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Hyde Park City Zoning Code

§ 108-23.6

Waiver.

A. 
The Planning Board, in its discretion, may waive the scale requirements set forth in § 108-5.15, Schedule of Bulk Regulations, provided the applicant demonstrates to the Planning Board's satisfaction that the following conditions are met:
(1) 
The waiver may be applied only to lots that are four acres and larger;
(2) 
The proposed use will not have a significant negative visual impact on the neighborhood;
(3) 
The proposed use will not produce an undesirable change in the character of the neighborhood;
(4) 
The proposed use will not be a substantial detriment to nearby properties;
(5) 
The proposed use will not have a large, adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(6) 
The maximum number of extended care facility resident rooms or units shall not exceed 200.
B. 
Conditions. In issuing a waiver, the Planning Board shall impose conditions where necessary to ensure the above standards in § 108-23.6A are met, including but not limited to:
(1) 
Increasing building setbacks to an adjoining lot;
(2) 
Reducing the building height;
(3) 
Imposing greater screening and buffering requirements; and
(4) 
Such other conditions necessary to ensure the waiver does not cause an adverse impact on adjoiners.