§ 30-5.6. Administrative zoning review.

(a)

Purpose. The administrative zoning review process is intended to provide more expedient relief for a narrow group of variations listed in Paragraph (d) below.

(b)

Initiation. An administrative zoning review may be initiated by the owner of any property in the Village affected by the proposed variation or other person expressly authorized in writing by the owner.

(c)

Authority and Execution. The Zoning Administrator or his designee, is authorized to take formal action on requests for administrative zoning review approvals.

(d)

Qualifying Administrative Zoning Review Variations. The administrative zoning review process applies only to single-family detached dwellings and single-family detached dwelling accessory structures and only in the following instances, listed below. Any project that requires more than one (1) request for a variation where any one (1) of those variations is not listed below or requires a special use do not qualify for the administrative zoning review process. In such case, the project is subject to the variation or special use process, as described in this section.

(1)

For an addition into a required front yard or side yard adjoining a street that is in line with an existing non-conforming wall of a detached dwelling, or provides a greater setback that still requires relief, where the existing setback is within twenty percent (20%) of the minimum setback required.

(2)

For an addition into a required side yard or rear yard that is in line with an existing non-conforming wall of a detached dwelling, or provides a greater setback that still requires relief, where the existing setback is within forty percent (40%) of the minimum setback required.

(3)

For an addition into a required side yard or combined side yard that is directly above and in line with an existing first floor load-bearing wall of a detached dwelling on a lot less than fifty (50) feet in width, where the addition meets the required side yard percentages when applied to the actual lot width.

(4)

For a dormer addition into a required front yard, side yard adjoining a street, interior side yard or rear yard that is one and one-half (1.5) feet or less into the required setback.

(5)

For a replacement detached garage of the same square footage and location, where the detached garage does not exceed six hundred (600) square feet in area.

(6)

For a detached garage that does not conform to the side yard requirements because location within a utility easement has been denied in whole or in part.

(7)

For a structural modification to a non-conforming detached garage, where the modification is to facilitate the removal of a curb cut by altering the garage from a street-loading entrance to an alley-loading entrance.

(8)

For new or expanded windows and/or doors on a legal non-conforming wall of a detached dwelling.

(9)

For a modification to roof pitch on a legal non-conforming wall of a detached dwelling.

(10)

For an increase in front yard impervious surface coverage up to twenty percent (20%) in excess of the maximum permitted, where the proposed additional coverage is equal to or less than the area in the required front yard that is covered by the principal structure.

(11)

For front yard impervious surface coverage on an irregularly-shaped lot to permit a driveway eight (8) feet in width.

(12)

For new permitted encroachments on a legal non-conforming wall of a detached dwelling, where the projection is less than or equal to the size of the allowable encroachment.

(13)

For new or replacement front porches and front decks up to six (6) feet in depth and new or replacement front porch and front deck steps up to three (3) feet in depth on a legal non-conforming wall of a detached dwelling.

(14)

For the location of an accessibility ramp, where the ramp encroaches more than three (3) feet into a required side yard or five (5) feet into a required front yard, side yard adjoining a street or rear yard.

(15)

For the location of heating and air conditioning equipment. In order to qualify for administrative zoning review of heating and air conditioning equipment, the unit(s) must be a minimum of five (5) feet from the side and rear lot lines. A proposed setback of less than five (5) feet requires that a variation must be sought in accordance with this Zoning Ordinance.

(16)

For the location of permanently installed stand-by generators that meet the decibel requirements and are located within a front yard, side yard adjoining a street or rear yard of a double-frontage lot or are a minimum of five (5) feet from the side and rear lot lines. In order to qualify for administrative zoning review of a generator setback, the unit may not exceed seventy (70) decibels at the receiving lot line under normal load when located at the proposed setback. If the unit does exceed this decibel limit at the proposed setback, a variation must be sought in accordance with this Zoning Ordinance.

(17)

For the installation of a swimming pool, spa or hot tub that is not within an enclosed building.

(e)

Procedure.

(1)

Application.

(A)

All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application) and any notice requirements of Section 30-4.3 (Notice). Once it is determined that the application is complete, the Zoning Administrator or his designee will consider the application.

(B)

The application must include a written statement by the applicant and adequate evidence showing that the proposed variation will conform to the standards set forth in this Section. The application must be accompanied by such plans or data, or both, required by the Zoning Administrator to make a decision.

(2)

Review by the Zoning Administrator.

(A)

The Zoning Administrator will review and evaluate the complete application, pursuant to the standards in Paragraph (f) (Approval Standards) below. The Zoning Administrator must render a written decision within a reasonable time to approve, approve with conditions or deny the application.

(B)

If the request is approved by the Zoning Administrator, he/she will send a letter by first class mail to the applicant and to all properties that adjoin and abut the subject property or are across the street or alley from the subject property notifying them of the Zoning Administrator's decision. Recipients of the notice have fifteen (15) days from the date of that notice to file an objection in writing with the Zoning Administrator.

(C)

If no objection is received after fifteen (15) days, the applicant may file for a building permit. If an objection is received, the Zoning Administrator will notify the applicant that due to the objection, the request is automatically denied, and, that in order to seek approval of the request, the applicant must submit a new application and proceed with the variation process of this Ordinance.

(D)

If the Zoning Administrator denies the request, in whole or in part, he/she will issue written notice of its decision by first class mail to the applicant advising that in order to seek approval of the request, the applicant must submit a new application and proceed with the variation process of this Ordinance.

(E)

In the case of a swimming pool, spa or hot tub request, where the request is denied by objection or denied by the Zoning Administrator, in order to seek approval of the request, the applicant must submit a new application and proceed with the special use process of this Ordinance.

(f)

Approval Standards. The following approval standards apply to administrative zoning reviews. Administrative zoning review approvals may only be granted when the applicable standards have been met.

(1)

Additions, Detached Garages, New or Expanded Openings, Roof Pitch, Impervious Coverage, Permitted Encroachments, Front Porches and Decks.

(A)

The particular physical conditions, shape or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of the Ordinance were strictly enforced.

(B)

The plight of the property owner was not created by the owner.

(C)

The difficulty or hardship resulting from the application of this Ordinance would prevent the owner from making a reasonable use of the property. However, the fact the property could be utilized more profitably with the variation than without the variation is not considered as grounds for granting the variation.

(D)

The proposed variation will not impair an adequate supply of light and air to adjacent property or otherwise injure other property or its use, will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare, and will not substantially diminish or impair property values within the neighborhood.

(E)

The variation, if granted, will not alter the essential character of the neighborhood and will be consistent with the goals, objectives and policies set forth in the Comprehensive Plan.

(2)

Accessibility Ramp.

(A)

Through certification by a licensed physician that the ramp is medically necessary due to the occupant's disability.

(B)

The ramp will not impair access to or use of adjacent property, or otherwise injure other property or its use, will not substantially increase the danger of fire or otherwise endanger the public health, safety or welfare.

(C)

There is no other practical and conforming location for the ramp.

(D)

Any ramp installed pursuant to this section must be removed by the owner at such time as the ramp is no longer needed to serve an occupant of the dwelling, and any permit issued to allow the installation of such a ramp pursuant to this section shall inform the recipient of this obligation to remove the ramp.

(3)

Heating and Air Conditioning Equipment and Permanently Installed Stand-by Generators.

(A)

The plight of the property owner was not created by the owner.

(B)

The alternative locations for the equipment would impose upon the owner a practical difficulty as opposed to a mere inconvenience, if the requirements of this Ordinance were strictly enforced.

(C)

The proposed variation shall have a minimum impact on adjoining private properties and land uses. This standard is deemed to be met when the conditions of the adjoining private property are such that the noise and visual impacts will not impose unreasonable impact on said property.

(D)

The variation, if granted, will not alter the essential character of the neighborhood and will be consistent with the goals, objectives and policies set forth in the Comprehensive Plan.

(E)

The equipment will be screened to its full height from the view of the street and abutting properties by a solid fence and/or evergreen shrubbery.

(4)

Swimming Pools, Spas and Hot Tubs. See Section 30-13.4.(u).

(Code 1993, § 20-5.6; Ord. No. 2017-O-59, 10-10-2017)