(a) Purpose. The equivalency provision review is a procedure that allows applicants to propose unique design options 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 equivalency provision 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 equivalency provision 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 Board.
(1) Any equivalency provision review application related to a design standard or guideline that applies to a Landmark or Landmark District shall be reviewed by the Design Review Board.
(2) All other equivalency provision review applications shall be reviewed by the Planning Commission.
(d) Review Timing. A request for equivalency provision review shall be made concurrently with a zoning certificate, development plan, or a COA application, whichever is applicable.
(e) Equivalency Provision Review Procedure. The review procedure for any equivalency provision review application shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
(2) Step 2 - Staff Review and Transmission to the Planning Commission or Design Review Board.
A. Upon determination that an equivalency provision review application is complete, the Zoning Administrator 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 Zoning Administrator for transmission to the Planning Commission or Design Review Board, as applicable.
B. The Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.10(e)(2)A, prior to the Planning Commission or Design Review Board's meeting, as applicable, where the application is to be reviewed.
(3) Step 3 - Board Review and Decision
A. Within 60 days after the application is determined to be complete, the Planning Commission or Design Review Board, as applicable, shall review the equivalency review application.
B. In reviewing the application, the Planning Commission or Design and Review Board, as applicable, shall at a minimum, consider the reports and opinions transmitted by the Zoning Administrator and the review criteria of this section.
D. The Planning Commission or Design Review Board, as applicable, shall make a decision on the application. In making its decision, the Planning Commission or Design Review Board, as applicable, may approve, approve with modifications or supplementary conditions, or deny the application.
E. If the Planning Commission or Design and Review Board, as applicable, fails to act within 60 days from the date of the initial meeting regarding the equivalency provision review application, or an extended period as may be agreed upon by the Planning Commission or Design and Review Board, as applicable, and the applicant, then the application shall be considered denied.
F. If approved, any zoning certificate, development plan, COA, or other related applications shall demonstrate compliance with the equivalency provision review approval.
(f) Review Criteria. Decisions on an equivalency provision 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.
(g) Conditions. The Planning Commission or the Design and Review Board, as applicable, may impose conditions on an approval for an equivalency provision review provided such conditions are related to ensuring the performance of the equivalency provision 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 equivalency provision review.
(h) Decisions. Any decision on an equivalency provision 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 review and decided upon based on the individual circumstances.
(i) Time Limit.
(1) An approval of an equivalency provision review application shall expire if the zoning certificate or certificate of appropriateness, as applicable, expires.
(2) Upon expiration of an equivalency provision review approval, a new application, including all applicable fees, shall be required before a new application will be reviewed.
(j) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or the Design and Review Board, as applicable, shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18.)