Item 6H
Ord. No. 480-OOOO
Item 6H
Ord. No. 480-OOOO
An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, adding variance provisions to Section 37 – “DT” Downtown District.
Ord. No. 480-OOOO (1st Reading)
37.11 VARIANCES
At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Chapter at the request of the Owner/Applicant.
To receive a variance, the Applicant must demonstrate one of the following:
(a) The variance is supportive of the Town Square character and the design intent of the DT Downtown District;
(b) Compliance with this ordinance would impair the architectural design or creativity of the project;
(c) Compliance with this ordinance would likely limit or negate the ability to configure the amount of parking, the building density, and uses that are needed to establish the Downtown
District; or
(d) Compliance with this ordinance would weaken the perception of a well-defined streetscape, and may establish the project as an isolated development, rather than as a Downtown District.
The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance, the City Council
must determine that one of the above conditions have been met; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties;
and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance.
Ord. No. 480-OOOO (2nd Reading)
37.11 VARIANCES
City Council may grant variances to specific regulations set forth in this Section 37. To receive a variance, the Applicant must demonstrate one of the following:
A variance will reduce the impact of the project on surrounding residential properties; or
Compliance with this ordinance would impair the architectural design or creativity of the project; or
The variance requested is supportive of the purpose and intent of the Downtown District as set forth in Section 37.1, and compatible with surrounding Town Square development; or
A variance is necessary to assure compatibility with surrounding developed properties; or
The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance.
In order to grant a variance, the City Council must determine that one of the above conditions has been met; that the variance will not injure and will be wholly compatible with the
use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance.
Planning and Zoning Commission
May 23, 2013; Approved (4-0) as presented.
City Council 1st Reading
June 4, 2013; Approved (5-0) noting that the applicant will work with staff to ensure the ordinance is in compliance and compatible with existing city ordinances.
Ord. No. 480-OOOO
Questions?