(A) Purpose. The primary purpose of this district is to enable and encourage increased private investment in the historic downtown and in its immediate environs. It is further the purpose of this district to build on the work protecting the historic and cultural heritage of the historic downtown for the inheritance of future generations. The following policies provide further clarification on the purpose of this district:
(1) That mixed-use development should be enabled and encouraged as a pattern of development to increase the residential density and the intensity of activity within the historic downtown in support of viable and diverse locally-oriented businesses and cultural institutions;
(2) That development within the historic downtown should be attractive to the past, the present, and the future generations, and allow them to participate in its economic growth;
(3) That small-scale, incremental development should be promoted and encouraged alongside larger development;
(4) That building regulations should equitably balance the rights of the individual and the interests of the community as a whole;
(5) That building form individually and collectively defines and supports the public realm;
(6) That building configuration should support walkability, safe streets, and safe public spaces, creating pedestrian friendly neighborhoods;
(7) That building configuration should define streets and public spaces as rooms, and should vary by context and intensity in coordination with neighboring properties; and
(8) That the harmonious and orderly evolution of the historic downtown and its surrounding areas should be secured through regulating the form of buildings.
(B) Definitions. This division provides the specific definitions for terms in this section that are either technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this division, then the Director of Planning shall determine the correct definition.
A-STREETS. Those streets that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this section.
ACCESSORY UNIT. A dwelling unit not greater than 800 square feet, and sharing ownership and utility connections with a principal building; and the dwelling may or may not be within an outbuilding and it may or may not be for rent.
ALLEY. A way designated to be a second means of vehicular access to the rear or side of properties; an alley may connect to a vehicular driveway located to the rear of lots providing access to outbuildings, service areas, or parking areas, and containing utility easements.
ATTIC. The interior part of a building contained within a pitched roof structure.
AWNING. A shading structure, cantilevered or otherwise entirely supported from a building, and used to protect outdoor spaces from sun, rain, and other natural conditions. AWNINGS are typically used to provide cover for outdoor seating for cafes and restaurants.
B-STREETS. Those streets that by virtue of their use, location, or absence of pre-existing pedestrian-supportive qualities, may meet a standard lower than that of A-streets.
BED AND BREAKFAST. An owner-occupied lodging type offering one to five bedrooms, permitted to serve breakfast in the mornings to guests.
BUILDING HEIGHT. The vertical extent of a building measured in stories.
C-STREETS. Those streets that may meet a standard lower than that of B-streets.
CIVIC SPACE. An outdoor area permanently dedicated for public use.
COMMERCIAL. The term collectively defining lodging, office, and retail functions.
DOWNTOWN ZONES (D-ZONES). One of several areas that are on a zoning map regulated by this section. D-zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended human habitat are integrated, including those of the private lot and the building and its frontage.
DRIVEWAY. A vehicular lane within a lot, often leading to a garage.
ENCROACH. To break the plane of either a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public right-of-way, or above a height limit.
FACADE. The exterior wall of a building that is set parallel or nearly parallel to a lot line bordering a street or civic space. Facades facing streets and civic space define the public realm and are therefore more regulated than the exterior walls facing the other property lines.
FOOD TRUCK SALES PARK. A site approved through a specific use permit that allows for a permanent location for four or more food trucks. All such sites shall include required infrastructure and public seating for all food trucks serving guests in the park.
FRONT SETBACK. The distance from the front lot line to the point where a building may be constructed. This area shall be maintained clear of permanent structures with the exception of encroachments.
FRONTAGE. The area between a building facade and vehicular lanes, and it is inclusive of its built and planted components.
FRONTAGE BUILDOUT. The percentage of the lot width that is occupied by the building facade within the front setback.
FUNCTION. The use or the uses accommodated by a building and its lot.
GALLERY. Frontage wherein the facade is aligned close to the lot line abutting a street or civic space with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk. See Diagram 7 at the end of this section.
GLAZING. The transparent area of a building facade.
INN. A type of lodging function, offering up to ten bedrooms, permitted to serve breakfast in the mornings to guests.
INTERCOLUMNIATION. The distance between two columns.
LINER BUILDING. A building specifically designed to mask a parking lot or parking structure from a street or civic space.
LIVE-WORK. A mixed-use unit consisting of a residential and a commercial function. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity.
LODGING. A function available for daily and weekly renting of bedrooms.
LOT. A parcel of land accommodating a building or buildings under single ownership.
LOT COVERAGE. The percentage of a lot covered by buildings and other roofed structures.
LOT LINE. The boundary that legally and geometrically demarcates a lot.
MANOR HOUSE. A small two-story multi-family residential building of two to four dwelling units that reads visually like a detached single-family residence. The habitable area of the units shall not be greater than 1,200 square feet; and may be for rent, or for sale as a condominium. See Diagram 5 at the end of this section.
MIXED-USE. Multiple functions permitted within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by warrant.
MURAL. Any piece of artwork painted, tiled, or otherwise applied directly on or affixed to an exterior wall.
OFFICE. Characterizing premises available for the transaction of general business, but excluding retail use.
OTHER FUNCTION. Any function other than residential.
OUTBUILDING. An accessory building, and usually located toward the rear of the same lot as a principal building.
PARKING STRUCTURE. A building containing one or more stories of vehicular parking above or below grade.
PASSIVE SPACE. An outdoor area within a private lot dedicated for pedestrian-oriented uses and visibly accessible from a street or civic space; it is privately owned and maintained. See Diagram 6 at the end of this section.
PATIO. A floor encroaching from a first story door that is enclosed by a fence or wall and may or may not be elevated from the sidewalk. See Diagram 8 at the end of this section.
PLANTER. The element of the public right-of-way which accommodates trees and public lighting.
PORCH. An open-air room appended to a building, with floor and roof, but no walls on the sides facing frontages. See Diagram 9 at the end of this section.
PRINCIPAL BUILDING. The main building on a lot, usually located toward the front of the lot.
PRINCIPAL ENTRANCE. The main point of access for pedestrians into a building.
RESIDENTIAL. Premises available for long-term human dwelling.
RETAIL. Premises available for the sale of merchandise and food service.
RETAIL FRONTAGE. A frontage designated on the regulating plan that requires the provision of a shopfront, encouraging the first story to be made available for retail use.
ROW HOUSE. A single-family dwelling that shares a party wall with another of the same type and occupies the full width of the front setback.
SHOPFRONT. A frontage conventional for retail use with substantial glazing wherein the facade is aligned relatively close to the lot line bordering a street or civic space with the building entrance at sidewalk grade. See Diagram 10 at the end of this section.
STOOP. A frontage wherein the facade is aligned close to the front lot line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance. See Diagram 11 at the end of this section.
STORY. A habitable level within a building by which height is measured, excluding an attic or a raised basement.
STREETSCREEN. A freestanding wall required to be built within a frontage, or co-planar with a facade.
VARIANCE. A ruling that would permit a practice that is not consistent with either a specific provision or the purpose of this section.
WARRANT. A ruling that would permit a practice that is not consistent with a specific provision of this section but is justified by its intent.
(C) Applicability.
(1) The provisions of this section are activated by "shall" when required, and by "may" when optional.
(2) The provisions of this section, when in conflict, shall take precedence over those of other codes, ordinances, regulations, and standards except for:
(a) Chapter 91 (Fire Protection and Prevention);
(b) Chapter 150 (Building Regulations); and
(c) The Subdivision Control Ordinance.
(3) The provisions of this section or the numerical metrics of its tables, when in conflict with any of its diagrams and illustrations, shall take precedence.
(4) The boundaries of this district shall be as shown in Table 1; and the boundaries of this district may be expanded to areas located outside of this district, provided that their boundaries are added to Table 1. Unless otherwise noted in this section, boundaries of D-zones shall be mapped along street centerlines and along rear lot lines and side lot lines.
(5) Planned unit development district regulations, as set forth in § 155.066, shall not be applicable within this district.
(D) Non-conformities.
(1) When a building or structure is proposed to be constructed or to be modified, the building or structure shall comply with the provisions of this section. Any non-conforming building or structure may only be expanded or modified if the expansion or modification decreases the non-conformity and thereby results in greater conformance with the provisions of this section.
(2) The temporary or the illegal use of property shall not be sufficient to establish the existence of a non-conformity or to create rights in the continuation of a non-conformity.
(3) Where buildings exist on adjacent lots, the Director of Planning may require that a proposed building match the setbacks and heights of adjacent buildings rather than the provisions of this section.
(4) Where sidewalks exist on adjacent lots, the Director of Planning may require that a proposed sidewalk match the width and materials of existing sidewalks rather than the provisions of this section.
(5) Any addition to or modification of a property located in this district, and also located in the H, Historic Landmark Overlay District, shall be subject to approval by the Historic Landmark Commission prior to review by the Director of Planning.
(E) Warrants and variances.
(1) There shall be two types of deviations from the requirements of this section: (i) warrants and (ii) variances.
(2) A warrant shall allow a practice that is not consistent with a specific provision of this section, but is justified by the purpose. The Director of Planning shall have the authority to administratively approve or disapprove any request for a warrant. Director of Planning decisions may only be appealed to the City Manager or his/her designee within 15 days of the Director of Planning decision. Appeals shall be filed with the Department of Planning.
(3) A variance is a ruling on a deviation other than a warrant. Variances may be granted by the Board of Adjustments with a recommendation provided by the Department of Planning.
(4) Variance requests heard by the Board of Adjustments shall be heard as per the rules set forth in § 155.113.
(F) Instructions. This section sets forth the standards applicable to the development and to the modification of structures and other elements of the built environment within private lots.
(1) The plans and the applications for proposed projects in this section shall require a pre-development meeting. This meeting shall include the applicant and their design professionals and the associated city departments.
(2) The plans and applications required by this section shall be subject to administrative approval.
(3) This section requires two types of plan submittals: (i) site plans and (ii) building plans. The building plans required for zoning review do not include any of the construction documents that are required for building permits. Both building plans and construction plans shall be submitted together for review.
(4) Site and building plans submitted for approval shall demonstrate compliance with:
(a) Streetscape standards;
(b) Lot standards;
(c) Building requirements;
(d) Building function;
(e) Parking standards;
(f) Landscape standards;
(g) Building frontage;
(h) Building massing;
(i) Building materials and configuration;
(j) Signage standards;
(k) Passive space;
(l) Special building requirements, if any;
(m) Special lot assemblage plans, if applicable;
(n) TOD, Transit Overlay District, if applicable; and
(o) Warrants, if any.
(G) Description of downtown zones. The D, Downtown District, is further divided into three distinct downtown zones and one special district (D-zones) using the rural-to-urban transect to provide neighborhood structure for the historic downtown and environs. The rural-to-urban transect is a means for considering and organizing the human environment according to intensities ranging from the most rural condition to the most urban condition. The D-zones are primarily classified by the: (i) physical intensity of the built form, (ii) complexity of uses within the zone, and (iii) relationship between the natural and built environment. The D-zones are calibrated to reflect existing and future contexts and their descriptions shall be as follows:
(1) D-1, Sub-Urban Zone. This zone consists of residential areas with some commercial and mixed-use activity adjacent to higher intensity zones. The character of this zone consists of detached single-family residential surrounded by lawns and landscaped yards with limited office. Pedestrians may be occasionally present, and trees are within the public right-of-way.
(2) D-2, Urban Transition Zone. This zone consists of a mixed-use, but a primarily residential urban fabric. The character of D-2 zones consists predominately of attached buildings accommodating office, restaurant, and retail mixed with row houses and small multi-family residential buildings. There is substantial pedestrian activity in this zone and trees and public lighting are within the public right-of-way.
(3) D-3, Urban Center Zone. This zone consists of mixed-use of the greatest variety and the highest intensity. The character of this zone consists of attached buildings that form a continuous street wall and accommodate diverse entertainment, multi-family residential, office, restaurant, and retail. The D-3 Zone has the highest pedestrian and transit activities; and trees and public lighting are within the public right-of-way.
(4) SD-1, Broad Street Corridor. This special district is intended to direct the re-use of historic buildings and their lots along portions of Broad Street from residential to office, restaurant, and retail uses. This special district is further intended to incubate and nurture new and distinct businesses for the historic downtown and its immediate environs.
(H) Streetscape standards. Streets in D-zones shall be assigned their designations according to Table 2. The following standards shall apply to the design and streetscape of new streets and to the modification of existing streets within D-zones:
(1) A-streets. The streetscape standards for A-streets shall be in accordance with the Historic Mansfield Downtown Design Plan and other plans and policies adopted by the City Council.
(2) B-streets.
(a) The minimum public right-of-way width shall be 50 feet.
(b) The minimum pavement width shall be 29 feet (i.e., measured from back of curb to back of curb).
(c) The planter width shall be a minimum of four-and-a-half feet.
(d) Trees shall be planted at 40 feet on center average within the planter.
(e) Public lighting shall be installed at 60 feet on center average within the planter.
(f) Public lighting shall be a post type fixture.
1. Public lighting shall be a maximum of 16 feet in height.
2. Public lighting shall be 30 feet from the intersection of two streets.
(g) The design of public lighting shall be approved by the Director of Planning.
(3) C-streets.
(a) The minimum public right-of-way width shall be 50 feet.
(b) The minimum pavement width shall be 29 feet (i.e., measured from the back of curb to back of curb).
(c) The planter width shall be a minimum of four feet.
(d) Trees shall be planted at 40 feet on center average within the planter.
(4) Smith Street. The future modification of Smith Street is envisioned to safely accommodate pedestrians, cyclists, and transit users, and to provide an attractive public realm able to support community events including festivals and outdoor food sales. Streetscape standards for Smith Street shall be in accordance with the plans and policies adopted by the City Council.
(5) Alleys.
(a) The minimum alley public easement right-of-way width shall be 20 feet.
(b) The minimum pavement width shall be 14 feet.
(c) Buildings and structures shall be set back a minimum of ten feet from the centerline of the alley, except as provided below:
1. Garages accessed by an alley shall be set back from the centerline of the alley a minimum of 15 feet.
2. The design of alleys and the setbacks of structures from alleys shall accommodate utilities and refuse collection. Paved areas for utilities and refuse collection shall be a minimum of ten feet from the centerline of the alley.
(d) Alleys shall terminate at streets.
(e) The minimum curb radius at the intersection of a street shall be determined by warrant.
(6) Walkways. One walkway no wider than five feet and providing access from the principal entrance to the street shall be permitted. Walkways shall be paved in brick, concrete, or stone.
(7) Pedestrian connections to trail network. All multi-family residential, mixed-use, or commercial buildings to be developed or redeveloped on lots abutting Pond Branch Linear Park Trail, Walnut Creek Linear Park Trail, or any other future trail network funded by the city shall provide a paved pedestrian connection directly to the trail. The width of the pedestrian connection and paving materials shall be subject to approval by the Director of Parks and Recreation.
(8) Utilities. Utilities shall be placed underground, and within the public right-of-way, including alleys.
(9) Except for streetscape standards adopted for A-streets and Smith Street, the streetscape standards may be modified by a warrant.
(I) Lot standards. This section regulates lots within D-zones, and standards shall be applied as follows:
(1) Lots in D-zones shall front on a street or a civic space.
(2) Lots in D-zones may be of any width and of any depth.
(3) Lot coverage by buildings shall not exceed the maximum percentage by D-zone as provided in below:
(a) D-1 zones: 50% maximum.
(b) D-2 zones: 60% maximum.
(c) D-3 zones: 70% maximum.
(d) SD-1: none.
(4) In D-1 and D-2 zones, only two buildings may be built on each lot, one principal building and one outbuilding.
(J) Building requirements. This division regulates the placement, height, and construction of buildings within D-zones, and standards shall be applied as follows:
(1) Principal buildings. All principal buildings shall be setback from the boundaries of their lots by D-zone as provided in below:
(a) Front:
1. D-1 zones: a minimum of 15 feet and a maximum of 30 feet.
2. D-2 zones: no minimum and a maximum of 30 feet.
3. D-3 zones: no minimum and a maximum of 30 feet.
4. SD-1: shall be determined by warrant.
(b) Side: no minimum and no maximum in any D-zone.
(c) Rear: a minimum of 15 feet (except as provided above for alley loaded configurations in § 155.072(H)(5).
(d) The front setback requirements may be modified by warrant to accommodate slopes over 10%.
(2) Outbuildings. All outbuildings shall be setback as follows:
(a) The side setback shall be a minimum of five feet as measured from the side lot line.
(b) The rear setback shall be a minimum of five feet as measured from the rear lot line.
(3) Setback considerations for utilities. The front, rear, and side setback requirements in this section may be modified to accommodate utility easements and utility services (e.g., meters, pedestals, and other equipment).
(4) Building height. Building height shall be as follows:
(a) Building height is measured in stories for each habitable level above-ground level according to the following:
1. Stories shall be measured from finished floor to finished ceiling.
2. Stories above the ground floor are limited to a maximum height of 14 feet.
3. Stories combined to exceed a maximum height of 14 feet shall be counted as multiple stories.
4. Attics are not included in building height measurement and shall not exceed a maximum height of 14 feet.
(b) Principal buildings shall not exceed a maximum of four stories in height in all D-zones, except that principal buildings in the TOD shall not exceed a maximum of six stories in height.
(c) Outbuildings shall not exceed two stories in height and shall be no higher than the principal building on the same lot.
(d) For free-standing parking structures, building height shall be measured in feet. Free-standing parking structures shall not exceed 30 feet in height.
(e) For parking structures attached to a building or buildings for at least 50% of their perimeter, stories may exceed the limit for parking structure height provided they do not exceed the eave height of the attached building or buildings.
(f) Height limits for belfries, clock towers, chimney flues, elevator bulkheads, or masts shall be determined by warrant.
(5) Habitable area.
(a) The habitable area for a single-family residence or a row house shall be a minimum of 1,800 square feet.
(b) The habitable area for a multi-family residence shall be a minimum of 700 square feet.
(c) The habitable area for an accessory unit within a principal building or an outbuilding shall not exceed 800 square feet.
(6) Tenant flexibility.
(a) The design of commercial spaces at the first and second story shall anticipate restaurant requirements. Accommodation for restaurant venting and sewage utilities such as grease traps and interceptors shall be designed into the building.
(b) Buildings shall provide maximum clear space between interior columns for first story retail and activity space.
(K) Building function. This division delegates the use or the uses of buildings and their lots within D-zones, and standards shall be applied as follows:
(1) Building use shall be limited to the allowable building functions by D-zone according to Table 3.
(2) The following building uses are modified, and additional restrictions shall be applied as follows:
(a) Bed and breakfast. The maximum length of stay shall not exceed ten days; and
(b) Live-work.
1. The commercial function is restricted to the first story.
2. The specific use shall be determined by warrant.
3. The business operator shall reside at the unit.
4. The floor area assigned to the commercial function shall not exceed 1,000 square feet.
(c) Multi-family residential building.
1. No single use multi-family residential building shall be permitted.
2. Active first story commercial use shall be required, but excluding the building area allocated to other business activities related to the multi-family residential building including, but not limited to, lobby, office, and waiting areas for service. The building area allocated to other business activities shall not count towards active first story commercial use minimum floor area requirements.
3. The building area available for commercial use shall provide a minimum depth of 40 feet. In D-2 zones, the minimum building area available for commercial use shall be 5,000 square feet. In D-3 zones, the minimum building area available for commercial use shall be 10,000 square feet. Recommended or advised commercial uses include: a bakery; a bistro; a cafe; a coffee shop; a corner market or a corner store; a dry cleaner; a pharmacy; a restaurant; or a destination or a neighborhood-oriented retail establishment.
4. The area allocated to commercial use shall be calculated and provided with parking according to retail function.
5. The first story of the front facade shall comply with the building frontage provisions for shopfronts as provided in § 155.072(N)(14). The shopfront may be combined with an awning or a gallery.
6. A warrant from these additional restrictions may only be granted subject to review and recommendation by the Director of Planning and approval by the City Council.
(3) The following specific uses are not allowed within D-zones:
(a) Adult entertainment or adult-themed retail sales;
(b) Automotive sales, automotive repair, or automotive service;
(c) Body piercing parlors or tattoo parlors;
(d) Car wash;
(e) Check cashing;
(f) Drive-through window or drive-through service;
(g) Gas station;
(h) Liquor store;
(i) Pawn shop, secondhand shop, or thrift store;
(j) Retail sales of tobacco products as a primary use; and
(k) Wholesale business.
(L) Parking standards.
(1) Required parking. Parking requirements shall be determined by use as provided below:
(a) A residential function with one bedroom (including accessory units) shall require 1.0 assigned parking spaces per unit.
(b) A residential function with two or more bedrooms shall require 2.0 assigned parking spaces per unit.
(c) A lodging function shall require 1.0 assigned parking spaces per bedroom.
(d) An office function shall require 3.0 assigned parking spaces per 1,000 square feet.
(e) A retail function shall require 4.0 assigned parking spaces per 1,000 square feet, except that retail spaces with 1,500 square feet of space or less shall be exempt from the required parking in this division.
(f) Other functions shall require parking in accordance with the provisions existing in § 155.091.
(g) In D-3 zones, the parking provided for multi-family residential buildings, mixed-use buildings, or commercial functions shall include the actual parking spaces provided within the lot and along the parking lane corresponding to the lot.
(h) In D-3 zones, 100% of the required parking for office or retail functions may be provided by a parking lot or parking structure within 800 feet of the lot.
(2) Parking access.
(a) Parking shall be accessed by alleys where available.
(b) Parking may be accessed by driveways for lots at least 60 feet wide.
(c) Driveways for single-family residences only shall be limited to 12 feet in width. Portions of the driveways for the first 30 feet of depth shall not be used for parking.
(d) Vehicular entrances to all parking lots and parking structures shall be no wider than 24 feet at the front lot line setback.
(3) Garages.
(a) Garages for single-family residences shall be detached, except as provided below. All garages for single-family residences shall be located to the rear or side of the lot.
(b) Front-facing attached garages shall only be permitted on lots for less than 60 feet in width.
(c) 1. Front-facing attached garages shall be set back at least 20 feet behind the facade and shall not exceed 40% of the width of that facade.
2. On all front-facing attached garages, a minimum of one opening for a window shall be provided.
(d) Garages for row houses may be attached to or detached from the dwelling, and shall be rear-facing.
(4) Physical requirements for parking lots and parking structures.
(a) All parking lots shall be masked from thoroughfares streets and civic spaces by a building or streetscreen.
(b) All parking structures shall be masked by liner buildings at the first two stories.
(5) A minimum of one bicycle rack place shall be provided in proximity to the principal entrance for every ten vehicular parking spaces.
(M) Landscape standards.The landscaping standards existing in the provisions of § 155.092 shall apply to development and redevelopment within D-zones.
(N) Building frontage. This division prescribes standards that regulate the quality and the design of building frontages in support of pedestrian activity and a vibrant public realm. The standards of this division are intended to ensure that buildings are designed with a clear sense of enclosure for all streets and civic spaces and enable streets and civic spaces to function as human-scaled outdoor rooms.
(1) Lots fronting two or more streets or civic spaces shall have building frontages provided along each street or civic space.
(2) All buildings shall have their principal entrance along streets or civic spaces.
(3) All single-family residences at the first story shall provide a porch or stoop at the building frontage.
(4) All row houses at the first story shall provide a stoop at the building frontage.
(5) All multi-family residential buildings shall provide a patio or porch for each dwelling at the first story.
(6) All office and retail functions at the first story shall have a shopfront at the building frontage at a minimum.
(7) All loading docks and service areas shall be located towards the rear of the lot.
(8) All building frontages shall occupy a minimum percentage of the lot line as provided below as frontage buildout:
(a) D-1 zones: 60%.
(b) D-2 zones: 70%.
(c) D-3 zones: 80%.
(d) SD-1: none.
(9) Awnings shall be permitted to encroach to within two feet of a curb with approval by the Director of Planning.
(10) (a) Balconies and bay windows shall be permitted to encroach to within five feet from the lot line.
(b) All balconies and bay windows shall be no less than three feet deep.
(11) Porches.
(a) Porches shall be no less than six feet deep.
(b) Porches shall be permitted to encroach to within five feet from the lot line.
1. Stairs to porches may encroach up to the lot line.
2. Stairs to porches shall not be permitted to encroach into the public right-of-way.
(12) Stoops:
(a) Stoops shall be no less than five feet in depth.
(b) Stoops shall be between four feet and six feet in width.
(c) Stoops shall be covered by a pitched roof structure.
(d) Stoops may be recessed into the main volume of the building where setbacks are less than five feet.
(e) Stoops shall be permitted to encroach to within five feet from the lot line.
1. Stairs to stoops may encroach up to the lot line.
2. Stairs to stoops shall not be permitted to encroach into the public right-of-way.
(13) Patios.
(a) Patios shall be no less than four feet in depth.
(b) Patios shall be covered by a pitched roof structure or a balcony above.
(14) Shopfronts.
(a) Shopfronts shall be glazed with clear glass for no less than 70% of the total building wall area between two feet and 12 feet above the adjacent sidewalk, calculated independently for each building frontage.
(b) Shopfronts shall be designed with a bulkhead and display and transom windows.
(c) All bulkheads shall be between two feet and three-and-a-half feet in height.
(d) All display windows shall be placed above the bulkheads, and below the transom windows.
(e) 1. All transom windows shall have dividing muntins and be free of signage.
2. Wall signs, if permitted, may be installed above transom windows.
(f) Shopfront doors, windows, awnings, details, and lighting shall be designed and constructed as a unified composition.
(15) Galleries.
(a) Galleries shall be no less than ten feet in depth.
(b) Galleries may encroach to within two feet of the curb with approval by the Director of Planning.
(c) Galleries shall clear a minimum of ten feet above the sidewalk.
(16) In the absence of a building facade along any part of a lot line within D-2 and D-3 zones, a free-standing wall shall be built co-planar with the facade. All streetscreens shall be between two and four feet in height, and shall have openings no larger than necessary to allow automobile and pedestrian access.
(17) Commercial functions may utilize the public right-of-way for outdoor seating, serving, display of merchandise, and other business-related activities provided a contiguous clear path that is a minimum of six feet in width be maintained within the private lot, the public right-of-way, or a combination of both.
(O) Building massing.
(1) Building facades along streets and civic spaces shall not exceed 200 feet in length.
(2) Building facades along streets and civic spaces shall have openings for doors or windows or articulations such as projections or recesses every 20 feet.
(P) Building materials and configuration.
(1) Building walls.
(a) Material.
1. Exterior finish shall be brick, stone, stucco, or wood within D-zones.
a. Synthetic exterior finish shall be permitted provided the finish has the same appearance as the materials noted above and except as provided below.
b. Exterior insulated finishing systems (E.I.F.S.) shall not be permitted as an exterior finish.
2. Bulkheads for shopfronts shall be brick, stone, or stucco.
3. Foundations shall be brick, poured concrete, or stone.
4. Arches and piers shall be constructed of brick or stone.
5. Columns shall be brick, concrete, stone, or stucco.
6. Posts shall be composite wood, metal, or wood.
7. Stoops shall be constructed of brick or stone and shall match the adjacent building facade.
8. Streetscreens shall be constructed of brick or stone and shall match the adjacent building facade.
9. Building color shall be selected according to building style and regional precedent.
(b) Configuration.
1. Where multiple exterior finishes are used on a single building, they shall only be combined on each facade horizontally, with the heavier material below the lighter (e.g., stone below brick and stucco, brick below stucco and wood, and stucco below wood).
2. No more than two exterior finishes shall be used on a building, not including the foundation or trim.
3. Building walls shall show the same exterior finish and designs on all sides.
4. Brick or stone shall be integral color and unpainted.
5. Stucco shall be cement with smooth-sand finish.
6. Exposed exterior wood shall be painted or stained.
7. Trim shall not exceed one inch in depth or six inches in width at corners and around openings. The front entrance trim may be any size or configuration.
8. Arches and piers shall be no less than 12 inches by 12 inches.
9. Columns and posts shall be no less than six inches by six inches at finished dimension.
10. Upper story columns and posts shall align with the columns and posts below.
11. Intercolumniation shall be vertically proportioned.
(2) Openings.
(a) Material.
1. Windows shall be made of painted aluminum, wood, or vinyl, and shall have clear glass.
2. Garage doors shall be of metal, wood, or composite wood.
(b) Configuration.
1. Openings for doors and windows along streets or civic spaces shall be rectangular or square in proportion.
2. Openings for doors and windows above the first story shall not exceed 50% of the total building wall area, each building facade shall be calculated independently.
3. Openings above the first story shall be centered directly above the openings on the first story.
4. Doors and windows that operate as sliders shall be prohibited along streets or civic space.
5. a. Windows shall be single-, double-, or triple-hung or operable casements. Windows shall be rectangular with either vertical or square proportion. Transoms shall be oriented horizontally with vertically proportioned panes of glass. Multiple windows in the same rough opening shall be separated by a four-inch minimum post. The centerline of the window sash shall align within the centerline of the wall (no flush-mounted windows).
b. Windows in building facades of brick, stone, or stucco shall be recessed a minimum of three inches in depth.
6. Muntins shall be true divided panes or be fixed on the interior and exterior surfaces. Panes shall be similar square or vertical proportions throughout the building.
7. Garage doors, if visible, shall not exceed ten feet in width.
(3) Attachments.
(a) Material.
1. Balcony floors shall be of metal or wood plank.
2. Patio floors shall be of brick, concrete slab, or stone.
3. Porch floors shall be of concrete slab, stone, or wood plank.
4. Stoop floors shall be of brick or stone.
5. Awnings shall be of canvas or metal.
6. Galleries shall be constructed of metal or wood.
7. Chimneys, if visible, shall be brick, stone, or stucco.
(b) Configuration.
1. The finished floor elevation for stoops shall be a minimum of two feet from the average sidewalk grade.
2. Chimneys, if visible, shall extend to the ground and shall have a projecting cap.
3. Bay windows shall extend to the floor inside and to the ground outside or be supported by visible brackets.
4. Balconies that face streets or civic space and cantilever shall be supported by visible brackets.
5. Awnings shall be sloping rectangles without bottom or side soffit panels.
(4) Roofs.
(a) Material.
1. Pitched roofs shall be asphalt shingles, metal, or slate.
2. Low-slope (flat) roofs shall be commercial quality roofing.
(b) Configuration.
1. Roofs shall be symmetrically pitched with a minimum angle 6 in 12, except that roofs provided for patios, porches, or stoops may be symmetrically pitched with a minimum angle 3 in 12. Low-slope (flat) roofs shall be permitted in D-2 and D-3 zones. Flat roofs shall be surrounded by a parapet wall no less than three-and-a-half feet high where the roof deck meets the parapet wall.
2. Skylights shall be flat to the roof plane.
3. Eaves shall be a minimum of 12 inches deep.
4. Rafter tails shall not exceed 6 inches in height at their ends.
5. Roof penetrations, including vent stacks, shall be placed on the roof slope that does not face a street or civic space.
(5) Fences and walls.
(a) Fences, walls, and other suitable visual screens in accordance with the provisions in § 155.094 may be provided along the rear lot lines and the side lot lines except where both adjoining lot areas are used for surface parking or outdoor commercial uses.
(b) 1. All fences along streets and civic spaces shall not exceed four feet in height and shall be made of wood picket, iron, steel, or aluminum that appears to be iron.
2. Fences along streets and civic spaces may have columns that are constructed of brick, stone, or stucco.
(c) All streetscreens along streets and civic spaces shall be brick, stone, or stucco and match the adjacent building facade.
(d) All fences, streetscreens, and walls along streets and civic spaces shall have designs different than the adjacent lots.
(6) Screening.
(a) Building mechanical equipment and refuse storage shall be visually screened and not located along streets or civic spaces.
(b) Building mechanical equipment on all roof tops shall be screened in a manner consistent with the architectural design of the building on all sides. All screening shall be a minimum of 12 inches higher than the building mechanical equipment to be screened on all sides.
(Q) Signage standards.
(1) Unless otherwise noted below, all the provisions existing in § 155.090 shall apply to any property developed or redeveloped in accordance with the provisions of this section.
(2) The following permanent signs shall be prohibited within D-zones:
(a) Advertising sign; and
(b) Electronic message sign and electronic reader board sign.
(3) (a) Except as provided below, the following signs shall be permitted for residential functions:
(b) One address sign, no more than six inches measured vertically, may be attached to the building in proximity to the principal entrance or at a mailbox.
(4) Except as provided below, the following signs shall be permitted for other functions:
(a) One wall sign may be applied above tenant shopfronts, below second story windows, and beneath the building cornice line. Wall signs shall not exceed three feet in height and shall not exceed 90% of the width of the building facade. Tenant shopfronts located at corner lots may have one wall sign per building facade.
(b) One name plate sign, no more than two square feet, may be provided for each tenant.
(c) One blade sign for each first story tenant, no more than six square feet, may be permanently installed perpendicular to the facade. Blade signs shall clear a minimum of eight feet above the sidewalk and project no more than two feet from the building facade. Tenants on corner lots may install one blade sign per building facade.
(d) One window sign for each first story tenant, no more than nine square feet, may be installed within the store interior in neon tubing or applied directly to the glazing. Tenants on corner lots may install one window sign per building facade. Opaque signs are not permitted.
(e) Awnings may include signage in the form of text or graphics printed or applied directly to the top of the awning. Awnings may include signage in the form of text or graphics along the flap no more than eight inches measured vertically by the awning length.
(f) One directory sign may be installed in accordance with the provisions existing in § 155.090.
(g) One institutional sign may be installed in accordance with the provisions existing in § 155.090.
(5) A-frame sidewalk signs may be permitted for retail functions in D-3 zones and shall be subject to the following standards:
(a) A-frame sidewalk signs shall not exceed three-and-a-half feet in height.
(b) A-frame sidewalk signs shall not exceed two-and-a-half feet in width.
(c) A-frame sidewalk signs shall not be located within three feet of a curb.
(d) One A-frame sidewalk sign shall be permitted for each retail tenant at the first story.
(6) Marquee signs may be permitted for live theaters in D-3 zones and shall be subject to the following standards:
(a) One marquee sign shall be permitted for each live theater.
(b) Marquee signs shall clear ten feet above the sidewalk.
(c) Marquee signs may project to within three feet of curbs.
(7) Ground-based, monument-type signs may be permitted for multi-family residential buildings in D-3 zones and commercial buildings in SD-1 zones and shall be subject to the following standards:
(a) One ground-based, monument-type sign shall be setback a minimum of five feet from the front lot line.
(b) Ground-based, monument-type signs shall be constructed of brick, stone, or stucco.
(c) Ground-based, monument-type signs shall be a maximum of six feet in height and a maximum of eight feet in width.
(d) Each sign face of a ground-based, monument-type sign shall be a maximum of 25 square feet and the total signage on all sign faces shall not exceed 50 square feet.
(8) Murals may only be permitted for multi-family residential, mixed-use, and commercial buildings in D-3 zones.
(9) Temporary signs shall comply with all the applicable regulations and restrictions found in § 155.090.
(R) Passive space. This division provides standards for locating and designing passive spaces in D-2 and D-3 zones, and standards shall be applied as follows:
(1) Commercial and mixed-use development shall be required to provide passive space. Passive spaces shall be directly entered from a street or a civic space, except that such space may be directly entered from the side of the lot if visible from a street.
(2) Passive space may be enclosed with a fence, hedge, or wall.
(3) Passive space shall be paved in brick, concrete, gravel, or grass.
(4) Passive space shall be privately owned and maintained.
(5) Passive space shall be dedicated to one or more of the following:
(a) Fountain;
(b) Furniture games;
(c) Multi-activity area;
(d) Outdoor dining;
(e) Public art;
(f) Water feature; and/or
(g) Other similar activities to be determined by warrant.
(S) Special building requirements.
(1) To the extent that a regulating plan designates any of the following special requirements, standards shall be applied as follows:
(2) A mandatory retail frontage designation requires a building provide a shopfront at the first story along the entire length of its frontage. The shopfront may be combined with an awning or gallery.
(T) Special lot assemblage plans. Where multiple lots are assembled into single ownership, and will result in a land area of four or more contiguous acres, then it may be developed as a single project. Standards shall be applied as follows:
(1) All streets shall terminate at other streets in intersections, forming a network.
(2) All projects shall allocate at least 10% of their area to civic space. Civic space shall be designed as provided in below and as generally described in Table 5.
(a) Green. Shall be a minimum of 0.5 acres in size and provide the following improvements at a minimum:
1. One bike rack;
2. One bench per 1,500 square feet;
3. One canopy tree per 4,000 square feet; and
4. Lighting and trash receptacles shall be required.
(b) Park. Shall be a minimum of 1.0 acres in size and provide the following improvements at a minimum:
1. One bike rack;
2. One bench per 2,000 square feet;
3. One canopy tree per 8,000 square feet; and
4. Lighting shall be required along all paths and trails and trash receptacles shall be required.
(c) Pocket park. Shall be a minimum of 1,000 square feet and a maximum of 0.25 acres in size and provide the following improvements at a minimum:
1. One bike rack;
2. One bench per 1,000 square feet;
3. One canopy tree per 1,000 square feet; and
4. Lighting and trash receptacles shall be required.
(d) Square. Shall be a minimum of 0.2 acres in size and provide the following improvements at a minimum:
1. One bike rack;
2. Two benches per 1,000 square feet;
3. One canopy tree per 1,000 square feet; and
4. Lighting and trash receptacles shall be required.
(3) All civic spaces, with the exception of squares, shall front on at least one street.
(4) All furnishings in civic spaces shall meet applicable city standards.
(5) All principal buildings shall be within 800 feet of a civic space.
(U) TOD, Transit Overlay District. The TOD, Transit Overlay District, is assigned to land located in proximity to an existing or funded rail transit station. The provisions of this section shall be modified as follows:
(1) All multi-family residential and mixed-use buildings shall be at least four stories in height.
(2) All office and retail functions within 660 feet of the future rail station may be exempted from required parking.
TABLE 3
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Building Function and Specific Use
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D-1 | D-2 | D-3 | SD-1 | |
TABLE 3
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Building Function and Specific Use
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D-1 | D-2 | D-3 | SD-1 | |
A. Residential | ||||
Accessory unit | P | P | P | P |
Manor house (up to four units) | P | P | P | P |
Mixed-use building | S | P | ||
Multi-family residential building | S | P | ||
Row house | S | P | P | P |
Single-family residential (detached) | P | P | P | P |
B. Lodging | ||||
Bed and breakfast (up to five rooms) | S | P | P | P |
Inn (up to ten rooms) | S | P | P | |
C. Office | ||||
Business incubator | P | P | ||
Live-work | P | P | P | P |
Office building | P | P | P | |
D. Retail | ||||
Brewery or brewpub | P | S | ||
Café | P | P | P | |
Entertainment venue | P | |||
Farmer's market | S | P | P | |
Food truck sales park | S | S | ||
Personal service | P | P | P | |
Restaurant | P | P | P | |
Retail building | S | P | P | |
E. Other | ||||
Childcare center | P | P | P | P |
Conference center | P | P | ||
Live theater | P | |||
Museum | P | P | ||
Parking lot | P | |||
Parking structure | P | |||
Religious assembly | S | S | S | S |
Legend: P: Permitted by right S: Permitted by special use permit Square left blank: The use is not permitted
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(Ord. OR-2223-21, passed 10-11-21; AM. Ord. OR-2293-23, passed 4-10-23)