119-321 - Modification of use regulations

LAST AMENDED
2/2/2011

For any #Tier II site#, the City Planning Commission may grant special permits to allow #single-family# #semi-detached
residences# in R1 and R2 Districts, #single-family# #attached residences# in R1, R2 and R3-1 Districts or #two-family#
#attached residences# in R3-1 Districts.

As a condition for granting such special permits, the minimum required #lot area# of the underlying district shall not be
reduced, and the #aggregate width of street walls# of a #building#, or a number of #buildings# separated by party walls, shall not
exceed 100 feet.

In order to grant such special permits, the Commission shall find that:

(a)    #development# is not feasible without such modifications, or that the requested modification will permit a
        #development#, #enlargement# or #site alteration# that better satisfies the purposes of this Chapter;
(b)    the change of housing type requested constitutes the most effective method of preserving the existing topography and
        vegetation;

(c)    the preservation of existing topography and vegetation requires the permitted development to be concentrated, to the
        extent feasible, in the remaining portion of the tract;

(d)    for such concentration of development, better standards of privacy and usable #open space# can be and are achieved
        under the development plan by inclusion of the proposed #building# type;

(e)    such modification is the least modification required to achieve the purpose for which it is granted;

(f)   the proposed #street# or #private road# system for the development is so located as to draw a minimum of vehicular
       traffic to and through #streets# in the adjacent area;

(g)    the siting of the #building# or #buildings# will not adversely affect adjacent properties by impairing privacy or access of
        light and air; and

(h)    the existing topography and vegetation and the proposed planting effectively screen all #attached# one-family
        #residences# from the #lot lines# along the development perimeter.

The Commission may impose appropriate conditions or safeguards, such as special landscaping requirements, to minimize any
adverse effects on the character of the surrounding area.

All #developments#, #enlargements# or #site alterations# that require a special permit pursuant to this Section shall also be
subject to the provisions of Sections 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain
Authorizations and Special Permits) and 119-34 (Special Submission Requirements for Certain Authorizations and Special
Permits).