The Main Street District is an overlay district that was established, to regulate certain requirements in the underlying zoning districts (sub-districts) that are within and subject to the Main Street District, and to control, encourage and regulate the character, design, placement and relationship of buildings, structures and spaces within the boundaries of the entire Main Street District. The Main Street District includes zoning standards in Section 1254.13. Deviation from these minimum zoning standards will require granting of a variance by the BZAP pursuant to Section 1226.11.
The Livingston Avenue District is an overlay district that was established, to regulate certain requirements in the underlying zoning districts (sub-districts) that are within and subject to the Livingston Avenue District, and to control, encourage and regulate the character, design, placement and relationship of buildings, structures and spaces within the boundaries of the entire Livingston Avenue District. The Livingston Avenue includes zoning standards in Section 1254.12. Deviation from these minimum zoning standards will require granting of a variance by the BZAP pursuant to Section 1226.11.
The Campus Planning District was established to regulate certain uses and area requirements in the Campus Planning District, which includes Zone 1, primarily consisting of the Capital University campus, and Zone 2, which is a sub-district of and subject to the Main Street District.
(a) Review. No building, structure or space within the Main Street District, Livingston Avenue District or the Campus Planning District shall be constructed, reconstructed, altered, moved, extended, razed, enlarged or changed in external appearance unless and until the plans and specifications for such building, structure or space, including the landscape plan for the premises on which it is or will be located (if relevant), have been approved by the Board of Zoning and Planning. The BZAP, in reviewing the plans and specifications for the building, structure or space for which approval is necessary, shall examine the site plan, and all other factors relevant to the request in application, which may include the location of uses within and the arrangement and massing of the buildings and structures on the premises, building height, building elevation, lighting, signage, parking, the landscape plan and materials, and the impact of the site and design elements of the project upon the appearance and environment of the Main Street District, Livingston Avenue District or the Campus Planning District and neighboring properties. The BZAP will also consider the architectural style and building composition (including design elements such as entrances, storefronts, upper stories and mechanical screening), and exterior building materials and color, based upon a recommendation of the Architectural Review Board as requested by the BZAP.
The Board, in deciding whether to approve an application under this section, shall determine that the site and design plans for such buildings, structures and spaces as proposed by the applicant are in keeping with the purpose and intent of the Main Street District and Livingston Avenue District, the applicable sub-district and the design guidelines contemplated by subsection (b) and (c) hereof, or with the purpose and intent of the Campus Planning District, the applicable zone and the campus plans contemplated by subsection (d) hereof, and that such plans would not have a substantial detrimental impact on neighboring properties. The design and site plan review contemplated by this section does not include the right to approve or disapprove proposed or existing uses or changes to the interior of an existing building or structure which do not change the external appearance of a building or site. Permitted or Conditional Uses and Special Permits within the districts and applicable sub district or zone are governed by Chapter 1252 and Chapter 1254 and Section 1226.13, variances for non-permitted uses and non-use (area) variances are governed by Sections 1226.11 and 1226.12, and nonconformities are governed by Sections 1226.01 to 1226.05, inclusive. Projects involving only interior changes to existing buildings and structures are subject to standard City plan review and building permit procedures.
(b) Main Street and Livinston Avenue District Regulations, Standards and Design Guidelines. In addition to the regulations and standards of the Main Street District and the Livingston Avenue District provided for in Chapter 1254
, the Board may from time to time adopt and publish design guidelines for the Main Street District, including Zone 2 of the Campus Planning District and the Livingston Avenue District. Design guidelines may cover matters such as site planning, landscaping and screening, building design and materials, signage, parking, lighting and use of the public right-of-way, not otherwise regulated by Chapter 1254
. Such guidelines shall be subject to review and approval by Council. Within the Main Street District, the Board shall base its approval on review of the MS District standards and the Main
Street Design Guidelines. Within the Livingston Avenue District, the Board shall base its approval on review of the LA District Standards, the Main Street Design Guidelines and any other plans or design guidelines approved by Council. The design guidelines shall guide the Board in its review and determination of applications in the Main Street District and the Livingston Avenue District, however the Board may approve an application that it determines, based upon the context and circumstances, meets the standards and the overall intent of the Main Street Design Guidelines and the Main Street District and Livingston Avenue District.
(c) Campus Planning District Plans. In addition to the regulations and uses of the Campus Planning District provided for in Chapter 1254
, the Board may from time to time adopt and publish plans for the Campus Planning District, covering matters such as campus development, site planning, landscaping and screening, building design and materials, signage, parking, lighting, use of the public right-of-way and impact upon the neighboring properties; provided, however, that such plans shall be subject to review and approval by Council. The plans shall guide the Board in its review and determination of applications in the Campus Planning District, however the Board may approve an application that it determines, based upon the context and circumstances, meets the overall intent of the Campus Planning District Plans and Campus District Uses and Regulations.
(d) Delegation of Authority. The Board may delegate to a qualified employee or agent the authority to review and approve, without further review and approval by the Board, plans with respect to changes to existing buildings, structures or spaces, involving compliance with provisions of Chapter 1254
and the design guidelines expressly designated by the Board as being subject to delegated review as provided in this section. The staff may decline to review an application and submit it to the Board for its review, and an applicant whose plans have been reviewed by the staff may, upon request, have the plans reviewed by the BZAP.
(e) No person shall construct, reconstruct, alter, move, extend, raze, enlarge or change the external appearance of any building, structure or space within the Main Street District or the Livingston Avenue District in violation of this chapter, including, without limitation, any condition imposed by the Board in its approval of an application.
(f) In the event any building, structure or space located within the Main Street District or Livingston Avenue District is changed, or any construction occurs within the District, in violation of any of the provisions of this chapter or any condition imposed by the Board in its approval of an application, then in addition to the penalty provided in Section 1220.99, the City may institute an appropriate action or proceeding to restrain, correct or abate any such violation or to require compliance with the provisions of this chapter.
(Ord. 29-16. Passed 11-15-16; Ord. 04-24. Passed 3-26-24.)