The Administrative Adjustment procedure allows an applicant to request minor deviations in numerical standards of up to ten percent, as well as adjustments from the minimum street connectivity index score requirements and large retail development design standards.
The Administrative Adjustment allows the City to apply some flexibility to the application of the standards in the UDO if the development can be accomplished in ways that further the goals of the comprehensive plan, maintains land use compatibility, and are consistent with the intent and goals of the UDO.
Administrative Adjustments are approved by the Planning and Code Enforcement Director upon a showing the proposed Administrative Adjustment complies with the standards in Section 30-2.C.16.e, Administrative Adjustment Standards, in the UDO. While the Administrative Adjustment does not require the demonstration of a hardship, as is required by a Variance, the Administrative Adjustment does require compliance with the Administrative Adjustment standards (see Section 30-2.C.16.e of the UDO)( http://online.encodeplus.com/regs/fayetteville-nc/doc-viewer.aspx#secid-9376).
An Administrative Adjustment application may be filed as a “stand-alone” application or with other applications, like a Site Plan. In these cases, the Administrative Adjustment shall be approved first.
- Failure to obtain a Building Permit or commence construction (when a Building Permit is not required) within six months of the approval renders the Administrative Adjustment invalid.
- In the event the Administrative Adjustment is associated with a development application other than a Building Permit (e.g., Site Plan, Subdivision Plan, etc.), then the expiration period for the Administrative Adjustment shall be the same as the other required permit or development approval expiration period.
- The Planning and Code Enforcement Director may approve a lesser modification than requested as part of the Administrative Adjustment application, or may apply conditions to an approval.
- Approval of an Administrative Adjustment application does not guarantee approval of any subsequent application for permit or development approval.