The purpose of this section is to provide the technical review committee with the authority to allow deviations from the minimum development standards for setbacks, lot area, and lot dimension as otherwise set forth in this land development ordinance provided that certain conditions exist. The intent of this section is to promote the orderly and efficient development and redevelopment of property within the Town of Jamestown.

Determination of the applicability of flexible development standards shall be made by the technical review committee (TRC) and, in applying these standards, the TRC may establish conditions to ensure that the circumstances which warranted the application of the flexible development standards are maintained. Decisions by the TRC shall be in writing and may be appealed to the board of adjustment by following the procedures for zoning appeals as provided in Article 6.

The cumulative total of any flexible development standard applied to a property by category or location shall not exceed the allowances set forth in this section. The TRC shall maintain appropriate records to ensure compliance with this provision. The following flexible development standards may be approved by the TRC:

14.3-1.

Setbacks. The TRC is authorized to approve requests that deviate from required setbacks set forth in Article 8 (Zoning) and Article 9 (Building and Lot Type) of this ordinance by up to ten percent of the required setbacks or 24 inches, whichever is greater, upon determination that one or more of the following conditions exists:

(A)

There are site or structural conditions that preclude strict adherence to the setback requirements, such as, but not limited to: the lot does not meet the dimensional standards established for the zoning district in which it is located; the lot has topographic limitations that require placement of the structure into the required setback area; or the structure is physically in line with an existing, legally-established wall or walls of a principal structure already within the minimum setback area.

(B)

The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety code, flood hazard reduction, Americans with Disabilities Act standard, or other public safety code requirement(s).

(C)

The reduction of the front and/or corner side setback allows the structure to meet the average front and/or corner side setback of other existing structures in the applicable block face.

(D)

The placement of the proposed structure will allow for the preservation of significant existing vegetation.

14.3-2.

Lot Area and Lot Dimension. The TRC is authorized to approve requests to permit a reduction of up to ten percent in the minimum lot area or lot dimensional standards set forth in Article 8 (Zoning) and Article 9 (Building and Lot Type), upon finding that the reduced lot area and/or lot dimensions will not inhibit the reasonable use of the lot and that the reduced lot area and/or lot dimensions are in keeping with the historic pattern of development in the area.

14.3-3.

Building Coverage and Frontage. The TRC is authorized to approve requests to permit a reduction of up to ten percent in the building coverage and frontage standards set forth in Article 8 (Zoning) and Article 9 (Building and Lot Type) of this ordinance, upon finding that the reduced building coverage and/or frontage will not adversely impact the development pattern of the street which is the location of the property for which the adjustment is requested.

14.3-4.

Flexibility for Parking Standards. The presumptive standards set forth in the parking requirements table cannot cover every possible use or situation, nor can the table be considered exact. Therefore, the technical review committee (TRC) is given flexibility to administer this section as follows:

(A)

Parking space requirements for a use NOT identified in the table shall be based on a similar, listed use.

(B)

Deviations from the number of spaces required, up to ten percent, are permitted when the TRC can determine that the requirements for a particular situation are unreasonable. The applicant shall request a deviation in writing from the TRC and the reasons for allowing or denying the deviation from the requirements shall be noted in writing by the TRC and provided to the applicant. The TRC may require "equal or better performance" standards or other conditions as a part of the agreement to allow a deviation from the Ordinance requirements.

(C)

The TRC shall provide the planning board a copy of any ruling whereby Section 14.3-4, Flexibility standards, may apply at the planning board's next regularly scheduled meeting. The purpose of which is to keep planning board members abreast of any request for flexibility and, subsequently, the TRC's ruling on such requests.

No variances shall be allowed with regard to deviations from development standards that have been approved pursuant to this section of this ordinance nor shall any deviations from these development standards make void or otherwise modify any variance decision by the board of adjustment.