(a) Purpose. The alternative equivalency review is a procedure that allows applicants to propose a unique design option 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. An alternative equivalency review approval 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 equivalency review procedure shall be available only for the following sections of this code:
(6) Any design standards or guidelines that apply to a historic district.
(c) Review Timing and Review Board.
(1) An alternative equivalency review that is related to a COA application shall be reviewed by the HRC and made concurrently with a COA application with notice for the public hearing as set forth in this section.
(2) An alternative equivalency review that is not related to a COA application shall be reviewed by the MPC in accordance with the procedure below.
(d) Alternative Equivalency Review Procedure. The review procedure for any alternative equivalency review application shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - Administrative Staff Review and Transmission to the MPC or HRC.
A. Upon determination that an alternative equivalency review application is complete, the ZEO shall forward the application to the MPC or HRC, as applicable, and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the meeting and comments from any City departments or other agencies into a report for the MPC or HRC, as applicable to review as part of Step 4.
(3) Step 3 - MPC or HRC Review and Decision.
A. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the MPC or HRC, as applicable, shall review the application at a public hearing.
C. In reviewing the application, the MPC or HRC, as applicable shall, at a minimum, consider the reports and opinions transmitted by the ZEO and the review criteria of this section.
D. The MPC or HRC, as applicable, shall make a decision on the application. In making its decision, the MPC or HRC, as applicable, may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the MPC or HRC, as applicable, fails to act within thirty (30) days after close of the public hearing, or an extended period as may be agreed upon by the applicable board, and applicant, then the application shall be considered denied.
F. If approved, any zoning permit, COA, or other related applications shall demonstrate compliance with the alternative equivalency review approval.
(e) Review Criteria. Decisions on an alternative equivalency 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 any adopted plans to the same or better degree than the subject standard;
(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 MPC or HRC, as applicable, may impose conditions on an approval for an alternative equivalency review, provided such conditions are related to ensuring the performance of the alternative equivalency review to meet or exceed the subject standard. Such conditions may include required timeframes, amendments or revisions to the proposal, or the ability to revoke an approval for an alternative equivalency review.
(g) Decisions. Any decision on an alternative equivalency 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 equivalency review application shall expire if the zoning permit or COA approval, as applicable, expires.
(2) Upon expiration of an alternative equivalency 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 MPC or HRC, as applicable, shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)