§ 115-290. Administrative variances.

(a)

Power to grant administrative variances. The Director shall have the power to grant administrative variances (except for density and use variances) from the development standards as established in the Zoning Ordinance where, in his/her opinion, the intent of the ordinance can be achieved, and equal performance obtained by granting an administrative variance.

(b)

Limitations on administrative variances. The authority to grant such administrative variances shall be limited to variances from the following requirements:

(1)

Front yard or yard adjacent to public street - variance not to exceed ten feet.

(2)

Side yard - variance not to exceed five feet.

(3)

Rear yard - variance not to exceed ten feet.

(4)

Height - variance up to but not exceeding ten feet, provided that no increase in the height for a sign or fence may be granted nor may the variance result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district.

(5)

Buffers - the dimensions or screening treatment of a buffer as required the Zoning Ordinance may be reduced by no more than 50 percent where the Comprehensive Plan recommends a more compatible land use on the neighboring property than that for which said property is actually zoned, or in other situations where the intent of the required buffer can be equally or otherwise achieved; provided, however, that no buffer required as a condition of zoning shall be modified.

(6)

Reduction in parking spaces - As per the provisions of section 115-156, of Article V. Off-Street Automobile Parking and Loading, and section 115-93 RAOD, Redevelopment Area Overlay District.

(7)

Demarcation of parking spaces - parking spaces may be left unmarked, provided all of the following conditions are present:

a.

The parking lot must be designated to serve only a multi-family residential project which is designed and intended for rental occupancy.

b.

The parking lots must be designed in relation to the internal circulation system such that the areas reserved for parking are easily identified and clearly distinct from the interior driveways because of their location, design, orientation, or configuration, such as in parking areas with a single interior driveway having parking spaces located perpendicular to and along the sides of the access driveway, allowing the curbing to delineate the exterior dimension of the single parking bay.

c.

Approval for the elimination of the striping has been obtained by the applicant in writing from the City Engineer.

(c)

Application procedures.

(1)

Application form and documentation. The application for an administrative variance shall be in such a form and contain such information and documentation as shall be prescribed by the Community Development Department, but shall contain at least the following:

a.

Name and address of the applicant.

b.

Legal description of the subject property.

c.

Size of the subject property.

d.

A statement of the hardship imposed on the applicant by the Zoning Ordinance and a statement of why the administrative variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

e.

A notarized letter of consent for proposed administrative variance from adjoining property owners, if required.

f.

A non-refundable application fee shall accompany the application, as established from time to time by the Mayor and City Council, to defray the actual cost of processing the application.

(2)

Standards for issuance of administrative variances. In deciding whether to grant an application for an administrative variance, the Director of the Community Development Department shall consider all of the applicable standards provided in the Zoning Ordinance.

(Ord. No. 19-2018 , § I, 12-3-2018)