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§ 151.321 INTENT.
   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)
§ 151.322 ADJUSTMENTS.
   Adjustments are minor modifications to Code standards that are intended to provide reasonable flexibility for planned land uses and development. Adjustments are subject to the following standards and procedures. Permitted uses, as provided in this chapter, shall not be adjusted.
   (A)   Applicability. The City Planning Official or Planning Commission, through a Type II procedure, may adjust the following standards:
      (1)   Setbacks. Up to a 20% reduction to a minimum setback.
      (2)   Lot coverage. Up to a 20% increase to the maximum lot coverage.
      (3)   Lot dimensions. Up to a 20% decrease to a minimum lot dimension.
      (4)   Lot area. Up to a 20% decrease in minimum lot area.
      (5)   Other dimensional standards. Up to a 20% increase or decrease in a quantitative (numerical) standard not listed above. This option does not include building code requirements, engineering design standards, public safety standards, or standards implementing state or federal requirements, as determined by the City Planning Official.
   (B)   Approval criteria. The city may grant an Adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.
      (1)   The adjustment allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses;
      (2)   The adjustment is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;
      (3)   Approval of the adjustment does not create (a) violation(s) of any other adopted ordinance or code standard, and does not create the need for a variance;
      (4)   An application for an adjustment is limited to one lot per application;
      (5)   Requests for more than 1 adjustment on the same lot shall be consolidated in 1 application and reviewed concurrently by the city;
      (6)   Not more than 3 adjustments may be approved for 1 lot or parcel in a continuous 12-month period; and
      (7)   All applicable building code requirements and engineering design standards shall be met.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.323 VARIANCES.
   (A)   Applicability. A variance is required if a request exceeds the thresholds of § 151.322.
   (B)   Approval criteria. The Planning Commission through a Type III procedure may approve a variance upon finding that it meets all of the following criteria:
      (1)   The variance is necessary because the subject Code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance;
      (2)   The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
      (3)   The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant;
      (4)   The variance does not conflict with other applicable city policies or regulations;
      (5)   The variance will result in no foreseeable harm to adjacent property owners or the public; and
      (6)   All applicable Building Code requirements and engineering design standards shall be met.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.324 EXPIRATION.
   Approvals granted under this subchapter shall expire if not acted upon by the property owner within 1 year of the city approving the variance. Where the owner has applied for a building permit or final plat, has made site improvements consistent with an approved development plan (e.g., site design review or preliminary subdivision plan), or provides other evidence of working in good faith toward completing the project, the City Planning Official may extend an approval accordingly.
(Ord. 2021-08-02, passed 10-12-2021)
MASTER PLANNED DEVELOPMENTS
§ 151.335 PURPOSE.
   The purposes of this subchapter are to:
   (A)   Implement the Comprehensive Plan and by providing a means for master planning large development sites as an alternative to piecemeal subdivision development;
   (B)   Encourage innovative planning that results in projects that benefit the community, for example, through greater efficiency in land use, improved protection of open spaces, transportation efficiency, and housing choices;
   (C)   Encourage housing options for a range of household sizes, incomes, and lifestyles;
   (D)   Encourage mixed-use development and diversified employment opportunities;
   (E)   Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
   (F)   Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;
   (G)   Encourage energy efficiency and improved air and water quality;
   (H)   Implement public facility master plans; and
   (I)   Provide flexibility in development standards, consistent with the above purposes.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.336 APPLICABILITY.
   The master planned development designation may be applied over any of the city's zones on sites of 2 acres or more. It is an option available to developers of land.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.337 REVIEW AND APPROVALS PROCESS.
   Review steps. There are 3 required steps to master planned development approval, which may be completed individually or combined for concurrent review:
   (A)   Application for master planned development concept plan approval.
   (B)   Application for detailed development plan approval, which may include a preliminary subdivision plan.
   (C)   Application(s) for final development plan (e.g., final plat and/or site design review) approval per § 152.009 Final Plat and/or §§ 151.250 through 151.256 Site Design Review.
   (D)   Approval process.
   (E)   The master planned development concept plan shall be reviewed pursuant to the Type III procedure in § 151.233, the submission requirements in § 151.339, and the approval criteria in § 151.340.
   (F)   The detailed development plan and preliminary subdivision plan shall be reviewed using the Type III procedure in § 151.233 to ensure substantial compliance with the approved concept plan.
   (G)   Site design review applications for approved planned developments shall be reviewed using the procedures in §§ 151.250 through 151.256 to ensure substantial compliance with the approved concept plan.
   (H)   Steps (A) through (C), above, may be combined in any manner, so long as the decision-making sequence follows the above order. Notification and hearings may be combined.
(Ord. 2021-08-02, passed 10-12-2021)
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