§ 65.310. Specific Standards.

No modification shall be granted unless the applicant clearly shows the existence of the following circumstances:

Superior Alternatives. Where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design.

Technical Impracticality. Where the strict application of the requirements would be technically impractical in terms of design or construction practices or existing site conditions. The degree of existing nonconforming conditions and the extent to which the proposed modification would lessen the nonconforming condition shall be specifically considered.

Adjacent Development Conditions. Whether the proposed modification is consistent with the positive design elements of the existing adjacent development. Positive design elements shall be those identified by the Urban Design Element of the Growth Management Plan and the Urban Design Elements of Chapter 62, Historic Preservation and Architectural Design.

Tree Protection Requirements. As specified in Chapter 60, Part 2.

Additional Consideration. In addition, the Zoning Official shall consider the following:

(a)

Principal Building Setbacks. Location and orientation of structures on adjacent properties and existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

(b)

Accessory Building Locational Standards. Location and orientation of structures on adjacent properties and existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

(c)

Fence Height. Fence type and design, especially openness of the design. Changes in site elevation and location adjacent to major thoroughfares shall also be considered.

(d)

Parking, Loading, and Driveways. Existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

(e)

Landscaping and Bufferyards. Existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

(f)

Certain Additions to Principal Buildings. Location and orientation of structures on adjacent properties and existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

Non-Substantial Modifications. Shall be permitted based upon existing development of the property, including the location of existing structures, vehicular use areas, and protected trees.

Air Conditioning Units. Shall be screened by landscaping material so as not to be visible from a public right-of-way.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 5-11-1998, Doc. #31215)