SEC. 175.6. EFFECTIVE DATE OF THE EASTERN NEIGHBORHOODS ZONING CONTROLS.

(See Interpretations related to this Section.)

(a) Intent. It is the intent of this Section to provide for an orderly transition from prior zoning and planning

requirements to the requirements imposed in implementing the Eastern Neighborhoods Controls, without impairing the validity of prior actions by the City, or frustrating completion of actions authorized prior to the effective date of those Controls.

(b) Applicability. This Section applies only to the specific types of development projects identified herein and that are subject to changed regulations or procedures as a result of the Eastern Neighborhoods Controls and are located in an

Eastern Neighborhoods Mixed Use District or any PDR, R, or NC District located within the boundaries of the Eastern Neighborhoods Project Area pursuant to Section 423. This Section shall not apply to any other project.

(c) Definitions. The following definitions shall apply to this Section:

(1) "Eastern Neighborhoods Controls" shall mean all Ordinances adopted in furtherance of the Eastern Neighborhoods Area Plan Process, including but not limited to Ordinance Numbers 0297-09, 0298-08, 0299-08, 0330-08, 0302-08, 0304-08, 0305-08, and associated amendments to the Planning Code, Zoning Map, and Administrative Code.

(2) "Development Application" shall mean any application for a building permit, site permit, environmental review, Conditional Use or Variance.

(3) "Project Approval" shall mean any required approval or determination on a Development Application that the Planning Commission, Planning Department, or Zoning Administrator issues.

(4) "Code Conforming Project" shall mean a development project for which all required Development Applications could have received Project Approvals in accordance with the provisions of the Planning Code in effect when the first such application was filed with the Planning Department. Under no circumstances may a Code Conforming Project make use of any community plan intake process or fee schedule as set forth in Chapter 31 of the Administrative Code.

(5) "Entitled Project" shall mean any project for which a Project Approval was granted prior to the effective date of the Eastern Neighborhoods Controls and:

(A) that is not, and has not been, in violation of any time limits imposed pursuant to the Building Code or as a condition of approval of the project; and

(B) for which no certificate of occupancy or completion of any type has ever been issued.

(6) "Residential Project" shall mean any development project which includes at least one dwelling unit, group housing bedroom, or other residential use or uses.

(7) "Non-Residential Project" shall mean any development project which is not a Residential Project.

(d) Effect of Amendments on Approved Projects. A Development Application that would modify an Entitled Project shall be governed all current provisions of the Planning Code (including the Zoning Maps) exclusive of the Eastern Neighborhood Controls.

(e) Effect of Amendments on Projects for Which No Project Approval Has Occurred. A Code Conforming Project for which a Development Application first was filed with the Planning Department during any of the time periods identified in this Subsection and that did not obtain Project Approval prior to the effective date of the Eastern Neighborhoods Controls shall be governed by Subsection (d), above, except as specifically modified below:

(1) For Non-Residential and Single Room Occupancy (as defined in Sec. 890.88(c)) Code Conforming Projects that filed a first Development Application with the Planning Department prior to January 19, 2007 and for Residential Code Conforming Projects, excluding Single Room Occupancy projects, that filed a first Development Application with the Planning Department prior to April 1, 2006:

(A) Articles 1, 1.2, 1.5, and 2.5 of the Planning Code as amended by the Eastern Neighborhood Controls shall apply; and

(B) The Planning Director may grant an increase beyond the otherwise-superseded height limits of no more than 8 feet when an equal or greater increase would be allowed under the Eastern Neighborhoods Controls and when such increase is necessary to comply with Subsection (e)(1)(A), above.

(C) If compliance with Subsection (e)(1)(A) would require a substantial re-design of the project or a significant change to the type or size of uses originally proposed, the applicant may seek complete or partial relief from that requirement through the Conditional Use authorization process as set forth in Section 303.

(D) Additionally, for proposed residential uses in PDR Districts where such uses are not permitted under the Eastern Neighborhoods Controls, Subsection (e)(1)(A), above, shall apply as if the residential use were located in an Urban Mixed Use (UMU) District.

(2) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between January 19, 2007 and August 29, 2007:

• (A) Subsection (e)(1), above, shall apply;

(B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply, except that the fees set forth in Tables 423.3A and 423.3B, regardless of fee tier, shall be reduced to $3 per gross square foot of NonResidential Use; and

(3) For Non-Residential Code Conforming projects that filed a first Development Application with the Planning Department between August 30, 2007 and April 17, 2008 and for Residential Code Conforming Projects that filed a first Development Application with the Planning Department between April 1, 2006 and April 17, 2008.

• (A) Subsection (e)(1), above, shall apply:

• (B) The impact fees set forth in Section 423 of the Eastern Neighborhoods Controls shall apply; and

(C) The housing requirements for residential projects as set forth in Section 419 of the Eastern Neighborhoods Controls shall apply.

(Added by Ord. 115-90, App. 4/6/90; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (b), (e)(2)(B), (e)(3)(B), and (e)(3)(C) amended; Ord. 188-15 , Eff. 12/4/2015. Division (b) amended; Ord. 6320, Eff. 5/25/2020.