105-70 Special Regulations for Residential Development

The provisions of Article VII, Chapter 8 (Special Regulations Applying to Large-Scale Residential Developments), shall apply except as modified by the provisions of this Section.

Any zoning lots developed, used predominantly for residential uses, may be treated as a large-scale residential development and authorizations or special permits for such zoning lot may be granted in accordance with the provisions of Article VII, Chapter 8, as modified herein or in Section 105-80 (JOINT APPLICATIONS), regardless of whether such zoning lot will have the area, number of buildings or number of dwelling units specified in the definition of large-scale residential development, as set forth in Section 12-10 (DEFINITIONS).

However, in R1 Districts located in the Special Natural Area District-1 (NA-1), no modification of minimum required lot area as set forth in Section 23-32 (Minimum Lot Area or Lot Width for Residences) shall be allowed for any development pursuant to paragraph (c) of Section 78-311 (Authorizations by the City Planning Commission) or Section 78-32 (Bonus for Good Site Plan) but modifications of required front or rear yards and height and setback regulations on the periphery of such zoning lot, pursuant to paragraphs (c) and (d) of Section 78-312 (Special permits by the City Planning Commission), shall apply. Modification of side yards of all zoning lots, including zoning lots in R1 Districts, shall be subject to the provisions of Section 105-432 (Modification of yard, height and setback regulations, and parking location regulations).

Bonuses which may be granted for large-scale residential developments, pursuant to Section 78-32 through Section 78-35 (Special Bonus Provisions), may not be granted for zoning lots which have less than 10 acres and less than the number of buildings or number of dwelling units required by the definitions of a large-scale residential development.

Commonly or separately owned areas containing natural features may qualify as common open space for purposes of satisfying open space requirements.

Approval by the Commission of a development plan incorporating natural features as common open space shall be conditioned upon the findings required in Sections 78-313 (Findings) and 78-52 (Common Open Space) with respect to the qualification of areas as common open space and upon additional findings that appropriate safeguards are provided for the protection and preservation of such natural features. In the case of natural features that are determined to have qualities of exceptional recreational, cultural or educational value to the public and that are directly accessible to the public from a public right-of-way, the applicant may request the City to take title or a less than fee interest in the property occupied by such a natural feature without any cost to the City or its designee for use and enjoyment by the public subject to the provisions of Section 105-60 (MAINTENANCE OF NATURAL FEATURES).

The regulations for developments or enlargements within lower density growth management areas are modified as follows:

(a)        Parking location regulations

Accessory parking spaces shall be permitted within a front yard.

(b)        Private road regulations

The provisions of paragraph (b) of Section 105-35 (Tier II Requirements for Driveways and Private Roads) shall apply to Tier II sites accessed by private roads.