ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The Land Use Administrator may grant Modifications from certain standards and requirements of the zoning ordinance in order to provide both citizens and the City with an expeditious, convenient, and economical solution to certain minor land use problems, serving to free the Planning Commission for the consideration of matters having a broader effect on the community as a whole. The Land Use Administrator shall provide fair and equitable solutions according to law and accepted planning practices when extraordinary conditions warrant a proposed minor deviation from certain standards and requirements of the zoning ordinance. The Land Use Administrator shall be the Chief of Planning or, if the Chief of Planning so delegates, either the Senior Planner, Associate Planner or the Assistant Planner.
• (b) Criteria. The Land Use Administrator may grant Modifications as described herein subject to the following criteria:
• (1) The location of buildings and structures shall respect the natural terrain of the site in order to minimize grading and to preserve existing mature trees, where feasible.
• (2) The building or structures shall be harmonious and consistent within the proposed architectural style regarding roofing, materials, windows, doors, openings, textures, colors, and exterior treatment.
• (3) The overall design of the building or structures shall be integrated and compatible with the scale of the overall neighborhood and shall strive to be balanced and in harmony with the scale and bulk of surrounding properties.
• (c) Jurisdiction of the Land Use Administrator.
• (1) The Land Use Administrator may approve, conditionally approve, or deny only the following deviations from the standards and requirements of this chapter. In those instances where a project requires a Variance, all proposed deviations, even those that would otherwise qualify for consideration as Modifications under the provisions of this section, shall be considered as Variances and processed as provided for in Section 10-2.2510 of this article.
• a. A maximum fifty (50%) percent reduction in the required side setback up to a minimum side setback dimension of thirty (30) inches;
• b. A maximum fifty (50%) percent reduction in the required rear setback up to a minimum rear setback dimension of ten (10) feet;
• c. A maximum twenty-five (25%) percent reduction in the required front setback for a single-family home where there are existing variable setbacks on the same block face;
• d. A maximum thirty-three and one-third (33 1/3%) percent increase in the allowable height of walls;
• e. A maximum one-foot reduction in the turning radius of ninety (90) degree parking stalls where the width of the stalls is increased by one foot;
• f. When making additions that expand the building area of an existing single-family residence, duplex, or an accessory building on the same site, a waiver of the requirement for a two (2) car garage or two (2) parking spaces per unit as applicable;
• g. A maximum twenty-five (25%) percent reduction in the required outdoor living space to a minimum of 600 square feet when expanding an existing single-family home;
• h. An encroachment into the front setback for a private garage which is accessory to a single-family dwelling in a residential zone (subject to the standards of subsection (d) of Section 10-2.1500), or an encroachment into the nineteen (19) foot distance between garage openings and the property line abutting the side street on corner lots (subject to the standards of subsection (d) of Section 10-2.1500), when such lot has an elevation of four (4) feet or more above or below the street elevation within thirty (30) feet of the street-abutting property line, subject to the following criteria:
• 1. The design of the project is necessary to provide a safe and useable private garage.
• 2. The overall design is integrated and compatible, to the extent possible, with the scale of the neighborhood and is balanced and in harmony, to the extent possible, with the surrounding properties.
• 3. The style of the building regarding roofing, materials, windows, texture, and colors is consistent and harmonious with the main building.
• 4. The proposed private garage is functionally integrated with the natural features of the landscape, including the prevention of soil erosion or other detrimental physical effects to the site.
• i. A maximum fifty (50%) percent reduction in the setback between dwelling units for patios, sunrooms, atriums, and other unheated space.
• j. A maximum thirty-three and one-third (33 1/3%) percent increase in the allowable horizontal dimensions applicable to arbors or similar structures in Section 10-2.1522(a)(2)(e).
• (2) The Land Use Administrator may decline to handle or determine a matter which otherwise qualifies for consideration as a Modification under the provisions of this section and may instead refer such matter to the Planning Commission for consideration as a Variance as provided for in Section 10-2.2510 of this article.
• (d) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
• (e) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
• (1) Existing topography and proposed grading;
• (2) Existing trees with a trunk diameter of six (6) inches or greater;
• (3) All buildings and structures, and the uses within each room;
• (4) Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;
• (5) Exterior lighting;
• (6) Easements;
• (7) Off-street parking areas, including the stall striping, aisles, and driveways;
• (8) The lot dimensions;
• (9) Setbacks and spaces between buildings;
• (10) Walls, fences, and landscaping and their location, height, and materials;
• (11) Landscaping areas;
• (12) Trash and recycling facilities;
• (13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;
• (14) The location, dimensions, and design of all signs;
• (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet;
• (16) Such other date as may be required to demonstrate that the project meets the criteria.
• (f) Land Use Administrator decision and notice. The Land Use Administrator shall consider all pertinent information and, within twenty-one (21) days after the receipt of a Modification application, render and give notice of a decision to approve, conditionally approve, or deny the request. Such decisions shall be embodied in a "Notice of Decision on Modification Request" and shall describe the subject property in terms adequate to identify it, shall set forth the request of the applicant, shall set forth the decision of the Land Use Administrator, and shall note that the decision shall become final and conclusive unless an appeal is filed within ten (10) days of the date of such notice. The notice shall be sent to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available.
• (g) Request for neighborhood hearing. Decisions of the Land Use Administrator shall be final and conclusive unless within ten (10) days of the date of the notice, a written appeal setting forth all the points of disagreement with the Land Use Administrator is filed with the Planning Division requesting a neighborhood hearing before the Land Use Administrator. Such matter shall be set for hearing before the Land Use Administrator in a timely fashion.
• (h) Notice of neighborhood hearing.
• (1) Notice of the neighborhood hearing before the Land Use Administrator shall be given by mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing, to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available.
• (2) Notice of a neighborhood hearing before the Land Use Administrator shall consist of the caption "Notice of Neighborhood Hearing Regarding Modification Request" or other descriptive title, shall describe the subject property in any terms adequate to identify it, shall set forth the request of the applicant, shall give the time and place at which the hearing will be held, and shall advise those so notified that they may attend and be heard.
• (i) Neighborhood hearing and notice of new decision. The Land Use Administrator shall establish reasonable rules governing the conduct of neighborhood hearings and may administer oaths to persons testifying at the hearing. Upon completion of the neighborhood hearing, the Land Use Administrator shall consider all pertinent information and testimony and, within 12 days thereafter, render and give notice of a new decision that restates, modifies, or reverses the earlier decision. Such new decision shall be embodied in a "Notice of Findings and Determinations at Neighborhood Hearing". The notice shall be mailed to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available. The decision of the Land Use Administrator for the approval of denial of an application for Modification shall be final and conclusive unless, within ten (10) days of the date of such notice a written appeal, setting forth all the points of disagreement with the Land Use Administrator, is filed with the Planning Division requesting a public hearing before the Planning Commission.
• (j) Appeal of decision of the Land Use Administrator. The Planning Division shall set an appeal for a public hearing before the Planning Commission in a timely fashion.
• (k) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an appeal from the decision of the Land Use Administrator shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (l) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the approval or denial of an application for Modification shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):
• (1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
• (2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
• Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
• (m) Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider an appeal from the decision of the Planning Commission shall be given pursuant to subsection (k) of this section.
• (n) Decision of the City Council. The decision of the City Council on all applications shall be final and conclusive.
• (o) Expiration. A Modification shall become null and void unless vested within thirty-six (36) months after the date of the approval of the Modification. Such time limits may be extended by the Land Use Administrator upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(Ord. 2756 c.s., eff. January 18, 1996, as amended by Ord. 2801, eff. June 5, 1997)

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