The intent of the regulations for the Sunset Avenue Historic District is as follows:

1.

To enhance and integrate land use regulations, tailored to the historic character of this district, with existing land use regulations;

2.

To preserve the district's historic pattern and distribution of building types that are characterized primarily by single-family residences, institutions, and neighborhood commercial buildings, which were constructed from the late 19th century to the mid-20th century;

3.

To preserve the residential character of the street, including the spatial relationships between buildings, and the spatial relationship between buildings and the street;

4.

To preserve the historic street and lot pattern and design, that are significant elements of the district;

5.

To ensure that new development is consistent with the historic character of the district;

6.

To encourage neighborhood revitalization and prevent the displacement of residents; and

7.

To preserve and enhance the historic and architectural appearance of the district so as to substantially promote the public health, safety and general welfare.

(Ord. No. 2011-19(11-O-0447), § 1, 5-25-11)

1.

The existing zoning map and regulations governing all properties within the Sunset Avenue Historic District shall remain in full force and effect. The following zoning regulations shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations.

2.

All other statutes, rules, regulations, ordinances, or other governmentally adopted regulations pertaining to properties within this district shall continue to apply; and any variance between said other regulations and these overlay district regulations (Chapter 20P) shall be governed by the interpretation provision set forth in section 16-20.011(c) of the Code of Ordinances.

(Ord. No. 2011-19(11-O-0447), § 1, 5-25-11)

1.

The boundaries of the Sunset Avenue Historic District constitute an overlay Historic District (HD) zoning district, which district shall be as shown on the official zoning map adopted herewith entitled the "Sunset Avenue Historic District" and described as follows: south boundary on the east side of Sunset Avenue is the south property line of 685 Rhodes Street, and on the west side of Sunset Avenue is the south property line of 126 Sunset Avenue; west boundary is the rear property lines of the lots on the west side of Sunset Avenue; north boundary on the west side is north property line of 320 Sunset Avenue; north boundary on the east side is the north property line of 303 Sunset Avenue; east boundary is the rear property lines of the lots on the east side of Sunset Avenue.

(Ord. No. 2011-19(11-O-0447), § 1, 5-25-11)

The overlay zoning regulations for the Sunset Avenue Historic District are composed of two parts. The first part consists of general regulations which apply to all property located within this district. The second part consists of specific regulations.

(Ord. No. 2011-19(11-O-0447), § 1, 5-25-11)

The following regulations shall apply to all properties within the Sunset Avenue Historic District.

1.

General criteria:

a.

The commission shall apply the standards referenced below if the standards set forth elsewhere in this Chapter 20P do not specifically address the application, including but not limited to commercial properties in the district:

(1)

A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features and exterior spatial relationships.

(2)

The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, and exterior spatial relationships that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use. Changes shall not be undertaken that create a false sense of historical development, such as adding conjectural features or elements from other historic properties or eras.

(4)

Changes to a property that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize a property, shall be preserved. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, texture, and, where possible, materials.

(6)

New additions, exterior alterations, or related new construction, shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work may be differentiated from the old, but shall be compatible with the historic materials, features, size, massing, scale and proportion, to protect the integrity of the property and its environment.

(7)

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

2.

The compatibility rule:

a.

In general, the intent of the regulations and guidelines is to ensure that alterations to existing structures and new construction are compatible with the design, proportions, scale, massing, and general character of (i) the structure itself, (ii) the contributing buildings in the entire block, and (iii) the contributing buildings in the subarea.

b.

The compatibility rule is a method of requiring that alterations and new construction are sensitive and sympathetic to existing elements of the immediate environment constituting a particular block. In accordance with this purpose, the compatibility rule is as follows: "The elements in question (roof form, architectural trim, etc.) shall match that which predominates on the contributing buildings of the same block face, or where quantifiable (i.e., buildings height and width as measured at front façade, floor height, lot dimensions, etc.), no smaller than the smallest or larger than the largest such dimension of the contributing buildings of the same block face."

c.

To permit flexibility, many regulations are made subject to the compatibility rule. Those elements to which the compatibility rule applies are specified in regulations by reference to the "compatibility rule."

3.

Certificates of appropriateness:

a.

When required:

(1)

To change the exterior appearance of any portion of a structure within the district, when said change can be seen from the public right-of-way;

(2)

To erect a new structure or to make an addition to any structure within the district, when said addition can be seen from public right-of-way;

(3)

To demolish or move any contributing principal structure, in whole or in part, within the district; and

(4)

Site work.

b.

Type required:

(1)

Except as otherwise provided herein, the procedures for determining the appropriate type of certificate of appropriateness shall be those specified in section 16-20.008 of the Code of Ordinances.

(2)

Notwithstanding any other provision herein, no certificate of appropriateness shall be required unless, at a minimum, the work would otherwise require a building permit.

(3)

Type I certificates of appropriateness for ordinary repairs and maintenance are not required in this district. This exemption in no way obviates the requirements for certificates of appropriateness set forth in this section.

(4)

The following Type II certificates of appropriateness shall be reviewed by the director of the commission and shall be required for any of the following:

(a)

Fences, walls, and retaining walls;

(b)

Decks, skylights, solar panels, and mechanical and communication equipment if visible from the public right-of-way;

(c)

New accessory structures and alterations to existing accessory structures;

(d)

Shutters and awnings if visible from the public right-of-way;

(e)

Replacement of non-original, non-historic or missing elements with elements that otherwise meet the regulations, including but not limited to: siding, windows, porch railings, porch columns, porch flooring, exterior doors, if visible from the public right-of-way, and

(f)

Paving.

If a Type II certificate of appropriateness is required and the proposed alteration meets the requirements of this chapter, as applicable, and other criteria applicable to Type II certificates, the director of the commission shall issue the Type II certificate within 14 days of receipt of the completed application. If a Type II certificate of appropriateness is required and the proposed alteration does not meet the requirements of this chapter, as applicable, the director of the commission shall deny the application with notice to the applicant within 14 days of receipt of the completed application. Appeals from any such decision of the director regarding the approval and/or denial of Type II certificates may be taken by any aggrieved person by filing an appeal in the manner prescribed in the appeals section of section 16-20.008(a) for Type I certificates.

(5)

The following Type II certificates of appropriateness shall be reviewed by the commission and shall be required for any of the following to the extent they are visible from the public right-of-way:

(a)

Alterations to any façade of any principal structure; and

(b)

All site work, except as noted in section 16-20P.005(3)(b)(4).

(6)

The following Type III certificates of appropriateness shall be reviewed by the commission and shall be required for:

(a)

All new principal structures;

(b)

Additions visible from the public right-of-way;

(c)

Revisions to previously approved plans that result in an increase in floor area ratio, lot coverage, height or a change in the building footprint;

(d)

Subdivisions and aggregations; and

(e)

Variances.

(7)

Type IV certificates of appropriateness shall be reviewed by the commission and required for demolition or moving of any contributing principal structure. A partial demolition of a contributing principal structure shall require a Type IV certificate of appropriateness only when said partial demolition will result in the loss of significant architectural features that destroys the structure's historic interpretability or importance of the front façade.

4.

Variances and special exceptions: The urban design commission shall have the power to hear, grant and deny variances from the provisions of this chapter when, due to special conditions, a literal enforcement of its provisions in a particular case will result in unnecessary hardship. The procedures, standards, criteria, and appeal provisions for decisions regarding such variances shall be the same as those specified in Chapter 26 of this Part 16. The commission shall have the authority to grant or deny applications for special exceptions pursuant to the standards in Chapter 25 of this part.

5.

Subdivision and aggregation of lots: The subdivision of any lot within this district shall be subject to review and approval by the commission. No subdivision of lots shall be approved by the director of the office of planning unless said matter has first been submitted to and approved by the commission. No lots shall be aggregated except upon approval of the commission. Applications shall be made to the commission, and the commission shall not approve any subdivision or aggregation of lots unless the commission shall make a finding that the resulting lot or lots are compatible with the historic platting pattern of Sunset Avenue as it existed in 1968 and meet the compatibility rule with regard to lot size, dimensions and configuration.

6.

Financial hardship exemptions:

a.

These regulations set forth a minimum standard of architectural compatibility within the district. However, in order to balance this concern with other equally important objectives in the district, including economic development, neighborhood revitalization, and prevention of displacement of residents, the urban design commission may allow reasonable exemptions from these regulations on the ground of economic hardship to the property owner. The burden of proof that the regulations and guidelines pose such a hardship shall be on the property owner.

b.

In order to qualify for an economic hardship exemption, the applicant(s) must first make a showing that the alteration(s) requested is necessary in order to continue utilizing the structure for its intended purpose.

c.

If the urban design commission finds that this requirement of subsection (b) herein is satisfied, they shall consider the following factors in determining whether an economic hardship exemption in whole or in part will be granted:

(1)

The present and future income of the property owner(s) and those occupying the property;

(2)

The availability, at present or in the future of other sources of income of revenue, including loans, grants, and tax abatements;

(3)

The cost associated with adherence to the subarea regulations;

(4)

The degree of existing architectural importance and integrity of the structure;

(5)

The purpose and intent of this chapter.

d.

The urban design commission shall balance these factors as applied to the applicant for said exemption and shall grant said exemption, in whole or in part, as appropriate to the case upon a finding that the economic hardship to the applicant is significant and substantially outweighs the need for strict adherence to these regulations.

(Ord. No. 2011-19(11-O-0447), § 3(Att. C), 5-25-11)

In addition to the general regulations set forth in section 16-20P.005, and any other applicable regulations, the following regulations shall apply to all properties:

1.

Lot size, dimensions and configurations: In addition to the requirements of the subdivision and zoning ordinances, the compatibility rule specified in this Chapter 20P shall apply to all subdivisions and aggregations of lots with regard to lot size, dimensions and configurations.

2.

Grading:

a.

Grading shall not excessively or unnecessarily alter the natural topography of the site, with the exception of grading necessary to protect and preserve the structural integrity of a structure.

b.

New grades shall meet existing topography in a smooth transition.

3.

Architectural standards:

a.

Building façades:

(1)

All new construction shall conform to the existing building orientation by having porches and front doors facing the front yard.

(2)

At a minimum, the front of all new construction, including any portion thereof, shall be placed at the distance from the street determined by the compatibility rule.

(3)

There shall be two side yards, one on each side of the principal structure, established by the compatibility rule.

(4)

There shall be a rear yard of not less than ten feet.

(5)

All building materials which upon completion are visible from the public right-of-way, shall be compatible with those which predominate in the subarea.

(6)

Siding repair or replacement shall match the original in material, scale and direction. For new construction and additions, brick, wood or horizontal smooth cementitious siding is permitted.

(7)

The height of all new construction shall be based on the compatibility rule. Notwithstanding the compatibility rule, the height of new additions shall not exceed the height of the principal structure.

b.

Windows and doors:

(1)

Architecturally significant windows and doors, including details, trim work, and framing, shall be retained.

(2)

Replacement windows and doors shall be permitted only when originals cannot be rehabilitated. Replacement windows and doors shall match the original in design, materials, shape and size with no more than a one-inch width or height difference from the original size.

(3)

New doors and windows, when permitted, shall be compatible in scale, size, proportion, placement, and design to existing windows and doors.

(4)

The ratio of window and door area to wall area for all new construction shall be established by the compatibility rule, with a permitted differential of ten percent.

(5)

Windows in the front façade of new construction shall be predominantly vertical in proportion and must not be constructed in combination of more than two windows.

(6)

Replacement exterior doors shall match the original openings and conform to the original door in material and design.

(7)

New exterior doors shall be wood panel or fixed glass panel in wood frame. Metal doors may be used if their design matches that of an original door.

c.

Foundations:

(1)

Foundations shall be finished with brick, painted concrete block or true stucco.

(2)

Foundations shall be continuous wall construction or masonry piers with closed with solid infill wall.

(3)

Except for garage and utility additions and freestanding buildings, painted concrete block, brick or true stucco shall be used as infill between foundation masonry piers when infill is otherwise required.

(4)

Slab on grade foundations are not permitted.

d.

Storm doors and storm windows: Storm doors, screen doors or storm windows shall be of compatible design and shall not cover, obscure or dominate significant architectural details.

e.

Chimneys:

(1)

Chimneys shall be retained whenever possible.

(2)

If extending or repairing a chimney, the original materials, mortar, color and pattern shall be matched whenever possible.

(3)

The construction of new chimneys shall not be permitted on the front façade.

(4)

New chimneys shall be faced with brick, stucco or stone and shall originate at grade.

(5)

Siding on chimneys is prohibited.

f.

Roofs:

(1)

Replacement roofs and roofing shall match the original roof in material, pitch and shape as well as ridge, overhang and soffit design.

(2)

Cold-rolled roofing is permitted only on flat roofs and roofs with a 15-degree or less pitch.

(3)

Architectural metal roofing, slate, tile, and shingle roofing are permitted; corrugated metal and corrugated fiberglass roofs are not permitted.

(4)

The shape and pitch of roofs for new construction shall be subject to the compatibility rule.

(5)

Dormers shall not be permitted on the roof over the front façade of any structure.

(6)

Skylights, solar panels and communication equipment, when otherwise allowed by these or other regulations, are not permitted on the roof over the front façade of any structure.

g.

Porches:

(1)

Architecturally significant front porches, steps and stoops shall be retained, whenever possible.

(2)

Replacement front porches, steps and stoops shall match the original in size, design and materials.

(3)

Front porches may be enclosed with screenwire or glass if the main characteristics of a front porch are maintained.

(4)

Front porches shall be required for new homes and the compatibility rule shall apply for all porch elements.

(5)

Front porches shall contain balustrades, columns and other characteristics including floor dimension, height, roof pitch and overhang that meet the compatibility rule, although standard lumber is permitted.

(6)

New decks shall be permitted to the rear of the house.

h.

Accessory structures: Accessory structures, such as carriage houses, smoke houses, garages, car ports, electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE, tool sheds, greenhouses, tenant and alley houses, air conditioners and heating units, shall be located to the side or rear of the main structure within the buildable area of the lot and shall not project beyond the front of the main structure. In addition, said structures shall be located in the least visible location within permissible areas. Screening with appropriate plant or fence materials may be required if said structure is visible from the public right-of-way.

i.

Walls and fences:

(1)

Walls are not permitted in the front yard. Where permitted, walls shall be no more than six feet in height.

(2)

Fences in the front yard shall be made of wood picket, brick, stone or iron type construction and shall be no more than four feet in height.

(3)

Retaining walls which are located in the front yard shall have a finished masonry surface constructed of materials compatible with the exterior finish of the principal dwelling. Retaining walls shall be integrated into the landscape.

j.

Architectural details:

(1)

Exterior architectural details, such as brackets, decorative trim, corner boards, windows moldings, railings, columns, steps and doors, which contribute to the character of the buildings and appear on the front façade, shall be retained, restored or replaced to match the original in dimension and design.

4.

Paved surfaces:

a.

The original layout, patterns and paving materials of sidewalks, curbs and streets shall be retained. Replacement, when necessary, shall be done in kind as to layout, pattern, and paving material.

b.

New sidewalks shall be the same material and width as the sidewalk on abutting properties. If no sidewalk exists on abutting properties, the new sidewalk shall match the material and widths on the block. If no sidewalk exists on the block, the new sidewalk shall be concrete and six feet wide.

5.

Off-street parking requirements:

a.

Off-street parking shall not be permitted in the front yard.

b.

Carports and garages shall be behind the rear of the main structure. If the principal structure is located on a corner lot, the front yard setback of that side street shall apply to the construction of a carport or garage.

(Ord. No. 2011-19(11-O-0447), § 3(Att. C), 5-25-11; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14)