§ 68-35. Administrative waivers.

(a)

Purpose. Administrative waivers provide a process for the city staff to consider requests to waive or modify certain standards of this Code when, special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development regulations otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

(b)

Applicability. An administrative waiver may be granted to waive or modify any requirement of the land development regulations (LDR) except: permitted land uses; density; floor area ratio; specific prohibitions (for example, prohibited signs), or procedural requirements.

(c)

Review authority. The CID director may approve an administrative waiver to grant relief from any of the following requirements of the LDR, up to a maximum variance of ten percent of the requirement or a maximum of one foot, whichever is smaller.

(1)

Distance between structures;

(2)

Parcel dimensions (not area);

(3)

Setbacks.

An administrative waiver may also be used to grant relief from "on-site parking, loading, and landscaping" up to a maximum reduction of ten percent provided there is less than a one percent reduction in the impervious surface ratio on the site.

(d)

Application filing and processing. An application for an administrative waiver shall be completed, filed, the required application fee paid and processed in compliance with this chapter. It is the responsibility of the applicant to provide evidence in support of the findings required in subsection (f).

(e)

Project review, notice and hearing. Each application shall be reviewed by the CID director to ensure that the proposal complies with this section, and other applicable requirements of the LDR. The CID director may approve or deny an administrative waiver without a public hearing or public notice.

(f)

Findings and decision. The CID director may approve or deny an application for an administrative waiver. The CID director shall record the decision and the findings on which the decision is based.

(1)

General findings. The CID director may approve an administrative waiver only after first making all of the following findings.

a.

There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of the LDR deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;

b.

The approval of the administrative waiver includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and

c.

The administrative waiver is consistent with the comprehensive plan, and any other adopted plan or policy of the city.

(2)

Reasonable accommodation. The CID director may also grant an administrative waiver to the site planning or development standards of the LDR in compliance with this section, based on the finding that the waiver is necessary to accomplish a reasonable accommodation of the needs of a disabled person, in compliance with the Americans with Disabilities Act (ADA).

(3)

Sanitation service. The CID director may also grant an administrative waiver to the site planning or development standards of the LDR in compliance with this section, based on the finding that the waiver is necessary to install a dumpster and provide traffic circulation on the site for the sanitation vehicle.

(4)

Improvements to existing buildings. The CID director may also grant an administrative waiver to a development standard of the LDR in compliance with this section, based on the finding that the improvement is required by the Florida Building Code.

(g)

Conditions of approval. In approving an administrative waiver, the CID director:

(1)

Shall impose conditions to ensure that the approval does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

(2)

May impose any reasonable conditions to ensure that the approval complies with the findings required by subsection (f).

(h)

Appeal procedures. A property owner that is denied an administrative waiver may file an appeal which will be heard by the planning and zoning board. The fee and process of the appeal shall follow the requirements of an "appeals to administrative decisions."

( Ord. No. 14-06, § 1, 9-3-14 )