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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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NS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)
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Last modified
10/24/2023 5:52:17 PM
Creation date
2/14/2023 9:56:52 AM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3038
Item #
6
Date
2/7/2023
Destruction Year
P
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(3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit <br />stating that the applicant intends to occupy one (1) of the dwelling units on <br />one (1) of the resulting lots as the applicant's principal residence for a <br />minimum of three (3) years after the urban lot split is approved. <br />(m) Notice of Construction. <br />(1) At least thirty (30) business days before starting any construction of a <br />structure on a lot created by an urban lot split, the property owner must give <br />written notice to all the owners of record of each of the adjacent residential <br />parcels, which notice must include the following information: <br />(A) Notice that construction has been authorized; <br />(B) The anticipated start and end dates for construction; <br />(C) The hours of construction; <br />(D) Contact information for the project manager (for construction -related <br />complaints); and <br />(E) Contact information for the Building & Safety Department. <br />(2) This notice requirement does not confer a right on the noticed persons or on <br />anyone else to comment on the project before permits are issued. Approval <br />is ministerial. Under state law, the City has no discretion in approving or <br />denying a particular project under this section. This notice requirement is <br />purely to promote neighborhood awareness and expectation. <br />(n) Deed Restriction. The owner must record a deed restriction on each lot that results <br />from the urban lot split, on a form approved by the city, that does each of the <br />following: <br />(1) Expressly prohibits any rental of any dwelling on the property for a period of <br />less than thirty (30) days. <br />(2) Expressly prohibits any non-residential use of the lots created by the urban <br />lot split. <br />(3) Expressly prohibits any separate conveyance of a primary dwelling on the <br />property, any separate fee interest, and any common interest development <br />within the lot. <br />(4) Expressly requires that any net new unit created as a result of the provisions <br />of this Division be deed restricted for affordable housing at the following <br />levels: <br />Ordinance No. NS-3038 <br />Page 42 of 54 <br />
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