ORDINANCE NO ORD. NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4 TABLE OF CONTENTS ; AMENDING SECTION 2.2.3(D) SITE PLAN REVIEW AND APPEARANCE BOARD ; AMENDING SECTION 2.4.5(F) SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP) ; AMENDING SECTION 2.4.6(F) TEMPORARY PARKING LOTS ; AMENDING SECTION 4.1.1(A) BASE ZONING DISTRICTS ; AMENDING SECTION 4.3.3(I) COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES ; AMENDING SECTION 4.3.3(S) ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS ; AMENDING SECTION 4.3.4(J) HEIGHT ; AMENDING SECTION 4.3.4(K) DEVELOPMENT STANDARDS MATRIX ; REPEALING SECTION CENTRAL BUSINESS DISTRICT RAILROAD CORRIDOR (CBD-RC) ; AMENDING SECTION 4.6.4(A) COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION ; AMENDING SECTION 4.6.9(C)(1) BICYCLE PARKING ; AMENDING SECTION 4.6.9(E)(3) LOCATION OF PARKING SPACES, IN-LIEU FEE ; AMENDING SECTION 4.6.9(E)(4) PUBLIC PARKING FEE ; AMENDING SECTION (H)(4) FOUNDATION LANDSCAPING REQUIREMENTS ; AMENDING SECTION (B) BUILDINGS WITHIN THE DOWNTOWN AREA ; AMENDING SECTION 6.3.3(F) REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFÉ ; AMENDING APPENDIX A DEFINITIONS ; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach s compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment and enhance multi-modal mobility options; WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations understandable to the public, predictable to landowners, and easier for the city to administer; and WHEREAS, certain other portions of the land development regulations need to be adjusted to reflect the new regulations for the Central Business District; and WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city s land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section The Planning and Zoning Board reviewed these amendments at a public hearing held on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to Florida Statutes (4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and 1 ORD. NO

2 WHEREAS, the City Commission, at duly noticed public hearings on, 2015, and on, 2015, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, AS FOLLOWS: Section 1. That the Table of Contents of the land development regulations shall be amended to read as follows: ARTICLE 4.4 BASE ZONING DISTRICT NOTE: Each individual zoning district, except Central Business District, is structured as follows: (A) Purpose (B) Principal s and Structures (C) Accessory s and Structures (D) s and Structures Allowed (E) Review and Approval Process (F) Development Standards by Reference to (G) Supplemental District Regulations by Reference to Article 4.6 (H) Special Regulations, as appropriate Section 2. That Section of the land development regulations, Site Plan Review and Appearance Board, shall be amended to read as follows: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: (a) Certain site and development plans, as provided in this Code (b) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(F)(1). (c) Granting of relief to Section through the waiver process [Section 2.4.7(B)] (d) Preliminary and final landscape plans (e) Master Sign Programs (f) Signage as allowed by Section (g) Appeal of administrative interpretations made in application of the sign code and the landscaping code (h) Architectural elevations (i) Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.) (j) Recommendations to the city commission regarding the Incentive Program in the CBD. (2) (3) [NO CHANGES] 2 ORD. NO

3 Section 3. That Section 2.4.5(F) of the land development regulations, Site and Development and Master Development Plans (MDP), shall be amended to read as follows: (F) Site and Development and Master Development Plans (MDP): (1) (2) [NO CHANGES] (3) Procedure: A site and development plan shall be processed through the following sequence: (a) Receipt and certification as complete; (b) Consideration at a public meeting before the Planning and Zoning Board, the Site Plan Review and Appearance Board, or the Historic Preservation Board as appropriate, at which time action may be taken. (c) For Class V site plan applications that include a request under the CBD s Incentive Program (see Section (H)): final action before the City Commission, after receiving a recommendation from the Site Plan Review and Appearance Board. (4) (7) [NO CHANGES] Section 4. That Section 2.4.6(F)(3)(e)1. of the land development regulations, Temporary Parking Lots, shall be amended to read as follows: 1. A temporary parking lot may be permitted within the following areas: a. the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south; b. the portion of the CBD and CBD-RC District which is bounded by N.E. 2nd Avenue on the west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the north; c. the portion of the CBD located east of the Intracoastal Waterway; d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. Section 5. That Section 4.1.1(A) of the land development regulations, Base Zoning Districts, shall be amended to read as follows: (A) Base Zoning Districts: These Base Zoning Districts are applied to specific parcels of land, for the reasons as stated in Section 4.1.1, specifically as they related to land use and design. A Agriculture RR Rural Residential R-1-AAA Single Family Residential R-1-AAAB Single Family Residential R-1-AA Single Family Residential R-1-AAB Single Family Residential R-1-A Single Family Residential R-1-AB Single Family Residential MH Mobile Home RL Low to Medium Density Residential RM Medium to Medium High Density Residential 3 ORD. NO

4 PRD Planned Residential Development GC General Commercial AC Automotive Commercial NC Neighborhood Commercial PC Planned Commercial CBD Central Business District RT Resort / Tourism POC Planned Office Center POD Professional and Office District RO Residential Office PCC Planned Commerce Center MIC Mixed Industrial and Commercial I Industrial CF Community Facilities OS Open Space CD Conservation District OSSHAD Old School Square Historic Arts District SAD Special Activities District LI Light Industrial OSR Open Space and Recreation CBD-RC Central Business District-Railroad Corridor Section 6. That Section 4.3.3(I)(4)(d) of the land development regulations, Community Residential Homes and Group Homes, shall be amended to read as follows: (d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional use in the following zoning districts: TYPE OF RESI- DENCE Group Home, Type 1 Community Residential Home Group Home, Type 2 A, RR, R-1 RL RM PRD Z O N I N G D I S T R I C T S RO, OSSHAD Not Not Not Not CBD, CF GC PC CBD-RC Not Not Section 7. That Section 4.3.3(S)(3) of the land development regulations, Antennas Not Located on Telecommunications Towers, shall be amended to read as follows: (a) Non stealth and stealth antennas mounted on rooftops, buildings, or other structures which constitute a principal use, are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1. Medium Density Residential (RM) 2. General Commercial (GC) 4 ORD. NO

5 3. Central Business District (CBD) 4. Central Business District--Railroad Corridor (CBD-RC) Automotive Commercial (AC) Planned Commercial (PC) Resort /Tourism (RT) Planned Office Center (POC) Professional and Office District (POD) Planned Commerce Center (PCC) Mixed Industrial and Commercial (MIC) Industrial (I) Light Industrial (LI) Community Facilities (CF) Open Space and Recreation (OSR) Section 8. That Section 4.3.4(J) of the land development regulations, Height, shall be amended to read as follows: (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between tie beams and ridge for gable, hip, or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4) and for the CBD zoning district as provided for in Subsection (D)(1)(a). (2) Basis for Measurement: (a) For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage. (b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less than three stories, within residentially zoned districts, the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. (d) Within the CBD zoning district, building height is also measured by stories. See Section (D)(1)(a). (3) Exceptions to District Height Limitations: [NO CHANGES] (4) Increases to Height Regulations: (a) Prohibitions: [NO CHANGES] (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above, except for the CBD zoning district, when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. (i) That the structure is to be located in one of the following geographic areas: (1) (5) [NO CHANGES] 5 ORD. NO

6 (ii) (iii) (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues), except for property located in the CBD zoning district. (7) (8) [NO CHANGES] (9) Area I - all property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. Reserved. (10) (11) [NO CHANGES] [NO CHANGES] (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv (1), (2) or (3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. (5) Special Activity Districts: [NO CHANGES] 6 ORD. NO

7 Section 9. That Section 4.3.4(K) of the land development regulations, Development Standards Matrix, shall be amended to read as follows: DEVELOPMENT STANDARDS MATRIX - NONRESIDENTIAL ZONING DISTRICTS (This matrix is to be interpreted and applied pursuant to Section 4.3.4) MINIMUM MAXIMUM MINIMUM SETBACKS MINIMUM LOT LOT LOT LOT LOT FLOOR SIDE SIDE DEVELOPMENT SIZE WIDTH DEPTH FRONTAGE COVERAGE AREA PERIMETER FRONT STREET INTERIOR REAR HEIGHT AREA OTHER (sq. ft.) (ft.) (ft.) (ft.) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.) (ft.) General Commercial GC (3) N/A N/A 10 (5) 10 (5) (2) (5) 10 (5) 48 N/A Automobile Commercial AC 10,000/(1) 50/(1) 100/(1) 50/(1) (3) N/A (1) 15 (5) 15 (2) (1) Refer to special requirements for auto sales Neighborhood Commercial NC 1 ACRE % (3) 4,000 N/A (4) 48 1 ACRE Maximum site area of two (2) acres Planned Commercial PC 10, (3) 6,000 N/A N/A Refer to Section (F)(2) restrictions on floor area Central Business District CBD (1) (1) (1) (1) (1) N/A N/A (1) (1) (1) (1) -----(1) 48 N/A Central Business District- Rail Corridor CBD-RC (1) N/A N/A (1) (1) (1) (1) 48 N/A Resort-Tourism RT 1 ACRE % (3) N/A 15 N/A N/A N/A N/A 48 N/A Planned Office Center POC 1 ACRE N/A N/A N/A 60% (3) 4,000 (1) ACRES Professional/Office POD % (3) N/A N/A /(2) N/A Residential Office RO 8, % (3) N/A N/A / N/A Planned Commerce Center PCC See Section ACRES Mixed Industrial/Commercial MIC % (3) N/A N/A N/A Industrial I 20, % (3) N/A (1) (1) Light Industrial LI 20, %(3) N/A N/A ACRE O.S.S. Historic Arts OSSHAD 8, % (3) (1) N/A 25 (1) 15 (1) 7 1/2 (1) 10 (1) 35 N/A Refer to Section for special areas and additional regulations Community Facilities CF (3) N/A 10 N/A N/A N/A N/A 48 N/A Refer to Section (H) for additional setback & open space requirements Open Space OS See Section Open Space and Recreation OSR See Section Conservation CD See Section Special Activities District SAD (1) (3) N/A 15 (1) (1) (1) (1) 48 (1) Mixed Residential/Office/Commercial MROC 0 N/A N/A N/A 75% (3) 4,000 (1) (1) (1) (1) (1) 85 3 ACRES (6) Refer to Section for additional regulations NOTES: (1) = Refer to individual district regulations. (2) = When there is no dedicated access to the rear of any structure a 10' side yard setback shall be provided. (3) = In addition to lot coverage restrictions, a minimum of 25% non-vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward meeting this requirement. (4) = Minimum rear yard setback is ten feet (10') and then one additional foot for each foot in building height above ten feet (10'). (5) = Refer to individual district regulations Development Standards section for special setbacks in the North Federal Corridor. (6) = Waivers to this minimum size may be granted during the Master Plan approval process 7 ORD. NO

8 Section 10. That Section of the land development regulations, Central Business District Railroad Corridor (CBD-RC), is hereby repealed in its entirety. Section will be marked as Reserved in Section 4 and in the table of contents. Section 11. That Section 4.6.4(A) of the land development regulations, Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation, shall be amended to read as follows: (A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation: (1) Properties subject to the development standards of the Central Business District (CBD) shall comply with the following: (a) Where the rear or side of a property directly abuts a zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space, the following shall apply: (i) For buildings or portion of the buildings three stories thirty-seven feet (37') or less in height, a ten foot (10') minimum building setback from the property line shall be provided. (ii) For buildings above three stories thirty-seven feet (37') in height, at the top of the third story, minimum side and rear building setbacks of 30 feet shall be provided a twenty-two foot (22') minimum building setback from the property line shall be provided for the portion of the building that is over three stories thirty-seven feet (37') in height. (iii) A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially CBD-zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. If a wall is used, it shall have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge. Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, Bicycle Parking, shall be amended to read as follows: (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: (1) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five (5) spaces per facility. (3) For all uses in the CBD zoning district, see Section (I)(4). (4) Any non-residential use within the City s TCEA which, through the development review process, is determined to generate a demand. 8 ORD. NO

9 Section 13. That Section 4.6.9(E)(3) of the land development regulations, Location of Parking Spaces, In-Lieu Fee, shall be amended to read as follows: (a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which inlieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD- RC and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 per space. (c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure purposes. Section 14. That Section 4.6.9(E)(4) of the land development regulations, Public Parking Fee, shall be amended to read as follows: (a) For properties located within 600' 750 of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. Section 15. That Section (H)(4) of the land development regulations, Foundation Landscaping Requirements, shall be amended to read as follows: (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in (E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi-story structures or landscape improvements to existing multi-story structures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. 9 ORD. NO

10 (i) Foundation trees with specifications listed in Table 1 shall be planted along the building façade that faces a Right-of-Way, except in the CBD zoning district where alternate landscaping configurations have been incorporated into the Frontage Standards in Section (E). (ii) The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. (iii) Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Section 16. That Section (B)(14) of the land development regulations, Buildings within the Downtown Area, shall be amended to read as follows: (14) Buildings within the Downtown Area: These additional criteria shall be applicable to buildings located within the CBD, and OSSHAD, and CBD-RC zoning districts. Buildings in the CBD have additional design standards in Section In case of conflict, the more restrictive regulation shall apply. All buildings shall comply with the following requirements: (i) Roofs and Gutters: (ii) Walls: (1) (2) [NO CHANGES] (3) Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy-two inches (72 ) in height, project no more than twenty-four inches (24 ) beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. Exception to the height requirements shall be pursuant to Section 4.3.4(J) or Section (H). (4) (5) [NO CHANGES] (1) (2) [NO CHANGES] (3) Treatment of blank walls: (a) Where blank walls are unavoidable due to the requirements of a particular land use or structural needs, they shall not exceed a length of fifty feet (50'), or twenty percent (20%) of the length of the building facing the street, whichever is less. (b) Blank wall sections of allowed lengths shall receive one (1) two (2) or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: (i) Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. (ii) Control and expansion joints used in a decorative pattern with varied materials or textures and spaced a maximum of ten feet (10') on center. Relief and reveal depth, if used in a pattern, shall be a minimum of three- 10 ORD. NO

11 quarter (3/4) inch and shall be a minimum of 30% percent of the blank wall surface. (iii) Small setbacks, projections, or indentations with a minimum depth of eight inches (8 ), or intervals of material change to break up the wall s surface. (iv) Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, louvered vents, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. (iii) Arcades, Porches, Trellises, Loggias and Balconies: (iv) Windows and Doors: [NO CHANGES] (1) Window and door shutters and decorative trims and moldings shall be sized to match the dimensions of the wall openings. (2) Building façades facing streets or civic open spaces must have transparent windows covering between 20% and 75% of the wall area of each story as measured between finished floors. The minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 7570% of the wall area for at least 70% of the length of that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (20%). (3) (5) [NO CHANGES] (v) Miscellaneous: [NO CHANGES] (vi) Parking garages: Above ground parking garages shall comply with the architectural requirements of this Section and the following additional requirements: (1) Ramps shall be visually screened from streets and adjacent residential zoning districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. (2) Roof top parking shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. Exterior lighting shall utilize fixtures provided with cut-off shielding in order to eliminate glare and spillage onto adjacent properties and roadways. (3) The openings of the garage shall be designed in a manner that obscures parked vehicles. Decorative architectural elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the ground floor shall maintain the same vertical and horizontal articulation or rhythm and incremental appearance established on the ground floor. (4) Due to the requirements of a particular land use or structural needs, parking garages or the garage portion of the building may request an increase from the building frontage requirements (to a maximum of 100% for all floors) or a waiver from the setback requirements of Section (D)(F)(3) (for portions of the building above twenty-five feet three stories) subject to compliance with the following requirements: (a) The garage or the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color, vertical and horizontal elements, and architectural style. (b) In OSSHAD and on Secondary Streets in the CBD, a A minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent 11 ORD. NO

12 (vii) to street rights-of-way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. On Primary Streets in the CBD, the perimeter of the garage or the garage portion of the building adjacent to street rights-of-way shall be lined by active uses (see Section (C)). (c) Architectural features shall be incorporated into the facade to mitigate the building s mass and bulk and along portions of the building adjacent to street rights-of-way. [NO CHANGES] Section 17. That Section 6.3.3(F) of the land development regulations, Regulations Governing the, Design, and Maintenance of a Sidewalk Café, shall be amended to read as follows: (1) [NO CHANGES] (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to the business, or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk café shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a sidewalk café adjacent to the storefront, in which case a sidewalk café may be located adjacent to a traffic lane or street parking as long as a five six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 2' 5' from the vehicular travel lane and associated curbing. This 2' 5' setback does not apply when the tables are immediately adjacent to on street parking. (3) (4) [NO CHANGES] (5) Sidewalk café operators shall maintain a clear pedestrian path of a minimum of five six feet (5 6') at all times. The five six foot (5 6') clear pedestrian path shall be parallel to the street and/or alley. In the event a five six foot (5 6') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk café operator may provide for a five six foot (5 6') clear pedestrian path commencing from the edge of the impediment closest to the building façade for a distance of five six feet (5 6') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than five six feet (5 6') may be required on sidewalks with an adjacent traffic lane. For sidewalk cafés with permits approved prior to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until the next permit renewal. (6) (11) [NO CHANGES] (12) All services provided to patrons of a sidewalk café and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated sidewalk café area, and shall not impinge on the required 5' 6' clear distance for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13) (15) [NO CHANGES] 12 ORD. NO

13 Section 18. That Appendix A of the land development regulations, Definitions, shall be amended to read as follows: BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. Within the CBD zoning district, vertical distance shall be measured to the soffit of a gable, hip, or gambrel roof and building height is also measured by stories. DWELLING, MULTIPLE FAMILY A residential building containing three or more dwelling units, or one or more dwelling units in a building that contains nonresidential uses in the Central Business District. OPEN SPACE, CIVIC STREETWALL An outdoor space that is maintained as an urban amenity and is accessible to the general public. Civic open spaces may be constructed and maintained by government agencies but are usually constructed by landowners when they build on the property (see Section (G)). Civic open spaces typically take the form of a green, a plaza, a playground, or a square. A short freestanding wall or hedge located in line with building façades or front setbacks. Section 19. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid Section 20. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 21. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of, MAYOR ATTEST: City Clerk First Reading: Second Reading: 13 ORD. NO