18.70.150 Height modification.
(1) Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the underlying zoning district, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a height modification to the zoning code height limit; provided the applicant demonstrates that the modification will meet the goals, policies, objectives, standards, and requirements of this chapter, this title, and the comprehensive plan, and demonstrates the following:
(a) The granting of the height modification will not be detrimental to public safety, health, or welfare, or injurious to other property, and will promote the public’s interest; and
(b) A particular and identifiable hardship exists or a specific circumstance warrants the granting of a modification. Factors to be considered in determining the existence of a hardship shall include, but not be limited to:
(i) Topography and other site features;
(ii) Availability of alternative site locations;
(iii) Geographic location of property; and
(iv) Size/magnitude of the project being evaluated and availability of collocation.
(2) In approving the height modification request, the Hearing Examiner may impose such conditions as he deems appropriate to substantially secure the goals, policies, objectives, standards, and requirements of this chapter, this title, and the comprehensive plan.
(3) A request for any such modification shall be submitted in writing by the applicant with the application for Hearing Examiner review. The applicant shall state fully the grounds for the modification and all of the facts relied upon by the applicant. (Ord. 03-19 § 3 (Exh. B); Ord. 09-12 § 1 (Exh. A))