§ 155.073 S, SOUTH MANSFIELD FORM-BASED DEVELOPMENT DISTRICT.
   (A)   Intent. The primary intent of this S, South Mansfield Form-Based Development District, is to enable and to encourage a development pattern that is compact, mixed-use, walkable, and sustainable. The secondary intent of this form-based development district is to create and to reinforce a world-class entertainment destination, that is in proximity to national and multi-national corporations and small employers, and will promote the expansion of premium retail, restaurant, residential, office, and cultural choices, will elevate the quality of life for residents and businesses, and will contribute immensely to a robust economic base for the community and immediate environs. To that end, this form-based development district regulates the development and redevelopment of property based on the following premises:
      (1)   That building regulations should equitably balance the rights of the individual and the interests of the community as a whole.
      (2)   That building form individually and collectively defines and supports the public realm.
      (3)   That building configuration should support walkability, safe streets, and safe public spaces, creating pedestrian friendly neighborhoods.
      (4)   That building scale should define streets and public spaces as rooms and they should vary by context and intensity in coordination with neighboring properties.
      (5)   That workplace, retail, and entertainment, and housing for a variety of ages and incomes are all in close proximity, with appealing open spaces and gathering places.
   (B)   Applicability.
      (1)   The provisions of this section shall be activated by "shall" or "are" when required, and "may" when optional.
      (2)   The provisions of this section, when in conflict, shall prevail over all those of other codes, ordinances, regulations, and standards of the City of Mansfield, Texas (the "existing local codes").
      (3)   The existing local codes shall continue to be applicable to all issues that are not covered by this section, except where the existing local codes would be in conflict.
      (4)   The definitions and synonyms contains regulatory language that is integral to this section. Those terms not defined in definitions and synonyms shall be accorded their commonly accepted meanings. In the event of conflict between these definitions and those specified in the existing local codes, those of this section shall take precedence.
      (5)   The provisions of this section or the numerical metrics of its tables, when in conflict with any diagrams and / or illustrations, shall take precedence.
   (C)   Warrants and variances.
      (1)   There shall only be two types of deviations from the requirements of this section: warrants and variances.
      (2)   A warrant is a ruling that shall permit a practice that is inconsistent with a specific provision of this section, but is justified by the intent of this section. The Director of Planning shall have the authority to approve or to disapprove administratively any request for a warrant. The Director of Planning warrant decisions may only be appealed to the City Manager within 30 days of the Director of Planning warrant decision. The City Manager warrant decisions may only be appealed to the City Council, and such appeal must be made within 30 days of the City Manager warrant decision. All warrant decision appeals shall be filed with the Director of Planning or their designee.
      (3)   A variance is any ruling on a deviation from the requirements of this section other than a warrant. Variances shall be granted only by the Board of Adjustments, in accordance with the provisions existing in § 155.113, Board of Adjustments.
      (4)   A warrant shall not be available for any of the following:
         (a)   The minimum height for multi-family residential buildings;
         (b)   The required provision of rear alleys;
         (c)   The minimum requirements for parking;
         (d)   The allowable building functions and the specific functions by transect zone; or
         (e)   To modify or to alter any provisions set forth in a development agreement.
   (D)   Development agreement. All applications and plans for development or redevelopment under this S, South Mansfield Form-Based Development District shall be pursuant to a development agreement approved by the City Council. A development agreement shall be approved prior to submittal of any special land assemblage plans and building plans and site plans for approval. A development agreement submitted to the City Council for review and approval shall include a concept plan depicting proposed layout, proposed transect zone boundaries, proposed civic space types, proposed development intensity, proposed building types (including height), and any other applicable attributes that may be required by the City Council. The development agreement shall additionally include a phasing plan for the development and modification of buildings. A development agreement shall be recorded in the public records and shall be binding upon all purchasers of property within the project and it may be assigned subject to approval of the City Council. A development agreement may only be altered or modified subject to the approval of the City Council. In the event that a property owner or a developer does not prepare (or have prepared on their behalf) and present a development agreement to the City Council within 90 days for review and approval of a rezoning to S, South Mansfield Form-Based Development District, then the City Council is authorized to initiate a rezoning of the property. The property owner or the developer shall abide by the terms and conditions contained in the development agreement. In the event of any violation of any term or condition in the development agreement, the City Council shall have all rights of enforcement against the property owner or the developer, all as provided in the existing local codes and the development agreement, including initiating rezoning of the property.
   (E)   Transect zones and special districts. For the purposes of this section, the "rural-to-urban transect" is defined as a cross-section of the environment showing a range of different habitats from the most rural to the most urban condition. The rural-to-urban transect of the human environment that is used in this section is divided into four "transect zones". Transect zones are administratively similar to the land use zones found in conventional codes, except that in addition to the usual building use, parking, height, and setback requirements, other elements of the intended human habitat are also integrated, including those of the private lot and building and the public frontage. These transect zones describe the physical form and the character of a place, according to the intensity of its land use. The methodology of the rural-to-urban transect allows for a broad range of building types in each transect zone, arranged to provide balanced, safe, and walkable streetscapes. The development and modification of buildings and other elements of the built environment within the private lot is regulated according to the following transect zones and special districts. The transect zones are described on Diagram 1.
      (1)   Urban Edge Transect Zone (T-3). A lower intensity residential area that has some mixed-use. Outbuildings are permitted. Planting is naturalistic and building setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions.
      (2)   Urban Transition Transect Zone (T-4). A medium intensity area that consists of a mixed-use, but a primarily residential urban fabric. It also contains a wide range of building types. Planting and building setbacks are variable. Streets typically define medium-sized blocks with buildings set near to sidewalks.
      (3)   Urban Center Transect Zone (T-5). A medium-high intensity mixed-use area that consists of buildings that accommodate retail, office, row houses, and multi-family dwellings. It has a tight network of thoroughfares with wide sidewalks and steady street tree planting and buildings set adjacent to the sidewalks.
      (4)   Urban Core Transect Zone (T-6). A high intensity mixed-use area that consists of the highest height, the greatest variety of uses, and civic buildings of regional importance. Streets have steady street tree planting and buildings are set close to wide sidewalks.
      (5)   Entertainment District (Special District No. 1). The entertainment district is intended for the creation and reinforcement of an entertainment destination for the community with select retail, residential, office, and civic choices. All land bounded to the East by the future extension of Heritage Parkway southward; to the West by State Highway 360; to the North by the railroad right-of-way; and to the South by Lone Star Road, shall be assigned to the entertainment district (Special District No. 1) and the provisions of this section modified as follows:
         (a)   Building height for allowable civic uses shall be determined by warrant.
         (b)   The following specific uses are not allowed:
            1.   Single-family residential (detached).
      (6)   Transit Oriented District (Special District No. 2). All land located within 2,640 feet of an existing or a funded rail transit station shall be assigned to a transit oriented district (Special District No. 2) and the provisions of this section modified as follows:
         (a)   Reserved.
         (b)   Land within 660 feet of the rail transit station shall be exempt from the required parking.
      (7)   Regional Center Development District (Special District No. 3). Any parcel of land that is located within 660 feet of an existing or a funded limited-access highway shall be assigned to a regional center development district (Special District No. 3) and the provisions of this section modified as follows:
         (a)   Principal buildings shall be no less than 1,500 net square feet.
         (b)   Principal buildings shall be no less than four stories.
         (c)   Principal buildings less than four stories dedicated exclusively to retail establishments or food service establishments may be approved by warrant.
      (8)   Reserved.
      (9)   The standards for the special districts in this section overlap.
      (10)   A PD, planned development district, shall not be considered as part of this form-based development district.
   (F)   Regulating plan. Reserved.
   (G)   Instructions. This section sets forth the standards that are applicable to the development and the modification of buildings and other elements of the built environment within private lots.
      (1)   This section requires two types of submittals for approval: a building plan and a site plan. The building plans that are required for zoning review do not include any construction documents, unless otherwise required.
      (2)   Plans required by this section are subject to administrative approval by the Director of Planning.
      (3)   Building plans and site plans submitted for approval by the Director of Planning shall demonstrate compliance with:
         (a)   Entertainment district (Special District No. 1);
         (b)   Transit oriented district (Special District No. 2);
         (c)   Regional center development district (Special District No. 3);
         (d)   Reserved;
         (e)   Lot standards;
         (f)   Building disposition;
         (g)   Building configuration;
         (h)   Frontage standards;
         (i)   Building function;
         (j)   Parking standards;
         (k)   Landscape standards;
         (l)   Signage standards;
         (m)   Nonconformities, if any; and
         (n)   Building materials and configuration.
   (H)   Lot standards. For the purposes of this section, each lot shall be composed of three lot layers, as shown in Diagram 4-A.
      (1)   The portion of each lot enfronting a thoroughfare or a passage shall be designated as its principal frontage. Corner lots shall designate a principal frontage either along the thoroughfare or the passage, and a secondary frontage along the remaining frontage. Lots, other than corner lots, enfronting more than one thoroughfare or passage shall have their frontages determined by warrant, and may be subject to more than one principal frontage.
      (2)   There shall be no minimum nor maximum lot width for any transect zone.
      (3)   Lot coverage by buildings and other paved surfaces shall not exceed the maximum percentages by transect zone:
         (a)   T-3 transect zones: 60% maximum.
         (b)   T-4 transect zones: 70% maximum.
         (c)   T-5 transect zones: 70% maximum.
         (d)   T-6 transect zones: 90% maximum.
   (I)   Building disposition. Buildings shall be disposed on a lot as follows:
      (1)   Facades of principal buildings shall be built parallel to a rectilinear principal frontage line or be built to the tangent of a curved principal frontage line.
      (2)   Facades of principal buildings shall occupy a minimum percentage of the principal frontage width within the front setback, as specified below, as frontage buildout:
         (a)   T-3 transect zones: 40% minimum.
         (b)   T-4 transect zones: 60% minimum.
         (c)   T-5 transect zones: 80% minimum.
         (d)   T-6 transect zones: 80% minimum.
      (3)   All principal buildings, and outbuildings, shall be setback from the boundaries of their lots by transect zone according to Diagrams 2-A, 2-B, 2-C, and 2-D.
         (a)   The front setback requirements for principal buildings may be modified by warrant to accommodate slopes over 10%.
         (b)   The front setback requirements for principal buildings, where ground floor commercial uses are provided, may be increased up to 12 feet by-right for outdoor seating and outdoor serving.
         (c)   Utility services may require easements at the frontage line, the side lot lines, and / or the rear lot lines for meters, pedestals, and other equipment requirements. The setback requirements may be modified by warrant to accommodate any easements.
      (4)   The rear setback for all outbuildings shall be a minimum of 15 feet, measured from the centerline of the rear alley. In the absence of the rear alley, the rear setback shall be a minimum of three feet.
      (5)   Specific to the T-3 Transect Zones. Two buildings may be built on each lot, one principal building at the principal frontage, and one outbuilding.
      (6)   Specific to the T-4 Transect Zones.
         (a)   Two buildings may be built on each lot, one principal building at the principal frontage, and one outbuilding.
         (b)   The principal entrance shall be on a frontage line. Forecourts and recessed stoops that recess the principal entrance from a frontage line are permitted.
      (7)   Specific to the T-5 and the T-6 Transect Zones.
         (a)   The principal entrance shall be on a frontage line. Forecourts and recessed stoops that recess the principal entrance from a frontage line are permitted.
         (b)   Outbuildings are not permitted in the T-6 transect zones.
   (J)   Building configuration.
      (1)   Building height shall be measured in stories for each habitable level above-ground as provided in below:
         (a)   Stories are measured from finished floor to finished ceiling.
         (b)   For residential building functions, all ground floors shall have a minimum story height of nine feet.
         (c)   For commercial building functions, ground floors shall have a minimum story height of 11 feet and a maximum of 25 feet. A single floor level exceeding 18 feet at the ground floor shall be counted as two stories.
      (2)   Building height is limited to the following maximum heights:
         (a)   Three stories in the T-3 transect zones.
         (b)   Four stories in the T-4 transect zones.
         (c)   There are no limitations on building height in the T-5 and the T-6 transect zones.
      (3)   Height limits for masts, water towers, belfries, clock towers, chimney flues, or elevator bulkheads shall be determined by warrant.
      (4)   Outbuildings are limited to two stories in all transect zones and they shall be no higher than the principal building on the same lot.
      (5)   The habitable space of an accessory unit within a principal building or an outbuilding shall not exceed 1,000 square feet.
      (6)   Ground floor residential functions shall be raised a minimum of two feet from the average sidewalk grade at the principal frontage in the T-4, the T-5, and the T-6 transect zones.
      (7)   For all multi-family residential buildings, building height shall be no less than four stories.
      (8)   For free standing parking structures only, building height shall be measured in feet according to below:
         (a)   A maximum of 60 feet in the T-4 transect zones.
         (b)   A maximum of 80 feet in the T-5 and the T-6 transect zones.
      (9)   For parking structures that are attached to a building or buildings, for at least 50% of their perimeter, stories may exceed the limit for parking structure height provided that they not exceed the eave height of the attached building or buildings.
   (K)   Frontage standards.
      (1)   General.
         (a)   The first lot layer shall contain the private frontage, configured by transect zone according to Diagram 3.
         (b)   Lots enfronting two or more thoroughfares or passages shall have private frontages along each thoroughfare and passage. Prescriptions for the second lot layers and the third lot layers shall pertain only to the principal frontage. The prescriptions for the first lot layer shall pertain to all frontages.
         (c)   Row houses shall provide a dooryard, a terrace, or a stoop in the private frontage.
         (d)   Multi-family residential buildings shall provide a dooryard or a terrace or a stoop for all ground floor dwellings enfronting a thoroughfare or a civic space.
         (e)   Ground floor commercial functions shall provide a shopfront frontage at minimum.
         (f)   Ground floor commercial functions may also utilize the public frontage for outdoor seating, outdoor serving, outdoor display of merchandise, and other business related activities provided that a minimum six-foot contiguous clear path be maintained within the public frontage, private frontage, or combination of both.
            1.   Outdoor displays of merchandise shall be removed from the frontage between sunset and sunrise.
         (g)   Ground floor entrances to all other building functions shall be illuminated.
         (h)   Frontages that encroach into the public frontage shall require that a minimum six-foot contiguous clear path be maintained within the public frontage, private frontage, or combination of both.
         (i)   In order to encourage diversity in architectural design, private frontages shall vary from lot to lot.
         (j)   For the purposes of this section, frontages are divided into the following types:
            1.   Porch and fence;
            2.   Dooryard and terrace;
            3.   Stoop;
            4.   Forecourt;
            5.   Shopfront;
            6.   Gallery; and
            7.   Arcade.
         (k)   In order to encourage diversity in design, building frontages shall vary from lot to lot.
      (2)   Porch and fence frontages.
         (a)   Fences and hedges may be located along the frontage lines.
         (b)   Fences and hedges at the frontage lines shall be limited to a maximum height of four feet.
      (3)   Dooryard and terrace frontages.
         (a)   Dooryards and terraces may encroach into the first lot layer up to 100% of its depth.
         (b)   Dooryards and terraces shall be raised a minimum of two feet from the average sidewalk grade at the frontage.
         (c)   Dooryards and terraces shall be no less than ten feet deep.
         (d)   Dooryards and terraces shall be bound by fences or walls on three sides.
            1.   Fences and walls shall be four feet in height.
            2.   Fences or walls shall be provided as part of the dooryard or the terrace.
      (4)   Stoop frontages.
         (a)   Stoops may be combined with a dooryard or a terrace frontage.
         (b)   Stoops may encroach into the first lot layer up to 100% of its depth.
         (c)   Stoops shall be raised a minimum of two feet from the average sidewalk grade at the frontage.
         (d)   Stoops shall be no less than four feet deep.
         (e)   Stoops may be recessed into a building facade where the front setback is less than four feet.
      (5)   Forecourt frontages.
         (a)   Forecourts shall only be combined with a dooryard or terrace, a stoop, a gallery, or an arcade frontage.
         (b)   Forecourts may be provided for pedestrians or vehicles.
         (c)   Forecourts may recess from the frontage line.
            1.   Forecourts shall recess no more than 50% of the building facade.
         (d)   Forecourts shall be limited to 4,000 square feet in area.
         (e)   Forecourts shall be bound by building facades on a minimum of two sides.
         (f)   The width of the forecourt shall count towards frontage build-out requirements.
      (6)   Shopfront frontages.
         (a)   All shopfronts shall be freestanding or combined with a gallery or an arcade frontage.
         (b)   All shopfronts shall be glazed with clear glass for no less than 70% of the ground floor building facade area and shall have a continuous knee wall between two and three feet above the sidewalk at the principal and the secondary frontages.
            1.   The principal entrance shall be at sidewalk grade.
            2.   The principal entrance may be recessed up to eight feet in depth from the building facade.
         (c)   Freestanding shopfronts may be combined with awnings, and awnings may encroach into the first lot layer up to 100% of its depth and may also encroach into the public frontage to within two feet of the curb.
            1.   Awnings may be fixed or movable.
         (d)   All awnings shall provide a minimum vertical clearance of ten feet.
         (e)   All awnings shall project horizontally from the building facade a minimum of six feet.
      (7)   Gallery frontages.
         (a)   Galleries may encroach into the public frontage to within two feet of the curb.
         (b)   Galleries shall provide a minimum vertical clearance of ten feet and project horizontally from the building facade a minimum of ten feet.
         (c)   Public planting and public lighting may only be omitted where galleries encroach into the public frontage.
         (d)   A gallery frontage may be combined with a shopfront frontage.
      (8)   Arcade frontages.
         (a)   Arcades may encroach into the public frontage to within two feet of the curb.
         (b)   Arcades shall provide a minimum vertical clearance of ten feet and project horizontally from the building facade a minimum of ten feet.
         (c)   Public planting and public lighting may only be omitted where arcades encroach into the public frontage.
         (d)   An arcade frontage may be combined with a shopfront.
      (9)   Specific to the T-3 Transect Zones.
         (a)   Porches shall be no less than eight feet deep.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 25% of its depth.
      (10)   Specific to the T-4 Transect Zones.
         (a)   Porches shall be no less than four feet deep.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 50% of its depth.
      (11)   Specific to the T-5 and T-6 Transect Zones.
         (a)   In the absence of a building facade along any part of a frontage line, a streetscreen shall be built co-planar with the facade. A streetscreen shall be between four and eight feet in height and have openings no larger than is necessary to allow automobile and pedestrian access.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 100% of its depth.
   (L)   Building function.
      (1)   General.
         (a)   Building use in this section shall be limited to those allowable building functions and to those specific uses by transect zone according to Diagram 5.
         (b)   Building uses requiring a specific use permit shall be subject to a review and a recommendation by the Planning and Zoning Commission, and approval by the City Council as established in § 155.080.
         (c)   Buildable intensity of the use shall be determined by transect zone on a per lot basis by the required parking.
      (2)   Additional use restrictions. The following uses are subject to additional restrictions:
         (a)   Accessory unit.
            1.   An accessory unit may only be provided in the following locations: within a principal building or an outbuilding or above a free-standing garage.
            2.   An accessory unit shall provide an entry independent of the principal building and that is accessible from a rear alley or from a sidewalk.
         (b)   Bed and breakfast.
            1.   The number of bedrooms available for lodging is limited by the required parking of 1.0 assigned parking spaces for each bedroom, up to five, in addition to the required parking for the residential unit.
            2.   The lodging shall be owner-occupied.
            3.   Food service may be provided in the morning.
            4.   The maximum length of stay shall not exceed 14 days.
         (c)   Hotel.
            1.   The number of bedrooms available for lodging is limited by the required parking of 1.0 assigned parking spaces for each bedroom and the area allocated to food service shall be calculated and provided with parking according to retail function.
            2.   Food service shall be provided at all times.
         (d)   Live-work unit.
            1.   The business operator shall reside at the property.
      (3)   Prohibited uses. The following uses are not allowed in any transect zone:
         (a)   Adult entertainment;
         (b)   Automotive sales;
         (c)   Automotive repair and / or automotive service facility;
         (d)   Body piercing parlor and /or tattoo parlor;
         (e)   Car wash;
         (f)   Check cashing;
         (g)   Pawn shop, secondhand shop, or thrift store;
         (h)   Retail sales of guns or weapons as a primary use;
         (i)   Retail sales of tobacco as a primary use;
         (j)   Warehousing, distribution, and / or bulk storage; and
         (k)   Wholesale business.
      (4)   Specific to the T-3 Transect Zones.
         (a)   The building area available for office use on each lot is limited to the first story of the principal building and the outbuilding.
         (b)   The maximum number of employees and occupants shall not exceed four for office use.
      (5)   Specific to the T-4 Transect Zones.
         (a)   The building area available for office use on each lot is limited to the first story of the principal building and the outbuilding.
         (b)   The building area available for retail use is limited to the first story of buildings at corner locations along avenues or drives.
         (c)   A food service establishment shall be further limited to seating no more than 60 patrons.
   (M)   Parking standards. Applicable parking regulations and restrictions as found in § 155.091, shall apply.
      (1)   Parking requirements. Parking requirements shall be determined by their building function as provided in below:
         (a)   Residential building functions.
            1.   1.0 assigned parking spaces for one bedroom.
            2.   2.0 assigned parking spaces for two or more bedrooms.
         (b)   Lodging building functions.
            1.   1.0 assigned parking spaces for one bedroom.
         (c)   Office building functions.
            1.   3.0 assigned parking spaces per 1,000 square feet of net office space.
         (d)   Retail building functions.
            1.   4.0 assigned parking spaces per 1,000 square feet of net retail space.
         (e)   Parking requirements for all other building functions shall be in accordance with the provisions existing in § 155.091.
         (f)   The following shall be exempt from parking requirements:
            1.   Liner buildings less than 30 feet deep and no more than two stories shall be exempt from parking requirements.
            2.   Retail spaces under 1,500 square feet of net retail space shall be exempt from parking requirements.
         (g)   Fractional remainders greater than one-half shall be rounded upwards.
      (2)   Parking access.
         (a)   All parking shall be accessed by alleys where available, except as provided below.
         (b)   All vehicular entrances to parking lots and parking structures shall be no wider than 24 feet at the frontage.
            1.   No vehicular entrance to any parking lot or any parking structure shall be gated.
            2.   Gates for parking structures may be permitted provided the gates are internal to the parking structure.
         (c)   All pedestrian access to parking lots and to parking structures shall be directly to a frontage line, not directly into a building, except for underground parking levels.
      (3)   Parking location.
         (a)   All garages shall be located at the third lot layer.
         (b)   All carports shall be located at the third lot layer.
         (c)   All parking lots and parking structures shall be located in the third lot layer.
      (4)   Physical requirements.
         (a)   All parking lots shall be masked from the frontage by either a building or a streetscreen.
            1.   Parking lots shall be paved in concrete.
            2.   Parking lots may only be paved in asphalt, brick, cobble, or stone by warrant.
         (b)   All parking structures shall be masked from the frontage by:
            1.   A liner building at the first two stories; or
            2.   When a liner building is not feasible, by use of plantings, glazing, or frequent openings.
         (c)   A minimum of one bicycle rack place shall be provided within the public frontage or private frontage for every 20 vehicular parking spaces.
      (5)   Specific to the T-3 Transect Zones.
         (a)   Garages may only be accessed by driveways from the principal frontage or the secondary frontage by warrant.
            1.   Driveways shall be limited to 12 feet in width in the first lot layer.
         (b)   Parking lots and parking structures are not allowed.
      (6)   Specific to the T-4 Transect Zones.
         (a)   Parking structures are not allowed.
      (7)   Specific to the T-5 and the T-6 Transect Zones.
         (a)   Parking provided shall include the actual parking spaces that are provided within the lot and the actual parking spaces that are along the parking lane corresponding to lot frontages. The parking spaces that are along the parking lane corresponding to lot frontages shall remain available to the public and cannot be restricted to use by the enfronting lots.
         (b)   Up to 100% of required parking may be provided off-site by a parking lot or parking structure within 800 feet of the lot.
   (N)   Landscape standards. Applicable landscaping regulations and restrictions as found in § 155.092, shall apply.
      (1)   General.
         (a)   All planting and landscape in the private frontage and private lots shall consist of non-invasive species.
      (2)   Porch and fence frontages. All porch and fence frontages shall be landscaped as follows:
         (a)   For every 30 feet of frontage line, a minimum of two trees shall be planted.
         (b)   Native plant perennial landscapes may be used.
      (3)   Dooryard and terrace frontages. All dooryard and terrace frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
         (c)   If planted in the private frontage, trees may match the species of trees planted in the public frontage.
      (4)   Stoop and forecourt frontages. All stoop and forecourt frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
         (c)   If planted in the private frontage, trees may match the species of trees planted in the public frontage.
         (d)   Paving, where installed, may match the public frontage except where paved with pervious materials.
         (e)   Driveways within forecourts shall be limited to 20 feet in width and portions of driveways in the private frontage may be paved in brick, cobble, stone, or may be paved to match the adjacent public frontage.
      (5)   Shopfront frontages. All shopfront frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Private frontages shall be paved to match the public frontages.
         (c)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
      (6)   Gallery and arcade frontages.
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Private frontages shall be paved to match the public frontages.
      (7)   Parking lots. All parking lots shall be landscaped as follows:
         (a)   One tree shall be planted for every ten parking spaces.
         (b)   Parking lots consisting of less than 20 parking spaces shall be exempt from landscaping requirements.
      (8)   Specific to the T-3 Transect Zones.
         (a)   One walkway, no wider than five feet, and providing access to the principal entrance shall be permitted at all frontages.
            1.   Walkways may consist of pervious materials.
         (b)   One driveway, limited to 12 feet in width, may be permitted at each frontage.
      (9)   Specific to the T-4 Transect Zones.
         (a)   One walkway, no wider than five feet, and providing access to the principal entrance shall be permitted at all frontages.
            1.   Walkways may consist of pervious materials.
   (O)   Signage standards. Unless otherwise noted below, all provisions of § 155.090, Sign Standards, shall apply to properties developed in accordance with this section.
      (1)   General.
         (a)   Temporary signs. Temporary signs may be considered for uses allowed in any transect zone.
         (b)   Prohibited signs. The following sign types are not allowed in any transect zone, and are defined in § 155.090:
            1.   Advertising signs.
            2.   Pole signs.
      (2)   Residential building functions.
         (a)   Address signs. One address number that is no more than six inches as measured vertically, may be attached to the building in proximity to the principal entrance or at a mailbox.
         (b)   Illumination. Signage may be externally illuminated.
      (3)   Other building functions.
         (a)   Sign bands.
            1.   One external permanent sign band, not to exceed three feet in height, may be applied to each building facade.
            2.   Businesses on corner lots may install one sign band per frontage.
         (b)   Canopy signs.
            1.   One canopy sign for each ground floor business shall be permitted if located within the first four inches from the outer edges of the canopy.
            2.   Businesses on corner lots may install one canopy sign per frontage.
         (c)   Window signs.
            1.   One window sign for each business on the ground floor, no more than nine square feet, may be installed within the store interior in neon tubing or applied directly to the glazing. Businesses on a corner lot may install one window sign per frontage.
            2.   Businesses on corner lots may install one window sign per frontage.
            3.   Opaque signboards are prohibited.
         (d)   Awning signs. Awnings may include signage in the form of text along the flap, no taller than six inches and text or graphics on the top, printed or applied to the fabric.
         (e)   Blade signs.
            1.   One blade sign for each ground floor business, no more than six square feet each, may be permanently installed perpendicular to the building facade.
            2.   Blade signs shall clear eight feet above the sidewalk.
            3.   Businesses on corner lots may install one blade sign per frontage.
         (f)   A-frame sidewalk signs.
            1.   One A-frame sidewalk sign not to exceed six square feet, may be placed in front of a ground floor business during business hours.
            2.   A-frame sidewalk signs shall be made of metal, wood, or synthetic wood and shall have a hand-crafted design.
         (g)   Painted mural signs.
            1.   Painted murals may not include copy related to the use or the uses of the building.
            2.   One painted mural may be applied to the facade of each building.
   (P)   Non-conformities.
      (1)   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.
      (2)   Reserved.
   (Q)   Building materials and configuration.
      (1)   Walls.
         (a)   Materials.
            1.   Reserved.
            2.   Columns along frontage lines shall be made of concrete or stone. Synthetic materials may be permitted provided they have the appearance of the materials noted above.
            3.   Foundations and piers shall be made of brick, concrete, or stone.
            4.   Structural posts along frontages shall be made of metal or wood or composite wood.
            5.   Outbuildings shall be constructed of materials to match the principal building.
         (b)   Configuration.
            1.   Reserved.
            2.   All exposed exterior wood shall be painted or stained.
            3.   All the exterior walls of a single building shall maintain a uniform level of quality in materials and detailing.
            4.   All the exterior walls of a single building shall be of three materials maximum, excluding attachments and raised basements.
            5.   All piers along frontages shall be no less than 12 inches by 12 inches in thickness.
            6.   All structural posts along frontages shall be no less than six inches by six inches nominal dimension.
            7.   Intercolumniation on the ground floor shall be vertically proportioned.
      (2)   Roofs.
         (a)   Materials.
            1.   Sloped roofs shall be clad in asphalt shingles, slate, and terra cotta tile. Sloped roof cladding may include metal, provided that it complements an architectural style and that it minimizes glare.
            2.   Flat roofs shall be clad in commercial roofing or similar.
            3.   Flat roofs shall be permitted in the T-4, the T-5, and the T-6 transect zones.
            4.   Green (vegetated) roofs shall be permitted in the T-4, the T-5, and the T-6 transect zones.
         (b)   Configuration.
            1.   Where used on a building, sloped roofs along frontages shall have symmetrical pitched roofs with slopes no less than 6:12. Porches, stoops, and dormers may have shed roofs with pitch no less than 3:12.
            2.   Where used on a building, flat roofs shall be surrounded by a horizontal parapet wall no less than 42 inches high on all sides where the roof deck meets the parapet wall.
            3.   Roof penetrations, including vent stacks, shall typically be placed on the roof slope that does not face a frontage.
      (3)   Openings.
         (a)   Materials.
            1.   All windows shall be made of painted aluminum, vinyl, or wood, and shall have clear glass.
            2.   All shutters shall be made of wood or composite wood.
            3.   Garage doors shall be made of composite wood or wood.
         (b)   Configuration.
            1.   All doors and windows shall be evenly spaced along the building facade to create a harmonious composition.
            2.   All door and window header heights shall be consistent along a building facade.
            3.   All windows along a building facade shall be rectangular in shape and vertically proportioned, with the exception of transom windows. Windows that are square in shape may be approved by warrant.
            4.   All windows along a building facade shall be recessed at least three inches in depth in exterior finish material of brick, stone, or stucco; and flush-mounted windows are not permitted.
            5.   All windows shall use vertically proportioned panes.
            6.   Shutters shall be operable and useable. If non-operable, the shutters shall be of proportions which are identical to an operable shutter for the window. Shutters shall be in louvered panel, solid panel, or board-and-batten style of construction.
      (4)   Attachments.
         (a)   Materials.
            1.   Where visible, chimneys shall be brick, stone, or stucco.
            2.   Flues may be galvanized or painted black.
            3.   All balcony floors shall be concrete slab, metal, or wood.
            4.   All porch floors shall be of brick, concrete slab, or stone.
            5.   All stoops, including the landing and the exterior stairs, shall be brick or stone.
         (b)   Configuration.
            1.   Balconies that cantilever shall be supported by brackets made of concrete beams or profiled sills, or wood beams, or other architectural support of appropriate scale.
            2.   Bay windows shall extend to the ground or be supported by concrete or wood brackets of appropriate scale.
            3.   Where visible, chimneys shall extend to the ground, and shall have a projecting cap on top.
      (5)   Shopfronts.
         (a)   Shopfront windows. First story building facades shall be a minimum of 70% clear glass as measured between the finished floor and the finished ceiling, including the glass area of the front door, and shall have a continuous knee wall above the adjacent sidewalk.
            1.   All shopfront glass shall be clear, and with no more than 10% tinted.
            2.   Colored, mirrored, or reflective glass is not permitted on any doors and windows.
         (b)   Knee walls. Shopfronts shall have a minimum 24-inch high solid knee wall along all thoroughfares. Shopfront knee walls shall be a maximum of 36 inches above the adjacent sidewalk. The knee walls shall be designed as an integral component of the overall shopfront.
         (c)   Transom windows. Shopfronts shall have a minimum 24-inch high transom window along all thoroughfares. Shopfront transom windows shall be a maximum of 48 inches high. The transom windows shall be designed as an integral component of the overall shopfront.
         (d)   Shopfront entrance doors. Shopfront entrance doors, if recessed, shall be recessed a maximum of eight feet in depth from the building facade to allow the door to swing out without obstructing pedestrian flow on the sidewalk.
            1.   Where appropriate, either sliding doors or folding doors which allow the activity of the business to open adjacent to and onto the sidewalk, may be installed for cafes and restaurants.
         (e)   Sign bands. All shopfronts shall have a sign band applied to the building facade at the top of the first story window. All sign bands shall be an integral design with the shopfront elevation and its details, and may be a contrasting color to the building.
         (f)   Awnings.
            1.   Awnings shall be canvas, metal, or glass, and they shall be coordinated with the top edge of first story doors and windows.
            2.   Awnings shall consist of sloping squares or rectangles, without side or bottom soffit panels.
         (g)   Shopfront security gates and shutters. Solid metal security gates and solid metal roll-down shutters shall not be permitted along frontages. Interior link or grill security devices may be permitted if they can be completely enclosed or hidden from view when not in use, and subject to the approval by the Director of Planning.
      (6)   Fences, walls, and other suitable visual screens.
         (a)   Fences, walls, and other suitable visual screens in accordance with the provisions existing in § 155.094 are prohibited along side lot lines and rear lot lines of multi-family residential buildings and mixed-use buildings.
         (b)   Fences along frontage lines shall be made of metal or wrought iron or wood.
            1.   All metal and wrought iron shall be black.
            2.   All wood shall be painted or stained.
            3.   All gates shall be made of metal or wood.
         (c)   Walls along frontage lines shall be constructed of brick, stone, or stucco.
            1.   All gates shall be made of metal or wood.
         (d)   Streetscreens shall be constructed of a material matching the adjacent building facade.
      (7)   Building facades shall provide architectural articulations, including recesses and projections. Architectural articulations are required at intervals of 25 feet along frontages. Architectural articulations shall be limited to four for each 100 feet of building facade length and all architectural articulations shall be a minimum of four feet in depth.
         (a)   The maximum length of a facade for a single building shall not exceed 300 feet.
         (b)   In order to encourage variety in architecture, building facades shall not be repealed along a block face or directly across from a thoroughfare.
         (c)   In mixed-use buildings, ground floor retail functions shall be distinguished from upper floors with an identifiable break or distinguishing expression line. This may include cornice lines, projections or recesses; changes in fenestration; or changes in exterior finish material.
      (8)   Building mechanical equipment such as electric meters, gas meters, water meters, and transformers and refuse storage shall be visually screened and not located along frontages.
      (9)   Rooftop mechanical equipment shall be fully screened from all sides by parapet walls or opaque screening enclosures both of which shall be at least 12 inches greater in height than the equipment.
      (10)   Outdoor refuse and outdoor recycling collection receptacles shall not be located along frontages. All collection receptacles shall be visually screened on all sides by a solid wall a minimum of six feet in height, and that is constructed of a material matching the adjacent building facade. All access doors into the collection receptacle shall be made of opaque metal matching the height of the solid walls. Lids shall be required on collection receptacles that are not in a roofed enclosure.
   (R)   Light levels.
      (1)   General.
         (a)   The design of all streetlights shall be determined by warrant.
      (2)   Specific to the T-3 and the T-4 Transect Zones.
         (a)   No lighting level measured at the frontage shall exceed 1.0 foot candles.
      (3)   Specific to the T-3 and the T-4 Transect Zones. No lighting level measured at the frontage shall exceed 2.0 foot candles.
      (4)   Specific to the T-6 Transect Zones.
         (a)   No lighting level measured at the frontage shall exceed 5.0 foot candles.
   (S)   Special land assemblage plans. A special land assemblage plan is intended to create and to reinforce a pedestrian oriented and a balanced pattern of development with a complementary mixture of retail, residential, employment, and civic choices within a walkable, compact, and visually harmonious environment, in order to provide for greater integration of public and private improvements and infrastructure, and to encourage and to enable thoroughfare connectivity. A special land assemblage plan is required for all proposed development and redevelopment on a parcel of land or on multiple parcels of land greater than two acres. The property owner or the developer shall prepare, or shall have prepared on their behalf, a special land assemblage plan.
      (1)   Thoroughfare network plan.
         (a)   General.
            1.   Thoroughfares shall terminate at other thoroughfares in intersections, forming a network.
            2.   Thoroughfares shall be paved in concrete, and they may be paved in other surface materials including asphalt, brick, cobble, or stone by warrant.
            3.   Thoroughfares shall have street trees planted on center, every 30 feet.
            4.   Unless otherwise noted below, thoroughfares shall have their assemblies and designs determined by warrant.
            5.   The thoroughfare network plan shall define blocks not exceeding the following perimeter lengths, measured as the sum of frontage lines.
               a.   T-3 transect zones: 3,000 feet.
               b.   T-4 transect zones: 2,400 feet.
               c.   T-5 transect zones: 2,000 feet.
               d.   T-6 transect zones: 1,800 feet.
         (b)   Avenues.
            1.   The minimum sidewalk width shall be six feet.
            2.   The minimum parkway width shall be four feet.
         (c)   Drives and streets.
            1.   The minimum sidewalk width shall be five feet.
            2.   The minimum parkway width shall be four feet.
         (d)   Rear alleys.
            1.   The minimum pavement width shall be 14 feet.
      (2)   Transect zones.
         (a)   The allocation and assignment of transect zones by a property owner or a developer shall be subject to review and approval of the Director of Planning.
      (3)   Civic space.
         (a)   A special land assemblage plan shall assign a minimum of 12% of its aggregate area to civic space.
            1.   The required civic space may be modified by a reduction to no less than 5% of a special land assemblage plan.
         (b)   A civic space shall be located within a maximum of 800 feet of each residential unit.
         (c)   A civic space shall conform to one of the types provided below, and as shown in Diagram 6:
            1.   Green (the minimum size shall be 0.5 acres).
            2.   Park (the minimum size shall be 1.0 acres).
            3.   Playground (there is no minimum or maximum size).
            4.   Square (the minimum size shall be 0.5 acres).
         (d)   Where feasible, parks and squares shall be activated with one or more of the following program elements:
            1.   Concert space;
            2.   Farmer's market;
            3.   Fountain;
            4.   Outdoor seating and outdoor serving (i.e., food service);
            5.   Performance space;
            6.   Public art;
            7.   Water feature; or
            8.   Waterside staircase.
         (e)   Where civic space abuts any existing or planned pedestrian or bicycle trails, then the pedestrian and bicycle trails shall be continued through the civic space.
      (4)   Building disposition.
         (a)   Building setback requirements may be modified except for the minimum front setbacks in the T-6 transect zones.
         (b)   All special land assemblage plans shall include a diverse mix of building disposition types.
      (5)   Building function.
         (a)   A special land assemblage plan shall not alter, nor modify, any of the allowable building functions or specific functions in Diagram 5.
      (6)   Signage.
         (a)   A special land assemblage plan may include additional design guidelines for signage, provided the guidelines are equal to or better than the strict application of a design standard as set forth in this section.
            1.   No sign shall exceed a maximum height of 30 feet.
            2.   No prohibited sign type shall be allowed.
            3.   No sign shall be installed within ten feet of public right-of-way.
      (7)   Building materials and configuration.
         (a)   A special land assemblage plan may include additional design guidelines for building materials and configuration, provided the guidelines are equal to or better than the strict application of a design standard as set forth in this section.
      (8)   Special requirements. To the extent that a special land assemblage plan designates any of the following special requirements, those standards shall be applied as follows:
         (a)   A mandatory terminated vista designation that requires that a building be provided with architectural articulation of a type and a character that responds visually to its axial location.
         (b)   A cross block passage that requires that a minimum ten-foot-wide pedestrian access be reserved between buildings.
         (c)   A build-to line requires the placement of the building facade along the line (forecourts may recess a building entrance from the build-to line).
      (9)   Approvals process.
         (a)   The Director of Planning shall process administratively special land assemblage plan applications. The property owner or the developer may appeal a special land assemblage plan decision to the City Manager.
         (b)   All special land assemblage plans submitted for approval shall demonstrate compliance with:
            1.   The assignment of existing and planned thoroughfares;
            2.   The allocation of transect zones;
            3.   The allocation of civic space;
            4.   The locations of public art;
            5.   Special requirements, if any; and
            6.   Other applicable attributes that may be required by the Director of Planning.
         (c)   A special land assemblage plan shall inform the building plans and site plans subject to administrative review. A special land assemblage plan shall be approved prior to building plan and site plan submittal.
      (10)   Amendments. For the purposes of this section, any modification to the special land assemblage plan and its metrics, including changes in transect zone assignments, are considered "amendments".
         (a)   Amendments to the special land assemblage plan shall not be used as a reason to add new uses, new structures, or new site improvements that are not permitted by the regulations of the transect zone in which it is located.
         (b)   All amendments to the special land assemblage plan shall be approved by the Director of Planning.
      (11)   Development agreement required. A development agreement shall be approved prior to submittal of a special land assemblage plan.
   (T)   Architectural pattern language. Reserved.
   (U)   Public art. Reserved.
   (V)   Definitions. This section provides definitions for terms used in this section that are technical in nature or that otherwise may not reflect a common usage of the term. If a term used is not defined in this section, then the Director of Planning shall determine the correct definition.
      ACCESSORY UNIT. A type of residential unit not greater than 1,000 square feet sharing ownership and utility connections with a principal building; it may or it may not be within an outbuilding. Accessory units may only be rented if the principal building is owner-occupied. Alternatively, a property owner may live in the accessory unit and rent the principal building (Synonym: ANCILLARY UNIT).
      ALLEY. A private thoroughfare designated to be a secondary means of vehicular access to the rear or side of properties; an alley may connect to a vehicular driveway that is located to the rear of lots providing access to outbuildings, service areas, and parking, and containing utility easements.
      ARCADE. A private frontage principally for retail use wherein the building facade is a colonnade supporting habitable space that overlaps the sidewalk, while the building facade at sidewalk level remains at the frontage line.
      ATTIC. The interior part of a building contained within a pitched roof structure.
      AWNING. A fixed or a movable shading structure, and cantilevered or otherwise entirely supported from a building, that is used to protect outdoor spaces from sun, rain, and other natural conditions. Awnings are typically used to cover outdoor seating for restaurants and cafes.
      BALCONY. A platform projecting from an upper-story door that is enclosed with a balustrade and that is not supported by columns.
      BED AND BREAKFAST. A type of owner-occupied lodging offering one to five bedrooms, permitted to serve breakfast in the mornings to guests.
      BLADE SIGN. A sign that is made from rigid material mounted perpendicular to a building wall with one side attached or supported by a device extending from a building wall.
      BLOCK. The aggregate of the private lots, civic spaces, passages, and rear alleys, circumscribed by thoroughfares.
      BLOCK FACE. The aggregate of all the building facades on one side of a block.
      BUILDING CONFIGURATION. The form of a building, based on its massing, its private frontage, and its height.
      BUILDING DISPOSITION. The placement of a building on its lot.
      BUILDING ELEVATION. An exterior wall of a building that is not along a frontage line (See BUILDING FACADE).
      BUILDING FACADE. The exterior wall of a building that is set along a frontage line.
      BUILDING FUNCTION. The use or the uses accommodated by a building and its lot.
      BUILDING HEIGHT. The vertical extent of a building measured in stories.
      BUILD-TO-LINE. A line established within a given lot indicating where the outer edge of a building must be located relative to frontages.
      BY-RIGHT. Characterizing a proposal or component of a proposal that complies with this section and is permitted and processed administratively, without public hearing (See WARRANT).
      CIVIC BUILDING. A building type that is operated by one or more not-for-profit organizations dedicated to arts, culture, education, and government.
      CIVIC SPACE. An outdoor area permanently dedicated for public use.
      COMMERCIAL. The term collectively defining lodging, office, and retail building functions.
      CORNER LOT. A lot or parcel of land abutting two or more thoroughfares at their intersection.
      CROSS-BLOCK PASSAGE. A publicly accessible way providing access through a block that is restricted to pedestrian use and limited vehicular access.
      DISPOSITION. See BUILDING DISPOSITION.
      DOORYARD FRONTAGE. A type of private frontage with a shallow setback, and a front garden or a patio, usually with a low wall or a hedge at the frontage line (Variant: LIGHTWELL, LIGHT COURT).
      DRIVEWAY. A vehicular lane within a lot, often leading to a garage.
      ELEVATION. See BUILDING ELEVATION.
      ENCROACH. To break the plane of a vertical or a horizontal regulatory limit with a structural element, so that it extends into a setback or extends into the public frontage or above a height limit.
      ENCROACHMENT. Any structural element that encroaches.
      ENFRONT. To place an element along a frontage.
      FACADE. See BUILDING FACADE.
      FENCE. A permeable metal or a wooden wall, independent of a building, located along a frontage line.
      FIRST LOT LAYER. The area of a lot that is comprised of the distance between the frontage line and the required setback including the private frontage.
      FORECOURT FRONTAGE. A type of private frontage wherein a portion of the building facade is close to the frontage line and the central portion is set back.
      FRONT SETBACK. The distance that is from the frontage line to the point where a principal building may be constructed. This area must be maintained clear of permanent structures with the exception of encroachments.
      FRONTAGE. The area between a building facade and the vehicular lanes, and it is inclusive of its built and its planted components. The frontage is divided into the private frontage and the public frontage.
      FRONTAGE BUILDOUT. The percentage of the lot width that is occupied by the building facade within the first lot layer.
      FRONTAGE LINE. A lot line bordering a public frontage. Building facades facing the frontage lines define the public realm and are therefore more regulated than the building elevations facing the other lot lines.
      GALLERY FRONTAGE. A type of private frontage wherein the building facade is aligned close to the frontage line with either an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk.
      GLAZING. The transparent area of a building facade.
      GREEN. A civic space available for unstructured recreation, and spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees all naturalistically disposed.
      GREEN ROOF. A layer of vegetation that is planted over a waterproof membrane. Additional features of a green roof include support for irrigation and some type of root management.
      HEIGHT. See BUILDING HEIGHT.
      INTENSITY. The magnitude of development that is permitted within a standard measure of land area.
      INTERCOLUMNIATION. The distance between two columns.
      LAYER. See LOT LAYER.
      LINER BUILDING. A building that is specifically designed to mask a parking lot or a parking structure from a frontage.
      LIVE-WORK UNIT. A mixed use unit consisting of a commercial and a residential function. The commercial function is restricted to the ground floor and the residential function may be behind or above. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity or industry.
      LOADING DOCK. An area in which goods and products are moved on and off a vehicle, and including the stall or berth, apron, and maneuvering room.
      LODGING. A type of building function available for the daily and weekly renting of bedrooms.
      LOT. A parcel of land accommodating a building or buildings.
      LOT COVERAGE. The percentage of a lot that is covered by buildings and other roofed structures and paved areas.
      LOT LAYER. A range of depth of within a lot in which there are certain elements permitted.
      LOT LINE. The boundary that legally and geometrically demarcates a lot.
      LOT WIDTH. The length of the principal frontage line of a lot.
      MANUFACTURING. Premises available for the creation, the assemblage, and / or the repair of artifacts, using only table-mounted electrical machinery or artisanal equipment, and including their retail sale.
      MIXED-USE. Multiple functions that are within the same building either through superimposition or adjacency or in multiple buildings by adjacency.
      MOBILE FOOD VENDOR. A person or a business selling foods other than fresh fruits or vegetables from a mobile food vehicle, a mobile food cart, or a food stand.
      MOBILE FOOD VENDOR PARK. A permanent location for four or more mobile food vehicles. Such sites shall include required infrastructure and public seating for all vehicles serving in the park.
      MULTI-FAMILY RESIDENTIAL UNIT. A residential unit sharing a building and a lot with other units and / or uses; and may either be for rent, or for sale as a condominium.
      MURAL. Any piece of artwork that is painted, tiled, or otherwise applied directly on an exterior wall.
      NON-CONFORMITY. Any existing function, structure, or site improvement that is in compliance with the zoning regulations that were applicable to it when it was established, and for which all the required permits were issued, but which does not conform either in whole or in part to the specific rules and regulations of this section. Such non-conformity is legal and may continue except as regulated by this section.
      OFFICE. Characterizing premises available for transaction of general business, but excluding retail, manufacturing, and artisanal uses.
      OTHER BUILDING FUNCTION. Any building function other than residential.
      OUTBUILDING. An accessory building, that is usually located toward the rear of the same lot as a principal building.
      PARK. A civic space that is designed as a natural preserve and that is available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodlands, and open shelters, all naturalistically disposed.
      PARKING LOT. An area, other than a thoroughfare or an alley, that is dedicated to unenclosed parking spaces for motorized vehicles.
      PARKING STRUCTURE. A building containing one or more stories of vehicular parking above or below grade.
      PARKWAY. The portion of the thoroughfare that accommodates street trees and other landscape.
      PASSAGE. See CROSS-BLOCK PASSAGE.
      PIER. A solid support designed to sustain vertical pressure.
      PLAYGROUND. A civic space designed and equipped for recreation of children. A playground shall be fenced, and it may include an open shelter.
      PORCH. An open-air room that is appended to a building, with floor and roof but no walls on the sides facing frontages.
      PRINCIPAL BUILDING. The main building on a lot, and is usually located toward the frontage.
      PRINCIPAL ENTRANCE. The main point of access for pedestrians into a building.
      PRINCIPAL FRONTAGE. The private frontage designated to bear the lot address, the principal entrance into the building, and the measure of minimum lot width (See FRONTAGE).
      PRIVATE FRONTAGE. The privately held lot layer between the frontage line and the principal building facade.
      PUBLIC FRONTAGE. The area between the curb of the vehicular lanes and the frontage line.
      REAR SETBACK. The distance that is from the rear lot line to the point where a building may be constructed on a lot. This area must be maintained clear of permanent structures with the exception of encroachments.
      REGIONAL CENTER DEVELOPMENT. A high intensity mixed-use center.
      REGULATING PLAN. A zoning map or a set of maps that show the thoroughfare assignments, the transect zones, and the civic spaces of areas subject to, or potentially subject to, regulation by this section.
      REQUIRED PARKING. The number of parking spaces required to accommodate a building or buildings that are on a single lot according to the intensity of their function.
      RESIDENTIAL. Premises available for long-term human dwelling.
      RETAIL. Characterizing premises available for the sale of merchandise and food service.
      ROW HOUSE. A single-family residential unit sharing a party wall with another of the same type and that occupies the full frontage line (Synonym: TOWNHOUSE.)
      SECONDARY FRONTAGE. On corner lots, the private frontage not designated as the principal frontage. As it affects the public realm, its first lot layer is regulated.
      SECOND LOT LAYER. That portion of the lot behind the first lot layer and which includes that portion of the building which enfronts the thoroughfare.
      SERVICE AREA. The portion of a property or a building exclusively dedicated to service in the form of shipping and receiving, trash and recycling collection and storage, housing of mechanical equipment, and outdoor storage areas.
      SETBACK. The area of a lot measured from the lot line to a building facade or to a building elevation that is maintained clear of permanent structures, with the exception of encroachments (Variant: BUILD-TO-LINE).
      SHOPFRONT FRONTAGE. A type of private frontage most conventional for retail use, with substantial glazing, wherein the building facade is aligned close to the frontage line with the building entrance at sidewalk grade.
      SIDEWALK. The paved section of a public frontage that is dedicated exclusively to pedestrian activity (Synonym: WALKWAY).
      SIGN BAND. A wall area of a non-residential building built along the entire width of a principal frontage or a secondary frontage, allocated for the placement of a sign above a shopfront or at the cornice.
      SQUARE. A civic space designed for unstructured recreation and civic purposes, spatially defined by building frontages, and consisting of paths, lawns, and trees, formally disposed.
      STOOP FRONTAGE. A type of private frontage, most conventional for residential use, wherein the building facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and a landing at the entrance.
      STORY. A habitable level within a building by which height is measured, but excluding an attic or a raised basement.
      STREETSCREEN. A freestanding wall built along the frontage line, or co-planar with a building facade (Synonym: STREETWALL).
      TERMINATED VISTA. A location at the axial conclusion of a thoroughfare.
      TERRACE FRONTAGE. A type of private frontage wherein the building facade is set back from the frontage line by an elevated terrace or a sunken lightwell. This type buffers residential use from urban sidewalks and it also removes the private yard from public encroachment (Synonym: LIGHTWELL).
      THIRD LOT LAYER. That portion of the lot that is not within the first and second lot layer and is least visible from the thoroughfare.
      THOROUGHFARE. A way for use by vehicular traffic and pedestrian traffic and to provide access to lots and civic spaces, consisting of vehicular lanes and the public frontage.
      VARIANCE. A ruling that would permit a practice that is inconsistent with either a specific provision or the intent 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.
      WINDOW SIGN. A logo inscribed on the storefront glass.
   Diagram 1. Transect Zone Descriptions
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(Ord. OR-2262-22, passed 6-27-22; Am. Ord. OR-2277-22, passed 10-24-22)