(a) Council may approve a waiver/variance to a Municipal ordinance if no alternative method is available to achieve the objectives of the PRD; and the waiver/variance result is equivalent to or greater than the minimum regulation or standard.
(b) The Municipal Standards and Specifications shall apply to the PRD development and shall not be varied. The terms and conditions of approval of a the PRD shall be stated in the ordinance approving the PRD. The ordinance shall supplement Municipal ordinances, standards and specifications during the development of the PRD..
(c) The developer shall provide a performance guarantee in an amount determined by the Community Development Administrator and Municipal Engineer. See Section 1151.91 (Performance Guarantees).
(d) After adoption of the ordinance approving the PRD rezoning by Council, the Planning Commission may grant waiver/variances with terms and conditions of approval that meet all of the following criteria:
(1) The application is for an area waiver/variance relating to an individual residential building site (including principal or accessory structures) except that a waiver/variance of the lot area, lot width or maximum height of buildings approved in the PRD concept development plan ordinance shall not be approved.
(2) The application for waiver/variance does not require a change in the permitted uses, an increase in the number of dwelling units, or increase in the approved size of nonresidential buildings approved by ordinance.
(3) Application for waiver/variance which, if granted, will not be contrary to other provisions of the PRD ordinance.
(e) If the application for a waiver/variance does not meet the criteria set forth herein, the application shall be considered by Council. The applicant may appeal the Planning Commission's decision regarding waiver/variances to Council, in accordance with the requirements of Chapter 1119, Appeals and Waiver/variances.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)