Article X-B. Permitted Higher Density
with Special Permit.
Sec. 35E. Applicability.
City council may allow an applicant a higher residential density
of up to 120 dwelling units per acre in B-4 zones and B-3 zones
adjacent to the B-4 zone, if the applicant's request is in harmony
with the purposes stated in §35F, if the applicant meets the
specific requirements set forth in §35G; subject to meeting
requirements of site plan ordinance article XVII, §72(a) and other
pertinent requirements set forth in the zoning ordinance. A site
plan for the proposed project shall be submitted at the time of the
request for higher density approval. (2-4-74.)
Sec. 35F. Purpose and intent.
The purpose of the special permit provisions is to encourage
development of higher density housing in the downtown area
which is harmonious with the surrounding area and which
provides the necessary parking and other relevant amenities for
the additional residents generated by the allowance of higher
density. (2-4-74.)
Sec. 35G. Specific standards to apply only to units over and
above those allowed in given zone.
(a) Recreation space and facilities: The proposed development
shall provide recreation space and facilities for common use
appropriate in size, type and location to the occupancy
characteristics of the development.
The proposed development shall provide child use space, mixed
use space (children and adults) and adult use space in relation to
projected tenancy characteristics. Computation of such space
requirements shall be as follows:
(1) Compute the building occupancy according to the
following schedules:
| Apartment |
Occupancy |
| Studio |
1 adult |
| 1 BR apt. |
2 adults |
| 2 BR apt. |
2 adults and 1 child |
| 3 BR apt. |
2 adults and 2 children |
| 4 BR apt. |
2 adults and 3 children |
(2) Based upon the occupancy figures so computed, each of
the following three types of activity space shall be provided in
amounts determined according to the following schedule:
For child use space multiply the number of children by 20
sq. ft.
For mixed use space multiply the total number of residents
(children plus adults) by 25 sq. ft.
For adult use space multiply the number of adults by 100
sq. ft.
(3) The following types of activity spaces are suggested to
fulfill space requirements:
| Children |
Adult |
Mixed |
| Tot lot |
Passive |
Swimming pool |
Intermediate
playground |
Rooftop terrace |
Handball |
|
Health club |
Tennis courts |
Nursery day
care |
Gymnasium |
Basketball |
|
Terrace |
Meeting & activity
rooms |
|
|
Volleyball |
|
|
Shops-craft |
|
|
Library |
(4) Related recreation and open space requirements:
Landscaping: At least 25% of the required recreational
space shall be landscaped with appropriate trees and plant
materials.
Indoor and/or weather protected recreation space: At least
25% of the required recreational space shall be indoor and/or
weather protected so as to be useable year round.
Facilities: Required recreational space shall have
appropriate facilities and improvements before the occupancy
permit is issued for the dwelling units.
(b) Impact on the neighborhood: The proposed development
shall not have undue adverse impact on the surrounding
neighborhood.
Maximum building height: Maximum height allowed shall be
one hundred (100) feet from grade, except as provided in article
XIII, Exceptions and Modifications.
Height of street wall: The height of the street wall shall not be
higher than forty (40) feet from grade, so as to maintain
neighborhood scale, maintain harmony with the historic district,
and permit adequate sunlight on the street.
Environmental impact: In the opinion of city council, the
proposed development shall not have any significant adverse
impact on the surrounding environment for reason of character
and location of the proposed development.
Maintenance: The applicant shall provide appropriate
measures for adequate maintenance of the structures, open space
and surrounding area.
(c) Parking and circulation: The proposed development shall
provide adequate off-street parking and circulation to meet the
needs of the residents and to avoid adverse impact on the
surrounding area.
Parking: The proposed development shall provide a minimum
of two (2) off-street parking spaces for each additional unit
permitted over and above the normally allowed density in the
given zone. This parking shall be located within 200′ from the
entrance of the residential building.
Access and circulation: The proposed development shall have
an adequate ingress, egress and circulation system so as to meet
the needs of the residents of the proposed development and so as
not to have undue adverse impact on the surrounding circulation
pattern.
(d) Other facilities:
Laundry facilities: The proposed development shall provide
adequate common laundry facilities for the residents, unless
the provisions for laundry facilities are made in individual
dwelling unit(s).
Storage facilities: The proposed development shall provide
additional storage space (above and beyond that provided in the
dwelling unit) for each dwelling unit at the rate of not less than six
(6) square feet per bedroom, with a minimum of six (6) square feet
per dwelling unit. (2-4-74.)
Sec. 35H. Procedures.
(a) Application. Each application for higher density under this
article shall contain site plan and other supporting data sufficient
to demonstrate compliance with §35G of this article, the
requirements of article XVII, §72(a) (Site Plan Review), and other
requirements set forth in the zoning ordinance.
(b) Department of community development. The department
of community development shall review any application
requesting higher density in the above zones and shall make a
report of its findings and recommendations to the planning
commission.
(c) Planning commission. The planning commission shall
review and make recommendations to city council concerning
approval or disapproval of the application for higher density,
based upon the review of the site plan for the proposed
development and based upon criteria set forth in this article.
(d) City council. After receiving the recommendations of the
planning commission, city council may allow an applicant a
higher density of up to 120 units per acre in B-4 zones and B-3
zones adjacent to the B-4 zone, provided that such allowance may
be made only if the applicant's request is in harmony with the
purposes stated in §35F, meets the standards set forth in
§35G and other pertinent requirements set forth in the zoning
ordinance, and the applicant has received approval of its site plan
(article XVII, §72(a)). Council may attach such conditions to its
approval as it deems necessary to bring the plan of development
into conformity with the purposes and standards of this section.
(2-4-74.)
Sec. 35I. Violations.
(a) If the present or future owner of the project for which a
special permit is granted under this article fails to comply with
the approved site plan or the conditions set forth at the time of
granting the permit or any other provision of this ordinance, no
occupancy permit shall be issued for the additional dwelling units
allowed by the permit; and any occupancy permit theretofore
issued shall be revoked. Provided, however, that a temporary
occupancy permit may be issued for such units pending
completion of the required site plan or other conditions after the
owner has posted an adequate performance bond as allowed under
§72.
(b) In addition, failure to comply with such site plan
requirements or conditions of the permit shall constitute a
violation of this ordinance under §77, and shall be subject to the
penalties set forth therein. (2-4-74.)
