ARTICLE XI. Downtown Mixed Use Smart Code for the Community Redevelopment Area

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1 ARTICLE XI. Downtown Mixed Use Smart Code for the Community Redevelopment Area Division 1. General and Administrative Intent/Purpose The general intent of this Land Development Code provision is to establish procedures and standards for the development of land within the City of Titusville Downtown Community Redevelopment Area (DCRA) boundary, enforceable under the planning jurisdiction of the City of Titusville in an effort to: a. Provide for and encourage development within the DCRA in a manner that is harmonious with its environs, consistent with the Downtown CRA Plans, and Plans and Codes of the City. b. Stimulate Economic and Redevelopment of not only the downtown, but the US 1 Corridor and other major corridors leading thereto. c. Coordinate design pattern of streets, sidewalks, and other transportation facilities, including multimodal forms of transportation. d. Encourage public and civic spaces for recreation, water resource management, public gatherings, and placemaking. e. Assure flood prevention, proper storm drainage, and appropriate utility systems so development is not a burden to the DCRA. f. Conserve valuable and scenic natural features, with provision for adequate open space. g. Conserve valuable and culturally-significant historic structures and characteristics. h. Promote the public health, safety, and general welfare by creating incentives for or eliminating impediments to a quality, well planned development. i. Require a high degree of quality and aesthetics in developments Relationship to Downtown Master Plan From the Downtown Master Plan The purpose of the Community Redevelopment Plan Update was to develop a plan for coordinated growth in the Downtown CRA through a series of strategic initiatives that can be realized over the next fifteen to twenty years. The plan identifies investments aimed at preserving the established qualities of the Downtown area and creating a vibrant mixed-use town center environment. The plan also identifies redevelopment opportunities to enhance local market conditions for new commercial and residential development, and to maximize the revitalization potential of the entire DCRA. The long range vision reflects the objectives articulated by residents at workshops. These objectives include creating a series of clearly defined centers along the length of the DCRA. The plan envisions the addition of new mixed-use buildings on infill lots along the Washington/Hopkins one-way pairs, new open space amenities, enhanced streetscape conditions, and new public facilities (parking structures and stormwater ponds) that will increase the area s capability to accommodate new growth. The plan envisions new standards for future development. These standards or regulations will be aimed at preserving the historic character while creating more appealing physical conditions. The goal is to realize a downtown area through smart growth that will attract and sustain private investment and create a unique sense of place. The following implementation recommendations in the Plan are intended as follow-up measures in the Downtown CRA over the next five to eight years. The Private Sector Initiatives indicated include the following: a. Implement the River Park mixed-use development next to the Stormwater Park. b. Develop a variety of new residential opportunities throughout the DCRA. c. Develop in-fill housing in the North and South Palm Street areas and adjacent to the FEC railroad. d. Begin development of the Sand Pointe Plaza project and general area.

2 The Public Sector Initiatives are as follows: a. Conduct a real estate/market analysis and feasibility study for the DCRA. b. Acquire land and assemble feasible development parcels around the Garden Street and US 1 intersection. c. Acquire land in the North Palm Street and South Palm Street areas. d. Implement the Stormwater Park project. e. Acquire land in the Town Center, Civic Center, and Southern Gateway areas for central parking and stormwater facilities. f. Implement a priority streetscape enhancement program throughout the DCRA and at major entry points. g. Implement proposed FDOT improvements along Washington Avenue and Hopkins Avenue. h. Implement effective historic preservation measures. The recommended regulatory issues include the following: a. The adoption of a long-range development plan for the DCRA. b. Modify the Comprehensive Plan to reflect the Town Center concept. c. Modify existing zoning or establish an overlay district to attract desired types of development. d. Adopt a form based code and development standards. e. Create a local historic district for the Old Town residential area. f. Establish historic preservation criteria for commercial properties in the Town Center area. These strategies are aimed at leveraging and maximizing the impact of future public investment in attracting private sector investment, and ensuring that the area develops in a manner consistent with the vision of the community. This hybrid, form based code seeks to implement the strategies identified above through a variety of tools. a. Updating and integrating the existing Land Development Codes into one concise document containing everything anyone ever wanted to know about development in Downtown Titusville. This makes it easier on the public sector, but more importantly, on the private, who needs to have consistency, clarity, and known expectations in order to assume the risk associated with redevelopment projects. It also attempts to streamline the process by having more flexibility, less travel through various boards/agencies, and more control for staff and the DCRA. b. Using the concept of Smart Growth, and the model for Smart Codes, which looks at communities from the standpoint of a transect, which are development areas lying between rural, suburban, and urban development zones. c. Visually expressing the codes to streamline and be user-friendly. Pictures tell a story and the graphic depiction of what the words mean can allay problems with interpretation, semantics, and expectations Relationship to Comprehensive Plan and City s Land Development Regulations. It is the intention of the City Council and Local Planning Agency that this Chapter also serves to implement the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Section of the Florida Statutes, which requires the adoption of Land Development Regulations. In the event of a conflict between these regulations and the Comprehensive Plan, the Comprehensive Plan shall prevail. In the event of a conflict between these regulations and the Citywide Land Development Regulations, this Chapter shall prevail. In the event of any conflict, the Administrator shall make a determination that may be appealed to the DCRA Location, Land Use and Zoning Maps Maps 1-7 depict the general location, land use, zoning, DCRA sub-districts, and existing street network.

3 Applicability The Central Business District (CBD), and any other zoning district in the Community Redevelopment Area with the exception of the Residential Historic Preservation District is hereby repealed in its entirety and replaced with a new district entitled: Downtown Mixed Use Zoning District The Downtown Mixed Use Zoning District (DMU) is hereby established to promote the health, safety, social and economic welfare of the residents of the City by increasing the City's tax base and promoting the longterm economic growth and vitality of the downtown area. This district enables the City to encourage public and private development compatible with the character of the downtown area and in conformance with the Community Redevelopment Plan. The DMU encourages a mix of uses and development form throughout the District. Through the DMU, the City can become the center for economic and business affairs, expand employment and living opportunities, protect historic resources, promote new investment, protect the natural beauty and public spaces that make Titusville special, and encourage public use (not necessarily ownership) of the waterfront. It is further intended that this district will use the existing grid street network as the spine or bones improved pedestrian and vehicular circulation, parking management, and encouragement of excellence in urban design, preserving the unique character and historic fabric of the downtown. In this way, the City will have a diverse, welcoming downtown for entertainment, tourism, employment, recreation, business, and living Downtown Mixed Use Zoning District (DMU) Boundaries The boundaries of the Downtown Mixed Use Zoning District (DMU) are the same as the boundaries of the Downtown Community Redevelopment Area, with the exception of the Residential Historic Preservation Zoning District. The Residential Historic Preservation District shall retain the same the zoning designation,; however, all properties in this district with the DCRA shall comply with the Administrative procedures of Article 1. The Downtown Community Redevelopment Area as created by City Council under Ordinance pursuant to the powers conferred by section Florida Statutes entitled "the Community Redevelopment Act of 1986" and any amendments thereto, specifically those powers granted in section et seq. and as refined within this subsection. The boundaries of the Community Redevelopment area are as follows: a. North. The northwest property line of Parcel 28, Section 33, running southwest-northeast and extending from FEC Railroad on the west to the center of the navigable portion of the Indian River on the east. b. South. An east-west line running parallel with the center line of Grace Street and extending from the FEC Railroad to the west, to the center of the navigable portion of the Indian River on the east. c. East. A line running generally north and south, but continuous to the center of the navigable portion of the Indian River, and extending from the intersection with the south boundary as described above intersection with the north boundary as described above. d. West. A line running generally north and south and parallel to the FEC Railroad, and extending from the intersection of the north boundary to the center line of Grace Street on the south. e. Except the following: Beginning at the confluence of the west mean high water line of the Indian River and the east terminus of the River View Place right-of-way; thence west along the north rightof-way line of River View Place to the west right-of-way line of Indian River Avenue; thence south along the west right-of-way line of Indian River Avenue to the south right-of-way line of Palmetto Street; thence west along the south right-of-way line of Palmetto Street 125 feet; thence south and parallel to the west right-of-way of Indian River Avenue to the south right-of-way line of Grace Street; thence east along the south right-of way line of Grace Street to the west mean high water line of the Indian River; thence north along the west mean high water line of the Indian River to the point of beginning. (See Community Development Department for any question pertaining to boundaries.)

4 Within the Downtown Mixed Use District (DMU) and the Residential Historic Preservation Zoning District, all applicable laws pertaining to the DCRA and including the goals and objectives of the Community Redevelopment Plan shall be adhered to. The regulations established in the DMU have been established in accordance with the Community Redevelopment Plan with reasonable consideration among other things to prevailing land uses, growth opportunities, the elimination of slum and blight and to encourage the development and redevelopment of land in the community redevelopment area and community input. Therefore, the district provides regulations to implement applicable goals, objectives and policies of the City's redevelopment efforts so as to be consistent with the applicable goals, policies and objectives of the City's Comprehensive Plan Severability. If any part or provision of this section or application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provisions or application directly involved in the controversy in which such judgment shall have been rendered. That judgment shall not affect or impair the validity of the remainder of this section or the application thereof to any other persons or circumstances Repeal of conflicting ordinances. he provisions of this section shall supersede any ordinance in conflict herewith. The procedure for processing development within the redevelopment area shall be in accordance with this ordinance and shall supersede conflicting provisions Enactment. This section shall take effect as provided by law; provided that when any provisions of this ordinance [section] are amended, the effective date of such amendment shall apply for the purposes of deciding any question directly controlled by such amendment Guiding Principles Decision making by City staff, boards, agencies, and Council should be influenced by the following guiding principles: a. That development within the DMU should be compact, pedestrian oriented, and Mixed Use. b. That ordinary activity of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive. c. That interconnected networks of streets, alleys, sidewalks, bike paths, and greenways should be designed to disperse traffic and reduce the length of automobile trips. d. That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes. e. That appropriate building densities, intensities, heights, and land uses should be provided within the DMU to create a viable, thriving urban center. f. That development should encourage or be served by transit and within walking distance of transit stops. g. That Civic, Institutional, and Commercial activity should be embedded in downtowns. h. That a range of Open Space including Parks, Squares, playgrounds, and other civic spaces should be distributed within the neighborhood and downtown. i. That buildings and landscaping should contribute to the physical definition of streets, sidewalks, outdoor seating, plazas, and similar Civic places. j. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. k. That the design of streets and buildings should reinforce safe environments, but not at the expense of accessibility.

5 l. That architecture and landscape design should reflect the Titusville climate, topography, history, and building practice. m. That buildings, infrastructure, site design, and features should utilize energy efficient methods. n. That Civic Buildings and public gathering places should be provided to reflect and reinforce community identity. o. That the preservation and renewal of historic buildings should be facilitated, to affirm the continuity and evolution of this community and our society. p. That new construction should be compatible with adjacent uses, respect the natural environment, and create little impact on the adjacent built environment Rules for Interpretation of District Boundaries The DMU is one zoning category with sub-district regulations addressing defined areas within the DMU. District Boundaries are identified on Map4. The Residential Historic Preservation Sub-District shown on Map 4 shall comply with the Administrative approval processes described in Articles 1, 2, and 3 of this Code, as well as Division 7 of Article VI of the City s Land Development Regulations. Therefore, when uncertainty exists as to the boundaries of the various sub-districts on the zoning map, the following rules shall apply: Location of sub-district boundary lines Where boundaries approximately follow streets, alleys or highways Where district boundaries are indicated as approximately following the center line or street line of streets, the center line or alley line of alleys, or the center line or right-of-way line of highways such lines shall be construed to be such district boundaries Where boundaries parallel street lines, alley lines or highway right-of-way lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto, and at such distance there from, as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map Where boundaries approximately follow lot lines Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries Where the boundary follows a railroad line Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line Where the boundary follows a body of water Where the boundary of a district follows a stream, lake or other body of water said boundary line shall be construed to be the limit of the jurisdiction of the City of Titusville, unless otherwise indicated Vacation of public ways Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then henceforth be subject to all regulations of the extended districts Where district boundaries are indicated as following platted lot lines

6 Such lot lines shall be construed to be the district boundaries Where district boundaries are indicated by specific dimensions Such specific dimensions shall control Where district boundaries divide platted lots or cross undivided property, and where no specific dimensions are indicated on the zoning map The scale of the zoning map shall control Where the street or property layout or other physical features existing on the ground are at variance with the zoning map, or where other uncertainties exist as to interpretation of the Future Land Use Map The City Manager or his designee shall interpret the map to fix the exact location of the boundaries Provisions for parcels divided by district boundaries Where any parcel of land is divided into two (2) or more zoning districts, the regulations of each individual district shall apply to that part of the parcel so zoned, except that when a parcel is divided into two (2) or more residential districts, the permitted intensity of development may be averaged over the entire parcel as long as the remaining applicable dimensional requirements are followed Pre-Existing Conditions/Applicability Where buildings exist on adjacent lots, the Planning Director may require that a proposed building be compatible with the adjacent buildings rather than the provisions of this Code Any addition to or modification of a structure that has been designated as historical or located within the Historical District by the Local Preservation Organization or to a building actually or eligible for inclusion on a state, local or national historic register, shall be subject to approval by the local Historic Preservation Board or other City designated organization The restoration or rehabilitation of an existing building shall not require the provision of (1) parking in addition to that existing or (2) on-site stormwater retention/detention in addition to that existing or to provide same if neither is provided. Provisions for regional parking and regional stormwater programs and payments in-lieu of on-site provision are found in Article 5. Existing parking requirements that exceed those for this Code may be reduced as provided by the waiver provisions outline in Division 1, Section All new buildings, renovations of 35% of the square footage, or improvements involving roof, structural, window replacement, painting, façade repair/replacement, additions or demolition/repair of existing buildings are subject to the Downtown Mixed Use District Code and Downtown Urban Design Manual Existing buildings which have a change of use shall be reviewed by the Planning Director for a modification determination. An example of a change of land use is from commercial to residential, office to commercial, office to mixed use, and so on. Any waivers to these requirements shall be determined as outlined in Section Modification determination shall include consideration of the last time improvements were made to a structure:

7 If a structure has not been modified or updated within 5 years, the following minimum improvements shall be required consistent with all current land development regulations and the Urban Design Manual: If Painting of structure If Landscaping If New Signage (must conform to current standards) If Replacement of safety hazards If Addition of 1 design feature from the Urban Design Manual appropriate to the style of the building If a structure has not been modified or updated between 5 and 10 years, the following minimum improvements shall be required consistent with all current land development regulations and the Urban Design Manual: Painting, landscaping, new signage and replacement of safety hazards Repair, replacement, or fixing of broken windows, structural problems, roof problems Addition of 3 design features from the Urban Design Manual appropriate to the style of the building If a structure has not been modified or updated in more than 10 years, and not of historic character or on a register, the following minimum improvements shall be required consistent with all current land development regulations and the Urban Design Manual: If Compliance with the Land Development Regulations, unless and variances and/or waivers are approved per Section If Compliance with the Urban Design Manual THE MAPS ON THE FOLLOWING PAGES IDENTIFY THE GENERAL LOCATION, ZONING, LAND USE, AND CONTEXT AREA FOR THESE PROPOSED LAND DEVELOPMENT REGULATIONS

8 MAP 1 AERIAL/ LOCATION MAP

9 MAP 2 EXISTING LAND USE MAP

10 MAP 3 FUTURE LAND USE MAP

11 MAP 4 PRIOR ZONING DISTRICTS MAP overlayed with CURRENT DCRA SUB-DISTRICTS

12 MAP 5 DOWNTOWN and DOWNTOWN HISTORIC DISTRICT

13 MAP 6 STREET NETWORK

14 MAP 7 RESIDENTIAL HISTORIC PRESERVATION DISTRICT

15 Administration, Submittals and Review Process Interpretation: Interpretation of the standards in this section shall be the responsibility of the City Manager or designee. Appeals from his/her interpretations shall be taken to the Downtown Community Redevelopment Agency (DCRA) Downtown Design Review Committee Established. There is hereby created a Downtown Design Review Committee (DDRC) which shall consist of the following personnel: a. Planning Director, or designee b. City Engineer, or designee c. Redevelopment Director d. The City Manager, or designee shall serve in the absence of one (1) of the members of the DDRC Design Review Process The DDRC shall have authority to review and approve all aspects of exterior architecture, signage, landscape, streetscape or hardscape improvements for aesthetic appropriateness, and conformance to the adopted DMU District Code and Design Guidelines; and, for conformance to the City Comprehensive Plan and Land Development Code for all projects equal to or less than 1.5 acres in size or with buildings up to 10,000 square feet in size. The DCRA shall receive recommendations from the DDRC and make final approval on all projects in excess of 1.5 acres or 10,001 square feet Minimum Submittal Requirements for Design Review for DMU Projects At a minimum, the following shall be required for review of projects to be located within the redevelopment area on undeveloped sites, all sites greater than 1.5 acres, or on sites where a building is to be demolished or renovated to more than 50% of its current assessed value: a. A current certified site survey. b. A conceptual site plan, drawn to either one inch equals twenty (20) feet or one inch equals fifty (50) feet, which shall contain: (1) Building locations and orientations and landscape areas; (2) Parking locations and number of spaces; (3) Paved surfaces, materials, and locations; (4) Site location diagram, map and legal description; i. Signage; and ii. Tree survey of all trees larger than eight (8) inches dbh. (5) Building elevations, illustrating all sides of structures that face public streets or spaces and specific architectural design elements for which bonuses may be sought. (6) Description of density or height bonuses being applied for and justification, as applicable. (7) Other supporting documentation as may be requested or required Site Development Agreement or Binding Development Agreement May be used to confirm or establish via negotiation the form of on or off-site improvements that are required to be performed by either an owner, developer, or stakeholder and the DCRA. Such agreements shall be adopted in accordance with Article VII of the City s Land Development Regulations Project Procedures for the Community Redevelopment Area Conditional Uses The location, design and condition for operation of these uses require special review and approval by the Downtown Community Redevelopment Agency (DCRA) in accordance with procedures set forth in Chapter

16 47, Article VII of the City s Land Development Regulations. Such uses may be developed in the districts specified if special findings are made that the standards and conditions as set forth in Section have been met Variances/Waivers Variances and Waivers. This section supersedes the City s Land Development Code provisions for variances in Article VII of Chapter 47. Where the strict application of the code provisions cannot be met, variances or waivers may be granted within the DCRA. Variances are deviations from the Code of any size or degree that may be granted by the DCRA based upon the process and criteria set forth in Article VIII of the Land Development Code, substituting the Downtown Community Redevelopment Agency as the Board of Adjustment and Appeals. Waivers may be granted by the Community Redevelopment Waiver Sub-Committee as provided in Section Waivers are small deviations from the Code for specific issues outlined in Section and are necessary when trying to redevelop an area with small lots, existing buildings, and when codes or regulations have been designed for vast suburban vacant land instead of urban vacant lands. Waivers allow the DCRA the flexibility desired in moving quickly to facilitate development. Waivers are a variation from particular standards of this code that is justified by need, hardship, physical constraint, or to improve the overall design of the project, but is done through an administrative process rather than as a variance, in order to implement the Downtown Redevelopment Plan Community Redevelopment Waiver Sub-Committee There is hereby created a Community Redevelopment Waiver Sub-Committee. Within the area of the Downtown Community Redevelopment District, there exists an overlay provision which empowers, upon request by a developer or staff on all new or remodeled properties, the reduction or elimination of certain requirements upon the unanimous approval of the City Manager, City Engineer or Building Official, and the Planning Director. Any structure given such waivers shall automatically become conforming structures The City staff shall be advisors to the committee as well as anyone designated by the City Manager due to an area of expertise The Waiver Sub-Committee shall have the authority to waive the following requirements on any project within the Redevelopment District: a. Parking: number of parking spaces and location b. Stormwater management: when any requirements above the SJRWMD permitting standards or, if on-site Stormwater is required and there are regional retention, storage or detention options available, a waiver or payment in lieu of cost may be levied c. Setbacks d. Sign setbacks e. Landscaping, location, amount, or type of placement f. One story height increase in the Downtown sub-district The criteria for granting such waivers shall be the following: a. The property exhibits physical constraints that prevent the implementation of the Code provision and the waiver would allow the implementation of the Code provision to greatest extent possible or;

17 b. The waiver would facilitate a greater adhearance to the Urban Design Manual that would not be possible in implementing the Code provision as required; or c. The waiver would facilitate an agreement for participation in a regional stormwater or parking program with the Downtown; or d. The waiver would facilitate the provision of required landscaping within a public space Any appeals to the decision of the Waiver Sub-Committee shall be heard by the DCRA Community Redevelopment Agency Development Approval Authority Variances on any item that would be considered within the DCRA shall be approved by the DCRA Conditional Use Permits within the DCRA shall be approved by the DCRA No Use or Sale of Land or Buildings Except in Conformity with the Provisions of this Ordinance. No person may use, occupy, or sell any land or building, or authorize, or permit, the use, occupancy or sale of land or buildings under his control except in accordance with all the applicable provisions of this ordinance. For the purpose of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land Incentives To encourage development within the DCRA, the City Council may grant the following incentives, to the extent authorized by state law: a. Applications for development within the DCRA shall be processed with priority over those in other areas of the City. b. The DCRA Sub-committee may grant waivers for parking, setbacks, and on-site stormwater as setforth or others as may be provided for herein. c. The City may waive or reduce review fees for a certain period of time to the extent allowable or practical (under staff review). d. The DCRA may recommend and City Council approve increased density by the use of Transfer of Development Rights e. As US 1 is being improved and the City is a Dense Urban Land Area (DULA), the City may waive the traffic impact report, and allow a deferment of impact of fees. f. The DCRA may consider constructing those portions of a development that are for the public purpose: parking, stormwater, landscaping, plazas, civic spaces, required improvements in open space areas accessible for use by the public, roadway connectivity, pedestrian/bike paths, and the like. g. The DCRA may consider the reimbursement of Tax Increment Revenues anticipated to be derived from a development to that development over a negotiated period of time in order to help the project be financially feasible or meet their pro forma.

18 Division 2. Downtown Mixed Use (DMU) District Intent/Purpose In 2008, the Titusville Downtown Community Redevelopment Agency (DCRA) Human beings also thrive in updated the adopted Redevelopment Plan. It states: Overall, as different places. There are redevelopment occurs in the City there is a need to remain flexible. Second, those who could never live there is a need to identify the market forces that are shaping the available in an urban center; there are options and target efforts to take advantage of these forces. Third, those who would wither in a redevelopment is generally more expensive than new development. We, rural hamlet. Humans need therefore, need to offer developers the support of the DCRA, including the a system that preserves and investment of the Tax Increment revenues generated by their projects back creates meaningful choices into the redevelopment area. This section of the new code seeks to identify in their habitats. Near the opportunities for both the overall new DOWNTOWN MIXED USE (DMU) close of the 20th century, DISTRICT, and the sub-areas, contained therein. New Urbanist designers recognized that sprawl was Instructions eradicating the pre-war Through the City s visioning and the recent workshops, there is a clear desire American transect of the to recognize the Downtown Community Redevelopment Agency (DCRA) as built environment. They the urban core and to create standards to allow for an urban style of began to analyze it and development. There is a clear and present desire to integrate smart code extract its genetic material principles. Smart Code principles are based upon a system known as the for replication. In this way, Transect, which divides an environment into segments based upon its they extended the natural geological, or in terms of a city, its development form. transect to include the built environment, thus (Reserved) establishing the basis for the SmartCode. Andres Duany Downtown Mixed Use Zoning District The Downtown Mixed Use Zoning District (DMU) is established to promote the health, safety, social and economic welfare of the residents of the City by increasing the City's tax base and promoting the long-term economic growth and vitality of the downtown area. This district enables the City to encourage public and private development compatible with the character of the downtown area and in conformance with the Community Redevelopment Plan. The DMU encourages a mix of uses and development form throughout the District. Through the DMU, the City can become the center for economic and business affairs, expand employment and living opportunities, protect historic resources, promote new investment, protect the natural beauty and public spaces that make Titusville special, and encourage public use (not necessarily ownership) of the waterfront. It is further intended that this district will use the existing grid street network as the spine or bones improved pedestrian and vehicular circulation, parking management, and encouragement of excellence in urban design, preserving the unique character and historic fabric of the downtown. In this way, will the City have a diverse, welcoming downtown for entertainment, tourism, employment, recreation, business, and living (Reserved)

19 Sub-Districts Described. (Editors note: The specific uses, dimensions and development criteria are defined in Sec ) Uptown: Located at the North end of the DCRA, this district has land on both sides of US 1. The just north of Garden Street consists of smaller residential and commercial parcels to the south of a large vacant parcel. The privately held land on the east side of US 1 is a marina and has opportunities to bring commerce to the waterfront and engaging the public. Uptown-The Smart Code Perspective This area shall contain the higher density and height allowances, flexibility for building types, uses, and building placements and contain the greatest variety of uses, and civic buildings of regional importance. It may have smaller blocks; streets have steady street tree planting and buildings are set close to wide sidewalks. General Character: Medium to High-Density Mixed Use buildings, entertainment, civic and cultural uses. Attached buildings forming a continuous street wall; trees within the public right-of-way; highest pedestrian and transit activity Building Placement: Shallow Setbacks or none; buildings oriented to street, defining a street wall Frontage Types: Stoops, Dooryards, Forecourts, Shopfronts, Galleries, and Arcades Typical Building Height: Maximum of 5 stories with a few shorter buildings;; and up to 10 stories for convention/hotel/entertainment facilities and/or transit oriented development as approved by the City Council with a recommendation from the DCRA Type of Civic Space: Parks, Plazas and Squares Civic Waterfront: This is the soul of the DCRA where there are physical, visual, and spatial connections to the water by the public and the uses found on the land. Uses are primarily to be water dependent and water related and open to the public. Uses also do not have to be publicly owned, but open and available for public use at least 10 hours per day.

20 Residential Historic District Historical Residential-Smart Code Perspective As a neighborhood with the largest concentration of historic homes in the City, this area consists of unique architecture and low density residential areas, adjacent to higher zones that have some mixed residential uses, home occupations, professional offices, some personal service, accessory or outbuildings. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. General Character: Lawns, and landscaped yards surrounding detached singlefamily houses; pedestrians occasionally Building Placement: Large and variable front and side yard Setbacks Frontage Types: Porches, fences, freestyle tree planting Typical Building Height: 1 to 2-Story with some 3-Story buildings Type of Civic Space: Parks, Greenways (Editor s note: The Residential Historic District is governed by the Residential Historic Preservation District Downtown: This area is the heart of the DCRA. Predominately developed, Downtown should contain the highest densities, intensities and heights creating a true downtown, urban area. Downtown-The Smart Code Perspective The heart of the DCRA, this urban center area shall consist of higher density mixed use buildings that accommodate retail, offices, government, civic, and public buildings, along with a mix of housing types including rowhouses and multi-family units. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. General Character: Specialty, retail, general shopping mixed with residential, Offices, workplace, and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity

21 Building Placement: Shallow (little space between building and sidewalk) Setbacks or none; buildings oriented to street defining a street wall Frontage Types: Stoops, Shopfronts, Galleries, dooryards, large window areas, higher first floor elevations Typical Building Height: Maximum 5-Story with a one story waiver per Section Type of Civic Space: Parks, Plazas and Squares Downtown Historic Village: Reserved Midtown: The southern gateway into the DCRA, Midtown, appears as more sub-urban than the other areas. Uses which can be dual classified between commercial and industrial are located within this area (or subdistrict). The Midtown area is structured such that many of the uses are to be validated as part of sustainability, and guide their change through design elements. Redevelopment and new criteria will attempt to create a tighter urban environment to enhance the core. Midtown-The Smart Code Perspective: General Urban Zone consists of mixed use. In this district, it is a heavier commercial fabric, with larger lot uses and development, such as vehicle sales, auto repair shops, some industrial uses, and scattered older residential uses within an urban fabric. It contains a wide range of building types more suburban in nature than urban, even though it is adjacent to the urban core. Setbacks and landscaping are variable. Streets with curbs and sidewalks define medium-sized blocks. General Character: Mix of houses, older, small apartment buildings, with scattered industrial and commercial activity; little balance between landscape and buildings; large lots and uses are not conducive to pedestrians Building Placement: Should have shallow to medium front and side yard setbacks Frontage Types: Porches, fences, dooryards Typical Building Height: 3 stories. Type of Civic Space: Squares, Greens

22 Transit Oriented Development (TOD) Defined. This Land Development Code envisions one or more opportunities for a TOD: the area north of Garden in the Uptown District. TOD is an approach to development that focuses land uses around a transit station or within a transit corridor typically characterized by: A mix of uses Moderate to high density Pedestrian orientation/connectivity Transportation choices Reduced parking High quality design TOD s shall be located within one-quarter mile, or a five to seven minute walk, of a transit station. TODs may incorporate transit stations into a development, or focus on building reuse and infill. In more suburban areas, TOD often takes the form of new development clustered around a station on underutilized or vacant sites. TODs use landscaping, street furniture, street lighting, and other urban and site design features that encourage pedestrian activity to integrate the station area into the surrounding community. An essential ingredient of any successful TOD, whether in a large urban center or smaller village is connectivity between street networks and adjoining uses, which can be achieved through landscape design, sidewalks and pathways, signage, building façade treatments, parking strategies, and a variety of land uses. Historically, bus transit stops have not generated TODs because bus routes and stops, as well as level of services can be relocated at any time and vary. The trend toward public investment in busways with a dedicated right-ofway and large bus transit centers may make bus transit stations more attractive for transit oriented development. The standard density for TOD s is units per acre to make them feasible. A section of the Appendix will be devoted to design standards for TOD forms of development Transit Oriented Design Maximum Height with Bonus Described A TOD design may apply for a hieght bonus of up to 10 stories for projects that meet the intent of TOD and requirements as decribed in Section This approval shall be completed through Design Approval by the DCRA as described in Section of this Code.

23 Division 3. Uses and Use Criteria Intent/Purpose Form-based codes and transect planning have become widely accepted as a methodology to control land use, zoning, and the resultant built environment. It is the intent of this new code to provide a framework within which the built environment will be more aesthetically pleasing, pedestrian friendly, and economically viable Pre-Existing Conditions The DCRA currently functions under one Land Use classification and several zoning districts. The intent is to rezone the entire Central Business District zoning district, with the exception of the Residential Historic Preservation Zoning District, to Downtown Mixed Use (DMU). The Residential Historic Preservation Sub-District shall retain the Residential Historic Preservation Zoning District, but shall be subject to the administrative and design review provisions of this code described herein. The City s non-conforming provisions remain in full force and effect in the DMU and code provisions allow lawfully existing buildings and sites to continue in the same use and form until a substantial modification occurs or is requested. At that time, the Administrator shall apply the following criteria, and may apply additional requirements where there is a determination by the City Building Official, Fire Marshal, or Engineer that there is an imminent threat to life safety. The following criteria shall apply: Existing buildings that have at any time received a certificate of occupancy shall not require upgrade to the current Building Code, and when renovated may meet the standards of the code under which they were originally permitted The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this Code Where buildings exist on adjacent Lots, thedrc may require that a proposed building match one or the other of the adjacent Setbacks and heights rather than the provisions of this Code Any addition to or modification of a Historic Structure or other building of value that has been designated as such by the City or to a building actually or potentially eligible for inclusion on a state, local or national historic register, shall be subject to approval set forth by the City for such buildings The restoration or rehabilitation of an existing building shall not require the provision of (a) parking in addition to that existing or (b) on-site stormwater retention/detention in addition to that existing. Existing parking requirements that exceed those for this Code may be reduced as provided Within the Downtown sub-district, the first floor shall be limited to retail or public uses as defined in Table 4.5 Table of Uses below Regulations that cover all Sub-Districts Prohibited uses. Any use not permitted by right or as a conditional use or accessory use, in the district shall be prohibited in such district. A vibrant mixed use district that celebrates and reflects ecological and space heritage and culture. Vision Statement from the 2008 TCRA Redevelopment Plan Update

24 Property frontage/access. No building or structure shall be erected on a parcel of land which does not abut a public street for a minimum of twenty (20) feet Existing Zoning Districts Consistent with Downtown Mixed Use Land Use. The prior code established provisions for various zoning districts found compliant with the DMU category. It is the intent of this code that the City administratively rezones the entire DCRA, with the exception of the Residential Historic Preservation Sub-District to be the Downtown Mixed Use Zoning District. This will consolidate all of the existing zoning classifications under one main district, giving individual placemaking characteristics to each sub-district. Those characteristics and criteria will form the basis for the form, function, consistency and compatibility of development within those specific villages or neighborhoods. The sub-district designations provide an organizational, spatial, and code characterization for guiding development. They are not zoning districts Maximum Residential Density. The maximum number of residential dwelling units per gross acre in the DMU shall be twenty (20) units per acre, with the exception of Transit Oriented Developments (TOD). Gross density shall be calculated over the entire parcel to yield a total number of allowable residential units. Where net minimum or maximum values are required, that shall be achieved within the actual area assigned for residential development Height. Maximum building height is defined by the Table Minimum Lot Size. None Miscellaneous Provisions Applicable to all Sub-Districts When a commercial or other use abuts a residential use, the residential setback shall apply to the abutting portion of the commercial/other use Improvements permitted in setbacks. 1) Open-air pedestrian areas, civic plazas and public gathering spaces. 2) Planters and other site accessories in compliance with the Urban Design Manual (UDM). 3) Paving, parking, and associated curbing that is in conformance with the Urban Design Manual (UDM). 4) Architectural projections such as eaves, signs, canopies and columns in conformance with the UDM 5) Bus/transit shelters.

25 Table of Uses Downtown CRA Land Development Regulations Table 4.4 of Uses 1 Category Specific Uses Civic Waterfront Uptown Downtown Reserved Midtown Entertainment Uses Financial Institutions Food & Dining Lodging and Tourism Health Care Institutional Public Facilities/Utilities/ Services 1 Alcohol beverage establishments, including Brew Pubs C P P P 2 Video game arcade P P P P 3 Billiards P P P P 4 Private Club and lodges P NP C P 5 Outdoor areas of seating assembly and/or music entertainment C C C C 6 Financial Institutions w/ or w/o Drive-thru 2 NP P P P 7 Ice cream parlor P P P P 8 Delicatessens P P P P 9 Restaurants with or without alcohol beverages C P P P 10 Outdoor areas of seating assembly and/or music entertainment C C C C 11 Hotels/Motels C P P P 12 Bed and breakfast C P P P 13 Convention Center NP P C NP 14 Medical Clinics NP P P P 15 Medical Laboratories (research, medical and dental) NP P P P 16 Hospitals NP C C C 17 Neighborhood Group home (one (1) to six (6) residents). NP P P P 18 Community residential home (seven (7) to fourteen (14) residents) NP C C C 19 Assisted Living Facility NP C C C 20 Domestic violence shelter NP NP NP P 21 Soup kitchens NP NP NP NP 22 Recovery home/halfway house NP NP NP C 23 Places of Religious Assembly NP NP P P 24 Family Day Care Center NP P P P 25 Child Care Center NP C C C 26 Vocational Education Facility NP P P P 27 Public use (governmental facilities/services) P P P P 28 Parking facilities as a principal use P P P P 29 Community center building P P P P 30 Public utility service facilities C C C C 31 Passenger terminal facilities NP P P P

26 Table of Uses, continued Downtown CRA Land Development Regulations Table of Uses (Cont'd.) Category Specific Uses Civic Waterfront Uptown Downtown Reserved Midtown 1 Personal and Professional Services Residential Uses Retail Sales & Service 32 Studios (Art, Photography) NP P P P 33 Shoe repair NP P P P 34 Travel Agency NP P P P 35 Salon NP P P P 36 Insurance and real estate office P P P P 37 Creative professional office (architects, engineering, planning) P P P P 38 Advertising office P P P P 39 Printing and copying store P P P P 40 Legal Office P P P P 41 Temporary labor agency NP NP NP C 42 Single Family, detached 10 NP NP C C 43 Townhouse, attached NP P P P 44 Multifamily, attached NP P P P 45 Accessory Dwellings NP P P P 46 Mobile Home Parks 4 NP NP NP NP 47 Home Occupations 5 NP P P P 48 Ceramic Shop P P P P 49 Clothing and Shoe store P P P P 50 Hardware store P P P P 51 Gift shop P P P P 52 Drug store/pharmacy P P P P 53 Florists P P P P 54 Plant nurseries NP NP NP P 55 Studios-Radio and TV NP P P P 56 Construction related businesses 6 NP NP NP P 57 Convenience Store w/ or w/o Gas Pumps C P P C 58 Dry Cleaning Pick-up NP P P P 59 Coin-operated laundry NP NP P P 60 Kennel/Animal Boarding or Pet Hotel NP C P P 61 Taxi-Cab, Limousine and other vehicle for hire establishments NP NP NP C 62 Vehicle Rental NP NP NP C 63 Vehicle Sales 7 NP NP P P 64 Veterinary clinic with or without boarding facility Self Service Car Wash, Full Service Car Wash, and Automatic Exterior Car NP C C P 65 Wash NP NP NP P 66 Marinas P NP NP NP 67 Open Air Market/Outside Sales, Display P C P P 68 Printing/Graphic Arts NP P P P

27 Table of Uses, continued Downtown CRA Land Development Regulations Table of Uses (Cont'd.) Category Specific Uses Civic Waterfront Uptown Downtown Reserved Midtown Light Industrial 69 Manufacturing, light 8 P C C P 70 Electronic assembly NP NP NP P 71 Mini-storage/Self Storage facilities NP NP NP C 72 Micro-brewery NP NP NP P 73 Dry Cleaning Plants NP NP NP P 74 Repair and Service for Small Equipment Items NP NP P P 75 Warehousing and wholesaling NP NP NP P Transit Oriented Development 76 Includes Transit Oriented Development in Downtown and Uptown only 9 NP P P C Legend: NOTES: P Use Permitted NP Use Prohibited C Use allowed by Conditional Use Permit 1 Any or all of the uses shown may be subject to additional criteria within the DMU or as provided in the Urban Design Manual. 2 Reserved 3 Limited to upper floors of Buildings 4Only pre-existing parks are allowed to remain 5 Per the City's Codes 6 Construction related businesses include offices, flexible use space, or buildings devoted to contractors, paint, tile, flooring, or the like and showrooms. No outside storage of materials, fabricating or manufacturing is allowed. 7 No repair or outside display 8 As defined in Article II of this code 9 See Downtwon Mixed Use district code for specific criteria 10 Only as part of a Planned Development.

28 Criteria for Specific Uses General. In all districts there are permitted and conditional uses. Some of those uses require certain design or performance standards in order to maintain compatibility with existing or proposed developments surrounding the site or to protect the safety, health and welfare of the users of the facility or general public Purpose and Intent. The purpose of these use classifications is to implement the policies of the City s Comprehensive Plan. The intent is to classify uses of land into a number of specially defined land use categories on the basis of common functional characteristics and similar compatibility with other uses. The Planning Director shall make a determination as to the nature of a use not listed and may specify additional criteria as deemed appropriate to make a proposed use compatible with the surrounding area. Appeals of the Director s decisions shall be reviewed by the City Manager or designee prior to development or building permit, as applicable, or concurrent with building permit review Use categories. There are three types of uses within the Downtown Mixed Use District: Permitted (P), Conditional(C), and Not Permitted (NP). Many Permitted and Conditional Uses have supplemental standards or criteria that must be met in order to receive approval by the administrative processes outlined in this Chapter. The standards or criteria associated with a particular use enable that use to be consistent with the purpose and intent of the district, and are deemed to further the goals of the community plan if certain criteria are imposed. The criteria are described and listed in this Article. If the criteria for that use are met, it is presumed that the use will not have any greater impact than a use allowed by right and the director shall approve the use without further review. If the criteria are not met, such use shall be treated as a conditional use or if they cannot be met due to physical characteristics of the land or business, the use may be denied Permitted Uses. These are uses by right that are consistent with the purpose and intent of the district. Permitted uses may have additional criteria that must be met. When development plans or final development plans are reviewed involving a use by right, the use of the property shall not be in question, unless any supplemental criteria cannot be met Conditional uses. Conditional uses are those that are generally consistent with the purpose and intent of that zoning district, yet may have more impacts to surrounding properties and the community than uses by right or uses with criteria. The location, design and condition of operation of these uses requires special review and approval by the Planning and Zoning Commission and the City Council in accordance with procedures set forth in Chapter 47, Article VII of these regulations. Such uses may be developed in the districts specified if special findings are made that the standards and conditions set forth in section and of this subchapter have been met. Conditions may be placed upon these uses as deemed appropriate by the approval body, in order to avoid or mitigate potential impacts. The listing of a conditional use in a particular zone district does not ensure approval of that use or any associated development plan. In addition, conditional uses may have additional criteria that must be met Accessory uses. Those uses are defined in Article 2 of Chapter Uses not specifically listed.

29 Uses that are not specifically listed shall not be allowed unless by reasonable implication permitted herein or by conditional use. Pain Management Clinics and Cash Only Pharmacies are prohibited. (Ord. No , 4, 2/8/11) INSTITUTIONAL USES Neighborhood Group Home (one (1) to six (6) residents). Community residential homes with one (1) to six (6) residents shall be allowed in the districts specified in Table 3.5 subject to meeting the following general provisions: a. Homes of six (6) or fewer residents shall not be located within a radius of one thousand (1,000) feet of another existing such home. Measurements shall be made from the structure of the community residential home (one (1) to six (6) residents) to the closest point of a second structure used for a community residential home (one (1) to six (6) residents). b. Residents of community residential homes (one (1) to six (6) residents) shall be limited to the following: An aged person as defined in F.S (3), a physically disabled or handicapped person as defined in F.S (7)(a); a developmentally disabled person as defined in F.S , a non-dangerous mentally ill person as defined in F.S (18); or a child as defined in F.S (14), (9), or (8) Community residential home (seven (7) to fourteen (14) residents). Community residential homes with seven (7) to fourteen (14) residents shall be allowed in the districts specified in Table 3.5, subject to meeting the following general provisions: a. A community residential home (seven (7) to fourteen (14) residents) shall not be located within a radius of one thousand two hundred (1,200) feet of another community residential home in a multifamily zone; and b. A community residential home (seven (7) to fourteen (14) residents) shall not be located within a radius of five hundred (500) feet of an area of single-family zoning. c. Distance as referenced in (a) and (b) above shall be measured by measuring from the nearest part of any principal structure utilized as a community residential home with the single-family or multifamily zoning district, as the case may be, nearest the community residential home. d. Residents of community residential homes (seven (7) to fourteen (14) residents) shall be limited to the following: An aged person as defined in F.S (3); a physically disabled or handicapped person as defined in F.S (5)(a); a developmentally disabled person as defined in F.S (6), a non-dangerous mentally ill person as defined in F.S (3); or a child as defined in F.S (8) and (10) Assisted Living Facility. ALF s shall be allowed in the districts specified in Table 3.5, subject to meeting the conditions outlined in the R-3 zoning district Domestic violence shelter. Shall be allowed in the districts specified in Table 3.5, subject to meeting the following conditions: a. The facility shall be located in a structure that is detached from any other building or use. b. Twenty-four-hour staff person coverage on-site shall be provided.

30 c. Maximum occupancy of any facility shall be limited to one (1) person (adult or child) per one hundred fifty (150) square feet of living area. This total shall include any live-in staff person(s). d. One parking space shall be provided for each five hundred (500) square feet of living area. e. The facility shall conform, to the maximum extent practicable, to the type of outward appearance of structures in the general area in which it is located. f. The facility shall provide a minimum of one thousand five hundred (1,500) square feet of usable open space adjacent to the facility. g. The facility shall meet all certification requirements of the State of Florida, Department of Children and Family Services Family day care home. a. Family day care homes are allowed as noted on Table 3.5, subject to the following: Per F.S , a family day care home shall be allowed to provide care for one (1) of the following groups of children, which shall include those children under thirteen (13) years of age who are related to the caregiver: b. A maximum of four (4) children from birth to twelve (12) months of age. c. A maximum of three (3) children from birth to twelve (12) months of age, and other children, for a maximum total of six (6) children. d. A maximum of six (6) preschool children if all are older than twelve (12) months of age. e. A maximum of ten (10) children if no more than five (5) are preschool age and, of those five (5), no more than two (2) are under twelve (12) months of age. f. A family day care home shall be a permitted use in all residential districts pursuant to F.S and regulated within the DMU district pursuant to Table Recovery home/halfway house. Shall be allowed in the districts specified in Table 3.5, provided the following conditions are satisfied: a. The operation and location of the facility as proposed is consistent with the comprehensive plan and applicable land development regulations; b. The facility will not create or cause a private or public nuisance to adjacent properties by creating noise, odor, health hazard, glare, unlawful activities, harassment of residents or business occupants in the vicinity, or other adverse condition; c. The facility will implement adequate security and supervision measures to address the needs of the facility's residents as well as residents of adjacent lands and their property. Prior to approval of the conditional use, the owner/developer of the facility shall provide to the city a security plan in form and substance acceptable to the city addressing the needs of the facility's clients, including but not limited to a statement describing special supervision to be provided for clients, as well as protection from decrease in property values, harassment, theft, arson or fire, crime, or other adverse condition to be provided to persons in the surrounding community; d. The facility will be of adequate size and design to reasonably accommodate its projected capacity; e. The facility and its features are designed to be compatible with the general architectural theme, appearance, and representative building types of adjacent properties and uses; and f. No Recovery Home or Halfway house shall be allowed with 2,400 linear feet of, another group home, community residential home, soup kitchen, homeless shelter or other recovery home/halfway houses.

31 g. The intensity of use of the proposed facility does not adversely impact upon existing uses or change the character of the area in which it is located. Intensity of use of the proposed facility shall be determined based upon the size of the facility, the number of residents to be accommodated, and the type of accessory services to be provided. Adverse impact shall be evaluated particularly with respect to existing residential uses and districts within two hundred fifty (250) feet of the site NON-RESIDENTIAL USES Automobile (Vehicle) sales. a. All sales must be from a permanent structure, and the parking area must meet the requirements of the site plan and landscaping regulations. b. There shall be no outside vehicle storage other than vehicles for sale or rent, and all repairs must be in an enclosed structure with no bay door openings located in the front face of the building. c. When the use of a parcel of property is changed to allow automobile sales and storage, new DMU requirements shall be applicable. d. All gasoline or other fuel pumps shall be supported by a dedicated standby generator to ensure continuity of service after severe weather events, or acts of God, subject to approval by the City Bed and breakfast establishments. Bed and breakfast uses are allowed as noted on Table 3.5 and subject to the following criteria: a. There shall be no more than five (5) rooms used as guest rooms; b. The owner/operator of the facility must physically reside on-site during all periods that the facility is open to the public and that guests are housed on-site; c. Adjacent residential homes must be separated by a visual screen consistent with the visual screen standards set forth in Section d. The facility shall maintain the residential character of the area by adopting a residential scale and style of construction and conform to the Urban Design Manual for the Downtown Mixed Use District Brew Pub. Brew pubs are allowed as noted on Table 3.5, subject to the following: a. Production capacity of malt beverages shall be limited to not more than five thousand (5,000) barrels per year. b. The brewery shall not occupy more than thirty (30) per cent of the gross floor area of the restaurant Child care facility. a. No certificate of occupancy shall be issued until a license has first been obtained from the State Department of Children and Family services and any other permitting agency as required by law including the provisions of these regulations. b. A landscape buffer shall be required on non-street property lines. c. Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas. d. All structures, playgrounds, and outdoor recreation areas be set back a minimum of fifty (50) feet from any abutting residential zoning district or residential use.

32 Construction Related Businesses/Building Material, Contractor Sales and Lumberyards. Building Material Sales and Lumber yards, shall be subject to the minimum standards of this Code and the following specific criteria: a. All materials to be sold on the premises must be completely screened from adjacent properties and roadways; b. On-site vehicular storage shall be limited to those vehicles used in the operation of establishment; c. Such establishments shall not include the manufacture of structural wood components, roof trusses, wall units and other activities requiring the assembly of wood products; d. All wholesale activities shall be accessory to retail sales conducted on the site Convenience stores (with or without gas pump) or Retail Sales of Gas within Full Service Gas Station (City s existing language for convenience store) a. All gasoline pumps, tanks, vents, pump islands and pump island canopies shall conform to setback requirements for the district except that no such pumps, tanks, vents, pump islands or pump island canopies shall be located closer than twenty-five (25) feet to any side property lines. b. The proposed store shall be free of all obstructions of view from the adjacent street to the main store windows giving a clear and unobstructed view of the cashier's station including obstructions of landscaping and gasoline service islands. c. The proposed convenience store shall be subject to all special requirements for retail gasoline sales establishments if the proposed store is to include such use. d. The proposed convenience store shall have appropriate security systems to include, but not be limited to, the following: convenience store shall be equipped with cameras with video retrieval capabilities. e. Two (2) or more employees shall be on site at the same time between the hours of 11:00 p.m. and 7:00 a.m. f. The proposed convenience store shall not have as a part of its operation coin operational amusement devices. g. All outdoor display of merchandise is prohibited. h. All gasoline or other fuel pumps shall be supported by a dedicated standby generator to ensure continuity of service after severe weather events, or acts of God, subject to approval by the City Convention Center. Convention Center Facilities shall be subject to the minimum standards of this Code and the following standards: a. No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property; b. No off-street parking or loading space shall be located closer than twenty-five (25) feet to any property line abutting a residentially designated property; c. Any accessory restaurant or ticket sales activities to be included as part of the cultural or civic facility shall be conducted entirely within the building; d. The facility must have thoroughfare road frontage; e. A buffer shall be provided between the facility and adjacent properties that are or residentially designated.

33 Financial Institutions: No drive-through facilities are allowed within the Downtown Historic District Industrial, light. See definition in Article II. a. Light industrial uses are regulated by Table 3.5. b. Any use which the Planning Director or designee believes may have a greater impact on the surrounding area or may not be compatible with the proposed site or surrounding community shall be processed as a conditional use. c. Any accessory office, accessory commercial outlet and/or accessory restaurant must not exceed more than twenty-five (25) percent of the gross floor area of the principle building, or if no building is on-site, such supporting uses shall be no larger than three thousand (3,000) square feet except by conditional use. d. Supporting Commercial and/or restaurant uses shall be located within the front area of the facility along the primary roadway. e. Additional buffering shall be required between Industrial uses and residentially used or designated lands at the discretion of the Planning Director. f. Demolition Debris Sites are prohibited. g. Junk and Salvage Yards or sites are prohibited Kennel/Animal Boarding/Pet Hotel. Kennel/Animal Boarding Facilities, as defined in this Code, are subject to the minimum standards of this Code and the following specific standards: a. There shall be a minimum lot area of one-half (1/2) acre for each 25 animals to be boarded. b. Buildings housing animals and exercise and confinement yards shall be located no closer than fifty (50) feet from an adjacent residential use. c. All activities, with the exception of animal exercise yards, shall be conducted within an enclosed building. d. Disposal of dead animals shall be by means approved by the Department of Health and Rehabilitative Services. No facilities for cremation of animal remains shall be permitted on the site Outside Markets, Display, Street vending or Sidewalk vending: Commercial business owners may display their products on the outside of their business, in a neat and orderly manner under the following requirements: a. All outside display areas shall be located adjacent to the main building and shall not impede pedestrian or traffic flow and shall not take up required parking areas. The defined areas shall be well maintained, provide for walking and accessibility, be free of debris, and have proper lighting, seating, and trash receptacles. All other areas of the site shall be free of merchandise. b. Outside storage and/or sales shall not be located: 1. Within fifteen (15) feet of any street intersection or pedestrian crosswalk; 2. Within five (5) feet of a primary roadway access into a parcel; 3. Within five (5) feet of another outside vending location; 4. Within five (5) feet of a building exit; 5. Within fifteen (15) feet of a fire hydrant;

34 6. Within an area that abuts the display windows of a permanent business location not owned by the outside vendor; or 7. Where in the opinion of the City s designated representatives it represents an obstruction to traffic safety or endangers the public welfare. c. Only Merchandise from the retail establishment is considered valid for outside sales. d. Prohibited items include vehicles, auto parts, tires, heavy equipment of any kind, fireworks, and any hazardous products. e. Any special conditions, restriction, and requirements for any uses listed in this Section or Section that will be within the Open Air Market must be complied with. f. The open air market shall provide onsite permanent restroom facilities to serve the patrons of the market. g. The open air market shall provide a seating area to accommodate any food service and restaurant uses Outdoor areas of seating, assembly and/or music entertainment. The intent of this section is to allow licensed restaurants that are either "stand alone", part of a strip center or located within a shopping center to provide outdoor eating areas (open air) to their patrons when adhering to the following conditions: a. Outdoor food service and music or other entertainment will terminate no later than 10:00 p.m. on weekdays (Monday--Thursday) and 11:00 p.m. on weekends (Friday--Sunday) when the outdoor area is located within fifty (50) of the Residential Historic Preservation zoning district. b. The number of outdoor seats provided by a restaurant shall be counted as part of the restaurant's total permitted seating allotment and shall be shown on an approved site plan and/or survey of the property with a drawing indicating the seating area and compliance with parking requirements and all other conditions of this Section. c. Outdoor seats shall not cause a licensed restaurant's required parking to become inadequate. d. Outdoor seating areas shall not encroach upon public rights-of-way, or public easements except public sidewalks, civic spaces or public plazas. e. Outdoor seating is restricted to the sidewalk or building frontage of the subject licensed restaurant, the rear yard or a side yard if the side yard is abutted by a non-residential use or zone unless otherwise specified in a binding development plan. f. An outdoor seating area must be clearly delineated with planters, decorative fencing, and/or hedges to distinguish such area from the parking area serving the restaurant. When such seating areas are permitted to locate on elevated walkways, piers or docks, this condition does not apply. g. Outdoor seating areas must comply with all city performance standards. h. Outdoor seating shall not encroach upon surface water/stormwater areas except as permitted by the City. i. Outdoor seating that is provided within a public or private sidewalk area shall either maintain a five foot wide clear pedestrian path or 50 percent of the sidewalk width, whichever is greater. Such clear pedestrian paths shall be maintained at all times. j. Tables and chairs shall not be placed within five feet of bus stops, fire hydrants, above ground public utilities, bike racks or any type of public street furniture. k. Outdoor seating areas must be maintained in a neat and orderly appearance at all times and must be cleared of all debris on a periodic basis during the day and at the close of each business day.

35 l. If found to be necessary for the protection of the health, safety and welfare of the public, the city manager or his/her designee may require the subject property to immediately remove or relocate all or part of the tables, chairs, etc. of the outdoor seating area. m. The serving or consumption of alcoholic beverages within an outdoor seating area shall comply with the regulations of applicable government agencies. n. No advertising signs or business identification signs shall be permitted within the outside seating area unless permitted by the city sign regulations Outdoor Storage Areas: Where allowed by the zoning district or approved as a conditional use, shall meet the following criteria: a. Junkyards, concrete plants, automobile wrecking yards and gasoline or oil storage depots are not allowed in any DMU Sub-District. b. Approved outdoor storage uses shall not be located within three hundred (300) feet of any residential zoning district. c. No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except at duly licensed sales or service locations of such products. d. Tanks or drums of fuel directly connecting with a heating device or appliance located on the same lot as the tanks or drums of fuel are excluded from this provision. e. All outdoor storage facilities shall be enclosed by a solid fence or wall eight (8) feet in height to conceal such facilities and the contents thereof from adjacent properties. Such fences or walls shall be setback ten (10) feet from a side or rear property line. f. There shall be no storage in the required front or side yards. g. No materials or wastes shall be placed or deposited on any premises in such form or manner that they may be transferred or carried off such premises by natural causes or forces. h. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers Private Clubs and Lodges/Club Buildings: a. All buildings shall be set back fifty (50) feet from any street b. Such use shall be operated for the benefit of members only and not as a business entity. c. There shall be direct access to a collector road. d. One (1) parking space shall be provided on site for each three hundred (300) square feet of gross floor area. e. No club or lodge facility shall be located on the ground floor in the Downtown, Uptown, or Downtown Historic District areas of the Community Redevelopment Area. f. These uses are subject to the City s alcoholic beverage and hours of operation requirements. g. Should there be three (3) or more valid complaints requiring public safety personnel intervention within a 2 month period, the City Council shall reserve the right to review the use for action which may include suspension or termination of a Business Tax Receipt Schools (Public, Private, Vocational, Rehabilitative): All schools shall comply with the criteria of this section.

36 a. General Design Criteria. 1. Exterior lighting shall be compatible with the surrounding neighborhood. 2. The applicant must clearly demonstrate the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and appearance. b. Landscaping (the following landscaping regulation in addition to those required by Chapter 35 of these regulations shall be required to be met). 1. City Council may impose additional landscaping and buffering to further screen and buffer activity from abutting residential areas. c. Access/Circulation/Parking. 1. Entrance to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods. 2. Such facility shall provide a passenger drop-off zone adjacent to the facility providing clear ingress and egress from parking and other areas. 3. All student drop off/pick up areas and their associated stacking areas shall be required to be totally on-site. d. Additional criteria specifically for Commercial and Mixed Use zoning; 1. All playgrounds and outdoor recreational areas shall be set back a minimum fifty (50) feet from any abutting residential zoning district or residential use. 2. Required to have frontage and all access from a collector or higher roadway, unless the Community Redevelopment Agency approves access from a lower roadway classification. 3. In the event a school is proposed to be in a commercial plaza with other commercial uses, a dedicated area for school parking and drop off and pick up shall be required to be separate from other on-site commercial traffic. (Ord. No , 29, ) Self-service car wash, full service car wash and automatic exterior drive thru car wash: All car wash facilities shall comply with the regulation of this section. a. Uses/Activities Permitted. Self service car washes shall be limited to the following activities: 1. Self service washing and drying of automobiles. 2. Self service waxing, polishing and vacuuming of automobiles. 3. No equipment shall be permitted except as necessary to permit service car washes or drying directly and solely by the customer. b. Full service car wash facility shall be limited to the following activities: 1. Fully automated and/or manual washing, waxing, polishing, drying of automobiles by employees. 2. Fully automated or manual vacuuming and cleaning of the interior of automobiles by employees. c. Automatic exterior drive thru car wash: 1. Fully automated self-service exterior cleaning and/or washing services provided on a drive thru or roll over basis solely by the customer in which power driven or steam cleaning machinery is used to clean and/or wash automobiles and other motor vehicles. 2. This use may be allowed as an accessory activity to a Gas Station. Convenience store with gas pumps or automotive dealership with obtaining a Conditional Use Permit, subject to the design criteria noted in section (2) being met.

37 d. General Design Criteria. 1. In zoning districts that list this use as a Permitted Use, said facility shall be required to proceed through Conditional Use Permit approval process if any portion of the site abuts any residential zoning district or use. The Conditional Use Permit process may be waived subject to a 25-foot wide landscape buffer being provided adjacent to the abutting residential zoning district or use. No development, circulation, parking or any car wash activity may be permitted in this buffer area. 2. Said facility shall be required to proceed through Conditional Use Permit approval process if the site is not fronting and have all ingress/egress from a Principal or Minor Arterial roadway. 3. In no case shall such a use be permitted or have ingress/egress on a roadway classification under Major Collector. 4. There shall be no outside storage or display of goods offered for sale. 5. All washing and waxing of automobiles shall be within a completely enclosed building, except for entrance and exit. Vacuuming and drying of automobiles may be outside the building but shall not encroach upon any setback and/or buffer areas. 6. The above mentioned entrance and exit shall not face any abutting property zoned for residential uses. 7. All of the area of the site to be utilized by the washing, waxing, drying and vacuuming operation including all ingress and egress areas shall be paved with concrete, asphalt or asphalt concrete. 8. A six (6) foot high masonry screening wall shall be required where the site abuts a residential zoning district or use. e. Landscaping shall be regulated by the Urban Design Manual. f. Access/Circulation/Parking. 1. Self-service car wash: A minimum off-street stacking space/area to accommodate two (2) waiting automobiles (minimum 40 linear feet of stacking space/area) shall be provided per wash bay. 2. Full service car wash facility: A minimum off-street stacking space/area to accommodate fifteen (15) waiting automobiles (minimum 300 linear feet of stacking space/area) shall be required per wash bay. A minimum of one (1) off-street parking space shall be provided for each employee on the largest shift. 3. Automatic exterior drive thru car wash: A minimum off-street stacking space/area to accommodate five (5) waiting automobiles (minimum 100 linear feet of stacking space/area) shall be required per wash bay. 4. The off-street stacking space/area shall not conflict with or interfere with on site circulation patterns. 5. When the service is offered for onsite final manual drying separate from the wash bay, said area shall be capable of accommodating a number of vehicles equaling one-half (1/2) of the required stacking space/area. Said area shall not conflict with or interfere with on site circulation patterns. 6. Sewage/Drainage Effluent Quality.

38 7. Only car wash facilities equipped with a self-contained water recycling system shall be approved. These facilities shall not back wash their filters but instead have their filter properly disposed (potentially as hazardous wastes). 8. All car wash shall have a disposal facility including sludge and grit removal. 9. Any wastewater discharge to the City of Titusville Sanitary Sewer System shall be required to meet all City of Titusville Sanitary Sewer standards. (Ord. No , 10, ) Temporary labor agency. a. Provide a lighted gathering area, screened from public view to the greatest extent possible without limiting police visibility into the area. This area shall only be occupied between the hours of 5 a.m. and 8 p.m. b. Provide sanitary facilities available to the gathering area (one (1) unisex bathroom) in addition to the minimum sanitary facilities required by the plumbing code for the occupancy. Portable toilet facilities are prohibited. c. Provide garbage and cigarette disposal receptacles in the gathering area. d. Provide secured bicycle parking per City Code. e. Provide a pick-up area on the site, which does not impede traffic on public streets. f. Prohibit laborers loitering around the area by providing transportation away from the agency location for those not receiving employment for that day as well as for those returning to the agency at the end of the day following employment. g. Pay phone facilities must be within the office, and/or enclosed building. No pay phones shall be available in the gathering area. h. The gathering area shall be maintained in a clean and orderly manner at all times. i. A full site inspection will be required prior to the opening and operation of the facility Vehicle major repair, servicing and maintenance and Vehicle minor repair, servicing and maintenance: Shall be subject to the minimum standards of this Code and the following specific standards: a. No driveway of an automobile service station or automobile repair shop shall be located within thirty (30) feet of a street intersection. b. No gasoline or other fuel pump shall be located within thirty (30) feet of a street line or of an adjoining property line. c. All minor vehicle repairs shall take place within an enclosed building. d. No motor vehicle shall be parked or stored out of doors on the premises for more than sixty (60) days. Vehicles parked or stored out of doors on the premises shall be located within an area screened by a minimum six-foot (6 ft) privacy fence located to the rear of the principle structure. e. The entire premises on which there is an automobile service station or an automobile repair shop shall be kept clean and free of debris such as used auto parts, tires, oil cans or drums, rags, papers or any other used or discarded materials. f. All hydraulic hoists, pits, lubrication, repair and service work shall be conducted entirely within a building. g. All merchandise and material for sale shall be displayed within an enclosed building. h. When a service station dispensing flammable materials becomes vacant for a period exceeding ninety (90) days, the property owner shall be required to remove or treat in a safe manner approved by the E.P.A. (Environmental Protection Agency) all flammable materials or storage tanks on the site.

39 i. All gasoline or other fuel pumps shall be supported by a dedicated standby generator to ensure continuity of service after severe weather events, or acts of God, subject to approval by the City Veterinary Clinics and Animal Hospital. A Veterinary Clinic and Animal hospital as defined in this Code are, subject to the minimum standards of this Code and the following specific standards: a. No animal shall be kept on the premises overnight except in case of continuing treatment or an emergency. The primary purpose of a veterinary clinic is for the care and treatment of domestic animals and not for keeping or boarding animals (may include dog grooming). b. All animals shall be kept in an enclosed building at all times. There shall be no outdoor runs or pens, except on property that is a minimum of ¼ acre. c. Disposal of dead animals shall be by means approved by the Department of Health and Rehabilitative Services. No facilities for cremation of animal remains shall be permitted on the site.

40 Division 4. Site Dimensional Criteria and Performance Standards Site Development Criteria Table of Dimensions DOWNTOWN MIXED USE SMART CODE Development Parameters Civic Waterfront Uptown Downtown Downtown Historic Village Midtown Notes/Comments Mixed Use Allowance Civic/Public Open Space Required Residential Not Allowed Minimum 20% Up to 100% Reserved Up to 100% Non-Residential Up to 100% Minimum 30% Up to 100% Reserved Up to 100% NA Yes Yes Reserved Yes Parcel by parcel basis, measured by building sf ^ Plazas, gathering spaces, outdoor seating, outdoor eating and like are Civic and Public spaces; Open space % includes setback, parking, stormwater, and all nonpervious areas; Minimum size of public or civic spaces shall be 500 square feet Ground Level Non- Residential Required NA Yes No Reserved No Density NA 20 units per acre Density/Intensity Max. Building Coverage 15% 60% 100% Reserved 50% Instead of using a Floor Area Ratio to govern intensity, this proposes to use building coverage percentage Min. Open Space ^ 50% 30% 0% Reserved 25% Arterial Street NA 40' 0' Reserved 20' Setbacks* Accessory Structures:Location, Size, and Setbacks Side NA 25' 0' Reserved 15' Rear NA 15' 15' Reserved 20' If alleyway is used, rear setback is 0'. From Mean High Water Line NA 5' from property line 5' from property line Reserved Reserved 5' from property line Height (stories) Reserved 3 NA means Not Applicable General Notes: Transit Oriented Development design provided on the next table. Setbacks, lot coverage,and parking subject to waiver provisions. 10/26/2010

41 TITUSVILLE CRA LAND DEVELOPMENT REGULATIONS Transit Oriented Development Development Parameters Notes/Comments Mixed Use Allowance Residential 30% min Parcel by parcel basis, measured by building sf Non-Residential 40% minimum Civic/Public Open Space Required yes ^ Plazas, gathering spaces, outdoor seating, outdoor eating and like are Civic and Public spaces; Open space % includes setback, parking, stormwater, and all non-pervious areas; Minimum size of public or civic spaces shall be 500 square feet Ground Level Non-Residential Required yes May be parking, or any approved non-residential uses Density/Intensity Density Minimum Net: 15 Max. Building Coverage 95% Instead of using a Floor Area Ratio to govern intensity, this proposes to use building coverage percentage Min. Open Space ^ 5% Setbacks* None Accessory Structures:Location, Size, and Setbacks NA Height (stories) Max 10 Where building is over 5 stories, there must be differentiation of heights, dimensions, articulation of upper floors/porticocheres or other front façade treatment extending up to 25 feet to create a pedestrian connection

42 Base Heights Described Parking Standards in General Except for buildings located on main thoroughfares with on-site parking, parking should be accessed by Rear Alleys or Rear Lanes, when such are available On-site parking shall be located to the rear of the buildings in the DMU Open parking areas on new or redevelopment sites that are seeking a permit for building modifications shall be required to be masked from the frontage by a building Parking Structures on the main thoroughfares shall have Liner Buildings lining the first and second stories. All parking lots, garages, and Parking Structures shall be located behind liner shops on the ground floor; or in a separate parking structure Vehicular entrances to parking lots, garages, and Parking Structures shall be no wider than 24 feet at the Frontage A minimum of one bicycle rack space for every twenty required vehicular parking spaces shall be provided on-site in a visible and accessible location Parking Requirements Parking shall be provided for each permitted use within a proposed development as required by this code through permanent motor vehicle parking spaces within a parking structure or paved parking area located on the lot occupied by the use Parking Ratio. Parking shall be provided according to the following minimum parking requirements based on gross floor area but shall not include enclosed or covered areas used for off-street parking. Any fraction less than 1/2 shall be disregarded and any fraction of 1/2 or more shall be rounded up to the next highest full number. Residential 1 Office Use Parking Requirement 2 spaces per dwelling; 1 additional space for accessory unit 3 spaces per 1,000 sf

43 Retail 4 spaces per 1,000 sf Night club, Tavern, Bar 1 space per 750 sf Restaurant (sit-down) 6 spaces per 1,000 sf Restaurant (fast food) 4 spaces per 1,000 sf Industrial 1 space per 1,000 sf Warehouse 1 space per 2,500 sf 1 Multi-family structures over 12 units shall require 1 space per residential unit up to 2 bedrooms, ½ space per bedroom thereafter Shared Parking. For mixed-use developments, the following sharing factor may be applied. The parking requirement is divided by the sharing factor to calculate the modified parking requirement. The applicant may also submit an alternative parking demand analysis based upon professional accepted methodology requesting a modified parking requirement for a mixed-use project. Example: Mixed-use project with 25,000 sf of office and 25 residential units would require 75 spaces for the office and 25 spaces for the residential (100 total spaces). Applying the sharing factor of 1.4 would reduce the parking requirement to 89 spaces. Calculation: 125 spaces (75-office + 50-residential) / 1.4 = 89 spaces; a reduction of 36 spaces or approximately 30 percent Accessible Parking. The number of accessible parking spaces shall be 2% of the total parking spaces required, except no handicapped parking shall be required on properties containing less than five parking spaces. Handicapped parking stalls shall be at least 12 feet wide by 18 feet long for 90 degree parking and shall be proportionally larger for other parking angles. Accessible spaces must comply with the Americans with Disabilities Act (ADA). In the event of a conflict with the ADA requirements, the ADA requirements shall prevail. All such stalls shall be appropriately marked and signed, be located in close proximity to the principal building and shall offer barrier free access to the principal building. The designation of accessible parking stalls shall constitute consent by the property owner to the enforcement of the restriction of such spaces to handicapped motorists by the City Uses Not Specifically Listed. For uses not specifically listed in this section, the City Manager, or his designee, shall apply the parking requirements for a comparable listed use. The applicant may provide supplemental parking information to justify application of a parking ratio for the proposed use based upon professional accepted planning or engineering references.

44 On-Street Parking Allowance. Parking provided within adjacent and nearby public rightsof-way may be used to meet parking or loading requirements. Up to 10% of the number of on-street parking spaces within a 250 radius of the property may be used to meet required parking. Spaces used for storage of any motor vehicles or other items for sale shall not be used to meet parking or loading requirements provided in these regulations Payment In-Lieu Of Parking. Applicants shall have the option to make a payment in lieu of providing some or all of their required parking on site. Payment shall be in an amount as approved by the DCRA. This provision may also allow an applicant to construct parking within existing public rights-of-way, with some or all of the cost of construction applied towards the payment in lieu of provision Change in Use. If a change in use requires an increase of 50% or less than the parking required for the previous use, only the new required parking (or net difference in parking) must conform to the provisions of this code. If the change in use requires an increase in required parking greater than 50% of the previously required parking, all parking must be brought into compliance with the provisions of this code, including, but not limited to, location, size, materials, and access based upon the DMU zoning standards. For alterations of structures, see section Alteration of Structures. If modification of structure results in an increase of 50% or less than the parking required for the previous use, only the new required parking (or net difference in parking) must conform to the provisions of this code. If the change in structure requires an increase in required parking greater than 50% of the previously required parking, all parking must be brought into compliance with the provisions of this code, including, but not limited to, location, size, materials, and access based upon the District development standards Off-site Parking. If the vehicle parking spaces required by this code cannot be reasonably provided on the same lot as the principal use, the DCRA (or other appropriate Board) may permit a portion of the required parking to be located on a separate lot at a public hearing based upon the following provisions: Maximum Distance for Residential. The nearest property line of any off-site parking area required for a residential use shall not be located more than 150 feet from the nearest property line of the residential use Maximum Distance for Non-residential. The nearest property line of any off-site parking area required for a non-residential use shall not be more than 300 feet from the nearest property line of the non-residential use Off-site Parking Ownership. Any off-site parking area shall be under the same ownership as the principal use or otherwise secured by a lease of no less than the term of any lease for the principal use or three years if the principal use is not leased. All necessary legal instruments shall be executed and recorded in the public records prior to the issuance of

45 certificates of occupancy. All renewal agreements pertaining to off-site parking area leases shall be provided to the City, prior to the expiration of the lease term Parking Assignment. The required parking spaces for any number of separate uses may be combined in one lot, but the required spaces assigned to a use may not be assigned to another use, except that parking spaces may be assigned for two different uses whose peak attendance is at alternative times or one use is closed during the peak time of the other use Additional Restrictions. Off-site parking shall meet the following requirements: 1. Off-site parking shall not be separated from the principal use by any street with more than three travel lanes. 2. A continuous pedestrian pathway (a five-foot wide sidewalk) shall be required between the off-site parking area and the entry to the principal use. The sidewalk may be located within the public right-of-way of the adjacent roadways. 3. The parking area shall be properly lighted for security. 4. Accessible spaces required shall not be located in off-site parking areas Parking Design Standards: Parking shall be designed according to the following provisions: Parking Space and Aisle Dimensions. The minimum required dimensions of parking spaces and aisles are provided in the following table. Angle (Degrees) Parking Space and Aisle Dimensions Stall Stall Two-Way Width Depth Aisle Width (Feet) (Feet) (Feet) One-Way Aisle Width (Feet) Parking Bay Width (Feet) Vehicular Overhang. Up to 3 feet of the required depth of the parking space, measured from the face of a curb or wheel stop may be used to measure the full depth of the parking space. No portion of this overhang area may be counted towards open space or landscape requirements Parallel Parking. Parallel parking spaces shall have a minimum length of 20 feet and a minimum width of eight feet Residential Parking. Required parking spaces for a single-family or two-family dwelling unit shall be a minimum of eight feet wide and 20 feet long. Required parking spaces may be placed end to end. Garage doors opening toward a public street shall be a minimum of 20 feet from the property line.

46 Tandem Parking. The DCRA may approve the use of tandem parking for certain uses Use of Parking Areas. Required parking spaces and associated aisles and maneuvering areas shall be reserved for vehicle use at all times Parking Standards. The following standards shall apply to all off-street parking areas. 1. No parking space shall open directly onto a public street (single-family and twofamily dwellings and townhouses are exempt). 2. Except for single-family and two-family dwellings, aisles, driveways and joint access easements shall not be used for parking vehicles. 3. No parking space shall be located so as to block designated emergency access. 4. For parking areas with 10 or more spaces, a minimum queuing distance of 20 feet shall be provided along all access drives between the street travel lane and the nearest parking space Paving and Marking. Permanent parking areas containing ten or more spaces shall be surfaced with asphalt or concrete (including porous concrete), or other hard-surfaced dustless materials, and shall be constructed to provide for adequate drainage. Each space shall be striped in accordance with City requirements. Single-family and two-family dwellings shall be exempt from the marking requirement. Parallel spaces only require a single stripe perpendicular and parallel to the curb edge to delineate the space Curbs. Curbs or other equivalent means shall be provided to prevent any vehicle using a parking area from encroaching on any public right-of-way, required landscaping area or adjacent property Loading Requirements The following loading requirements apply only on new development sites larger than 2 acres Minimum Loading Requirements. A structure with a gross floor area of ten-thousand (10,000) square feet or more, which requires deliveries or shipments that are frequent in nature and do not include package deliveries by a UPS, Postal Service and other like package service, shall provide loading/unloading berths. Except for industrial uses, offstreet loading/unloading berths shall be at least twelve (12) feet wide and at least twentyfive (25) feet long, exclusive of access or maneuvering space. Off-street loading/unloading berths for industrial uses shall be at least twelve (12) feet wide and at least fifty-five (55) feet long, exclusive of access or maneuvering space Each loading space shall be clearly defined and designed so as not to conflict or interfere with other traffic using the site Queuing Requirements for Drive-Through Facilities Minimum Drive-Through Queuing Requirements. The minimum number of queue spaces including the vehicle being serviced shall be provided according to the following table. Each queue space shall be a minimum of 20 feet in length. Unless otherwise indicated in the table, queuing shall be measured from the point of ultimate service to the end of the queuing lane. Each queue lane shall be clearly defined and designed so as not to conflict or interfere with other traffic using the site. Each land use in the table below shall have a

47 bypass lane with a minimum width of 12 feet and shall be clearly distinguished from the queuing lane by markings. Queuing vehicles shall not stand within public street or alley rights-of-way. Queuing Requirements for Drive-Through Facilities Land Use Min. Number of Queue Spaces Bank teller lane 3 ATM 2 Restaurant (drive-thru) 5 Car wash (full service) 4 Car wash (self-service) 2 Automotive service (oil change station) 2 Retail (pharmacy Driveway Location. The following provisions apply to the location of driveways A driveway providing access to a single-family or two-family lot from a primarily residential street shall be located at least 15 feet from a street intersection; otherwise, a driveway accessing a street shall be at least 30 feet from an intersection A driveway other than for a single-family or two-family dwelling shall be located at least 30 feet from another driveway Number of Driveways. The following table sets forth the maximum number of driveways based on the amount of lot frontage. Driveways shall be a minimum of 30 feet apart. When appropriate, all new driveways shall be placed directly across from driveways on the opposite side of the street to enhance traffic flow and public safety. Maximum Number of Driveways Lot Frontage Maximum Number of Driveways Up to 100 feet to 299 feet 2 Each additional 300 feet 1 additional Driveway Separation from Intersecting Streets. A platted lot existing on the effective date of this code which does not have sufficient street frontage to satisfy the separation requirements of this section may be granted one driveway provided that it is located as far from the intersection as is reasonably feasible and does not create a hazard to the motoring public Alternative Access. Where the configuration of properties located precludes spacing of driveway access in accordance with the requirements of this section due to topography or prior site development layout, the City Manager, or his designee, shall be authorized to require joint use driveways or cross access corridors. The following provisions set forth standards for joint use driveways and cross access corridors for reduced spacing situations Joint Use Driveways. Wherever feasible, the City Manager, or his designee, may require the establishment of a joint use driveway serving two or more abutting properties. If a proposed development abuts an existing development that contains an existing joint

48 access driveway, the vehicular circulation of the proposed development shall be designed to connect to the abutting access and circulation areas. If a proposed development abuts an existing undeveloped property, the vehicular circulation of the proposed development will contain a joint access driveway designed to connect to the abutting property at a later date Cross Access Corridors. The City Manager, or his designee, shall be authorized to require cross access corridors to minimize driveway openings. The developments shall be designed so as to provide for mutually coordinated parking, access and circulation systems. Wherever joint use or cross access corridors driveways are provided in accordance with this section, the site plan shall not be approved unless the plan grants an easement to and from the abutting properties. Such easements shall be recorded by the applicant in the public records and shall constitute a covenant running with the land Recording Easements. Closing of Interim Driveways. Wherever a permanent joint use driveway or cross access easement is constructed in accordance with this section, all preceding interim driveways shall be closed and eliminated. In the case of a joint use driveway, the property owner shall enter into a written agreement with the city, recorded in the public records and running with the land, that existing driveways shall be closed and eliminated after the construction of both sides of a joint use driveway Where Unified Access and Circulation is Not Practical. The City Manager, or his designee, shall be authorized to waive the requirements of this subsection when abutting properties have been developed in such a manner that it is clearly impractical to create a unified access and circulation system with all or part of the affected areas Visibility In order to safely accommodate vehicular movements to and from public streets, the following sight distance and visibility provisions shall be required Street Intersections. At street intersections nothing shall be erected that will obstruct vision at any point above the center line grades of the intersecting streets within the triangular area formed by the right-of-way lines and a straight line joining the right-of-way lines at points which are at a distance of 35 feet from the intersection of the right-of-way lines and measured along such right-of-way lines Other Accessways. In all zoning districts, no fence, wall, hedge, or other planting or structure shall be allowed on private property that will obstruct vision at any point where private driveways intersect a public street in such a manner as to interfere with traffic visibility of any driver using an authorized driveway, alley or roadway Measurement of distances. For the purposes of this article, distances shall be measured in the following manner Distance between Driveways. Distances between driveways shall be measured along the right-of-way line from the nearest points of intersection of the driveways with the right-ofway line. In the event that the curb return of a driveway begins outside of the right-of-way,

49 the point of intersection of the extension of the driveway curb or edge shall be used for measurement purposes Distance from Intersection. The distance from street intersections shall be measured from the nearest intersection of the existing right-of-way lines or extensions thereof. For streets designated to be widened at a future time by an adopted plan, measurement shall be made from the ultimate right-of-way Access to Off-Street Parking Alleys or mid-block driveway connections from the minor street shall be the primary source of access to off street parking. Direct access from thoroughfares and other primary roadways is discouraged except where approved by the DRC. Parking along alleys may be head-in, diagonal or parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access between parking lots across property lines is also encouraged. Access to all properties adjacent to the alley shall be maintained. SAMPLE DIAGRAMS Corner lots that have both rear and side access shall access parking through the rear (see diagram). Circular drives are prohibited except for civic buildings. Garage door(s) shall be positioned no closer to streets, squares or parks than 20 feet behind the principal plane of the building frontage. Garage doors facing streets, squares or parks shall not exceed 10 feet in width. Where space permits, garage doors shall face the side or the rear, not the front of (building/parcel?) Landscape Standards (RESERVED) Signage (RESERVED) Stormwater Standards (RESERVED)