(a)

The comprehensive plan for the city finds that many residential neighborhoods are experiencing pressures for new development, either in the form of infill development on formerly vacant or underutilized lots, or the redevelopment of low-density residential uses into higher-density residential developments. The comprehensive plan calls for land use regulations to prevent incompatible residential infill development, protect the integrity of neighborhoods, and balance the desire to preserve neighborhood character with the importance of good, quality reinvestment.

(b)

Prior to adoption of this revised Code, the R-I and N-C zoning districts permitted lot sizes of 10,000 square feet, which raised concerns during the comprehensive planning process since many of the city's neighborhoods zoned R-I contain lots that are approximately twice the minimum lot size. It was determined during the comprehensive planning process that residential infill development without restriction on such smaller lots would be incompatible with existing neighborhood character. Accordingly, the comprehensive plan calls for suburban residential development at a medium density (not to exceed two dwelling units per acre).

(c)

It was determined that, notwithstanding the overall density limitation of two dwelling units per acre, subdividers in R-I and N-C zoning districts should be permitted to subdivide with 10,000 square foot minimum lots, if quality and compatibility can be ensured. Accordingly, this chapter provides for by-right development of infill residential development projects that have higher densities than otherwise permitted in R-I and N-C zoning districts (i.e., the prior rights to subdivided 10,000 square foot minimum lots in these residential zoning districts are maintained), in exchange for assurances that residential infill and redevelopment will be of high quality and compatibility.

(d)

The process for acting on infill residential development projects is accomplished by filing additional requirements along with an application for preliminary plat approval, as more fully specified in this chapter.

(ULDC 2005, § 9-10-12-1)