(a) Purpose. Alternative equivalent review is a procedure that allows applicants to propose unique design options as an alternative to a development standard established in this code provided it meets or exceeds the intent of the design-related provisions of this code. It is not a variance, waiver or weakening of regulations; rather, this procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this code. Alternative equivalent compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.
(b) Applicability. The alternative equivalent review procedure shall be available only for the following sections of this code:
(1) Section 1208.04: Outdoor Lighting Standards;
(2) Chapter 1210: Architectural Standards;
(3) Chapter 1212: Historic Preservation;
(4) Chapter 1216: Landscaping and Buffering; and
(5) Chapter 1218: Parking, Access, and Mobility.
(c) Review authority.
(1) A request for alternative equivalent review related to standards in Chapter 1212: Historic Preservation shall be made concurrently with a COA application and decided by the Historic Commission.
(2) All other requests for alternative equivalent review shall be heard and decided by the Planning Commission.
(d) Alternative equivalent review procedure. The review procedure for any alternative equivalent review application shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with § 1226.02 and with the provisions of this section.
(2) Step 2 - Staff review and staff report.
A. Upon determination that an alternative equivalent review application is complete, the Development Code Administrator shall refer the application to the applicable commission.
B. Prior to the applicable commission's hearing for the alternative equivalent review application, the Development Code Administrator shall review the application and prepare a staff report.
(3) Step 3 - Commission review and decision.
A. The applicable commission shall consider the alternative equivalent review at its next regularly scheduled meeting or at a special meeting after the application is determined to be complete, subject to the submittal deadlines established by the Development Code Administrator.
B. If the alternative equivalent review application is related to other applications such as a COA, conditional use, planned development, or other application subject to review by the same commission, both reviews may take place simultaneously.
C. In reviewing the application, the applicable commission shall at a minimum, consider the staff report from the Development Code Administrator and the review criteria of this section.
E. The applicable commission shall make a decision on the application. In making its decision, the applicable commission may approve, approve with modifications or supplementary conditions, or deny the application.
F. If approved, any certificate of zoning compliance or other related applications shall demonstrate compliance with the alternative equivalent review approval.
(e) Review criteria. Decisions on an alternative equivalent review application shall be based on consideration of the following criteria:
(1) That the proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;
(2) That the proposed alternative achieves the goals and policies of the master plan;
(3) That the proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and
(4) That the proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this code.
(f) Conditions. The applicable review board may impose conditions on an approval for alternative equivalent review provided such conditions are related to ensuring the performance of the alternative equivalent review to meet or exceed the subject standard. Such conditions may include financial guarantees, required timeframes, amendments or revisions to the proposal, or the ability to revoke an approval for alternative equivalent review.
(g) Decisions. Any decision on an alternative equivalent review application shall not be binding on the City related to future applications requesting an alternative to any of the applicable standards. Each case shall be reviewed and decided upon based on the individual circumstances.
(h) Time limit.
(1) An approval of an alternative equivalent review application shall expire if the certificate of zoning compliance or COA to which it applies expires.
(2) Upon expiration of an alternative equivalent review approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or the Historic Commission shall have the right to appeal the decision to the BZA as established in § 1226.13.
(Ord. O2018-02, passed 2-20-2018)