The residential infill district is an "overlay" district that is designed to promote the highest and best use of residential real estate by permitting the cost-effective development or redevelopment of residential property in limited areas within the city, under carefully controlled conditions, and in ways that will serve the purpose of the zoning ordinance without compromising the unique character of the residential districts within the city. More particularly, the creation of a "residential infill" zoning classification serves the following purposes:

(1)

To permit additional, high-quality residential land use and development options for "transitional" zones between existing commercial and/or business uses and residential districts, the effect of which would be to maintain the residential character of existing residential districts while simultaneously discouraging objectionable nonresidential encroachment into such districts;

(2)

To permit and promote the coordination and integration of compatible uses, architectural styles, and functional considerations between designated "village districts" within the city and surrounding residential neighborhoods;

(3)

To encourage desirable development or redevelopment within the "village districts" by enhancing pedestrian access to and patronage of shops, stores, restaurants, and service establishments within such districts;

(4)

To maintain or enhance the fair market value of residential property within the city;

(5)

To serve the foregoing objectives, the purposes of the zoning ordinance, and the purposes of the city's master plan by permitting the full and effective use of land through modification of, flexible application of, or exemption from otherwise applicable zoning requirements, but with imposition of site-specific requirements and restrictions that are designed and intended to ensure appropriate use and development of the property.

(Ord. No. 1526, § 1, 5-13-02)

(a)

Detached single-family dwellings.

(b)

Accessory structures; accessory buildings customarily incidental to residential occupancy; provided, that no accessory building may be used as a dwelling, or occupied by any person, either on a long-term or temporary basis; further provided, that such prohibition shall not apply to any accessory building which was designed for human habitation and was in existence or in the process of construction on June 28, 1993;

(c)

Gardens and greenhouses customarily incidental to residential occupancy; provided, that the products grown there may not be sold on the premises.

(Ord. No. 1526, § 2, 5-13-02; Ord. No. 1972, § 1, 2-27-17)

(a)

Minimum site area: None.

(b)

Maximum density: Regarding the development taken as a whole, the average lot size shall be 6,000 square feet of land area; however, the city may require lower densities to achieve compatibility with the nature, density, and character of surrounding property.

(c)

Minimum yards, setbacks, and building separation: No structure shall be located closer than ten feet from any adjacent residential property; provided, however, that the city may require additional setback area, buffers, greenbelts, or other landscape feature to achieve compatibility with the nature, density, and character of surrounding property. All buildings shall be located so as to conform to the Southern Standard Building Code and the Standard Fire Prevention Code, both as may be adopted and amended by the city.

(d)

Minimum lot frontage on a public street: None; however, all lots shall either adjoin a public street or have access to a public street via a recorded easement or a private right-of-way.

(e)

Maximum building height: Two and one-half stories or 37½ feet, provided that a lower building height may be mandated in order to achieve the purposes of this article.

(Ord. No. 1526, § 3, 5-13-02)

All proposed public streets and improvements shall meet or exceed the minimum standards established by the Mountain Brook subdivision regulations. The city shall determine whether private streets or roadways are appropriate for the proposed development, based upon its master development plan review, considering the size of the development, density, relationship to the surrounding area, and public safety.

(Ord. No. 1526, § 4, 5-13-02)

Driveways, parking areas, and related improvements shall be privately owned. Convenient offstreet parking shall be provided for all dwelling units. All parking spaces, driveways, and other areas necessary for the maneuvering of motor vehicles shall be arranged so as to provide convenient access to a paved street or alley. Sidewalks, parking spaces, driveways, and maneuvering areas shall be paved and shall have adequate storm drainage facilities. All driveways, parking areas, and steps shall be adequately lighted.

(Ord. No. 1526, § 5, 5-13-02)

(a)

Utilities. All utility lines shall be placed underground.

(b)

Fire protection. All buildings or structures must be located no farther from a fire hydrant than may be reached with 500 feet of hose.

(c)

Separate ownership. Each dwelling shall be situated on a separate lot, unless the development is a condominium which use shall be permitted in the residential infill district.

(d)

Title to property. All common areas, such as private streets, driveways, parks, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements shall be privately owned, and title thereto may be held by a trustee for the benefit of the residents of such development, by a private corporation, by an association of the residents thereof, or as undivided interests owned by the owners of the lots within such development. Such trustee, corporation, association, or owners (jointly and severally) shall be responsible for the proper care and maintenance of such streets and other property and improvements.

(e)

Documentation of maintenance of improvements. Prior to final plat approval of a subdivision for a residential infill development, the developer shall submit to the city clerk appropriate legal documents that provide for adequate maintenance of private streets and driveways, parks, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements located within the common areas.

(Ord. No. 1526, § 6, 5-13-02)

Each application for residential infill zoning shall be accompanied by a master development plan. The master development plan shall contain the following information, in addition to the general requirements for a zoning amendment found in article XXV of the city's zoning ordinance:

(1)

Written documentation, including:

a.

A legal description and confirmation of current zoning of the subject property.

b.

The names and addresses of the applicant and owner of the property.

1.

If a corporation, the principal officers and members of the board of directors must be provided.

2.

If a partnership or limited liability company, general and managing partners must be provided.

3.

A statement of development objectives to be achieved through the particular approach proposed by the applicant, including a detailed description of the character of the proposed development and its relationship to surrounding areas.

4.

The substance of covenants, easements, and other restrictions that will be imposed on the use of the subject property, structures, and other improvements.

5.

A plan for the ownership and perpetual maintenance of private streets, driveways, parks, buffers, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements of the proposed development.

6.

A statement describing how the proposed development will minimize the impact of increased densities, including a description of any buffers, landscape features, specialized lighting or other character or feature of the development that will maintain residential privacy, both within the zone and for surrounding properties, and otherwise offset increased density.

7.

A written description of all efforts made to contact and discuss with neighboring residential property owners the proposed development, along with a general statement of neighborhood concerns and proposed actions to address said concerns.

8.

A traffic study analyzing the impact of the development on traffic volume, flow and public safety.

(2)

A site plan, which shall include the following items, either on the site plan or on an accompanying document.

a.

North arrow, scale, size, boundary lines, and dimensions of the subject property;

b.

Means of access to and from the development, including a delineation as to how said access is to be provided (e.g., identification of easements, etc.);

c.

The areas to be devoted to each use;

d.

The location, size, and character of any common spaces and improvements identifying the nature and type of material for such improvements, if applicable;

e.

Streets, driveways, and sidewalks;

f.

A grading plan identifying existing and proposed contours;

g.

A general landscape and buffer plan identifying the nature and type of materials proposed to be utilized;

h.

An exterior lighting plan;

i.

A preliminary drainage plan that indicates the location of proposed detention areas;

j.

Location and identification of all utilities, easements, and fire hydrants;

k.

General location of structures and the minimum floor area, height, and number of floors to be proposed in each dwelling;

l.

A rendering generally describing the conceptual character of the development and of individual structures, including examples of architectural styles and types of building materials to be utilized in the development;

m.

Building setbacks from the boundaries of all property lines, proposed lot lines, public and private streets, and other buildings;

n.

The number, location, and size of all parking spaces and the locations thereof relative to the streets and driveways that provide access to and from the development; and

o.

Description of all paving materials for private improvements.

(Ord. No. 1526, § 7, 5-13-02)

(a)

Application process and preliminary conference.

(1)

Except as provided to the contrary in this section, applications for zoning or rezoning property to a residential infill classification shall follow the application procedures established for all zoning or rezoning applications.

(2)

At least 30 days prior to the first public meeting at which the proposed rezoning is to be considered, the applicant shall meet with the city's zoning officer to review the application and master development plan and to discuss any revisions thereto that would, in the view of the zoning officer, bring the plan into conformity with applicable city codes and ordinances, including the zoning ordinance, and which would better meet the objectives of this article.

(3)

Following the aforementioned meeting and any revision to the plan agreed to as a result thereof, the application shall be set for consideration by the planning commission at the earliest practicable date, taking into account any notice and hearing requirements that must be met in connection therewith.

(b)

Review by planning commission. The approval process shall comply both with procedures set forth in article XXV of this chapter for a zoning amendment and any additional procedure required by this article. After submission of a master development plan by the applicant, the proposed residential infill development shall be placed on an agenda of the planning commission for consideration. The planning commission shall hold a public hearing on the residential infill zoning application and make a recommendation to the city council thereupon in accordance with article XXV, section 129-431, of this Code. The commission may consider all factors allowed by law in making its recommendation and should specifically consider the compatibility of the project with surrounding property, the impact of the project on surrounding uses, the conformity of the project with the objectives of the city's master plan, and the purposes of the residential infill district.

(c)

Review by and final action by the city council. Following action on the rezoning application by the planning commission, the commission shall forward its recommendation and any accompanying report on the application to the city council, along with the proposed master development plan and any related documents. After providing notice of the proposed rezoning and a public hearing thereupon in the manner provided by the Code and by applicable law, the city council may approve the rezoning request (with accompanying master plan) as submitted, approve the rezoning request conditionally, amend and approve the rezoning request, or deny the rezoning request. In reviewing and acting on the rezoning request, the city council may consider any permitted by law, and specifically the compatibility of the project with surrounding property, the impact of the project on surrounding uses, the conformity of the project with the city's master plan, and the purposes of the residential infill district. In approving any application for residential infill zoning, the city council may impose such terms, conditions, restrictions, or limitations as it deems reasonable, appropriate, and necessary to meet the objectives of this article or to protect and promote the health, safety, and welfare of the city.

(d)

Binding effect of approved master development plan. The master development plan that is required to be submitted with an application for zoning or rezoning shall be deemed an integral and essential element of any zoning or rezoning approved hereunder; and the plan, if and as modified and approved by the city council, shall be binding on the property and any subsequent development thereof unless and until the property is subsequently rezoned or modified in the manner prescribed by law; provided, however, that in order to accommodate such minor adjustments to the approved master development plan as may be required by engineering or other circumstances unforeseen at the time of its approval by the city council, the city's zoning officer is authorized to approve alterations to the master development plan which, in his opinion, are incidental or minor in scope, and which maintain the intent and character of the approved master development plan; further provided that, as an overlay district, approval of a residential infill zoning classification shall not preclude use or development of property that is permitted under its underlying zoning classification.

(Ord. No. 1526, § 8, 5-13-02)