§ 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)