§ 25-2-1052. EXCEPTIONS.

(A)

This article does not apply to:

(1)

construction for a residential use that is permitted in an urban family residence (SF-5) or more restrictive zoning district and that complies with SF-5 or more restrictive zoning district site development regulations;

(2)

a structural alteration that does not increase the square footage, area, or height of a building; or

(3)

a change of use that does not increase the amount of required off-street parking.

(B)

This article does not apply if property that triggers the compatibility standards is located in an SF-5 or more restrictive zoning district and is:

(1)

in the 100-year floodplain, in a rural residence (RR) zoning district, and not developed with a single-family dwelling;

(2)

a buffer zone established before March 1, 1984;

(3)

a right-of-way, utility easement, or railroad line that is not located on property protected by this article; or

(4)

developed with a use not permitted in an SF-5 or more restrictive zoning district, if the use fronts on:

(a)

an arterial street defined by the Transportation Plan; or

(b)

an industrial street with a right-of-way of at least 80 feet.

(C)

For a property that contains a structure in which a use permitted in an SF-6 or less restrictive district is located and a structure in which a use permitted in an SF-5 or more restrictive use is located, this article does not apply to that portion of the property that is closer to the structure containing the use permitted in an SF-5 or more restrictive district.

(D)

This article does not apply to a passive use, including a park and hike and bike trail, in the 100 year flood plain if:

(1)

the requirements of Chapter 25-8 ( Environment ) are met; and

(2)

The use is within an easement dedicated to the City, if applicable.

(E)

For an area used or developed as a residential infill or neighborhood urban center special use in a neighborhood plan combining district, this article applies only to the property along the perimeter of the area.

Source: Sections 13-2-731(b), (c) and (e) and 13-2-737; Ord. 990225-70; Ord. 000406-81; Ord. 031211-11; Ord. 041202-16; Ord. 20050519-008; Ord. 20061130-064; Ord. 20090212-070; Ord. 20131017-046; Ord. No. 20160922-080 , Pt. 1, 10-3-16.