Administrative waivers may be granted only in the case of an undue hardship caused by special circumstances relating to the property for which the administrative waiver is sought, whereby the strict application of these regulations would deprive the applicant of the reasonable use of their land or building.

(A)

Administrative waivers may be granted by the Community Development Services Director solely for those items set forth in subsection (B) below in accordance with Section 122-030 of the Unified Land Development Regulations ("ULDR"). Relief from provisions not included in this Section will be considered as variances and must be granted by the Planning and Zoning Board ("PZB").

(B)

Applications for administrative waivers for individual single-family homes, duplexes, and individual townhome lots are limited to:

(1)

Yard setbacks with no more than five (5) percent deviation from setback requirements for applicable zoning district.

(2)

Pervious requirements with no more than ten (10) percent deviation from pervious requirements for applicable zoning district.

(3)

Landscaping requirements with no more than ten (10) percent deviation from landscaping requirements for applicable zoning district.

(4)

The Community Development Services Director is not authorized to review or grant administrative waivers which include a request for reasonable accommodation for persons with disabilities. Such waiver requests shall be processed by City staff and the City Commission will make the decision as to whether or not the waiver will be granted, pursuant to Article 175 of the ULDR.

(Ord. No. 2022-009, § 2, 5-10-22)

(A)

Applications shall comply with the requirements of Article 065 of the ULDR.

(B)

A site plan showing the proposed improvement as it would be constructed if the administrative waiver is granted.

(Ord. No. 2022-009, § 2, 5-10-22)

(A)

The Community Development Services Director, after consideration of public input and the criteria described below, may approve, or approve with conditions, or deny the application for an administrative waiver, based upon their determination that:

(1)

There are special circumstances or conditions applying to the land or building for which the administrative waiver is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this Article would deprive the applicant of the reasonable use of such land or building for which the administrative waiver is sought, and that alleged hardship is not self-created by any person having an interest in the property;

(2)

The granting of the administrative waiver is necessary for the reasonable use of the land or building and that the administrative waiver as requested is the minimum waiver that will accomplish this purpose;

(3)

The granting of the administrative waiver will be in harmony with the general purpose and intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(B)

Approval of an administrative waiver request shall become null and void unless a development permit pursuant thereto is issued within twelve (12) months of the date of any such action by the Community Development Services Director.

(C)

In each case wherein action upon application for an administrative waiver is taken, a development order shall be executed by the Community Development Services Director recording the decision. One copy of the order shall be kept by the City Clerk to become a public record, one copy shall be provided to the Community Development Services Department, and one copy forwarded to the applicant.

(D)

Upon a negative finding by the Community Development Services Director, the applicant may file an appeal of the Community Development Services Director's finding within thirty (30) days of the issuance of the development order pursuant to Article 125 of the ULDR with payment of applicable fees.

(E)

Whenever the Community Development Services Director has acted upon an administrative waiver for property, whether approved or denied, the Community Development Services Director shall not thereafter consider any further application for the same or any other kind of administrative waiver for any part or all of the same property for a period of one (1) year.

(Ord. No. 2022-009, § 2, 5-10-22)