§ 365. Modification of Standards.

365.1.   Applicability.

In connection with any development approval, the final approving authority of the development application may modify any of the following requirements in accordance with this section:

A.

Section 337, Installation of Required Improvements.

B.

Section 800.8, Lot Requirements.

C.

Section 800.9, Blocks.

D.

Section 805, Easements.

E.

Section 1000, Right-of-Way Standards.

F.

Section 1001, Street Standards.

G.

Open Space requirements per Tables 4-3 to 4-8.

H.

Section 800.10, Non-Residential Subdivisions.

I.

Section 1001.1.C.5, Ingress and Egress Easements.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

365.2.   Review Criteria.

No modification may be granted under this Code unless:

A.

The modification is consistent with the stated purpose and intent of this Code and with the comprehensive plan;

B.

The modification would not have an adverse impact on the public interest, or on adjacent property;

C.

The modification is not discriminatory. Similar situations in the general area and in past decisions under this Code shall be reviewed prior to a modification being granted;

D.

The modification will permit superior design, efficiency, and performance;

E.

If applicable, the modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic or archeological sites or public facilities, related to the development site;

F.

The strict application of the requirement would be technically impractical or effectively deprive the owner of all reasonable use of the land to be subdivided, due to it's unusual size, shape, topography, natural conditions, or location; provided, such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case. Also, the unusual conditions involved are not personal to, nor the result of actions of the developer or property owner which occurred after the effective date of this Code;

G.

The deferral of the installation of required improvements will allow for improved efficiency, performance, safety, or construction practices; provided, the development will provide an alternative adequate to achieve the purposes of the requirement, including security for the current construction cost, adjusted for inflation, of any required improvements which may be deferred; and

H.

The modification will not result in a negative impact on the public facilities, land use, traffic, or environment of the neighborhood and the general community.

365.3.   Approval of Modification.

The approving authority may approve, approve subject to conditions or deny the application. Reasonable conditions, and additional or alternative requirements, include, but are not limited to those relating to the provision of adequate security to assure compliance, the dedication or reservation of land, or the provision of funds in lieu of installation of improvements or dedication or reservation of land.

All modifications shall be duly noted in writing on the final plat or site plan documents as a public record of each specific modification granted.

365.4.   Modification of Standards for Development along Urban Corridors.

It is recognized that because of the individual unique characteristics or circumstances of any given development along the designated urban corridors, flexibility in the application of development requirements may be warranted in certain situations. Modifications from the standards provided in this Code may be requested by an applicant as part of the development review process. If an applicant requests multiple modifications, each modification shall be evaluated independently.

A.

Application. All requests for modifications shall be submitted in writing with the application for development review on forms provided by the County. The request shall be approved or denied during development plan review and, if granted, shall be noted on the final development plan.

B.

Administrative Modifications. The Department Director or designee shall have the authority to grant limited modifications, as set forth below, where it is determined that the proposed development meets the intent of the zoning district, the requested modification is the minimum necessary to allow reasonable development of the site and the requested modification is not injurious to the public health, safety and welfare. Administrative modifications are limited to ten (10) percent of the dimensional requirements established in the following sections:

1.

Section 401.3, Bulk and Dimensional Regulations.

2.

Section 401.4, Schedule of Area, Height, Bulk and Placement Regulations.

3.

Chapter 5, Standards for Accessory and Specific Uses and Structures.

4.

Chapter 7, Part I, Tree Protection, Landscaping, Buffers and Irrigation.

5.

Section 902, Urban Corridor Design Standards.

C.

Board Modifications. The following requests for modifications shall be heard by the Board at a quasi-judicial hearing in accordance with the public hearing and notice requirements of Section 312. In order to file an application for a modification, an application to rezone the site to Planned Development is not required. Modifications may be granted as part of another development order by the Board or may be granted by the adoption of a resolution.

1.

Modifications of more than ten (10) percent but no more than thirty (30) percent of a dimensional requirement listed in Section 365.4.B.

2.

Modifications of ten (10) or less which were previously denied administratively and appealed to the Board.

3.

Modifications to the non-dimensional requirements contained in Section 902.

D.

Hearing Officer Authority—Modifications. Requests for modifications exceeding thirty (30) percent of a dimensional requirement shall be considered variances to be heard by the Hearing Officer pursuant to Section 367.

E.

Prohibited Modifications. No modification shall be granted under this section for the following:

1.

Use of land.

2.

Development density which would exceed the maximum permitted in the future land use classification.

3.

Modifications to approved planned developments. See Section 342.4 for modifications to approved Planned Developments.

4.

A reduction in sidewalk width that would result in a sidewalk with less than 5 feet clear space.

5.

A reduction of a setback to less than 5 feet adjacent to a single family residential district.

F.

Review Criteria. A modification of standards may be granted by the approving authority if it finds that strict application of the requirements of this chapter is not warranted and that granting a modification will fulfill the intent of the LDC. The approving authority shall apply all the following criteria, when applicable, to determine if the applicant has justified a request for a modification:

1.

The request is within the parameters listed in subsections B and C above.

2.

The request is consistent with the Comprehensive Plan and generally consistent with the purpose of the LDC.

3.

The proposed modification will not have a material negative impact on adjacent uses, or the applicant proposes to mitigate the negative impact to be created by the modification.

4.

Compliance with the requirement is technically impractical or undesirable based on site conditions, or approval of the waiver will result in superior design.

G.

Additional Requirements.  

1.

The burden of presenting evidence sufficient to satisfy the applicable criteria set forth in this section, as well as the burden of persuasion on those issues, remains with the applicant seeking the modification.

2.

The applicant may propose conditions to ensure that the use of the property to which the modification applies will be reasonably compatible with the surrounding properties, including visual screening.

3.

As an exception to Section 107, Non-conformities, modifications may be granted even if nonconforming structures will be enlarged or altered as a result of the modification.

4.

A granted modification and any conditions attached to it shall be entered on the face of or attached to the development order or permit and development plan.

5.

A proposed change to an approved modification shall be added to the approved modification and considered in the aggregate. The total modification (approved modification plus proposed change) shall determine the approving authority per subsections B and C, above.

(Ord. No. 16-06 , § 3(Exh. A-2), 11-15-16)