Administrative Adjustments and Minor Deviations in the City of Arlington
The City of Arlington allows for administrative adjustments to development standards through the "Substantial Compliance" rule and the "Alternative Equivalent Compliance" (AEC) procedure. Most numerical or dimensional criteria may be adjusted administratively by up to five percent, while design standards can be modified if an applicant demonstrates an original or innovative approach that meets or exceeds the code's intent.
Substantial Compliance and the Five Percent Rule
In the City of Arlington, the Zoning Administrator or other decision-making bodies may approve permits or plans that "substantially comply" with approved criteria [Section 10.3.8.C]. This administrative threshold is generally set at a five percent margin for numerical or dimensional standards.
A permit or plan is considered to be in substantial compliance if the proposed development does not exceed any dimensional or numerical criteria by more than five percent and does not significantly result in any of the following [Section 10.3.8.C.2]:
- Altering the basic relationship of the proposed development to adjacent property.
- Changing the permitted uses.
- Increasing the maximum density, floor area ratio, or height.
- Decreasing the amount of required off-street parking.
- Reducing the minimum yards required at the boundary of the site.
Substantial Compliance for Specific Procedures
The Zoning Administrator has the specific authority to approve minor changes and amendments to the following if they meet the substantial compliance standards:
- Planned Developments (PD): Amendments that do not increase density, height, or floor area, and do not reduce setbacks or change traffic patterns [Section 10.4.3.K].
- Specific Use Permits (SUP): Building permits or other authorizations that substantially comply with the original enacting ordinance [Section 10.4.6.H.1].
- Mixed-Use Development Plans: Amendments involving site layout or traffic circulation that do not materially alter the site [Section 10.4.5A.A.2.b].
Alternative Equivalent Compliance (AEC)
The Alternative Equivalent Compliance procedure allows the City of Arlington to approve designs that meet the intent of the Unified Development Code through flexible, high-quality alternatives [Section 10.4.22.A]. This process is intended for unique site conditions where a strict application of the code is less effective than an innovative alternative.
Scope of AEC Authority
AEC is only available for specific sections of the code, primarily related to design and landscaping. It cannot be used to waive standards entirely [Section 10.4.22.B].
| Subject Area | Permitted AEC Adjustments | Prohibited AEC Adjustments |
|---|---|---|
| Dimensional Standards | Can modify a lot standard by up to 50% for residential lots smaller than one acre. | Cannot modify general dimensional standards except as noted for small residential lots. |
| Land Use | N/A | Cannot authorize a land use not permitted in the underlying district. |
| Density | N/A | Cannot modify the established density of a zoning district. |
| Variances | N/A | Cannot grant a variance assigned to the Zoning Board of Adjustment. |
| Signs | Can adjust sign supports [Section 7.6.7] and spacing [Section 7.7.5]. | Cannot authorize a sign type prohibited by the district or street type. |
Criteria for AEC Approval
To grant an AEC request, the City of Arlington Zoning Administrator must find that the alternative design is original, innovative, or exceptional and achieves the intent of the subject standard to the same or better degree than the default code [Section 10.4.22.F].
Specific Administrative Adjustments
Outside of the general AEC and substantial compliance rules, the City of Arlington Unified Development Code grants the Zoning Administrator authority to make several specific minor adjustments.
Residential Standards
- Gross Living Area Reduction: In the RE, RS-20, RS-15, RS-7.2, and RS-5 districts, the Zoning Administrator may reduce the minimum gross living area to 1,000 square feet if it is consistent with the surrounding neighborhood [Section 4.1.3.B].
- Small-Lot Setback Context: For infill residential development, the Zoning Administrator may allow a "contextual front setback" based on the prevailing pattern of the existing block [Section 5.5.2.A.2].
Landscaping and Parking
- Tree Preservation Parking Credit: To preserve a protected tree on-site, the Zoning Administrator may authorize up to a five percent reduction in the required number of parking spaces or a five percent reduction in parking space size [Section 5.2.2.E.2.d].
- Landscape Encroachments: The Zoning Administrator may authorize encroachments into the perimeter landscape setback or reductions in structures' planting areas where unique property characteristics exist [Section 5.2.2.B.3.c and 5.2.2.B.5.c].
- Deferred Parking: The Zoning Administrator may approve requests to defer the construction of up to 20 percent of required off-street parking spaces [Section 5.4.8].
Signage
- Minor Plan Amendments: For an approved Alternate Sign Plan, the Zoning Administrator may approve minor amendments that do not increase the overall sign structure or sign face area [Section 10.4.23.I.3].
Sections Cited
- Section 4.1.3, Gross Living Area
- Section 5.2.2, Landscaping Required
- Section 5.4.8, Deferred Parking
- Section 5.5.2, General Standards for All Residential Development
- Section 7.6.7, Sign Supports
- Section 7.7.5, Spacing
- Section 9.6.1, Powers and Duties (Zoning Administrator)
- Section 10.3.8, Criteria (General Procedures)
- Section 10.4.3, Planned Developments
- Section 10.4.5A, Mixed-Use Development Plans
- Section 10.4.6, Specific Use Permits (SUP)
- Section 10.4.22, Alternative Equivalent Compliance
- Section 10.4.23, Alternate Sign Plan