§ 44-893. Downtown development authority (DDA) district development standards.

(a)

Requirements. Except as otherwise noted in this section, any new or modified uses requiring site plan review within the boundaries of the downtown development authority (DDA), as now existing or hereinafter amended in the DDA's tax increment financing and development plan, shall comply with the following requirements:

(b)

Part I . Part I applies to uses within areas 1, 5, and 6 of the DDA district.

(1)

Building entrances. All buildings shall have at least one public entrance that faces the street. Rear entrances are permitted, but only if there is also a primary entrance from the main street.

(2)

Doors. Doors measuring seven to eight feet in height are strongly suggested. Doors, measuring less than seven feet in height shall have a glass transom with a minimum height of 12 inches.

(3)

Facade design. All building facades that face a street shall conform to the following design criteria:

a.

Fenestration. All facades visible from the street must be glazed with transparent glass, as follows:

1.

First floor. First floor minimum 60 percent of facade, 70 percent maximum.

2.

Second floor. Second floor minimum 30 percent of facade, 60 percent maximum.

3.

Glazing. Glazing on first floor retail space shall occur between two feet six inches minimum and eight feet maximum in height above the sidewalk. First floor height shall be 12 feet minimum. Blank, windowless walls are prohibited.

4.

Vertical window. Vertical window orientation shall have a ratio of one wide to two high minimum, and shall be consistent with adjacent buildings. Each shutter to be mounted on either side of a window shall be equal to one-half of the width and one times the height.

b.

Building materials. Buildings are to be constructed from permanent materials that will weather handsomely over time and lend themselves to a nautical theme, such as brick, stone, masonry, cedar shakes, wooden-flat board, or other natural materials. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.

c.

Exterior colors. Exterior colors shall be compatible with the colors on adjacent buildings. Proposed colors shall be specified on the site plan. Bright or fluorescent colors are prohibited. Samples of building materials and colors are required at the time of site plan approval.

(4)

Side or rear facade design. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:

a.

Facades to be similar. Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade. All visibly exposed sides of a building shall have an articulated base course and cornice. The base course shall align with either the kickplate or sill level of the first floor. The cornice shall terminate or cap the top of a building wall, and may project out horizontally from the vertical building wall plane and may be ornamented with moldings, brackets and other details. The middle section of a building may be horizontally divided at floor, lintel, or sill levels with belt or string courses.

b.

Screened in waste and service areas. Waste receptacle and service areas shall be completely screened with a decorative masonry wall as approved by the planning commission.

c.

Landspaced areas. Open areas shall be landscaped with lawn, ground cover, ornamental shrubs and trees. On every site involving new development or redevelopment, foundation plantings adjacent to the building shall be provided. This shall be above and beyond any other landscaping and screening requirements in this chapter.

(5)

Awnings. Awnings shall be permitted on buildings as follows:

a.

Canvas or similar water-proofed material. All awnings must be made from canvas fabric or similar water-proofed material, rather than metal, aluminum, plastic, or rigid fiberglass.

b.

Attached directly to building. All awnings shall be attached directly to the building, rather than supported by columns or poles.

c.

Compatible awnings used to unify structure. In buildings with multiple storefronts, compatible awnings should be used as a means of unifying the structure.

(6)

Lighting. Exterior lighting shall consist of the historic-era lighting as approved by the downtown development authority and must be placed and shielded so as to direct the light onto the site and away from adjoining properties. Any lighting source shall not be directly visible from adjoining properties. Floodlights, wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited, except where historic-style lighting is used that is compatible with existing historic-style lamps as proposed by the DDA or as otherwise approved by the city.

a.

Sidewalks and parking areas . Sidewalks and parking areas shall be properly lit to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of one footcandle, measure five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of two footcandles, measured five feet above the surface.

b.

Vehicular ways. Light poles used to illuminate vehicular ways shall not exceed 35 feet in height.

c.

Pedestrian ways. Light poles used to illuminate pedestrian ways shall not exceed 15 feet in height.

(7)

Parking. Parking and parking lot design shall comply with the standards of this section, in addition to the provisions of section 44-165, off-street loading and unloading space.

a.

In-front parking. No new parking lot shall be created nor any existing parking lot expanded in front of a building unless the planning commission determines that parking in front of the building would be acceptable for either of the following reasons:

1.

Front yard parking is required to maintain the continuity of building setbacks in the block while making efficient use of the site; or

2.

Front yard parking is required for the purposes of traffic safety and to minimize driveway curb cuts where the new parking lot is proposed to connect with one or more parking lots on adjoining parcels.

b.

New parking in rear. If the planning commission determines that a new parking lot must be created or an existing parking lot must be expanded, the parking lot shall be located to the rear of buildings, unless subsection (6)1.a. and b. of this section are satisfied, on the interior of the lots, accessed by means of common driveways, preferably from side streets or lanes. Such parking lots shall be small in scale where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required, in language acceptable to the city attorney. Common, shared parking facilities are encouraged, wherever possible.

c.

Parking in front or side must be screened. Parking located in front or on the side of a building shall be screened from the road with one of the following: a 36 inch decorative masonry or stone wall; a 48 inch ornamental fence; or a 36 inch evergreen hedge. This shall be above and beyond any other landscaping and screening requirements in this chapter.

d.

Paving confined to minimum area. In order to maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of section 44-169, regulations for the development and maintenance of parking lots.

e.

Parking layout to consider pedestrian circulation. Parking lot layout shall take into consideration pedestrian circulation; pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving, and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

f.

Non-required nautical features may be used as in areas of parking. Non-required nautical features may be used as decorative accents in areas of parking and the associated landscaped areas as follows:

1.

Ornamental fencing may be used to distinguish the edge of an area, which consists of a design that is complementary to the downtown area's nautical theme. Round pier posts with a maximum height of four feet that are bounded with rope can serve as the posts for decorative fencing.

2.

Parking space striping may include a nautical theme that includes an anchor image with a chainlink image used as the space demarcation.

3.

Large anchors and driftwood may be used as part of the landscaping design.

(8)

Landscaping. Landscaping shall comply with the standards of this subsection, which shall be above and beyond any other landscaping and screening requirements in this chapter.

a.

Street trees. On every site involving new development or redevelopment, street trees with a minimum caliper of 2½ inches shall be provided at 25 foot intervals. Any of the following street trees with a minimum caliper of 2½ inches shall be planted within the road right-of-way at 25 foot intervals:

1.

Norway Maple;

2.

Red Maple;

3.

Green Ash;

4.

Bradford Pear; or

5.

Little Leaf Linden.

Subject to review and approval by the planning commission.

b.

Plans submitted for review. On every site involving new development or redevelopment, a landscape plan shall be submitted for review and approval. The landscape design shall complement the character of the downtown.

c.

Function requirements. Lots for apartment and nonresidential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial or residential uses shall be designed with textured paving, landscaping and street furniture.

d.

Decorative accents. Non-required nautical features may be used as decorative accents in areas that require landscaping as described in subsection (b)(7)e. of this section.

(9)

Building setback. Buildings shall have the front facades built at the least distance of setback as allowed in figure 7 of the DDA development plan. All side and rear yard setback distances are as required in the particular zoning district of the subject site as otherwise outlined in this chapter, or the average setback of other buildings on the block as determined by the planning commission. Where there is a conflict between these requirements and the requirements of any particular zoning district, these requirements included shall take precedent.

(10)

Building height. Maximum height of all buildings shall be two stories and 28 feet. Both stories shall contain habitable commercial, office, or residential spaces. Where there is a conflict between these requirements and the requirements of any particular zoning district, these requirements shall take precedent.

(11)

Building mass. Buildings located at gateways entering the central business district, area 1, along Middle Gibraltar and North Gibraltar Roads, shall mark the transition into and out of the downtown in a distinct fashion, using massing, additional height, contrasting materials and architectural embellishments to obtain this effect. Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. The planning commission may require additional height and architectural embellishments, such as corner towers, relating to their location. Where there is a conflict between these requirements and the requirements of any particular zoning district, these requirements shall take precedent.

(12)

Service access. A service alley or designated loading space shall be reserved at the rear of the building. Where there is a conflict between these requirements and the requirements of any particular zoning district, these requirements shall take precedent.

(13)

Signs. The following requirements are in addition to the requirements for signs outlined in section 44-99. Where there is a conflict between these requirements and the requirements of section 44-99, the following requirements shall take precedence:

a.

Wall-mounted signs. Wall-mounted signs may be permitted subject to the following:

1.

The sign shall be affixed to the front facade of the building, and shall project outward from the wall to which it is attached no more than six inches.

2.

The area of the signboard shall not exceed five percent of the ground floor building facade area, or 24 square feet, whichever is less.

3.

The maximum permitted height is 15 feet above the front sidewalk elevation, and shall not extend above the base of the second floor window sill, parapet, eave or building facade.

4.

The height of the lettering, numbers or graphics shall not exceed 12 inches.

5.

The sign shall be granted to commercial uses occupying buildings facing on public streets only and shall not be allocable to other uses.

6.

Wall-mounted signs are limited to one sign per business.

7.

Applied letters may be used for wall-mounted signs, if constructed of painted wood, painted cast metal, bronze, brass or black anodized aluminum. Applied plastic letters shall not be permitted. The height of applied letters shall not exceed 12 inches.

8.

Signs should closely resemble or match the nautical thematic signage, as outlined in subsection (b)(13)j. of this section.

b.

Painted window or door signs. Painted window or door signs are permitted, provided the following standards are met:

1.

The sign shall not exceed ten percent of the window or door area, or four square feet, whichever is less.

2.

The sign shall be silk-screened or hand painted.

3.

The height of the lettering, numbers or graphics shall not exceed six inches.

4.

Painted window or door signs are limited to one sign per business, painted on either the window or the door, but not on both.

5.

Painted window or door signs may be in addition to a wall-mounted sign, a freestanding sign, or an awning or valance sign.

c.

Awning signs. Awning signs may be permitted for ground floor uses only, provided the following standards are met:

1.

If acting as the main business sign, it shall not exceed ten square feet in area, and the height of the lettering, numbers or graphics shall not exceed eight inches.

2.

If acting as an auxiliary business sign, it shall be located on the valance only, shall not exceed four square feet in area, and the height of the lettering, numbers or graphics shall not exceed four inches.

3.

Awning signs are limited to two such signs per business, on either awning or valance, but not on both.

4.

If acting as the main business sign, it shall not be in addition to a wall-mounted sign.

d.

Freestanding signs. One freestanding sign may be provided, subject to the following conditions:

1.

The building where the business to which the sign refers, shall be set back a minimum of five feet from the street line.

2.

The area of the signboard shall not exceed 36 square feet.

3.

The height of the lettering, numbers or graphics shall not exceed four inches.

4.

The height of the top of the signboard, or of any posts, brackets or other supporting elements shall not exceed six feet from the ground.

5.

Signs should closely resemble or match the nautical thematic signage, as outlined in subsection (b)(11)j. of this section.

6.

The sign shall be located within four feet of the main entrance to the business, and its location shall not interfere with pedestrian or vehicular circulation.

7.

Freestanding signs are limited to one sign per building and shall not be in addition to wall-mounted signs or awning or valance signs.

e.

Multiple street frontage. Businesses located in corner buildings are permitted one sign for each street frontage.

f.

Service entrances. Businesses with service entrances may identify these with one sign not exceeding two square feet.

g.

Rear parking lot . One directional sign, facing a rear parking lot, may be erected. This sign may be either wall-mounted on the rear facade, projecting or freestanding, but shall be limited to three square feet in area.

h.

Restaurants and outdoor cafes. In addition to other signs, restaurants and outdoor cafes shall be permitted the following, limited to one sign per business:

1.

A wall-mounted display featuring the actual menu as used at the dinning table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five feet, shall not exceed a total area of two square feet, and may be illuminated.

2.

A sandwich board sign, as follows:

(i)

The area of the signboard, single-sided, shall not exceed five square feet.

(ii)

The signboard may be constructed of wood, chalkboard or finished metal.

(iii)

Letters may be painted or handwritten.

(iv)

The sign shall be located within four feet of the main entrance to the business and its location shall not interfere with pedestrian or vehicular circulation.

(v)

The information displayed shall be limited to daily specials and hours of operation.

(vi)

The sign shall be removed at the end of the business day.

i.

Number of address. Each business shall identify the number of its address within the signboard. One sign facing each street or parking lot may be permitted.

j.

Changeable copy signs. One changeable copy sign shall be permitted as part of any freestanding sign. The area of a changeable copy sign shall be contiguous, and shall not exceed 50 percent of the area of the freestanding sign on which it is located, or 12 square feet, whichever is less. If a changeable copy sign is proposed to be an electronic message center sign, such sign shall meet the following additional requirements:

1.

Animation. Copy may appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist or otherwise portray movement or animation.

2.

Frequency. Copy without animation shall change not more frequently than once per six seconds.

3.

Dimming. Any sign shall be equipped with and shall use photosensitive or similar mechanisms to automatically adjust sign brightness and contrast based on ambient light conditions.

4.

Illumination. Illumination levels shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, from dawn to dusk and 3,500 nits when measured from the sign's face at its maximum brightness from dusk to dawn.

5.

Certification. Any sign permit application shall include a certification from the owner, operator, and/or manufacturer of the sign stating that (i) the sign shall at all times be operated in accordance with City codes, and (ii) the owner, operator, and/or manufacturer shall provide proof of such conformance upon request of the city.

6.

Correction of defects. Any sign found by the building official to be in violation of this chapter shall be turned off until such time as the building official determines that such sign is in conformance with this chapter.

k.

Design standards. Signs should closely resemble or match the nautical thematic signage as illustrated below. Cylindrical pier posts bounded with roping should be used as the freestanding portions of signs with carved wood faces of the sign that include lettering, scripts, or images is preferred. The face portions of signs that are carved wood should include the lettering, scripts, or corporate images. All signs are subject to the review and approval of the planning commission and shall conform to the following design criteria:

1.

Faces of signs. The face of the signs should be carved and include lettering, scripts, or images. The signboard may be constructed of wood, with wood or cast iron brackets, and shall be architecturally compatible with the style, composition, materials, colors and details of the building, as determined by the planning commission. Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building, as well as with other signs used on the building or its vicinity, as determined by the planning commission.

2.

Facade features. Signs shall fit within the existing facade features, shall be confined to signable areas, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs shall be placed on a facade only in a manner historically appropriate to the style of the building.

3.

Same height for same blockface. Whenever possible, signs located on buildings within the same blockface shall be placed at the same height, in order to create a unified sign band.

4.

Wooden pier posts. Cylindrical wooden pier posts bounded with roping should be used as the freestanding portions of signs.

5.

Materials for signs. Wood and painted metal may be used as materials for signs. Flat signs should be framed with raised edges. The face of each sign should be framed with a narrow relief of wood and should be accented with a contrasting color. Signs using wood shall use only high-quality exterior grade wood with suitable grade finishes. A minimum of 30 percent of the wooden face of the sign should remain as a natural wood or a neutral color to serve as the background. Sign colors should be compatible with the colors of the building facade. A dull or matte finish is recommended, for it reduces glare and enhances legibility.

6.

Signs spot-lighted or back-lighted. Signs other than electronic message center signs shall be either spot-lighted or back-lighted with a diffused light source. Spot-lighting shall require complete shielding of all light sources; light shall be contained within the sign frame and shall not significantly spill over to other portions of the building, or site. Back-lighting shall illuminate the letters, characters, graphics or background on the sign. Fluorescent bulbs may be used to illuminate the interior of display cases.

7.

Concealed mounting. Signs shall be mounted so that the method of installation is concealed. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only, and not directly into brick or stone. Drilling to provide electrical service should also follow the same rule.

8.

Pedestrian circulation. Pedestrian circulation shall be developed for each side of the street in the entire DDA district concrete paving surfaces shall be used. Any portion of the concrete may be substituted with brick pavers or another acceptable textured surface, with approval from the planning commission. All subject site development shall further conform to the standards illustrated in figure 8 of the DDA development plan.

9.

Sidewalk displays. Sidewalk displays shall be permitted directly in front of an establishment, provided at least five feet of clearance is maintained along pedestrian circulation routes.

(i)

Display cases shall be located against the building wall and shall not be more than two feet deep. The display area shall not exceed 50 percent of the length of the store front.

(ii)

Display cases shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.

(iii)

Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.

10.

Courtyards and plazas. Exterior public and semi-public spaces, such as courtyards or plazas, shall be designed for function, to enhance surrounding buildings and provide amenities for users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, elements of landscaping, and elements of street furniture, in order to create a strong sense of enclosure.

11.

Mechanical equipment. All air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, by using walls, fences, roof elements, penthouse-type screening devices or landscaping.

(14)

Fire escapes . Fire escapes shall not be permitted on a building's front facade. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

(15)

Prohibited. Solid metal security gates or solid roll-down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from inside, within the window or door frames; or, if installed on the outside, if the coil box is recessed and concealed behind the building wall. Security grills shall be recessed and concealed during normal business hours. Models which provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are prohibited.

(c)

Part II. Part II applies to uses within those portions of areas 2, 3, and 4 of the DDA district that have frontage on Gibraltar Road, Middle Gibraltar Road, North Gibraltar Road, or West Jefferson Avenue. All building facades that face a street shall conform to requirements of subsection (b)(2) of this section, facade design.

(1)

Lighting. Exterior lighting shall conform to the requirements of subsection (b)(3) of this section, lighting.

(2)

Parking. Parking and parking lot design shall conform to the requirements of subsection (b)(6) of this section, parking.

(3)

Landscaping. Landscaping shall conform to the requirements of subsection (b)(7) of this section, landscaping.

(4)

Building setback. Building setback shall conform to the requirements of subsection (b)(8) of this section, building setback.

(5)

Building height. Maximum building height shall conform to the requirements of subsection (b)(9) of this section, building height.

(6)

Building mass. Buildings on corner lots shall be considered more significant structures, since they have at least two front facades visibly exposed to the street. The planning commission may require additional height and architectural embellishments, such as corner towers, relating to their location. Where there is a conflict between these requirements and the requirements of any particular zoning district, these requirements shall take precedent.

(7)

Service access. Service access shall conform to the requirements of subsection (b)(11) of this section, service access.

(8)

Signs. Signs shall conform to the requirements of subsection (b)(12) of this section, signs.

(9)

Pedestrian circulation. Pedestrian circulation shall conform to the requirements of subsection (b)(13) of this section, pedestrian circulation.

(10)

Mechanical equipment. Mechanical equipment shall conform to the requirements of subsection (b)(16) of this section.

(11)

Traffic flow. Curb cuts shall be limited to include a minimum separation distance of 175 feet.

(Ord. No. 23KKK, § 1(28-480), 5-14-2001; Ord. No. 316, § 1, 3-13-2006; Ord. No. 332, § 3, 8-11-2008)