(A) Intent. Infill development shall be considered to be new development, redevelopment or expansion of existing legally conforming or legally nonconforming uses that occurs in an area where at least 66% of all lots on both sides of the same street block as the subject lot have been developed into residential neighborhoods, whichever is applicable, and where infrastructure is already in place. It is the general intent of this section to:
(1) Accommodate growth by encouraging and facilitating new development on vacant, bypassed and underutilized land;
(2) Accommodate development in older, established residential neighborhoods or neighborhoods platted under a previous zoning ordinance;
(3) Encourage efficient use of land and public services;
(4) Provide developers and property owners flexibility so that they can achieve high quality design and develop infill projects that strengthen existing neighborhoods; and
(5) Improve approval certainty for infill development by providing clear infill development standards.
(B) General requirements.
(2) The development plan, site plan or minor plat shall incorporate the following elements to enhance compatibility with the surrounding community:
(a) Sidewalks that connect to the adjacent sidewalk system;
(b) Public streets that connect to the adjacent street pattern;
(c) Preservation of architecturally significant structures whenever feasible; and
(d) Setbacks, building envelopes, use and parking compatible with surrounding community.
(3) All new buildings (except accessory structures) shall have the primary entrance oriented to the street or public walkway, with direct, accessible and convenient pedestrian connections.
(4) Major subdivision for residential or nonresidential use shall not be allowed as infill development, and will be required to comply with Chapter 8.
(C) Permitted uses.
(1) Generally. Permitted uses shall be determined by the following subsections.
(2) Residential areas. Areas that are made up of predominantly residential uses but no longer permit residential uses may fall under the provisions of § 3.1(L)(2).
(a) One accessory apartment dwelling unit per lot may be allowed in addition to the principal dwelling unit. Accessory apartment dwelling standards can be found in § 7.10(C).
(b) Home occupations and home-based businesses are allowed in accordance with § 7.12.
(D) Lot and development standards. Density, design, materials, use and scale should reflect style, heritage and materials unique to each neighborhood.
(1) Lot size.
(a) Generally. Lot areas shall be dependent on proposed densities, floor area ratios, setbacks, building heights and neighborhood compatibility.
(b) Existing small lot amnesty. A legal lot of record that existed prior to the date of this ordinance, and is being used for infill or redevelopment may use the minimum lot standards that follow.
(2) Building height.
(a) Buildings shall conform to:
(1) Maximum heights allowed in the underlying zoning district in accordance with Table 4.2: Residential Districts Lot Standards; and
(2) A height that is equal to or the average of adjacent building heights.
(b) If the proposed building height(s) is greater than the allowed maximum, the proposed building or structure must meet the following criteria for community compatibility:
(1) Neighborhood scale;
(2) Privacy;
(3) Light and shadow;
(4) Views; and
(5) Architectural compatibility.
(3) Setbacks. Minimum setbacks shall be:
(a) As required in the underlying zoning district; or
(b) The average of the established front setbacks within the block or 600 feet on both sides of the lot parallel to its frontage, whichever is applicable.
(4) Bulk and scale. Bulk and scale shall be similar to and consistent with the surrounding neighborhood as evaluated by the bulk of buildings adjacent, abutting and surrounding the proposed development. Larger buildings should be designed to adhere to the existing architectural pattern of the surrounding neighborhood.
(5) Flexible standards. Flexible development standards to reduce lot area, width, setbacks, height and other standards may be permitted for infill and redevelopment at the discretion of the Planning and Zoning Administrator, subject to proof of good cause and benefit to the development and community and to address difficult sites which incorporate infill and redevelopment or rehabilitation. Building height and coverage may vary so long as the project average height is consistent with the neighborhood scale and architectural rhythm and does not constitute a disruptive condition in the identity of the area as described here or in subsection (E) below.
(E) Compatibility standards. Infill and redevelopment should provide exemplary site design, architectural design and high quality materials that are compatible with, and does not negatively alter the character of, the existing neighborhood. The applicant should refer to § 7.18.
(1) All infill and redevelopment uses shall meet the intent of this section and shall be compatible with existing or proposed uses, as identified in the comprehensive plan, in the general vicinity of the proposed development. The following requirements shall apply:
(a) Building size, height, bulk, mass, scale. Similar in height and size or articulated and subdivided into massing that is more or less proportional to other structures in the area, and maintains the existing architectural rhythm;
(b) Building orientation. Primary facades and entries face the adjacent street with a connecting walk-way that does not require pedestrians to walk through parking lots or across driveways;
(c) Privacy. Optimize privacy of residents and minimize infringement on the privacy of adjoining land uses by considering the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project, if applicable; and
(d) Building materials. Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing and the like to establish compatibility.
(2) All planned uses, building types and landscaping shall be included on the development plan, site plan or minor plat and shall demonstrate the relationship of the proposed development with existing off-site development in the context of the adjacent community. Compliance with these requirements shall in and of itself be deemed to create a presumption of compatibility.
(1) Open space. Nonresidential and multifamily infill development shall provide common public open space, if planned. An open space credit may be granted if a project is connected to and located within one-fourth mile of an improved public park or common area by a continuous public sidewalk.
(2) Landscaping. Natural vegetative features and existing trees shall be incorporated into the site design if practicable. Landscaping, buffering and other plant material requirements may be reduced at the discretion of the Planning and Zoning Administrator and approval of the Plan Commission. However, the intent of the landscaping to enhance and create a hierarchy of space shall remain. Buffering and screening of incompatible uses shall be maintained.
(G) Public facilities and utilities.
(1) Existing and planned public facilities should be shown on the development plan, site plan or minor plat.
(2) All public streets, walkways and alleyways shall be shown on the development plan, site plan or minor plat. All through streets and walkways shall be public. The local street and walkway system shall be safe, efficient, convenient, attractive and shall accommodate use by all segments of the population.
(a) The street and walkway system shall provide multiple, direct and continuous intra- and inter-neighborhood connections between destinations.
(b) The street network shall include sidewalks on both sides of the street.
(H) Parking. Flexibility for the number of parking spaces required by § 7.5 may be considered if the project is pedestrian-oriented and serviced within 600 feet by public parking.
(1) The parking plan may provide a combination of off-street and on-street spaces. On-street parking is encouraged.
(2) Shared parking is encouraged and shall comply with § 7.5(I).
(3) As is practicable, at-grade off-street parking areas should be located at the rear of dwellings in mixed-use or residential areas, with alley access.
(4) Bicycle spaces shall be provided per § 7.5(K).
(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)