[1]
Prior legislation: Ord. 11-127.
Infill development is development that takes place within or adjoining existing residential development. It may be a single vacant lot, a parcel that has been skipped over, or where demolition has occurred.
Infill development allows for growth, utilizing areas that have infrastructure in place and will not take from agricultural land.
(LUO § 02-29-001)
The purpose of infill development is to:
(1) 
Establish flexible development standards which can be implemented in areas of the city where residential activities exist, are needed and are desirable. The "right" home for the lot is the key to making infill successful. The small, odd-shaped lot can accommodate a home that is built with special circumstances in mind.
(2) 
Implement guidelines and conditions to reduce using prime agricultural land, encourage infill development in areas with adequate infrastructure. The guidelines or conditions are designed to preserve and enhance the residential character of the neighborhood while allowing for greater density on a small scale.
(LUO § 02-29-002)
(1) 
The infill development is a conditional use (see Chapter 17.155 NCC). This type of development can be used in the A-1, RA-1, RA-2, R-1, and R-2 zones. The land use administrator will review these infill proposals on a case-by-case basis. The land use administrator shall establish conditions to mitigate impact on neighboring properties, assure public safety, and address health concerns. All conditions shall be recorded on the plat.
(2) 
Some of the conditions, but not limited to, are as follows:
(a) 
Must meet residential zone requirements.
(b) 
The access to the home must conform to the requirements described in the International Fire Code (pages 397-398): Appendix D – Fire Apparatus Access Roads, for weight support, fire hydrant location, road grade, turning radius, street width and length, gates, and signs.
(c) 
The lot must not have been illegally subdivided.
(d) 
The first 30 feet of driveway or access from the street must be paved.
(e) 
Any mud tracked onto the street is in violation of this chapter, is a class C misdemeanor and is subject to a fine and the cost of cleanup.
(f) 
An address sign is required to identify the access to the property, and must be clearly visible both day and night.
(g) 
Limited to one residence.
(h) 
Architecturally designed for the lot.
(Ord. 16-181 § 1, 2016; LUO § 02-29-003)
The planning commission will make recommendation to the city council for approval or disapproval. The city council shall approve or disapprove the infill lot proposal and may impose additional conditions as they deem necessary to secure the purpose of this chapter and protect public welfare.
(LUO § 02-29-004)
The building official shall not issue any permits until the city council gives final approval and the infill development plat is recorded. No occupancy permits shall be issued until all conditions of the infill development are met.
(LUO § 02-29-005)
The approved infill development plat shall be filed within 12 months of the final approval date of the city council. If the 12-month period has expired, the infill development proposal and plat shall require reapproval by the city council.
(LUO § 02-29-006)