The purpose of this section is to grant authority to the City Manager to take action on requests for minor modifications or adjustments to certain requirements of the zoning chapter when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations.

The City Manager is authorized to approve requests for an adjustment. An adjustment is any variance to the terms or requirements of the zoning chapter which, if granted, would result in a decrease of not more than twenty-five (25) percent of the required rear or side yard setback.

(Ord. #82-323, § 23)

Application for an adjustment shall be filed with the City Manager on a form prescribed by the City Manager and shall include the following data and maps:

a.

Name and address of the applicant.

b.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the adjustment is being requested.

c.

Address and legal description of the property.

d.

Statement of the precise nature of the adjustment.

e.

An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed property lines, locations of structures, parking areas, driveways, other improvements or facilities and landscaped areas.

f.

Other plans, drawings or information which the City Manager deems necessary to enable proper consideration of the application.

(Ord. #82-323, § 23)

The application shall be accompanied by a fee established by ordinance or resolution of the City Council to cover the cost of handling the application as prescribed in this section. A single application may include requests for adjustments from more than one regulation applicable to the same site, or for similar adjustments on two (2) or more adjacent sites having the same characteristics.

The City Manager or his designee shall hold a public meeting on an application for an adjustment. At the public meeting, the City Manager shall review the application, statements and drawings submitted and the results of his own investigation of the property involved and surrounding area and conditions. At the public meeting the City Manager shall act on the application and may approve the application as submitted or in modified form, or the application may be denied. An adjustment may be granted subject to such conditions as the City Manager may prescribe.

(Ord. #82-323, § 23)

In granting an adjustment, the City Manager shall make findings of fact that establish that the circumstances necessary for granting a variance, as prescribed in the zoning chapter, do apply.

(Ord. #82-323, § 23)

The City Manager is authorized, after consultation with the City Engineer and a designated member of the City Council, to review and approve all required landscape plans and fence plans.

(Ord. #82-323, § 23)

Decisions of the City Manager relative to adjustments, landscape and fence plan reviews, Article 23-16 (Signs), and Article 23-17 (Recreational Court Fencing and Lighting) shall not become effective until fifteen (15) days after the decision; such decisions may be appealed to the City Council by any interested or affected person by filing a letter of appeal with the City Manager within fifteen (15) days of the decision. The letter of appeal should state in writing the reasons for the appeal.

Within fifteen (15) days of receipt of the appeal, the City Manager shall transmit to the City Clerk the letter of appeal and copies of the application and all other papers and documents constituting the record upon which the City Manager made his decision. An appeal shall be accompanied by a fee established by ordinance of the City Council to cover the cost of processing the appeal. The City Council shall hold at least one (1) public meeting on a decision of the City Manager which has been appealed. The meeting shall be held within forty (40) days of the appeal and the time and place of the hearing shall be set by notice given as prescribed by law. The City Council shall render a decision on an appeal within thirty-one (31) days following the closing of the public meeting on the appeal. The City Council may affirm, reverse, or modify a decision of the City Manager. The decision of the City Council shall be final.

(Ord. #82-323, § 23)