A. Unit Bonus: Notwithstanding any other provision of this article, and subject to the requirements set forth in article 28.5 of this chapter, a reviewing authority may permit, through an R-4 permit, a property owner to add one or more additional units above an existing carport or garage structure provided each of the following requirements is satisfied:
1. The site on which the additional unit (or units) will be constructed is zoned R-4;
2. The rear property line of the site on which the additional unit (or units) will be constructed abuts an alley;
3. The site on which the additional unit (or units) will be constructed is not adjacent to property in a single-family residential zone. For the purposes of this section, a site shall be considered "adjacent" to property in a single-family residential zone if the site shares a property line with a lot or parcel in a single-family residential zone or is separated from a lot or parcel located in a single-family residential zone only by a public street, alley, or other right of way. Notwithstanding the foregoing, a site shall not be considered "adjacent" to property in a single-family residential zone if the only portion of the site facing a lot or parcel in a single-family residential zone is the front property line of the site and the front property line is separated from a lot or parcel located in a single-family residential zone by a public street.
B. Standards: Upon application by a property owner in a form satisfactory to the director of planning and community development, any unit or units authorized pursuant to an R-4 permit issued pursuant to this section shall comply with all of the following standards and requirements:
1. Notwithstanding the density limits set forth in section 10-3-2801 of this article, any property that satisfies the requirements set forth in subsection A of this section may be permitted to add one unit. No more than one additional unit may be added to structures which are legally nonconforming as to density and in existence as of December 4, 2001. For all other structures, additional units beyond one may be permitted only if such additional units comply with the applicable density limits.
2. Notwithstanding the provisions of section 10-3-2802 of this article, each unit shall have a minimum floor area of four hundred (400) square feet and a maximum floor area of nine hundred ninety nine (999) square feet.
3. Each unit may provide a maximum of one bedroom.
4. Notwithstanding the provisions of section 10-3-2816 of this article, one parking space shall be provided for each unit constructed pursuant to subsection A of this section.
5. Notwithstanding the provisions of sections 10-3-2803 and 10-3-2817 of this article, no outdoor living space or guest parking shall be required for a unit constructed pursuant to subsection A of this section. In addition to the foregoing, the reviewing authority may reduce the existing outdoor living area in an amount necessary to accommodate any additional parking required for the additional unit or units.
6. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section shall not exceed a maximum height of twenty eight feet (28'), or the existing height of the principal building, whichever is less.
7. The minimum yard setbacks described in sections 10-3-2807 and 10-3-2808 of this article shall not apply to units constructed pursuant to this section, provided the proposed units comply with all applicable building code requirements and the reviewing authority makes the findings required by subsection C of this section.
8. The structure housing the garage or carport and the unit or units constructed pursuant to subsection A of this section meets or shall be rehabilitated to meet all current building codes and safety standards.
9. The architectural style of the structure housing the unit or units constructed pursuant to this section shall be compatible with the architectural style of the existing structure(s) on the site. To ensure compliance with this requirement, any unit or units constructed pursuant to this section shall be subject to the provisions of article 30 of this chapter concerning architectural review.
C. Findings: The reviewing authority shall not issue an R-4 permit for any unit pursuant to subsection A of this section unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on:
1. The scale and massing of the streetscape;
2. Neighbors' access to light and air;
3. Neighbors' privacy; and
4. The garden quality of the city. (Ord. 01-O-2388, eff. 1-4-2002; amd. Ord. 02-O-2394, eff. 3-22-2002)