23-7 Variations from Development Standards

A. Variations from applicable development standards of an underlying zone in this Title may be approved as part of a Preliminary Site Plan for the Planned Development Overlay and the Development Agreement pursuant to the provisions of this chapter. B. A variation from the setback requirements set forth in Section 23-11-D and Section 23-11-E may be approved if the City Council, after receiving a recommendation from the Planning Commission, finds such variation meets the approval criteria set forth in Section 23-8-H and as set forth below. Any such variation shall be explicitly noted in the Development Agreement. C. Variations from the development standards set forth in this Chapter are intended to be rare and shall be approved by at least four (4) members of the City Council. The following are variations that are permitted: 1. Building setbacks; 2. Height of building or structure; 3. Required off-street parking spaces; 4. Landscaping Requirements; 5. Sign Requirements; 6. Lot size; or 7. lot width; D. The following variations may not be modified or altered: 1. Standards pertaining to development in critical areas or floodplains; or 2. Regulations pertaining to nonconforming uses. E. The applicant shall bear the burden of persuasion with regard to any request for a variation. Such burden shall include, but not be limited to, demonstrating that: 1. A proposed project which includes a variation is the result of a substantial amount of advance planning; 2. Any adverse conditions which may result from the variation will be mitigated; and 3. The variation will result in a substantial benefit not only to persons who will live or work within the project, but also to the City and its residents generally.