§ 11-56-2 — AUTHORITY AND APPLICABILITY

11-56-2: - AUTHORITY AND APPLICABILITY

A. The Form-Based Code (FBC) replaces the zoning regulations for parcels designated with a Transect Zone. 1. Area of Initial Application. In its initial application, the FBC was applied to the Downtown and Pioneer/Temple Neighborhoods as a floating zone, as shown on Map 11-56-2.A.1 below. The rezoning to a designated transect zone is made effective through completion of the opt-in process (Subsections C and D, below). 2. Areas of Future Use. FBC and transect zones may be established in other areas of the City as set forth in Chapter 63: Smart Growth Community Plans (SGCP). 3. Relationship of FBC to Zoning Ordinance. This FBC is a subpart of the Zoning Ordinance. All provisions of the Zoning Ordinance apply within the areas mapped with Transect Zones unless otherwise provided in Article 6: Form-Based Code. 4. Applicability of Non-Transect Development Standards. The FBC shall be considered in combination with any applicable standards in Article 3: Overlay Districts and Chapter 31 of Article 3: Standards for Specific Uses. Requirements referenced in Chapter 30: General Site Development Standards may be applicable when directly referenced as part of a requirement of Article 6: Form-Based Code. [image omitted; see the official code] MAP 11-5602.A.1: DOWNTOWN AND PIONEER/TEMPLE NEIGHBORHOODS REGULATING PLAN B. Designation of Transect Zones, Status of Existing Zoning Districts, and Optional Use of Floating Zone. When adopting a regulating plan, the City Council may change the existing zoning district to a transect zone or retain the existing zoning district until such time as a property owner chooses to opt-in to the transect zone (floating zone). 1. When a floating zone is adopted, if the existing zoning district is retained, a property owner may continue to apply the standards of the non-transect zone to the entire parcel (see Subsection D, below) or, may choose to designate the entire parcel as, and apply the standards of a transect zone, pursuant to the Opt-in Procedures in this Section. 2. In no case may a parcel be developed using a mixed set of standards from both transect and non-transect zones at the same time, unless a transect requirement makes reference to a non-transect standard. C. Opt-In Procedures. To opt-in, a property owner shall sign before a notary public a "Form-Based Code Opt-In" form prepared by the Zoning Administrator and approved by the City Attorney's Office. 1. Such form shall state that the Transect Zone standards are in effect for the identified parcel(s) as of the signature date of the Opt-in Form. 2. The requirements of the previous zoning district are no longer applicable for that site. 3. Any future development shall conform with the standards of the FBC. D. Other Agreements. If conflicts occur between the requirements of this FBC and applicable standards adopted by City Council as part of any other agreement, the more restrictive requirements shall apply.

(Ord. No. 5948, § 1, 7-1-25)