CHAPTER 323 – NEIGHBORHOOD CONSERVATION

323.01   Neighborhood Conservation Plan

323.02   Criteria for Designation as Neighborhood Conservation Area

323.03   Contents of Neighborhood Conservation Plan

323.04   Rehabilitation and Conservation Defined

323.05   Conformity of Neighborhood Conservation Plan to General Plan and Workable Program

323.06   Provision to Prevent Recurrence of Substandard Housing, Building and Sanitary Conditions and Discrimination

323.07   Relocation of Displaced Families

323.08   Adoption of Plan

323.09   Public Hearing Required Before Plan Adopted

323.10   Notice of Hearing

323.11   Contents of Notice

323.12   Filing of Plan with Clerk of Council for Public Inspection

323.13   Contents of Ordinance to Approve Plan

323.14   Approval by Council is Authority for Expenditures

323.15   Amendment Authority of the Department of Community Development

323.16   Amendment Authority of Council

323.17   When Public Hearing and Notice Required

323.18   Administration of Neighborhood Conservation Plan

Cross-reference:
   Amending community development plan, CO Ch. 319
   Community development plan filed with Clerk of Council for public inspection, CO 317.01
   Determination of slum and blight, CO 313.02
   Evaluation of relocation payments for community development project, CO 321.05
   Project agreement for community development to prevent recurrence of slum and deterioration, CO 321.17
   Public hearing for community development plan; notice, CO 315.02 et seq.
   Rehabilitation and location housing for community development project, CO 321.16
   Workable Program for Community Improvements, CO 311.04

§ 323.01 Neighborhood Conservation Plan

   When the Department of Community Development, as a result of investigation and study, at the request of the Mayor or Council, or upon its own initiative finds that there exists an area of the City which meets the criteria set forth in Section 323.02, it shall prepare with the assistance of the Planning Commission, a plan for that “Neighborhood Conservation Area” which shall be designated “Neighborhood Conservation Plan”.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.02 Criteria for Designation as Neighborhood Conservation Area

   An area may qualify for designation as a neighborhood conservation area if the following requirements are met:

   (a)   A preponderance of the structures in the area must be in violation in at least one (1) instance of the provisions of these Codified Ordinances relating to housing or building, which violation is determined by the Commissioner of Housing or the Commissioner of Building to be a major structural, electrical, heating or plumbing violation, or must be in violation in at least three (3) instances of the provisions of these Codified Ordinances relating to housing, building or sanitation;

   (b)   At least sixty-five percent (65%) of the structures in the area must be residential in nature; and

   (c)   The area shall be an area in which the deteriorated conditions can be alleviated by a plan the predominant feature of which is rehabilitation.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.03 Contents of Neighborhood Conservation Plan

   A neighborhood conservation plan adopted pursuant to the provisions of the Charter and these Codified Ordinances may include limited acquisition and clearance, planning services relevant to rehabilitation and conservation and the provision for direct or indirect financing of such rehabilitation and conservation or any combination or part thereof, and shall include a land use plan showing thoroughfares and rights of way, location, character and extent of public and private land ownership, institutional or occupational public uses, use and occupancy purposes within the area, including any contemplated public housing.

   The plan shall designate the area of rehabilitation and conservation as may be proposed to be carried out in the plan, including a statement of methods and standards under which it is to be accomplished and the necessary conditions to be applied in order to extend the rehabilitation and conservation by the owners of existing properties, and a statement of the special conditions under which properties may be acquired. The plan or its supporting documentation shall include a statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic and transportation, public utilities, recreational and community facilities and other public improvements.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.04 Rehabilitation and Conservation Defined

   “Rehabilitation” and “conservation”, as used in this chapter, may include but shall not be limited to the restoration and renewal of an area or individual structures within an area or by carrying out plans for a program of repair and rehabilitation of buildings or other improvements, including the direct or indirect financing of the restoration or renewal, and the limited purchase repair and rehabilitation for guidance purposes and resale, and the purchase, rehabilitation, repair and retention for rental purposes or resale, and the purchase and resale for rehabilitation purposes by the City of structures located in the neighborhood conservation area which, under the plan, are to be repaired or rehabilitated for dwelling use or related facilities.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)