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Section 1211.03    Applicability

  1. Residential Development Allotment
    After the effective date of this Chapter (see '1211.11 below.), no application for a
    zoning certificate for construction of a residential dwelling unit on a legal lot shall be
    granted by the city until the applicant is awarded a residential development allotment
    for that unit on that lot pursuant to this Chapter or such development is exempted
    from this Chapter as set forth below.

  2.  Exempt Development
    The following developments are exempted from the requirement of securing a
    residential development allotment as a condition precedent to the issuance of a
    zoning certificate:
    1. All non-residential development, including civic, commercial, industrial, and
      institutional development;

    2. Remodeling, restoration, reconstruction, or replacement of legally established
      structures that does not increase the number of residential dwelling units that
      existed previously on the site;

  3. Priority Development
    The following developments are given priority in the allocation of residential
    development allotments as set forth in Section 1211.04 of this Chapter
    1. Affordable housing as defined in this Chapter and deed restricted in a manner
      acceptable to the Planning Commission to ensure that such units will be
      available in the future as affordable housing;

    2. Housing that is restricted to occupancy by elderly people over sixty-two
      years of age and disabled persons as defined in this Chapter;

    3. A single-family residential unit to be constructed/erected on a legal,
      buildable lot, which lot was created prior to the effective date of this Chapter
      with direct access to public streets, or on a lot in a subdivision with
      preliminary or final approval granted prior to the effective date of this
      Chapter;

    4. Any new lot created after the effective date of this Chapter with a minimum
      size of five acres and with access to an improved public street and public
      water and sewer if available within one-thousand (1000) feet of the proposed
      development.

  4. Certification Of Exempt or Priority Status
    Upon request by any potential applicant for a zoning certificate, the City Manager
    shall certify in writing whether the proposed development is exempt from the
    provisions of this Chapter or is eligible for priority status. Such application for a
    certification of exemption or priority status shall be filed on a form furnished by the
    City Manager providing information from which the City Manager can reasonably
    determine whether the applicant is entitled to an exemption or priority status.
    Applications for certification of exemption may be filed at any time. Applications
    for certification of priority status shall be filed on the semiannual application dates
    set forth in Section 1211.05 of this Chapter. The City Manager shall inform the
    applicant in writing within thirty (30) days of filing a complete application for
    exemption whether the application is approved or denied. Such determination may
    be appealed pursuant to the provisions of this Chapter. Failure of the City Manager
    to act shall be deemed to be a denial of a certification of exemption or priority status.