(a)

Purpose. The purpose of an administrative modification is to provide an efficient process for minor change to permits or approvals, including those related to site plans, preliminary plans, and planned unit developments, provided that the changes do not substantially alter the approved development parameters.

(b)

Range of administrative flexibility. The items listed in this subsection qualify for an administrative amendment within the ranges specified. If an item does not qualify as an administrative amendment, it is considered a major change and must be processed in the same manner as a new application. The administrator may approve:

(1)

Floor area. Up to a ten (10) percent increase in nonresidential floor area for any institutional, commercial or industrial development (including planned unit development). The increase is limited to hallways, stairways, restrooms, and storage, or a proven necessity for the operational safety of the project. An amended floor plan shall accompany the final application and be included as a part of the approved documents.

(2)

Building height. An increase in building height up to twenty (20) percent, provided that adequate fire protection is available, and the height increase will not unreasonably affect single-family detached or duplex lots within one hundred fifty (150) feet.

(3)

Building spacing. A reduction up to ten (10) percent for the minimum distance between buildings within the development. However, the reduction shall not authorize a violation of applicable building or fire codes.

(4)

Building setbacks. A reduction in building setbacks as provided in section 21-4-402, setback flexibility.

(5)

Building footprints.

a.

A ten (10) percent increase in the area of building footprints. However, this shall not reduce required open space or landscape surface to less than the minimum applicable requirements of this UDC (or approved planned unit development), nor reduce parking or setbacks, nor increase the maximum height or density from those approved.

b.

A reduction in building footprints.

c.

Relocation of building envelopes or footprints, provided that the relocation does not change any of development restrictions that are set out in the permit or approval, and an analysis of impacts to the originally approved drainage study demonstrate that there will be no material negative impact on drainage.

(6)

Open space or landscape surface. An increase in open space or landscape surface.

(7)

Public improvements. Changes to the specifications of public improvements, provided that the changes are consistent with current city requirements.

(8)

Lighting, landscaping, trash disposal. Changes to lighting, landscaping, or trash disposal areas, provided that the changes are consistent with the requirements of this UDC.

(c)

Specific exclusions. The following are not eligible for approval as an administrative modification under any circumstances:

(1)

Addition of new land uses to the list of approved uses in a planned unit development;

(2)

An increase in residential density;

(3)

An application that requires additional right-of-way dedications, vacations of public improvements, or modification of an existing development agreement or improvements agreement;

(4)

A transfer of density from one development phase to another, or from one site to another (where density by area or phase is specified on an approved development plan);

(5)

Increases of building height of more than twenty (20) percent; and

(6)

Subdivision related changes (such as lot lines, easements, rights-of-way, internal roadways, vacations and / or drainage systems) that require a replat or plat correction.

(d)

Decision.

(1)

The applicant shall submit required application materials, along with a letter of intent that details how the proposed modification meets the applicable amendment criteria set out in subsection (e), below.

(2)

The administrator will make a determination as to the proposal's eligibility to be processed administratively.

(3)

The administrator may refer any request for an administrative amendment to the planning commission for consideration at a regular meeting. The administrator will notify the applicant if it is determined that planning commission review will be required.

(e)

Approval criteria. Administrative modifications shall meet the following criteria:

(1)

The modification implements or does not reduce the potential for implementation of the comprehensive plan;

(2)

The modification is consistent with the efficient development and preservation of the development approval or permit;

(3)

The modification will not adversely affect reasonable development expectations or the use and enjoyment of adjacent land or the public interest;

(4)

The modification is in keeping with the spirit and intent of this UDC and will not weaken the purposes of the regulations; and

(5)

The modification will not adversely affect the public health, safety, and welfare.

(f)

Conditions. The administrator may impose conditions of approval that will secure substantially the objectives of the standard that is modified, and that will substantially mitigate potential adverse impacts on the environment or on adjacent properties, including but not limited to additional landscaping or buffering.

(g)

Major modifications and amendments. Modifications and amendments that are not authorized by this Section shall be processed in the same manner as a new application for permit or approval.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Subdivision and planned unit development plan variances. The planning commission may authorize variances from provisions of this UDC that apply to a proposed subdivision or planned unit development plan in cases where, due to exceptional topographical conditions or other conditions peculiar to the subject property, an unnecessary hardship is placed on the applicant. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of this UDC. The variance shall be in keeping with the intent of the comprehensive plan.

(b)

Other variances. The board of adjustment may grant or deny variances from the provisions of this UDC when:

(1)

The strict application of this UDC would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property;

(2)

The relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this UDC;

(3)

There are unique physical circumstances or conditions such as exceptional irregularity, narrowness, or shallowness of a specific piece of property at the time of the enactment of this UDC, or by reason of exceptional topographic or other physical conditions, or other extraordinary and exceptional situation or condition peculiar to the affected property;

(4)

That the unusual circumstances or conditions do not exist throughout the neighborhood or zone in which the subject property is located;

(5)

That because of such physical circumstances or conditions, the subject property cannot reasonably be developed in conformity with the provisions of this UDC;

(6)

That such unnecessary hardship has not been created by the applicant;

(7)

That the variance, if granted, will not alter the essential character of the neighborhood or zone in which the property is located, nor substantially or permanently impair the appropriate use or development of adjoining property;

(8)

That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions which are in question.

(c)

Referral to planning commission. The zoning board of adjustment may request a recommendation from the planning commission to assist it in determining if the above requirements have been satisfied. Further, the zoning board of adjustment may require that a special variance application form be completed by the appellant to ensure that the appellant fully understands the criteria on which the board must base its findings.

(d)

Prohibitions. The zoning board of adjustment may not grant variances from the provisions of this UDC covering the use or density of land or buildings, or the provisions governing planned unit developments. In granting any variance, the zoning board of adjustment may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2021, § 10, 8-18-21)

(a)

Hearings, appeals and notices.

(1)

Appeals to the board of adjustment may be taken by any person aggrieved by any administrative decision based upon or made in the course of the administration or enforcement of the provisions of this UDC.

(2)

Any such an appeal must be made, within twenty-one (21) days from the date the administrative decision was communicated to the applicant, which shall be the date of emailing or hand delivery, or, if the decision was communicated by mail only, three (3) days from the date of mailing. The form or any other procedure relating thereto, shall be as specified in any rules of procedure adopted by the board of adjustment, but shall in any event comply with the provisions concerning the notice of appeal set forth below.

(b)

Notice of appeal. The appellant shall file with the board of adjustment a notice of appeal specifying the grounds thereof, with a copy to the administrator. The administrator shall promptly forward all papers constituting the record of action upon which the appeal was taken to the board of adjustment.

(c)

Notice of hearing. Upon receipt of the notice of appeal and record, the board of adjustment shall place the hearing of the appeal at the next available regularly scheduled meeting, which shall be not less than seven (7) days from the filing of the notice of appeal. A notice of the hearing shall be provided as set out in Section 21-8-511, public notice, and written notice shall also be sent by first class mail to the party appealing and the owner of the property that is the subject of the appeal.

(d)

Hearing procedure. At the hearing, any party may appear in person or by agent or attorney. The board of adjustment may affirm, reverse (wholly or partly), or modify the order, requirement, decision or determination appealed and may make such order, requirement, decision or determination as in their opinion ought to be made in the premises, and to that end shall have all powers of the officer from whom the appeal is taken.

(e)

Decision. The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of an administrative official or agency.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 11, 7-20-22)