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Eureka Overview
Eureka, California Code of Ordinances
EUREKA, CALIFORNIA MUNICIPAL CODE
CHARTER OF THE CITY OF EUREKA
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: AIRPORT ZONING
CHAPTER 152: PLANNING AND ZONING ADMINISTRATION
CHAPTER 153: FLOOD HAZARD AREA REGULATIONS
CHAPTER 154: SUBDIVISION REGULATIONS
CHAPTER 155: ZONING REGULATIONS
GENERAL PROVISIONS
ZONING DISTRICT STANDARDS
CITYWIDE STANDARDS
§ 155.304 SUPPLEMENTAL USE REGULATIONS.
§ 155.304.010 PURPOSE.
§ 155.304.020 ACCESSORY USES.
§ 155.304.030 ADULT ENTERTAINMENT.
§ 155.304.040 CAR SHARE FACILITIES.
§ 155.304.050 EMERGENCY SHELTERS.
§ 155.304.060 FAMILY DAY CARE HOMES.
§ 155.304.070 HOME OCCUPATIONS.
§ 155.304.080 MANUFACTURED HOUSING.
§ 155.304.090 MOBILE VENDORS.
§ 155.304.100 MULTI-FAMILY LAUNDRY FACILITIES.
§ 155.304.110 OUTDOOR STORAGE.
§ 155.304.120 RECREATIONAL VEHICLE PARKS.
§ 155.304.130 TINY HOUSE ON WHEELS.
§ 155.304.140 TREE REMOVAL.
§ 155.304.150 VACATION RENTAL.
§ 155.308 GENERAL STANDARDS.
§ 155.308.010 LOT STANDARDS.
§ 155.308.020 HEIGHT EXCEPTIONS.
§ 155.308.030 SETBACK EXCEPTIONS.
§ 155.308.040 VISION CLEARANCE AREA.
§ 155.308.050 OUTDOOR LIGHTING.
§ 155.308.060 SCREENING FOR RESIDENTIAL ZONING DISTRICTS.
§ 155.308.070 SOLID WASTE/RECYCLABLE MATERIAL STORAGE.
§ 155.312 DESIGN STANDARDS.
§ 155.312.010 PURPOSE.
§ 155.312.020 APPLICABILITY.
§ 155.312.030 EXTERIOR MATERIALS.
§ 155.312.040 BUILDING ENTRIES.
§ 155.312.050 ARCHITECTURAL FEATURES.
§ 155.312.060 BLANK WALLS.
§ 155.312.070 GARAGE DOORS IN RESIDENTIAL ZONING DISTRICTS.
§ 155.312.080 MECHANICAL EQUIPMENT.
§ 155.316 ACCESSORY DWELLING UNITS.
§ 155.316.010 PURPOSE.
§ 155.316.020 PERMITS REQUIRED.
§ 155.316.030 WHERE ALLOWED.
§ 155.316.040 NUMBER OF ACCESSORY DWELLING UNITS.
§ 155.316.050 ACCESSORY DWELLING UNITS AS SHORT-TERM RENTALS.
§ 155.316.060 SITE AND DESIGN STANDARDS.
§ 155.316.070 INTERPRETATION.
§ 155.320 FENCES AND WALLS.
§ 155.320.010 PURPOSE AND APPLICABILITY.
§ 155.320.020 REQUIRED PERMITS AND APPROVALS.
§ 155.320.030 MEASUREMENT OF FENCE AND WALL HEIGHT.
§ 155.320.040 MAXIMUM HEIGHT.
§ 155.320.050 MATERIALS.
§ 155.320.060 NON-CONFORMING FENCES AND WALLS.
§ 155.324 PARKING.
§ 155.324.010 PURPOSE.
§ 155.324.020 APPLICABILITY.
§ 155.324.030 NUMBER OF ON-SITE PARKING SPACES REQUIRED.
§ 155.324.040 REDUCTIONS AND ALTERNATIVES TO AUTOMOBILE PARKING.
§ 155.324.050 GENERAL REQUIREMENTS.
§ 155.324.060 PARKING DESIGN AND DEVELOPMENT STANDARDS.
§ 155.324.070 BICYCLE PARKING.
§ 155.324.080 PARKING LOT LANDSCAPING.
§ 155.328 LANDSCAPING.
§ 155.328.010 PURPOSE.
§ 155.328.020 APPLICABILITY.
§ 155.328.030 LANDSCAPE PLANS.
§ 155.328.040 REQUIRED LANDSCAPE AREAS.
§ 155.328.050 GENERAL LANDSCAPE REQUIREMENTS.
§ 155.328.060 WATER EFFICIENCY IN LANDSCAPING ORDINANCE (WELO).
§ 155.328.070 MAINTENANCE AND ENFORCEMENT.
§ 155.332 RESIDENTIAL SUBDIVISION ALTERNATIVES.
§ 155.332.010 PURPOSE.
§ 155.332.020 SMALL LOT SUBDIVISIONS.
§ 155.332.030 URBAN LOT SPLIT SUBDIVISIONS.
§ 155.332.040 CONSERVATION SUBDIVISIONS.
§ 155.336 TEMPORARY USES AND STRUCTURES.
§ 155.336.010 PURPOSE.
§ 155.336.020 APPLICABILITY AND PERMIT REQUIREMENTS.
§ 155.336.030 GENERAL STANDARDS.
§ 155.336.040 TEMPORARY USES AND STRUCTURES ALLOWED BY-RIGHT.
§ 155.336.050 TEMPORARY USES AND STRUCTURES ALLOWED WITH A ZONING CLEARANCE.
§ 155.340 SIGNS.
§ 155.340.010 PURPOSE.
§ 155.340.020 APPLICABILITY.
§ 155.340.030 SIGNS ALLOWED WITHOUT PERMITS.
§ 155.340.040 PROHIBITED SIGNS.
§ 155.340.050 RULES OF MEASUREMENT.
§ 155.340.060 SIGN PERMITS.
§ 155.340.070 SIGN STANDARDS.
§ 155.340.080 GENERAL REQUIREMENTS.
§ 155.340.090 TEMPORARY SIGNS.
§ 155.344 DENSITY BONUS.
§ 155.344.010 PURPOSE.
§ 155.344.020 DEFINITIONS.
§ 155.344.030 APPLICABILITY.
§ 155.344.040 APPLICATION REQUIREMENTS.
§ 155.344.050 BONUS AND INCENTIVE CALCULATION.
§ 155.344.060 REVIEW AUTHORITY.
§ 155.344.070 FINDINGS FOR APPROVAL.
§ 155.344.080 INTERPRETATION.
ADMINISTRATIVE RESPONSIBILITIES
GLOSSARY
CHAPTER 155: ZONING REGULATIONS (old)
CHAPTER 156: COASTAL ZONING REGULATIONS
CHAPTER 157: HISTORIC PRESERVATION
CHAPTER 158: CANNABIS
CHAPTER 159: WIRELESS TELECOMMUNICATIONS FACILITIES
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.308.010 LOT STANDARDS.
   (A)   Minimum lot area.
      (1)   All newly-created lots must comply with the minimum lot area requirements for the applicable zoning district in the Zoning District Standards subchapter unless otherwise allowed by the Zoning Code. Minimum lot area requirements do not apply to existing lots.
      (2)   Minimum lot area requirements do not apply to individual condominiums or townhouse units, but instead apply to the creation of the entire site that is the location of the condominium or townhouse project.
      (3)   A lot line adjustment may not:
         (a)   Reduce the area of an existing lot to less than the minimum area for the applicable zoning district; or
         (b)   Further reduce the lot area for existing lots that do not comply with the minimum lot area for the applicable zoning district.
   (B)   Lot dimensions and configuration.
      (1)   Lots are not subject to minimum width and depth requirements.
      (2)   To approve a lot line adjustment or subdivision, the Director (or Planning Commission for subdivisions creating five or more lots) must find that the resulting lots, excluding remainder parcels, are “buildable.” A BUILDABLE LOT means a lot with a building site that can reasonably accommodate a structure in compliance with the minimum setbacks, lot coverage and other development standards for the applicable zoning district.
   (C)   Street frontage and access.
      (1)   Residential lots.
         (a)   Newly created lots in a residential zoning district must have frontage on and take direct access from a public street, an alley or recorded access easement.
         (b)   If vehicle access is not possible due to the location of existing buildings or other physical site features, the lot must be served by a minimum four-foot wide dedicated pedestrian accessway. Such cases must receive approval from the Fire Marshal of Humboldt Bay Fire District.
      (2)   Commercial or industrial lots. Commercial or industrial lots must either have public-street frontage or appropriate access provided by way of common/reciprocal easement (e.g., a vehicle access easement in a shopping center parking lot).
(Ord. 885-C.S., passed 5-21-19)
§ 155.308.020 HEIGHT EXCEPTIONS.
   (A)   Additional story - mixed-use zoning districts. In all mixed-use zoning districts, up to 20% of the building footprint may contain one additional story with habitable space above the maximum permitted building height. In no case may the project exceed the maximum floor area ratio in the applicable zone.
   (B)   Projections allowed by-right. The following building features may project above the maximum permitted building height in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required:
      (1)   Non-habitable decorative features such as spires, steeples, belfries, cupolas and domes;
      (2)   Parapets, fire escapes, catwalks and open guard rails required by law;
      (3)   Skylight, chimneys and vent stacks;
      (4)   Photovoltaic panels and wind energy systems;
      (5)   Rooftop equipment and enclosures;
      (6)   Elevator shafts and stair towers;
      (7)   Building-mounted wireless telecommunications facilities as allowed by Ch. 159 (Wireless Telecommunication Facilities);
      (8)   Amateur radio facilities and receive-only radio and television antennas;
      (9)   Flag poles; and
      (10)   Other similar building features as determined by the Director.
   (C)   Maximum height. A projection above the maximum permitted building height may not exceed the maximum height necessary to perform its intended function as determined by the Director.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)
§ 155.308.030 SETBACK EXCEPTIONS.
   (A)   Building features.
      (1)   In residential zoning districts, the following building features may project a maximum of three feet into required setbacks, but may not cross property lines without an easement or encroachment permit:
         (a)   Cornices, awnings, eaves, and other similar roof projections;
         (b)   Bay windows, balconies, sills, louvers, fireplaces, chimneys, and similar wall projections;
         (c)   Unenclosed balconies, decks, stairways, fire escapes, and other emergency egress structures (all unenclosed); and
         (d)   On demand water heaters, utility meters and/or connections, and other equipment normally associated with a structure.
      (2)   In residential zoning districts, the total length of all building wall projections (excluding eaves and other roof projections) in required setback areas may not exceed 50% of the length of the wall to which the projection is attached. See Figure 308-1.
Figure 308-1: Maximum Length of Setback Projection
 
      (3)   In non-residential zoning districts, a building feature may extend across a property line into the public right-of-way with an encroachment permit.
   (B)   Site features.
      (1)   The following site features and accessory structures may be located within required setbacks:
         (a)   At-grade flatwork such as concrete paving and patios;
         (b)   Landing places, patios, steps and decks 18 inches or less above grade;
         (c)   Wheelchair ramps and similar features for the disabled;
         (d)   Trellis structures and arbors up to ten feet in height and at least 50% transparent. See Figure 508-1 and 508-8 in § 155.508 (Glossary) for examples of a trellis and an arbor;
         (e)   Retaining walls, seating, planter boxes and other similar landscaping features up to four feet in height;
         (f)   Decorative ornamental features up to six feet in height;
         (g)   Children’s play equipment, movable dog house and similar moveable objects;
         (h)   Movable sheds, greenhouses and other similar buildings without a foundation, less than 120 square feet, and without electrical, water or sewer connections;
         (i)   Rain harvest tanks up to eight feet in height; and
         (j)   Ground-mounted mechanical and utility equipment up to 36 inches in height.
      (2)   The following accessory structures must be set back a minimum of five feet from side and rear property lines, and may not be located within a front or exterior side setback:
         (a)   Swimming pools, hot tubs, spas, fire pits, outdoor kitchens and other similar entertainment features.
         (b)   Emergency generators.
         (c)   Pergolas. See Figure 508-6 in § 155.508 (Glossary) for an example of a pergola.
      (3)   Emergency generators.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.308.040 VISION CLEARANCE AREA.
   (A)   General. For the purpose of traffic safety, properties must provide vision clearance areas (also known as sight visibility triangles) at the intersections of streets, driveways and alleys as required by this section and Municipal Code § 71.55 (Height of Obstructions). These requirements apply only to fences, walls, landscaping, trees, signs and other similar objects. These requirements do not apply to homes, garages and other buildings that comply with the minimum setback standards of the applicable zoning district.
   (B)   Non-conformities. Properties non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non- conforming Site Features).
   (C)   Vision clearance areas defined.
      (1)   Streets intersections. The intersection vision clearance area is the area formed by measuring 20 feet along the two intersecting corner lot lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 308-2.
      (2)   Driveways/alleys. The driveway/alley vision clearance area is the area formed by measuring five feet along the edge of the driveway/alley and the lot line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 308-2.
Figure 308-2: Vision Clearance Area
   (D)   Maintenance of sight lines. No fence, wall, landscaping, vehicle or object over 36 inches in height may be placed within a vision clearance area, except as allowed by division (G) below.
   (E)   Pruned trees. Trees pruned at least ten feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision clearance area.
   (F)   One-way streets. Vision clearance areas are required at the intersection of one or more one-way streets where sight visibility triangles are needed for traffic safety purposes, as determined by the Director.
   (G)   Exceptions.
      (1)   The Director, in consultation with, and concurrence by the Public Works Director and Chief of Police, may approve an administrative adjustment to allow an exception to the vision clearance area requirement.
      (2)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that compliance with the vision clearance area standard is unnecessary for traffic safety.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.308.050 OUTDOOR LIGHTING.
   (A)   Purpose. This division establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
   (B)   Applicability. The standards in this division apply to all outdoor lighting in Eureka.
   (C)   Exceptions.
      (1)   Lighting installed and maintained by the city, another public agency, or a public utility;
      (2)   Athletic field lights used within a school campus or public or private park;
      (3)   Temporary construction and emergency lighting;
      (4)   Seasonal lighting displays related to cultural or religious celebrations; and
      (5)   Low intensity string lights.
   (D)   Administrative adjustments. The Director may approve an administrative adjustment to allow deviations from the standards in this division. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and one of the following additional findings:
      (1)   The modification to the lighting standard is necessary for public safety or security purposes; or
      (2)   The modification allows for creative accent lighting of building and/or site features visible from public vantage points, and the lighting has been designed to minimize light pollution.
   (E)   Nonconformities. Properties nonconforming to this division must be brought into conformance when required by § 155.412.030 (Non-conforming Site Features). This standard does not apply to single-family uses or interior remodels with no exterior changes to the structure.
   (F)   Fixture types. All lighting fixtures must be shielded or recessed so the lighting source is not directed toward other structures, wildlife habitat, adjoining properties, or the public right-of-way. All fixtures must meet the International Dark Sky Association's (IDA) requirements for reducing waste of ambient light ("dark sky compliant") and the California Green Building Standards Code.
   (G)   Light trespass.
      (1)   Lights must be directed downward and away from adjacent lots and nearby wildlife habitat to minimize illumination of adjacent properties, nearby wildlife habitat, and the public right-of-way to the maximum extent possible.
      (2)   Direct or sky-reflected glare from floodlights may not be directed into an adjacent property or the public right-of-way.
      (3)   No lighting may produce an illumination level greater than one foot-candle on any adjacent residential property.
   (H)   Prohibited lighting. The following types of exterior lighting are prohibited:
      (1)   Bare bulbs without fixtures or hoods;
      (2)   Mercury vapor lights; and
      (3)   Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
   (I)   Parking lot lighting. See § 155.324.060(I) (Lighting).
   (J)   Residential zoning districts.
      (1)   Light fixtures in any residential zoning district may not exceed a height of 16 feet. Motion sensor lights, light fixtures used to light upper floor decks and balconies, and exterior stairs leading to upper floors, must be directed downward and away from adjoining properties and the right-of-way, and may exceed the 16-foot height limitation.
      (2)   Multi-family residential development with more than four units must provide lighting along all on-site vehicular access ways and pedestrian walkways.
      (3)   Lighting of at least one-foot candle must be provided within all covered and enclosed parking areas serving multi-family uses.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.308.060 SCREENING FOR RESIDENTIAL ZONING DISTRICTS.
   (A)   Screening requirement. In the mixed-use and industrial zoning districts, a solid wall or fence at least six feet high must be provided on all interior side and rear lot lines that abut a residential zoning district. Bushes, vines and other vegetation may be incorporated into the design of required fences.
   (B)   Non-conformities. Properties non-conforming to division (A) above must be brought into conformance when required by § 155.424.030 (Non-Conforming Site Features).
   (C)   Parking lot screening. See also § 155.324.060(K) (Screening) for parking lot screening standards.
(Ord. 885-C.S., passed 5-21-19)
§ 155.308.070 SOLID WASTE/RECYCLABLE MATERIAL STORAGE.
   (A)   Purpose. This division establishes standards for solid waste and recyclable material collection and storage areas.
   (B)   Applicability. The standards in this subsection apply to all multi-family residential and non-residential uses.
   (C)   Exceptions.
      (1)   Uses that do not store solid waste/recyclable materials outdoors.
      (2)   Structures with an existing site coverage of 100%.
   (D)   Non-conformities. Uses nonconforming to the standards in § 155.308.070(E) (Standards) must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
   (E)   Standards.
      (1)   Location. Collection and storage areas may not be located in a required parking space or landscape area, and must be located as far back from the front and exterior side lot lines as feasible.
      (2)   Screening. All outdoor collection and storage areas must be screened from view from any parking lot, street, or adjoining residential zoning district, residential use, or commercial business by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans, and seven feet for dumpsters.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.312 DESIGN STANDARDS.
§ 155.312.010 PURPOSE.
   This § 155.312 establishes design standards for new development in the residential and mixed-use zoning districts.
(Ord. 885-C.S., passed 5-21-19)
§ 155.312.020 APPLICABILITY.
   (A)   When required. This section applies to the following new development:
      (1)   All new primary buildings in the R2 and R3 zoning districts and all new non-residential primary buildings in the R1 zoning district;
      (2)   All new primary buildings in the DT, DW, HC, SC, WA, NC, HM and OR zoning districts; and
      (3)    Additions adding 30% or more floor area to the total existing floor area of a primary building in the R2 or R3 zoning districts, a primary building in a mixed-use zoning district, or a non-residential primary building in the R1 zoning district.
   (B)   Exempt projects. Projects exempt from this section include the following:
      (1)   Single-family homes, including accessory dwelling units and other structures accessory to a single-family home;
      (2)   Hospitals, medical offices and clinics, and other health care-related uses in the Hospital Medical (HM) zoning district; and
      (3)   Public infrastructure and public utility uses in any zoning district.
   (C)   Street-facing. The standards in this section apply to all exterior street-facing portions of a building.
   (D)   Equivalent degree.
      (1)   For buildings located on sites with multiple street frontages, such as buildings on corner or double frontage lots, each side of the building facing a street must feature:
         (a)   An equivalent quality of materials; and
         (b)   An equivalent degree and quality of detailing.
      (2)   For example, on a corner lot, the quality and design detail of windows on the side of the building that faces the side street must be comparable to windows on the front building wall.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.312.030 EXTERIOR MATERIALS.
   (A)   Materials allowed. All exterior materials used for additions and new construction of any primary building in the multi-family residential and mixed-use zoning districts, and non-residential primary buildings in the R1 Zoning District, must allow for long-term durability and appearance. The use of uninterrupted plywood siding, unfaced particle board, OSB and/or vinyl as exterior siding material is prohibited.
   (B)   Board and batten. Vertically-oriented board and batten must consist of separate boards and battens that are installed together onto the building wall. Pre-fabricated sheathing or siding that simulates the board and batten appearance is not allowed.
   (C)   Stucco. For all multi-family and non-residential buildings, stucco may be used for a maximum of 50% of the street-facing building wall. The calculation of the building wall area excludes windows, doors and other building openings. This standard applies to all forms of exterior plaster, including stucco, concrete plaster, elastomer and other related materials.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20)
§ 155.312.040 BUILDING ENTRIES.
   (A)   Buildings with one primary entry. For buildings with one primary entrance that provides interior access to multiple individual dwelling units or non-residential tenant spaces, the primary building entrance must face the street. See Figure 312-1.
   (B)   Multiple independent entries. On lots where units/tenant spaces have independent entrances, all ground floor units/tenant spaces with street frontage must have an entrance that faces the street. If any wall of a ground floor unit/tenant space faces the street, the unit/tenant space must comply with this requirement. For units/tenant spaces that do not front the street, entrances may face the interior of the lot. See Figure 312-2.
Figure 312-1: Building Entry Orientation - Single Primary Entry
Figure 312-2: Building Entry Orientation - Multiple Primary Entries
   (C)   Entrance design.
      (1)    Residential projects. A street-facing primary entrance to residential buildings must feature a porch, covered entry or recessed entry clearly visible from the street to give the entrance prominence. Entrances must be connected to the adjacent sidewalk with a pedestrian walkway. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim or a 45-degree cut away entry. This standard does not apply to secondary or service entrances.
      (2)   N on-residentia l projects. Primary entrances to non-residenti al and mixed-use buildings must be emphasized and clearly recognizable from the street. Methods to achieve this result include:
         (a)   Projecting non-fabric awnings or canopies above an entry (covered entry);
         (b)   Taller building mass above an entry, such as a tower that protrudes from the rest of the building surface;
         (c)   Special corner building treatments, such as rounded or angled facets on the corner, or an embedded corner tower, above the entry;
         (d)   Special architectural elements, such as columns, porticos, overhanging roofs and ornamental light fixtures;
         (e)   Projecting entries or projecting bays in the façade;
         (f)   Recessed entries or recessed bays in the façade; and
         (g)   Changes in roofline or articulation in the surface of the subject wall.
   (D)   Exceptions.
      (1)   Where a building or ground floor unit/tenant space has frontage on two streets (e.g., on a corner), only one of the two sides must have an entrance.
      (2)   The Director may allow an exception to the building entry requirement in this section with an administrative adjustment.
      (3)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that:
         (a)   The street-facing building wall incorporates architectural features and design details beyond the minimum requirements in § 155.312.050 (Architectural Features); and
         (b)   The exception allows for a clearly superior project to that which can be achieved while complying with the building entry requirement.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.312.050 ARCHITECTURAL FEATURES.
   (A)   Options for architectural features. New buildings must incorporate at least two of the following architectural features on the street-facing portions of buildings (e.g., “roof form variation” and “horizontal articulation” or “projecting bay windows” and “masonry facade”). See division (B) below for rules to measure each type of architectural feature.
   (B)   Roof form variation.
      (1)   At least 25% of the linear frontage of the building’s street-facing building roof line incorporates at least one element of variable roof form that is different from the remainder of the street-facing roof form. See Figure 312-3. The following are examples of how to meet this requirement:
         (a)   Recessed or projecting gabled roof elements;
         (b)   Roof dormers;
         (c)   Changes in roof heights;
         (d)   Changes in direction or pitch of roof slopes; and
         (e)   Other similar methods.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (C)   Roof detail and ornamentation.
      (1)   At least 80% of the linear frontage of the building’s street-facing roof line incorporates roof detail and/or ornamentation. The following are examples of how to meet this requirement:
         (a)   Parapet wall that is an average of at least one-foot tall and has a cornice;
         (b)   Periodic and articulated corbelling or dentils;
         (c)   An ornamental soffit;
         (d)   A projecting roof eave with decorative fascia and eave returns;
         (e)   A projecting roof eave with exposed rafters;
         (f)   An offset gable clearstory;
         (g)   A half story in which the building features a habitable uppermost story lighted by dormer windows where a sloping roof replaces the upper part of the front wall; and
         (h)   Other similar methods.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (D)   Horizontal articulation.
      (1)   At least 25% of the linear frontage of the ground floor street-facing building wall has a projection or recess of at least one-foot deep. If located on a building with two or more stories, the articulated elements must be greater than one story in height. See Figure 312-3. Horizontal articulation may also include an articulated corner tower, angled facet or other special articulated corner treatments.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
Figure 312-3: Roof Form Variation and Horizontal Articulation
 
   (E)    Cantilevered upper story.
      (1)   For at least 25% of the linear frontage of the street-facing building wall, an upper story building wall projects at least two feet from the ground floor building wall.
      (2)   Traditional designs must include decorative features such as knee braces. Contemporary, minimalistic designs do not require decorative features.
      (3)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (F)   Balconies. At least 20% of the linear frontage of the street-facing building wall contains at least one above-ground balcony.
      (1)   Each balcony must be either:
         (a)   A traditional balcony that is at least four feet in depth; or
         (b)   A Juliet balcony that is served by French doors and that includes metal or glass railings that allow unobstructed visibility.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (G)   Projecting windows.
      (1)   At least 25% of all windows on the street-facing building wall consist of projecting windows. The furthest extent of each projecting window must project at least one foot from the building wall. This requirement may be satisfied with bay windows, oriel windows, bow windows, canted windows and other similar designs.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (H)   Window trim.
      (1)   At least 75% of all windows on the street-facing building wall feature trim that surrounds the entire window and meets one or more of the following criteria:
         (a)   Crown molding projects at least two inches from the building wall;
         (b)   Trim material visually contrasts with the building wall; and
         (c)   Sill projects at least two inches from the building wall.
      (2)   Trim material must be constructed of materials such as wood, fiber cement board, brick, stone, stucco, concrete or cellular PVC. Foam does not meet this requirement.
      (3)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (I)   Recessed windows.
      (1)   At least 75% of all windows on the street-facing building wall are recessed at least four inches from the building wall.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (J)   Rigid window coverings.
      (1)   At least 50% of all windows on the street-facing building wall have rigid window coverings, such as rigid awnings, shade devices, above-window cornices or crowns, projecting arches or other window coverings of equivalent quality. Flexible materials such as fabric and vinyl do not satisfy this requirement.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (K)   Masonry facade.
      (1)   At least 40% of the street-facing building wall surface area is covered in masonry such as brick, stone, terrazzo, ceramic tile, or comparable material. Exposed cinder block does not satisfy this requirement.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (L)   Wood facade.
      (1)   At least 40% of the street-facing building wall surface area is covered in high-grade wood that is finished with a clear sealer or semi-transparent stain. Wood may not be painted or finished with an opaque stain. Faux wood products made from synthetic materials, including vinyl, cellular PVC and fiber cement do not satisfy this requirement.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (M)   Glass facade.
      (1)   At least 40% of the street-facing building wall surface area is covered in glass, including window glass.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (N)   Cladding materials facade.
      (1)   At least 40% of the street-facing building wall surface area is covered in, concrete tile, stone, ceramic, high-grade metal or comparable material.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (O)   Living wall.
      (1)   At least 20% of the street-facing building wall surface area is covered in a directly integrated living wall or building integrated vegetation. Plans submitted for living walls and building integrated vegetation must include a long-term maintenance plan that includes documentable evidence of on-going maintenance and operation strategies to ensure the long-term viability of the wall. Living walls and building integrated vegetation must include an integrated water delivery system.
      (2)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (P)   Combination of materials facade.
      (1)   At least 40% of the street-facing building wall surface area is covered in a combination of two or more of the following materials: masonry; stone; high-grade wood; glass; metal/ceramic cladding; or living wall. Materials used to satisfy this requirement must comply with requirements in divisions (J) through (N) above (excluding wall area percentage requirements in these paragraphs).
      (2)   The combination of materials facade option may not be double-counted with any of the other façade materials options (i.e. masonry facade, glass facade, cladding facade or living wall) to satisfy the architectural features requirement. For example, a building wall that is 40% masonry and 10% wood siding can qualify for combination of materials facade, but cannot simultaneously qualify for masonry facade. However, a wall that is 20% masonry, 20% living wall and 40% glass may satisfy two architectural features requirements, with the masonry and living wall satisfying the combination of materials option and the glass satisfying the glass facade option.
      (3)   The rule to measure this architectural feature is provided in division (B)(1) above.
   (Q)   Rules for measurement of architectural features. The architectural features in division (A) above (Options for Architectural Features) are measured as follows.
      (1)   Percent of linear frontage.
         (a)   Percent of linear frontage is used to measure roof form variation, roof detail and ornamentation, horizontal articulation, cantilevered upper story and balconies.
         (b)   Percent of linear frontage is calculated by measuring the total horizontal length of the frontage of a building’s street-facing wall relative to the total horizontal length of the architectural feature to be evaluated. For example, a three-story building with a street-facing wall that is 100 feet long has a total horizontal length of 100 feet. If that building has a cantilevered section on the second floor that has a 25-foot horizontal length, then the cantilevered section constitutes 25% of the street-facing wall’s linear frontage (25 divided by 100). In this case, the building meets the criteria for cantilevered upper story. Alternatively, if a two-story building with a 50-foot total horizontal length had two separate 20-foot long balconies on the second floor, then 80% of the street-facing wall’s linear frontage contains balconies (40 divided by 50). In this case, the building exceeds the criteria for balconies.
      (2)   Percent of all windows.
         (a)   Percent of all windows is used to measure projecting windows, recessed or protruding windows, window trim and rigid window coverings.
         (b)   Percent of all windows is calculated by counting the total number of windows on the building’s street-facing wall and then dividing that number into the architectural feature to be evaluated. For example, a building wall that contains 100 windows, 75 of which are recessed from the building wall, has 75% recessed windows. In this case, the building meets the criteria for recessed windows.
      (3)   Percent of street-facing building wall surface area.
         (a)   Percent of street-facing building wall surface area is used to measure masonry facade, wood facade, living wall, glass facade, cladding materials facade and combination of materials facade.
         (b)    Percent of street-facing building wall surface area is the total area of the building’s street-facing wall relative to the total surface area of the architectural feature to be evaluated. The building wall area measurement includes doors, windows and other openings within the wall area. For example, a building wall that is 100 feet long and 30 feet high has a total surface area of 3,000 square feet (including the wall’s windows and doors). If that same wall includes a section of exposed brick that is 50 feet long and 30 feet high, then 50% of the total wall surface area has a masonry facade. The 50% calculation may include windows and doors inset into brick wall material. In this example, the building meets the criteria for masonry facade. A street-facing building wall that is at least 80% glass may double-qualify as satisfying two architectural features. No other materials (such as masonry, green wall or cladding) may double-qualify as satisfying two architectural features.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)
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