2.2 Policy B – Separation of existing principal structures on non-conforming lots

2.2.1 Purpose.   

The policy recognizes that in neighborhoods that were developed prior to the adoption of Subdivision Regulations, multiple structures were sometimes developed on a single parcel. It is sometimes necessary for those historic buildings and development sites to occupy separate lots, which may be non-compliant with the minimum lot size requirements of the zoning district. Consistent with the Master Plan objective of promoting smart growth land use patterns, this policy allows for the creation of non-conforming lots where necessary to separate development sites which historically existed on a single parcel.

2.2.2 Eligible applications.   

Policy B can be used for minor subdivision applications that create new lots and/or shift existing lot boundaries to separate development sites in Historic Core and Historic Urban zoning districts, as designated by the Comprehensive Zoning Ordinance.

2.2.3 Review criteria.   

Policy B subdivisions require consideration by the City Planning Commission.  They shall be considered against the following criteria:

• The request to separate buildings involves only principal buildings or the approximate footprints of historic principal buildings which no longer exist, as documented on surveys, Sanborn maps, aerial photography, or other resources.
• The subdivision creates the fewest lots necessary to separate buildings and/or the approximate footprints of historic principal buildings which no longer exist;
• Proposed lot conditions comply as nearly as is practical with the applicable requirements of the Subdivision Regulations and the Comprehensive Zoning Ordinance while still accomplishing the policy’s intent of creating separate lots for separate buildings/historic building sites.
• The proposal is consistent with the Land Use Element of the Master Plan.

2.2.4 Authority to grant variances of zoning requirements.   

Unless and until the Comprehensive Zoning Ordinance is amended to give the City Planning Commission and its Executive Director the authority to grant variances of zoning requirements, variances of zoning requirements shall only be granted by the Board of Zoning Adjustments in accordance with Article 4, Section 4.6.C of the Comprehensive Zoning Ordinance.