The purpose of this article is to encourage flexible development regulations that may include an array of strategies to allow deviation from standard development regulations in certain cases. This deviation could be in setbacks, lot sizes, parking requirements, height, and more. By permitting flexibility in certain cases, development can become more affordable and allow for greater housing diversity, which can in turn affect housing prices.

(Ord. No. 2016-11, § 1, 6-16-16)

To encourage and facilitate creative construction projects that serve a public or community purpose, the commission will consider and the city council may grant reasonable development bonuses and allowances. Eligible projects might include but not be limited to:

(1)

Development that dedicates land or property for public benefit, i.e. parks, off-beach parking, utility and drainage easements and road rights-of-way;

(2)

Housing development restricted to long-term occupancy only; or

(3)

Unique residential construction or modification designed for workforce housing.

(Ord. No. 2016-11, § 1, 6-16-16)

Development bonuses and allowances might include but are not limited to:

(1)

Smaller dwelling unit size;

(2)

Higher density development projects;

(3)

Special residential use allowances;

(4)

Modification of street and sidewalk requirements;

(5)

Modification of lot requirements including frontage, total area and dimensions for certain types of development i.e. recreational vehicle/manufactured home parks and subdivisions and motor-court styled projects;

(6)

Modification to required on-site parking;

(7)

Consideration of residential housing types not specified in current ordinances;

(8)

Reduction in open space requirements;

(9)

Modification of set-back requirements; and

(10)

A legal reduction or waiver of any building/development fees.

(Ord. No. 2016-11, § 1, 6-16-16)

(a)

A flexible development proposal must clearly demonstrate how the project deviates from the City's existing design and construction standards and what public or community benefit will be realized.

(b)

Any housing related project requesting a development bonus or allowance to increase density (number of dwelling units) must prohibit the transient rental of the resulting additional dwelling units.

(Ord. No. 2016-11, § 1, 6-16-16)

(a)

Individuals, builders, developers: Anyone interested in applying for designation as a flexible development project whether or not they are seeking a development bonus or allowance must follow the requirements of city's planning review and permitting process as outlined in this chapter.

(b)

Staff: Shall evaluate the flexible development proposal as submitted and provide a recommendation to the commission for consideration.

(c)

Modification: Any proposed modifications to development projects that have been accepted for flexible development purposes, and that include an amendment to a flexible development eligibility feature or flexible development standard called out in the application materials submitted as part of the original proposal must be re-submitted to staff for evaluation and recommendation.

(d)

Notice: Written notice of a public hearing before the commission shall be given, no less than ten (10) days before the hearing, to all owners of real property, as they appear on the current city tax roll, within two hundred (200) feet of the property on which the flexible development change or special exception(s) is (are) proposed. Such notice may be personally delivered or mailed. If personally delivered, it shall be deemed to have been given on the date actually received, and if mailed, it shall be deemed to have been given on the date of deposit in an envelope properly addressed, postage prepaid, in an official depository of a United States Postal Service.

(e)

Planning and zoning commission: The commission will review any proposed flexible development projects considering guidance established in this chapter including the anticipated effect the proposed development could have on adjacent property and ensure resulting projects do not have an adverse effect on the value or area's established character.

(f)

City council: The city council shall receive the commission's recommendation and make the final determination after considering the matter.

(Ord. No. 2016-11, § 1, 6-16-16; Ord. No. 2019-01, § 1, 1-17-19)