§ 67.602. Procedural Requirements.

Neighborhood Compatibility Review. The applicant for an Affordable Housing Development proposing to utilize the Alternative Development Standards for residential development shall undergo neighborhood compatibility review by the Planning Official to determine whether a significant negative impact is present to adjacent neighborhoods. The applicant shall submit the following documents to City Planning staff for review:

(a)

A letter from the Housing and Community Development Department certifying the project as Affordable Housing;

(b)

An accurate, current survey: As completed by a registered surveyor;

(c)

A site plan: Showing the individual units on the lots and the entire property;

(d)

Elevations and floor plans: Showing the interior and exteriors of the proposed building(s);

(e)

Alternative development standards request: Including a statement of consistency with the standards established by this Part;

(f)

Additional information: Any such information that may be reasonably required to carry out the purposes of this Chapter;

(g)

Waiver by the Planning Official: The Planning Official shall be authorized to waive the informational requirements above where deemed appropriate.

Neighborhood Compatibility Review Criteria. Because alternative housing development standards permit significantly reduced front and rear yard setbacks, these development standards may, in some instances, be insufficient to ensure compatibility with the surrounding neighborhoods. In order to ensure that the design and configuration of lots created through alternative housing development standards remains compatible with the adjacent neighborhoods, the Planning Official shall issue a written report determining whether the use of the alternative development standards will have a significantly greater negative impact on surrounding neighborhoods than residential development designed in accordance with the general development standards of the applicable zoning district. The determination shall be based upon a comparison of the proposed residential development utilizing the alternative development standards to the same development utilizing the general development standards of the applicable zoning district, with the following considerations:

(a)

Whether the proposed building setbacks vary significantly from the applicable zoning requirements and the existing setbacks within the adjacent neighborhoods;

(b)

Whether the proposed building envelopes are appropriate for the neighborhood and for the width and depth of the residential lots;

(c)

Whether building setbacks significantly decrease sight-line separation between building sites; and

(d)

Whether the massing of the proposed residential development is appropriate for the surrounding neighborhoods.

Neighborhood Compatibility Review Findings. The Planning Official shall issue written findings of impact at any time before the issuance of alternative development standards approval. If a significant negative impact is present, or if the proposed development does not comply with Section 67.604, the Planning Official shall deny the request or, as a condition of alternative development standards approval, shall require compliance with project-specific development and design conditions to mitigate the negative impact. Whenever the applicant disagrees with the decision of the Planning Official or any conditions and safeguards imposed by the Planning Official, the applicant may elect to appeal the decision to the Municipal Planning Board (MPB). Such appeal shall be filed within 10 days of the Planning Official determination. The MPB shall review the decision and approve, deny, approve with modifications or refer the matter back to the Planning Official for further consideration based on specific instructions. If the Planning Official determines that there is no negative impact, or if the applicant agrees to comply with the development and design conditions set by the Planning Official, then the applicant need only submit all necessary documents for building permits in accordance with the Planning Official determination and the requirements of Chapter 65, Part 2C.

Effect of Approval. If platting is required to develop the project as proposed, no building permit shall be issued except in accordance with an approved Final Plat and upon evidence that any covenants, restrictions, and easements for the alternative housing development have been duly recorded.

Variances and Modification of Standards. Because the Alternative Development Standards establish reduced front, rear, and side yard setbacks, lot widths, and lot depths, variances or modification of standards to front, rear, and side yard setbacks, lot width, or lot depth shall not be permitted. Variances or modification of standards for other development site standards or building setbacks may be permitted.

(Ord. of 2-22-1993, Doc. #26393; Ord. of 6-20-1994, Doc. #27637; Ord. No. 2017-24, § 2, 6-5-2017, Doc. #1706051202)