§ 18-411. Exceptions – Administrative bulk adjustments.
(a) In general.
A minor expansion of a nonconforming structure may be made with the administrative approval of the Zoning Administrator, as provided in this section.
(b) Application; Certifications.
(1) An application under this section must be filed by the property owner or with the written consent of the property owner.
(2) The application must be filed with the Zoning Administrator, in the form and with the information and accompanying plans that the Zoning Administrator requires.
(3) The application must include a certification by the property owner:
(i) that the structure is a nonconforming structure; and
(ii) that a copy of the application has been given to the owners of the adjoining properties.
(4) On receipt of an application, the Zoning Administrator must promptly refer it to the Director of Planning for design review.
(c) Review and approval.
The Planning Director may recommend approval of the application if, after design review, the Director finds that the proposal:
(1) is in harmony with the general character, arrangement, design, and architectural features of similar buildings within a radius of 300 feet;
(2) is not contrary to the public interest; and
(3) is consistent with the purposes and intent of this Code.
(d) Imposition of conditions.
To the extent necessary or desirable to reduce or minimize any effect of a proposed expansion on other properties in the neighborhood, the Planning Director may recommend:
(1) requiring changes in any design or plan of any existing structure or any alteration of the structure; and
(2) imposing conditions, restrictions, and limitations governing:
(i) screening or fencing;
(ii) type of lighting; and
(iii) any other relevant matter.
(e) Final decision.
(1) A copy of the Planning Director’s recommendation on the application must be filed with the Zoning Administrator.
(2) When issued, the Director’s decision constitutes a recommendation to the Zoning Administrator. The Zoning Administrator’s decision is a final decision for purposes of administrative appeal under Title 19, Subtitle 3 {“Administrative and Judicial Review”} of this Code.
(f) Compliance required.
(1) Failure to comply with any change, condition, restriction, or limitation imposed under this section constitutes a violation of this Code.
(2) No condition, restriction, or limitation imposed under this section may be changed unless, on the filing of a new application, that change is authorized under this section.
(Ord. 17-015; Ord. 16-581.)
