(A) The Plan Commission may, by conditional use approval and after a public hearing, permit the modification of the provisions of this subchapter, in order to encourage a well-planned cluster development. However, in terms of modifying any dimensional requirement (lot area, width, setbacks and the like), such modification may not be greater than 25%.
(B) Any conditional use to permit such a modification shall be subject to the following criteria:
(1) The design and modification shall be in harmony with the purposes and the land use standards contained in this subchapter;
(2) The design and modifications shall generally enhance the development plan, the central core area, the streetscapes and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this subchapter;
(3) The design and modifications shall not produce lots or streets systems that would be impractical or detract from the appearance of the district, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air;
(4) Increased residential density or intensification of nonresidential uses shall be offset by corresponding special efforts by the applicant to improve the appearance of the development through enhanced architectural and landscaping efforts; and
(5) The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the local unit of government perspective, and represent the minimum modification necessary.
(C) If the Plan Commission determines that the applicant has met his or her burden, it may grant a modification of the requirements of this article. In granting modifications, the Plan Commission may impose such conditions as will, in its judgment, secure the objectives and purposes of this article.
(Ord. 1999-4-19-1, passed 4-19-1999)