Downtown Form-Based Code

DFD 205. Administrative Adjustments

1. A.
   Purpose and Intent

   The purpose and intent of this section is to provide an administrative mechanism for allowing minor adjustments to limited and specific requirements of the Code, with the intent of providing relief where the application of a standard creates practical difficulties in allowing development to proceed. These adjustments are intended to provide relief for minor construction/survey issues; they are not intended for designed deviations from the Code, like those governed by Section DFD 208. Deviations below. This optional process occurs only where an applicant requests an Administrative Adjustment to a standard specified below.

2. B.
   Administrative Adjustment Application and Review Procedure

   1. 1.
      An application for approval of an Administrative Adjustment shall include:

      1. a.
         A brief narrative describing the Administrative Adjustment sought;
      2. b.
         A completed Administrative Adjustment Checklist, the form of which shall be developed, maintained, and made available by the Director, demonstrating that the adjustment sought is limited to the standards set forth below; and
      3. c.
         Any other documents and/or materials required by the Director to determine that the adjustment sought is limited to the standards set forth below.
   2. 2.
      The Director may seek assistance from the PRC in making a determination under this Section.
   3. 3.
      Within ten (10) business days of receipt of a complete application, the Director shall review the application in accordance with the Administrative Adjustment Standards below, and take one of the following actions:

      1. a.
         Approve the application as submitted;
      2. b.
         Approve the application with conditions; or
      3. c.
         Deny the application.
3. C.
   Administrative Adjustment Standards
   The Director is authorized to approve Administrative Adjustment applications in strict conformance with the following standards only:

   1. 1.
      Height

      1. a.
         Minimum and maximum height - up to five percent (5%) for any cumulative increase or decrease in building height.
      2. b.
         Street Wall/fence requirements – up to ten percent (10%).
      3. c.
         Finished floor elevation – up to five percent (5%).
   2. 2.
      Siting

      1. a.
         Required Building Line – move forward up to six (6) inches.
      2. b.
         Required Building Line minimum percentage built-to – reduction of up to five percent (5%) of required length.
      3. c.
         Parking Setback Line – move forward up to six (6) inches; except along frontages where a building occupies greater than 60% of the RBL, the parking setback along the remaining frontage may be reduced by 10 feet provided that a street wall is located at the RBL for the width of the parking area.
      4. d.
         Mezzanine floor area – up to ten percent (10%) additional area.
      5. e.
         Street Wall requirements – up to ten percent (10%) of the height/ Fenestration/access gate requirements.
      6. f.
         Entrances (maximum average spacing) – up to ten percent (10%) increase in spacing.
   3. 3.
      Elements

      1. a.
         Fenestration (minimum and maximum percent) – up to five percent (5%).
      2. b.
         Elements (minimum and maximum projections) – up to five percent (5%).
   4. 4.
      Architectural Standards

      1. a.
         Primary and accent materials – up to ten percent (10%).
      2. b.
         Window and pane dimensions – up to ten percent (10%).
      3. c.
         Shopfront entry geometry – up to ten percent (10%).
      4. d.
         Upon the recommendation of the Site Plan Review Committee, materials other than those listed in 603.C, 603.D and 603.E may be allowed.
   5. 5.
      Streets, Blocks and Alleys

      1. a.
         Street center lines may be moved up to 50 feet in either direction, so long as:

         1. i.
            the street connectivity is maintained (no cul-de-sacs);
         2. ii.
            no street intersection occurs within 125 feet of another street intersection (centerline to centerline), or within the Functional Area of an Intersection, and 175 feet of another street intersection on Metcalf Avenue and 75th Street (centerline to centerline); and
         3. iii.
            the block configuration meets the standards defined in Section DFD 301.D. Streets, Blocks & Alleys.
4. D.
   Administrative Adjustment of Unlisted Standards

   Any request for relief from a required FBC standard other than those listed above shall be made through the deviation process set forth in Section DFD 208. Deviations below.

5. E.
   Applicability

   Any Administrative Adjustment approved under this Section shall run with the land and not be affected by a change in ownership.

Effective on: 1/1/1901