Compliance with these standards shall be ordered in a reasonable manner by the Commission. Where compliance with one or more elements is claimed to be difficult, cost-prohibitive or otherwise impossible, the burden of proving such with credible evidence lies with the applicant. If such evidence exists, the Commission shall consider whether the element which is being avoided is substantial to the fulfillment of the purposes of this chapter; whether the essential character of the surrounding neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the elimination or partial compliance with the element; and whether the applicant purchased the property with knowledge of the restrictions and considerations contained in this chapter. In balancing these considerations, the Commission may decide to lessen some requirements of these design standards, including height, lot and area regulations, in exchange for enhanced compliance with other design standards. Under certain extreme circumstances, which shall rarely if ever present themselves to the Commission, the Commission may waive compliance with some design standards in their entirety.
(Ord. 1999-03, passed 3- -1999; Ord. 2013-04, passed 2-4-2013)