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A. 

1. Upon a proper application for an exception to the floor area requirements stated in this Chapter, the Planning Commission may grant an exception to the floor area requirements if, based on materials submitted by the applicant for design review as set forth in Title 20, each and every one of the following findings has been found to be true

a. That primary views from adjacent properties, as well as from the street, are not significantly impaired by the additional square footage;

b. That there are unusual characteristics applicable to the parcel which minimize the impact of a greater floor area;

c. That the proposed structure(s) are appropriate in mass, bulk, and character for the parcel, the neighborhood, and the zoning district, and meet(s) all design review criteria;

d. That the additional square footage will not substantially reduce the privacy otherwise available to residents of adjoining properties.

The above findings, and the specific additional square footage to be allowed in excess of the floor area requirements by grant of an exception under this Section, shall be determined by the Planning Commission according to the design review criteria set forth in Title 20 of this Code. If any one of the above findings has not been found to be true, the Planning Commission shall not grant an exception to the floor area requirements stated in this Section. Notwithstanding anything in the foregoing to the contrary, design review approval shall be required for the application prior to the grant of an exception under this Section, and any such grant of design review approval shall be made conditional upon the subsequent approval of the exception to the floor area requirements.

2. In determining to grant an application for a floor area exception under this Section, the Planning Commission shall also be guided by the following guidelines:

a. A floor area exception is generally disfavored where the application proposed to create a new or expand an existing nonconformity on the property. For purposes of this Section, floor area in the existing structure that is in excess of the requirements of this Chapter shall not be considered to be an “existing nonconformity” on the property, and the grant of a floor area exception hereunder shall not be deemed to create a “new nonconformity.” Additionally, for purposes of this Section, where an applicant proposes to construct new and additional parking spaces, construction of parking structures or spaces within a setback shall not be deemed to create a nonconformity;

b. A floor area exception is generally disfavored where the proposed new construction is a continuation, expansion, or subsequent phase of a project for which one or more variances were granted, which project was completed within two years prior to the floor area exception application.

B. A person seeking to remodel or alter an existing structure which exceeds the maximum permitted floor area for the zone shall not be required to obtain a floor area ratio exception unless the alteration or remodel will result in a net increase in floor area on the lot. Notwithstanding the foregoing, if the proposed alteration is so extensive as to be deemed a demolition under this Title, the applicant shall be required to comply with all applicable zoning and design review standards. (Ord. 2000-2 § 1, 2000; Ord. 98-2 § 5, 1998; Ord. 95-8 § 1, 1995; Ord. 92-8 § 22, 1992; Ord. 91-2 § 4, 1991; Ord. 89-1 § 1, 1989.)