§ 64-44. Alternatives and exceptions.

(a)

Any exception to this article, including for private projects, shall be first reviewed by the bicycle and pedestrian advisory committee which shall provide a recommendation to the transportation development committee, and city plan commission and be documented with supporting data that indicates the basis for the decision. Any exception to this article shall be approved by the city plan commission. Appeals to decisions are made to the board of zoning adjustment. Such documentation shall be publicly available.

Exceptions may be considered for approval when:

(1)

A viable alternative is presented that provides for the appropriate multimodal accommodation;

(2)

The cost for accommodating a particular mode or category of users would be excessively disproportionate to the benefits of that improvement, with due consideration to future users, latent demand and the social and economic value of providing a safer and more convenient transportation system for all users;

(3)

The application of complete streets principles would be contrary to public safety; or

(4)

An absence of current and future need to serve a category of users is documented (e.g. in a rural or low-density area which lacks water or sewer utilities). In determining future need, applicants must consult relevant land use plans.

(b)

Measures such as, but not limited to, vehicular level of service, average daily traffic, pedestrian counts, bicycle counts, or crosswalk warrants each on their own shall not be justification for an exception to the intent of complete streets.

(Ord. No. 170949 , § 1, 12-14-17)