§ 16.28.060  EXCEPTIONS FROM DISTRICT REGULATIONS.
   A.    A planned development is subject to the underlying district regulations unless an exception to the district regulations is granted as part of the planned development approval. Exceptions from district regulations may be granted if such exceptions meet the following standards.
      1.   The proposed exceptions, is consistent with the 2030 Comprehensive Plan, and the character and nature of existing and future development in the vicinity of the proposed planned development.
      2.   For use exceptions, the additional uses allowed are aligned with the intent of the planned development, compatible with uses existing or anticipated to occur upon the adjacent sites, and properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.
      3.   The exceptions allow the planned development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards.
      4.   The exceptions allow the planned development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable development techniques and green architecture, adaptive reuse of existing structures, and cluster development.
      5.   The proposed exceptions, will not adversely affect the future development of adjacent undeveloped areas.
      6.   The proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards, and other dangers.
      7.   The proposed exceptions will not adversely affect surface and ground water quality or quantity.
      8.   The planned development provides a public benefit to the County, as described in § 16.28.060B.
   B.   Exceptions to district regulations may be granted when such modifications do not negatively impact surrounding property or the provision of municipal services. To be granted an exception to district regulations within a planned development, the applicant shall demonstrate a substantial benefit to the County. The following amenities are provided as a guide for consideration as to whether to grant an exception to district requirements and are not an exclusive list of requirements. Additional design characteristics and public benefits and amenities not listed below may be considered as part of the approval process.
      1.   Enhanced design characteristics including, but not limited to, mixed-use development, low-impact development, sustainable development, and green architecture.
      2.    Community amenities including, but not limited to, outdoor seating, public art, pedestrian and transit facilities, plazas, and community gardens.
      3.   Preservation of natural areas, sensitive aquifer recharge areas, and natural drainage ways.
      4.   Historic preservation.
      5.   Adaptive reuse.
      6.   Additional active open space and recreational amenities including, but not limited to, recreational open space and playgrounds, dog parks, and natural water features and conservation areas.
      7.   Additional public infrastructure improvements in addition to the minimum required, included, but not limited to, new or repaved streets, provision of bicycle paths, installation of drainage improvements, and traffic control devices to improve traffic flow.
      8.   Affordable housing, senior housing, or accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.6; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)