A. General: This section establishes regulations governing the granting of requests for design exceptions to Downtown Districts Design Guidelines. These exception regulations are divided into two (2) categories:
1. Minor, staff-approved design exceptions, referred to as minor design exceptions; and
2. More significant design exceptions, which must be reviewed and approved by the planning board, are referred to as major design exceptions.
B. Intent: The design exception provisions of this section are intended to authorize the granting of relief from strict compliance with the regulations when specific site features or characteristics of the subject property, including the presence of existing buildings, create conditions that make strict compliance with applicable regulations impractical or undesirable. The exception provisions are also intended to recognize that alternative design solutions may result in equal or better implementation of the regulation’s intended purpose and consistency with the Growth Policy, and Downtown Design Plan.
C. Burden Of Proof Or Persuasion: The burden is on the applicant to demonstrate that the requested exception meets the criteria for approval or that the exception would equal or exceed the results of strict compliance with the subject regulation.
D. Applications: Requested exceptions must be noted on the required application and plan, and the application must include a written statement describing why the exception is necessary and all efforts to mitigate any adverse impacts resulting from a grant of the exception.
E. Minor Design Exceptions: During the site plan review process, the planning staff is authorized to approve the following as minor design exceptions based on consideration of the general intent statement of 10-6-19.B.
1. Design Standards.
2. Building Materials.
3. Build-to Zone. Increase or decrease any build-to-zone requirement by 25% or 2 foot, whichever is greater.
4. Primary Frontage Lot Line Coverage: Decrease the minimum primary frontage lot line coverage requirement by 15% or 3 feet, whichever is greater.
5. Building Setbacks: Decrease any setback by up to 15% or 1 foot, whichever is greater.
6. Height: Increase the minimum or maximum height for any story by up to 3 feet.
7. Occupied Space: Reduce the minimum depth of required occupied space by up to 15% or approve unoccupied space on up to 20% of the frontage.
8. Transparency: Reduce minimum transparency requirements by up to 15%.
9. Other measurements: Reduce or increase by up to 10% any minimum requirements of that are expressed as a dimension or distance.
F. Major Design Exceptions:
1. The planning board is authorized to approve requests for relief from strict compliance with the Downtown Design Guidelines of Chapter 2 that are not expressly authorized for processing as minor design exceptions and to hear and decide appeals of the planning staff’s decision on any minor design exception.
2. The planning board’s decision to approve or deny a request for a major design exception must be based on a determination of whether:
a. The requested design exception is consistent with the general intent statement 10-6-19.B;
(1) The requested design exception is consistent with the Growth Policy, the Downtown Design Plan, and any adopted area plan; and
(2) The requested design exception will not result in any adverse impacts on other properties in the area beyond those impacts ordinarily expected through the implementation of the regulation. (Ord. 2023-7, 7-17-2023)