§ 6.1083. Amended development standards.

A.

To encourage sensitivity to site conditions and provide flexibility in site planning, development standards may be amended upon finding that the amended development standards achieve the purposes of the Environmentally Sensitive Lands ordinance in Section 6.1011 better than the existing development standards.

B.

The Development Review Board may approve amended development standards for:

1.

A subdivision, concurrent with a preliminary plat approval;

2.

A land division, concurrent with a building site plan;

3.

Any lot not established through a recorded plat, concurrent with a building site plan; and

4.

Any lot established through a recorded plat before application of the ESL overlay district, concurrent with a building site plan.

C.

The Development Review Board delegates its authority to approve amended development standards for all applications other than subdivisions to the Zoning Administrator. The Zoning Administrator shall sign the building site plan, if approved. The Development Review Board shall hear any appeal of the decision by the Zoning Administrator.

D.

All applications for amended development standards:

1.

Are subject to the application and public hearing requirements of Section 1.900;

2.

Are for existing zoning districts and single-family dwellings only; and

3.

Shall comply with Table A, Base Intensity By Zoning District, in Section 6.1081.

E.

The Development Review Board, or the Zoning Administrator, may approve amended development standards in conformance with the following limitations:

1.

In a subdivision or land division, the minimum lot area may be reduced up to twenty-five (25) percent.

2.

For lots not in a subdivision or land division, the minimum lot area of the underlying zoning district shall not be reduced.

3.

Minimum setbacks and minimum building separations may be reduced up to twenty-five (25) percent.

4.

The minimum setback of a garage or carport that opens towards the street shall be twenty (20) feet from the back of curb, or back of sidewalk, when present.

5.

The minimum side yard or rear yard, where the side yard or rear yard is adjacent to a designated open space tract, may be reduced to five (5) feet.

6.

Setbacks on the perimeter of a subdivision or land division shall be equal to or greater than the setbacks of the underlying zoning on adjacent parcels.

7.

The minimum perimeter wall setback required in Section 6.1071.A.3.d. may be reduced to ten (10) feet.

Figure 6.1083.A.

8.

Minimum lot width may be reduced up to twenty-five (25) percent. Flag lots with a minimum lot width of twenty (20) feet may be used if a flag lot design better achieves the purposes of the Environmentally Sensitive Lands Ordinance.

9.

If the underlying zoning is R1-18, R1-10, R1-7 or R1-5, one (1) of the side yard setbacks may be zero (0), if the dwellings are single-family detached homes. The minimum building separation shall be five (5) feet.

10.

The subdivision or land division shall be served by public or private water and sanitary sewer facilities if the minimum lot sizes are less than sixty thousand (60,000) square feet.

11.

Before any permit is issued, the required common open space shall be permanently maintained as natural open space in documents satisfactory to the City.

12.

Planned Residential Development (PRD) shall conform to the design criteria in Section 6.205.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3501, § 1, 4-1-03; Ord. No. 3540, § 1(Exh. 1), 4-20-04; Ord. No. 3696, § 1(Exh. 1), 9-26-06; Ord. No. 3920, § 1(Exh. §§ 84, 85), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 176—178), 5-6-14)