(a)
Maintain and enhance the economic, cultural and social vitality of
downtown.
(b)
Promote downtown living by providing a wide range housing opportunities.
(c)
Enhance the transportation system to accommodate automobiles, bikes
and pedestrians and provide adequate, convenient parking.
(d)
Stabilize and enhance the historic residential neighborhoods.
(e)
Establish and promote a unique identity.
(f)
Preserve and restore significant historic structures.
(g)
Activate the edges of the downtown parks with mixed use and programmed/active
use of the park as urban open space rather than passive green parks.
(Ord. 4572, 3-20-13)
Due to the constraints of many downtown properties and the City’s
desire to promote improvement and redevelopment in the Downtown District,
the Director may make reasonable exceptions to the provisions of the
Zoning and Development Code and the Greater Downtown Overlay District
to bulk standards (except for building height), landscaping, parking
or other use-specific special regulations for properties that are
within the Central Business District (CBD), Transitional or Residential
subareas. The following criteria shall be used to consider exceptions
from the bulk standards, landscaping, parking or other use-specific
special regulations:
(a)
Hardship Unique to Property, Not Self-Inflicted.
There
are exceptional conditions creating an undue hardship, applicable
only to the property involved or the intended use thereof, which do
not apply generally to the other land areas or uses within similar
zone districts, and such exceptional conditions or undue hardship
was not created by the action or inaction of the applicant or owner
of the property;
(b)
Special Privilege.
The exception shall not confer on
the applicant any special privilege that is denied to other lands
or structures within similar zone districts;
(c)
Literal Interpretation.
The literal interpretation of
the provisions of the regulations would deprive the applicant of rights
commonly enjoyed by other properties in similar zoning districts and
would work unnecessary and undue hardship on the applicant;
(d)
Greater Downtown Plan Goals.
The proposal actually meets
overall goals of the plan better than if standards are followed;
(e)
Conformance with the Purposes of the Zoning Overlay and the Zoning
and Development Code.
The granting of an exception shall
not conflict with the purposes and intents expressed or implied in
this Zoning Overlay District or the Zoning and Development Code; and
(f)
Conformance with Comprehensive Plan.
The granting of
an exception shall not conflict with the goals and principles in the
City’s Comprehensive Plan.
(Ord. 4572, 3-20-13)
