The purpose of this section is to provide the Planning Administrator with limited authority in accordance with G.S. 160D-403(d) 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 both the orderly and efficient development and/or redevelopment of property within the Town of Pine Knoll Shores.

Determination of the applicability of flexible development standards shall be made by the Planning Administrator and, in applying these standards, the Planning Administrator may establish conditions to ensure that the circumstances which warranted the application of the flexible development standards are maintained. Decisions by the Planning Administrator 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 of this Ordinance. The Planning Administrator shall in every case have the discretion to decline to exercise the power to approve or deny modifications as provided for herein.

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 Planning Administrator shall maintain appropriate records to ensure compliance with this provision. The following flexible development standards may be approved by the Planning Administrator:

The Planning Administrator is authorized to approve requests that deviate from required setbacks set forth in Article 8 (Zoning Districts) of this Ordinance by up to ten percent (10%) 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:

(1)

The Lot of Record does not meet the dimensional standards established for the zoning district in which it is located;

(2)

The Lot of Record has topographic limitations that require placement of the structure into the required setback area; or

(3)

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.

The Planning Administrator is authorized to approve requests to permit a modification of up to ten percent (10%) in the minimum lot area or lot dimensional standards set forth in Article 8 (Zoning Districts, 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 existing pattern of development in the area.

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