A. New Development: Development requiring a site plan under section 16-12-3 of this title on a site that is vacant or substantially cleared real estate, and not in a special development area, shall comply with the site design standards set forth herein.
B. Redevelopment: Development requiring a site plan under section 16-12-3 of this title on a site with improved real estate, involving partial clearance of twenty five percent (25%) or more of the building area and/or expansion of twenty five percent (25%) or more of the building area existing at the time of adoption of this title, and not in a special development area, shall comply with the site design standards set forth herein.
C. Special Development Areas: Development requiring a site plan under section 16-12-3 of this title that is in one of the following special development areas may be subject to design standards or guidelines in addition to or in lieu of the site design standards set forth herein, as follows:
1. Urban Renewal Districts: These districts have planning and other criteria that may take precedence over the site design standards set forth herein.
2. Port Of Dubuque Design Standards: This area has design standards that may take precedence over the site design standards set forth herein.
3. Planned Unit Development (PUD) Districts: These districts may have site development and performance standards that may take precedence over the site design standards set forth herein.
4. Historic Districts: Historic districts, as regulated by chapter 10 of this title, have architectural guidelines that may take precedence over the site design standards set forth herein.
5. Old Town Neighborhood Overlay District: This overlay district has design guidelines that may take precedence over the site design standards set forth herein.
6. Architectural Guidelines: These guidelines apply to the downtown design guidelines area and historic millwork district in accordance with city policy, and may take precedence over the site design standards set forth herein.
D. Waiver From Site Design Standards: The zoning advisory commission shall have the power to grant such waivers from the site design standards of this chapter, as may be reasonable and within the general purpose and intent of the site plan review and approval provisions of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four (4) commissioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the commission may establish to ensure the general purpose and intent of the provisions of this chapter are followed. At the commission meeting, the applicant and all other interested parties shall be presented a reasonable opportunity to present their views. Decisions of the zoning advisory commission may be appealed to the zoning board of adjustment in the same manner as appeals from a decision of an administrative officer. (Ord. 52-09, 10-19-2009; amd. Ord. 7-11, 1-18-2011; Ord. 45-16, 9-19-2016; Ord. 11-21, 4-19-2021)