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Ordinance 003 DETAILED ANALYSIS



Ordinance Provision
Description
Implications
Lower FAR (Floor Area Ratio)
Lower FAR from 40% (NCL) and 50% (NCM) to sliding scale of 45% of first 3000SFT and 25% hereafter.
No distinction between Low Density (NCL) and Medium Density (NCM)
1.       Young people and families will not buy into the area because they can’t add to their home as their income and families grow.
2.       FACT: 85% of the Old Town lots will not be able to have a 2400sf home (2006 census average home built in US) and a two car 600sf garage.
3.       A low FAR will force people to use the basement as living space
4.       A low FAR will force people to remove or reduce the garage. The result is - their “stuff” or cars will be stored outside.
5.       FAR, a poor predictor of physical form and should not be used when the objective is to conserve and enhance neighborhood character. Whereas traditional design standards height, lot coverage and setbacks or build-to lines enable anyone to make reasonably accurate predictions, recognize violations, and feel secure in their investment decisions.  Duany, AndrĂ©s, Elizabeth Plater-Zyberk, and Jeff Speck (2000). Suburban Nation: The Rise of Sprawl and the Decline of the American Dream.
Landmark Preservation Commission implanted as the Architectural Review and Neighborhood Control
In case of variance, letter of recommendation from LPC will be required.
No WRITTEN guidelines how it will be judged.
Applicable to ALL residential structures.
1.       All the parameters are set so low that most projects will need to apply for a variance.
2.       City staff representing LPC publicly stated that National Park Service guidelines will be used to obtain their recommendation. The NPS guideline ONLY applies to the officially designated HISTORICAL structures on Local, State or National Registry. Written consent from the property owner(s) must be obtained in order to apply for this registry!
13’ eave height LIMIT for 1 story residential structure
If the eave height of a one story structure is more than 13 feet the space will be counted as two story even if there is no physical 2nd floor. This DOUBLES the actual SFT towards FAR calculation. ie: 1200sft 1story house will count 2400sft towards FAR.

1.       Because of the low FAR the basement will become important living space and people will want to raise it to the 3’ height allowed. With 12” of floor structure and 10’ ceiling height on the main floor you will end up with an eave height at more than 13’ above the property line.
2.       This will force designers into trying to lower the eave height with abnormal roof framing resulting in UNDESIRABLE forms and proportions. (see a picture on page 5)
3.       Many will abandon 1 story buildings in favor of 1½ and 2 story buildings – Heights & Size will actually INCREASE.
4.       Disparity between the actual square footage of the house and the calculated FAR undermines the transparency of Land Use Code.

18 ½ ‘ height LIMIT from the ground floor to the top of the roof for 1 story residential structure
Any (Attic) space above 18 ½ ‘ will also count towards FAR calculation