In reviewing an application, the Planning Commission may find that a final site plan either adheres or is equivalent to the requirements in certain portions of this Zoning Code. The Planning Commission may make findings of equivalency with regard to the requirements in Chapter 1284, Off-Street Parking and Loading and Chapter 1296, Landscaping, Screening, and Open Space Regulations as well as the minimum green space requirements of this Zoning Code.
(a) The Planning Commission may consider elements of a final site plan to be equivalent to a requirement if:
(1) The proposed final site plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district, the applicable chapter, and the Zoning Code;
(2) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and,
(3) The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(b) It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied and that the public interest is served by the Planning Commission making a finding of equivalency.
(c) When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Commission may approve the proposed application, as if the application were in strict compliance with the standards and requirements in this Zoning Code.
(d) Approval under this section is not a variance. Instead, this section allows applicants to satisfy zoning requirements in ways not anticipated by the City.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)