A. Purpose: In addition to that identified in subsection 9-8-020C9 of this title, the Town Center zoning classification is intended to support primarily the preservation and adaptive reuse of existing structures, including historic buildings; the preservation of existing natural features, including trees; new development that blends in with existing conditions and enhances the traditional Town Center character; the advancement of architectural and site design standards that promote walkability and human scale; the creation and maintenance of historic Town Center identity; and support of transit opportunities.
B. Scope: The provisions of this section shall apply to any real property located within the Town Center Zone, as shown on the official zoning map. No building or structure shall be erected, structurally or substantially altered, or enlarged except as set forth in this chapter. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, or other laws.
C. Use Regulations:
1. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the uses shown in section 9-11-110, table 9-11-1 of this chapter.
2. Permitted and conditional uses within the Town Center Zone shall be as determined within section 9-11-110, table 9-11-1 of this chapter.
3. Ground floor uses shall be only those uses listed as commercial, public or civic, or Municipal uses in section 9-11-110, table 9-11-1 of this chapter. Residential uses of any type are not permitted on the ground floor. Upper stories may be use listed as permitted or conditional, subject to the applicable provisions of this title.
4. Existing ground level residential uses shall be considered legal nonconforming and allowed to continue in accordance with subsection E of this section.
5. Residential uses incorporated into development, as permitted, within the TC Zone shall conform to the provisions of chapter 32 of this title, except as provided for in this section.
6. Residential densities in the Town Center shall range from six (6) dwelling units per acre to twenty five (25) dwelling units per acre as outlined in this section.
7. No more than fifty percent (50%) of a building's ground floor may be used for parking and in no case shall under structure parking be adjacent to any public or private right-of-way. Underground parking is strongly encouraged.
8. Live/work units are not a permitted use within the TC Zone. A live/work unit is defined as follows:
- Live/Work Unit: A building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
D. Standards: The following property development standards shall apply to all land and buildings in the Town Center Zone:
1. Site Requirements:
a. Setbacks:
(1) Front Setback: New buildings shall be built with a maximum setback of fifteen feet (15') from any right-of-way, public or private. A maximum of forty percent (40%) of the building's fascia may be located more than fifteen feet (15') from the front property line in compliance with subsection E of this section. Buildings being constructed on a parcel adjacent to a parcel containing an existing building which meets the terms of the front setback requirement of this zone, shall maintain a minimum of five feet (5') difference in the setback, not to exceed fifteen feet (15') total.
(2) Side Setback: Buildings to be located on a parcel shall maintain a minimum ten foot (10') side setback requirement from an adjacent parcel containing a residential use. Buildings shall have no side setback requirement for any side yard adjacent to a parcel which is vacant or which contains a commercial use. All buildings shall be required to fully comply with the terms of the current edition of the adopted Building and Fire Codes of Draper City.
(3) Rear Setback: Buildings shall have no rear setback requirement.
(4) Corner Lots: Buildings to be located on a corner property shall maintain front setback requirements as outlined in this section from each bordering right-of-way and shall not be permitted to create a visual obstruction in relation to vehicular traffic at, approaching, or leaving the intersection.
b. Parking:
(1) Parking Location: No parking shall be permitted between the building facade and the front property line. All on site parking shall be contained to the side and/or rear of the building. Parking located to the side of any building shall be buffered from view from the street by extensive plantings and landscaping with a horizontal separation from the street of at least ten feet (10') from the property line or the depth of the building setback, whichever is greater.
(2) Parking Requirements: Parking shall be provided for all sites as outlined in chapter 25 of this title.
(3) Shared Parking: The following program is provided to permit reduced parking requirements in the locations and situations outlined herein where the basic parking requirements of this title would be excessive or detrimental to goals and policies of the City relating to mass transit and other alternative modes of transportation. This program to reduce parking requirements may be applied individually or jointly to properties and developments. A record of such reductions and the justification for their application shall be maintained in the Community Development Department's project file.
(A) Application: The Planning Commission may authorize a reduction in the total number of required parking spaces for two (2) or more uses jointly providing on site parking subject to the following criteria:
(i) The respective hours of operation of the uses do not overlap, as demonstrated by the application on table 9-14-1, "Schedule Of Shared Parking Calculations", of this section. If one or all of the land uses proposing to use joint parking facilities do not conform to one of the general land use classifications, the applicant shall submit sufficient data to indicate that there is not substantial conflict in the principal operating hours of the uses. Such data may include information from a professional publication, such as those published by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI), or by a professionally prepared parking study.
(ii) A parking plan shall be submitted for approval which shall show the layout of proposed parking based on Draper City commercial site plan standards.
(B) Calculation: Calculate the number of spaces required for each use if it were freestanding (with no application of this program). Applying the applicable general land use category to each proposed use, use the percentages to calculate the number of spaces required for each time period, six (6) time periods per use. Add the number of spaces required for all applicable land uses to obtain a total parking requirement for each time period. Select the time period with the highest total parking requirement and use that total as your shared parking requirement.
TABLE 9-14-1
SCHEDULE OF SHARED PARKING CALCULATIONS
SCHEDULE OF SHARED PARKING CALCULATIONS
Weekdays | Weekends | |||||
Midnight - 7:00 A.M. | 7:00 A.M. - 6:00 P.M. | 6:00 P.M. - Midnight | Midnight - 7:00 A.M. | 7:00 A.M. - 6:00 P.M. | 6:00 P.M. - Midnight | |
Weekdays | Weekends | |||||
Midnight - 7:00 A.M. | 7:00 A.M. - 6:00 P.M. | 6:00 P.M. - Midnight | Midnight - 7:00 A.M. | 7:00 A.M. - 6:00 P.M. | 6:00 P.M. - Midnight | |
Cinema/theater | 0% | 70% | 100% | 5% | 70% | 100% |
Hotel | 100% | 65% | 90% | 100% | 65% | 80% |
Office and industrial | 5% | 100% | 5% | 0% | 60% | 10% |
Residential | 100% | 55% | 85% | 100% | 65% | 75% |
Restaurant | 50% | 70% | 100% | 45% | 70% | 100% |
Retail | 0% | 100% | 80% | 0% | 100% | 60% |
c. Site Access And Cross Access: Cross access between parking areas shall be required. As a means to control the number of potential vehicular access points from private property onto right-of-way, adjacent commercial sites may be required to share accessways to parking facilities. Additionally, accessways to a parking facility should be located at a side property line of a site where shared access is or could be desirable or necessary. Sites which choose or are required to share an accessway which is not located on the same site shall be required to implement a landscaped pedestrian corridor from the front to the rear of the site in a size equal to the width of the vehicular accessway.
d. Lighting: On site lighting shall conform to the provisions of chapter 20 of this title. Lighting should be designed so as to minimize the number of poles used within the parking area with preferred methods being building mounted lights or bollard type lighting. Pedestrian pathways should be illuminated through the use of bollard lighting. A site lighting plan shall be required for all sites within the TC Zone which demonstrates the photometric layout throughout the property. All on site lighting shall be shielded and be of a style and design that allows no light to shine beyond any site property line. Lighting installed along right-of-way corridors shall conform to the lighting style prescribed by the City for the corridor. Lighting, including fixtures and poles, shall be designed to integrate architecturally with the building and the Town Center area.
e. Courtyards: Commercial sites within the TC Zone are encouraged to be designed to incorporate plaza or courtyard areas which are designed to encourage use of the area as a resting or relaxing place. Such areas shall be allowed on all sides of a building. These areas are characterized as being well landscaped areas which include benches, shade features, and certain other amenities, such as water features or a pedestrian scale tower clock.
f. Service Elements: All service elements, such as dumpsters and building mechanical equipment, shall be screened through the use of landscaping or incorporation into the building architecture. All enclosures for such features shall be constructed of the same materials and of similar architecture as the building. All such equipment shall be located away from residential uses on neighboring properties and shall not be visible from any roadway. All ground utility equipment shall be appropriately screened through the use of landscaping which provides a visual barrier without prohibiting or restricting access.
g. Landscaping:
(1) Old Growth: Healthy mature trees, as determined by an ISA certified arborist, of a four inch (4") caliper or larger shall be preserved subject to the provisions herein. In the event the constraints of a site necessitate removal or alteration, or prevent the preservation of existing mature trees, the installation of a new mature tree at a caliper to caliper ratio (i.e., one 6-inch tree to one 6-inch tree or one 6-inch caliper tree to two 3-inch caliper trees) shall be required. This requirement shall be in conjunction with the provisions of subsection D1g(3) of this section.
(2) Setback Areas:
(A) Front Setback: Areas between building facades and the street property line shall be extensively landscaped. Such areas may be used for the purpose of outdoor patio style cafe seating if that seating is a functional part of the building use.
(B) Materials And Plantings: All setback areas shall be landscaped using appropriate materials and plantings that complement and improve the overall site landscaping and that of neighboring developed properties. Newly installed landscaping shall include trees at a ratio of at least one mature tree per four hundred (400) square feet of landscape area.
(3) Site Landscaping: All sites shall maintain a minimum of fifteen percent (15%) total site landscaping. The Planning Commission may approve an adjustment in the total site percentage of required site landscaping to not less than ten percent (10%) with the provision of extra amenities such as a paved patio for outdoor seating, planter boxes containing irrigation and exceptional vegetation, a courtyard fountain, street furniture, or others exceeding the intent of this subsection. Findings for landscaping requirements shall be subject to those of chapter 23 of this title.
(4) Parking Area Landscaping: All parking areas shall maintain a minimum of ten percent (10%) landscaping. The parking area shall be considered that area of a site containing parking stalls, vehicle travel lanes and pedestrian pathways. The parking area shall not be considered to include vehicular accessways connecting the right-of-way to the parking area or that area beyond the outermost curbing or hard surfacing of the parking area. Parking area landscaping should be designed such that the landscaping provides a visual and physical break in the bulk and expansiveness of the parking area while providing shaded areas.
(5) Landscaping Variety: All landscaping is encouraged to be water efficient and of appropriate species according to the terms of this Code, the Draper City Street Tree Guide and all other applicable provisions.
h. Fencing: Fences, walls, and other separation devices which separate properties shall be discouraged in the TC Zone. Such features shall be considered appropriate according to the following:
(1) Fences and hedges shall not exceed three feet (3') in height in the front building setback for the purpose of separating an outdoor patio style cafe seating area from the sidewalk or pedestrian pathways. If fencing is implemented, said fencing shall be decorative and constructed of nonvinyl or vinyl like materials. All fencing materials used being complementary and matching to those of the building.
(2) Upgraded decorative masonry fencing along a rear or side property line which does not exceed six feet (6') in height for the purpose of separating commercial and residential uses. Where, in this circumstance, fencing is not desirable, adequate buffering, to the satisfaction of the Planning Commission, containing significant plantings and setbacks shall be required.
(3) Berming or hedges as a part of parking lot landscaping for the purpose of breaking up the expansiveness of a parking area.
(4) Berming, hedges, or fencing which conforms to that identified in subsection D1h(1) of this section for patio style cafe seating may be implemented when determined necessary to delineate and separate pedestrian and vehicular travelways which are parallel and immediately adjacent to one another.
i. Signage: Signage within the TC Zone shall conform with subsection 9-26-090A, "Town Center District Special", of this title.
j. Historic Buildings: Uses of land permitted according to this chapter may be implemented within historic buildings in compliance with the provisions of this section and those of chapter 33 of this title according to which are more restrictive.
k. Other Provisions: Unless otherwise specified within this section, all provisions of this title and title 17 of this Code shall be applicable to all development within the TC Zone.
l. Amenities: Centrally located amenities shall be provided for multiple-family projects.
(1) Projects of fewer than fifty (50) dwelling units shall provide an amenities package appropriate for the project size and location.
(A) Multiple-family projects shall include at least one amenity for every fifty (50) units from the following list:
(i) Tot lot/play structure;
(ii) Community garden;
(iii) Courtyard with benches;
(iv) Picnic tables and barbecue area with shade structures;
(v) Swimming pool (indoor or outdoor);
(vi) Sports courts (i.e., tennis, basketball, volleyball);
(vii) Natural open space area with benches/viewing areas and/or trails;
(viii) Other active or passive recreational areas that meet the intent of this guideline.
(2) Projects of fifty one (51) to one hundred (100) dwelling units shall include the following amenities in addition to those required in subsection D1l(1) of this section:
(A) A minimum of one inside, centrally located, fully functional social area, no less than one thousand (1,000) square feet in gathering space, or a minimum of one outside social function area, no less than one thousand (1,000) square feet in gathering space.
(3) Projects of one hundred one (101) or more dwelling units shall include the following amenities, in addition to those required in subsection D1l(1) of this section:
(A) A minimum of one inside, centrally located, fully functional social area, no less than one thousand (1,000) square feet in gathering space, and a minimum of one outside social function area, no less than one thousand (1,000) square feet in gathering space.
2. Building Design Requirements:
a. Building Height: No new building or addition to an existing building constructed within the TC Zone shall exceed a maximum height of thirty five feet (35'). Building heights may be limited to less than thirty five feet (35') to ensure compatibility with neighboring buildings. Furthermore, towers, spires, chimneys, enclosures for necessary mechanical equipment, clocks, and similar structures that enhance the architectural character of the building, equaling not more than ten percent (10%) of the building footprint, may exceed the maximum building height by not more than fourteen feet (14'), as approved by the Planning Commission, with a commercial site plan application. Accessory buildings shall be a maximum of twenty feet (20') total height with no additional height allowance for architectural features.
b. Horizontal Variation: No building facade shall be more than fifty feet (50') in horizontal length without a visual break that creates the appearance of storefront bays. This shall be achieved through a change in building material, building projections or relief measuring at least three feet (3') in width and depth, or another architectural variation that meets the intent of this subsection. No such architectural break in the horizontal plane shall be wider than three feet (3'). No combination of buildings shall extend along their combined front facade for more than one hundred feet (100'), measured parallel to the front property line, without a break or separation in the buildings of at least fifteen feet (15') in width. Such breaks shall be improved for use as pathways for pedestrian and/or vehicular access to parking areas or the rear of the site.
c. Vertical Variation: Buildings in excess of two (2) stories in height shall exhibit architectural detailing that establishes a vertical separation between lower and upper stories. This may be accomplished by a mid facade cornice or trim, a change in material, style, or color, a facade stepback or roof pitch with dormer windows, or other methods that meet the intent of this subsection.
d. Building Orientation: Buildings within the TC Zone shall have their architectural orientation toward the front property line of the site which includes having at least one functioning entry door oriented to the street. Buildings on corner lot sites shall have an architectural orientation toward each right-of-way frontage with the appearance of building entry points along each front facade. Buildings shall also have an entrance oriented toward the parking area associated with that building.
e. Transparency: In order to create a more friendly and pedestrian oriented environment for the area, all buildings shall have a minimum of fifty percent (50%) each building facade which faces a public or private right-of-way consisting of windows and doors on the ground level. Side and rear facades shall have a minimum of fifty percent (50%) transparency if they face upon a parking area or a pedestrian or vehicular pathway. Other facades shall have a minimum twenty five percent (25%) transparency. Tinted or mirrored glass shall not be allowed on the ground floor.
f. Architectural Features:
(1) Adopted Guidelines: All architecture and exterior materials are to follow the adopted Town Center Design Guidelines.
(2) Entries: Buildings shall be designed with distinct and inviting entryways and features.
(3) Window Accents: Windows shall include accent features such as trim, sills, oriels, and shutters that serve to soften the appearance of the building and create a smaller scale pedestrian feel and environment.
(4) Roofs: Roofs shall be varied in style with elements of hipped, gabled, and flat roofs. Rooflines shall have ornamentation such as gable dormer windows, six inch (6") cornice or hips perpendicular to the primary roofline.
(5) Awnings: The use of awnings on the ground floor is strongly encouraged. Awnings should be employed uniformly across the horizontal plane of buildings. Awnings shall be permitted to overhang property lines bordering public rights-of-way but shall not do so in a manner which interferes with pedestrian or vehicular movement, necessitates supports extending below the bottom of the awning frame, or creates any other condition that is a nuisance or unsightly.
(6) Service Areas: Loading docks and service areas shall be screened from streets and adjacent properties through architectural design and landscaping.
g. Building Materials: New buildings within the TC Zone shall be designed and constructed with minimum of eighty percent (80%) brick on each facade, in accordance with the following provisions:
(1) Windows shall be excluded from the calculation of exterior building material requirements.
(2) Secondary materials shall be stucco, stone, fiber/cement siding, wood or similar material in composition and of a complementary hue and shade to the brick. A maximum of two (2) accent colors may be allowed for secondary materials.
(3) A materials board containing a sampling of the desired materials and their colors shall be required with the submission for review of a proposed development. Development approval shall be subject to the Planning Commission approving the materials board for both composition and colors.
(4) Brick, rock, and stone elements of a building shall not be painted to create compliance with the color palette of the site.
(5) Fiber/cement siding and wood elements of a building may be painted or stained only as a means to integrate the material into the color palette of the buildings on the same and neighboring sites.
h. Projections: Building projections shall not be permitted beyond the property line, with the exception of permitted signs and awnings, covered walkways, and other features, as approved by the Planning Commission that are meant to provide pedestrian cover.
i. Four Sided Architecture: The design of a building shall be considered on all sides of the building with each facade being required to meet the terms of this section.
E. Redevelopment Provisions:
1. Nonconforming Uses: Uses existing at the time of adoption and application of the TC Zone which do not conform to the permitted and conditional uses allowed within the zone shall be allowed to continue without penalty, including the allowance of permits for the expansion of said use until the time when that use changes in accordance with chapter 6 of this title. Upon the change of any nonconforming use, the new use and the property on which it is located shall be required to fully conform to the provisions of this section, subject to the provisions of subsection E2 of this section.
2. Reuse Of Buildings: In an effort to maintain and enhance the feel of the Town Center area, development is strongly encouraged to utilize existing buildings through renovation, structural conversion, and/or physical upgrading to accomplish the goals and objectives of their development project. In the event that the existing constraints of the site prevent the reasonable compliance of the site and/or structure, the Planning Commission may approve the site and redevelopment thereof as being compliant to the greatest extent possible. Such sites shall not be considered nonconforming following completion of the redevelopment work as an exception to chapter 6 of this title when establishing the following findings:
a. The constraints of the site do not lend themselves to achieving full compliance with the terms of this section and have complied to the greatest extent possible;
b. The development meets the intent of the general plan and the terms of this section;
c. The development is harmonious with surrounding development; and
d. Adequate provisions have been made to improve the site beyond the minimum requirements of the TC zoning classification.
F. Historic Preservation Commission Review: Prior to considering a development application under the terms of this section, the application shall be reviewed by the Historic Preservation Commission.
1. Upon receipt of a complete application, the Zoning Administrator shall submit a copy of the application to the Historic Preservation Commission.
2. Within twenty (20) days after receipt, the Historic Preservation Commission shall review the application with respect to the development standards set forth in this section and standards for issuance of the development approval sought by the application.
3. Within ten (10) days after reviewing an application the commission shall prepare and transmit a written recommendation to the Zoning Administrator. (Ord. 1345, 9-18-2018)