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ments. 1. Principal permitted uses within the district shall provide minimum building setbacks as required in the zoning chapter. With the exception of construction periods said required front and side setback areas (required yards) shall be maintained with natural vegetative materials and shall not be obstructed with any temporary or permanent structure, on site vehicular parking including trailers or recreational vehicles, nor disturbed by excavations, holes, pits or established recreational areas that produce bare spots in the natural vegetation. 2. Driveways measuring no more than 18 feet in width, sidewalks and pedestrian access ways measuring no more than six feet in width may be established across the required front and side yard areas. 3. All newly constructed office or institutional buildings in the R-3 or R-4 districts and all newly constructed single unit dwelling, two-unit dwelling, or multiple dwelling in residential or commercial districts shall provide on-site landscaping within the required yard areas or in other green space areas of the property at the rate of 0.04 points per square foot of total lot area of the site under consideration for the proposed residential development or improvement. Landscaping shall consist of any combination of trees and shrubbery, subject to review and approval by the planning and zoning commission and the city council. In addition to these requirements, parking lot plantings and/or screening must be provided as specified herein. Plantings must be established within one year following issuance of a building permit. This provision shall not apply to commercial or mixed-use buildings established in the C-3 Commercial District. 4. Measured compliance. The following landscaping point schedule applies to required landscaping in all zoning districts within the College Hill neighborhood overlay district with the exception of commercial uses in the C-3 Commercial District, and shall be used in determining achieved points for required plantings. The points are to be assigned to plant sizes at time of planting/installation. Overstory Trees: 4-inch caliper or greater 100 points 3-inch caliper to 4-inch caliper 90 points 2-inch caliper to 3-inch caliper 80 points 1-inch caliper to 2-inch caliper 60 points Understory Trees: 2-inch caliper or greater 40 points 1½-inch caliper to 2-inch caliper 3 0 points 1-inch to 1½-inch caliper 20 points Shrubs: 5-gallon or greater 10 points 2-gallon to 5-gallon 5 points Conifers: 10-foot height or greater 100 points 8-foot to 10-foot height 90 points 6-foot to 8-foot height 80 points 5-foot to 6-foot height 40 points 4-foot to 5-foot height 30 points 3-foot to 4-foot height 20 points e. Fences/retaining walls. 1. Fences shall be permitted on properties in accordance with the height and location requirements outlined in section 26-93. Zoning/land use permits shall be required for fences erected within the district. 2. Any existing fence or freestanding wall that is, in the judgment of the building inspector, structurally unsound and a hazard to adjoining property shall be removed upon the order of the building inspector. 3. Retaining walls may be installed on property as a measure to control soil erosion or stormwater drainage. However, said retaining walls shall be permitted only after review and approval by the city engineer. f. Detached accessory structures. All newly constructed detached accessory structures or expansions of existing detached accessory structures exceeding 300 square feet in base floor area proposed to be situated on residential or commercial properties shall be subject to review and approval by the planning and zoning commission and city council. Maximum allowable building height, size and location requirements for accessory structures as specified in section 26-126 shall apply. In addition to those standards, proposed detached accessory structures or expanded structures larger than 300 square feet in area shall be designed in such a manner as to be consistent with the architectural style of the principal residential or commercial structure on the property. Similar building materials, colors, roof lines, roof pitch and roofing materials shall be established on the accessory structure to match as closely as possible those elements on the principal structure. In addition, vertical steel siding along with "metal pole barn" type construction shall not be allowed. g. No existing single-unit residential structure in the R-2 district shall be converted or otherwise structurally altered in a manner that will result in the creation or potential establishment of a second dwelling unit within the structure. h. No duplex (two-unit) or multiple dwelling shall add dwelling units or bedrooms to any dwelling unit without satisfying minimum on-site parking requirements. If additional parking spaces are required, the entire parking area must satisfy parking lot development standards as specified herein. i. No portion of an existing parcel of land or lot or plot shall be split, subdivided or transferred to another abutting lot or parcel for any purpose without prior review and approval by the city planning and zoning commission and the city council. Land cannot be transferred or split from one lot or property to be transferred to another for purposes of benefiting the receiving property while diminishing the minimum required lot area, lot width or building or parking lot setback area of the sending property. Such lot transfer or split shall not create a nonconforming lot by virtue of reduction of minimum required lot area, lot width or reduction of minimum required building or parking lot setbacks. Said lot transfer or split shall not affect any existing nonconforming property by further reducing any existing nonconforming element of the lot or property including lot area, lot width or building or parking lot setbacks in order to benefit another abutting property for development purposes. This provision shall not apply to those instances where separate lots or properties are being assembled for purposes of new building construction where existing structures on the assembled lots will be removed in order to accommodate new building construction. j. Site plan revisions/amendments. All changes, modifications, revisions and amendments made to development site plans that are deemed to be major or substantial by the city planner shall be resubmitted to the planning and zoning commission in the same manner as originally required in this section. Examples of major or substantial changes shall include, but are not limited to, changes in building location, building size, property size, parking arrangements, enlarged or modified parking lots, open green space or landscaping modifications, setback areas or changes in building design elements. k. 1. Trash dumpster/trash disposal areas must be clearly marked and established on all site plans associated with new development or redevelopment projects. No required parking area or required parking stalls shall be encumbered by a trash disposal area. 2. Large commercial refuse dumpsters and recycling bins serving residential or commercial uses shall be located in areas of the property that are not readily visible from public streets. No such dumpster or bin shall be established within the public right-of-way. All dumpsters and bins shall be affixed with a solid lid covering and shall be screened for two purposes: (i) Visual screening; and (ii) Containing dispersal of loose trash due to over-filling. Screening materials shall match or be complementary to the prevailing building materials. (6) Design review. Any new construction, building additions, facade renovations or structural alterations to commercial or residential structures, or substantial improvements to single-unit residences that, in the judgment of the city planner, substantially alters the exterior appearance or character of permitted structures shall require review and approval by the city planning and zoning commission and city council. a. Criteria for review. 1. Applications involving building design review. Neighborhood character, as herein defined, shall be considered in all. 2. The architectural character, materials, textures of all buildings or building additions shall be compatible with those primary design elements on structures located on adjoining properties and also in consideration of said design elements commonly utilized on other nearby properties on the same block or within the immediate neighborhood. 3. Comparable scale and character in relation to adjoining properties and other nearby properties in the immediate neighborhood shall be maintained by reviewing features such as: (i) Maintaining similar roof pitch. (ii) Maintaining similar building height, building scale and building proportion. (iii) Use of materials comparable and similar to other buildings on nearby properties in the immediate neighborhood. 4. Mandated second entrances or fire escapes established above grade shall not extend into the required front yard area. 5. Existing entrances and window openings on the front facades and side yard facades facing public streets shall be maintained in the same general location and at the same general scale as original openings or be consistent with neighboring properties. 6. Projects involving structural improvements or facade renovations to existing structures must provide structural detail and ornamentation that is consistent with the underlying design of the original building. 7. The primary front entrances of all residential buildings shall face toward the public street. Street frontage wall spaces shall provide visual relief to large blank wall areas with the use of windows or doorways and other architectural ornamentation. b. Building entrances for multiple dwellings. Main entrances should be clearly demarcated by one of the following: Covered porch or canopy. 2. Pilaster and pediment. 3. Other significant architectural treatment that emphasizes the main entrance. Simple "trim" around the doorway does not satisfy this requirement. c. Building scale for multiple dwellings. Street facing walls that are greater than 50 feet in length shall be articulated with bays, projections or alternating recesses according to the following suggested guidelines: 1. Bays and projections should be at least six feet in width and at least 16 inches, but not more than six feet in depth. Recesses should be at least six feet in width and have a depth of at least 16 inches. 2. The bays, projections and recesses should have corresponding changes in roofline or, alternatively, should be distinguished by a corresponding change in some architectural elements of the building such as roof dormers, alternating exterior wall materials, a change in window patterns, the addition of balconies, variation in the building or parapet height or variation in architectural details such as decorative banding, reveals or stone accents. d. Building scale for commercial buildings and mixed-use buildings. The width of the front façade of new commercial and mixed-use buildings shall be no more than 40 feet. Buildings may exceed this limitation if the horizontal plane of any street-facing façade of a building is broken into modules that give the appearance or illusion of smaller, individual buildings. Each module should satisfy the following suggested guidelines that give the appearance of separate, individual buildings: 1. Each module should be no greater than 30 feet and no less than ten feet in width and should be distinguished from adjacent modules by variation in the wall plane of at least 16 inches depth. For buildings three or more stories in height the width module may be increased to 40 feet. 2. Each module should have a corresponding change in roof line for the purpose of separate architectural identity. 3. Each module should be distinguished from the adjacent module by at least one of the following means: (i) Variation in material colors, types, textures. (ii) Variation in the building and/or parapet height. (iii) Variation in the architectural details such as decorative banding, reveals, stones or tile accent. (iv) Variation in window pattern. (v) Variation in the use of balconies and recesses. e. Balconies and exterior walkways, corridors and lifts serving multi-unit residences. 1. Exterior stairways refer to stairways that lead to floors and dwelling units of a building above the first or ground level floor of a building. Exterior corridors refer to unenclosed corridors located above the first floor or ground level floor of a building. Balconies and exterior stairways, exterior corridors and exterior lifts must comply with the following: (i) Materials must generally match or be complementary to the building materials utilized on that portion of a building where the exterior corridor or balcony is established. (ii) Unpainted wooden materials are expressly prohibited. (iii) Stained or painted wood materials may only be utilized if said material and coloration is guaranteed for long-term wear and the material is compatible with the principal building materials on that portion of the building where the exterior corridor is established. (iv) The design of any balcony, exterior stairway, exterior lift or exterior corridor must utilize columns, piers, supports, walls and railings that are designed and constructed of materials that are similar or complementary to the design and materials used on that portion of the building where the feature is established. (v) Exterior stairways, exterior lifts, corridors and balconies must be covered with a roof similar in design and materials to the roof over the rest of the structure. Said roof shall be incorporated into the overall roof design for the structure. Alternatively, such features (stairways, lifts, corridors or balconies) may be recessed into the façade of the building. (vi) Exterior corridors may not be located on a street-facing wall of the building. 2. Exterior fire egress stairways serving second floor or higher floors of multi-unit residences shall be allowed according to city requirements on existing buildings that otherwise are not able to reasonably satisfy city fire safety code requirements, provided the fire egress stairway or structure is not located on the front door wall of a building that faces a street. All such egress structures that are located on the front door wall of a building that faces a street, whether new or replacement of an existing egress structure, shall be subject to review by the commission and approval by the city council. Areas of review shall be general design, materials utilized and location of the proposed egress structure. On corner lots, if a side street-facing mandated access is necessary and other options are unavailable, the side-street facing wall shall be used for this egress structure. In any case, fire egress stairways must utilize similar materials as outlined above; i.e., no unpainted wooden material shall be allowed. f. Building materials for multiple dwellings, commercial, and mixed-use buildings. 1. For multiple dwellings, at least 30 percent of the exterior walls of the front facade level of a building must be constructed with a masonry finish such as fired brick, stone or similar material, not to include concrete blocks and undressed poured concrete. Masonry may include stucco or similar material when used in combination with other masonry finishes. The following trim elements shall be incorporated into the exterior design and construction of the building, with the following recommended dimensions to be evaluated on a case-by-case basis: (i) Window and door trim that is not less than three inches wide. (ii) Corner boards that are not less than three inches wide unless wood clapboards are used and mitered at the corners. (iii) Frieze boards not less than five inches wide, located below the eaves. 2. For commercial and mixed-use buildings, street-facing facades shall be comprised of at least 30% brick, stone, or terra cotta. These high quality materials should be concentrated on the base of the building. In the C-3 District, on streetfacing facades, a minimum of 70% of the ground level floor between 2 and 10 feet in height above the adjacent ground level shall consist of clear and transparent storefront windows and doors that allow views into the interior of the store. Exceptions may be allowed for buildings on corner lots where window coverage should be concentrated at the corner, but may be reduced along the secondary street façade. The bottom of storefront windows shall be no more than 2 feet above the adjacent ground level, except along sloping sites, where this standard shall be met to the extent possible so that views into the interior of the store are maximized and blank walls are avoided. 3.Any portion of a building with a side street façade must be constructed using similar materials and similar proportions and design as the front facade. 4. Exposed, unpainted or unstained lumber materials are prohibited along any facade that faces a street-side lot line (i.e., public street frontage). 5. Where an exterior wall material changes along the horizontal plane of a building, the material change must occur on an inside corner of the building. 6. For buildings where the exterior wall material on the side of the building is a different material than what is used on the street facing or wall front, the street facing or wall front material must wrap around the corners to the alternate material side of the building at least three additional feet. 7. Where an exterior wall material changes along the vertical plane of the building, the materials must be separated by a horizontal band such as a belt course, soldier course, band board or other trim to provide a transition from one material to another. (7) Commercial district. The College Hill neighborhood commercial district is defined by the boundaries of the C-3 Commercial District. The district is made up primarily of commercial buildings and mixed-use buildings. However, some properties are occupied or may be occupied in the future by residential buildings Residential buildings are to be discouraged due to the limited area available for commercial uses. Standards for residential buildings are set forth below. Dwelling units are permitted on upper floor(s) of mixed-use buildings, as set forth below. Certain uses are considered conditional uses or prohibited uses in the College Hill Neighborhood commercial district, as specified below. a. Residential buildings. Residential buildings are allowable within the district subject to planning and zoning commission and city council review and approval. In general, residential buildings are to be discouraged within the commercial district due to the limited area available for commercial establishments. In those cases where a residential building is permitted, it will be governed by minimum lot area, lot width and building setback requirements as specified in the R-4 residential zoning district. In addition, all other applicable requirements pertaining to substantial improvements or new construction of any residential building shall conform to the requirements of this section, including on-site parking, landscaping, and building setbacks, with no vehicular parking allowed in the required front and side yards, said required yards being those as defined within the R-4 residential district. b. Residential dwelling units within Mixed Use Buildings. Residential dwelling units are allowed on upper floors of a mixeduse building. No residential dwelling unit may be established on the main floor or street level floor of a mixed-use building within the C-3 Commercial District. To provide safe access for residents of the building, there must be at least one main entrance on the street-facing façade of the building that provides pedestrian access to dwelling units within the building. Access to dwelling units must not be solely through a parking garage or from a rear or side entrance. c.Additional Standards for mixed-use and non-residential buildings. To foster active street frontages, non-residential and mixed-use buildings must be placed to the front and corner of lots, and set back a minimum of 0 feet and maximum of 15 feet from street-side lot lines. The ground floor floor-to-structural ceiling height shall be 14 feet minimum. Entries to individual ground floor tenant spaces and entries to common lobbies accessing upper floor space shall open directly onto public sidewalks or publicly-accessible outdoor plazas. Thresholds at building entries shall match the grade of the adjacent sidewalk or plaza area. Entries on street-facing facades shall be sheltered by awnings or canopies that project a minimum of four feet from the building façade and must be a minimum of 8 feet above the adjacent sidewalk. c. Conditional uses. The following uses may be allowed as a conditional use subject to review and approval by the planning and zoning commission and the city council. The proposed use must conform to the prevailing character of the district and such use shall not necessitate the use of outdoor storage areas. In addition such conditional uses must not generate excessive amounts of noise, odor, vibrations, or fumes, or generate excessive amounts of truck traffic. Examples of uses that may be allowed subject to approval of a conditional use permit are: 1. Printing or publishing facility; 2. Limited manufacturing activity that is directly related to the operation of a retail business conducted on the premises; 3. Home supply business. d. Prohibited uses. In all cases the following uses will not be allowed within the C-3 Commercial District either as permitted or conditional uses: Lumber yards; 2. Used or new auto sales lots and displays; 3. Auto body shop; 4. Storage warehouse or business; 5. Mini-storage warehouse; 6. Sheet metal shop; 7. Outdoor storage yard; 8. Billboard signs. e. Signage. 1. Typical business signage shall be permitted without mandatory review by the planning and zoning commission and approval by the city council unless a proposed sign projects or extends over the public right-of-way, or a freestanding pole sign is proposed which is out of character with the prevailing height or size of similar signs, in which case planning and zoning commission review and approval by the city council shall be required. All signage within the district shall conform to the general requirements of this zoning chapter, with the exception that excessively tall freestanding signs (i.e., 30 feet or more in height) shall not be allowed. 2. Exterior mural wall drawings, painted artwork and exterior painting of any structure within the commercial district shall be subject to review by the planning and zoning commission and approval by the city council for the purpose of considering scale, context, coloration, and appropriateness of the proposal in relation to nearby facades and also in relation to the prevailing character of the commercial district. INTRODUCED: April 1, 2019 PASSED 1ST CONSIDERATION: April 1, 2019 PASSED 2ND CONSIDERATION: April 15, 2019 PASSED 3RD CONSIDERATION: May 6, 2019 ADOPTED: May 6, 2019 James P. Brown, Mayor ATTEST: Jacqueline Danielsen, MMC, City Clerk Anytime. Anywhere.