5.b) Administrative Deviations example ordOne-. Administration
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under the same ownership so that the combination of lots
will equal one or more parcels of land meeting the full
requirements of this Zoning Ordinance.
(3) A conforming lot shall not be reduced in size so that it
would become nonconforming in any aspect of this Zoning
Ordinance. A nonconforming parcel shall not be reduced in
size.
(4) Where a nonconforming lot of record contains a conforming
principal structure, said principal structure may be enlarged,
altered or expanded without a variance provided:
(A) The enlargement, alteration or expansion meets all
other standards of this Zoning Ordinance.
(B) Long term sewage disposal needs can be met.
SECTION 12. ADMINISTRATIVE DEVIATIONS
Purpose and Intent.
Administrative deviations may be granted to certain zoning
standards, provided they are consistent with the criteria of this
chapter.
General Criteria.
Administrative deviations may be granted provided the exception
is consistent with the following general criteria:
(1) The deviation shall be a minor action only necessary to
adjust or rectify an unusual situation or hardship specific to
the subject property.
(2) The deviation shall not create an unreasonable burden on
adjacent properties/owners.
(3) The deviation shall not conflict with other ordinances,
policies, regulations, and requirements.
(4) The deviation shall not be contrary to the public interest or
the intent and purpose of the Zoning Code and
Comprehensive Plan.
Allowed Exceptions.
The following deviations may be approved by the Zoning
Administrator, with notice to the Town Board:
(1) A single family lot located within the Township that
deviates from a minimum lot size requirement by five
Stillwater Township Zoning Ordinance
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percent (5%) or less, and only by up to one half acre, may
be considered to be in compliance for the purposes of the
Stillwater Township Zoning Ordinance.
Administrative Deviations Procedures.
An owner of land shall file an application for an administrative
deviation to the Zoning Administrator. The Zoning Administrator
shall review applications for administrative deviation and approve
the request if it is in conformance with the criteria listed in
sections 14.2 and 14.3. Approval shall be provided to the
applicant in writing. If the application does not meet the
requirements in sections 14.2 and 14.3, the Zoning Administrator
shall deny the request in writing, stating the reasons for the denial.
The Zoning Administrator shall inform the Board of each
approved or denied Administrative Deviation. An applicant may
appeal the decision of the Zoning Administrator to the Town
Board within thirty (30) days following the date of the decision. If
no appeal is made, the decision of the Zoning Administrator
becomes final thirty-five (35) days after the decision.
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