(a) Findings and purpose.
(1) The city council finds that the construction of new single family structures that are incompatible with existing single family structures within certain established neighborhoods is detrimental to the character, stability, and livability of that neighborhood and the city as a whole.
(2) The neighborhood stabilization overlay is intended to preserve single family neighborhoods by imposing neighborhood-specific yard, lot, and space regulations that reflect the existing character of the neighborhood. The neighborhood stabilization overlay does not prevent construction of new single family structures or the renovation, remodeling, repair or expansion of existing single family structures, but, rather, ensures that new single family structures are compatible with existing single family structures.
(3) The yard, lot, and space regulations of the neighborhood stabilization overlay are limited to facilitate creation and enforcement of the regulations.
(4) Neighborhood stabilization overlay districts are distinguished from historic overlay districts, which preserve historic residential or commercial places; and from conservation districts, which conserve a residential or commercial area’s distinctive atmosphere or character by protecting or enhancing its significant architectural or cultural attributes.
(b) Definitions. In this section:
(1) BLOCKFACE means the linear distance of lots along one side of a street between the two nearest intersecting streets. If a street dead-ends, the terminus of the dead-end will be treated as an intersecting street.
(2) CORNER SIDE YARD is a side yard abutting a street.
(3) DISTRICT means a neighborhood stabilization overlay district.
(4) HEIGHT PLANE means a plane projecting upward and toward the subject lot from a point six feet above grade at the center line of the street adjacent to the front property line, and extending to the intersection of a vertical plane from the front building line with the maximum height established by the neighborhood stabilization overlay and continuing at the same angle to the maximum height of the underlying zoning. The height plane is illustrated below.
(5) INTERIOR SIDE YARD is a side yard not abutting a street.
(6) MEDIAN means the middle number in a set of numbers where one-half of the numbers are less than the median number and one-half of the numbers are greater than the median number. For example, 4 is the median number of 1, 3, 4, 8, and 9. If the set of numbers has an even number of numbers, then the median is the average of the two middle numbers. For example, if the set of numbers is 1, 3, 4, 6, 8, and 9, then the median is the average of 4 and 6, or 5.
(7) NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties within a proposed district.
(8) SINGLE FAMILY STRUCTURE means a main structure designed for a single family use, without regard to whether the structure is actually used for a single family use. For example, a house containing a child care facility is a single family structure, but an institutional building, such as a church or school, converted to a single family use is not.
(c) Petition, initiation, and process.
(1) Except as provided in this subsection, the procedures for zoning amendments contained in Section 51A-4.701, “Zoning Amendments,” apply.
(2) A neighborhood stabilization overlay may only be placed on an area that is zoned as a single family residential district and developed primarily with single family structures. A neighborhood stabilization overlay may not be placed on a conservation district or a neighborhood with a historic overlay. A neighborhood stabilization overlay may be placed on an established neighborhood even though it contains vacant lots. A neighborhood stabilization overlay may not be placed on a new subdivision being developed on a tract of land.
(3) A district must contain at least 50 single family structures in a compact, contiguous area, or be an original subdivision if the subdivision contains fewer than 50 single family structures. Boundary lines should be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two should be avoided. The minimum area of a subdistrict within a district is one blockface.
(4) The neighborhood committee may request a petition form by submitting a request to the department on a form furnished by the department. The request must include the boundaries of the proposed district. The boundaries of the proposed district must comply with the requirements of this section.
(5) As soon as possible after the department provides the neighborhood committee with a petition form, the department shall conduct a neighborhood meeting. The department shall give notice of the neighborhood meeting to all property owners within the proposed district as evidenced by the last approved city tax roll at least 10 days prior to the neighborhood meeting.
(6) The petition must be on a form furnished by the department. The petition form must include a map of the boundaries of the proposed district, a list of the proposed regulations, the name and address of all property owners within the proposed district, and a statement that by signing the petition the signers are indicating their support of the district.
(7) The petition must be submitted with the following:
(A) The dated signatures of property owners within the proposed district in support of the proposed district.
(i) For a proposed district with 50 or fewer single family structures, the signatures on the petition must be dated within three months following the date of the neighborhood meeting.
(ii) For a proposed district with more than 50 single family structures, the signatures on the petition must be dated within six months following the date of the neighborhood meeting.
(B) The application fee, if applicable.
(i) If a petition is signed by more than 50 percent but less than 75 percent of the lots within the proposed district, the application fee must be paid.
(ii) If a petition is signed by 75 percent or more of the lots within the proposed district, the application fee is waived.
(iii) If the proposed district is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(C) A map showing the boundaries of the proposed district.
(D) A list of any neighborhood associations that represent the interests of property owners within the proposed district.
(E) A list of the names and addresses of the neighborhood committee members.
(F) Any other information the director determines is necessary.
(8) A public hearing to create a district is initiated by submission of a complete petition or by authorization pursuant to Section 51A-4.701(a)(1).
(9) For purposes of Section 51A-4.701, “Zoning Amendments,” once a complete petition has been submitted to the director, the neighborhood stabilization overlay shall be treated as a city plan commission authorized public hearing. If the district is initiated by petition, the notice of authorization contained in Section 51A-4.701(a)(1) is not required.
(10) Along with any other required notice, at least 10 days prior to consideration by the city plan commission, the director shall mail a draft of the proposed neighborhood stabilization overlay ordinance and a reply form to all owners of real property within the area of notification. The reply form must allow the recipient to indicate support or opposition to the proposed neighborhood stabilization overlay and give written comments. The director shall report to the city plan commission and the city council the percentage of replies in favor and in opposition, and summarize any comments.
(e) Neighborhood stabilization overlay.
(1) In general.
(A) A neighborhood stabilization overlay is not required to specify standards for each category of yard, lot, and space regulation in this subsection, but if it does, the regulations must be selected from the options described in this subsection.
(B) The yard, lot, and space regulations of the neighborhood stabilization overlay must reflect the existing conditions within the neighborhood.
(C) Except as provided in the neighborhood stabilization overlay, the yard, lot, and space regulations of the underlying zoning remain in effect.
(D) The provisions of Section 51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or enlargement of nonconforming structures, remain in effect.
(E) The yard, lot, and space regulations of the neighborhood stabilization overlay apply only to single family structures.
(F) The yard, lot, and space regulations of the neighborhood stabilization overlay must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between the neighborhood stabilization overlay and Division 51A-4.400, the neighborhood stabilization overlay controls.
(2) Front yard setback. The minimum front yard setback must be within the range between the setback of the underlying zoning and the median front yard setback of single family structures within the district. This range may allow for a front yard setback that is greater or lesser than the front yard setback of the underlying zoning. For example, if the minimum front yard setback of the underlying zoning is 25 feet and the median front yard setback of single family structures within the district is 40 feet, the minimum front yard setback selected must be between 25 feet and 40 feet.
(3) Corner side yard setback. The minimum corner side yard setback must be within the range between the setback of the underlying zoning and the median corner side yard setback of single family structures within the district. This range may allow for a corner side yard setback that is greater or lesser than the corner side yard setback of the underlying zoning. For example, if the minimum corner side yard setback of the underlying zoning is five feet and the median corner side yard setback of single family structures within the district is 20 feet, the minimum corner side yard setback selected must be between five feet and 20 feet.
(4) Interior side yard setback. The minimum interior side yard setback must be within the range between the setback of the underlying zoning and the median interior side yard setback of single family structures within the district. This range may allow for an interior side yard setback that is greater or lesser than the interior side yard setback of the underlying zoning. For example, if the minimum interior side yard setback of the underlying zoning is five feet and the median interior side yard setback of single family structures within the district is 20 feet, the minimum interior side yard setback selected must be between five feet and 20 feet. The minimum side yard setback for each side yard may be separately established. For example, the minimum side yard on the west side may be five feet, and the minimum side yard on the east side may be 10 feet.
(5) Height.
(A) If the petition is signed by the owners of more than 50 percent but less than 60 percent of the lots within the district, height regulations may not be included in the overlay.
(B) If the petition is signed by the owners of 60 percent or more of the properties within the district, the maximum height selected must be selected from the following:
(i) If the median height of single family structures within the district is 20 feet or more, then the district height must be within the range between the median height of single family structures within the district and the maximum height of the underlying zoning.
(ii) If the median height of single family structures within the district is less than 20 feet, then the district height must be either the median height of single family structures within the district or within the range between 20 feet and the maximum height of the underlying zoning.
(C) If the district regulates height, single family structures may not be built to heights that exceed the height plane, except structures listed in Section 51A-4.408(a)(2). Height is measured from grade to the midpoint between the lowest eaves and the highest ridge of the structure. See Paragraph 51A- 2.102(47), “Height.”
(6) Garage access, connection, location. The garage access, connection, or location must be selected from one or more of the following options:
(A) garage access of:
(i) front entry;
(ii) side entry; or
(iii) rear entry;
(B) garage connection of:
(i) attached to the single family structure; or
(ii) detached from the single family structure; and
(C) garage location:
(i) in front of the single family structure;
(ii) to the side of the single family structure; or
(iii) to the rear of the single family structure. (Ord. 26161)