(a) Purpose and Intent. The purpose of environmental quality regulations is to protect the quality of the urban environment in those locations where the characteristics of the environment are distinctive and valuable and are vulnerable to damage by development permitted under conventional zoning and building regulations. Environmental quality regulations are required to protect the public and the property owners in the District from:
(1) Blighting influences which might be allowed by existing conventional zoning regulations;
(2) Damage to areas of high public investment which have added value to the area;
(3) Unsafe buildings or unstable land which might be caused by uncontrolled development;
(4) Damage or destruction of properties in historic districts;
(5) Damage to the economic value and efficiency of operation of existing properties and/or new developments due to the interdependence of their visual and functional relationships;
(6) Soil erosion and stream siltation; and
(7) Destruction of valuable trees and other vegetation.
The location of all Environmental Quality (EQ) Districts shall be shown on the Zoning Map of the City as ann overlay zone superimposed in specific areas over existing zones. Adoption of EQ Districts shall be by action of Council pursuant to the provisions of this section and other applicable law.
(b) Applicability.
(1) Except as otherwise provided herein and in other parts of this Zoning Code, all regulations of the underlying zone districts shall apply to and control property in an EQ District, provided, however, that in the case of conflict between the provisions of an underlying zoning district and an EQ District, the provisions of the EQ District shall prevail.
(2) Wherever applicable by the provisions of this chapter, the EQ District shall supersede the administrative procedures pertaining to the issuance of building permits within underlying zoning districts which require the authorization of the Code Enforcement Officer or other boards, as provided in the respective chapters of this Zoning Code.
(c) Establishment of EQ Districts.
(1) Council may, from time to time, upon recommendation by the Planning Commission, create EQ Districts upon a finding of the following:
A. That the area under consideration for an EQ District exhibits the definitional qualities as specified in Chapter 1270; and
B. An area under consideration for an EQ District contains the category qualification criteria as specified in the provisions of this section.
(2) The Planning Commission shall prepare, pursuant to this section, a Development Guidelines Report (DGR) for each EQ District established. The Development Guidelines Report shall be recommended to Council which shall adopt, revise or add to such guidelines and incorporate the same in the ordinance establishing any specific EQ District. The DGR shall describe in words and/or illustrations the special and distinctive environmental characteristics which are to be protected and the development features which will be reviewed for impact of a proposed development on the environment.
(d) Categories, Qualifications and Reasons for Protection.
(1) Environmental Quality Districts shall be classified by categories according to the provisions and qualifications as described herein, and each district type shall be shown on the Zoning Map of the City.
(2) Environmental Quality - High Public Investment (PI)-type shall be identified as EQ-PI Districts.
A. Rationale for establishment of EQ-PI Districts is the fact that the investment of substantial public funds, based on established public policies or improvements in certain instances, requires the protection of such investment over and above the protection provided by conventional building and zoning regulations for the following reasons:
1. To prevent the recurrence of blight;
2. To prevent diminution of the effectiveness and value of the public investments ;
3. To encourage coordinated development of parcels and structures in accordance with efficient building design, multipurpose uses of sites, unified off-street parking, trucking and service areas and internal pedestrian linkages;
4. To achieve development which is integrated both functionally and visually with the existing development which is to remain; and
5. To achieve the full benefit for the public and private owners of the public improvements in the areas.
B. EQ-PI Districts shall contain evidence of significant public investments which are made pursuant to a plan for renewal, revitalization or other substantial physical improvements, adopted or approved by Council. EQ-PI Districts shall contain three or more of the following public investment qualification characteristics:
1. A public park, plaza, square, fountain or statuary;
2. Land cleared of blighting structures by urban redevelopment;
3. Public automobile parking garages or surface lots and other similar public improvements;
4. Public pedestrian walkways;
5. Street tree plantings or other surface landscape treatment;
6. Private buildings erected on former redevelopment land in accordance with proper design approval;
7. Substantial public investment in comprehensive urban design planning for the purpose of guiding planned revitalization; and
8. Public and private investment in a community urban redevelopment corporation pursuant to a plan adopted by Council which includes the provision of planned revitalization activities in the proposed EQ-PI District. Such plan shall specifically define the boundaries of such redevelopment area.
(e) Development Permission; Exemptions. The following permits are subject to review by category.
(1) Building permits not exempted by paragraph (e)(2) hereof shall not be issued until development permission is granted according to the procedures specified in subsection (f) hereof.
(2) The following building permits are exempt from the provisions of this section:
A. All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment and all other mechanical and electrical equipment not involving a change of use or occupancy;
B. Any permit necessary for compliance with retroactive provisions of the Building Code;
C. Any permit necessary for the immediate public health or safety;
D. Any permit necessary for compliance with a lawful order of the Code Enforcement Officer;
E. All permits for interior alterations and repairs;
F. All permits for exterior alterations and repairs not involving a change in use or occupancy and not increasing the floor area of a building or structure; and
G. Such other permits as may be exempt pursuant to the provisions of each specific EQ District ordinance.
(3) Permits subject to review will require the submission of an application for development permission and shall be classified for administrative review according to the following categories:
A. Category 1.
1. All permits for additions to buildings and structures;
2. All permits for replacement of existing signs and billboards which do not result in an increase in size;
3. All permits for construction of miscellaneous and accessory structures and buildings; and
4. All permits for exterior alterations and repairs involving a change in use or occupancy or an increase in the floor area of a building or structure.
B. Category 2.
1. All permits for new primary buildings or structures; and
2. All permits for new signs and billboards.
(f) Development Permission; Application. Submission requirements, review procedure, decisions, reconsideration and approval shall be as follows:
(1) Application for development permission in EQ Districts shall be made to the Code Enforcement Officer on such form or forms as may be provided by such office. The information required for submission shall be as follows:
A. The application for development permission for Category 1 permits shall include
1. Existing conditions report. Data, photographs and maps to show existing conditions and use of the property involved;
2. Physical improvements report. Written statement, drawings, renderings or elevations sufficient to show proposed construction, alterations, repairs or change in use; and
3. Supplemental information. Such supplemental information as may reasonably be required in order to assist in the EQ review process.
B. The application for development permission for Category 2 permits shall include
1. Existing conditions report. As required for paragraph (f)(1)A. hereof;
2. Development plan. Showing proposed development, including, where applicable, streets, drives, parking areas, walkways, heights of structures, location, elevation and setback of proposed buildings; drainage, grading and landscaping plans; proposed uses and square footage of uses; and recreational facilities;
3. Environmental assessment statement which:
(A) Describes the positive or negative impact of the proposed improvement, construction or development upon the applicable environmental features of the surrounding neighborhood. Environmental features for purposes of this statement include abutting land uses, traffic, noise, air, drainage (sewers) and visual quality.
(B) Demonstrates the compatibility of the proposed improvement, construction or development with the official Development Guidelines Report for the EQ District; and
4. Other information. Such other information as may reasonably be required in order to assist in the EQ review process.
(2) When it is found that an application for development permission meets the filing requirements of paragraph (f)(1) hereof and the rules and regulations of the Planning Commission, the application shall be subject to the following process:
A. The Code Enforcement Officer shall transmit the application to the Commission. The Commission shall, where necessary, meet with the applicant. On Category 2 permits, the authority shall secure, via written memorandum or conference, the comments and advice of the City's Department of Community and Economic Development on such application.
B. Within thirty days of the transmittal of the application for development permission to the Commission, the Code Enforcement Officer shall prepare a written advisory report, including all other written comments, recommending approval, approval with conditions or disapproval of such application.
(3) Decisions on applications for development permission shall be made by the Planning Commission. The procedure for decision and determination by the Commission shall be as follows:
A. Category 1 permits. The Commission, within seven days after receipt of the Code Enforcement Officer's report, shall make an administrative decision as follows: approval, approval with conditions or disapproval. Notification of such decision shall be made to the applicant. Such decisions shall be considered final unless a request for reconsideration is made in accordance with the provisions of Chapter 1268 or any other relevant provisions of these Codified Ordinances.
B. Category 2 permits. All Category 2 permit applications shall be processed by the Code Enforcement Officer in accordance with the procedures set forth in Chapter 1268 or any other relevant provisions of these Codified Ordinances, including the rights of appeal as provided therein.
(g) Modifications of Underlying District Regulations in EQ Districts.
(1) Regulations for land use, lot area, coverage, floor area, yard requirements, parking, building, height, fences and landscaping for property in an EQ District shall be determined by the underlying zoning and other applicable regulations. Such regulations, with the exception of land use and floor area limitations, may be modified as provided in paragraph (g)(2) hereof, in any EQ District, upon a finding by the Commission that the modifications will result in two or more of the following conditions:
A. Usable open space will be created for the public by the dedication of public areas or space.
B. The restoration of plant materials will be accomplished by the planting of trees, shrubs and ground covers.
C. Utility and other service distribution lines will be placed underground.
D. An improvement in public safety will result.
E. An improvement in energy conservation will result.
F. There will be a use of creative site planning and urban design in order to provide for efficient use of land and improved urban environment.
(2) Upon having made the findings set forth in paragraph (g)(1) hereof, the regulations set forth therein may be modified by the Commission up to the following limits:
A. The gross dwelling unit density and floor area limitations of any area proposed for development shall remain unchanged and conform to the basic overall density and floor area limitation requirements of the underlying zoning district. However, lot dimensions, building height, building setbacks and front, side and rear yard requirements may be modified to provide for a more functional desirable use of the property.
B. Height limitations may be removed, permitting high-rise construction, provided such additional stories to dwelling structures do not:
1. Increase gross dwelling unit densities or floor area ratios as set forth in the approved development plan;
2. Fail to result in appropriate reduction in building coverage and adherence to the objectives set forth in this section; and
3. Adversely affect surrounding structures.
(h) Violations. No owner, lessee or tenant of land shall use, construct, reconstruct, alter, maintain or divide any building, structure or land in violation of any of the provisions of this section or any resolution adopted hereafter pursuant to this section.
(Ord. 79-56. Passed 11-13-79. )