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(1) New Development.

(a) Requirements. All new development within the S-E Overlay District shall be approved by the approving authority if it can be found to be consistent with all of the applicable provisions in Sections 10.375 through 10.385. Development within Area 7A shall also be consistent with the adopted Southeast Village Commercial Center Core Area Master Plan. Proposals for new development that deviates from any of the applicable provisions in Sections 10.375 through 10.385, and/or the Southeast Village Commercial Center Core Area Master Plan, shall require approval of a Planned Unit Development (PUD) pursuant to Sections 10.190 through 10.198.

(b) Approvals. In approving applications for projects within the S-E Overlay District, the approving authority shall find that the application conforms to the S-E Overlay District standards. In approving PUD applications for projects within the S-E Overlay District, the Planning Commission may grant modifications of City standards, including provisions of the S-E Overlay District, under Section 10.192(2), except for height standards in Section 10.375(3) and the prohibited uses in Section 10.378(4).

(2) Master Plan.

(a) Commercial Center Core Area (Area 7A) Master Plan. The adopted Southeast Village Commercial Center Core Area Master Plan governs design and development within the area designated 7A (Commercial Center Core Area) on the Southeast Plan Map (see Figure 10.372). All zone changes, Site Plan and Architectural Reviews, PUDs, other land use actions, and permits within Area 7A shall conform to the Master Plan.

(b) The Area 7A Master Plan is incorporated by reference as part of this Chapter for the S-E Overlay District, and shall be as much a part of the Municipal Code as if all were fully described herein. Development within Area 7A shall be approved by the Site Plan and Architectural Commission only if it can be found to be consistent with the adopted Master Plan. Development within Area 7A that is not consistent with the adopted Master Plan, regardless of size, shall be approved only when a PUD has been approved by the Planning Commission.

A development shall be found to be consistent only if:

(i) The proposed development is consistent with all Code standards unless superseded by Master Plan Sector Design and Development standards, in which case the development shall comply with applicable Sector Design and Development Standards.

(ii) Revisions are limited to the following:

(A) The building envelope is not increased or decreased by more than 10% of the envelope shown on the Master Plan.

(B) Plazas are not smaller than 90% of proposed size on Master Plan;

(C) If the location of a building is altered, it does not impair the safety of on-site pedestrian and vehicular circulation.

[Amd. Sec. 2, Ord. No. 2004-258, Dec. 16, 2004; Amd. Sec. 3, Ord. No. 2008-247, Dec. 4, 2008; Amd. Sec. 3, Ord. No. 2013-42, Mar. 7, 2013; Amd. Sec. 3, Ord. No. 2014-160, Dec. 18, 2014; Amd. Sec. 149, Ord. No. 2018-64, Jun. 21, 2018 (effective Jul. 23, 2018); Amd. Sec. 4, Ord. No. 2020-21, Feb. 20, 2020.]