Davis City Zoning Code
ARTICLE 40
14 SUPPLEMENTAL TO DOWNTOWN ZONES
§ 40.14.010 Purpose and applicability.
This article sets forth the standards for the development of each building type, frontage type, civic space type, and sign type within downtown zones. These standards supplement the standards for each zone in which the building, frontage, civic space, and sign types are allowed. These standards are intended to ensure development that establishes and/or reinforces the highly-valued character and scale of Davis' walkable urban center, neighborhoods, and corridors.
(Ord. 2637, 1/17/2023)
§ 40.14.020 Site standards.
(a)
Purpose. The provisions of this section are intended to ensure the development of property within downtown zones accomplishes the following:
(1)
Makes a positive contribution to the development pattern of the area;
(2)
Ensures that new or altered structures are compatible with the design and use of existing structures on neighboring properties;
(3)
Respects the existing conditions and safety of neighboring properties; and
(4)
Does not adversely affect neighboring properties, with "adversely affect" meaning to impact in a substantial, negative manner the habitability or enjoyability of these properties.
(b)
Allowable Exceptions in Downtown Zones. The exceptions listed in Table 40.14.020.A (Downtown Zone Exceptions) shall be allowed without additional discretionary review if the requested exception meets the required findings.
Table 40.14.020.A: Downtown Zone Exceptions | ||
|---|---|---|
Types of Exceptions Allowed | Required Findings | Exception |
Building Site | ||
Building Site Dimensions. A decrease in the minimum required or maximum allowed depth or width. | The exception accommodates an existing feature such as a tree, or utility. An existing or new building site can be developed following the intent of the zone and meet all other applicable standards for the zone. | Up to 10% |
Building Setbacks | ||
Front, Side Street, Side or Rear. An increase or decrease of the minimum to maximum required setback areas for main structures. | The exception accommodates an existing feature such as a tree, or utility. The proposed development is visually compatible with the adjacent development and intent of the zone. | Up to 5' or 40% which ever is greater. |
Facade within Facade Zone. A reduction of the amount of facade required within the facade zone. | The exception accommodates an existing feature such as a tree, or utility. The proposed development is visually compatible with the adjacent development and intent of the zone. | Up to 30% for up to half of the facade's length. |
Building Footprint | ||
Size of Main Body or Wing(s). An increase in the allowed size. | The exception accommodates an existing feature such as a tree, or utility. The proposed development is visually compatible with the adjacent development and intent of the zone. | Up to 20% |
Parking Location1 | ||
Front Setback. A reduction in the parking setback. | The exception accommodates an existing feature such as a tree, or utility. Parking shall not be visible from the front property line. The ground floor space shall remain habitable. | Up to 20% |
Note: | |
1 | Frontage requirement still apply. |
(Ord. 2637, 1/17/2023)
§ 40.14.030 Screening.
(a)
Purpose. This section prescribes standards for screening, fences, and walls for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment of the neighborhood.
(b)
Design Standards for Screening. Screening shall comply with the following:
(1)
Zone Height Maximums. Screening shall not exceed the maximums identified in Section 40.14.090(f) through Section 40.14.120(f), titled "Encroachments" of the applicable zone.
(2)
Screening Height Measurement. Screening height shall be measured as the vertical distance between the finished grade at the base of the screen and the top edge of the screen material.
(c)
Reduction of Required Screening or Screening Design Standards. The director may completely or partially waive required screening and associated standards in cases where the director deems the relief necessary to maintain or enhance the architectural character of the surrounding neighborhood.
(d)
Additional Screening Requiring Administrative Permit. The following screening types shall comply with the specified requirements and shall require director approval prior to issuance of a building or landscape permit, as applicable.
(1)
Courtyard. Fences, walls and other screening installed to create a courtyard without a roof shall be a maximum of five feet in height and be set back a minimum of ten feet from the front property line or back of sidewalk, whichever is the least. In reviewing the plan for the proposed courtyard, the director shall consider, but not be limited to, the following:
(A)
Building characteristics including the dimensions, color and architectural design;
(B)
Compatibility of the architectural and design features of the proposed courtyard with the features of the adjoining, as well as neighboring buildings; and
(C)
Landscaping, including the effort to minimize removal of existing vegetation and to match replacements with vegetation of the site.
(e)
Screening on Retaining Walls. The total height of screens and the retaining walls that they are mounted on or attached to is six feet. However, the director may approve higher screening if it is determined that there will be little or no impact on the adjoining properties or the surrounding neighborhood and the height is necessary to achieve the objectives of this section or is required for health and safety.
(f)
Mechanical Equipment Screening.
(1)
Mechanical equipment exempt from screening:
(A)
Freestanding or roof-mounted solar equipment; and
(B)
Vents less than four feet in height may be exempt from the requirements in Section 40.14.030(e) (Screening on Retaining Walls), subject to director review.
(2)
For all new installation or relocation of existing mechanical equipment, the equipment shall be screened.
(A)
Roof-Mounted Equipment. Building parapets or other architectural elements in the building's architecture style shall screen roof-mounted equipment.
(i)
New buildings shall be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building; and
(ii)
For existing buildings with no or low parapet heights, mechanical equipment shall be surrounded on all sides by an opaque screen wall as tall as the highest point of the equipment. The wall shall be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. All new roof screens are subject to administrative review and may be referred to the planning commission, as determined by the director.
(B)
Wall- and Ground-Mounted Equipment.
(i)
Shall not be located between the face of the building and the street;
(ii)
All screen devices shall be as high as the highest point of the equipment being screened. Equipment and screening shall be in compliance with the setbacks of the zone;
(iii)
Screening shall be architecturally compatible and include matching paint, finish and trim cap of the building; and
(iv)
All new mechanical screens for ground or wall-mounted equipment are subject to director review.
(g)
Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured. All temporary fencing shall:
(1)
Consist of chain link fencing or other materials as approved by the director;
(2)
Not exceed six feet in height;
(3)
Be removed at the conclusion of the special event or completion of construction activities (i.e., final inspection) for which it was approved; and
(4)
All approved fencing for construction sites shall not be installed until a building permit or grading permit has been issued and shall be removed prior to final inspection. The use of temporary fencing around occupied structures that can be secured by other means is prohibited. The use of temporary fencing around vacant land or vacant structures is subject to the terms and conditions specified in an administrative permit authorizing this fencing.
(h)
Barbed Wire, Razor Wire, and Chain Link. Barbed wire, razor wire, and chain link screening is not allowed.
(i)
Safety. Fences, walls, other screening and landscaping, whether provided in accordance with the provisions of this section or provided in addition to those provisions, are subject to review by the traffic engineer in the following areas:
(Ord. 2637, 1/17/2023)
§ 40.14.040 Landscaping.
(a)
Purpose. This section prescribes landscaping standards for protection and enhancement of the environmental and visual quality of the community, enhancement of privacy, and the control of dust.
(b)
Required Landscaping. The landscaping required by this section shall be installed as part of the project or improvement requiring the landscaping. Requirements for landscaping in parking and loading areas shall be considered with Section 40.14.050 (Parking and loading).
(c)
Landscape Plan Requirement. Landscaping plans are required for development in all zones. A landscape design plan shall be submitted for projects requiring a landscape permit, plan check or site development plan review.
(d)
Design Standards.
(1)
Acceptable required landscaping materials are defined as follows:
(A)
Shrubs, of one-gallon size or larger;
(B)
Street trees, of fifteen-gallon size or larger, and double staked;
(C)
Ground cover; and
(D)
Decorative nonliving landscaping materials such as sand, stone, gravel, wood or water may be used to satisfy a maximum of twenty-five percent of required landscaping area when approved by the director.
(2)
Species Selection. Native and drought tolerant species are encouraged to increase native plants and pollinator species.
(3)
Separation. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area.
(4)
Existing Vegetation. Every effort shall be made to incorporate mature on-site trees into the required landscaping, subject to approval by the director.
(5)
Maintenance. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the appropriate watering of all plantings.
(Ord. 2637, 1/17/2023)
§ 40.14.050 Parking and loading.
(a)
Purpose. This section prescribes standards for and limits on the development of motor vehicle and bicycle parking, loading and access drives; and standards for reducing motor vehicle trips per capita to and from development. These standards are intended to ensure that development of property within downtown zones accomplishes the following:
(1)
Establishes and/or reinforces the character and scale of Downtown Davis as a walkable, urban neighborhood environment, where development supports and is within a short walking distance of retail and services;
(2)
Ensures the provision of appropriately designed bicycle parking, in order to increase bicycle trips and reduce motor vehicle trips per capita;
(3)
Appropriately limits, screens and landscapes motor vehicle parking, in order to reduce motor vehicle trips per capita, protect and enhance the environmental and visual quality of the community, enhance privacy, attenuate noise, and control dust; and
(4)
Reduces motor vehicle trips per capita to and from development.
(b)
On-site parking is allowed in all zones subject to the standards set forth in this section.
(c)
General Parking Standards.
(1)
On-Site Parking. Sharing of motor vehicle parking between different land uses and developments is allowed. Standards set forth elsewhere in the Municipal Code which limit or restrict the sharing of parking between different land uses and developments shall not apply to development in downtown zones.
(2)
Sharing of Nonresidential Parking Required. If on-site parking spaces for nonresidential uses are provided, such spaces shall be made available for use by the general public during at least one of the following time periods:
(3)
Larger Vehicle Parking. Trucks, tractors or tractor-trailers having a capacity of more than a one-and-one-half-ton load, front- and rear-end loaders, or any kind of commercial, industrial, agricultural or transportation vehicles/equipment used primarily for business purposes, shall not be parked or stored in the N-M, N-L, and MS-M zones for purposes other than immediate unloading, loading or delivery services.
Automobiles, small trucks, vans, vehicle trailers permitted in conjunction with an approved home occupation, and recreational vehicles, utilized for personal or business use, are excluded from the provisions of this subsection.
(4)
Storage of Unregistered or Inoperable Motor Vehicles. Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses, but without current plates or inoperable, shall be only parked within completely enclosed buildings.
(5)
Cargo or Freight Container. Portable cargo or freight storage containers in any zone for purposes of loading or unloading, may be parked or stored on-premises for a period not to exceed ten days in any one calendar year.
(6)
Commercial Auto Repairs. New businesses offering commercial repair service and/or restoration of vehicles are not allowed.
(d)
Number of Motor Vehicle Parking Spaces Allowed.
(1)
Allowed Spaces. The maximum number of parking spaces allowed is listed in DMC Sections 40.13.090 through 40.13.120, subsection E (Parking) of the applicable zone. For any use not listed in that section, parking shall not exceed a ratio equivalent to the average peak parking occupancy rate for the most comparable land use in the Institute of Transportation Engineers Parking Generation report. The community development department shall determine the most comparable land use.
(2)
Maximum Number of Parking Spaces in Downtown Zones. When calculating the maximum number of parking spaces, numbers shall be rounded to the closest whole number.
(3)
Exception In the Event of Changes of Use or Alterations to Existing Buildings or Structures. If an existing building or structure is altered or existing land uses are changed, the existing number of parking spaces on a property may be retained, even if the resulting building, structure or land use would ordinarily be subject to a lower maximum parking allowance.
(4)
No Minimum Requirement. There shall be no requirement for a minimum number of automobile parking spaces at any land use.
(e)
Electric Vehicle Charging. If parking is provided at a development, electric vehicle charging facilities shall be provided in compliance with the requirements of the City of Davis Electric Vehicle Charging Facilities Plan.
(f)
Traffic-Minimizing Parking Standards.
(1)
Carshare Parking Spaces.
(A)
If parking is provided at a development, carshare parking spaces shall be provided in the amounts specified in Table 40.14.050.A (Required Carshare Parking Spaces).
Table 40.14.050.A: Required Carshare Parking Spaces | |
|---|---|
Land Use | Carshare Parking Spaces Required |
Residential | |
0-49 units | None |
50-100 units | 1 |
101 or more units | 2 + 1 per additional 200 units |
Office/Research & Development | |
< 10,000 sf | None |
> 10,000 sf | 1/10,000 sf |
(B)
The required carshare spaces shall be made available, at no cost, to a carshare service for purposes of providing carshare services to its members. At the election of the property owner, the carshare spaces may be provided on the building site; or on another off-street site within eight hundred feet of the building site.
(C)
Required carshare space or spaces shall be designed in a manner that will make the spaces accessible to nonresident subscribers from outside the building as well as building residents.
(D)
Prior to city approval of the first building or site permit for a building subject to the carshare requirement, a notice of special restriction on the property shall be recorded indicating the nature of requirements of this section and identifying the minimum number and location of the required carshare parking spaces. The form of the notice and the location or locations of the carshare parking spaces shall be approved by the city.
(E)
If it is demonstrated to the satisfaction of the city that no carshare service can make use of the dedicated carshare parking spaces, the spaces may be occupied by non-carshare vehicles; provided, however, that upon ninety days of advance written notice to the property owner from a carshare service, the property owner shall terminate any non-carsharing leases for such spaces and shall make the spaces available to the carshare service for its use of such spaces.
(2)
Carpool Spaces. If parking is provided at a development, parking spaces reserved for use by carpool/vanpool vehicles shall be designated in preferred locations (such as closest to building entries). The locations of these spaces shall be approved by the city. The minimum number of carpool spaces required is listed in Table 40.14.050.B (Required Carpool Parking Spaces).
Table 40.14.050.B: Required Carpool Parking Spaces | |
|---|---|
Land Use | Carpool Parking Spaces Required |
Office/Research & Development | |
< 10 parking spaces | None |
> 10 parking spaces | 10% of the total number of spaces |
All other land uses | None |
(3)
Parking Costs Unbundled from the Cost of Other Goods and Services.
(A)
Residential Uses. All off-street parking spaces accessory to residential uses in structures of four dwellings or more shall be leased or sold separately from the rental or purchase fees for dwellings for the life of the dwellings, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwellings. Additionally the prices charged for unbundled parking to renters or buyers of onsite inclusionary affordable units shall be reduced proportionally to their affordable income level.
(B)
Exception. The director may grant an exception from this requirement for developments which include financing for affordable housing that requires that costs for parking and housing be bundled together.
(C)
Nonresidential Uses. All off-street parking spaces accessory to nonresidential uses shall be leased or sold separately from the rental or purchase fees for nonresidential building space for the life of the building, such that potential renters or buyers have the option of renting or buying building space at a price lower than would be the case if there were a single price for both the building space and the parking space.
(D)
Below-Cost Pricing Prohibited. Where parking is required to be leased or sold separately, below-cost pricing is prohibited. Minimum rates for parking spaces shall be set initially at not less than the equivalent of three hundred dollars per month per space for rented spaces and not less than fifty thousand dollars per space for sold spaces, except as required for renters or buyers of inclusionary units. Thereafter, the city may annually review and adjust these rates to achieve the goal of ensuring that parking spaces are not rented or sold at below-cost prices. The city may also approve daily and/or hourly rental rates equivalent to the minimum monthly rate.
(E)
Exception. Off-street parking spaces accessory to retail uses are not required to be leased or sold separately from retail space and may be offered to shoppers and other visitors free of charge for stays of up to two hours.
(4)
Parking Cash Out Required. Each employer who provides a parking subsidy to employees working within the Downtown Code boundaries shall offer a parking cash-out program. "Employee" means any person, including regular employees, contract employees and contractors, who regularly works within the Downtown Code boundaries. "Parking cash-out program" means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. "Parking subsidy" means the difference between the out-of-pocket amount paid by an employer on a regular basis to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space.
(g)
Parking Spaces, Building Site Design and Layout.
(1)
Access. The following standards are applicable to on-site parking lot access design:
(A)
All on-site parking facilities shall be designed with an appropriate means of vehicular access to a thoroughfare or to an alley to cause the least interference with traffic flow.
(B)
Parking spaces in any parking lot or parking structure shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare. Ingress to and egress from parking spaces shall be from an on-site aisle or driveway, except parking spaces within building sites may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane.
(C)
On-site loading space(s) is not required.
(2)
(3)
Identified as to Purpose and Location. On-site parking areas of four or more spaces shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features.
(4)
Materials.
(A)
All on-site parking areas and driveways shall be surfaced with materials as approved by the city engineer and maintained in compliance with the city standards.
(B)
The use of pervious or semi-pervious parking area surfacing materials, including, but not limited to, "grasscrete," or recycled materials such as glass, rubber, used asphalt, brick, block and concrete, is subject to approval by the director and city engineer. Where possible, such materials should be used in areas in proximity to and in combination with on-site stormwater control devices.
(5)
Landscaping, Fencing, and Screening. The landscaping, fencing and screening requirements identified in Table 40.14.050.C (Required Parking Lot Landscaping) shall be applied with the standards of Section 40.14.030 (Screening), Section 40.14.040 (Landscaping) and Article 40.42 (Water Efficient Landscaping).
Table 40.14.050.C: Required Parking Lot Landscaping | |
|---|---|
Number of Parking Spaces | Percent of Gross Parking Area Required to be Landscaped |
6 or fewer | 0%; 5' min. wide planter between every 5 spaces, property line, building(s). |
7 to 15 | 4%; 5' min. wide planter between every 5 spaces, property line, building(s). |
16 to 30 | 8%; 5' min. wide planter between every 5 spaces, property line, building(s). |
31 to 70 | 12%; 5' min. wide planter between every 5 spaces, property line, building(s). |
71 and over | 16%; 5' min. wide planter between every 5 spaces, property line, building(s). |
Required Shade Trees | |
Amount | 1 tree per 2,700 sf of gross site area acre, minus building coverage (footprint). |
Can size | 15 gallon. |
Caliper | 3/4" min. |
Height at installation | 6-8' min. |
Required shade | 50% of parking lot. See Section 40.25.100(f). |
Characteristics | High branching, broad headed, shading form. |
Location | Evenly spaced throughout the parking lot to provide uniform shade. |
Required border | 6" high curb or equivalent. |
Border and stormwater | Curbs shall provide breaks every 4" to provide drainage to retention and filtration areas. |
Tree well size1 | 5' min. in any direction. |
Car overhangs | Must be prevented by stops. |
Note: | |
1 | Any vehicle overhang requires the minimum planter area width to be expanded by an equivalent dimension. |
(A)
Parking and loading areas shall be screened from adjacent residential zones by a six-foot wall, fence, or evergreen, subject to approval by the director.
(B)
Screening is not required when parking area(s) is adjacent to an alley.
(C)
Landscaping areas shall accommodate stormwater management features to the extent feasible as determined by the city.
(D)
For the portion of a parking area over which photovoltaic solar collectors are installed where they also function as shade structures, the minimum requirement for trees shall be waived, and shrubs and ground covers shall be planted in compliance with Article 40.42 (Water Efficient Landscaping) for every eight parking spaces.
(6)
Location. Location of required on-site parking in all zones is regulated by setbacks set forth in Article 40.13 (Downtown Davis Zones) and the following:
(A)
Parking lots with twenty or fewer spaces shall have all on-site parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area;
(B)
Parking lots with more than twenty spaces shall have all on-site parking areas separated at least ten feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area; and
(C)
This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.
(7)
Size of Parking Lot. Parking lots larger than one-quarter of an acre in size, except for those located under a building, shall be broken down into smaller parking areas with planted landscape areas with a minimum width of fifteen feet between them to minimize the perceived scale of the total field of stalls.
(8)
Tandem Parking. Tandem parking is allowed in all zones for all uses.
(i)
Transit Passes for Employees and Residents—Free Transit for Employees and Residents. Developers shall be required to provide passes for local transit service to the development's employees and residents free of charge. This requirement may be satisfied by enrolling the development in a deep-discount group pass program. Each employee shall be provided with a transit pass, and a minimum of one transit pass per dwelling shall be provided.
(j)
ADA Compliance. The director may grant a variance to the parking lot design variables if it can be shown that the requirement limits the ability to comply with accessibility requirements.
(Ord. 2637, 1/17/2023)
§ 40.14.060 Live/work units.
(a)
Purpose. This section provides standards for the construction and operation of live/work units and for the reuse of existing buildings to accommodate live/work opportunities where allowed in the zone.
(b)
Permit Required. See Table 40.13.130 (Permitted/Conditional Uses) for permits required for live/work units.
(c)
Allowed Zones. Live/work is allowed in existing or new buildings as allowed by the zone.
(d)
Application Requirements. In addition to the information and materials required for an administrative use permit, the city may require an application for a live/work unit to include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I Environmental Assessment shows potential health risks, a Phase 2 Environmental Assessments shall be prepared and submitted to the department to determine if remediation may be required.
(e)
Limitation on Use. The nonresidential ("work") component of a live/work unit shall be a use allowed within the zone. A live/work unit shall not be established or used in conjunction with any of the following activities:
(1)
Adult-oriented businesses;
(2)
Vehicle maintenance or repair (such as body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc.);
(3)
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; and
(4)
Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
(f)
Occupancy Requirements. The residential ("live") component of a live/work unit shall be the principal residence of at least one individual employed in the business conducted within the live/work unit.
(g)
Operating Requirements.
(1)
Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.
(2)
Notice to Occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial and industrial properties in the applicable zone.
(3)
On-Premises Sales. On-premises sales of goods are limited to those produced within the live/work unit; provided, that retail sales activity shall be incidental to the primary production work within the unit. Open studio programs and gallery shows may be included as allowed by the zone.
(4)
Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is otherwise prohibited or limited by the administrative use permit. The employment of three or more persons who do not reside in the live/work unit may be allowed based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) and Uniform Fire Code (UFC) requirements.
(5)
Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the administrative use permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.
(h)
Changes in Use. A live/work unit shall not be converted to either entirely residential use or entirely business use unless approved by the city. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed.
(i)
Additional Standards.
(1)
Main Street Medium and Main Street Large Zones. In commercial live/work occupancies, the "work" component shall be located in the front or public portion of the building or unit in which the combined use is located.
(2)
Floor Area Requirements. The floor area of each unit's work space shall be at least thirty percent of the total floor area of the unit.
(3)
Separation and Access. Each live/work unit shall be separated from other live/work units or other uses in the building. Access to each live/work unit shall be provided from a public street, or common access area, corridors, or halls. The access to each unit shall be clearly separated from other live/work units or other uses within the structure.
(4)
Facilities for Commercial or Office Activities. A live/work unit shall be designed to accommodate commercial or office uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or office facilities used for the same work activity.
(5)
Integration of Living and Working Space. Areas within a live/work unit that are designated as living spaces shall be integral to the live/work unit. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the Building Code.
(6)
Mixed-Occupancy Buildings. If a building contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the building official.
(Ord. 2637, 1/17/2023)
§ 40.14.070 Specific to building types.
(a)
Overview.
(1)
Building types are important for providing affordable housing opportunities and incubating small businesses as amenities within walkable neighborhoods.
(2)
This section sets forth standards for the development of each building type. Table 40.14.070.A (Overview of Building Types) provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a detached house may have nonresidential uses within it, such as a restaurant or office, as allowed by the zone.
(3)
Building types are categorized into two groups: house-form buildings and block-form buildings. House-form buildings are those that are the size of a house, typically ranging in footprint from as small as twenty-five feet up to eighty feet overall. Block-form buildings are individually as large as most or all of a block or, when arranged together along a street, appear as long as most or all of a block.
(4)
The building site size standards for each building type are set in the Downtown Zones, see Sections 40.13.090 through 40.13.120 to generate pedestrian-oriented buildings. The building site size designates the range of building site sizes on which the given building type is allowed to be built. If the subject building site is smaller than the allowed building site size, a different building type must be selected.
(5)
Each building site shall have only one primary building type, except as follows:
(A)
Where allowed by the zone and as allowed in Section 40.26.010, one accessory dwelling unit is allowed in addition to the primary building type;
(B)
More than one building type is allowed on a parcel that identifies proposed multiple building site lines that meet the requirements of this article. See Figure 40.14.070.A (Example of Multiple Building Sites on an Existing Parcel).
(C)
Notwithstanding subsection (B), if an existing lot contains a building that is considered non-conforming as listed in Article 40.28 of the Davis Municipal Code, more than one building type is not allowed on a parcel that identifies proposed multiple building site lines that meet the requirements of this Article."
Table 40.14.070.A: Overview of Building Types | |||
|---|---|---|---|
1. Building Types (Legal Non-Conforming) | |||
Zones |  | | |
Building Type | Detached House | Duplex (Stacked) | Duplex (Side-by-Side) |
 |  |  | |
Form | House-Form Building | House-Form Building | House-Form Building |
Description | 40.14.070.A.1: Detached House. A small-to-medium-sized detached structure with one unit and private open space. It is typically located within a lower-intensity residential neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code. | 40.14.070.A.2: Duplex (Stacked). A small-to-medium-sized detached structure that consists of two stacked dwelling units, both facing the street and within a single building massing. This Type has the appearance of a medium-to-large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code. | 40.14.070.A.3: Duplex (Side-by-Side). A small-to-medium-sized detached structure that consists of two side-by-side dwelling units, both facing the street and within a single-building massing. This Type has the appearance of a medium-to-large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Section 40.28 of the Davis Municipal Code. |
Table 40.14.070.A: Overview of Building Types (Continued) | |||
|---|---|---|---|
2. Building Types | |||
Zones |  | |  |
Building Type | Cottage Court | Multiplex: Small | Multiplex: Large |
Illustration |  |  |  |
Form | House-Form Building Syn: Bungalow Court | House-Form Building Syn: Triplex to Sixplex | House-Form Building Syn: Mansion Apartment |
Description | 40.14.070.B: Cottage Court. A group of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court is common open space and takes the place of a private rear yard, thus becoming an important community-enhancing element. Private open space is not required. This Type is appropriately-scaled to fit within low-to-moderate-intensity neighborhoods and can be applied in non-residential contexts. | 40.14.070.C: Multiplex: Small. A medium-sized structure that consists of 3 to 6 side- by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized single-family home and is appropriately scaled to fit as a small portion of low- to moderate-intensity neighborhoods. Private open space is not required. | 40.14.070.D: Multiplex: Large. A medium-to-large-sized structure that consists of 7 to 18 side-by-side and/or stacked dwellings, typically with one shared entry. This Type is appropriately scaled to fit in within moderate-intensity neighborhoods or as a small portion of lower-intensity neighborhoods. |
Zones |  |  |  |
Building Type | Townhouse | Courtyard | Main Street |
Illustration |  |  |  |
Form | House-Form 2 to 3 units; Block-Form 4 to 8 units Syn: Rowhouse | House-Form Building Syn: Courtyard Apartment | Block-Form Building |
Description | 40.14.070.E: Townhouse. A small-to-large-sized typically attached structure that consists of up to 3 or up to 8 Townhouses placed side-by-side. Each townhouse may consist of one unit or up to two, stacked units. As allowed by the zone, this Type may also occasionally be detached with minimal separations between buildings. Each unit has private open space. This Type is typically located within moderate-to-high intensity neighborhoods, or near or on a neighborhood main street. | 40.14.070.F: Courtyard. A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared court is common open space. Private open space is not required. This Type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate-to-high intensity neighborhoods and can be applied in non-residential contexts. | 40.14.070.G: Main Street. A small-to-large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses. This Type makes up the primary component of portions of neighborhood and downtown main streets, therefore being a key component to providing walkability. |
40.14.070.A.1: Detached House | |
|---|---|
 Two-Story Detached House with Small Engaged Porch | |
 |  |
Two-Story Houses with Projecting Porches | |
1. Description. | ||
A small- to medium-sized detached structure with one unit and private open space. It is typically located within a lower-intensity residential neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code. | ||
2. Number of Units. | ||
House Form Building | ||
 | ||
 | ||
3. Building Size and Massing. | ||
Height | ||
Max. Number of Stories | 2 | |
Max. Height to Highest Top Plate | 24' | |
Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards). | ||
Main Body | ||
Size | 36' x 48' max. | Ⓐ |
Secondary Wing(s)1 | ||
Width | 15' max. | Ⓑ |
Depth | 20' max. | Ⓒ |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | ||
 | ||
4. Frontage Types. | ||
Porch: Projecting | 40.14.090.A | |
Porch: Engaged | 40.14.090.B | |
5. Pedestrian Access. | ||
Main Entrance Location | Front Street | Ⓓ |
6. Vehicle Access and Parking. | ||
Ⓔ | ||
7. Private Open Space. | ||
Width | 20' min. | Ⓕ |
Depth | 20' min. | Ⓖ |
Required street setbacks and driveways shall not be included in the private open space area calculation. | ||
Required private open space shall be located behind the main body. | ||
Note: |
1Secondary wings limited to 1 story. Max. 14' to highest top plate. |
40.14.070.A.2 Duplex (Stacked)  | |
 |
1. Description | |
A small-to-medium-sized detached structure that consists of two stacked dwelling units, both facing the street and within a single building. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code. | |
2. Number of Units | |
Units per Building | 2 max. |
Duplexes per Building site | 1 max. |
House-Form Building. | |
 | |
 |
 | ||
3. Building Size and Massing | ||
Height | ||
Max. Number of Stories | 2 | |
Max. Height to Highest Top Plate | 24' | |
Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards). | ||
Main Body | ||
Size | 36' x 48' max. | Ⓐ |
Secondary Wing(s) | ||
Depth | 24' max. | Ⓑ |
Width | 18' max. | Ⓒ |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to Massing, Facades and Architectural Elements). | ||
4. Frontage Types | |
Porch: Projecting | 40.14.090.A |
Porch: Engaged | 40.14.090.B |
Stoop | 40.14.090.C |
Dooryard | 40.14.090.D |
 |
 |
5. Pedestrian Access | ||
Main Entrance Location | Front street1 | Ⓓ |
Each unit shall have an individual entry facing the street on, or within 10' of the front facade. | ||
1On corner building sites, each unit shall front a different street. | ||
6. Vehicle Access and Parking | ||
Driveway and parking location shall comply with standards in Subsection E (Parking) of the zone where the property is located. | Ⓔ | |
7. Private Open Space | ||
Width | 15' min. | Ⓕ |
Depth | 15' min. | |
Required street setbacks and driveways shall not be included in the private open space area calculation. | ||
Required private open space shall be located behind the main body. | ||
40.14.070.A.3 Duplex (Side by Side) | |
 | |
 |  |
1. Description | |
A small-to-medium-sized detached structure that consists of two side-by-side dwelling units, both facing the street and within a single building. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. Each unit has private open space. This Building Type is classified as Legal Non-Conforming as consistent with Article 40.28 of the Davis Municipal Code. | |
2. Number of Units | |
Units per Building | 2 max. |
Duplexes per Building Site | 1 max. |
House-Form Building. | |
|  |
|
|
3. Building Size and Massing | ||
Height | ||
Max. Number of Stories | 2 | |
Max. Height to Highest Top Plate | 24' | |
Rooftop Room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards). | ||
Main Body | ||
Size | 36' x 48' max. | Ⓐ |
Secondary Wing(s) | ||
Depth | 24' max. | Ⓑ |
Width | 18' max. | Ⓒ |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to Massing, Facades and Architectural Elements). | ||
4. Frontage Types | |
Porch: Projecting | 40.14.090.A |
Porch: Engaged | 40.14.090.B |
Stoop | 40.14.090.C |
Dooryard | 40.14.090.D |
|
|
5. Pedestrian Access | |
Main Entrance Location Front Street1 | Ⓓ |
Each unit shall have an individual entry facing the street on, or within 10' of front facade. | |
1On corner building sites, each unit shall front a different street. | |
6. Vehicle Access and Parking | |
Driveway and parking location shall comply with standards in Subsection E (Parking) of the zone where the property is located. | Ⓔ |
7. Private Open Space | ||
Width | 15' min. | Ⓕ |
Depth | 15' min. | Ⓖ |
Required street setbacks and driveways shall not be included in the private open space area calculation. | ||
Required private open space shall be located behind the main body. | ||
40.14.070.B: Cottage Court | |
|---|---|
 A Five-Building, One-Story Cottage Court With Projecting Porches Along a Court Leading to Entries | |
 |  |
One-Story Cottage Court With Stoops | |
1. Description. | ||
A group of small, detached structures, arranged to define a shared court that is typically perpendicular to the street. The shared court is common open space and takes the place of a private rear yard, thus becoming an important community-enhancing element. Private open space is not required. This type is appropriately-scaled to fit within low- to moderate-intensity neighborhoods and can be applied in nonresidential contexts. | ||
2. Number of Units. | ||
Units per Building | 1 max. | |
Cottages per Building site (up to 1 Cottage may contain up to 3 units as allowed by the zone) | 3 min. | |
Syn: Bungalow Court | ||
House-Form Buildings | ||
 | ||
 | ||
3. Building Size and Massing. | ||
Height | ||
Max. Number of Stories | 2 | |
Max. Height to Highest Top Plate | 24' | |
Main Body | ||
Width | 32' max. | Ⓐ |
Depth | 24' max | Ⓑ |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | ||
The separation between cottages shall be a minimum of 7'. | ||
4. Allowed Frontage Types. | ||
Porch: Projecting | 40.14.090.A | |
Stoop | 40.14.090.C | |
Dooryard | 40.14.090.D | |
 | ||
5. Pedestrian Access. | ||
Shared court shall be accessible from front street. | Ⓒ | |
Main entrance location to units from shared court. | ||
Units on a corner may enter from the side street. | ||
Pedestrian connections shall link all buildings to the public ROW, shared court, and parking areas. | ||
6. Vehicle Access and Parking. | ||
Ⓓ | ||
Spaces may be individually accessible by the units and/or a common parking area located at the rear or side of the building site. | ||
7. Common Open Space. | ||
Width | 20' min. | Ⓔ |
Depth | 30' mins. (3 units); 40' min. (5 to 9 units) | |
Required street setbacks and driveways shall not be included in the common open space area calculation. | ||
40.14.070.C: Multiplex Small | |
|---|---|
 |
1. Description. | ||
A medium-sized structure that consists of a minimum of 3 side-by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized single-family home and is appropriately scaled to fit as a small portion of low- to moderate-intensity neighborhoods. Private open space is not required. | ||
2. Number of Units. | ||
Units per Building | 3 min. | |
Multiplexes per Building Site | 1 max. | |
Syn: Triplex to Sixplex | ||
House-Form Building | ||
| ||
 | ||
3. Building Size and Massing. | ||
Height | ||
Max. Number of Stories | 3 | |
Max. Height to Highest Top Plate | 32' | |
Main Body | ||
Width | 48' max. | Ⓐ |
Depth | 48' max. | Ⓑ |
Secondary Wing(s) | ||
Width | 24' max. | Ⓒ |
Depth | 30' max. | Ⓓ |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | ||
4. Allowed Frontage Types. | ||
Porch: Projecting | 40.14.090.A | |
Porch: Engaged | 40.14.090.B | |
Stoop | 40.14.090.C | |
Dooryard | 40.14.090.D | |
 | ||
5. Pedestrian Access. | ||
Main Entrance Location | Front street | Ⓔ |
Each unit may have an individual entry. | ||
6. Vehicle Access and Parking. | ||
Ⓕ | ||
7. Common Open Space. | ||
Width | 25' min. | Ⓖ |
Depth | 12' min. | Ⓗ |
Required street setbacks and driveways shall not be included in the common open space area calculation. | ||
Required common open space shall be located behind the main body. | ||
40.14.070.D: Multiplex Large |
|---|
 |
1. Description. | |||
A medium- to large-sized structure that consists of a minimum of 7 side-by-side and/or stacked dwellings, typically with one shared entry. This type is appropriately scaled to fit in within moderate-intensity neighborhoods or as a small portion of lower-intensity neighborhoods. | |||
2. Number of Units. | |||
Units per Building | 7 min. | ||
Multiplexes per Building Site | 1 max. | ||
Syn: Mansion Apartment | |||
House-Form Building | |||
 | |||
 | |||
3. Building Size and Massing. | |||
Height | N-M | N-L | MS-M |
Max. Number of Stories | 3; (4) | 4 | 4; (5) |
Max. Height to Highest Top Plate | 35'; (45') | 45' | 45'; (58') |
Main Body | |||
Width | 80' max. | Ⓐ | |
Depth | 60' max. | Ⓑ | |
Secondary Wing(s) | |||
Width | 30' max. | Ⓒ | |
Depth | 40' max. | Ⓓ | |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | |||
 | |||
4. Allowed Frontage Types. | |||
Porch: Projecting | 40.14.090.A | ||
Stoop | 40.14.090.C | ||
Terrace | 40.14.090.H | ||
5. Pedestrian Access. | |||
Main entrance location | Ⓔ | ||
Units located in the main body shall be accessed by a common entry along the front street. | |||
On corner building sites, units in a secondary wing may enter from the side street. | |||
6. Vehicle Access and Parking. | |||
7. Common Open Space. | |||
Common open space is not required. | |||
40.14.070.E: Townhouse |
|---|
 |
1. Description. | |||
A small- to large-sized typically attached structure that consists of up to 3 or up to 8 townhouses placed side by side. Each townhouse may consist of one unit or multiple, stacked units. As allowed by the zone, this type may also occasionally be detached with minimal separations between buildings. Each unit has private open space. This type is typically located within moderate- to high-intensity neighborhoods, or near or on a neighborhood main street. | |||
2. Number of Units. | |||
Max. Townhouses per Building Site | 1 | ||
Syn: Rowhouse | |||
 | |||
 | |||
3. Building Size and Massing. | |||
Height | N-M | N-L | MS-M |
Max. Number of Stories | 3 | 51 | 4 |
Max. Height to Highest Top Plate | 34' | 60' | 45' |
Main Body | |||
Townhouse Width | 18' min.; 30' max. | Ⓐ | |
Townhouse Depth | 50' max. | Ⓑ | |
Width per Run | House-form: 75' max; Block-form: 180' max. | Ⓒ | |
Secondary Wing(s) | |||
The footprint area of secondary wing(s) may not exceed the footprint area of the main body. | |||
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | |||
 | |||
4. Allowed Frontage Types. | |||
Porch: Projecting | 40.14.090.A | ||
Porch: Engaged | 40.14.090.B | ||
Stoop | 40.14.090.C | ||
Dooryard | 40.14.090.D | ||
Terrace | 40.14.090.H | ||
5. Pedestrian Access. | |||
Main Entrance Location | Front street | Ⓓ | |
Each unit shall have an individual entry facing a street. | |||
6. Vehicle Access and Parking. | |||
Ⓔ | |||
7. Private Open Space. | |||
Width | 8' min. | Ⓕ | |
Depth | 8' min. | Ⓖ | |
Required street setbacks and driveways shall not be included in the private open space area calculation. | |||
Required private open space shall be located behind the main body. | |||
Note: | |
1 | Each Townhouse may be divided vertically into 3 units. |
40.14.070.F: Courtyard |
|---|
 |
1. Description. | |||||||
A building comprised of one to three structures typically detached but may be attached that contain multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared court is common open space. Private open space is not required. This type is typically integrated as a small portion of lower-intensity neighborhoods or more consistently into moderate- to high-intensity neighborhoods and can be applied in nonresidential contexts. | |||||||
2. Number of Units. | |||||||
Units per Building Site | Unrestricted | ||||||
Courtyard Buildings per Building Site | 1 max. | ||||||
Syn: Courtyard Apartment | |||||||
House-Form Building | |||||||
 | | ||||||
 | |||||||
3. Building Size and Massing. | |||||||
Height | N-M | N-L | MS-M | MS-L | |||
Max. Number of Stories | 3 | 4 | 3 | 5 | |||
Max. Height to Highest Top Plate | 24' | 45' | 34' | 60' | |||
Rooftop room allowed on uppermost roof per Table 40.14.080.D (Rooftop Room Standards). | |||||||
Main Body/Secondary Wing(s) | |||||||
Size | 150' max. | Ⓐ | |||||
65' max. | Ⓑ | ||||||
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | |||||||
4. Allowed Frontage Types. | |||||||
Porch: Projecting | 40.14.090.A | ||||||
Porch: Engaged | 40.14.090.B | ||||||
Stoop | 40.14.090.C | ||||||
Shopfront | 40.14.090.G | ||||||
Terrace | 40.14.090.H | ||||||
 | |||||||
5. Pedestrian Access. | |||||||
The main entry of ground floor units shall be directly off of a courtyard or street, whichever is closer. | |||||||
Courtyards shall be accessible from the front street. | Ⓒ | ||||||
Multiple courtyards required to be connected via a passage through or between buildings. | |||||||
6. Vehicle Access and Parking. | |||||||
Ⓓ | |||||||
7. Common Open Space. | |||||||
Main Body Height1 | Size Ⓔ | ||||||
1 to 2 Stories (min./max.) | 20' to 40' by 20' to 85' | ||||||
3 Stories (min./max.) | 25' to 50' by 30' to 105' | ||||||
4+ Stories (min./max.) | 25' to 50' by 40' to 135' | ||||||
Building shall define at least two walls of a courtyard. | |||||||
Side(s) of courtyard not defined by building shall be defined by 2'-6" to 6' tall wall with entry gate/door. | |||||||
Notes: | |
1 | Height measured at the highest story along courtyard. |
40.14.070.G: Main Street | |||
|---|---|---|---|
 | |||
1. Description. | |||
A small- to large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses. This type makes up the primary component of portions of neighborhood and downtown main streets, therefore being a key component to providing walkability. | |||
2. Number of Units. | |||
Units per Building | Unrestricted1 | ||
Main Street Buildings per Building Site | 1 max. | ||
Block-Form Building | |||
 |  | ||
 | |||
3. Building Size and Massing. | |||
Height | MS-M | MS-L | |
Max. Number of Stories | 4; (5)2 | 5; (7)2 | |
Max. Height to Highest Top Plate | 50; (65)2 | 60; (90)2 | |
Main Body | |||
Size | 150' max. 120' max. | Ⓐ Ⓑ | |
Secondary Wing(s)3 | |||
Size | 100' max. 65' max. | Ⓒ Ⓓ | |
Facades on a street or civic space shall be designed in compliance with Section 40.14.080 (Specific to massing, facades and architectural elements). | |||
 | |||
4. Allowed Frontage Types. | |||
Dooryard4 | 40.14.090.D | ||
Forecourt | 40.14.090.E | ||
Shopfront | 40.14.090.G | ||
Terrace | 40.14.090.H | ||
Gallery | 40.14.090.I | ||
5. Pedestrian Access. | |||
Upper floor units shall be accessed by a common entry along the front street. | Ⓔ | ||
Ground floor units may have individual entries along the front street or side street. | Ⓕ | ||
On corner building sites, units in a secondary wing or accessory structure may enter from the side street. | Ⓖ | ||
6. Vehicle Access and Parking. | |||
Ⓗ | |||
7. Common Open Space. | |||
Common open space is not required. | |||
Note: | |
1 | Number of units restricted by UBC and UFC requirements. |
2 | Additional height is allowed, see Official City of Davis Zoning Map. |
3 | Required on corner building sites. |
4 | Only on side streets. |
(b)
Compliance of Existing Structures. Buildings that existed prior to the adoption of the Form Based Code, and which became non-conforming by reason of the adoption of the Form Based Code, shall be permitted to continue in use as listed in Section 40.28 of the Davis Municipal Code.
(1)
Non-conforming structures which are damaged or demolished more than 60%, as defined in Article 40.28 of the Davis Municipal Code, must establish a new building type and comply with the applicable zone.
(2)
An enlargement or alterations to a non-conforming structure shall be consistent with Article 40.28 of the Davis Municipal Code. A non-conforming structure may be increased by a total of no more than 15% of the gross square footage existing at the time of the adoption of the Form Based Code, as determined by the Community Development Director. An alteration is permitted if the addition results in greater conformance with the zoning and building type specifications of the code.
(c)
Limited Exception for Involuntary Destruction. Notwithstanding subsection (b) above, if a Detached House Building Type is Owner-Occupied as of March 4, 2025 and is involuntarily damaged or destroyed, the property owner may rebuild the same Building Type on the same footprint and with equivalent square footage as the previous structure. This exemption shall only apply where the property owner can demonstrate that they have continuously occupied the structure as their primary residence since March 4, 2025, and shall not apply to properties that are transferred through sale, inheritance, or any other mechanism after that date.
(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)
§ 40.14.080 Specific to massing, facades and architectural elements.
(a)
Overview. This section sets forth standards that supplement the zone standards to further refine building form and physical character per Downtown Davis Specific Plan vision. Table 40.14.080.A (Overview of Specific to Massing, Facades and Architectural Elements) provides an overview of the requirements. Historic resource buildings are exempt from these standards.
(b)
Massing and Facade Articulation Standards. As required by Section 40.14.070, subsection 3 (Building Size and Massing) of the standards of each building type, facades on a street or civic space shall be designed in compliance with the standards identified in Table 40.14.080.B (Massing and Facade Articulation Standards).
(c)
Historic Resource Adjacency Standards. As required by Sections 40.13.090—40.13.120, subsection C (Building Form) and subsection D (Building Placement) of each zone, all building sites adjacent to a Designated Historical Resource shall comply with all additional massing standards identified in Table 40.14.080.C (Historic Resource Adjacency Standards).
(d)
Rooftop Room Standards. As identified in Sections 40.13.090—40.13.120, subsection 3 (Building Size and Massing) of the standards of each building type in Section 40.14.070 (Specific to Building Types), one rooftop room is allowed on the uppermost roof in compliance with the standards identified in Table 40.14.080.D (Rooftop Room Standards).
Table 40.14.080.A: Overview of Specific to Massing, Facades and Architectural Elements | ||
|---|---|---|
Scenario | Minimum Requirements (Section 40.14.070) | Reference (Table) |
Massing and Facade Articulation Standards | ||
All Buildings | All items of subsection 1 | 40.14.080.B.1 a. Tripartite Facade Design |
Buildings over 3 stories | At items of subsection 2 | 40.14.080.B.2 a. Change in Color or Material |
Buildings over 75 feet long1 | All items of subsection 3 | 40.14.080.B.3 a. Vertical Articulation |
Corner Elements; as identified in Figure 40.13.070.B | All items of subsection 4 | 40.14.080.B.4 a. Corner Elements |
Historic Resource Adjacency Standards | ||
House-Form Buildings | All items of subsection 1 | 40.14.080.C.1 a. Side Stepbacks b. Side Setbacks |
Block-Form Buildings | All items of subsection 2 | 40.14.080.C.2 a. Main Body and Wing(s) b. Side Setbacks |
Rooftop Room Standards | ||
All items of subsection 1 | 40.14.080.D.1 a. General b. Room Form c. Room Placement d. Room Openings | |
Note: | |
1 | As measured along street or civic space. |
Table 40.14.080.B: Massing and Facade Articulation Standards | ||||
|---|---|---|---|---|
1. All Buildings | 2. Buildings Over 3 Stories | |||
 |  | |||
a. Tripartite | a. Change in Color or Material | |||
New facades and renovations along a street or civic space shall be designed with tripartite architecture. An expression line, setback or other architectural element shall be used to delineate the base and top. | New facades and renovations along a street or civic space on buildings over 3 stories shall be designed to modulate the apparent size and scale of the building by changing colors and/or materials. This may be applied throughout the building but is required above the third story. | |||
 |  | |||
Distinct Base | Ⓐ | Change in Color and/or Material | Ⓐ | |
Middle | Ⓑ | Vertical or horizontal articulation as applicable. | Ⓑ | |
Top | Ⓒ | Stepback required by zone | Ⓒ | |
3. Buildings over 75 Feet Long | 4. Corner Elements | |||
 |  | |||
a. Vertical Articulation | a. Corner Elements | |||
New facades and renovations along a street or civic space shall modulate the apparent size and scale of the building by stepping a portion of the facade upward or downward from the predominant building height by at least one story. This technique offers the opportunity to organize a long building into multiple apparent buildings to avoid the appearance of a block-long building. | Where required on the Zoning Map, new facades and renovations shall include a corner element to give visual importance to corner and further shape the public realm. | |||
 |  | |||
Vertical stepping | Ⓐ | Width: 25% min. to 30% max. of longest associated facade. | Ⓐ | |
Depth: 2' min. | Ⓑ | Width: 25' min. | Ⓑ | |
Stepping must compromise 50% min. of facade. | Ⓒ | Projection Depth: 12' max. | Ⓒ | |
Depth: 10' min. | Ⓓ | Top story height: 14' max. | Ⓓ | |
Unbroken façade: 20' max. | Ⓔ | Stepback required by zone | Ⓔ | |
Stepback required by zone | Ⓕ | |||
5. Rear and Side Elevations | ||||
Where the rear or side elevation of any building will be exposed to public view, whether the exposure is permanent or temporary (blocked by a future potential building), said rear or side elevation shall have similar architectural treatment as the front or street side of the building. Large flat, unadorned elevations will not be acceptable. | ||||
Table 40.14.080.C: Historic Resource Adjacency Standards | |
|---|---|
1. House-Form Buildings | |
a. Side Stepbacks | |
 | |
A front and side stepback is required above the 2nd story or above the top story of the adjacent historic resource building if over 2 stories. | |
Front Stepback: 15' min. | Ⓐ |
Side Stepback: 25' min. | Ⓑ |
b. Side Setbacks | |
 | |
Minimum 10' side setback is required on the side facing the adjacent historic resource building for a minimum depth of 25' measured from the front setback. | |
Side Setback: 10' min. | Ⓒ |
Depth: 25' min. or to align with adjacent front facade of main body. | Ⓓ |
Resulting facade shall be treated as a front or side street facade. | |
2. Block-Form Buildings | |
a. Main Body and Wing(s) | |
 | |
Within 35 feet of the adjacent historic resource building's building site, the new building or addition is required to reduce in size through a wing extending from the larger building mass. Additional wings are allowed but must be separated by the distance below. | |
Wing Width: 20' max. | Ⓐ |
Wing Depth: 25' min. | Ⓑ |
Wing Height: 2 stories max. | Ⓒ |
Distance Between Wings: 25' min. | Ⓓ |
b. Side Setbacks | |
 | |
Minimum 10' side setback is required on the side facing the adjacent historic resource building for a minimum depth of 25' measured from the front setback. | |
Side Setback: 10' min. | Ⓔ |
Depth: 25' min. or to align with adjacent front facade of main body. | Ⓕ |
Resulting facade shall be treated as a front or side street facade. | |
Table 40.14.080.D: Rooftop Room Standards | ||
|---|---|---|
1. Buildings Up to 2 Stories. | ||
 | ||
a. General | ||
Max. Rooftop Rooms per Building | 1 (must be allowed by the building type) | |
Materials shall be consistent with the main building. | ||
Exterior access is allowed in compliance with UBC and UFC standards. | ||
b. Room Form | ||
Interior clear dimensions | 12' max. | Ⓐ |
Floor-to-ceiling height | 10' max. | Ⓑ |
Overall height | 14' max. | Ⓒ |
When room is present, roof shall be consistent with roof style of main building. | ||
 | ||
c. Room Placement | ||
Side setback | 10' min. | Ⓓ |
Rear setback | 15' min. | Ⓔ |
Shall be located in uppermost roof of main building. | ||
d. Room Openings | ||
Opening or glazing on each side | 75% min. | |
Openings shall be vertically proportioned, not square or horizontal. | ||
Openings may be glazed. | ||
 Examples of Rooftop Rooms and their limited footprint compared to the main building. | ||
(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)
§ 40.14.090 Specific to frontage types.
(a)
Overview.
(1)
This section sets forth standards applicable to all frontages in downtown zones. Frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). Table 40.14.090.A (Overview of Frontage Types) provides an overview of the allowed frontage types. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a porch may be used by nonresidential uses such as a restaurant or office as allowed by the zone.
(2)
Each building shall have at least one frontage type along each street frontage or along a civic space.
(4)
Frontage types not listed in subsection 4 (Allowed Frontage Types) of the applicable building type standards are not allowed on that building type.
(5)
Each building may have multiple frontage types in compliance with the allowed types in subsection 4 (Allowed Frontage Types) of each building type standards.
(7)
Standards are stated for the front of a building site and are to be adjusted for side street facades in compliance with the setbacks of the zone.
Table 40.14.090.A: Overview of Frontage Types | ||||||
|---|---|---|---|---|---|---|
 | ||||||
Zones |  |  | | | ||
Frontage Type | Porch: Projecting | Porch: Engaged | Stoop | Dooryard | ||
Section |  |  |  |  | ||
Plan |  |  |  |  | ||
Description | 40.14.090.A: Porch: Projecting. The main facade of the building is set back from the front building site line with a porch encroaching into the front setback. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories, is open on three sides, and all habitable space is located behind the building setback line. | 40.14.090.B: Porch: Engaged. A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back. The porch may project into the front yard. The resulting yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories and has two adjacent sides that are engaged to the building while the other two sides are open. | 40.14.090.C: Stoop. The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk. The stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side accessed. The stoop is typically used for residential uses with small setbacks. | 40.14.090.D: Dooryard. The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard. Each dooryard is separated from adjacent dooryards. The dooryard may be raised or at grade and is appropriate for ground-floor residential or nonresidential. | ||
| ||||||
Zones |  |  |  | |||
Frontage Type | Forecourt | Maker Shopfront | Shopfront | |||
Section |  |  |  | |||
Plan |  |  |  | |||
Description | 40.14.090.E: Forecourt. The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site. The space may be used as an entry court or shared garden space for housing, or as an additional shopping or restaurant seating area within retail and service areas. | 40.14.090.F: Maker Shopfront. The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk. This type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on site. This type may include a decorative roll-down or sliding door, including glazing and an awning that overlaps the sidewalk. | 40.14.090.G: Shopfront. The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use. This type includes substantial glazing between the shopfront base and the ground floor ceiling and may include an awning that overlaps the sidewalk. | |||
| ||||||
Zones |  |  |  | |||
Frontage Type | Terrace | Gallery | Arcade | |||
Section |  |  |  | |||
Plan |  |  |  | |||
Description | 40.14.090.H: Terrace. The main facade is at or near the front or side street building site line with an elevated terrace providing public circulation along the facade. This type is used to provide at-grade access while accommodating an existing or intended grade change. | 40.14.090.I: Gallery. The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way. This type may be one or two stories. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included. | 40.14.090.J: Arcade. The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included. | |||
40.14.090.A: Porch: Projecting | ||
|---|---|---|
 | ||
 | ||
 | | |
1. Description. | ||
The main facade of the building is set back from the front building site line with a porch encroaching into the front setback. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories, is open on three sides, and all habitable space is located behind the building setback line. | ||
2. Size. | ||
Width, Clear | 10' min. | Ⓐ |
Depth, Clear | 6' min. | Ⓑ |
Height, Clear | 8' min. | Ⓒ |
Finish Level above Sidewalk | 0" min. | Ⓓ |
Stories | 2 max. | |
Pedestrian Access | 3' wide min. | Ⓔ |
Distance between Porch and Sidewalk | 6' min. | Ⓕ |
Depth | 15' min. | Ⓖ |
3. Miscellaneous. | ||
Porch must be open on three sides and have a roof. | ||
When ramps are included Design Review is required. | ||
40.14.090.B: Porch: Engaged | ||
|---|---|---|
 | ||
 | ||
| | |
1. Description. | ||
A portion of the main facade of the building is set back from the front building site line to include a porch that projects from the facade that is set back. The porch may project into the front yard. The resulting yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch may be one or two stories and has two adjacent sides that are engaged to the building while the other two sides are open. | ||
2. Size. | ||
Width, Clear | 8' min. | Ⓐ |
Depth, Clear | 6' min. | Ⓑ |
Height, Clear | 8' min. | Ⓒ |
Finish Level above Sidewalk | 0" min. | Ⓓ |
Stories | 2 max. | |
Pedestrian Access | 3' wide min. | Ⓔ |
Distance between Porch and Sidewalk | 6' min. | Ⓕ |
3. Miscellaneous. | ||
Up to 20% of the building facade and porch(es) may project beyond the setback line into the encroachment area for the zone. | Ⓖ | |
Porch must be open on two sides and have a roof. | ||
When ramps are included Design Review is required. | ||
40.14.090.C: Stoop | ||
|---|---|---|
 | ||
 | ||
| | |
1. Description. | ||
The main facade of the building is near the front or side street building site line with an elevated stoop, leading to the sidewalk. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk- facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-accessed. The Stoop is typically used for residential uses with small setbacks. | ||
2. Size. | ||
Width, Clear | 5' min. | Ⓐ |
Depth, Clear | 5' min. | Ⓑ |
Height, Clear | 8' min. | Ⓒ |
Stories | 1 max. | |
Depth of Recessed Entries | 12' max. | Ⓓ |
Finish Level above Sidewalk | 0" min. | Ⓔ |
3. Miscellaneous. | ||
Stairs may be perpendicular or parallel to the building facade. | ||
Ramps shall be parallel to facade or along the side of the building. | ||
Entry doors are covered or recessed to provide shelter from the elements. | ||
Gates are not permitted. | ||
All doors shall face the street. | ||
When ramps are included Design Review is required. | ||
40.14.090.D: Dooryard | ||
|---|---|---|
 | ||
 | ||
| | |
1. Description. | ||
The main facade of the building is set back from the front building site line, which is defined by a low wall, hedge, or other allowed screening, creating a small dooryard. Each dooryard is separated from adjacent dooryards. The dooryard may be raised or at grade and is appropriate for ground-floor residential or nonresidential. | ||
2. Size. | ||
Depth, Clear | 8' min. | Ⓐ |
Length | 15' min. | Ⓑ |
Distance between Glazing | 4' max. | Ⓒ |
Depth of Recessed Entries | 12' max. | Ⓓ |
Pedestrian Access | 3' wide min. | Ⓔ |
Finish Level above Sidewalk | 0" min. | Ⓕ |
Height of Dooryard Fence/Wall above Finish Level | 36" max. | Ⓖ |
3. Miscellaneous. | ||
For live/work, retail, service, and restaurant uses, the shopfront frontage type is to be applied. | ||
Each dooryard shall provide access to only one ground floor entry. | ||
When ramps are included Design Review is required. | ||
40.14.090.E: Forecourt | ||
|---|---|---|
 | ||
 | ||
 | | |
1. Description. | ||
The main facade of the building is at or near the front building site line and a portion is set back, creating a small court, extending the public realm into the building site. The space may be used as an entry court or shared garden space for housing, or as an additional shopping or restaurant seating area within retail and service areas. | ||
2. Size. | ||
Width, Clear | 15' min. | Ⓐ |
Depth, Clear | 15' min. | Ⓑ |
Ratio, Height to Width | 2:1 max. | Ⓒ |
Height from Sidewalk | Flush with sidewalk | Ⓓ |
3. Miscellaneous. | ||
May be utilized to group several entries at a common elevation in compliance with the zones' ground floor finish level standards. | ||
The proportions and orientation of these spaces shall comply with the diagram below for solar orientation and user comfort. | ||
 | ||
40.14.090.F: Maker Shopfront | ||
|---|---|---|
 | ||
 | ||
 | | |
1. Description. | ||
The main facade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk. This type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on site. This type may include a decorative roll-down or sliding door, including glazing and an awning that overlaps the sidewalk. | ||
2. Size. | ||
Distance between Glazing | 8' max. | Ⓐ |
Ground Floor Glazing between Sidewalk and Finished Ceiling Height | 30% min. | |
Depth of Recessed Entries | No max. | |
Shopfront Base (if used) | 36" max. | Ⓑ |
3. Awning. | ||
Depth | 5' min. | Ⓒ |
Setback from Curb | 2' min. | Ⓓ |
Height, Clear | 8' min. | Ⓔ |
4. Miscellaneous. | ||
Rounded and hooped awnings not allowed. | ||
Decorative accordion-style doors/windows or other operable windows that allow the space to open to the street require director approval. | ||
40.14.090.G: Shopfront | ||
|---|---|---|
 | ||
 | ||
 | | |
1. Description. | ||
The main facade of the building is at or near the front building site line with at-grade entrance along the sidewalk. This type is intended for service, retail, or restaurant use. This type includes substantial glazing between the shopfront base and the ground floor ceiling and may include an awning that overlaps the sidewalk. | ||
2. Size. | ||
Distance between Glazing | 2' max. | Ⓐ |
Ground Floor Glazing Between top of shopfront base and Finished Ceiling Height | 75% min. | |
Depth of Recessed Entries | 5' max. | |
Shopfront base | 6" min.; 30" max. | Ⓑ |
3. Awning. | ||
Depth | 5' min. | Ⓒ |
Setback from Curb | 2' min. | Ⓓ |
Height, Clear | 8' min. | Ⓔ |
4. Miscellaneous. | ||
Residential types of windows are not allowed. | ||
Rounded and hooped awnings are not allowed unless part of a historically designated building. | ||
Decorative accordion-style doors/windows or other operable windows that allow the space to open to the street are subject to director approval. | ||
40.14.090.H: Terrace. | ||
|---|---|---|
 | ||
 | ||
| | |
1. Description. | ||
The main facade is at or near the front of side street building site line with an elevated terrace providing public circulation along the facade. This type is used to provide at-grade access while accommodating an existing or intended grade change. | ||
2. Size. | ||
Depth of Terrace | 8' min. residential 12' min. nonresidential | Ⓐ |
Finish Level above Sidewalk | 24" max. | Ⓑ |
Length of Terrace | 100' max. | |
Distance between Stairs | 25' max. | Ⓒ |
3. Miscellaneous. | ||
These standards are to be used with those for the shopfront frontage type where the zone requires the shopfront type. | ||
Where the frontage type requires the ground floor to be flush with the sidewalk, the terrace shall be considered to be the sidewalk. | ||
Low walls used as seating are allowed. | ||
May be utilized to group several entries at a common elevation in compliance with the zones' ground floor finish level standards. | ||
40.14.090.I: Gallery | |||
|---|---|---|---|
 | |||
 | |||
 | | ||
1. Description.. | |||
The main facade of the building is at or near the front building site line and the gallery element overlaps a sidewalk not in the right-of-way. This type may be one or two stories. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included. | |||
2. Size. | |||
Depth, Clear | 8' min. | Ⓐ | |
Ground Floor Height, Clear | 12' min. | Ⓑ | |
Height | 2 stories max. | Ⓒ | |
Setback from Public ROW | 0 min. | Ⓓ | |
3. Miscellaneous. | |||
In the MS-M and MS-L zones, galleries shall also follow the regulations for the shopfront frontage type. | Ⓔ | ||
Galleries shall have a consistent depth. | |||
Galleries shall not project over the sidewalk in the public right-of-way. | |||
40.14.090.J: Arcade | ||
|---|---|---|
 | ||
 | ||
| | |
1. Description. | ||
The main facade of the building is at or near the front building site line and the arcade element, including habitable spaces, overlaps a sidewalk not in the right-of-way. When used in nonresidential settings, the shopfront type is included, When used in residential settings, stoops, dooryards, and forecourts are included. | ||
2. Size. | ||
Depth, Clear | 8' min. | Ⓐ |
Ground Floor Height, Clear | 12' min. | Ⓑ |
Upper Floor Height, Clear | 9' min. | Ⓒ |
Height | 2 stories max. | Ⓓ |
Setback from public ROW | 0 min. | Ⓔ |
3. Miscellaneous. | ||
In the MS-M and MS-L zones, arcades shall also follow the regulations for the shopfront frontage type. | Ⓕ | |
Arcades shall have a consistent depth. | ||
Arcades shall not project over the sidewalk in the public right-of-way. | ||
(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)
§ 40.14.100 Specific to civic spaces.
(a)
Purpose. This section sets forth the standards applicable to existing and new civic spaces and civic buildings. These standards supplement the standards for each zone. Civic space is land that is improved for civic gathering purposes per one of the allowed types in this section.
(1)
Amount of Civic Space Required. Sites of at least one and one-third acres are required to include a minimum of five percent of the site as civic space. One or more civic spaces may be used to meet this requirement.
(2)
Building Frontage Along or Adjacent to a Civic Space. The facades on building sites attached to or across a street from a civic space shall be designed as a "front" on to the civic space, in compliance with Sections 40.13.090—40.13.120, subsection F (Building Placement) and subsection G (Frontages) of the zone standards.
Figure 40.14.100  |
(b)
Overview. This section identifies the allowed civic space types and standards for improvements to existing civic spaces and for construction of new civics paces. Civic space types identified in Table 40.14.100 (Overview of Civic Space Types).
Table 40.14.100: Overview of Civic Space Types | |||
|---|---|---|---|
| |||
Zones | | | |
Civic Space Type | Pocket Park/Plaza | Playground | Passage |
Illustration |  |  |  |
Description | 40.14.100.A: Pocket Park/Plaza. A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining. | 40.14.100.B: Playground. A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types. | 40.14.100.C: Passage. A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by nonresidential shopfronts and/or residential ground floors and pedestrian entries. |
| |||
Zones | | |  |
Civic Space Type | Community Garden | Plaza | Green |
Illustration |  |  |  |
Description | 40.14.100.D: Community Garden. A small-scale space designed as a grouping of garden plots available to nearby residents for small-scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types. | 40.14.100.E: Plaza. A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity. | 40.14.100.F: Green. A large space available for unstructured and limited amounts of structured recreation. |
40.14.100.A: Pocket Park/Plaza | |
|---|---|
 | |
 | |
| |
1. Description. | |
A small-scale space, serving the immediate neighborhood, available for informal activities in close proximity to neighborhood residences, and civic purposes, intended as intimate spaces for seating or dining. | |
2. General Character. | |
Accessory structure(s). | < 200 sf |
Formal or informal, urban. | |
Combination of planted areas and hardscape. | |
Spatially defined by building frontages and adjacent street trees. | |
Walkways along edges or across space. | |
3. Size and Location. | |
40' min. in any direction. | |
25' min. in any direction between 2nd and 3rd and E and F Streets. | |
4. Typical Uses. | |
Civic activity. | |
Passive recreation, outdoor seating. | |
Commercial uses in support of civic activity. | |
40.14.100.B: Playground | |
|---|---|
 | |
 | |
 | |
1. Description. | |
A small-scale space designed and equipped for the recreation of children. These spaces serve as quiet, safe places protected from the street and typically in locations where children do not have to cross any major streets. An open shelter, play structures, or interactive art and fountains may be included with landscaping between. Playgrounds may be included within all other civic space types. | |
2. General Character. | |
Focused toward children. | |
Play structure, interactive art, and/or fountains. | |
Shade and seating provided. | |
May be fenced. | |
Spatially defined by trees. | |
3. Size and Location. | |
No minimum. | |
4. Typical Uses. | |
Active and passive recreation. | |
Casual seating. | |
40.14.100.C: Passage | |
|---|---|
 | |
 | |
| |
1. Description. | |
A pedestrian pathway that extends from the public sidewalk into a civic space and/or across the block to another public sidewalk. The pathway is lined by nonresidential shopfronts and/or residential ground floors and pedestrian entries. | |
2. General Character. | |
Formal, urban. | |
No accessory structure(s). | |
Primarily hardscape with landscape accents. | |
Spatially defined by building frontages. | |
Trees and shrubs in containers and/or planters. | |
3. Size and Location. | |
15' min. between or through buildings. | |
4. Typical Uses. | |
Civic activity. | |
Commercial in support of civic activity. | |
Casual seating and/or outdoor dining. | |
Ground floor residential. | |
40.14.100.D: Community Garden | |
|---|---|
 | |
 | |
| |
1. Description. | |
A small-scale space designed as a grouping of garden plots available to nearby residents for small-scale cultivation. Community gardens may be fenced and may include a small accessory structure for storage. Community gardens may be included within all other civic space types. | |
2. General Character. | |
Accessory structure(s). | < 2,000 sf |
Plant beds (in-ground or raised). | |
Decorative fencing, when fencing present. | |
Spatially defined by adjacent buildings and street trees. | |
3. Size and Location. | |
No minimum within any building site as allowed by the zone. | |
4. Typical Uses. | |
Food production. | |
Passive recreation. | |
40.14.100.E: Plaza | |
|---|---|
 | |
 | |
| |
1. Description. | |
A community-wide focal point primarily for civic purposes and commercial activities. Plazas are typically hardscaped with planting as accents. Commercial activities are subordinate to civic activity. | |
2. General Character. | |
Accessory structure(s). | < 1,500 gsf; fountains, benches |
Formal, urban. | |
Hardscaped and planted areas in formal patterns. | |
Spatially defined by buildings and tree-lined streets. | |
3. Size and Location. | |
100 ft. min. in any direction. | |
Streets required on two of the Plaza's sides. Facades, on building sites attached to or across a street, shall "front" on to the Plaza. | |
4. Typical Uses. | |
Civic uses. | |
Commercial uses in support of civic uses. | |
Passive recreation. | |
40.14.100.F: Green | |
|---|---|
 | |
 | |
 | |
1. Description. | |
A large space available for unstructured and limited amounts of structured recreation. | |
2. General Character. | |
Accessory structure(s). | < 5,000 gsf; fountains, benches |
Informal or formal. | |
Primarily planted areas with paths to and between recreation areas and civic buildings. | |
Spatially defined by tree-lined streets and adjacent buildings. | |
3. Size and Location. | |
150' min. in any direction. | |
Streets required on at least 2 sides of the Green. Facades, on building sites attached to or across a thoroughfare, shall "front" onto the Green. | |
4. Typical Uses. | |
Unstructured passive and active recreation. | |
Civic uses. | |
Temporary commercial uses. | |
(Ord. 2637, 1/17/2023)
§ 40.14.110 Specific to sign types.
(a)
Purpose. This section sets forth the standards for new and modified signage in support of the community vision as follows:
(1)
Provide property owners and occupants an opportunity for effective identification;
(2)
Provide reasonable, yet appropriate conditions for identifying allowed goods sold or produced or services rendered in all downtown zones;
(3)
Maintain and enhance the quality of the city's appearance by:
(A)
Controlling the size, location and design of temporary and permanent signs so that the appearance of such signs will reduce sign clutter, be aesthetically harmonious with their surroundings, and will enhance the overall appearance of the built environment,
(B)
Preserving and perpetuating uncluttered and natural views, significant architecture and cultural resources for the enjoyment and environmental enrichment of the citizens of the community and visitors, and
(C)
Protecting residential neighborhoods from adverse impacts of excessive signs;
(5)
All signs require the review and approval of the director.
(b)
Exempt Signs. The following signs are exempt from the permit standards of this section and are permitted in any downtown zone.
(1)
Street address numbers, house numbers, "No Trespassing," "No Parking," and other warning signs.
(2)
Days and hours of operation.
(4)
City entry, community or district identification signs.
(5)
Names of buildings, dates of erection, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type material.
(6)
Credit card, or trade association signs not exceeding one-half square foot each and not exceeding five per establishment.
(7)
Directional on-site signs, provided that such signs are limited to a maximum of six square feet. If constructed as a ground mounted sign, the maximum height is four feet.
(8)
Real Estate Sign.
(A)
The sign may be a ground sign, a window sign, or a wall sign. Only one such sign is allowed per site per street frontage. If a ground sign, it shall follow the standards for 40.14.110.A (Yard/Porch Sign).
(B)
All signs shall be removed within fourteen days after the sale, lease, or rental has occurred. These signs may only be installed on the property to which they refer.
(C)
Temporary open house signs are allowed, provided that they are limited in number to a maximum of four per event. An open house sign may only be installed the day before the open house and shall be removed the same day of the open house after its conclusion. In no case shall an open house sign be installed for more than 48 continuous hours.
(c)
Prohibited Locations and Features for Signs.
(1)
Prohibited Locations.
(A)
No permanent sign shall be installed within the public right-of-way unless displayed by a governmental entity or pursuant to a revocable encroachment permit.
(B)
Signs shall not be located on property without prior authorization from the property owner, or in the case of public parks or any public property without the permission of the city.
(C)
Signs shall not be located where the view of approaching or intersecting traffic would be obstructed, in compliance with the Davis Municipal Code.
(D)
Signs shall not be located as to interfere with the safe movement of vehicles, bicycles, and/or pedestrians entering, leaving, or crossing a public right-of-way.
(E)
Signs shall not be located on the roofs of buildings or structures except as allowed by 40.14.110.K (Roof Sign).
(F)
Signs shall not be attached to any traffic control sign, utility pole, street sign, or tree, except for temporary signs installed by a government agency for public information and/or special events.
(G)
Signs shall not be mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises close to the public right-of-way or within public right-of-way in a manner intended to attract the attention of the public for advertising purposes. Signs indicating only the name and or phone number of the owner or business are allowed if the following standards are met:
(2)
Prohibited Features and Signs.
(A)
Moving, flashing, or animated signs including but not limited to searchlights, streamers and spinners;
(B)
Inflatable signs, such as, but not limited to, balloons, gas inflated signs or similar inflated signs;
(C)
Portable signs, except for sidewalk signs as allowed in 40.14.110.G (Sidewalk Sign);
(D)
Cabinet signs;
(E)
Vinyl materials on signs within twenty-five feet of the sidewalk, except window signs; and
(F)
Outdoor image projections (signs projected from an external light source onto a building or structure) or any other similar devices.
(f)
Illumination. Where allowed, illumination is required to be indirect (e.g. gooseneck fixtures) holo-lit, reserve-lit letters, logos, or other unique sign features are subject to director review and approval. Box signage and visible raceways are not allowed.
(g)
Upper Story Tenants. Upper story signage for individual tenants or groups of tenants is allowed only on a building directory near the building entrance.
(h)
Overview. This section identifies the sign types allowed in each zone. See Table 40.14.110.A (Overview of Sign Types) for descriptions and reference to standards.
Table 40.14.110.A: Overview of Sign Types | ||||
|---|---|---|---|---|
 | ||||
Zones |  |  | | |
Sign Type | Yard/Porch Sign | Projecting Sign | Awning/Canopy Sign | Wall Sign |
Illustration |  |  |  |  |
Description | 40.14.110.A: Yard/Porch Sign. A sign mounted on a porch or in a yard between the public ROW and the building facade. This sign is pedestrian-scaled and easily read from the sidewalk. | 40.14.110.B: Projecting Sign. A sign mounted perpendicular to a building's facade, by decorative brackets that may allow the sign to swing slightly. This sign is small in size, pedestrian scaled; and easily read along the sidewalk. | 40.14.110.C: Awning/Canopy Sign. A sign on the awning or canopy of a shopfront that is a pedestrian-scaled and is read along the sidewalk or from the other side of the street. | 40.14.110.D: Wall Sign. A sign flat against the facade, consisting of individual cut letters applied directly to the building or painted directly on the surface of the building, and pedestrian-scaled if on the ground floor and larger if on upper stories. Wall signs are placed above shopfronts and run horizontally along the "expression line," entablature of traditional buildings, or decorative cornice or sign band at the top of the building. |
 | ||||
Zones: |  | | | |
Sign Type | Wall Mural Sign | Window Sign | Sidewalk Sign | Directory Sign |
Illustration |  |  |  |  |
Description | 40.14.110.E: Wall/Mural Sign. A sign flat against a secondary facade, typically along a side street, alley, or on the front facade of a maker shopfront or, along the side of a vacant lot or building site. These signs are typically painted directly on the building, pedestrian-scaled if on the ground floor and larger if on upper stories. These signs are intended to be visible from a greater distance and in addition signage on the primary facade at the business entrance. | 40.14.110.F: Window Sign. A sign consisting of individual letters and designs applied directly on the inside of a window. | 40.14.110.G: Sidewalk Sign. A sign that provides secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk. | 40.14.110.H: Directory. A sign that provides a listing of establishments within a building or series of buildings, entrances and parking locations. |
| ||||
Zones: |  | | | |
Sign Type | Changeable Copy Sign | Marquee Sign | Roof Sign | |
Illustration |  |  |  | |
Description | 40.14.110.I: Changeable Copy. A sign that is designed so that characters, letters, numbers, or illustrations can be manually changed or rearranged without altering the face or surface of the sign. | 40.14.110.J: Marquee. A vertically-oriented sign located either along the face where it projects perpendicular to the facade, or at the corner of the building where it projects at a 45 degree angle. These signs may extend beyond the parapet of the building but may also terminate below the cornice or eave. | 40.14.110.K: Roof Sign. A sign on the roof of a six or seven-story building intended for viewing from a distance of one or multiple blocks. These signs are required to have distinctive physical character in exchange for it being mounted on the roof. | |
40.14.110.A: Yard/Porch Sign | ||
|---|---|---|
 | ||
 | ||
1. Description. | ||
A sign mounted on a porch or in a yard between the public ROW and the building facade. This sign is pedestrian-scaled and easily read from the sidewalk. | ||
 | ||
2. Sign Size. | ||
Signable Area | 6 sf max. | |
Width | 36" max. | Ⓐ |
Height | 36" max. | Ⓑ |
Max one sign allowed per building | ||
3. Location. | ||
Clear Height | ||
Mounted on Porch | 6'8" min. | Ⓒ |
Mounted in Yard | 12" min. | |
Overall Height | ||
Mounted in Yard | 5' max | Ⓓ |
Distance from Sidewalk | 24" min. | Ⓔ |
4. Miscellaneous. | ||
Yard/porch signs are allowed within the public ROW. | ||
Illumination shall be in compliance with subsection F (Illumination). | ||
 |  | |
40.14.110.B: Projecting Sign | ||||
|---|---|---|---|---|
 | ||||
 | ||||
1. Description. | ||||
A sign mounted perpendicular to a building's facade, by decorative brackets that may allow the sign to swing slightly. This sign is small in size, pedestrian scaled; and easily read along the sidewalk. | ||||
 | ||||
2. Sign Size. | ||||
Area | 6 sf per side, max.; 12 sf total, max. | Ⓐ | ||
Width | 36" max. | Ⓑ | ||
Height | 36" max. | Ⓒ | ||
Thickness | 4" max.1 | |||
Max one sign allowed per business. | ||||
3. Location. | ||||
Clear Height | 8' min. | Ⓓ | ||
Projection | 4' max. | Ⓔ | ||
4. Miscellaneous. | ||||
Illumination shall be in compliance with subsection F (Illumination). | ||||
|  | |||
Note: | |
1 | Creative signs that have a three-dimensional quality may have a greater thickness subject to director approval. |
40.14.110.C: Awning/Canopy Sign | ||
|---|---|---|
 | ||
 | ||
1. Description. | ||
A sign on the awning or canopy of a shopfront that is a pedestrian-scaled and is read along the sidewalk or from the other side of the street. | ||
 | ||
2. Sign Size | ||
Canopy Sign | ||
Signable Area | 1 sf per linear foot of shopfront, max. | Ⓐ |
Lettering Height | 16" max. | Ⓑ |
Lettering Thickness | 6" max. | Ⓒ |
Sloping Plane Sign | ||
Signable Area | 25% coverage of sloping plane, max. | Ⓓ |
Lettering Height | 18" max. | Ⓔ |
Valance Sign | ||
Signable Area | 75% coverage max. of ⒼX Ⓗ | Ⓕ |
Width | Shopfront width, max. | Ⓖ |
Height | 8" min.; 12" max. | Ⓗ |
Lettering Height | 8" max. | Ⓘ |
Max one sign allowed per business. | ||
3. Location. | ||
Clear Height | 8' min. | Ⓙ |
Signs per Awning | 1 Canopy, or 1 Valance and 1 Sloping Plane, max. | |
4. Miscellaneous. | ||
Only the tenant's store name, logo, and/or address shall be applied to the awning. Additional information is prohibited. | ||
Open-ended awnings are allowed by right. | ||
Vinyl or plastic awnings are not allowed. | ||
Illumination shall be in compliance with subsection F (Illumination). | ||
| | |
40.14.110.D: Wall Sign | |||
|---|---|---|---|
 | |||
 | |||
1. Description. | |||
A sign flat against the facade, consisting of individual cut letters applied directly to the building or painted directly on the surface of the building, and pedestrian-scaled if on the ground floor and larger if on upper stories. Wall signs are placed above shopfronts and run horizontally along the "expression line," entablature of traditional buildings, or decorative cornice or sign band at the top of the building. | |||
 | |||
2. Sign Size. | |||
Signable Area | 1 sf per linear foot of shopfront; width up to 80 sf, max. | Ⓐ | |
Width | Shopfront width, max. | Ⓑ | |
Height | 12" min.; 3' max. | Ⓒ | |
Lettering/Image Width | 75% of signable width, max. | Ⓓ | |
Lettering/Image Height | 75% of signable height or 18" max. (whichever is lesser) | Ⓔ | |
Max one sign allowed per building except on MS-L. | |||
3. Location. | |||
Projection | 8" max. | ||
4. Miscellaneous. | |||
Sign shall not protrude beyond the cornice. | |||
Illumination shall be in compliance with subsection F (Illumination). | |||
|  | ||
40.14.110.E: Wall Mural Sign | ||||||
|---|---|---|---|---|---|---|
 | ||||||
 | ||||||
1. Description. | ||||||
A sign flat against a secondary facade, typically along a side street, alley, or on the front facade of a maker shopfront or, along the side of a vacant lot or building site. These signs are typically painted directly on the building, pedestrian-scaled if on the ground floor and larger if on upper stories. These signs are intended to be visible from a greater distance and in addition signage on the primary facade at the business entrance. | ||||||
 | ||||||
2. Sign Size. | ||||||
Number of Stories | ||||||
1 | 2 | 3-5 | ||||
Signable Area | 1,000 sf max. | 2,000 sf max. | 3,000 sf max. | Ⓐ | ||
Width | Length of facade | Ⓑ | ||||
Height | 15' max. | 25' max. | 30' max. | Ⓒ | ||
Max one sign allowed per building. | ||||||
3. Location. | ||||||
Wall mural signs are to be located on secondary facades. Where the maker shopfront is allowed, the wall mural sign is allowed on the main facade subject to director approval. | ||||||
Projections are not allowed. | ||||||
4. Miscellaneous. | ||||||
Billboards are not considered wall mural signs and are prohibited. | ||||||
The logo of a business may be used as part of a mural subject to the director approval. | ||||||
Illumination shall be in compliance with subsection F (Illumination). | ||||||
 | | |||||
40.14.110.F: Window Sign | |||
|---|---|---|---|
 | |||
 | |||
1. Description. | |||
A sign consisting of individual letters and designs applied directly on the inside of a window. | |||
 | |||
2. Sign Size. | |||
Signable Area per Shopfront Window | 25% max. | Ⓐ | |
Width | 75% max. of width, Ⓦ | Ⓑ | |
Height | 24" max. | Ⓒ | |
Max one sign allowed per business. | |||
3. Location. | |||
Height Above Ground | 5' min. | Ⓓ | |
Window signs shall be applied directly to the inside of the glass. | |||
4. Miscellaneous. | |||
Window signs shall have a clear background. | |||
Illumination shall be in compliance with subsection F (Illumination). | |||
| | ||
40.14.110.G: Sidewalk Sign | |||
|---|---|---|---|
 | |||
 | |||
1. Description. | |||
A sign for ground floor business that provides secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk. | |||
 | |||
2. Sign Size. | |||
Signable Area | 6 sf per side, max. | Ⓐ | |
Width | 24" max. | Ⓑ | |
Height | 36" max. | Ⓒ | |
Max one sign allowed per ground floor business establishment. | |||
3. Location. | |||
Sidewalk signs shall be located within the furniture zone to not interfere with pedestrian travel or encroach upon the required accessible path. | Ⓓ | ||
Sidewalk signs shall only be displayed during business hours and removed when the business is closed. | |||
Sidewalk signs shall be located in front of the building containing the advertised ground floor business. | |||
4. Miscellaneous. | |||
Illuminated signs are not allowed. | |||
Requires minimum sidewalk width of 8 feet. | |||
 | | ||
40.14.110.H: Directory Sign | ||
|---|---|---|
 | ||
 | ||
1. Description. | ||
A sign that provides a listing of establishments within a building or series of buildings, entrances and parking locations. | ||
 | ||
2. Sign Size. | ||
Signable Area | 6 sf max. | Ⓐ |
Max one sign allowed per building. | ||
3. Location. | ||
Height | 8' max. | Ⓑ |
Freestanding directory signs are not allowed. | ||
4. Miscellaneous. | ||
May include the name of the business and address. Shall not include any other words. | ||
Illumination shall be in compliance with subsection F (Illumination). | ||
| | |
40.14.110.I: Changeable Copy Sign | ||||
|---|---|---|---|---|
 | ||||
 | ||||
1. Description. | ||||
A sign that is designed so that characters, letters, numbers, or illustrations can be manually changed or rearranged without altering the face or surface of the sign. | ||||
 | ||||
2. Sign Size. | ||||
Signable Area | Total of 2 square feet per linear foot of shopfront.1 | |||
Height | 3' max. | Ⓐ | ||
Max one sign allowed per business. | ||||
3. Location. | ||||
Clear Height | 8' min. | Ⓑ | ||
Signs per 50' of Street Frontage | 3 max. | |||
Signs may have up to 3 sides when mounted to project from the building. | Ⓒ | |||
4. Miscellaneous. | ||||
Illumination shall be in compliance with subsection F (Illumination). | ||||
 | | |||
Note: | |
1 | Does not apply to signs required by law. |
40.14.110.J: Marquee Sign | |||
|---|---|---|---|
 | |||
 | |||
1. Description. | |||
A vertically-oriented sign located either along the face where it projects perpendicular to the facade, or at the corner of the building where it projects at a 45 degree angle. These signs may extend beyond the parapet of the building but may also terminate below the cornice or eave. | |||
 | |||
2. Sign Size | |||
Signable Area | |||
Width | 24" max. | Ⓐ | |
Depth | 10" max. | Ⓑ | |
Lettering Width | 75% of sign width max. | Ⓒ | |
Max one sign allowed per building. | |||
3. Location. | |||
Clear Height above Sidewalk/Ground | 12' min.1 | ||
Extension above Top of Facade | 10' max. | Ⓓ | |
Projection from Facade | 3' max. | Ⓔ | |
Signs per 200' Street Frontage | 1 max. | ||
Signs must be placed at highest story of building. | |||
4. Miscellaneous. | |||
Only allowed along a street frontage. | |||
Illumination shall be in compliance with subsection F (Illumination). | |||
| | ||
Note: | |
1 | When located over driveways or alleys, minimum clear height of 16'. |
40.14.110.K: Roof Sign | ||
|---|---|---|
 | ||
 | ||
1. Description. | ||
A sign on the roof of a six- or seven-story building intended for viewing from a distance of one or multiple blocks. These signs are required to have distinctive physical character in exchange for it being mounted on the roof. | ||
 | ||
2. Sign Size. | ||
Height | 8' max. | Ⓐ |
Width | 25' max. | Ⓑ |
Max. Signable Area | Ⓐ x Ⓑ | Ⓒ |
Lettering Height | 75% of max. | Ⓓ |
Lettering Thickness | 8" max. | Ⓔ |
Special feature max. 20% of sign, subject to director approval. | Ⓕ | |
Max one sign allowed per building. | ||
3. Location. | ||
Signs per Building | 1 max. | |
4. Miscellaneous. | ||
Only allowed on buildings at least 6 stories tall. | ||
Illumination shall be in compliance with subsection F (Illumination). | ||
| | |
(Ord. 2637, 1/17/2023; Ord. 2674, 3/18/2025)
§ 40.14.120 Downtown Outdoor Dining Program.
(a)
Purpose. The provisions of this section are intended to ensure consistency and equity for all brick-and-mortar restaurants, bars, and other food and drink establishments in the Downtown Specific Plan Area (being all the land within the plan area boundary shown on Exhibit A of Ordinance 2637) that request to construct, install and/or utilize or already utilize specific parts of the public right-of-way, public property, or urban open space for outdoor dining.
(b)
Eligible Public Spaces for Outdoor Dining. Use of the public right-of-way, public property, or urban open space for outdoor dining shall be restricted to sidewalk zones A, C, and D in the Downtown zones as shown in Figure 40.14.120.A: Sidewalk Design Elements.
Figure 40.14.120.A: Sidewalk Design Elements  |
(1)
Zone A: Frontage Zone. The space immediately adjacent to a building that serves the functions of the building. This zone can include building entryways, outdoor dining, or sandwich boards. For the purposes of this section, the Frontage Zone shall have a minimum width that permits a clear opening of the building entryway along the face of the building.
(2)
Zone B: Pedestrian Through Zone. The primary pedestrian travel way running the length of the sidewalk. This zone shall be kept clear of obstructions (both within and immediately adjacent to the zone) to ensure that pedestrians have a safe and adequate place to walk. Pedestrian Through Zones in the downtown zones shall provide a minimum of five feet of clear area, however, wider Pedestrian Through Zones (ten to fifteen feet) are preferred in locations with higher pedestrian volumes.
(3)
Zone C: Furniture Zone. The space between the Pedestrian Through Zone and the curb. This zone typically accommodates street furniture and amenities, as well as green infrastructure elements. For the purposes of this section the Furniture Zone shall have a minimum width that coincides with any existing tree wells.
(4)
Zone D: Enhancement Zone: The space immediately next to the sidewalk and can accommodate a variety of uses including parklets, bicycle facilities, and green infrastructure. For the purpose of this section, the Enhancement Zone shall not exceed the minimum area needed to provide emergency vehicles access.
(c)
Design Standards. All furnishings placed in the eligible public spaces for outdoor dining described in subsection (b) shall be consistent with the provisions set out in the Downtown Outdoor Dining Furnishing Standards and Guidelines, which shall be adopted by resolution of the city council.
(d)
License Agreement. All parties must enter into a Downtown Outdoor Dining License Agreement with the city to utilize any portion of a public right-of-way, public property, or urban open space for outdoor dining in the downtown zones. The city manager is hereby permitted to enter into revocable license agreements with private parties for the purposes of this section.
(e)
Existing Permits or Agreements for Outdoor Dining. To the extent permitted by law, all agreements entered into before the effective date of the ordinance codified in this section that permit the construction, installation, and/or operation of an outdoor dining area in specific parts of the public right-of-way, public property or urban open space in the Downtown Zones shall expire on July 1, 2026.
(Ord. 2668, 11/12/2024)