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Bexley City Zoning Code

CHAPTER 1254

Commercial and Institutional District Regulations

1254.01 ESTABLISHMENT AND INTENT GENERALLY.

   The following zoning districts listed and described in this chapter are hereby established for the City. For the interpretation of the Zoning Code, the Commercial, Institutional and Mixed-Use zoning districts have been formulated to realize the general intent of the Code as set forth in Section 1240.02. In addition, the specific intent of each Commercial, Institutional and Mixed-Use zoning district shall be as follows in this chapter.
(Ord. 29-16. Passed 11-15-16.)

1254.02 COMPLIANCE WITH REGULATIONS.

   No structure shall be erected, converted or altered, demolished, demolished for a replacement structure, nor shall any structure or land be used, except for a purpose allowed in the district in which the structure or land is located as identified by the Official Zoning Map, except as provided in this Zoning Code. No structure shall be erected, enlarged or altered except in conformity with the district regulations, the off-street parking and loading regulations and the supplementary regulations of this Zoning Code for the district in which such structure is located as identified by the Official Zoning Map. No part of a yard or other open space required about any structure for the purpose of complying with the provisions of this Zoning Code shall be included as a part of a yard or other space similarly required for another structure.
(Ord. 29-16. Passed 11-15-16.)

1254.03 MIXED USE COMMERCIAL DISTRICT (MUC).

   The purpose of this District designated by the symbol "MUC" in this zoning code and on the official zoning map is to allow and encourage a strong local shopping and business center in the City. Mixed-use development should be allowed and encouraged. Intersections, in particular, provide opportunities for mixed-use development that is integrated vertically and horizontally with adjacent properties and uses. Goals of the District include encouraging redevelopment with infill, new forms of mixed-use residential, commercial, office and pedestrian-oriented retail development, increasing development of residential spaces to provide additional support for retail oriented activities and supporting the creation of complementary commercial, office, retail and residential uses individually or in combination in the District. Development standards within the District should be flexible to promote appropriate redevelopment while preserving and enhancing the unique character of the District through the adoption and application of design guidelines.
(Ord. 29-16. Passed 11-15-16; Ord. 04-24. Passed 3-26-24.)

1254.04 GENERAL COMMERCIAL DISTRICT (GC).

   This District, designated by the symbol "GC" in this Zoning Code and on the official zoning map, is an area of the City that is appropriate for a broad range of commercial uses, but not an integral part of the principal shopping district of the City and is characterized by limited traffic access and parking. This District needs a separate set of development standards, similar to the predominant scale and density of most sections of the City. Lot sizes and widths should be moderately large to insure ample space for each activity, for attractive landscaping and to avoid congestion. It is intended that the location of any General Commercial District be carefully planned to avoid conflict with residential areas, and it shall not be used for small sites mixed in with other uses. (Ord. 29-16. Passed 11-15-16.)

1254.05 LIVINGSTON AVENUE DISTRICT (LA).

   The Livingston Avenue District designated by the symbol "LA" in this Zoning Code and on the official zoning map, is an overlay district, the purpose of which is to facilitate the implementation of plans and vision for the revitalization of the City's mixed-use corridor and business area on Livingston Avenue. The LA District is intended to permit a diverse mix of individual and mixed land uses. Livingston Avenue District development applications are reviewed according to Section 1254.12 and Council approved plans that affect the LA District including the Joint Livingston Avenue Plan, to promote redevelopment while creating a unique character of Livingston Avenue.
(Ord. 04-24. Passed 3-26-24.)

1254.06 MAIN STREET DISTRICT (MS).

   The Main Street District designated by the symbol "MS" in this Zoning Code and on the official zoning map, is an overlay district, the purpose of which is to facilitate the implementation of plans and vision for the revitalization of the City's main commercial corridor and business area on Main Street. The MS District includes other districts as sub-districts, including the MUC District the CP District and the OS District, and is intended to permit a diverse mix of land uses. Main Street District development applications are reviewed according to section 1254.13 and Council approved Main Street Design Guidelines, to promote redevelopment while protecting the unique character of Main Street.
(Ord. 29-16. Passed 11-15-16.)

1254.07 OPEN SPACE DISTRICT (OS).

   The purpose of the Open Space District designated by the symbol "OS" in this Zoning Code and on the official zoning map, is to provide standards for the use, development and redevelopment of large public and quasi-public uses, institutions, parks and recreation areas. Large public and quasi-public uses normally present many desirable qualities of open space enjoyment, but must also be properly located and designed to avoid issues of street congestion, overcrowding, incompatible scale or other neighborhood and community problems. They should conform to their own appropriate zoning standards. It is intended that small public and quasi-public uses be included as Conditional Uses within the other districts.
(Ord. 29-16. Passed 11-15-16.)

1254.08 CAMPUS PLANNING DISTRICT (CP).

   Capital University and Trinity Lutheran Seminary are primary influences on the southwest portion of the City. The facilities and programming needs of these institutions in the past have impacted, and in the future will continue to impact, this area. The area also includes the western end of the East Main Street, an area appropriate for mixed-use redevelopment, which would enhance the City's business corridor and tax base. Capital University and Trinity Lutheran Seminary are major property owners that must be participants in any such redevelopment.
   The purpose of the Campus Planning District, designated by the symbol "CP" in this Zoning Code and on the official zoning map, is to encourage the orderly, planned growth of the Capital University and Trinity Lutheran Seminary campuses pursuant to long range planning strategies developed by the institutions in cooperation with each other and the City and to encourage mixed use redevelopment of Main Street.
   Principles to be followed by the City, Capital University and Trinity Lutheran Seminary when considering campus expansion and development include:
   (a)   An existing structure may not be demolished until and unless an application for a replacement use or structure has been submitted, reviewed and approved by the Board of Zoning and Planning, as set forth in Chapter 1220 in accordance with a campus plan which has also been approved by the Board of Zoning and Planning.
   (b)   New development that requires additional public services must not adversely affect public services to other property owners in the area.
   (c)   At the edges of the campus, the massing, scale and height of new buildings should be appropriate to the location in terms of distance to, scale and height of surrounding structures.
   (d)   New development, infilling and redevelopment should be designed to a high standard, appropriate to the setting of the university, seminary and community.
      Priority consideration should be given to the following:
      (1)   Buffers provided between the institution and adjacent residential areas.
      (2)   Adequate off-street, campus parking should be provided by the university and seminary to meet the needs of administration, faculty, and student parking for the daily work of the university and seminary, as well as special university events including musical and athletic events, to avoid using Bexley residential streets for surplus university parking.
      (3)   Nuisances screened from public and neighborhood view.
      (4)   Accesses oriented to major streets.
      (5)   Open and/or public spaces.
   (e)   Homes, such as those adjacent to the university along Astor Avenue, College Avenue, Euclaire Avenue, Francis Avenue, Mound Street and Sheridan Avenue, require special consideration when any new development, infilling and redevelopment is considered close to the boundary.
   (f)   Mixed-use development, rather than solely academic uses, should be considered for properties on East Main Street.
   The District is divided into two zones. The bulk of the District is located in Zone 1 where permitted uses are limited to campus uses, related institutional uses and existing residential uses. Zone 2 consists of an area adjacent to Main Street. Zone 2 is appropriate for mixed-use development compatible with the redevelopment of Main Street subject to Council approved Design Guidelines, and therefore, certain retail and commercial uses are permitted and encouraged in this zone. (Ord. 29-16. Passed 11-15-16.)

1254.09 IDENTIFICATION OF USES.

   Uses specifically listed for one district but not included in another are intentionally omitted from the latter; uses specifically listed as Conditional Uses but not included as permitted uses are intentionally omitted as permitted uses. Uses not specifically defined in this Zoning Code carry their customary meanings. Questions of definition pertaining to uses allowed and similar uses which may also be allowed shall be decided by the Board of Zoning and Planning based on the intent of this Zoning Code and the intent of any district in question. Uses not listed as permitted or conditional in the following table and uses that have not been determined by BZAP to be similar uses are prohibited. Permitted uses are designated by "P" and Conditional Uses by "C" below:
   The following are designated as permitted and conditionally permitted uses in Bexley Zoning Districts as follows:
 
ZONING DISTRICT USES - COMMERCIAL/INSTITUTIONAL
USES
MUC
CS
GC
CP:
ZONE 1
CP:
ZONE 2
OS
ZONING DISTRICT USES - COMMERCIAL/INSTITUTIONAL
USES
MUC
CS
GC
CP:
ZONE 1
CP:
ZONE 2
OS
Retail sales to include general merchandise, food, apparel and accessories, home furnishings and equipment, drug stores, gift and specialty shops, sporting goods, office supplies and hardware
P
P
P
-
P
-
Retail services to include photographic studios, dry cleaners, barber and beauty shops, and small item repair services
P
P
P
-
P
-
Retail sales providing a special convenience service
-
C
C
-
-
-
Automotive repair
-
C
C
-
-
-
Automotive service stations/car wash
-
C
C
-
-
-
Restaurant
P
P
C
-
P
-
Tavern
P
C
-
-
P
-
Beverage/liquor store
C
-
-
-
C
-
Administrative, business, professional and similar office uses
P
P
P
-
P
-
Dwelling units on all or any portion of first floor, including multi-family dwellings
C
 
-
C
C
-
Dwelling units above first floor, including multi-family dwellings
P
C
-
C
P
-
Single-family or two-family dwellings
-
 
-
P
-
-
Essential services
P
P
P
P
P
P
Accessory structures
P
P
P
P
P
P
Outdoor facility in association with other permitted use as specified in Main Street Design Guidelines
P
-
-
-
-
-
Outdoor facility in association with permitted use
C
C
C
-
--
-
Drive-through or outdoor facility in association with a non-food permitted use other than outdoor display
C
C
-
-
-
-
Drive-through in association with food service, where permitted by Bexley City Charter
-
C
-
-
-
-
Hotel or motel
C
C
-
-
C
-
Commercial parking lot
C
-
C
-
C
-
Other commercial or office uses similar to permitted uses and fulfilling intent of the district
C
C
C
-
C
-
Bed and breakfast
C
-
-
-
C
-
Public uses
C
C
C
C
C
P
Boarding house
-
-
-
C
-
-
Quasi-public uses
C
C
C
-
C
P
Public service facility
C
C
C
C
C
C
Commercial amusement and recreation
C
C
C
-
-
-
Funeral homes
C
C
C
-
C
-
Campus use
-
-
-
P
P
-
R-6 permitted uses (see Chapter 1252)
-
-
-
P
-
-
R-12 permitted uses (see Chapter 1252)
-
-
-
P
-
-
Institutional uses associated with campus uses
-
-
-
C
-
-
Adult use cannabis operator; adult use cannabis cultivator, or adult use cannabis dispensary
-
 
-
-
-
-
*P = Permitted Use; C = Conditional Use
 
   The following are designated as Conditional Uses in the Livingston Avenue District (LA) overlay and supplement the uses or supersede any conflicting permitted or conditional uses in the underlying zoning district.
 
USES
LA
Retail sales providing a special convenience service
C
Automotive repair
C
Automotive service stations/car wash
C
Tavern
C
Drive through in association with food service, where permitted by Bexley City Charter
C
P = Permitted Use; C = Conditional Use
 
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20; Ord. 40-23. Passed - - ; Ord. 04-24. Passed 3-26-24.)

1254.11 MIXED USE COMMERCIAL (MUC) DESIGN STANDARDS.

   The purpose of the Mixed Use Commercial District (MUC) Design Standards is to apply standards designed for corridors that typically include a mix of uses in a pedestrian-oriented development pattern. The design standards are intended to establish, reinforce and enhance the character and pedestrian-oriented development patterns of mixed-use commercial corridors; implement appropriate building standards that accommodate redevelopment and establish continuity and consistency along the corridors; and promote development that features landscaping, façade transparency, rear parking lots, quality architecture, and appropriately scaled lighting.
 
CATEGORY
DESIGN STANDARDS
Applicability
a.   The placement, construction, or reconstruction of a principal building is subject to all standards and requirements of the Mixed Use Commercial (MUC) Design Standards, except as applied to routine maintenance and in-kind replacement of materials. Facade renovations or exterior renovations are not considered reconstruction of a principal building.
b.   The expansion of a building's gross floor area by more than 20 percent is subject to all the provisions herein.
c.   The extension or expansion of a building towards a public street is subject to all the applicable provisions herein.
d.   Exterior alteration of a primary building frontage is subject to applicable provisions of Section 1254.11 below. For purposes of this requirement, the placement of window shutters, fabric canopies and awnings and/or building-mounted signage is not considered to be exterior alteration.
e.   The construction or installation of a new parking lot, graphic, exterior lighting, fencing, landscaping, or other accessory structure is subject to all the applicable provisions herein. Design standards do not apply to the re-striping or reconfiguration of existing parking lots.
Buildings
f.   A principal building shall be oriented to address and be nearly parallel to a primary street. Nearly parallel means within 15 degrees of being parallel.
Buildings
g.   The width of a principal building along a primary building frontage shall be a minimum of eighty (80) percent of the lot width.
h.   A primary building frontage shall incorporate a primary entrance door
i.   A building frontage that exceeds a width of 50 feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of 15 feet to 35 feet along the entire building frontage.
j.   For a primary building frontage of a commercial use, a minimum of 60 percent of the area between the height of two feet and ten feet above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four feet. For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of ten feet.
k.   For any new installation or replacement of upper story windows, the new/replacement windows must be clear/non-tinted glass.
l.   At least 25% of the second and third floor building frontages (as measured from floor to ceiling) must be window glass. This requirement may be waived if historic documentation (e.g. historic photos) from when the building was first constructed can be provided that shows a different percentage of window glass was used on the second and third floor building frontages. In such cases, the historic percentage must be maintained.
m.   All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
n.   Backlit awnings are not permitted.
Landscaping and Screening
o.   The front yard shall be planted with live vegetation and a shade tree(s) (in addition to any street tree requirements), except for paved areas expressly designed for vehicular and pedestrian use. The minimum number of shade trees required is determined by the formula of one tree per 30 lineal feet, or fraction thereof, of frontage.
p.   At the time of planting a new shade tree shall have a minimum two inch caliper trunk and new shrubs for screening shall have a minimum height of 24 inches, and be maintained at that height or greater.
q.   For all street tree planting beds, a minimum exposed space of 60 square feet shall be provided and edged in limestone curbing.
r.    All such landscape plantings and features shall be properly maintained, weeded, and watered, and any loss of plant materials shall be replaced in keeping with the approved landscape plan, or within minor modification to the landscape plan according to City Staff approval. The installation and operation of an irrigation system may be required for any planting area. In such cases, the irrigation system must remain operable.
s.   The use of landscape features such as pedestrian furniture, decorative railings, tree guards, trash receptacles, bollards and similar such accessories shall reference the Main Street Design Guidelines.
t.   A fence shall be provided along a lot line that borders a residentially zoned or used property at a height of 8 feet, as per the requirements in Section 1264.05.
u.   A surface parking lot or vehicular circulation area shall be screened from all abutting public streets with a minimum 4-foot solid masonry or stone wall; or a minimum 4-foot decorative metal tube or solid metal bar fence (excluding chain link, wire mesh or other similar material), with a minimum 3-foot wide landscaped area along the parking lot side of the fence.
v.   Landscaping is needed for surface parking lots in order to further screen parking from the view of public rights-of-way, provide mitigation for stormwater through reducing, slowing and cooling runoff, and to create visual relief from large pavement areas. This landscaping might be in well-designed border plantings that frame the lot or within landscape beds large enough to sustain successful plant growth.
w.   Dumpsters shall be located behind the principal building and be screened from public view on all 4 sides, to the height of the dumpster.
x.   Ground-mounted mechanical equipment shall be located behind the principal building and be screened from public view to the height of the equipment.
Lighting
y.   The height of any parking lot light pole/fixture shall not exceed 18 feet above grade.
z.   When located within 25 feet of a residential district the height of a light fixture shall not exceed 14 feet above grade.
aa.   All lighting must use cut-off type fixtures, to limit glare, and avoid directing light onto neighboring property, streets, or toward the night sky.
Parking and circulation
bb.   Parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. This standard does not apply to existing buildings unless they are expanded by fifty (50) percent or more in gross floor area.
cc.   Additional curb cuts are not permitted.
 
(Ord. 29-16. Passed 11-15-16; Ord. 04-24. Passed 3-26-24.)

1254.12 LIVINGSTON AVENUE DISTRICT (LA) DESIGN STANDARDS.

   The purpose of the Livingston Avenue District (LA) Design Standards is to apply standards designed for the Livingston Avenue corridor overlay district, the purpose of which is to facilitate the implementation of plans and vision for the City's mixed-use area on Livingston Avenue. The design standards are intended to establish, reinforce, enhance and unify the character and pedestrian-oriented amenities and development patterns of mixed-use commercial corridors; implement appropriate building standards that accommodate redevelopment and establish continuity and consistency along the corridors; and promote development that features pedestrian amenities, landscaping, facade transparency, rear parking lots, quality architecture, and appropriately scaled lighting.
   The Livingston Avenue District Design Standards outlined in Section 1254.12, supersede design standards for all areas contained in the Livingston Avenue District overlay, regardless of underlying zoning district.
CATEGORY
DESIGN STANDARDS
CATEGORY
DESIGN STANDARDS
Applicability
a.   The placement, construction, or reconstruction of a principal building is subject to all standards and requirements of the Commercial Services (CS) Design Standards and the standards enumerated in the 2022 Joint Livingston Avenue Plan, except as applied to routine maintenance and in-kind replacement of materials. Facade renovations or exterior renovations are not considered reconstruction of a principal building.
b.   The expansion of a building's gross floor area by more than 50 percent is subject to all the provisions herein.
c.   The extension or expansion of a building towards a public street is subject to all the applicable provisions herein.
d.   Exterior alteration of a primary building frontage is subject to applicable provisions of Section 1254.12 below. For purposes of this requirement, the placement of window shutters, fabric canopies and awnings and/or building-mounted signage is not considered to be exterior alteration.
e.    The construction or installation of a new parking lot, graphic, exterior lighting, fence, or other accessory structure is subject to all the applicable provisions herein. Design standards do not apply to the re-striping or reconfiguration of existing parking lots.
Buildings
f.   A principal building shall be oriented to address and be nearly parallel to a primary street. Nearly parallel means within 15 degrees of being parallel.
g.   The width of a principal building along a primary building frontage shall be a minimum of sixty (60) percent of the lot width.
h.   A primary building frontage shall incorporate a primary entrance door
i.   A building frontage that exceeds a width of 50 feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of 15 feet to 35 feet along the entire building frontage
j.   For a primary building frontage of a commercial use, a minimum of 40 percent of the area between the height of two feet and ten feet above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four feet. For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of ten feet.
k.   Any drive-thru, pickup window, or canopy shall be attached to the principal building and be located behind or to the side of the building.
l.   All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
Landscaping and screening
m.   A minimum 8-foot front yard landscape area shall be established, as measured from the north right-of-way line of Livingston Avenue. The front yard shall be planted with live vegetation and a shade tree(s) (in addition to any street tree requirements), except for paved areas expressly designed for vehicular and pedestrian use. The minimum number of shade trees required is determined by the formula of one tree per 30 lineal feet, or fraction thereof, of frontage.
n.   At the time of planting a new shade tree shall have a minimum two-inch caliper trunk and new shrubs for screening shall have a minimum height of 24-inches, and be maintained at that height or greater.
o.   All such landscape plantings and features shall be properly maintained, weeded, and watered, and any loss of plant materials shall be replaced in keeping with the approved landscape plan, or within minor modification to the landscape plan according to City Staff approval. The installation and operation of an irrigation system may be required for any planting area. In such cases, the irrigation system must remain operable.
p.   The use of landscape features such as pedestrian furniture, decorative railings, tree guards, trash receptacles, bollards and similar such accessories shall reference the Joint Livingston Avenue Plan.
q.   A fence shall be provided along a lot line that borders a residentially zoned or used property at a height of 8 feet, as per the requirements in Section 1264.05.
r.   A surface parking lot or vehicular circulation area shall be screened from all abutting public streets with a wall or fence (excluding chain link, wire mesh or other similar material), or a continuous row of shrubs to a minimum height of 36 inches (24 inches at time of planting) and a maximum height of five feet. Screening shall be maintained to provide opacity of not less than 75 percent when in leaf.
s.   Dumpsters shall be located behind the principal building and be screened from public view on all 4 sides, to the height of the dumpster.
t.   Ground-mounted mechanical equipment shall be located behind the principal building and be screened from public view to the height of the equipment.
Lighting
u.   The height of any parking lot light pole/fixture shall not exceed 18 feet above grade.
v.   When located within 25 feet of a residential district the height of a light fixture shall not exceed 14 feet above grade.
Parking and circulation
w.   Parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. This standard does not apply to existing buildings unless they are expanded by fifty (50) percent or more in gross floor area.
Applicability
a.   The placement, construction, or reconstruction of a principal building and/or the alteration of its site, is subject to all standards and requirements of the Livingston Avenue (LA) Design Standard.
b.   The extension or expansion of a building towards a public street is subject to all the applicable provisions herein.
c.   Exterior alteration of a primary building frontage is subject to applicable provisions of Section 1254.12 below.
d.   The construction or installation of a new parking lot, graphic, exterior lighting, fencing, landscaping, or other accessory structure is subject to all the applicable provisions herein.
Buildings
e.   A principal building shall be oriented to address and be nearly parallel to a primary street. Nearly parallel means within 15 degrees of being parallel.
f.   The minimum building setback along public rights-of-way is eighteen (18) feet from the curb. The maximum building setback is thirty (30) feet from the curb, except where a Public-Private Setback Zone is provided. Where a Public-Private Setback Zone is provided, a maximum setback of forty (40) feet from the curb is permitted for up to 50% of the building frontage, provided that a major portion of such setback shall be used to create outdoor pedestrian spaces and landscape features.
g.   The width of a principal building along a primary building frontage shall be a minimum of eighty (80) percent of the lot width. For those properties with a conditional use for a drive-thru, BZAP may permit the drive-thru width to count toward this minimum primary building frontage requirement as a condition of the use.
h.   A principal building shall have its main front door facing and directly accessed from Livingston Avenue. This can include placement of the door at the corner of the building frontage and angled to address both Livingston Avenue and the side street or an adjacent area of the site.
i.   A principal building shall have four-sided architecture utilizing consistent design and materials on each side.
j.   A building frontage that exceeds a width of 50 feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of 15 feet to 35 feet along the entire building frontage. The use of windows and design features shall be used to break up large expanses of building walls on all exposed sides of a building.
k.   For a primary building frontage of a commercial use, a minimum of 60 percent of the area between the height of two feet and ten feet above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four feet. For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of ten feet.
l.   For any new installation or replacement of upper story windows, the new/replacement windows must be clear/non-tinted glass.
m.   At least 30% of the second and third floor building frontages (as measured from floor to ceiling) must be window glass. This requirement may be waived if historic documentation (e.g. historic photos) from when the building was first constructed can be provided that shows a different percentage of window glass was used on the second and third floor building frontages. In such cases, the historic percentage must be maintained.
n.   All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
o.   No outdoor vending machines shall be located as to be visible from Livingston Avenue or any side street.
p.   Backlit awnings are not permitted.
Pedestrian
realm,
landscaping
and screening
q.   Sidewalks are required along all public streets. Sidewalks shall be clear of obstructions and align with adjacent sidewalks.
r.   The recommended minimum width of public sidewalks on Livingston Avenue is twelve feet (12'), however protrusions into the public right-of-way and sidewalks for outdoor pedestrian seating and other landscape features are encouraged, provided that a minimum clear sidewalk width of eight feet (8') is maintained.
s.   Landscape plantings, features, and pedestrian amenities shall be developed to create and accent pedestrian areas, and to soften the use of hardscape within the pedestrian zone.
t.   Street trees shall be required along all street frontages. The minimum number of shade trees required is determined by the formula of one tree per 30 lineal feet, or fraction thereof, of frontage.
u.   At the time of planting a new shade tree shall have a minimum 2.5 inch caliper trunk and new shrubs for screening shall have a minimum height of 24 inches, and be maintained at that height or greater.
v.   In areas without a grass tree lawn, a 2' accent strip shall be installed adjacent to the curb line.
w.   For all street tree planting beds, a 6' wide tree well with a minimum exposed space of 60 square feet shall be provided and edged in limestone curbing.
x.   Landscape plantings shall be developed to break up expanses of pavement within off-street parking areas.
y.   All such landscape plantings and features shall be properly maintained, weeded, and watered, and any loss of plant materials shall be replaced in keeping with the approved landscape plan, or within minor modification to the landscape plan according to City Staff approval. The installation and operation of an irrigation system may be required for any planting area. In such cases, the irrigation system must remain operable.
z.   The use of landscape features such as pedestrian furniture, decorative railings, tree guards, trash receptacles, bollards and similar such accessories shall reference the Joint Livingston Avenue Plan.
aa.   A fence shall be provided along a lot line that borders a residentially zoned or used property at a height of 8 feet, as per the requirements in Section 1264.05.
bb.   A surface parking lot or vehicular circulation area shall be screened from all abutting public streets with a minimum 4-foot solid masonry or stone wall; or a minimum 4-foot decorative metal tube or solid metal bar fence (excluding chain link, wire mesh or other similar material), with a minimum 3-foot wide landscaped area along the parking lot side of the fence.
cc.   Landscaping is needed for surface parking lots in order to further screen parking from the view of public rights-of-way, provide mitigation for stormwater through reducing, slowing and cooling runoff, and to create visual relief from large pavement areas. This landscaping might be in well- designed border plantings that frame the lot or within landscape beds large enough to sustain successful plant growth.
dd.   Dumpsters shall be located behind the principal building and be screened from public view on all 4 sides, to the height of the dumpster.
ee.   Ground-mounted mechanical equipment shall be located behind the principal building and be screened from public view. Materials and design for ground-mounted screening shall be a masonry wall one foot taller than the utility/mechanical unit it screens and be compatible with the building materials and architectural design.
Lighting
ff.   The height of any parking lot light pole/fixture shall not exceed 18 feet above grade.
gg.   When located within 25 feet of a residential district the height of a light fixture shall not exceed 14 feet above grade.
hh.   All lighting must use cut-off type fixtures, to limit glare, and avoid directing light onto neighboring property, streets, or toward the night sky.
Parking and circulation
ii.   Paved areas for vehicular use, including parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. This standard does not apply to existing buildings unless they are expanded by fifty (50) percent or more in gross floor area.
jj.   Additional curb cuts are not permitted.
kk.   The maximum number of off-street parking spaces shall be one stall per 200 square feet of net floor area (5 per 1000), except for institutional uses.
ll.   Minimum parking ratios are as established below:
   Land Use
   Required Spaces (per 1,000 sq. ft.)
Destination Retail (10,000 sf+/-)
4.0
Entertainment & Restaurants
4.0
Food Market
4.0
Other Retail
3.0
Office - ground floor
2.5
Office - upper floors
2.0
Housing
1.0 per unit
mm.   Every on-street parking space along the frontage of the property shall count as half a space toward the minimum required parking. This total will be rounded down to the nearest whole number.
nn.   The provision of rear alley access will reduce the minimum required parking by two spaces.
oo.   For parcels without rear alley access, the minimum required parking will be reduced by two spaces for each rear cross-access agreement, up to a maximum of four spaces (one cross-access easement to each side adjoining property).
pp.   Shared parking agreements are allowed subject to the following standards:
   1.   A reciprocal written agreement has been executed by all the parties concerned that assures the joint use of such common parking, a copy of which has been submitted to and is acceptable to the Commission.
   2.   The BZAP may require the applicant to provide a parking study with all information deemed necessary to its decision-making on a shared parking arrangement.
   3.   Parking spaces to be shared must not be reserved for individuals or groups.
   4.   Uses sharing a parking facility do not need to be contained on the same lot, but each use shall be a maximum of 500 feet from the closest parking space in the lot providing the shared spaces. A waiver of the maximum allowable distance between the use and associated shared parking may be approved by the BZAP with written justification and supporting information provided by the applicant.
   5.   Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well-marked pedestrian crossings, signage, and adequate lighting.
   6.   Up to 30% of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.
   7.   Up to 75% of the parking spaces required predominantly evening uses may be shared with predominantly daytime uses.
   8.   Up to 75% of the parking spaces required for uses exclusively in operation during the weekend may be shared with uses predominantly in operation on weekdays.
qq.   Bicycle parking shall be provided at the ratios as follows: A minimum of two bicycle spaces shall be provided for uses with over 10 vehicle parking spaces. Additional spaces shall be provided at a rate of one bicycle parking space per additional 10 vehicle parking spaces up to a maximum of 12 bicycle parking spaces.
 
 
(Ord. 04-24. Passed 3-26-24.)

1254.13 MAIN STREET DISTRICT (MS) DESIGN STANDARDS.

   The purpose of the Main Street District (MS) Design Standards is to apply standards designed for the Main Street corridor overlay district, the purpose of which is to facilitate the implementation of plans and vision for the City's main commercial area on Main Street. The design standards are intended to establish, reinforce, enhance and unify the character and pedestrian-oriented amenities and development patterns of mixed-use commercial corridors; implement appropriate building standards that accommodate redevelopment and establish continuity and consistency along the corridors; and promote development that features pedestrian amenities, landscaping, façade transparency, rear parking lots, quality architecture, and appropriately scaled lighting.
   The Main Street District Design Standards outlined in Chapter 1254.13, supersede design standards for all areas contained in the Main Street District overlay, regardless of underlying zoning district.
CATEGORY
DESIGN STANDARDS
CATEGORY
DESIGN STANDARDS
Applicability
a.   The placement, construction, or reconstruction of a principal building and/or the alteration of its site, is subject to all standards and requirements of the Main Street (MS) Design Standard.
b.   The extension or expansion of a building towards a public street is subject to all the applicable provisions herein.
c.   Exterior alteration of a primary building frontage is subject to applicable provisions of Section 1254.13 below.
d.   The construction or installation of a new parking lot, graphic, exterior lighting, fencing, landscaping, or other accessory structure is subject to all the applicable provisions herein.
Buildings
e.   A principal building shall be oriented to address and be nearly parallel to a primary street. Nearly parallel means within 15 degrees of being parallel.
f.   The minimum building setback along public rights-of-way is zero (0) feet and the maximum building setback is ten (10) feet, except where a Public-Private Setback Zone is provided. Where a Public-Private Setback Zone is provided, a maximum setback of twenty (20) feet is permitted for up to 50% of the building frontage, provided that a major portion of such setback shall be used to create outdoor pedestrian spaces and landscape features.
g.   The width of a principal building along a primary building frontage shall be a minimum of eighty (80) percent of the lot width.
h.   A principal building shall have its main front door facing and directly accessed from Main Street.
i.   A principal building shall have four-sided architecture utilizing consistent design and materials on each side.
j.   A building frontage that exceeds a width of 50 feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of 15 feet to 35 feet along the entire building frontage. The use of windows and design features shall be used to break up large expanses of building walls on all exposed sides of a building.
k.   For a primary building frontage of a commercial use, a minimum of 60 percent of the area between the height of two feet and ten feet above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least four feet. For the secondary building frontage, the pattern of window glass shall continue from the primary building frontage a minimum distance of ten feet.
l.   For any new installation or replacement of upper story windows, the new/replacement windows must be clear/non-tinted glass.
m.   At least 30% of the second and third floor building frontages (as measured from floor to ceiling) must be window glass. This requirement may be waived if historic documentation (e.g. historic photos) from when the building was first constructed can be provided that shows a different percentage of window glass was used on the second and third floor building frontages. In such cases, the historic percentage must be maintained.
n.   All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
o.   No outdoor vending machines shall be located as to be visible from Main Street or any side street.
p.   Backlit awnings are not permitted.
Pedestrian realm, landscaping and screening
q.   Sidewalks are required along all public streets. Sidewalks shall be clear of obstructions and align with adjacent sidewalks
r.   The recommended minimum width of public sidewalks on Main Street is eight feet (8'), however protrusions into the public right-of-way and sidewalks for outdoor pedestrian seating and other landscape features are encouraged, provided that a minimum clear sidewalk width of six feet (6') is maintained.
s.   Landscape plantings, features, and pedestrian amenities shall be developed to create and accent pedestrian areas, and to soften the use of hardscape within the pedestrian zone.
t.   Street trees shall be required along all street frontages. The minimum number of shade trees required is determined by the formula of one tree per 30 lineal feet, or fraction thereof, of frontage.
u.   At the time of planting a new shade tree shall have a minimum 2.5 inch caliper trunk and new shrubs for screening shall have a minimum height of 24 inches, and be maintained at that height or greater.
v.   In areas without a grass tree lawn, a 2' brick accent strip shall be installed adjacent to the curb line.
w.   For all street tree planting beds, a minimum exposed space of 60 square feet shall be provided and edged in limestone curbing.
x.   Landscape plantings shall be developed to break up expanses of pavement within off-street parking areas.
y.   All such landscape plantings and features shall be properly maintained, weeded, and watered, and any loss of plant materials shall be replaced in keeping with the approved landscape plan, or within minor modification to the landscape plan according to City Staff approval. The installation and operation of an irrigation system may be required for any planting area. In such cases, the irrigation system must remain operable.
z.   The use of landscape features such as pedestrian furniture, decorative railings, tree guards, trash receptacles, bollards and similar such accessories shall reference the Main Street Design Guidelines.
aa.   A fence shall be provided along a lot line that borders a residentially zoned or used property at a height of 8 feet, as per the requirements in Section 1264.05.
bb.   A surface parking lot or vehicular circulation area shall be screened from all abutting public streets with a minimum 4-foot solid masonry or stone wall; or a minimum 4-foot decorative metal tube or solid metal bar fence (excluding chain link, wire mesh or other similar material), with a minimum 3-foot wide landscaped area along the parking lot side of the fence
cc.   Landscaping is needed for surface parking lots in order to further screen parking from the view of public rights-of-way, provide mitigation for stormwater through reducing, slowing and cooling runoff, and to create visual relief from large pavement areas. This landscaping might be in well-designed border plantings that frame the lot or within landscape beds large enough to sustain successful plant growth.
dd.   Dumpsters shall be located behind the principal building and be screened from public view on all 4 sides, to the height of the dumpster.
ee.   Ground-mounted mechanical equipment shall be located behind the principal building and be screened from public view. Materials and design for ground-mounted screening shall be a masonry wall one foot taller than the utility/mechanical unit it screens and be compatible with the building materials and architectural design.
Lighting
ff.   The height of any parking lot light pole/fixture shall not exceed 18 feet above grade.
gg.   When located within 25 feet of a residential district the height of a light fixture shall not exceed 14 feet above grade.
hh.   All lighting must use cut-off type fixtures, to limit glare, and avoid directing light onto neighboring property, streets, or toward the night sky.
Parking and circulation
ii.   Paved areas for vehicular use, including parking, stacking and circulation aisles are not permitted between the principal building and a street right-of-way line. This standard does not apply to existing buildings unless they are expanded by fifty (50) percent or more in gross floor area.
jj.   Additional curb cuts are not permitted.
kk.   The maximum number of off-street parking spaces shall be one stall per 200 square feet of net floor area (5 per 1000), except for institutional uses.
ll.   Minimum parking ratios are as established below:
Land Use
Required Spaces (per 1,000 square feet)Preserved Building (per 1,000 square feet)
Destination Retail (10,000 sf +/-)
42.5
Entertainment & Restaurants
43.5
Food Market
43.5
Other Retail
31.5
Office
2.51.5
Housing
1.5 per unit1 per unit
Upper Floors (housing/office)
1.5 per unit/2 per 1,000 sf1.0 per unit/1.5 per 1,000 sf
Parking and circulation (cont.)
mm.   Every on-street parking space along the frontage of the property shall count as half a space toward the minimum required parking. This total will be rounded down to the nearest whole number.
nn.   The provision of rear alley access will reduce the minimum required parking by two spaces.
oo.   For parcels without rear alley access, the minimum required parking will be reduced by two spaces for each rear cross-access agreement, up to a maximum of four spaces (one cross-access easement to each side adjoining property).
pp.   Shared parking agreements are allowed subject to the following standards:
1.   A reciprocal written agreement has been executed by all the parties concerned that assures the joint use of such common parking, a copy of which has been submitted to and is acceptable to the Commission.
2.   The BZAP may require the applicant to provide a parking study with all information deemed necessary to its decision-making on a shared parking arrangement.
3.   Parking spaces to be shared must not be reserved for individuals or groups.
4.   Uses sharing a parking facility do not need to be contained on the same lot, but each use shall be a maximum of 500 feet from the closest parking space in the lot providing the shared spaces. A waiver of the maximum allowable distance between the use and associated shared parking may be approved by the BZAP with written justification and supporting information provided by the applicant.
5.   Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well-marked pedestrian crossings, signage, and adequate lighting.
6.   Up to 30% of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.
7.   Up to 75% of the parking spaces required predominantly evening uses may be shared with predominantly daytime uses.
8.   Up to 75% of the parking spaces required for uses exclusively in operation during the weekend may be shared with uses predominantly in operation on weekdays.
qq.   Bicycle parking shall be provided at the ratios as follows: A minimum of two bicycle spaces shall be provided for uses with over 10 vehicle parking spaces. Additional spaces shall be provided at a rate of one bicycle parking space per additional 10 vehicle parking spaces up to a maximum of 12 bicycle parking spaces.
 
(Ord. 29-16. Passed 11-15-16; Ord. 04-24. Passed 3-26-24.)

1254.14 MAIN STREET DISTRICT SPECIAL PERMITS.

   Special permits to allow the maximum height of a structure as provided in Section 1254.10 of up to 5 stories or up to 7 stories west of Sheridan Avenue and south of Main Street, may be granted based upon any of the following considerations:
   (a)   The extent to which the proposed property and site design conform to the intent of the Main Street Design Guidelines.
   (b)   The extent to which the proposed development represents exceptional architectural and site design.
   (c)   The extent to which the design helps to mitigate a substantial impact upon adjacent single family residential uses.
   (d)   Compatibility of architecture and site design to the surrounding uses and structures.
   (e)   The extent to which the development creates meaningful pedestrian and public amenity spaces.
   (f)   The extent to which the development provides public parking.
(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20.)

1254.15 SIDE YARDS IN COMMERCIAL AREAS.

   For every building in any commercial district, there shall be a side yard along one side of such building of sufficient width to permit fire-fighting equipment to reach the rear yard, and the same shall be kept clear for the passage of use of such equipment for a width of not less than eight feet. However, if the rear yard abuts on a public alley or street, only the standard district regulation for side yards need apply. Wherever a lot in a commercial district is adjacent on its side to a lot in a residential or open space district, the lot in the commercial district shall be required to provide a side yard of not less than eight feet.
(Ord. 29-16. Passed 11-15-16.)

1254.16 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.

   In all districts established in this Chapter 1254, more than one structure containing a principal use may be erected on a single lot, provided that yard and other requirements of this Zoning Code shall be met for each structure as though it were on an individual lot except as allowed in MUC Districts.
(Ord. 29-16. Passed 11-15-16.)

1254.17 ACCESSORY USES AND STRUCTURES IN COMMERCIAL AND INSTITUTIONAL DISTRICTS.

   An accessory use or structure shall be permitted in association with a principal use or structure in districts established in this Chapter 1254, provided that the following requirements are met:
   (a)   It shall be thirty-five percent (35%) or less of the building footprint of the principal use or structure.
   (b)   It shall not contain or be used as a dwelling unit.
   (c)   Accessory structures and uses shall be permitted only in the rear yard and shall be at least three feet from all property and right-of-way lines, provided that ample yard space is left open for the entrance and use of fire protection equipment.
      (Ord. 29-16. Passed 11-15-16.)

1254.18 DEVELOPMENT WITHIN A COMMON COMMERCIAL FACILITY.

   In the instance of a proposed development within a common commercial facility, the following shall be subject to the review and approval of the BZAP: alterations to the building envelope; alterations to the parking configuration; alterations to the pedestrian walkway. In its review, BZAP shall determine whether such expansion will negatively impact: pedestrian or traffic safety; parking and accessibility; visibility to and/or from an adjacent use. The BZAP shall determine whether sufficient mitigation of such issues can be achieved for approval of the proposed changes.
(Ord. 30-19. Passed 11-12-19.)

ZONING DISTRICT

(Ord. 29-16. Passed 11-15-16; Ord. 08-20. Passed 7-14-20; Ord. 04-24. Passed 3-26-24.)