A. Purpose Statement: The purpose of the D-3 Downtown Warehouse/Residential District is to provide for the reuse of existing warehouse buildings for multi-family and mixed use while also allowing for continued retail, office and warehouse use within the district. The reuse of existing buildings and the construction of new buildings are to be done as multi- family residential or mixed use developments containing retail or office uses on the lower floors and residential on the upper floors. This district is appropriate in areas where supported by applicable master plans. The standards are intended to create a unique and sustainable downtown neighborhood with a strong emphasis on urban design, adaptive reuse of existing buildings, alternative forms of transportation and pedestrian orientation.
B. Uses: Uses in the D-3 Downtown Warehouse/Residential District as specified in Section 21A.33.050, "Table of Permitted and Conditional Uses for Downtown Districts", of this title, are permitted subject to the provisions of this chapter and other applicable provisions of this title.
C. Lot Size Requirements: No minimum lot area or lot width shall be required.
D. Yard Requirements: There are no minimum setbacks, except for buildings that contain ground floor residential uses in which case the front yard setback shall be a minimum of eight feet (8') and no greater than sixteen feet (16'). A provided front yard for any use shall be considered a landscaped yard and subject to the provision of Chapter 21A.48 for required landscaped yards. The maximum front yard setback shall be eight feet (8') for all other uses.
1. The yard must be designed with usability as a consideration. Development that implements the maximum yard is required to have at least one of the following elements:
a. Seating at a ratio of at least one bench for every five hundred (500) square feet of yard space; or
b. Landscaping that includes an increase of at least twenty five percent (25%) in the total number of trees required to be planted on the site; or
c. Awning or a similar form of weather protection that covers at least five feet (5') in width and length from all street-facing building entrances.
2. Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title.
3. The planning director, in consultation with the transportation director, may modify this requirement to accommodate a wider sidewalk if the adjacent public sidewalk is less than fifteen feet (15') wide and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansions, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture, or
b. The addition reduces the extent of the noncompliance of the existing building.
4. Regardless of the setback provided, doors shall be setback a minimum distance to allow the door to operate without swinging into a right of way or midblock walkway.
E. Maximum Building Height: Buildings in the D3 zoning district shall comply with the following provisions:
1. The permitted building height shall not exceed seventy five feet (75').
2. Buildings taller than seventy five feet (75') but less than one hundred eighty feet (180') may be allowed subject to the following provisions:
a. Approval is subject to Chapter 21A.59 Design Review:
(1) Provided the additional height is supported by the applicable master plan.
(2) The building includes at least one of the following five options:
(A) Midblock walkway is provided on the property and the midblock walkway connects to an existing or planned street, midblock walkway, or publicly accessible public space and exceeds all the required dimensions of Subsection 21A.30.010.G by at least five feet. This option allows for additional height in return for exceeding the midblock walkway requirements;
(B) The building is utilizing affordable housing incentives identified in Chapter 21A.52 of this title;
(C) The property where the building is located exceeds the minimum requirement for ground floor uses identified in Chapter 21A.37 (Design Standards) of this title, specifically:
(i) For Subsection 21A.37.050.A.1 (Design Standards Defined, Ground Floor Use Only), the requirement must be increased to one hundred percent (100%). This option requires that the entire ground floor use of a building consists of retail good establishments, retail service establishments or restaurants, public service portions of businesses, department stores, art galleries, motion picture theaters, performing art facilities or similar uses that encourages walk-in traffic through an active use. Vehicle entry and exit ways necessary for access to parking are exempt from this requirement; or
(ii) For Subsection 21A.37.050.A.2 (Design Standards Defined, Ground Floor Use and Visual Interest), the ground floor use requirement must be increased to seventy five percent (75%) and the visual interest requirement must be increased to twenty five percent (25%). This option requires for an increased percentage of ground floor space to be used for an active use, and an increased percentage of the building to provide visual interest;
(D) The applicant provides a restrictive covenant on a historic building, a building that is fifty (50) years or older, or a building that is a nationally recognized property, located outside of the H Historic Preservation Overlay District for the purpose of preserving the structure for a minimum of fifty (50) years; or
(E) The proposal includes a privately owned, publicly accessible open space on the property or on another property within the geographic boundaries of the Downtown Plan. To qualify for this provision, a restrictive covenant in the favor of the city shall be recorded against the open space portion of the property. The space shall be a minimum of five hundred (500) square feet and include enough trees to provide a shade canopy that covers at least sixty percent (60%) of the open space area. This option allows for additional height in return for the designation of open public open space. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 67-22, 2022: Ord. 14-19, 2019: Ord. 13-19, 2019: Ord. 12-17, 2017)