PART THREE — LAND USE CODE — PLANNING AND HOUSING
Title V — Community Development Code
Chapter 313 — Initiation and Preparation of Plan
Complete to December 31, 2007CROSS REFERENCES
Purpose of community development plan, CO 311.02
Purpose and provisions of Workable Program for Community Improvements, CO 311.04
Amendments to plan; public hearing, CO Ch 319
Contents of neighborhood conservation plan, CO 323.03
Neighborhood conservation plan to prevent recurrence of substandard conditions, CO 323.06
Relocation of families displaced by neighborhood conservation plan, CO 323.07
313.01 Planning Commission to Prepare Community Development Plan
When the Planning Commission, as a result of investigation and study, at the request of the Mayor or Council, or upon its own initiative, finds that there exists a slum and blighted or deteriorating area within the City, it shall prepare with the assistance of the Department of Community Development, a community development plan for the area which shall be designated, "Community Development Plan for Area".
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
313.02 Determination of Slum and Blight
An area shall be determined to be a blighted or deteriorated area if:
(a) A preponderance of the structures therein is detrimental to the public health, safety or welfare by reason of age, dilapidation, overcrowding, faulty arrangement, lack of ventilation or sanitary facilities, or any combination of these factors, and which is detrimental to the public health, safety or welfare because a preponderance of structures within the area fails to conform in one or more respects to the provisions of these Codified Ordinances relating to building, housing and sanitation; or
(b) There is a preponderance of defective or inadequate street layout, or faulty lot layout in relation to size, adequacy, accessibility or usefulness, or unsanitary or unsafe conditions, or deterioration of site improvements, or conditions which endanger life or property by fire or other causes. However, at least twenty-five percent of the structures in the area must be structurally deficient in the same manner and to the same extent as set forth in subsection (a) hereof.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
313.03 Contents of Community Development Plan
A community development plan adopted pursuant to the provisions of the Charter and these Codified Ordinances may include clearance and redevelopment, rehabilitation or conservation, or any combination or part thereof, and shall include a land use plan showing thoroughfares and street right of way, location, character and extent of public and private land ownership, institutional or occupational public uses and use and occupancy purposes within the area, including any contemplated public housing. The plan shall designate areas of land acquisition, demolition and redevelopment of structures and of rehabilitation and conservation as may be proposed to be carried out in the plan, including a statement of methods and standards under which it is to be accomplished and the necessary conditions to be applied in order to extend the rehabilitation and conservation by the owners of existing properties. A statement of the special conditions under which properties not designated for acquisition may be acquired or under which properties identified to be acquired may be exempted from acquisition, or both shall also be included. The plan or its supporting documentation shall include a statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic and transportation, public utilities, recreational and community facilities and other public improvements.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
313.04 Rehabilitation or Conservation Defined
"Rehabilitation" or "conservation", as used in this chapter, may include but shall not be limited to the restoration and renewal of a deteriorating area by carrying out plans for a program of repair and rehabilitation of buildings or other improvements in accordance with the community development plan, and the purchase, repair and rehabilitation for guidance purposes and resale, and the purchase, rehabilitation, repair and retention for rental purposes or resale, and the purchase and resale for rehabilitation purposes by the City, of buildings located in the community development area which, under the plan, are to be repaired or rehabilitated for dwelling use or related facilities.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
313.05 Conformity of Plan to General Plan and Workable Program
The community development plan for each community development area shall conform to the General Plan of the City as adopted by official action of the Planning Commission pursuant to Charter Section 76-2, and as the General Plan may be amended from time to time by the Commission, and to the general development plan for the district of the City within which the community development area lies, and with the Workable Program for Community Improvement of the City for the elimination and prevention of slums and blight.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
313.06 Provision to Prevent Recurrence of Blight or Substandard Areas and Discrimination
The community development plan shall include the provision that every contract for the sale, lease, use, rehabilitation or redevelopment of the property within such area shall contain such restrictions and conditions as are deemed necessary to prevent a recurrence of blighted or substandard areas, provided that no such restriction shall be based upon race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status; shall indicate what covenants, restrictions and conditions of such contracts shall be covenants running with the land; shall provide appropriate remedies for any breach of covenants or conditions; shall provide that each redevelopment contract for the sale, lease, use or redevelopment of the property within such area, and conveyance of land pursuant thereto shall contain conditions and covenants which shall run with the land which shall provide that there shall be no discrimination against or segregation of any person or group of persons based upon race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status in the sale, lease, sublease, transfer, occupancy, tenure or enjoyment of such land in perpetuity; and that such redevelopment contracts and conveyances of land within the area shall contain a covenant that no grantee himself, or any person claiming under or through him, shall establish or permit any such practice or discrimination or segregation with reference to the selection, location, number or occupancy of tenants, lessees, sublessees or vendees in any or all of the land within such area.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
313.07 Relocation of Displaced Families
The Division of Relocation and Property Management shall prepare, for presentation and acceptance with the community development plan, a statement of a feasible method for the relocation of families displaced from the development area, and that there are or are being provided, in the development area or other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families to be displaced from the development area, decent, safe and sanitary dwellings for such displaced families, which displacement shall be carried out with a minimum of hardship to site occupants.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)