§ 98-1071. Exceptions to additional development requirements.

Exceptions to the development requirements and standards specified in this article may be granted by the board of supervisors following a recommendation by the planning commission in accordance with the procedures set out in this section. The applicant for such exception shall provide the zoning administrator a letter stating their justification for the exception request to the standards of this article along with accompanying documentation including, but not limited to, proposed site design layout, architectural renderings, or signage plans. Upon receipt of all items deemed necessary by the zoning administrator, he shall prepare a staff report for the planning commission and board of supervisors for their review and consideration. Upon approval of an exception to the standards outlined in this article by the board of supervisors, the zoning administrator shall determine that that the approved development plan or plat is consistent with the board of supervisors' approval.

An exception may be granted if the board of supervisors make the following findings:

(a)

That the exception is reasonably necessary due to physical constraints of the site, such as size, shape, topography, soils, or arrangement of existing improvements, that prevent construction in accordance with applicable standards without compromising the intent of this article, and that the exception is the minimum departure from applicable standards necessary to provide relief;

(b)

That an exception would not unreasonably lower the level of service on affected roads;

(c)

That the design and location of proposed on-site improvements are compatible with existing developed sites contiguous with and near to the site of the proposed development;

(d)

That the granting of the exception will not substantially affect adversely the use of adjacent and neighboring property;

(e)

That the granting of the exception will avoid the unnecessary replacement of existing landscaping and other improvements on site, if applicable, and will not result in unsafe circulation patterns on site; and

(f)

That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the county.

(Ord. No. O-07-15, 7-6-2015)

(Ord. No. O-07-15, 7-6-2015)