§ 26.08 APPLICATION TO EXISTING SITES AND MODIFICATION OF STANDARDS.
   A.    Modifications by . Given the variation in physical conditions along the corridor, modifications to the requirements herein may be permitted by the as part of the site plan review process, upon a finding that the following conditions apply:
      1.    Practical difficulties exist on the site that make compliance unreasonable (because of, for example limitations, topography, , drains or water bodies, woodlands that will be preserved, existing , existing non-conforming width, unique site configuration or shape), or existing off-site make it impractical to fully comply with the standards.
      2.    The use involves an improvement to an existing site or a new use that will not generate any more traffic than the previous use, or there is only one that is not being changed.
      3.   The proposed modification is consistent with the general intent of the preceding standards, the recommendations of the M-43/M-52 Plan, and MDOT guidelines, and both the and MDOT staffs support the proposed design.
      4.    If deemed necessary by the , a traffic study by a qualified traffic engineer may be required to verify that the proposed modifications will improve traffic operations and safety along M-43, and are not simply for the convenience of the .
      5.    Indirect or shared has been provided to the extent practical.
   B.    Temporary . The may require a temporary for a set period of time or until an adjacent site develops allowing for shared in accordance with this ordinance. The may require that a be provided to ensure the removal of the upon expiration of the temporary permit.
   C.    Appeals. The decision of the may be appealed to the . In consideration of this , the shall also apply the standards in this article in addition to the other criteria.
(Ord. passed 7-9-2013)