18.30.230 Lot or site divided by zone boundary.
When a lot or site is divided by a zone boundary, the following applies:
(1) If a lot or site contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site.
(2) If a lot or site contains residential zones of varying density:
(a) Any residential density transfer within the lot or site shall be allowed the density, as a result of moving dwelling units from one lot to another lot within a site or across zone lines within a single lot, does not exceed 150 percent of the base density on any of the lots or portions of a lot to which the density is transferred;
(i) The transfer does not reduce the minimum density achievable on the lot or site;
(ii) The transfer enhances the efficient use of needed infrastructure;
(iii) The transfer does not result in significant adverse impacts to the low density portion of the lot or site;
(iv) The transfer contributes to preservation of environmentally sensitive areas, wildlife corridors, or other natural features; and
(v) The transfer does not result in significant adverse impacts to adjoining lower density properties;
(b) Residential density transfers shall not be allowed to a lot or portion of a lot zone urban separator (R-1);
(c) Compliance with the criteria in this subsection (2) of this section shall be evaluated during review of any development proposals in which such a transfer is proposed; and
(d) Residential density transfers from one lot to another lot within a site or from one portion of a lot to another portion of a lot across a zone line shall not, in of itself, be considered development above the base density for purposes of requiring a conditional use permit for apartments or townhouses in the R-1 (urban separator) through R-8 zones.
(3) Uses on each portion of the lot shall only be those permitted in each zone in accordance with Chapter 18.25 CMC. (Ord. 42-02 § 2 (21A.12.200))