A. Applicability.  Upon written receipt of an application requesting an Administrative exception or adjustment, the City Manager may request the BOA to consider an administrative exception or adjustment.

B. In order to provide a method by which human error (e.g., miscalculations) may be corrected, administrative exceptions or adjustments may be permitted. Special exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be:

1. Compatible with surrounding land uses.
2. Harmonious with the public interest.
3. Consistent with the purposes of this Code.

 

C. The BOA shall have the authority to authorize an adjustment of up to ten (10) percent of any numerical standard.

D. Administrative exceptions require compliance with all other elements of this Code not specifically excused or permitted by the administrative exception.

E. Application Requirements for Administrative Exceptions. Submission requirements for administrative exceptions will be developed by the City Manager but applications must include an affidavit from the owners or authorized agents of any property abutting the area subject to the administrative exception attesting to the applicant’s exception.

F. Criteria for Administrative Exceptions. To approve an application for an administrative exception, the Board of Adjustment must determine that the following criteria are met:

1. That granting the administrative exception serves an obvious and necessary purpose.
2. That granting the administrative exception will ensure an equal or better level of land use compatibility than the otherwise applicable standards.
3. That granting the administrative exception will not materially or adversely affect adjacent land uses or the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks or other land use considerations.
4. That granting the administrative exception will not adversely affect adjoining property values in any material way.
5. That granting the administrative exception will be generally consistent with the purposes and intent of this Code.
 

G. The Board of Adjustment is responsible for final action.