Laserfiche WebLink
intrinsically unsuitable for pedestrians or to protect disruption to <br />significant natural resources. <br />(b) Minimum Setbacks for Park Improvements in PRO Zone The minimum <br />required special setbacks for park improvements may be adjusted upon <br />a finding that the proposal achieves all of the following: <br />1. Consistent with EC 9.2600 Purpose of PRO Park, Recreation and <br />Open Space Zone. <br />2. Is compatible with adjacent development. <br />(c) Minimum Setbacks for Drive - Through Facility Service Areas and <br />Stackinq Lanes Standards establishing a minimum setback for service <br />areas and stacking lanes may be adjusted upon a finding that the <br />proposal achieves all of the following: <br />1. Is compatible with adjacent development. <br />2. Creates an attractive pedestrian environment along all adjacent <br />streets. <br />3. Where necessary, provides visual separation between adjacent <br />development. <br />(d) Outdoor Merchandise Display in C -2 and C -4 The limitation on outdoor <br />merchandise display in EC 9.2170(8)(b)2. may be adjusted upon a <br />finding that the proposed adjustment is consistent with the intent set out <br />in EC 9.2170(1). <br />(16) Downtown Plan Area. Where this land use code provides that a <br />development standard applicable within the Downtown Plan Area as shown on <br />Map 9.2161(6) Downtown Plan Map may be adjusted, approval of the request <br />shall be given if the applicant demonstrates consistency with all of the <br />following: <br />(a) The requested adjustment will allow the project to achieve an equivalent <br />or higher quality design than would result from strict adherence to the <br />standards through: <br />1. A building orientation, massing, articulation and fagade that <br />contribute positively to the surrounding urban environment; and <br />2. An overall site and building design that creates a safe and <br />attractive pedestrian environment. Design elements for this <br />purpose may include special architectural design features, high <br />quality materials, outdoor seating, pedestrian - scaled lighting, <br />prominent entries facing the street, multiple openings or windows, <br />and a significant use of clear, untinted glass. <br />(b) Impacts to any adjacent residentially -zoned property are minimized. <br />Design elements for this purpose may include treatment of building <br />massing, setbacks, screening and landscaping. <br />(c) For adjustments pursuant to EC 9.2170(10) only, placing utilities <br />underground would be unreasonably onerous to the applicant. <br />(31) /ND Nodal Development Overlay Zone. Where this land use code provides <br />that a development standard applicable within the /ND Nodal Development <br />overlay zone may be adjusted, approval of the request shall be given if the <br />applicant demonstrates consistency with all of the following: <br />(a) The requested adjustment will allow the project to achieve an equivalent <br />or higher quality design than would result from strict adherence to the <br />standards through: <br />1. A building orientation, massing, articulation and fagade that <br />contribute positively to the surrounding urban environment; and <br />Ordinance - Page 11 of 16 <br />