(a)

For the purposes of this section, the term "infill" shall apply to all single-family residential zoning within the districts.

(b)

For the purposes of this section, "accessory structure" shall mean detached garages, carports, storage sheds, etc. and shall meet the minimum setback requirements prescribed by the applicable zoning district. Said structures shall be constructed of similar building materials and orientation of the principal structure.

(c)

For the purposes of this section, the term "infill development" shall mean the construction of single-family dwellings and/or reconstruction of at least 25 percent of the exterior of a residential structure in neighborhoods in which at least 75 percent of the lots in the survey area have been developed. Infill development shall be required if a developer is building five or less homes. A single-family detached structure constructed on three acres or more is exempt from this chapter.

(d)

For purposes of this section, the term "survey area" shall mean:

The nearest ten surrounding single-family residential properties that are located on both sides, directly to the rear, and directly across the public right-of-way of the lot to be developed.

In the event that topography, zoning district boundaries, city limits, or other logistical matters render strict compliance with subsection (d) impossible, the director of planning and zoning shall determine the survey area as strictly as possible in compliance with subsection (d).

(1)

In order to establish and maintain compatibility among residential developments and to preserve the aesthetic qualities of neighborhoods, which serves to preserve the property values of all residential land owners and developers, promote the health, welfare and safety of neighborhoods, and preserve the tax base of the city, the design requirements detailed herein are hereby mandated for all residential infill developments, in addition to all other construction standards contained in this Code.

(2)

The developer of a proposed infill development shall submit to the planning and zoning department, an infill compatibility survey, on the form provided by the planning and zoning department that illustrates the size, scale, and overall visual character of the structure including setbacks, height and basic architectural features of homes in the survey area. The applicant shall also submit labeled pictures of the survey area.

(e)

The minimum requirements for residential infill development, to be shown on the infill compatibility survey, shall be as follows:

(1)

Height. The maximum height is measured between the highest point along a roof or highest ridge line of a proposed home, and the slab or crawl space on grade. The height shall comply with the requirements of the applicable zoning district. For purposes of building height, chimneys, as well as flues, vents, pipes, antennae, and other small projections less than 24 inches in width/diameter (measured at the widest point) shall not be included in the above measurement.

(2)

Number of stories. The number of stores shall comply with the height requirements of the applicable zoning district.

(3)

Orientation of the front door. The home shall have its front entrance facing the street (if the lot faces more than one street, then facing the street that existing homes in the survey area face), and shall have no less than 25 square feet of framed window facing said street, or no less than 85 percent of the average square footage of framed window facing said street for homes within the survey area, whichever is less.

(4)

Orientation of the house. The infill home shall have the same orientation to the streets as the majority (51 percent) of the existing homes within the survey area. Where the dimensions of the lot, or other site-specific obstacles, do not permit the same orientation as a majority of existing structures in the survey area, the property owner, or his or her representatives, may file for a variance with the planning and zoning commission, which variance shall be considered in conformance with the procedures and standards contained in article VI, Appeals.

(5)

Garages and carports. Where a majority (51 percent) of existing homes have garages or carports within the survey area, the infill home shall include a garage or carport. The garage or carport frontage shall meet all setback requirements of the applicable zoning district. The orientation of garages and carports shall be consistent with the majority (51 percent) of such structures within the survey area. Where possible, garages and carports shall be oriented and entered from the side or rear of the infill home, and out of view of the public way. A detached garage within an infill development is considered an accessory structure and must comply with the infill standards and applicable zoning district.

(6)

Exterior materials. The exterior materials of an infill development, including garages, carports and other accessory structures, shall conform to the following requirements:

a.

All exterior finishes shall be either brick, stone, masonry, wood, masonry composite, or such other similar exterior finish as may be approved by the director of planning and zoning.

b.

Where either brick, stone, masonry, wood, or masonry composite is used on a majority (51 percent) of existing homes in the survey area, the infill development shall include and reflect the majority (51 percent) of the homes' building materials on the front, sides and rear of the structure as demonstrated in the community and if visible from a public right-of-way.

_____

(7)

Square footage requirements.

(8)

Foundations. Foundations shall reflect the character and style of homes in the survey area. However, no foundation shall have exposed concrete. Concrete foundations, where exposed, must be covered in stucco, brick or other approved masonry material used in the majority of the homes in the survey area.

(9)

Fireplaces and chimneys. Where the majority (51 percent) of existing homes in the survey area have fireplaces and chimneys, the infill home shall include fireplaces and chimneys to reflect the character and style of homes in the survey area. Chimneys shall be covered in stucco, brick or other approved masonry material, unless a different material is used in the majority (51 percent) of the existing homes in the survey area and shall terminate at finished grade.

(10)

Front porch or stoops. Where the majority (51 percent) of existing homes in the survey area have a functional front porch or stoop, or similar front entry feature, the infill home shall have such a feature. The inclusion of these features shall be consistent with the setbacks of the applicable zoning district. Architectural features and dimensions shall conform to those of the majority (51 percent) of homes in the survey area.

(11)

Overhangs. The roofs of all infill homes shall be constructed in such a manner as to provide soffits (i.e. the horizontal underside of the eaves) that extend a maximum horizontal distance of one foot beyond the face of the exterior walls.

(12)

Lot frontage. Lot frontage for infill homes shall not vary more than ten percent from the average lot frontage of existing homes in the survey area.

(13)

Front yard setbacks. The front yard setbacks shall comply with the requirements of the applicable zoning district.

(14)

Landscaping. Landscaping of the infill lot following construction of the dwelling shall be compatible and reflect the landscaping of the homes in the survey area, subject to the requirements of the tree protection and landscape ordinance. Effect shall be made to preserve or replace specimen trees in accordance with the tree protection and landscape ordinance.

(f)

Relief. To apply for relief from any of these requirements, the property owner, or his or her representatives, may file for a variance with the planning and zoning commission. That variance shall be considered in conformance with the procedures and standards contained in article VI, Appeals.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2017-04, § 1(Exh. A), 5-22-2017; Ord. of 10-28-2019(1))

The public participation program is in place to ensure that applicants pursue early effective public involvement in conjunction with their petitions, ensure that the citizens of the city have an adequate opportunity to learn about petitions that may affect them, and to ensure ongoing communication between applicants, adjoining property owners, neighborhood groups, community associations and other organizations, elected officials and city staff. A minimum target area for public participation shall be a 500-foot radius from the affected property. At the director of planning and zoning's discretion, a greater distance may be required. Applicants are required to submit a public participation plan for meeting with interested citizens to advise residents of residential infill applications and to allow citizens the opportunity to discuss concerns and provide input about project design or development. An applicant's responsibilities are to inform the public, solicit input, and provide a summary of these activities in the form of a written report.

The requirement for a public participation plan does not give communities decision making powers. Applicants are encouraged to listen to the concerns of the community and seek to reach a consensus on the outstanding issues. A refusal by the community, as defined in section 80-474, to meet with applicants or to return the completed and signed departmental documents does not mean that the applicant fails to meet the requirements of the public participation program.

Public participation plans are required with all residential infill applications and must be filed simultaneously with the application. An application for building permit may be denied by the department of planning and zoning if the report is not submitted as required.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

Every application for residential infill shall include a public participation plan.

Minimum Standards:

(1)

Identification of all property owners within 500-foot radius of the site, area neighborhood groups, community associations, other organizations and any political subdivision of the state (elected officials) which may be affected by an application. This list is known as the "community" for the purposes of public participation.

(2)

Detailed explanation of how interested parties, including but not limited to the community, will be informed of a residential infill. At the least, by certified mail and a sign posted on the property ten business days prior to the meeting.

(3)

Methods for providing opportunities for discussion with interested parties, including but not limited to the community, before meetings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties, including but not limited to the community, of the purpose, place and time of meeting.

(4)

Applicant's schedule for completion of the public participation plan.

(5)

Site plan and sketches, including at least the building footprint and front and side elevations, of any structure to be built (the "site plan".)

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Every application for residential infill is required to provide a public participation report which shall include the items listed below:

(1)

Provide a list of all parties, including but not limited to the community, that were contacted, the methods of notification that were used, and copies of all notification letters.

(2)

Provide a copy of letter of notification to impacted adjacent property owner.

(3)

Provide dates and locations of all community and/or other meetings that were attended by the applicant to discuss an application. Attach meeting notices, letters, etc.

(4)

Provide the number of people who participated in meetings held to discuss an application. Attach sign-in sheets.

(5)

A summary of concerns and issues expressed by interested parties.

(6)

A summary of the applicant's response to concerns and issues.

(7)

A signed copy of the notification form, provided by the planning and zoning department, signed by both the applicant and a representative of the community or other interested parties presented to.

(8)

Applicant shall attach a copy of the site plan, as referenced in subsection 80-474(5), presented to the community representative and/or other interested parties.

(9)

Applicant shall bring to the community meeting copies of the site plan, as referenced in subsection 80-474(5), which can be distributed and kept by the community. (Size not to exceed 11 by 17 inches.)

(10)

Applicant shall conduct an additional community meeting if any modifications are made to the application after it has been reviewed by the appropriate property owners, neighborhood groups, community associations other organizations and any political subdivision of the state (elected officials) affected by the application.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

The affected community and/or other interested parties shall also fax, mail, e-mail or hand deliver to the department of planning and zoning a copy of the signed notification form by both parties in order to insure that the information submitted by the applicant reflects what was presented to the community and/or other interested parties. The form must be submitted within five days after the scheduled meeting. If the form is not submitted, the information submitted by the applicant will be deemed to be the information presented to the community and/or other interested parties. A refusal by the community and/or other interested parties to return this form does not mean that the applicant fails to meet the requirements of the public participation program.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)