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/9/9'~ <br />to height, yards, area, lot width, frontage, depth and coverage, number of <br />off-street parking spaces required, and setback regulations specified in this <br />ordinance may be modified by the hearings official as part of tentative plan <br />approval provided the proposed development will be in accordance with the pur- <br />poses of this ordinance and these planned unit development regulations. The <br />hearings official may also approve variations from parking area design provi~ <br />sons ~f the public works department determines they will not create hazard- <br />ous conditions for vehicular or pedestrian traffic. The hearings official may <br />grant variances from provisions of the sign code to the extent and for the <br />reasons prescribed+for granting variances by the sign code board of appeals <br />~n Chapter 8 of this code. Nothing contained in this subsection shall be in- <br />terpreted as providing flexibility or ability to waive regulations other than <br />those specifically included in the zoning ordinance and sign code. <br />~ 10} Height. Un 1 ess the hearings of f.i ci al determines that <br />intrusion of structures into the sun exposure plane will not adversely affect <br />the occupants or potential occupants of adjacent properties, all buildings and <br />structures shall be constructed within the area contained between lines <br />i1lustrati~ng the sun exposure plane See Figure 11 and the definition of "Sun <br />Exposure Plane" in section 9.254}.~ The hearings official may further modify <br />heights to: <br />~a} Protect lines of sight and scenic vistas from greater <br />encroachment than would occur as a result of conventional <br />development. <br />fib} Protect lines of sight and scenic vistas in area of spe~ <br />vial height limitations as prescribed in section 9.536 of the Zoning <br />ordinance. <br />(c} Protect solar access to south facing building surfaces on <br />December 21 of any year between 10 a.m. and 3 p.m., standard time, <br />particularly i n relatively f 1 at areas and on south~-facing slopes <br />where maximum densities allowed can best be achieved. <br />~d} Enable the project to satisfy approval criteria. <br />X11} Public use ,areas, As part of tentative plan approval, the <br />hearings official may require dedication, improvement, and construction <br />standards that minimize maintenance of streets, bikeways, and walkways as <br />necessary for proper development of adjacent properties or as required to make <br />findings in response to approval criteria. <br />X12} Under round utilities. Unless waived by the hearings official <br />or the planning director, the developer shall locate all on~-site utilities <br />underground in accordance with the policies, practices and rules of the serv- <br />ing utilities and the Public Utilities Commissioner. <br />X13} Usable outdoor livin area. All dwelling units shall be served <br />by outdoor living area as specified in this code, except that in residential <br />or residential-commercial developments, at least 40 percent of the area shall <br />be usable as semi-private or private outdoor living space. Unless waived by <br />the hearings official at the time of tentative plan approval, the private <br />space must equal at least ten percent of the gross floor area of each unit. <br />So long as private outdoor living area as specified in this ordinance and <br />modified herein is available to each dwelling unit, semi-private outdoor liv- <br />ing space may be offered far dedication to the city, in fee or easement, to <br />be incorporated in a city approved recreational facility. A portion ar all <br />of a dedicated area may be included in calculating density if permitted under <br />these conditions. <br />X14} Plannin commission and council initiation of PD Sub-districts. <br />The planning commission or council may initiate a rezoning application <br />requesting a particular area be made subject to these regulations through <br />adoption of a PD subdistrict, Procedures shall be as provided i n thi s <br />ordinance for changes in zoning district boundaries. <br />Ordinance -~25-~ <br />