Item 7: Action: Ordinance on Infill Compatibility Standards Code Amendments

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(b) No new dwelling with more than three bedrooms is allowed on a small lot. (3) Exceptions to the maximum lot size shall be granted if any of the following is met: (a) Existing physical circumstances such as topographically constrained lands, conservation easements, existing buildings, or utility easements prevent the ability to further divide the lot. (b) The lot exceeding the maximum lot size is intended to reserve a large lot for future land division with feasibility demonstrated by a conceptual buildout plan. (c) The subdivision achieves a minimum density of 9 units per net acre. (d) The exception will enable protection of natural resources. (4) An alley access only lot may be created only if: (a) The original lot from which the alley access only lot is created abuts a street for at least a continuous 45 feet and is at least 6,750 square feet prior to the creation of the alley access only lot; (b) Only one alley access only lot may be created from any portion of a lot that exists as of December 14, 2009; and (c) A new alley access only lot must include the entire portion of the 9.3640 Non-conforming development. (1) Existing development that does not meet the lot coverage or open space requirements at EC Table 9.3625, 9.3626(6) or (7) must be brought into conformance with the lot coverage and open space standards in those code sections only when any additional dwelling is created or the number of bedrooms in any dwelling is increased to four or more. However, no development may increase the extent of non-conformance. (2) Existing development that does not meet the driveway or parking requirements at EC 9.3625(3), (6) or (7) must be brought into conformance with those driveway and parking standards only when: (a) An additional dwelling is created on the lot; (b) The number of bedrooms in any dwelling on the lot is increased to four or more; or (c) The proposed development would otherwise result in an increase in the non- conformance. (3) A non-conforming driveway or parking area may be paved or re-paved to the extent of the driveway or parking area that existed as of December 14, 2009, without having to be brought into conformance. (4) Legally established buildings and uses conforming to the residential net density requirements in the R-2 zone on December 7, 1994 are exempt from EC 9.1210 to 9.1230 Legal Nonconforming Situations, pertaining to nonconforming uses. This exemption is limited to development sites in the S-JW Jefferson Westside Special Area Zone on which residential buildings and uses existed, or in which a development permit or land use application was pending, on December 7, 1994. If such a building which is nonconforming as to minimum density is destroyed by fire or other causes beyond the control of the owner, the development site may be redeveloped with the previous number of dwelling unit(s) if Ñ®¼·²¿²½» ó Ð¿¹» ïé ±º îï