A. Purpose
This section is established to provide an administrative process by which specific
and dimensional standards of the
may be modified under certain criteria applicable to a
within a
. A Design Development Option (DDO) is intended to encourage the following:
1. Flexible design solutions that are within the intent of the regulation, encourage efficient use of land, do not create a
on
property, and address situations where strict application of a requirement may not be practical;
2. Energy conservation through
and
design;
3. Innovation in
planning and architectural design; and,
4. Enhancement of community aesthetics.
B. Applicability
The following dimensional, screening, and
standards may be considered for modification under this Section:
1.
;
2.
of accessory walls and fences when the wall and fence heights do not exceed two feet above the maximum height permitted;
3.
and screening standards when the modification does not decrease the required area in square footage of
or
of a screening feature; and,
4. Structural
and parking space length requirements for
only in single-
and duplex
.
C. PDSD Review and Decision
2. For
and screening modification requests as provided in Section 3.11.1.B.3 above, the Design Review Board shall review the request and make a recommendation prior to a decision by the PDSD
.
3. Only one application is required when more than one DDO is being requested and may be processed concurrently in accordance with the most restrictive applicable procedure. For example, applications requesting a modification to the
and
standards shall go to the Design Review Board for a recommendation prior to a decision by the PDSD
.
D. Findings for Approval
1. General Findings for All Modification Requests
For all modification requests, the PDSD
may approve a DDO request only if the request meets all of the following findings:
a. Is not a request previously denied as a variance;
b. Does not modify a conditional requirement or finding to determine whether the use should be allowed in the
;
c. Is not to a condition of approval for a rezoning or Special Exception
application;
d. Does not modify a requirement of an overlay
, such as, but not limited to, Scenic Corridor, Environmental Resource,
, or
Environs;
e. Does not result in deletion or waiver of a
requirement;
f. The modification applies to property that cannot be developed in conformity with the provisions of this chapter due to physical circumstances or conditions of the property, such as irregular shape, narrowness of
, exceptional topographic conditions, or location;
g. Does not create a situation where proposed
substantially reduces the amount of privacy that would be enjoyed by nearby residents any more than would be available if the
was built without the modification;
h. Does not create a situation where proposed
will block visibility within the required visibility triangle on
for either vehicular or pedestrian traffic;
i. Does not create a situation where the proposed
will cause objectionable noise, odors, trespass lighting, or similar adverse impacts
properties or
; and,
j. Does not create a situation where the
will result in an increase in the number of residential
or the square footage of nonresidential
greater than would occur if the
was built without the modification.
2. Specific Findings for
and Wall
Modification Requests
In addition to the findings in Section 3.11.1.D.1, the PDSD
shall find, in the case of
and wall
only, that the modification:
a. Does not create a situation where proposed
will obstruct significant views of dramatic land forms, unusual stands of vegetation, or parks from nearby properties substantially more than would occur if the
were built without the modification;
b. Provides design alternatives to better integrate the
into the design character of the immediate neighborhood;
c. Does not apply to a
requirement of a Flexible Lot Development (FLD);
d. Does not create a situation where the proposed
will interfere with the optimum air temperature or solar radiation orientation of
on
properties substantially more than would occur if the
or
were built without the modification; and,
e. Does not create a situation where the proposed use of the property will impose objectionable noise levels on
properties greater than would occur if the
or
were built without the modifications.
f. The modification is not for an increase in height of more than two feet to an accessory wall or fence, except that an increase of up to four feet may be considered for entry features on walls and fences.
3. Specific Finding for Screening Modification Requests
For screening modifications, in addition to the findings in Section 3.11.1.D.1, the PDSD
shall make a finding that the modification does not lower the
of a required screening device to a point where it does not accomplish its purpose.
E. Appeals
A
may appeal the PDSD
’s decision on DDO applications. Appeals are considered by the Board of Adjustment in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeal Procedure. Appeals must be filed within five of the effective date of the decision. The complete appeals material must be filed within 30 of the effective date of the decision. An appeal under this section shall be based upon an error in the ’s decision finding compliance or noncompliance with the applicable findings. The Board of Adjustment shall apply the applicable findings as provided in Section 3.11.1D, Findings for Approval, when rendering its decision.
F. Expiration of Approval
Any Design Development Option (DDO) approval granted by the Planning and Development Services Department (PDSD)
shall be null and void if building permits are not issued implementing the DDO or compliance with conditions of approval does not occur within 180 days from the date of approval. One extension of up to 180 days may be granted by the PDSD
for good cause.
(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11732, 2/19/2020))