§ 13-204. Exceptions from district regulations.

(a) Considerations.

In determining whether to grant an exception from district regulations, the Planning Commission and City Council must consider whether the exception will:

(1) enhance the overall merit of the planned unit development;

(2) promote the objectives of both the City and the development;

(3) enhance the quality of the design of the structures and the site plan;

(4) enable the development to offer environmental and pedestrian amenities;

(5) not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development;

(6) not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic;

(7) be compatible with the land use policies of the Comprehensive Master Plan;

(8) provide a substantial public benefit to the City, as illustrated in subsection (d) of this section; and

(9) allow uses that predominantly match or are compatible with uses allowed in the underlying zoning district and the zoning districts of adjacent properties.

(b) Required Superior design and amenities.

To be granted an exception, the applicant must demonstrate superior design and enhanced amenities.

(c) Required benefit to City.

In no case may any exception be granted unless the applicant demonstrates a substantial benefit to the City.

(d) Examples of substantial benefit to City.

Examples of substantial benefits to the City are as follows:

(1) use of sustainable design and architecture, such as green roofs, white roofs, and other energy efficient design concepts, new building technologies, and qualifying as a Leadership in Energy and Environmental Design ("LEED") or LEED-equivalent structure;

(2) enhanced design characteristics, including mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment;

(3) community amenities, including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities;

(4) preservation of natural areas and site design that is sensitive to environmental features;

(5) historic preservation and adaptive reuse of historic structures;

(6) additional open-space and recreational amenities, such as recreational open space and playgrounds, including athletic fields, dog parks, natural water features, and conservation areas;

(7) additional public infrastructure improvements, in addition to the minimum needed by the planned unit development, such as new or repaved streets, bicycle paths, gutters and sewers, and traffic control devices to improve traffic flow;

(8) senior housing set-aside;

(9) affordable housing set-aside;

(10) provision of accessible dwelling units with accessible features beyond those required by the Americans with Disabilities Act or any other applicable codes; and

(11) provision of public car or bike share facilities.