As a unique zoning designation that holds great implications for targeted investment and well-planned development, no use in the TIZ overlay districts shall be permitted by a use variance granted by the Board of Zoning Appeals.
(a) An applicant seeking a variance shall submit a site plan, color elevations, and other drawings as requested or necessary to compare and contrast a code compliant development with the proposed non-compliant development. Such exhibits shall demonstrate, based upon a preponderance of evidence, that the standard for granting a variance has been met.
(b) To ensure the development of a safe and cohesive TIZ, the Board of Zoning Appeals shall have limited authority to grant variances from the following specific provisions of the Pedestrian/Urban Form Overlay District requirements.
(1) The Board of Zoning Appeals shall have no authority to grant a variance to eliminate the requirement for the first-story of a liner building. Where the Board of Zoning Appeals grants a variance to eliminate the requirement for a liner building above the first-story, all building facades above the first-story shall have architectural treatments that screen the view of parking from the ROW by the use of walls, glazing, decorative screens, durable plantings, or similar materials. Exposed structural spandrels are prohibited.
(2) The Board of Zoning Appeals may grant a variance above the maximum amount of parking spaces permitted, where the applicant has either shown a good faith effort to first utilize district parking, on-street parking and /or secure shared-use agreements with adjacent property owners or has agreed to make its parking lot available for shared parking with neighboring businesses. (Ord. 147-2018. Passed 7-2-18.)