§ 7.6.5. Administrative variances, administrative waivers: authority.

A.

The director of planning is hereby authorized to consider and grant or deny, pursuant to the procedures and standards contained in this division, an administrative variance or an administrative waiver from the following regulations and subject to the standard limitations:

1.

Reduce by variance any front, side or rear yard setback by an amount not to exceed ten (10) percent of the district requirement, but not including any transitional buffer zone or any setback which is a condition of zoning or special land use permit, pursuant to the standards specified in section 7.5.3.

2.

Reduce by variance the required spacing between buildings in districts where multiple buildings are authorized on a single lot in an amount not to exceed ten (10) percent of the requirement, pursuant to the standards specified in section 7.5.3.

3.

Reduce by variance the off-street parking or loading requirements imposed by this chapter in an amount not to exceed ten (10) percent of the district requirement, pursuant to the standards specified in section 7.5.4.

4.

Reduce by variance the off-street parking requirements imposed by this chapter for any lot which is located within one thousand (1,000) feet of the boundary of a MARTA Rapid Transit Station in an amount not to exceed twenty-five (25) percent of the district requirement, pursuant to the standards specified in section 7.5.4.

5.

Increase by variance the retaining wall height as set forth in article 5, division 4 by an amount not to exceed two (2) feet, but no such variance is allowed for property located in a historic district.

6.

Increase by variance the distancing requirements for retaining walls set forth in article 5, division 4 by an amount not to exceed two (2) feet.

7.

Increase by variance the elevation of residential thresholds as set forth in article 5, division 2 by two (2) feet.

8.

Reduce by variance, as follows, if necessary to allow reasonable use following a public road right-of-way donation or acquisition:

a.

To reduce required minimum lot size by up to fifty (50) percent only to maintain the pre-determined yield.

b.

To reduce required setbacks for a permitted or existing structure on a lot in the event of public road right-of-way donations or acquisition that would otherwise cause the lot to be non-conforming with respect to the minimum setback standards.

c.

To reduce the number of parking spaces for any existing or permitted structure below the minimum required parking spaces applicable to the use.

9.

Waive architectural building standards and designs provided in article 5, building form standards. The planning director shall notify the board of commissioners in writing within ten (10) days of granting said waiver.

10.

No administrative variance or waiver shall be authorized to delete, modify, or change in any manner any condition imposed by the board of commissioners or the zoning board of appeals.

( Ord. No. 15-06 , 8-25-2015)