Details for Display Legal 2

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
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
1-inch to 1½-inch caliper
20 points
5-gallon or greater
10 points
2-gallon to 5-gallon
5 points
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
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
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
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
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.
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
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
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
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
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
(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.
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.
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
(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.
April 1, 2019
April 1, 2019
April 15, 2019
May 6, 2019
May 6, 2019
James P. Brown, Mayor
Jacqueline Danielsen, MMC, City Clerk



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