§ 62-1154. Administrative waiver of lot size, width or depth requirements by zoning official.

(a)

Pursuant to section 62-1188(6), the owner of a lot, parcel or tract of land may request a waiver of minimum lot size, width or depth if the lot does not meet the minimum size, width or depth required by the zoning classification or is inconsistent with the residential density designation of the comprehensive plan and the owner cannot prove nonconforming status. Application for this waiver shall meet the following criteria:

(1)

The waiver shall not exceed ten percent of the required minimum lot size, width or depth as required in the specific zoning classification.

(2)

The waiver shall not, in the opinion of the zoning official, be inconsistent with the general lot sizes in the neighborhood or have an adverse affect on the neighborhood or general welfare of the area.

(b)

Applicants for the administrative waiver of lot requirements shall submit a letter to the zoning official setting forth the specific request and the need therefor. The letter shall have the following documents attached thereto:

(1)

A signed affidavit from all abutting property owners indicating no objection to the requested waiver of lot size, width or depth requirements.

(2)

Verification by certified survey of existing lot size and dimensions.

(c)

Failure of the applicant to obtain signatures of all abutting property owners shall require a public hearing before the board of adjustment for a variance. For the purposes of this section, the term "abutting" does not include lots that touch at only one point.

(d)

Denial of the request for an administrative waiver under the provisions of this section may be appealed to the board of adjustment under the provisions of section 62-214.

(Code 1979, § 14-20.59(C); Ord. No. 93-17, § 1, 6-22-93; Ord. No. 96-07, § 2, 3-5-96; Ord. No. 2002-01, § 3, 1-8-02)