A. Description. Administrative review provides relief from carrying out a requirement of this code that may cause a minor practical difficulty.

B. Initiation. The property owner, or person expressly authorized by the property owner in writing, may initiate an administrative review.

C. Eligibility. The applicant is eligible to apply for an administrative review for up to a ten-percent adjustment from any dimensional or physical requirement of this code.

D. Authority. The Director must review and take action on requests for an adjustment.

E. Procedure.

(1) An administrative review application must be filed with the Director.

(2) The Director shall review the application for completeness based on the following list of information:

(a) The name and address of the applicant making the request;
(b) A description of the adjustment, including a quantification by percentage requested; and
(c) A scaled drawing with dimensions shown illustrating buildings and/or structures involved with the adjustment.
 

(3) Once all necessary information is received the Director shall determine the application to be complete.

(4) Upon receipt of the determination of application completeness, the applicant shall provide written notice to each adjoining property owner that an application for administrative review is being requested from the Director. The notice shall include a description of the project for which adjustment sought, the level of adjustment sought, the address where written objection to the project may be written, and the date by which the written objection must be received. Within five days after provision of the notice to adjoining property owners, the applicant shall provide to the Director a copy of the notice sent, a list of the adjoining property owners receiving the notice, and written evidence (i.e., mail certification receipts) that the notice has been properly made to each adjoining property owner.

(5) If a written objection to an administrative review is received by the Director prior to the date of the Director's determination, the application must be resubmitted as a zoning variance to the Development Board. No additional fees shall apply.

(6) Within 30 days of the determination of application completeness, the Director must approve, approve with modifications, or disapprove the application. The failure of the Director to act within 30 days of receipt of a complete application will be deemed a disapproval of the application, except where this thirty-day period is extended by mutual consent of the applicant and the Director.

(7) The Director may, at his/her discretion, determine that, because of its nature, a proposed administrative adjustment must be resubmitted as a zoning variance to the Development Board. No additional fees shall apply.

F. Approval standards. The Director must make written findings of fact on the following standards:

(1) The benefits to the applicant of the approval of the adjustment outweigh any detriments to the public health, safety, and welfare; and
(2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than through the administrative review.

G. Expiration.

(1) The adjustment approved as a result of the administrative review expires within one year from the date of approval, if a building permit or certificate of occupancy has not been issued and no request for a time extension is sought within the original period of validity.

(2) The Director may extend the time for expiration of an approved adjustment for one year, upon a showing of good cause by the applicant. A request for extension must be made in writing to the Director within the original period of validity.

H. Appeals. An aggrieved party may appeal the adjustment decision of the Director to the Development Board in accordance with Part 2, § 106-113, of this code. The appeal must be filed with the Director within 30 days after the date of the adjustment decision.

---

A use listed in Schedule 1, Allowed Uses, as a use requiring an administrative permit shall be permitted in that district when a permit has been approved by the Director in accordance with the standards in Part 1, Article III, Administration and Enforcement, hereof, provided all other requirements of this code are met.