A special exception may be granted to waive or modify certain provisions of section 14-2C-6, 14-2C-7, 14-2C-8, or 14-2C-9 of this article through the commercial reuse or historic preservation exceptions in accordance with section 14-2C-11, “Special Provisions.” A minor modification to adjust specific provisions of section 14-2C-6, 14-2C-7, 14-2C-8, or 14-2C-9 of this article, may be requested in either of the qualifying situations listed below. Such requests will be reviewed by the design review committee, the director of planning and community development, and the building official according to the procedures for minor modifications as set forth in chapter 8, article B of this title and must meet the following approval criteria. The following approval criteria are to be applied in lieu of the general approval criteria listed in section 14-4B-1, “Minor Modifications”, of this title:
A. Qualifying Situation: The configuration of the lot or other existing physical condition of the lot makes the application of a specific standard impractical. In such a case, the applicant must demonstrate that the following approval criteria are met:
1. The applicant must provide evidence that the configuration of the lot, the topography, or other physical characteristic of the property makes the application of a specific standard impractical. Examples of situations that may qualify include double fronting lots, triangular shaped lots, and steeply sloping lots.
2. The applicant must demonstrate that the proposed alternative design is not contrary to the intent of the site development standards.
3. The applicant must propose an alternative site or building design that best meets the intent of the specific standard being modified.
4. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located.
5. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property.
6. The requested modification complies with other applicable statutes, ordinances, laws and regulations.
B. Qualifying Situation: The proposed site or building is uniquely designed to fit the site and the surrounding area. In such a situation, the applicant must demonstrate that the following approval criteria are met:
1. The applicant proposes an alternative design solution that equally or better meets the intent of the specific standard being modified.
2. The proposed site or building design is uniquely designed to fit the characteristics of the site and the surrounding area such that it equally or better meets the purpose of the site development standards.
3. The requested modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zone in which the property is located.
4. The requested modification does not allow a use or activity not otherwise expressly authorized by the regulations governing the subject property.
5. The requested modification complies with other applicable statutes, ordinances, laws and regulations. (Ord. 06-4220, 7-18-2006)