CHAPTER 37
THE NINE RAILS CREATIVE DISTRICT RESIDENTIAL ZONE
THE NINE RAILS CREATIVE DISTRICT RESIDENTIAL ZONE
SECTION:
15-37-1: Purpose And Intent
15-37-2: Permitted Uses
15-37-3: Conditional Uses
15-37-4: Site Development Standards
15-37-5: Building Design Standards
15-37-6: Front Yard And Side Yard Facing A Street On A Corner Lot Fencing Material
15-37-7: Special Parking Standards Applicable To The R-9 Zone
15-37-8: Hours Of Operation For Non-Residential Uses
15-37-9: Public Art Requirement
The purpose of the R-9 zone is to create a residential area consistent with Nine Rails Creative District where artists and creators can live, work, and flourish along with traditional single and multiple-family residences and institutions. The zone is part of the East Central Community (Central Bench national historic district), and design standards reflect its unique historical development in terms of lot configuration, lot size, building architectural features, building and fencing materials, and building size. (Ord. 2022-54, 11-15-2022)
Accessory buildings and uses customarily incidental to any permitted use.
Accessory dwelling unit (see Section 15-13-39 for ADU requirements).
Agriculture.
Art gallery.
Business office primarily related to fine arts.
Boarding and lodging house; provided that no boarding or lodging house shall be located within one thousand feet (1,000'), measured in a straight line between the closest property lines of the lots or parcels of any of the following similar facilities:
A. Any other boarding or lodging house,
B. A protective housing facility,
C. A transitional housing or rehabilitation/treatment facility,
D. A residential facility for persons with disability or residential facility for the elderly of more than five (5) people, or
E. An assisted living facility.
Church, synagogue or similar permanent building used for regular religious worship.
Cottage lots (see Section 15-13-42 for requirements).
Educational institution.
Greenhouse, noncommercial only.
Group dwelling with eight (8) or fewer dwelling units in accordance with Chapter 10.
Home occupation.
Household pets.
Indoor studio for the creation or teaching of the fine arts, e.g., dance studios, art studios, excluding any use that causes noise, odor, fumes, or vibrations that are perceptible without instruments in any nearby dwelling.
Library or museum, public or nonprofit.
Live-work space (see Section 15-37-7 for requirements).
Multiple-family dwelling with eight (8) or fewer dwelling units, in accordance with the requirements of Section 15-13-27.
Photo studio.
Pigeon loft for the housing of racing pigeons (only allowed on single-family residential lots), in accordance with the standards contained in Section 15-13-19.
Public building, public park, recreation grounds and associated buildings.
Rehabilitation/treatment facility (see Section 15-13-26 for facility requirements).
Residential facilities for elderly persons (see Section 15-13-25 for facility requirements).
Residential facility for persons with a disability (see Section 15-13-15 for facility requirements).
Residential garage sales or yard sales.
Restaurant without drive-in.
Retirement home.
Short-term rental (see Section 15-13-38 for requirements).
Single-family dwelling.
Temporary building for use incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work.
Transitional housing facility (see Section 15-13-26 for facility requirements).
Two-family dwelling, in accordance with the requirements of Section 15-13-27. (Ord. 2022-54, 11-15-2022; amd. Ord. 2024-12, 5-7-2024)
The following uses shall be permitted only when authorized by a conditional use permit as provided in chapter 7 of this title:
Adult daycare.
Assisted living facility (see section 15-13-26 of this title for facility requirements).
Bed and breakfast inn, subject to the following standards:
A. Two (2) parking spaces shall be provided for the host family plus one space for each guestroom;
B. Proprietor or owner must occupy the property;
C. Meals may only be served to overnight guests;
D. Signs are limited to nameplate signs not exceeding two (2) square feet in residential zones. In addition, a freestanding identification sign not to exceed four (4) square feet is permitted. If illuminated, only indirect spotlighting is allowed, thus prohibiting backlighted signs.
Cemetery with customary incidental uses, including, but not limited to, mortuary, mausoleum, crematory, staff housing, service shops and chapel.
Daycare center.
Educational institution with housing.
Fraternal and beneficial societies, orders and social clubs of a nonprofit nature.
Group dwellings with nine (9) or more dwelling units in accordance with chapter 10 of this title.
Indoor studio for the creation or teaching of fine arts, e.g., dance studios, art studios, and uses that may cause noise, odor, fumes, vibrations that are perceptible without instruments in any nearby dwelling.
Infill developments.
Multiple-family dwelling with nine (9) or more dwelling units, in accordance with the requirements of section 15-13-27 of this title.
Nursing home.
Planned residential unit development (PRUD), in accordance with chapter 8 of this title.
Private park, playground or recreation area.
Privately operated concession or amusement business in a public park.
Public utility substation or water storage reservoir developed by a public agency.
Reception center or wedding chapel. (Ord. 2022-54, 11-15-2022)
A. Minimum Lot Area:
1. Cottage lots: One thousand five hundred (1,500) square feet.
2. All other uses: Four thousand (4,000) square feet.
3. Minimum lot area per dwelling unit: One thousand five hundred (1,500) square feet per dwelling unit.
B. Minimum Lot Width:
1. Cottage lots: Thirty feet (30').
2. All other lots: Forty feet (40').
C. Yard Setbacks:
1. Front: Minimum setback: Ten feet (10').
2. Side:
a. Main Building: Five feet (5').
b. Accessory Building: Five feet (5'), except one foot (1') if located at least six feet (6') from rear of main building, but not closer than eight feet (8') to dwelling on adjacent lot.
3. Side facing street on corner lot: Ten feet (10')
4. Rear:
a. Main building: Ten feet (10')
b. Accessory building: One foot (1'), except five feet (5') where accessory building rears on side yard of adjacent corner lot.
D. Building Height:
1. Minimum: One (1) story for single-family and two-family dwellings, two (2) stories for multiple-family and single-family rowhouses.
2. Maximum: Two and one-half (2-1/2) stories or thirty-five feet (35') for single-family and two-family dwellings. Two (2) stories for cottages. Three (3) stories for single-family rowhouses. Multiple-family dwellings shall have a maximum of four (4) stories.
E. Landscaping and Gathering Spaces:
1. For developments other than single-family, the site shall contain a plaza or usable gathering spaces within thirty feet (30') of the front property line. Each space shall be at least ten feet (10') in width and depth. The minimum total area of such space shall be two hundred (200) square feet.
2. For single-family dwellings, all yard areas are required to be landscaped and maintained. For new single-family construction the landscaping shall be installed within eighteen (18) months of the time of the first occupancy of the dwelling. For duplex and multiple-family requirements see subsection 15-13-16F of this title. (Ord. 2022-54, 11-15-2022)
A. Residential Exterior Building Design and Materials: In order to protect the historic integrity established by the existing buildings in the R-9 zone, the building design and exterior finishes of all new dwellings, including multiple-family dwellings, garages, or accessory structures, and new additions or exterior remodeling of existing buildings or accessory structures after July 31, 2010, shall comply with the following design requirements and materials. Covering of existing exterior brick with any other type of material or paint is prohibited. Properties which are on the local historic register are subject to the requirements of the local landmarks commission and are exempt from these standards if a certificate of historic appropriateness grants approval contrary to these standards.
1. Exterior Solid Wall Surface Materials:
a. Face brick (maximum brick size 2-5/8 inches by 9-5/8 inches). Synthetic brick is not permitted.
b. Wood lap or tongue and groove wood siding that creates horizontal lines, except that this material is not allowed as the main material for a multiple-family dwelling.
c. Hardiplank or similar nonvinyl or nonmetal siding material that creates a horizontal wood lap appearance, except that this material is not allowed as the main exterior material for multiple-family dwellings over two stories in height.
d. Stucco or stucco appearing material so long as there are breaks in the wall plane with brick or stone relief areas, except that this material is not allowed as the main material for a multiple-family dwelling.
e. A combination of brick as the base level material around all four sides of a single-family or two-family dwelling and stucco appearing material, wood or hardiplank type materials above the brick; provided that on single-story buildings the brick extends at a minimum to the bottom of the windowsills and for two-story structures the brick extends at a minimum to the beginning of the second story, and the transition between the two types of exterior materials is defined by a projection of the upper floor beyond the main wall or a break in the wall surface due to a porch roofline.
2. Exterior Solid Wall Accent Surface Materials: There are portions of a wall surface that can be designed as either areas of decoration to a building or provide a continuity of design depending on the design concept of the building. Materials used on gable ends of a building, dormers, bay projections, chimneys, quoins, pillars and other ornamental features have a wider variety of design patterns and materials and are not limited to materials with horizontal lines. Materials that are allowable for these features are:
a. the same brick, wood, stucco, or hardiplank or similar nonvinyl or nonmetal siding material that creates a horizontal wood lap appearance used on the main walls of the building.
b. stucco, wood, or synthetic materials that have a wood or stucco appearance and create a variation of patterns that accent the architectural feature.
c. brick, stone or synthetic stone in patterns different from the major wall material.
3. Windows on Wall Surfaces Facing a Public Street: The minimum amount of glass for the ground floor level of a single-family or two-family dwelling facing the street is 15% of the wall surface and, for single-family or two-family dwellings on a corner lot, 10% of the wall surface facing the side street. For two-story single-family or two-family dwellings, the minimum amount of glass for the second story is 10% of the wall surface facing the street and, for the second story of a single-family or two-family dwelling on a corner lot, 7.5% of the second story wall facing the side street. A multiple-family dwelling shall have, at a minimum, the same amount of glass on all levels of the building as the main level.
4. Roof Design and Materials: Only roof designs that either are gabled, gambrel, or hip design are permitted for single-family or two-family dwellings; except that multiple-family dwellings may have a flat roof. The minimum roof slope is three to twelve (3 rise to 12 length) for pitched roofs. The roof exterior surface for pitched roofs is limited to asphalt shingles, wood shake or shingle, tile or tile appearing material or composite materials that have the same visual appearance as the permitted materials.
Gabled
Gambrel
Hip
5. Entry Porches:
a. All new single-family dwellings and at least one dwelling unit in a new two-family dwelling are required to have a main entrance facing the street with a porch and associated roof over that porch.
b. The main entrance into a new multiple-family dwelling shall have a covered porch that faces the street.
c. The roof covering over the porch shall be an extension of the building design and building materials and shall have a minimum projection over the front door of four feet (4') and a maximum of eight feet (8').
d. Any new porch:
(1) shall be a minimum of five feet wide along the front face of the building and, for single-family dwellings and two-family dwellings, may extend the full length of the front of the dwelling;
(2) shall remain open on two sides (except for insect see through screens); and
e. May not have glass or walls taller than forty inches (40") around the sides that are open.
f. Existing porches that are open on three (3) sides cannot be enclosed on one side but shall remain open on three (3) sides.
g. A porch, including overhangs, may extend into the required front or street facing side yard, but shall not be closer than five feet (5') from the property line.
6. Building Articulation: New buildings shall provide a horizontal articulation at least two feet deep a minimum of every 50 feet along the street facing facade.
7. Garage Requirement, Design, Exterior Material, Locations and Other Parking Regulations:
a. New attached garages shall have the same exterior wall treatment as the dwelling to which the garage is attached.
b. Detached new or remodeled garages located behind the home on an interior lot may have either the same exterior wall treatment as the dwelling or may use one of the solid wall surface materials listed under Subsection A.1.
c. A garage constructed after July 31, 2010, shall have the same roof slope as the dwelling, shall use the same material used in the gable ends of the roof of the dwelling if such roof treatment exists on the dwelling, and the eave line of the garage roof facing the street shall have the same detail/ornamentation that is present on the exterior of the dwelling facing the street. If no ornamentation exists on the dwelling, none is required on the garage. Roofing material for the garage shall be the same roofing material as the home.
d. A new garage constructed on an interior lot may be freestanding and set back behind the back line of the home or attached to the rear of the home with either a side or rear garage door for vehicle entry into the garage.
Detached or attached garage location for interior lots.
e. A garage constructed on a corner lot may be:
(1) Freestanding in the rear yard if located a minimum of 20 feet behind the side line of the home on the side facing a street on a corner lot and if it can meet the other required yard setbacks. If the garage cannot meet the required minimum setbacks it may be less than 20 feet from the side line of the home, but in no case shall it be less than five feet behind the side line of the home on the side facing a street on a corner lot (see Figure I);
(2) Behind the home on the opposite side of the lot from the street corner and not facing the street (see Figure II); or
(3) Attached to the home with an entrance into the garage on the side of the house facing the street (see Figure III).
f. Notwithstanding other general regulations, no recreational vehicle or accessory vehicle parking slab is permitted in the side yard setback or at the side of a dwelling in the R-9 zone and no front yard parking slab is permitted, even if no parking is available on the site in the R-9 zone.
g. Driveways leading to legal parking for a single-family or two-family dwelling shall be a maximum of 12 feet in width along the side of the home and then shall flare to a width necessary to provide access to the garage and the maneuvering space needed to access the garage; except access to a garage on a corner lot may have a maximum width of 24 feet.
h. Any garage, carport, or surface parking as part of a multiple-family dwelling shall be located only in the rear yard.
8. Accessory Building under 200 Square Feet, Location, Exterior Material and Other Regulations: An accessory building under 200 square feet, other than a garage or accessory dwelling unit, shall comply with the following regulations:
a. The accessory building may be located:
(1) for a dwelling on an interior lot, other than a multiple-family dwelling, in a location allowed by the yard setbacks of this chapter;
(2) for a dwelling on a corner lot, other than a multiple-family dwelling, in a location described in Subsection A.7.e.(1) or (2); or
(3) for a multiple-family dwelling, only in the rear yard.
b. Exterior wall finish materials are limited to:
(1) brick, stone or synthetic stone;
(2) wood lap, tongue and groove siding, hardiplank, or other similar siding;
(3) vinyl/resin siding, glass, stucco or stucco appearing material;
(4) metal siding that has a baked enamel paint or vinyl coating. No galvanized or bare metal is permitted;
(5) architectural metal when approved by the planning commission on a case by case basis.
c. Roofing shall be made of materials designed for such application, including composition asphalt/fiberglass shingles, wood shakes, slate, tile or similar appearing materials, standing seam metal roof systems and metal shingles, and vinyl/resin materials if part of a premanufactured building. Galvanized metal surfaces, reflective surfaces or reuse materials that are not originally designed as an exterior wall or roof finish material are not permitted.
d. The director may allow the use of materials other than those listed above only if they are compatible with the exterior materials and finishes of the main residential building. If agreement cannot be reached on compatibility, the proposed materials/finishes shall be subject to planning commission review and approval.
9. Brick Painting Limitations: Existing buildings with brick exterior are:
a. prohibited from painting or covering exterior brick except as provided in Subsection b.
b. painting or sealing of unpainted brick may be approved by the planning commission if an evaluation is submitted to the planning commission that has been reviewed by the director providing information that:
(1) painting or sealing of the brick is required to provide a protective surface that will limit the continued erosion of the brick;
(2) the paint or sealant used will preserve the brick; and
(3) the color of the paint or sealant will match the existing brick color.
B. Exceptions:
1. Additions, repairs or maintenance of an existing dwelling may vary from either the exterior wall materials or the roof design and materials required by subsection A of this section if the building exterior material or the roof design and materials, as of July 31, 2010, do not meet the material types or roof shape specified in this section and the addition or repair will match the existing building in exterior materials and roof shape.
2. If the exterior material of an existing dwelling is impossible to match because the material is no longer available, the exterior wall material may be any of the allowed exterior materials permitted in this section.
3. If an addition is to the rear of a dwelling on an interior lot and does not face a street, the exterior wall material may be any of the allowed exterior materials permitted in this section.
C. Non-residential Building Design Standards:
1. Main non-residential buildings shall be oriented toward the primary street. No parking shall be placed between the main building and the primary street.
a. Street facing building facades shall not extend more than thirty feet (30') without a pedestrian entrance. There shall be a walkway directly between the pedestrian entrance and the street.
b. Buildings shall provide at least a two foot (2') horizontal articulation of the building at least every fifty feet (50') of building frontage along the street facing facades.
c. At least twenty percent (20%) of the ground floor street facing facade shall be windows. Windows shall be transparent (not tinted or reflective).
d. Materials.
(1) Allowable materials on the primary facade include brick, stone, concrete, wood, and metal. Veneer brick and stone are acceptable. Synthetic brick/stone, concrete masonry units (CMU), and vinyl siding are not allowed.
(2) Secondary facades may have any of the materials allowed on the primary facade, plus concrete masonry units (CMU), metal siding, and stucco.
D. Lighting: Building frontages shall have pedestrian-scale illumination. Lighting shall be directed toward pedestrian ways and not residential windows or the sky.
Pedestrian scale lighting
(Ord. 2022-54, 11-15-2022; amd. Ord. 2024-8, 4-9-2024)
Fences in the front yard setback or a side yard facing a street on a corner lot are limited to wood, decorative metal, vinyl and plant material that may form a hedge. Brick or stone may be used as columns in the fence design. Chainlink fencing is not permitted in the front yard setback or in the side yard facing a street on a corner lot. All fencing designs other than hedges shall be open in their design with a minimum spa cing between the solid members of the fen ce being equal to or greater than the width of the solid members of the fence. Ow ners of property with existing chainlink, as of July 31, 2010, shall not expand the use of chainlink fencing. If a chainlink fence is replaced it may only be replaced with a fence made with material permitted by this section.
(Ord. 2022-54, 11-15-2022)
A. Multiple-family and rowhouse developments that provide at least seventy-five percent (75%) structured or underground parking within the building footprint may reduce the minimum parking by requirement by 0.10 stalls per dwelling unit.
B. Development that provides transportation alternatives, such as a car share program or transit passes for residents may reduce the minimum required parking by 0.20 stalls per dwelling unit.
C. Development within one thousand feet (1,000') of a bus rapid transit stop, measured by legal public walking distance from property line to transit stop, may reduce the minimum parking requirements by 0.20 stalls per dwelling unit or twenty-five percent (25%) for non-residential uses. This may not be combined with the reduction allowed for proximity to mass transit stops allowed under section 15-12-3A.
D. Electrical vehicle charging shall be provided as follows:
1. Multiple-family developments providing garage spaces for individual dwelling units shall either install an electrical vehicle charging facility within each unit's garage or provide an adaptable system such that a charging facility could be installed in the garage upon the tenant's request without major renovations or electrical service upgrades.
2. Multiple-family developments with seventeen (17) or more dwelling units not provided individual garage spaces shall provide at least one (1) electrical vehicle charging stall for every thirty (30) dwelling units without garage space.
3. Other developments providing thirty (30) or more parking stalls shall provide at least one (1) electrical vehicle charging stall.
E. Bicycle Parking:
1. Multiple-family and single-family rowhouse development shall provide one (1) secure bicycle parking space for every four (4) dwelling units not provided with a garage space.
2. Commercial and mixed-use developments shall provide one (1) secure bicycle parking space within thirty feet (30') of the building's main entrance. (Ord. 2022-54, 11-15-2022)
To promote art uses in the Nine Rails Creative District, the R-9 zone offers higher residential densities, more uses, lower setbacks, and lower parking requirements than the prior R-3/EC zoning of the area. In recognition of these allowances, development also is required to provide or contribute to public art within the Nine Rails Creative District.
A. The public art requirement applies to any of the following:
1. A new multiple-family dwelling project or group dwelling project, or an addition to an existing project that adds two (2) or more dwelling units.
2. A new non-residential building of two thousand (2,000) square feet floor area or more, or an addition to an existing building that adds two thousand (2,000) square feet floor area or more.
B. The public art requirement may be satisfied in any of the following ways:
1. By placing a durable public art piece or pieces on the private project site in a location clearly visible from the public right-of-way. Plans for the art shall be included in the development plan application.
2. By placing a durable public art piece or pieces within the public right-of-way or on public property within the Nine Rails Creative District with approval of the responsible agency.
3. By making a financial contribution equal to or exceeding one percent (1%) of the project's building valuation to an approved city or public art program, which contribution will be used for public art within the Nine Rails Creative District.
4. Any equivalent combination of the above.
C. The dollar value or the public art provided shall be equal to or exceed one percent (1%) of the project's building valuation. The director may require an independent appraisal to verify the value.
D. The art shall be reviewed following the public art procedures in Title 4 of this code. (Ord. 2022-54, 11-15-2022)