration. If an administrative adjustment is associated with another permit or development approval, the expiration of the administrative adjustment shall be the same as the permit or development approval with which it is associated. In all other cases, the administrative adjustment shall run with the land.
I. Appeal. Appeal of a decision on an administrative adjustment shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)