§ 65.740. Local Historic Landmarks Administrative Variances.

Upon application duly made in accordance with Chapter 65.376 and Certificate of Appropriateness granted in accordance with Chapter 65, Part 4B, the Zoning Official or designee may by administrative decision, approve variance requests for any structure and site designated by ordinance as a local Historic Landmark. For the purposes of this section an administrative variance may involve matters such as setback lines, parking requirements, and Impervious Surface Ratio (ISR).

Variance requests subject to administrative review shall be approved only if they meet the following requirements:

(a)

Setback. That the setback required is not reduced below fifty percent (50%) of that normally required;

(b)

Parking. That parking is not reduced below fifty percent (50%) of that normally required;

(c)

ISR. That the lot coverage is not increased by more than twenty percent (20%) of that normally permitted; and

(d)

Appeal of Zoning Official. Whenever the applicant disagrees with the decision of the Zoning Official or any of the conditions or safeguards imposed as part of the terms under which the Administrative Variance is approved, the applicant may elect to appeal the application to the Appearance Review Board. Such appeal shall be reviewed by the Board on appeal as set forth in Chapter 65, Part 2G.

Height Limitations. In the AC-2 and AC-3 districts only, the allowed height limitations may be increased by ten percent (10%) of that normally permitted on property designated by ordinance as a local Historic Landmark provided a Certificate of Appropriateness has been granted in accordance with Part 4B of this Chapter and the FAR limitations of the districts are not exceeded.

(Ord. of 9-16-1991, Doc. #25102)