§ 21.15.012. Procedure for obtaining administrative variance for minor dimensional errors.

A.

All minimum linear dimensions have a tolerance of 0.1 feet. Any measurement that is verified by a registered surveyor that falls within this tolerance limit complies with the specified dimension. This subsection is not an entitlement to deviate from the requirements of any other code sections.

B.

The Director of Community Planning and Development, with the concurrence of the Director of Public Works, may grant an administrative variance from the strict application of the dimensional aspects of a zoning ordinance, but only in accordance with Table A and only for construction errors that are the result of excusable neglect on the part of the applicant, provided:

1.

the amount of deviation does not exceed the limit set forth in Table A plus the tolerance of subsection A above,

2.

the structural component is an essential element of the structure as opposed to a decorative element or an element constructed as a convenience to applicant and not a necessity,

3.

the violation of the zoning ordinance does not materially affect the purpose of the ordinance,

4.

there is no reasonable alternative to mitigate or remove the violation, and

5.

a fee has been received.

C.

If the request for the administrative variance is denied, the applicant may request a variance under AMC 21.15.010.

D.

Definitions.

1.

For purposes of this section, "Applicant" means the person or entity who created the construction error. Applications for administrative variances from construction errors which existed prior to the effective date of this ordinance may be made by the property owner.

2.

Excusable neglect means the failure of an objectively reasonable and prudent person, in good faith, to take the proper steps at the proper time, but not in consequence of the party's own carelessness, inattention, or willful disregard of the law, but in consequence of some unexpected or unavoidable hindrance or accident. Applicants involved in the professional trades which utilize Title 21 shall not be granted a variance under this section for errors an objectively reasonable and prudent person in their trade knew or should have known violated this title. Excusable neglect includes:

a.

Transportation or other manifest clerical errors in mathematical calculations.

b.

A reasonable, but mistaken interpretation of a code provision in this title.

c.

Unforeseeable or unavoidable accident.

E.

No variance may be granted under this section if doing so will create a violation of Title 23 or Title 24.

F.

This Code section shall be reviewed by the Zoning Board of Examiners and Appeals at least every two years.

TABLE A

Dimension Tolerances for Administrative Variances
(all dimensions are in feet)

Zoning District	Front Yard	Secondary Front Yard	Side Yard	Rear Yard	Lot Area	Lot Width	Lot Coverage	Front Yard Fence Height
PLI	1.2	0.6	1.2	1.4	0	0	2% over the lot coverage specified for the lot size (see 21.40.020G.)	0
R-1, R-1A	0.9	0.4	0.4	0.9	0	0	32%	0
R-2A, R-2D, R-2M	0.9	0.4	0.4	0.9	0	0	42%	0
R-3 (1 & 2 Family)	0.9	0.4	0.4	0.9	0	0	42%	0
R-3	0.9	0.4	0.8	1.8	0	0	41%	0
R-4	0.9	0.4	0.4	0.9	0	0	0%	0
R-5	0.9	0.4	0.4	0.9	0	0	31%	0
R-5A	2.3	1.2	0.9	0.9	0	0	31%	0
R-6	4.4	2.3	2.3	4.4	0	0	31%	0
R-7	2.3	1.2	0.8	0.9	0	0	31%	0
R-8, R-9	2.3	1.2	1.3	2.3	0	0	0	0
R-10	—	—	2.3	—	0	0	0	0
R-11 Residential	0.9	0.4	0.4	0.4	0	0	0	0
R-11 Commercial Industrial	0.9	0.4	0.4	1.4	0	0	0	0
R-O	0.9	0.4	0.4	0.4	0	0	0	0
B-1A	0.9	0.4	0.4	0.4	0	0	0	0
B-1B	0.9	0.4	0.4	0.9	0	0	0	0
B-2A, B-2B, B-2C	—	—	—	—	0	0	0	0
B-3	0.9	0.4	0.4	1.4	0	0	0	0
B-4	0.9	0.4	—	—	0	0	0	0
I-1, I-2, I-3	0.9	0.4	—	—	0	0	0	0
MC	0.9	0.4
MI	0.9	0.4	—	—	0	0	0	0
W	—	—	—	—	—	—	—	—
T	—	—	—	—	0	0	0	0
PC	—	—	—	—	—	—	—	—
AF	4.9	2.3	2.3	2.3	0	0	0	0
gR-1	1%	1%	1%	1%	1%	1%	1%	0
gR-2	1%	1%	1%	1%	1%	1%	1%	0
gR-2A	1%	1%	1%	1%	1%	1%	1%	0
gR-3	1%	1%	1%	1%	1%	1%	1%	0
gR-4	1%	1%	1%	1%	1%	1%	1%	0
gR-5	1%	1%	1%	1%	1%	1%	1%	0
gC-1	1%	1%	1%	1%	1%	1%	1%	0
gC-2	1%	1%	1%	1%	1%	1%	1%	0
gC-3	1%	1%	1%	1%	1%	1%	1%	0
gC-4	1%	1%	1%	1%	1%	1%	1%	0
gC-5	1%	1%	1%	1%	1%	1%	1%	0
gC-6	1%	1%	1%	1%	1%	1%	1%	0
gC-7	1%	1%	1%	1%	1%	1%	1%	0
gC-8	1%	1%	1%	1%	1%	1%	1%	0
gC-9	1%	1%	1%	1%	1%	1%	1%	0
gC-10	1%	1%	1%	1%	1%	1%	1%	0
gl-1	1%	1%	1%	1%	1%	1%	1%	0
gl-2	1%	1%	1%	1%	1%	1%	1%	0
GRST-1	1%	1%	1%	1%	1%	1%	1%	0
GRST-2	1%	1%	1%	1%	1%	1%	1%	0
GA	1%	1%	1%	1%	1%	1%	1%	0
GOS	1%	1%	1%	1%	1%	1%	1%	0
GIP	1%	1%	1%	1%	1%	1%	1%	0
GCR-1	1%	1%	1%	1%	1%	1%	1%	0
GCR-2	1%	1%	1%	1%	1%	1%	1%	0
GCR-3	1%	1%	1%	1%	1%	1%	1%	0
GDR	1%	1%	1%	1%	1%	1%	1%	0
GRR	1%	1%	1%	1%	1%	1%	1%	0
GW	1%	1%	1%	1%	1%	1%	1%	0

 

(AO No. 99-131, § 4, 10-26-99; AO No. 2002-109, § 1, 9-10-02; AO No. 2006-144, § 1, 10-31-06; AO No. 2009-48, § 5, 4-28-09)