ACTION REQUESTED:
Title
Communication from the City Manager and Community Development Director with a Recommendation from the Construction Commission with a Request to ADOPT an ORDINANCE Amending Chapter 5 of the CODE of the City of Peoria Relating to AIR RIGHTS.
Body
BACKGROUND: The Building Code prohibits any penetrations (windows, doors, balconies, etc.) in the wall of a building if the building is built to a common property line. The purpose for this is two-fold. First, it significantly reduces the likelihood of fire traveling from one building to another. Second, it eliminates the chance that windows in one building will be entirely blocked by the construction of a building on the adjacent parcel.
There are situations where the redevelopment of existing buildings is impossible without relief from this regulation. The traditional "fix" for this dilemma would involve the property owner of the buildings to be developed purchasing the adjacent parcel and joining the two parcels into one, thus eliminating the interceding property line. However, this is not always an option that is available. Another option available now is for the developer to purchase air rights above a certain level of the adjacent parcel. This transaction effectively transfers the right to develop the adjacent parcel above a specific height, and therefore assures the owner of the building to be developed that no other building will block the penetrations in the side of their building. While the transfer of development rights through an air rights agreement is available today, it still does not resolve the prohibition in the Building Code related to development on a property line.
The ordinance amendment before the Council would allow property owners to create penetrations in the side of their building without having to adjust the location of the property line when an air rights agreement is in place and recorded against the property providing the air rights. All other Building and Fire ...
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