(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:
(5) Any design standards or guidelines that apply to a landmark or landmark district.
(c) Review Timing. An alternative equivalency review shall be made concurrently with a site plan review or a COA application, whichever is applicable. If the applicant is not required to submit for a site plan or COA approval, then the application for review shall be submitted to the Planning Commission for review in accordance with this section.
(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 1129.02: Common Review Requirements, and with the provisions of this section.
(2) Step 2 - Administrative Staff Review and Transmission to the Planning Commission.
A. Upon determination that an alternative equivalency review application is complete, the Director of Community Development shall distribute the application to all appropriate City departments and professional consultants for review and comment. Any comments or expert opinions shall be returned to the Director of Community Development for transmission to the Planning Commission.
B. The Director of Community Development shall distribute the application and any reports to the applicable board prior to the hearing where the application is to be reviewed.
(3) Step 3 - Planning Commission Review and Decision.
A. Within forty-five (45) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the Planning Commission shall review the application at a public hearing.
C. In reviewing the application, the Planning Commission shall, at a minimum, consider the reports and opinions transmitted by the Director of Community Development and the review criteria of this section.
D. The Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the Planning Commission 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 certificate of zoning approval, development plan, 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 the Comprehensive Plan 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 Planning Commission 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 certificate of zoning approval or COA, 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 Planning Commission 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. 2022-22. Passed 5-10-22.)