§ 16-18.007. Provisions for variations from regulations applying generally in SPI districts.


Latest version.
  • As part of general action when plans require approval of a special administrative permit, regulations for a particular SPI district or for specified classes of SPI districts, the director, bureau of planning may authorize variations from regulations generally applying based on written findings that:

    (a)

    A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, meets public purposes and provides public protection to an equivalent or greater degree; or

    (b)

    In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at the time or in the future.

    Notation concerning the existence of such variation shall be made on the official zoning map, by appropriate identification and date; and a copy of the variation shall be filed in the office of the bureau of buildings for future guidance and as a public record. As appropriate to the circumstances of the case, a copy shall also be recorded with the clerk of the council.

    The council or other officials or agencies of the city charged with approval responsibilities under SPI procedures may also be authorized in regulations applying generally within the district upon making findings in a particular case that such variations are necessary to achieve public purposes set forth for the district, or for public protection or the protection of the environs of particular buildings or premises of special and substantial public interest, or to ease the transition from one district to another. Among other things, such variations may require relocation or increase in yards or other open space generally required, reduction in height generally permitted, additional limitations on uses, signs or illumination, and buffering and screening to a greater degree than generally required.

(Code 1977, § 16-18.007)