Article 26.5 — TROUSDALE R-1 PERMIT

Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the Director of Community Development, the reviewing authority may issue a Trousdale R-1 permit to establish the following standards in accordance with the following criteria in Trousdale Estates:

A. Height Of Additions: The reviewing authority may issue a Trousdale R-1 permit that allows an addition to a building, including a side setback prolongation, to exceed fourteen feet (14') in height if the building lawfully exceeded fourteen feet (14') in height on October 15, 1987, the addition will not exceed the height of the building, the addition will not exceed twenty percent (20%) of the existing floor area, and the reviewing authority finds that: 1) the addition will not materially impair the view or line of sight of neighboring homes, 2) the addition will not materially change the scale, character or integrity of the area, and 3) the addition will not adversely affect the utility and value of neighboring properties or the general welfare of the neighborhood.

B. Estates Larger Than Five Acres: A single-family residence in Trousdale Estates that is located on a site in existence on April 22, 2010, that is larger than five (5) acres and contains a level building pad of at least one and onehalf (1.5) acres, which residence lawfully exceeded fourteen feet (14') in height on October 15, 1987, may be rebuilt or remodeled up to the maximum height of the single-family residence that existed on such site as of October 15, 1987, without otherwise conforming to the envelope of such single-family residence.

In reviewing a request for an R-1 permit under this subsection B, the reviewing authority may approve the request if it finds the newly constructed single-family residence: 1) will not exceed one hundred twenty percent (120%) of the existing floor area of the single-family residence as it existed on October 15, 1987; 2) will not materially impair the view or line of sight of one or more neighboring homes; 3) will not materially change the scale, character or integrity of the area; and 4) will not adversely affect the utility of neighboring properties or the general welfare of the neighborhood.

ed twenty percent (120%) of the existing floor area of the single-family residence as it existed on October 15, 1987; 2) will not materially impair the view or line of sight of one or more neighboring homes; 3) will not materially change the scale, character or integrity of the area; and 4) will not adversely affect the utility of neighboring properties or the general welfare of the neighborhood.

Notwithstanding any other provision of this Code, the cumulative floor area of accessory structures located on a site for which a Trousdale R-1 permit has been issued pursuant to this subsection B shall, at all times, be limited in floor area so as not to exceed a maximum of ten percent (10%) of the floor area of the primary residential structure. C. Game Court Fences And Lighting Standards: The reviewing authority may issue a Trousdale R-1 permit to establish the height of a game court fence or game court lighting standard within five feet (5') of a property line in excess of the height allowed pursuant to subsection 10-3-2617C of this chapter if the reviewing authority finds that the game court fence or lighting standard will not have a substantial adverse impact on: 1) access to light and air by neighboring properties, or 2) the visual character of the area as viewed from streets and neighboring properties.

However, in no case shall the reviewing authority allow any game court fence to exceed twelve feet (12') in height nor shall the reviewing authority allow any lighting standard to exceed twenty two feet (22') in height.

For the purposes of this section, a "substantial adverse impact" shall mean an adverse impact that is material and readily perceptible.

Except as explicitly provided in this section, no Trousdale R-1 permit shall be construed as a waiver of any requirement of this chapter. (Ord. 10-O-2583, eff. 7-4-2010)

The reviewing authority for a Trousdale R-1 permit application shall be the Planning Commission unless the application accompanies a separate application for a discretionary approval from the City Council with regard to the same site area. In that case, the City Council shall be the reviewing authority for the Trousdale R-1 permit application. (Ord. 95-O-2239, eff. 7-7-1995)

A. The reviewing authority shall hold a public hearing concerning each application for a Trousdale R-1 permit. B. Notice of any hearing held pursuant to this section shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 14-O-2661, eff. 6-20-2014)

In granting a Trousdale R-1 permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required for such permit. (Ord. 95-O-2239, eff. 7-7-1995)

Any decision of the Planning Commission made pursuant to this article may be appealed to the City Council pursuant to the provisions set forth in title 1, chapter 4, article 1 of this Code. (Ord. 95-O-2239, eff. 7-7-1995)

Unless otherwise provided in the resolution granting a Trousdale R-1 permit, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 02-O-2411, eff. 11-22-2002)