§ 84-74.1206. Standards of consideration at hearing.

(a)

To ensure the development will promote the values articulated in Section 84-74.204 and promote the general welfare, public health and safety of the community, the zoning administrator shall evaluate siting, size, bulk, building envelope, height, setbacks, relative scale, off-street parking spaces, window placement, artificial lighting, and location of mechanical devices, such as motors, fans and vents. These features of the development shall be evaluated on the basis of their impacts on the neighboring properties, with regard to view protection, obstructions, privacy in living areas, parking, light and solar access, maintaining residential noise levels, and compatibility with the neighborhood with regard to bulk and scale.

(b)

In reaching a decision, the zoning administrator shall apply a standard that balances the following factors: (1) recognizing the rights of property owners to improve the value and enjoyment of their property; (2) recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; (3) minimizing impacts upon surrounding neighbors; (4) protecting the value and enjoyment of the neighbors' property; (5) maintaining the community's property values; (6) maximizing the use of existing interior space; and (7) promoting the general welfare, public health, and safety. Balancing of these factors will not result in the prohibition of development that is compatible with the neighborhood with regard to bulk and scale on parcels that have not been developed.

(c)

To assess solar access impacts, when appropriate, the community development director may require the applicant to provide sun shadow analyses showing the impact of the proposed development on neighboring properties. The review process shall evaluate the impacts in accordance with the purpose and intent of this chapter as set forth in Section 84-74.204(a). The zoning administrator may condition approval of the development by requiring mitigation through design and siting.

(Ord. 2004-46 § 2).