§ 2.100. Action by the City Council conditions and restrictions.

(a)

The City Council shall approve, disapprove, or conditionally approve all preliminary and final site plans. In approving preliminary or final site plan applications, the City Council, after recommendation from the Planning Commission, may vary the standards set forth in the Zoning Ordinance, provided the general intent of the ordinance is carried out. The City Council shall use the requirements and standards found in the base zoning district as a guide and may permit adjustments from these requirements and standards in the interest of efficient land development and utilization if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced. However, use regulations shall not be varied so as to make them less restrictive. Any part of a structure over the maximum allowable height of the base district shall be set back from property lines one additional foot for each additional foot in height.

The requirements of Sections 2.95(c), (d), (e), and (f) may be varied by the City Council if the Council determines that the development complies with the intent of the section. The purpose of such variation is to allow for a variety of architectural designs and innovative site planning that is compatible with the site's existing physical features and surrounding uses. The following guidelines shall be used in said determinations:

(1)

Site planning:

a.

All desirable site features such as healthy existing trees, views, and water should be incorporated in the site plan.

b.

The relationship of the site design to surrounding uses, including setbacks, building heights, parking, open spaces and drives should be considered.

(2)

Architectural design:

a.

The project design should take into account surrounding uses, building materials, style and size.

b.

The building should relate to the site on which they are located taking advantage of all desirable site features.

c.

Unreasonable continuous and unbroken wall planes should be avoided.

d.

Architectural elements or features that create a variety of scale relationships should be included.

e.

Architectural elements or details that are sympathetic to structure on adjoining properties should be included.

(b)

In its review and approval of preliminary and final site plan applications, the Planning Commission may increase the minimum requirements designated in the applicable sections of the zoning code based upon their review of the individual site's topography, the building's orientation in relationship to street right-of-ways and adjoining properties, the building materials used, and the mass and height of the building. The purpose of such increases in the minimum requirements is to minimize any adverse impacts of the proposed development on adjoining or nearby properties and the general community.

(c)

If the Planning Commission imposes conditions or restrictions on a preliminary site plan, it shall designate specific requirements which must be met before an applicant may submit a final site plan application. If the Commission imposes conditions or restrictions on a final site plan, it shall designate specific requirements which must be met before issuance of a building permit. The Planning Commission may delegate to the Building Inspector and/or City Administrator, the authority to determine whether the specifically prescribed conditions have been met by the applicant.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)