A. Purpose.
1. To mitigate the impact of two-story development on adjoining one-story residential development by reducing views into the side and rear yards of existing adjoining developments.
2. To encourage less intrusive siting of two-story development in residential zones.
B. Definitions. For purposes of this section only:
1. Existing dwelling: A permitted residence that has had a final inspection.
2. Two-story residential buffer setback: The sixty-foot setback between a proposed two-story development and existing one-story residential development's property line. The setback shall be measured from the two-story portion of the proposed new development.
C. Applicability.
1. A two-story residential buffer setback shall be required adjacent to all two-story development adjoining to RH, GR-1, SH, SR, SR-2, CR-1, CR-2, CR-3, MU residential and CMH-1 zones or adjacent to any zone in another jurisdiction with a lot size approximately equivalent to the above named zones where the lot or lots in question are adjacent to existing one-story dwellings. The buffer setback applies to property zoned SP only when the SP lots are at the edge of the SP zone.
2. A two-story residential buffer setback shall be required when a new two-story dwelling is being constructed on a vacant lot in a subdivision that was recorded more than ten years ago, and the subdivision contains existing one-story dwelling units.
D. Exceptions. The following are exceptions to this section:
1. The applicant obtains an approved mitigation plan. The applicant shall prepare a mitigation plan showing how the proposed two-story dwelling units or buildings will not intrude on the privacy of existing one-story residences. The mitigation plan is subject to review by, and must receive approval from, the planning and zoning commission and thereafter must be implemented subject to all conditions of approval; or
2. The applicant obtains the consent of adjacent property owners. The applicant shall submit to the development services department a recorded agreement among adjacent property owners of lots having an existing one-story dwelling stating a two-story building is acceptable; or
3. The applicant provides documentation that non-consenting adjacent property owners do not have an existing one-story home within 100 feet from the proposed two-story development. The applicant shall submit a site plan prepared by a registered surveyor, registered architect, or other similar registered professional showing that the distance between the closest point of an existing one-story dwelling on adjoining property and the proposed two-story dwelling is at a minimum 100 feet, measured from the closest point of the two-story portion only; or
4. The applicant shall demonstrate that the highest point of the proposed two-story structure is equal to or below any non-consenting adjacent property owner's existing one-story residence's finished grade; or
5. The proposed two-story development is on a lot within the internal area of a subdivision when the subdivision is developed under the cluster development option, lot reduction option, lot development option, or conservation subdivision and both the two-story development and the existing one-story residence are located on lots under one acre in size.
E. Mitigation Plan Review Process. The Mitigation Plan Review Process is as follows:
1. Within the two-story residential buffer setback, a mitigation plan shall be approved by the planning and zoning commission at a public hearing after notice has been provided by mail fifteen days prior to the hearing to all owners of property within three hundred feet. The mitigation plan shall be submitted to the development services department and must meet department submittal policies.
2. A mitigation plan shall include screening or siting elements as needed that may include vegetative screening, walls, siting of buildings or windows, and eliminating balconies or similar features to reduce views towards the existing dwellings.
3. Appeal from a decision of the planning and zoning commission may be made to the board of supervisors within thirty days of the decision.
4. If a two-story residential buffer setback mitigation plan is approved by the board of supervisors as a condition of rezoning or of a special action, then the two-story residential buffer setback requirement may be satisfied so long as that plan is implemented.
F. Fees. A review fee that is the equivalent to the fee for a board of adjustment variance is required for mitigation plan review.
(Ord. 2007-101 § 1, 2007; Ord. 2004-20 § 1, 2004)