Zoning incentives
The planning commission may award a zoning incentive so as to increase the number of dwelling units in a conservation development beyond the basic maximum number; provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.5. An incentive may be awarded in the following circumstances:
(1) The number of single household dwelling units in townhouses only having one or fewer bedrooms, including so-called "studio units" may be increased by a factor of 1.5 for the purpose of calculating the basic maximum number; and/or,
(2) The number of single household dwelling units in townhouses only having a maximum of two bedrooms may be increased by a factor of 1.5 for the purpose of calculating the basic maximum number; and/or
(3) Where the planning commission determines that occupancy of the dwelling unit in the conservation development is limited to adults 55 years of age or older, subject to the exceptions set forth in the Federal Fair Housing Act, the Basic Maximum Number of permitted dwelling units in the development may be increased by a factor of 1.5; and/or,
(4) Where the planning commission determines that the amount of open space area provided in the entire conservation development exceeds the minimum amount as provided in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:
Amount of Open Space Provided Permitted Increase in Density More than 10 to 20 percent more than minimum Factor of 1.05 More than 20—50 percent more than minimum Factor of 1.1 More than 50 percent above minimum Factor of 1.15
(5) The planning commission may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the comprehensive plan.
In such cases, the planning commission may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one. Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning commission as a condition of approval. This dwelling may contain more than two bedrooms.
(6) Zoning incentives pursuant to this section shall not be permitted in a groundwater overlay district.
In computing the number of incentive dwelling units, all figures shall be rounded down. Except as provided in subsection 21-215(e) above, dwelling units qualifying as incentives herein shall be subject to deed restrictions approved by the planning commission's legal counsel limiting the number of bedrooms to two or less.
(Ord. No. 06-06, § 4, 4-10-2006; Ord. No. 07-23, § 6, 9-24-2007)