§ 138-237. Waivers and administrative adjustments.

(a)

Purpose. There are situations that require flexibility to technical standards, dimensional standards, district design criteria, and/or specific use standards to respond to unique site conditions and/or existing conditions in the immediate vicinity. The waiver and administrative adjustment provisions are intended to allow an applicant to seek flexibility to certain code requirements and allow the county to administratively process and take action on said requests as a Type 1 review; the degree of the request will determine whether the application will follow a Path A or B review pursuant to subsection (d).

(1)

A waiver is an approved elimination of a particular technical standard based on a site constraint, and/or the ability to meet the intent by another means. Waivers generally have minimal or no impact on a neighboring property.

(2)

An administrative adjustment is an approved adjustment or reduction to certain dimensional standards and/or technical requirements of the Code based on a site constraint, and/or the ability to meet the intent by another means. Administrative adjustments may have some impact on a neighboring property.

(b)

Administrative adjustments. Subject to the criteria and limitations of this division, the approval authority may grant the following administrative adjustments to the Code:

(1)

Zoning district dimensional requirements may be adjusted up to 20 percent; this may include adjustments to setbacks, building height, and building coverage.

(2)

Parking and loading requirements may be adjusted subject the following limitations:

a.

The minimum parking and/or loading quantity may be adjusted up to 20 percent or two stalls/spaces whichever is greater; this adjustment may not be permitted in addition to the other administrative reductions outlined in chapter 138, article X, division 2.

b.

The minimum parking/loading dimensions may be adjusted up to 20 percent or two feet whichever is greater.

(3)

Landscaping and tree preservation requirements may be adjusted up to 20 percent; this may include adjustments to plant quantity, plant size, buffer width, and location.

(4)

Sign dimensional standards may be adjusted up to 20 percent; this is limited to adjustments to sign placement on the site and/or placement on a building.

(5)

Fence requirements and limitations may be adjusted up to 20 percent or two feet whichever is greater; this is limited to adjustments to height, location, and size.

(6)

Design criteria may be adjusted up to 20 percent; this is limited to adjustments to setbacks, building height, buffer width, façade treatment areas, sidewalks, and building coverage.

(7)

Specific use standard(s) may be adjusted up to 20 percent; this is limited to adjustments to setbacks, building height, buffer width, façade treatment areas, sidewalks, and building coverage.

(8)

Roadway and transportation dimensional standards may be adjusted up to 20 percent; this is limited to adjustments to lane width, sidewalk widths, turnaround dimensions, and right-of-way widths.

(9)

Stormwater design elements may be varied and/or adjusted to overcome site constraints and/or respond to existing development conditions. Stormwater dimensional requirements may be adjusted up to 20 percent; adjustments to quantity or quality performance standards are not permitted.

(10)

Construction standards and materials for sidewalks, roadways, driveways and similar elements may be varied and/or adjusted when alternative materials or methods are used that strengthen the district intent. Dimensional requirements may be adjusted up to 20 percent. Adjustments pertaining to ADA standards are not permitted.

(c)

Waivers allowed. Subject to the criteria and limitations of this division, the approval authority may grant the following waivers to the Code:

(1)

Site access standards and requirements may be waived to respond to site constraints and/or respond to existing development conditions.

(2)

Sidewalk connections may be waived to respond to site constraints and/or respond to existing development conditions that would make the connections impractical or unsafe.

(3)

Landscaping and buffering standards may be waived for specific areas on a site when other vegetation is present and provides the same purpose. Landscaping standards may be waived for portions of a site to respond to government security and surveillance mandates.

(4)

Construction elements for sidewalks, roadways, driveways, parking lots, and stormwater management facilities may be waived when comparable methods are proposed to meet the standard's original intent.

(5)

Road frontage requirements may be waived so long as legal access is available. A waiver may be granted where roadway frontage constraints exist due to existing property configurations and the inability to combine with or connect to adjacent properties. The provisions of section 138.3503 shall be considered for road frontage waiver requests.

(6)

Other similar technical standards as determined by the county administrator or designee. However, waivers pertaining to ADA standards are not permitted.

(d)

Waivers and administrative adjustment review. Waivers and administrative adjustments may be processed as a Type 1 review subject to the following:

(1)

Type 1—Path A: Department review procedure is allowed for the following:

a.

Waivers that are not a part of a required site plan.

b.

Administrative adjustments up to ten percent of a dimensional standard.

(2)

Type 1—Path B: Development review committee procedure is required for the following:

a.

Waivers that are a part of a required site plan.

b.

Administrative adjustments up to 20 percent of a dimensional standard.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)