A. Purpose.
1. The minor adjustment procedure is intended to allow minor modifications, waivers, or alternatives to strict compliance with the standards of this Code. Minor adjustments are intended to provide greater flexibility when necessary, without requiring a Zoning Map amendment (
Section 405.100: Zoning Map Amendment) or variance (
Section 405.230: Variance).
B. Applicability.
1. This Section applies to the following types of requests:
a. Modifications of ten percent (10%) or less of any dimensional or numeric standard specified in the following:
b. Modifications, waivers, and alternatives to strict compliance with the standards specified in the following:
c. Other types of adjustments where specifically authorized elsewhere in this Code.
2. Minor adjustments may only be used to adjust standards on a single lot or two (2) adjacent lots to address unique site constraints.
3. The minor adjustment procedure shall not apply to any proposed modification or deviation that results in:
a. An increase in the overall project density;
b. A change in permitted uses or mix of uses;
c. A deviation from building or fire codes;
d. A deviation from
Title V Appendix A: Engineering and Plan Preparation Manual for Public Facilities;
e. Requirements for public roadways, utilities, or other public infrastructure of facilities; or
f. A change to development standards where that same standard was already modified through a separate approval, minor adjustment or variance.
4. Applications are subject to the common procedures identified in
Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in
Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Application Submission And Handling.
3. Notice And Public Hearings.
4. Review And Decision.
a. Where the concurrently reviewed application requires review and approval by the Community Development Director or no concurrent application is required, the Director shall review the minor adjustment application and:
(1) Act to approve or deny the application in accordance with
Section 405.050: Staff Review And Action and the criteria listed in Subsection (C)(4)(c); or
(2) Refer the application to the Planning and Zoning Commission. In such case, an application for a minor site plan (
Section 405.160: Site Plan) shall be required in addition to the application for minor adjustment.
b. Where the concurrently reviewed application requires review and approval by the Planning and Zoning Commission or Board of Aldermen, the Commission or Board, as applicable, shall review and decide the minor adjustment application based on the criteria in Subsection (C)(4)(c).
c. Review Criteria. A minor adjustment shall be reviewed according to the following criteria:
(1) It is consistent with the stated purposes of this Code;
(2) It addresses unique aspects of the site or building;
(3) It will result in a development quality that is equal to or better than would have been required without the adjustment;
(4) It will have no appreciable adverse impact on the health, safety or general welfare of surrounding property owners or the general public; and
(5) Any adverse impacts resulting from the minor adjustment will be mitigated to the maximum practical extent.
5. Post-Decision Actions And Limitations.
(1) Effect Of Approval. Approval of a minor adjustment authorizes only the particular adjustment of standards approved, and only to the subject property of the application.
(2) Expiration Of Approval. A minor adjustment approval shall automatically expire if the concurrent application is denied or expires, is revoked, or otherwise is deemed invalid.
(3) Appeal.
(a) An applicant aggrieved by final decisions by staff may appeal the decision to the Planning and Zoning Commission in accordance with
Section 405.250: Appeal Of Final Decision.
(b) Final decisions by the Planning and Zoning Commission and Board of Aldermen are not appealable.
(c) If an application is denied by the Planning and Zoning Commission or Board of Aldermen, the applicant may submit an application for a variance in accordance with
Section 405.230: Variance.
