Criteria and Authority to Permit Divergence
The CPAB may recommend and the DAS Director may permit a divergence from the provisions contained in the Design Standards contained in the adopted Area Plan if:
The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; or
The proposed alternative achieves the purposes of the Design Standards contained in the Area Plan as well or better than a compliant alternative.
Permitting a divergence will not, under the circumstances of the particular case, create material adverse aesthetic, function, or health and welfare effects on neighboring owners or others coming to or passing by the Property.
Each divergence request shall be considered solely on its own merits; permitting of a divergence in one situation shall not change the Design Standards contained in the Area Plan or compel the DAS Director to permit any further divergence.