The regulations set forth in this chapter are the specific regulations for the NC-10 Amsterdam Neighborhood Commercial District. These regulations set forth herein shall apply in this district in addition to the general NC regulations or shall be applied instead of the general NC regulations where these regulations differ from the general NC regulations.

(Ord. No. 2008-88(08-O-1758), § 1, 12-10-08)

The following regulations are specific to NC-10 Amsterdam Neighborhood Commercial District.

1.

NPU notification. In addition to the required SAP submittal, the applicant shall also provide to the director of the bureau of planning a United States Postal Service certificate of mailing (first-class) of one copy of the full SAP application to the appropriate Neighborhood Planning Unit (NPU) chair or their designee for the purpose of notification and comment, and also a signed affidavit of said NPU notification. Said appropriate NPU shall have a period of 21 days from the date of the said certificate of mailing to provide one set of written comments to the bureau of planning prior to any SAP approval.

2.

Establishment of subareas. The NC-10 Amsterdam Neighborhood Commercial District is divided into two subareas as shown on "Attachment A". The subareas are described as follows:

Subarea 1: Amsterdam Mixed Use.

Subarea 2: Amsterdam Parking.

3.

Principal uses.

a.

Subarea 1.

i.

Gasoline service stations within the district shall be prohibited.

ii.

The number of eating and drinking establishments within the district shall not exceed six such uses.

b.

Subarea 2. Uses shall be limited to parking only.

4.

Maximum building heights.

a.

Structures that are within 100 feet of a single-family residential district boundary shall have a maximum height of 35 feet; and

b.

Structures that are greater than 100 feet of a single-family residential district boundary shall have a maximum height of 52 feet and four building floors.

5.

Supplemental zone. Supplemental zones are optional and shall not be required on any street in this district.

6.

Outdoor dining. Outdoor dining may locate either within supplemental zones or by encroaching into the sidewalk clear zone. When outdoor dining encroaches into the sidewalk clear zone, the following criteria shall be met:

a.

Shall have a minimum of six feet wide of unobstructed sidewalk clear zone area;

b.

No permanent structure or ornamentation shall be located within the area where encroachment is permitted and no element shall be attached to the sidewalk in any way;

c.

At such time as the outdoor dining use is discontinued, sidewalks shall comply with all requirements of this chapter; and

d.

Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including any plant material.

7.

Relationship of building to street. Active uses shall be required at the sidewalk-level of all buildings and structures,

a.

All buildings shall have a defined sidewalk-level for purposes of the active-use requirement. Active uses shall be required within buildings and parking structures at sidewalk-level for the entire length of said building façade except at ingress and egress points into parking structures or loading areas. When two or more floors meeting the definition of sidewalk-level exist within the same structure, this requirement shall only apply to the frontage of the sidewalk-level adjacent to the required sidewalk or provided supplemental zone.

b.

Sidewalk-level: any building floor within five vertical feet of the adjacent required sidewalk or provided supplemental zone.

c.

For the purposes of this chapter active uses shall be serviced by plumbing, heating, and electricity and shall not include parking, non-residential storage areas, driveways, or queuing lanes parallel to the adjacent street.

d.

Minimum active use depths shall be provided for a minimum depth of 20 feet as measured from the street-facing building façade.

8.

Parking requirements.

a.

A maximum parking ratio equivalent to 1.25 times the minimum parking ratios of section 16-32.023 shall be applied to all non-residential uses. Parking spaces shall not be permitted in excess of the maximum parking ratio for said uses.

b.

Above-ground parking structures shall have planted within adjacent transitional yards a staggered double-row of Japanese Cryptomeria (Cryptomeria japonica) trees, or equivalent evergreen species, located a maximum of 16 feet on-center and with a minimum planted height of eight feet and a minimum mature height of 25 feet. These requirements shall supplant the landscape requirements of section 16-28.028(c)(iii).

c.

Above-ground parking structures which are located in Subarea 2 shall:

i.

Have a maximum height of 14 feet as measured from the lowest finished grade located in Subarea 2 at the time of adoption of the NC-10 district, to the top of the subject exterior wall structure with the exception of vertical circulation elements such as elevator shafts, stairwells or lighting,

ii.

Utilize only brick, wood, stucco, stone or mansard as exterior materials. All materials shall be earth-toned.

d.

Off-site parking: Off-street required parking shall be permitted to be located off-site of the primary use anywhere within the NC-10 zoning district. All parking spaces shall be clearly marked and signed as reserved during specified hours. An applicant shall submit the following information:

i.

A to-scale map indicating location of the proposed parking spaces;

ii.

Hours of business operation;

iii.

Written consent from property owner of the proposed off-site parking area;

iv.

Copies of parking leases. Renewed leases shall be provided to the Bureau of Buildings. Lapse of a required lease agreement shall terminate the permit.

e.

Within buildings built before 1965 (see Sec. 16-28.014) no parking is required for the first 1,200 square feet of floor area of individual eating and drinking establishments that hold any type of alcoholic beverage license. When such establishments contain more than 1,200 square feet of floor area, the following minimum off-street parking requirements shall apply: One space for each 200 square feet of floor area provided in excess of 1,200 square feet.

f.

For child care centers; schools, churches, religious worship facilities, recreational or community centers and other places of assembly; dwellings and lodgings; hotels and motels; and single room occupancy residences: The minimum off-street parking requirements of Sec. 16-32.023 shall apply.

g.

For all other uses the following minimum off-street parking requirements shall apply: One space for each 300 square feet of floor area.

(Ord. No. 2008-88(08-O-1758), § 1, 12-10-08; Ord. No. 2020-08(19-O-1664), §§ 1A, 1B, 2-12-20)