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(A) Amendments that affect transportation facilities. Amendments to the Comprehensive Plan and Zoning Code which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Banks Transportation System Plan. This shall be accomplished by one of the following:
(1) Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility;
(2) Amending the TSP or Comprehensive Plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period;
(3) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation;
(4) Amending the planned function, capacity or performance standards of the transportation facility; or
(5) Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
(B) Exceptions. Amendments to the Comprehensive Plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the Transportation System Plan may be approved when all of the following criteria are met:
(1) The amendment does not include property located in an interchange area, as defined under applicable law;
(2) The currently planned facilities, improvements or services are not adequate to achieve the standard;
(3) Development resulting from the amendment will, at a minimum, mitigates the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and
(4) The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility.
(Ord. 2021-08-02, passed 10-12-2021)
No application of a property owner for an amendment to the text of this chapter or to a zone boundary shall be considered by the City Council within the 1-year period immediately following a previous denial of the request, except the City Council may permit a new application if in the opinion of the City Council new evidence or a change of circumstances warrant it.
(Ord. 2021-08-02, passed 10-12-2021)
ADJUSTMENTS AND VARIANCES
Adjustments are variances that are intended to provide relief from code standards in specific situations. Both procedures are intended to ensure that the resulting development is compatible with adjacent properties and is consistent with the intent of the Code.
(A) Adjustments. Adjustments provide relief from specific code provisions when a code provision has the unintended effect of preventing reasonable development in conformance with all other code requirements. Adjustments are allowed in limited situations pursuant to § 151.322.
(B) Variances. Variances provide greater flexibility to code standards than adjustments, where the physical characteristics of a site or its surroundings prevent reasonable development in compliance with a code standard.
(Ord. 2021-08-02, passed 10-12-2021)
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