§ 10-4.110. New Two-Story Dwellings and Accessory Buildings, and Second-Story Additions.

The following regulations apply to lots located in the R-1 zone and to lots in R-2 and R-3 zones adjacent to the R-1 zone:

(a)

All new two-story dwellings and accessory buildings, and all second-story additions to an existing dwelling, balcony, or accessory building, including exterior alterations (such as a new window) to second-story portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director pursuant to Chapter 9, Article 10, for compliance with the Neighborhood Compatibility Guidelines as adopted and amended from time to time by City Council. A proposed project shall be subject to second-story development plan review if the proposed project has any of the following characteristics, as determined by the Director:

(1)

The height above grade to top plate line is at any point equivalent to two (2) stories or sixteen (16) feet or more.

(2)

Windows or balconies are provided at a height from which views of a neighboring rear yard and actively used side yard areas are readily visible.

(b)

Notwithstanding Section 10-4.110(a), above, projects that meet the following criteria are exempt from second-story development plan review.

(1)

The subject lot and adjacent residential lots were created by a final subdivision map recorded within the past ten (10) years. This exemption does not apply to any addition or exterior alteration to an existing dwelling. The term "adjacent residential lot" in this subsection means each lot zoned or used residentially that share a common property line or is separated by an alley or Collector or Residential Street to the subject lot, including those which touch only at a corner. See Figure 4.1-4.

(2)

The proposed exterior alterations to existing second-story portions of a dwelling or accessory building will have no impact on the privacy and use of neighboring rear yard areas and building massing is consistent with the neighboring dwellings, as determined by the Director.

(c)

In the R-2 and R-3 zones, any development of multiple family dwellings adjacent to property zoned R-1 that exceeds one (1) story shall be subject to development plan review by the Director in accordance with Section 10-4.110(a), except as specifically excepted therein.

Figure 4.1-4