1267.03 URBAN VILLAGE DISTRICT REVIEW PROCESS.
   (a)   Urban Village District Excluding Village Center. Zoning decisions for all land within the designated UVD except for the land in the Village Center shall be subject to the following review process:
      (1)   Each site development or zoning request shall be subject to Planning Commission review under Chapter 1284, "Site Plan Review" for compliance with this chapter. Written confirmation by staff to the Planning Commission that a proposed site development is substantially in compliance with this chapter shall be a mandatory prerequisite for site plan approval by the Planning Commission.
      (2)   In its review of a proposed site development, the Planning Commission assist the applicant in achieving substantial compliance with the UVD requirements and in identifying acceptable alternatives when literal compliance with all standards may not be possible or desirable.
      (3)   In keeping with the UVD design intent to create an integrated mixed-use urban village and in order to accommodate creative and imaginative development in situations where the required UVD zoning provision may be inappropriate or unduly restrictive, the Planning Commission is authorized to hear and decide requests for exceptions to the UVD zoning requirements, but only in situations where the requirements will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under the UVD zoning district. Exceptions will not be granted merely to remove inconveniences or financial burdens and will only be permitted in extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission. Request for exceptions must be received and decided by Planning Commission prior to the meeting for a final site plan approval process. Requests for exceptions shall be processed substantially in the same manner as requests for PUD major revisions under Code Section 1266.11.
      (4)   In considering a site plan for approval under this chapter where alternatives are provided to the Planning Commission the Planning Commission shall base its decisions on whether the plan meets the general purpose and vision of the UVD as set forth through this chapter. Among other things, the Planning Commission should consider If the proposed plan presents: a walkable integrated urban village; a unified architectural character; a visually cohesive, integrated urban village environment; activity areas and open space promoting pedestrian activity; multiple and variety of uses consistent with an overall urban village fabric.
 
   (b)   Village Center. It is the intent of this chapter to accommodate creative and imaginative developments in particular within the Village Center area which was acquired by the City of Springboro as a catalyst for economic development in order to serve the health, welfare, and comfort of the citizens of Springboro. City Council should permit innovations and flexibility in the land development within the Village Center of the UVD. In order to accomplish this intent, it is the purpose of this section to permit, in a carefully-designed development, a variety of uses and/or dwelling types, and to permit the flexible spacing of lots and buildings, the provision of accessible and enjoyable open spaces, and the provision of a necessary complement of community and neighborhood facilities. Zoning decisions for all land within the designated Village Center shall be subject to the following special review process:
      (1)   Each site development or zoning request shall be subject to approval by City Council for compliance with this chapter. Written confirmation by the City Manager to City Council that a proposed site development is substantially in compliance with this chapter shall be a mandatory prerequisite for site plan approval by City Council.
      (2)   In its review of a proposed site development, the City Council, through the City Manager may assist the applicant in achieving substantial compliance with the UVD Village Center requirements and in identifying acceptable alternatives when literal compliance with all standards may not be possible or desirable.
      (3)   In keeping with the UVD design intent to create an integrated mixed-use, urban village and in order to accommodate creative and imaginative development in situations where the required UVD zoning provision may be inappropriate or unduly restrictive, City Council is authorized to hear and decide requests for exceptions to the UVD Village Center zoning requirements. Exceptions will not be granted merely to remove inconveniences or financial burdens and will only be permitted in extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission. Request for exceptions must be received and decided by the City Manager prior to the meeting for a final site plan approval process.
      (4)   In considering a site plan for approval under this chapter where alternatives are provided to City Council, it shall base its decisions on whether the plan meets the general purpose and vision of the UVD Village Center zoning as set forth in this chapter. Among other things, City Council may consider if the proposed plan presents: a walkable integrated urban village; a unified architectural character; a visually cohesive, integrated urban village environment; activity areas and open space promoting pedestrian activity; multiple and variety of uses consistent with an overall urban village fabric. Any deviation from the Village Center zoning provisions contained in this chapter that are within a site plan by City Council shall be deemed in compliance with zoning
(Ord. O-20-2. Passed 1-2-20.)