SEC. 12.28. ADJUSTMENTS AND SLIGHT MODIFICATIONS.

(Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

A. Adjustments. The Director shall have the authority to grant adjustments in the Yard, area, Building line and height requirements of Chapter 1 of this Code, pursuant to Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code. An adjustment shall not be permitted for relief from a density (Lot area per unit) or height requirement, excluding fences and hedges, if the request represents an increase of 20 percent or more than what is otherwise permitted by this Code. A request for an increase of 20 percent or more shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.

The Director shall also have the authority to grant adjustments in Residential Floor Area of no more than a ten percent increase beyond what is otherwise permitted by Chapter 1 of this Code. A request for an increase in Residential Floor Area greater than ten percent shall be made as an application for a variance pursuant to Sec. 13B.5.3. (Variance) of Chapter 1A of this Code, except as may be permitted by other provisions of Chapter 1 of this Code.

B. The Director shall have the authority to grant slight modifications in the yard and area requirements of Chapter 1 of this Code where circumstances make the literal application of the yard and area requirements impractical. Slight Modifications from the yard and area requirements shall be limited to:

deviations permitting portions of buildings to extend into a required yard or other open space a distance of no more than 20 percent of the width or depth of the required yard or open space only when the request is filed incidental to another application or appeal within the jurisdiction of the Director; and
deviations of no more than ten percent from the required lot area regulations. In those cases, the procedures for notice, hearing, time limits and appeals shall be the same as those applicable to the underlying application or appeal. In granting a slight modification, the Director may impose conditions related to the interests addressed in the findings set forth in Sec. 13B.5.2.E.

C. Procedures for Adjustments. See Sec. 13B.5.2. (Adjustment) of Chapter 1A of this Code.

D. Public Hearing and Notice.

Notwithstanding the provisions of Sec. 13B.5.2 (Adjustment) of Chapter 1A of this Code, an application for an adjustment to permit a game court, including a tennis or paddle tennis court, accessory to a primary residential use on the same lot, or to permit the erection of light standards in conjunction with that use shall be set for public hearing and notice shall be given in the same manner required for adjustments unless the applicant has secured the approval of the owners of all properties abutting, across the street or alley from or having a common corner with the subject property.
For R1, RS, RE and RA Zoned properties, the Zoning Administrator must conduct a public hearing for any Adjustment requests.