The adjustment review process provides a mechanism by which the regulations in the Zoning Code may be modified if, in part, the proposed development continues to meet the intended purpose of those regulations. Adjustment reviews not only provide flexibility for unusual situations, but may also be requested to allow for alternative ways to meet the purpose of the regulation. Applicants do not need to demonstrate a hardship.
When preparing an adjustment application, the approval criteria require you to specifically address each aspect of the purpose statement of the standard being adjusted. The purpose statement is found preceding the development standard in the relevant Zoning Code chapter.
Process for an adjustment review
An adjustment review is processed through a Type II procedure and results in an administrative (staff) decision.
Below is the process for a Type II Adjustment:
- Application Submittal and Completeness - Staff notifies the applicant of any missing information or materials within 14 days of submittal.
- Public Notice - Upon receipt of a complete application, a public notice is mailed to all property owners within 150 feet and to the recognized organizations within 400 feet of the site. Twenty-one days are allowed for public comment.
- Decision - This is made administratively by staff (no public hearing) typically within 28 days after the application is determined to be complete.
- Appeal - Appeals of the decision can be made to local hearings bodies, such as the Adjustment Committee or the Hearings Officer, depending on the land use review.
Approval criteria for an adjustment review
Apply for an adjustment review
Submit a land use review application form, fee, narrative addressing the approval criteria, and other materials listed in the land use review application checklist. Visit Land Use and Final Plat Applications for instructions on how to apply for a Land Use Review.
Complete this application form to apply:
Use this list to identify submittal requirements: