§ 1421. Authority.

(a)

The director of public development shall have the power to authorize upon application in specific cases such variances from the terms of this UDC as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this UDC will in an individual case result in unnecessary hardship or practical difficulty, so that the spirit of this UDC shall be observed, public safety and welfare secured, and substantial justice done.

(b)

The director of public development may upon application approve, conditionally approve, or deny variances, subject to the requirements of this division. In granting a variance, the director of public development may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this UDC, as may be deemed necessary for the protection of adjacent properties and the public interest.

(c)

The director of public development's authority to grant administrative variances shall be limited to granting administrative variances to the following provisions:

1.

Minimum building setbacks, whether established by zoning district, overlay district, or for a specific use, not to exceed a reduction of 25 percent, but not including any stream buffer required by article 5 or article 8 of this UDC or any other buffer requirement of this UDC.

2.

Maximum building height, not to exceed an additional four feet above the maximum allowed.

3.

Minimum parking space requirements, per section 667 of this UDC, not to exceed 20 percent below the minimum.

4.

Maximum parking space requirements, per section 667 of this UDC, not to exceed 20 percent above the maximum.

5.

Reduction or waiver of off-street loading requirements, per section 685 of this UDC.

(Ord. No. 17-003 , § 1, 10-2-2017)