Chapter 6

6.601 Purpose and Limitations.

The reviewing authority for an application may grant a modification to certain dimensional and design requirements of this Ordinance as specifically identified throughout this Ordinance. The modification process is applicable only to certain development standards that regulate aesthetic qualities of development, and is permitted based on the recognition that aesthetic regulation must necessarily establish rules and standards that may, from time to time, be altered without negatively impacting the overall aesthetic quality of development in the City.

The modification process is intended as a way to provide design flexibility, and is not intended as a way to reduce or lessen the quality and aesthetic interest of development in the City.

Modifications are separate and distinct from dimensional variances in that they are limited in their bounds and are intended to permit reasonable use of property where the strict application of design and aesthetic standards would not further the public purpose, and where a relaxed or alternate standard will still meet the intent and purpose of this Ordinance.

Whenever a standard may be altered through the modification process, specific bounds within which the standard may be altered are listed. If an alteration to a design or aesthetic standard is requested that is greater than the identified bounds, the applicant must apply for a variance following the procedures and review standards in Article 6, Chapter 4.

6.602 Application and Review Procedures.

The applicant shall clearly identify all requested modifications on the application and site plan. The reviewing authority shall evaluate the requested modifications and approve, approve with conditions, or deny the modification request. In evaluating a modification request, the reviewing authority shall take into account the following considerations:

A.    Approval of the modification will not result in development that is incompatible with, or will negatively impact existing or potential future development in the vicinity of the subject property.

B.    The requested modification is consistent with the intent and purpose of this Ordinance.

C.    The modification will result in a superior development when compared with what could be achieved through a strict application of the design and aesthetic requirements of this Ordinance.

D.    A lesser modification will not accomplish the same purpose as the requested modification.