The planning director and/or planning commission may modify any of the design standards identified in this chapter subject to the requirements of Chapter 21A.59, "Design Review", of this title. The applicant must demonstrate that the modification meets the intent for the specific design standards requested to be modified, the standards for design review and any adopted design guidelines that may apply.
A. The planning director may approve, approve with modifications, deny or refer to the planning commission modifications to specific design standards when proposed as new construction, an addition or modification to the exterior of an existing structure, or a modification to an existing structure as authorized in Section 21A.59.040, Table 21A.59.040 or when authorized in the specific zoning district.
1. The director shall approve a request to modify a design standard if the director finds that the proposal complies with the purpose of the individual zoning district, the purpose of the individual design standards that are applicable to the project, the proposed modification is compatible with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, and the project is compliant with the applicable design standards (Sections 21A.37.050 and 21A.37.060).
2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to:
a. Comply with the purpose of the base zoning district;
b. Comply with the purpose of the applicable design standards of the base zoning;
c. Achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street;
d. Achieve the applicable design review objectives; or
e. Encourage the reuse of existing buildings when a modification to a noncomplying building results in the building becoming closer to complying with a specific design standard.
3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply.
4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section.
B. For properties subject to the H Historic Preservation Overlay District, the historic landmark commission may modify any of the design standards in this chapter as part of the review of the standards in Section 21A.34.020 of this title. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)