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(a) The following are exempt from TMC 18.275.020:

(1) Any construction, building expansion, or remodeling that, pursuant to Section 105.2 of TMC 14.20.060, is exempt from the requirement of a building permit.

(2) The Planning Director may exempt building design standards if:

(i) The applicant demonstrates that strict application of the design standards results in undue hardship due to one or more of the following factors:

(A) The function, size, or use of building renders compliance impractical or economically infeasible; or

(B) The building, expansion, or remodel is not visible from the public right-of-way; or

(C) The design requirement is inconsistent with the overall context of the area, taking into consideration current conditions and comprehensive planning policies for future development.

(ii) The strict application of the design standards would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the property owner; provided there is no substantial detriment to the public welfare and the purpose and intent of the standards are not substantially impaired.

(b) The Planning Director may approve an alternate building design under the following circumstances:

(1) If the design fails to meet one of the requirements for building materials, architectural details, or windows/doors in TMC 18.275.050, the applicant shall utilize at least one of the elements in subsection (c) of this section.

(2) If the design fails to meet two of the requirements for building materials, architectural details, or window/doors in TMC 18.275.050, the applicant shall utilize at least two of the elements in subsection (c) of this section.

(3) If the design fails to meet all three of the requirements in TMC 18.275.050, the alternate building design elements in subsection (c) of this section cannot be utilized as an alternative building design.

(c) Elements that may be utilized in lieu of compliance with the design standards in subsection (b) of this section include:

(1) Excess landscaping (at least 25 percent more points accrued than required) concentrated along public rights-of-way;

(2) Additional parking lot islands (with trees) beyond what is required by the landscaping regulations sufficient to cover at least 25 percent of the parking area;

(3) Landscape screening of blank or underdesigned walls;

(4) Addition of a front or street-facing storefront with an entryway, terrace, outdoor patio, or similar feature with architectural materials and scale that are compatible with the building, and a minimum width of eight feet and minimum height of 10 feet;

(5) Addition of integrated planters, landscaping features, or wing wall compatible in design and scale to the building;

(6) Addition of art that is placed prominently on the site, viewable from the public street, integrated with the design of the building/site, and permanent. Art includes, but is not limited to, murals, sculptures, and integrated architectural or landscape architectural work;

(7) Parking located to the side or rear of the building, with at least 50 percent of the lot frontage occupied by building facades with a public entryway;

(8) Bringing existing signs on the property into compliance with current sign code standards, or at a minimum removing or replacing an existing pole sign with a monument sign;

(9) A minimum of 20 percent higher percentage of required windows/doors; or

(10) Additional required architectural details (at least one additional detail per insufficiently met design standard). (Ord. 20165 § 3, 1-8-19.)