A design review permit may be approved only upon substantiating the following findings:
A. The maximum allowable density under the applicable zoning district has not been exceeded, unless a density bonus has been approved for the subject site in conformance with General Plan policy and City ordinance.
B. The design review permit substantially conforms to the requirements of Titles 10 and 11 of the Wellsville City Code.
C. Where an adjustment to a provision of Title 10 and 11 is requested as part of the design review application, the following criteria shall apply:
1. The adjustment is consistent with the purpose and intent of the zoning district in which the project is located.
2. The adjustment is consistent with the purpose of the standard for which the adjustment is requested;
3. Permitted use standards, including conditional use standards, shall not be adjusted;
4. Density standards shall not be adjusted;
5. Adjustments to height, bulk, parking, and landscaping (including setbacks, lot coverage, buffering, parking ratio, and floor area) may be approved provided that the adjustment does not exceed five percent (5%) of the base standard;
6. Historic district guidelines shall not be adjusted through this procedure;
D. Adjustments to on-site parking and landscaping requirements may be allowed by the Planning Commission for some commercial and industrial projects that require areas of yard space for the maneuvering of large vehicles and equipment.
1. Adjustment shall not be made for the following:
a. outdoor uses involving vehicular parking for employees or customers, except as provided in 10-50-8-C5.
b. Off-site improvements required by a subdivision approval or required to access or service the project.
c. Landscape improvements required to improve the public right-of-way.
2. The Planning Commission shall make a compelling finding(s) that substantiates the following:
a. The adjustment(s) will allow the adequate function of outdoor activities
b. The adjustment(s) are customary to the layout and design of similar uses and projects
c. The adjustment is not contrary to the purposes of this chapter (10-50-1).
3. Adjustments to on-site parking and landscaping requirements may be, particularly, justified by the Planning Commission, when the proposed building substantially screens the outdoor use area from the public roadway and adjacent properties.
(Ord. 2019-04, 10-16-2019; amd. Ord. 2022-08, 6-15-2022)