(a) Council may approve a waiver to a Municipal ordinance when the applicant proposes an alternative that achieves the objectives of the PRD; and the waiver result is equivalent to or greater than compliance with the minimum regulation or standard.
(b) The terms and conditions of approval of the PRD shall be stated in the ordinance approving the PRD Overlay District rezoning. The ordinance shall supplement Municipal ordinances, standards and specifications during the development of the PRD.
(c) After adoption of the ordinance approving the PRD rezoning by Council, the Planning Commission may grant minor waivers with terms and conditions of approval that meet all of the following criteria for minor waivers:
(1) The application is for an area waiver relating to an individual residential building site (including principal or accessory structures) except that a waiver of the overall 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 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, if granted, will not be contrary to other provisions of the PRD ordinance.
(4) If the application for a minor waiver 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 to Council, in accordance with the requirements of Chapter 1119, Appeals and variances.
(Ord. 3273. Passed 5-9-24.)