Loading...
(a) This division only becomes applicable to a lot in an SAH district when an application is made for a building permit that would increase the dwelling unit density permitted in that district above the number permitted by right.
(b) The city council may impose an SAH requirement in a planned development district that allows 15 or more multifamily dwelling units in the district. The requirement, if imposed, must be reasonably consistent with the standards and purposes of this division and must be a part of the ordinance establishing or increasing the size of the district. (Ord. 21663)
The board of adjustment may grant a special exception to authorize a reduction in the number of SAH units required under this division if the board finds, after a public hearing, that:
(a) the units have remained vacant for six months or more; and
(b) good faith efforts to lease the units to lower income families were made during their vacancy.
In granting a special exception under this section, the board shall establish a termination date for the special exception, which may not be more than one year after the date of the board’s decision. This provision does not preclude the granting of additional special exceptions in accordance with this section. The two year limitation on a request for a property in Section 51A-4.703(e) does not apply to this section. (Ord. 21663)
(a) In general. Regulations for SAH districts in Article IV specify the dwelling unit density permitted by right. A density bonus may be obtained in these districts if one or more SAH units or an in-lieu payment is provided in accordance with this division. Prior to the issuance of a building permit that would increase the dwelling unit density in a SAH district above the number permitted by right, an application for a density bonus must be submitted to and approved by the director.
(b) Application. An application for a density bonus must be filed with the director on a form provided by the city. The application must include the following:
(1) the date, names, addresses, and telephone numbers of both the property owner and the person preparing the plan;
(2) lot and block description, the zoning classification, and the census tract of the lot for which the density bonus is requested;
(3) the dwelling unit density proposed for the lot and the dwelling unit density permitted by right;
(4) the number of SAH units required as a result of receiving the density bonus;
(5) if applicable, where the SAH units will be provided, including the lot and block description, the zoning classification, and the census tract of the lot where the SAH units will be located;
(6) if applicable, the amount of the in-lieu payment that will be provided;
(7) any other reasonable and pertinent information that the director determines to be necessary for review. (Ord. 21663)
(a) The director shall approve an application for a density bonus that complies with the standards in Subsection (b).
(b) Standards.
(1) An SAH unit provided to qualify a lot for the density bonus must be:
(A) within three miles of the lot receiving the density bonus;
(B) on a lot where no more than 30 percent of the dwelling units are SAH units;
(C) in a non-minority concentrated area; and
(D) in compliance with all city ordinances.
(2) An SAH unit provided to qualify a lot for a density bonus may not be used to qualify another lot for a density bonus.
(3) The design of SAH units must be equivalent to the design of other units located on the same lot. It is recommended that the materials of SAH units be equivalent to the materials of other units located on the same lot. The size of bedrooms in SAH units must be consistent with the size of bedrooms in other units located on the same lot.
(4) Of the SAH units provided, 21 percent must have one bedroom, 45 percent must have two bedrooms, 28 percent must have three bedrooms, and five percent must have four bedrooms. In determining the number of units to be provided, fractional units are counted to the nearest whole number, with one-half counted as an additional unit. (Ord. Nos. 21663; 31607)
(a) Timing. The director shall make a decision regarding the application for a density bonus within 10 working days after a complete application is filed. An application will not be considered complete until all the information required by Section 51A-4.905 is provided.
(b) Failure to act. If the director fails to make a decision regarding the application within the 10-day period, it is approved subject to compliance with all applicable city ordinances.
(c) Form of decision. The decision of the director must take one of the following three forms:
(1) Approval, no conditions.
(2) Approval, subject to conditions noted.
(3) Denial.
(d) Approval with no conditions. If there are no grounds for denying or modifying the application, the director shall approve it with no conditions.
(e) Approval subject to conditions noted. As an alternative to denial of the application, the director may approve it subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the director approves it subject to conditions noted, he or she shall state in writing the specific requirements to be met before it is approved.
(f) Denial.
(1) Grounds for denial. The director shall deny the application if:
(A) it does not contain all required information; or
(B) an SAH unit required to be provided in order to obtain a certain density bonus in accordance with this division is not provided.
(2) Statement of reasons. If the director denies the application, he or she shall state in writing the specific reasons for denial.
(g) Notice of decision. The director shall give written notice to the applicant of his or her decision regarding the application. Notice is given either by hand delivery or by depositing the notice properly addressed and postage paid in the United States mail. If the notice is mailed, it must be sent to the address shown on the application. (Ord. 21663)
Loading...