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2006 Ordinances
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5/8/2007 1:22:57 PM
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3/13/2006 8:54:41 AM
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<br />two-year period, then the developer must complete construction of the proposed <br />development within five years of the date of the approval of the site plan. However, the <br />dcveloper may petition the planning commission for a one-year extension of the phasing <br />schcdule or the expiration deadline, as the case may be. Such petition shall not be <br />approved if made more than 90 days after the permit has expired. The planning <br />commission shall grant such extension if it believes the developer has moved with <br />dispatch to execute the approved project. Notwithstanding the provisions of this section, <br />a housing use permit for a traditional neighborhood development (TND) overlay district <br />shall expirc as prO\ ided in section 40-49(g). <br /> <br />Sec. 40-116. Standards for housing use permits. <br /> <br />The city council may approvc a housing use permit application only if it finds the <br />following: <br /> <br />(a) The proposed project is compatible with surrounding land uses; <br />(b) The density of the project does not exceed the maximum allowable density <br />for the zoning district, and, where applicable, the floor-area ratio of the project does not <br />exceed the maximum allowable floor-area ratio for the zoning district; <br />(c) The project as a whole conforms to applicable requirements for minimum <br />required floor area for dwelling units, minimum allowable area for dwelling units, <br />maximum allowable area for the number of dwelling units and the maximum allowable <br />area devoted to residential purposes; <br />(d) The quantity, quality, utility, size and type of the project's open space and <br />landscaping improvements is sufficient to offset the decreases in dimensional <br />rcquirements or other deviations from the zoning district in which the project is located; <br />(e) The project's intcrnal traffic circulation system is adequate to provide for <br />the convenient and sate movement of vehicles and pedestrians, and the project will not <br />cause surrounding streets and roads to cxceed their safe capacities; <br />(I) rhe quantity. quality, utility and type of the project's community and <br />common facilitics are sufficient to offset the dccreases in dimensional requirements and <br />other deviations from the zoning district in which the projcct is located; and <br />(g) The project complies with the standards for approval of a use permit set <br />forth in section 40-106. <br />(h) The project provides parking, building access and pathways for persons <br />with disabilities in accordance with the requirements of the Americans with Disabilities <br />Act. <br /> <br />Sec. 40-117, Spccial yard setback requirements. <br /> <br />Thc following special yard setback requirements shall apply along all lot lines <br />adjoining property which is included in any RS, RM, RT or historic district and which is <br />actually occupied by single-family (attached or detached) or two-family dwellings. <br />The yard setback along such property lines shall be those applicable to the adjoining <br />property, regardless of whether the housing project is in the same district, and the yard <br />setback requirements shall be l1lodiJied as follows: <br />
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