For the purposes of this article, the city is hereby divided into districts as follows:

R-1A, Low density residential district;

R-1B, Medium density residential district;

R-C, Cluster residence district;

R-TH, Townhouse residence district;

R-M, Multifamily residential district;

T-1, Transitional district;

T-2, Transitional district;

B-1, Limited business district;

B-2, Central business district;

B-3, General business district;

M-1, Light industry district;

O-D, Official design district;

FP, Floodplain district;

HCC, Historic and cultural conservation district.

(Code 1973, § 81-30; Code 1982, § 38-14; Ord. No. 666)

(a)

The boundaries of the several districts created herein are hereby established as shown on the official zoning district map of the city, which map and all the notations, references and other matters shown thereon shall be and are hereby made a part of this chapter. Such map, properly signed and attested, shall be and remain on file in the office of the zoning administrator, and a certified copy shall be filed in the office of the city clerk.

(b)

The district boundaries shown on the official zoning district map are intended to follow lot lines, property lines, or street centerlines or alleys as they existed at the time of adoption of the ordinances from which this chapter is derived. Except, where a district boundary obviously does not follow any such line, and is not defined by dimensions or other means, it shall be determined by scaling.

(c)

In case any territory has not been clearly included within one or more of the districts established herein, or in case any territory is annexed to or otherwise becomes a part of the incorporated area of the city, such territory shall be deemed to be classified in the R-1A district, until otherwise classified by amendment as provided herein.

(d)

The official zoning district map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions which apply to the property in question, in addition to the specific and general regulations set forth in this chapter.

(Code 1973, § 81-31; Code 1982, § 38-15; Ord. No. 894)

The R1-A, low density residential district shall be comprised generally of land designated for low-density residential use on the adopted master plan. This district is created for the purposes of maintaining the single-family residential character of the city, preserving the integrity of residential neighborhoods, meeting the residential needs of the population, preserving attractive residential open space and providing space for natural landscaping.

(Code 1973, § 81-32; Code 1982, § 38-16(a); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006)

Principal uses permitted by right in the R-1A, low density residential district are as follows:

(1)

One-family dwellings.

(2)

Churches, parish houses, parochial schools and similar religious facilities.

(3)

Public parks, playgrounds, community centers, libraries, museums and schools and similar public facilities.

(4)

Water and sewage pumping stations and water supply reservoirs owned by the city or a public water authority.

(5)

Gardens.

(6)

Group homes for no more than eight individuals as defined in section 48-2.

(Code 1973, § 81-32; Code 1982, § 38-16(b); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006; Ord. No. 1911, 11-25-2013; Ord. No. 1991, 12-18-2018)

State Law reference— Special use permit for certain residential uses prohibited, Code of Virginia, § 15.2-2288.1; group homes, Code of Virginia, § 15.2-2291; family day homes, Code of Virginia, § 15.2-2292.

Conditional uses permitted by special use permit in the R-1A, low density residential district are as follows:

(1)

Private schools, special schools or day care facilities complying with the provisions of the state code.

(2)

Telephone exchanges and other public utility buildings and structures necessary to the furnishing of service in the vicinity, but not public business offices and storage, repair or maintenance buildings or yards.

(3)

Private clubs, lodges, and recreational or community facilities, none of which shall be of commercial nature.

(4)

Cemeteries.

(5)

Hospitals for human care.

(6)

Residential institutions, including, but not limited to, rest homes, nursing homes, convalescent homes, orphanages and similar uses, except a secure or detention facility, which shall mean a public or private locked residential facility which has construction fixtures designed to prevent escape and to restrict the movement and activities of persons held in lawful custody.

(7)

Amateur radio or amateur television stations or citizens band transmitters, except any transmitters that cause radio or television interference off the property within normal bands of FM or AM commercial broadcasting.

(8)

Museums, other than those permitted by right.

(9)

Group homes, not otherwise permitted by right above.

(10)

Major home occupation as an accessory use to a one-family dwelling.

(11)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(12)

A bed and breakfast establishment in accordance with the following requirements and consistent with the public health, safety and welfare:

a.

The bed and breakfast establishment shall be permitted in a single-family home that shall be located on a state-classified principal or minor arterial street, as identified in the comprehensive plan and/or a single-family home that shall be a designated structure under the historical and cultural conservation district.

b.

The home shall be at least 2,500 square feet in size.

c.

No more than five rented rooms shall be permitted.

d.

No more than two adult occupants shall be permitted per room, but there are no limitations on minor children.

e.

The habitable floor area of the bed and breakfast establishment, excluding the kitchen facilities, shall not exceed one-half the habitable floor area of the principal dwelling unit.

f.

One off-street parking space shall be required for each bed and breakfast bedroom in addition to the parking required for the principal dwelling unit. Stacked parking spaces shall be permitted

g.

Parking shall be screened from adjacent residential uses.

h.

One sign, not exceeding three square feet, consistent with section 48-1264(a)(4) shall be permitted.

i.

Breakfast shall be the only meal served.

j.

Maximum length of stay shall be limited to 14 days in any 30-day period.

k.

The owner/operator shall keep a guest register including the names, addresses and states of occupancy of all guests.

l.

The home shall be occupied by an owner. In the event the occupying owner dies, the special use permit for the bed and breakfast establishment shall expire 180 days from the date of the owner's death, unless within this 180-day period the new owner also occupies the home and states in writing to the zoning administrator that he wants to continue the bed and breakfast use under the terms of the existing permit.

m.

One employee, other than resident family members, may be permitted.

n.

When the ownership of the property changes, the special use permit shall expire 90 days from the date on which ownership changes, unless within this 90-day period the new owner also occupies the home and states in writing to the zoning administrator that the new owner wants to continue the bed and breakfast establishment under the terms of the existing permit.

o.

The plans for each bed and breakfast establishment shall be reviewed and the site of the proposed unit shall be inspected by the city prior to approval, for compliance with city ordinances pertaining to construction, plumbing, wiring, fire safety, solid waste, utilities, fire suppression, and the like.

p.

The maximum number of persons permitted to occupy the bed and breakfast establishment shall be determined by the building official, based upon the occupancy limits of applicable housing codes.

(Code 1973, § 81-32; Code 1982, § 38-16(c); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006; Ord. No. 2088, 4-14-2025)

State Law reference— Special use permit for certain residential uses prohibited, Code of Virginia, § 15.2-2288.1, group homes, Code of Virginia, § 15.2-2291; family day homes, Code of Virginia, § 15.2-2292.

Permitted accessory uses in the R-1A, low density residential district are as follows:

(1)

Private parking and parking of noncommercial private vehicles incidental to the principal use; parking of commercial vehicles, as defined in section 20-14, while actually loading or unloading and parking of commercial vehicles incidental to repairs or alterations actually in progress at the time of such parking; provided, however, nothing contained here shall prohibit the parking of one commercial vehicle in a garage; and provided further that the space in any garage of one- or two-car capacity may be rented to nonresidents of the property for garaging of noncommercial private motor vehicles, or not more than one commercial vehicle. Vehicle use areas shall comply with article V, division 2 of this chapter.

(2)

Private swimming pools and tennis courts, when fenced or screened from adjacent properties.

(3)

Any artificial outdoor light source and accompanying structural support. All light sources and structural supports existing, installed or maintained shall be subject to regulation by chapter 14, article IV, pertaining to outdoor lighting.

(4)

Private gardens, decks, terraces, greenhouses, storage buildings, garages, air conditioning units, heat pumps, canopies, and similar uses and structures.

(5)

Minor home occupations.

(6)

Child care in the home, other than child care activities controlled by the state code or by chapter 8 of this Code.

(7)

Electric and telecommunications equipment designed for residential service.

(8)

Solar energy equipment designed to serve the premises only.

(9)

One accessory dwelling, as regulated in article V, division 12.

(Code 1973, § 81-32; Code 1982, § 38-16(d); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006; Ord. No. 2088, 4-14-2025)

Conditions applying to permitted uses in the R-1A, low density residential district are as follows:

(1)

Minimum lot area.

a.

For one-family dwellings: 11,250 square feet. For a pipestem lot, the minimum required lot area shall be calculated by excluding any portion of the lot between the front lot line and the building setback line which is less than 30 feet in width, the width being determined by a line which is perpendicular to any side lot line. Only two new pipestem lots shall be permitted to be subdivided from any existing lot.

b.

For all other uses except major home occupations, 20,000 square feet.

(2)

Minimum lot width.

a.

For one-family dwellings: 75 feet. Any pipestem lot used for a dwelling shall be at least 15 feet in width, between the front lot line and the building setback line; provided, however, that the 15-foot-wide area required herein may be shared equally by two adjacent pipestem lots.

b.

For all other uses, 100 feet.

(3)

Minimum yard requirements.

a.

For one-family dwellings: 30 feet for front yard, 15 feet for side yard and 40 feet for rear yard, for all lots except pipestem lots. For a pipestem lot, each minimum required yard shall be equal either to the abutting minimum required yard for a one-family dwelling on the abutting property or to the minimum yard required by these regulations, whichever is greater.

b.

For all other principal or conditional uses: 30 feet for front yard, 25 feet for side yard, and 40 feet for rear yard.

c.

For buildings containing only accessory uses: 30 feet for front yard, three feet for side yard, and three feet for rear yard, except detached accessory dwellings, for which minimum yard requirements are regulated by article V, division 12.

d.

One-family principal dwellings shall be located so that the front of the dwelling is oriented toward the front setback and street; the side of the dwelling toward the side setback and the rear of the dwelling toward the rear setback. The planning commission may grant a waiver to this provision, if such a waiver is based on a finding of compatibility with surrounding properties.

(4)

Maximum building height.

a.

For residential use: the lesser of 35 feet or 2½ stories.

b.

For all other principal or conditional uses: the lesser of 45 feet or three stories.

c.

For buildings containing only accessory uses: 12 feet, except as permitted by the HCC district subsection 48-792(6), except detached accessory dwellings, for which maximum height requirements are regulated by article V, division 12.

(5)

Maximum lot coverage by all buildings.

a.

For residential use: 25 percent.

b.

For other uses: 30 percent.

(6)

Maximum impervious lot coverage shall be 35 percent, subject to the following provisions:

a.

For purposes of calculating impervious lot coverage, uncovered driveways, walks and patios using pervious materials shall be reduced by up to 25 percent of the entire pervious surface area.

(Code 1973, § 81-32; Code 1982, § 38-16(e)(1)—(5); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006; Ord. No. 1915, 3-24-2014; Ord. No. 2088, 4-14-2025)

Principal and conditional uses in the R-1A, low density residential district shall comply with the applicable standards contained in and article V, division 8 of this chapter.

(Code 1973, § 81-32; Code 1982, § 38-16(e)(6); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006)

For additional requirements as to height, lot, yard, and related regulations in the R-1A, low density residential district, see article V, division 6 of this chapter.

(Code 1973, § 81-32; Code 1982, § 38-16(e)(7); Ord. No. 789; Ord. No. 908; Ord. No. 987, 11-9-1981; Ord. No. 1039, 2-28-1983; Ord. No. 1084, 10-9-1984; Ord. No. 1142, 6-23-1986; Ord. No. 1338, 12-10-1990; Ord. No. 1632, 2-8-1999; Ord. No. 1721, 6-10-2002; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-16, 8-14-2006)

(a)

The purpose of this section is to help address the changing composition of households in the city and to provide more diverse housing choices for different segments of the population in the city, and to allow high quality infill development that serves these different needs, but is compatible with surrounding areas and existing neighborhoods because it is more dense but reduced in bulk. Cottage development is planned, through unified control of the entire site, to provide benefits to the residents through community amenities, and a sense of community through design of buildings and the site, including common open space, and parking areas. To achieve these purposes, the city council may, where it finds the following requirements and standards are met and that a need exists for housing for a particular population, approve a special exception to allow cottage development as described in section 48-90 of this chapter.

Where a cottage development is proposed, to be developed under unified control, through ownership or a condominium association, homeowners' association or similar mechanism, and meets the following requirements, it may be approved by city council.

(1)

The site area is at least 45,000 square feet (equivalent of four R-1A lots), and any lot divisions within the site are removed by subdivision within 90 days or such other reasonable amount of time as is approved by city council. In the event the applicant fails to consolidate the lots on the site within the time required by city council, any cottage development approval shall be null and void.

(2)

The proposed development has a density of no more than the amount of the total site size divided by 10,000 multiplied by two. Only whole units, rounded down, permitted by the calculation may be constructed. Example for a site totaling 45,000 square feet: 45,000 ÷ 10,000 = 4.5 x 2.0 = 9; however, for 48,000 square feet: 48,000 ÷ 10,000 = 4.8 x 2.0 = 9.6, which allows nine units. No more than 18 dwelling units may be constructed in a single cottage housing development.

(3)

The site is not occupied by any structure that has been designated as an historic structure pursuant to city Code section 48-788, unless final approval for the demolition or razing of such structure has been approved pursuant to the city Code and Virginia law.

(4)

Dwelling units shall be detached, except that two dwelling units in any proposed cottage development may be constructed as semi-detached, after city council finds that including such semi-detached units will better serve the purposes of cottage development as set forth above. Every dwelling unit shall have a maximum gross floor area of 1,000 square feet on the main level and may include one upper level of no more than 50 percent of gross floor area of main level. The square feet of required porches shall not be included in the floor area calculation.

(5)

No building in the proposed development will exceed 1½ stories or be more than 25 feet in height. No basement or crawl space with an average floor to ceiling height of more than 4½ feet in height will be permitted.

(6)

Each dwelling unit shall be equipped with sprinklers or otherwise equipped with a fire suppression system approved by the fire marshal as adequate to suppress a fire.

(7)

Lot coverage. The cottage housing development shall have a maximum building coverage of 25 percent and a maximum impervious surface coverage of 35 percent. Up to an additional five percent of building coverage may be approved where solar or green roof components are incorporated in the development, and such roof components occupy an area that is at least equal to the area of additional building coverage.

(8)

Low impact design. All roof gutters and parking area runoff shall discharge into rain barrels, vegetated swales, underground storage containers, rain gardens, or other preferable infiltration-based or retention-based systems, designed and sized appropriately to capture, at a minimum, the first inch of rainfall and to prevent runoff to a public street or an abutting property. Additional, low impact development techniques, including but not limited to, pervious paving in parking area and/or walkways, and green or living roofs should be used. In addition, developers are encouraged to incorporate net zero energy impact elements as much as possible.

(9)

The proposed development will provide a variety of building designs through building elements, features and treatments. The following building design requirements must be met, at a minimum:

a.

Each dwelling unit shall have a porch with a length that is at least 50 percent of the length of the façade along which it runs and a minimum depth out from that wall of five feet. Porches may be roofed and screened, but shall not be enclosed by walls or glass windows.

b.

Street facing facades and those facing common or community areas shall avoid blank walls and incorporate one or more of the following:

1.

Changes in exterior material and paint color;

2.

Windows which may include bay windows; and/or

3.

Building modulation with a depth measuring at least one foot.

(10)

Units and other buildings shall be oriented toward each other or a common area as far as reasonably practicable so as to create a sense of community.

(11)

The proposed development shall provide community amenities for use by all residents in the development, as follows:

a.

A minimum of 400 square feet of common open space per dwelling unit is required. Parking areas, yard setbacks, spaces between buildings of 12 feet or less in width, private open space, and driveways do not qualify as common open space.

b.

If the proposed development includes a guest house, club house or similar structure ("community building"), such community building shall be available for the common use of all residents within the development. Community buildings may include a meeting room, guest room (which shall not include the kitchen facilities) for stays of 14 days or less, or kitchen facilities to facilitate social functions of the association owners. A community building that is available to all residents shall not be counted as a dwelling unit and no guest staying there shall be a city resident by virtue of staying there.

c.

The proposed development shall have sidewalks along all public streets adjacent to the development where sidewalks presently exist on the same side of the block or where safety considerations such as significant vehicular traffic or the need for safe pedestrian pathways to nearby public uses require them, such as schools, churches, parks, public transportation stops, and shopping; and a system of interior walkways that connects each cottage to the others and the parking area, and to the sidewalks abutting adjacent public streets, where applicable.

(12)

The cottage housing development shall comply with zoning ordinance sections 48-1147 and 48-1149 or provide similar assurance, approved by city council, that the site and all landscape will be maintained. The development shall also comply with section 48-1180 for tree canopy coverage.

(13)

The proposed development shall provide vehicle access and parking as follows:

a.

Vehicle access to the site shall be by no more than two driveways, each of which has a curb cut not less than 20 feet wide. Vehicle access within the site shall be by a private driveway or street not less than 20 feet in width and constructed of materials sufficient to bear the weight of emergency vehicles. No parking or other obstructions may be allowed on such private streets, which shall meet requirements of the fire marshal for additional width and vehicle access to accommodate emergency vehicles.

b.

Off-street parking shall be provided as follows: at least one parking space per dwelling unit plus 0.25 spaces per dwelling unit for guest use.

c.

Vehicle parking shall be clustered in one or two locations and screened from adjacent properties and public streets as described below in minimum yard requirements.

d.

All streets in the development shall be private and shall be maintained by the association or other owner.

e.

All vehicle parking generated by the site shall be hosted entirely on the site.

f.

The site shall include authority for the police department, at its option, to enforce no parking on any private street within the development.

(14)

Minimum yard requirements.

a.

The cottage housing development shall provide a common area landscape buffer not less than 20 feet in depth adjacent to the public street from which it is accessed, and from abutting properties by a common area landscape buffer not less than ten feet in depth, and containing such trees, shrubs, plantings and/or fences as necessary to satisfy the provisions of section 48-1183 for buffer types A or B. No drive aisles, roads, vehicle parking or buildings shall be located within the required landscape buffers.

b.

For dwellings units and community buildings (i.e., community guest houses, club houses): 20 feet from a public right-of-way, ten feet from a side property line, 20 feet from a rear property line; provided however, that where the cottage housing development site is adjacent to a residential zoning district, side yard setbacks for dwelling units or community buildings shall be increased from ten to 15 feet to provide sufficient space for the landscape buffer. Semi-detached dwelling units shall be treated as one structure for the purpose of establishing minimum yard requirements. Distances between dwelling and structures shall meet all applicable requirements in fire and life safety codes.

c.

Projections into yards: Bay windows, box windows, chimneys and similar architectural features, and cantilevers not more than one-third of the wall length may project not more than three feet into any required yard. Stoops, porches, decks and patios may be provided as shown, with dimensions and locations, on a site plan approved by the planning commission.

(15)

Accessory structures.

a.

Detached garages are not permitted except when provided in a common area other than the required perimeter landscape buffer, either as part of the approved site plan or when added later by way of a site plan amendment.

b.

Garages shall not be converted to any use other than vehicle storage.

(16)

Neither detached sheds, nor other accessory structures are permitted, unless used by the association.

(17)

Interior fences shall be no taller than 36 inches.

(b)

In order to achieve the purposes set forth above, and/or enable a proposed development to meet the criteria of this section 48-241, the city council may modify other requirements of this division 2, section 48-241 for the cottage development.

(c)

The city council may approve a cottage development where it finds the development, based on the site and building designs, any condominium or homeowner documents or voluntary conditions agreed to by the applicant, and any other materials that are found by the city council reasonably to bind the development into the future, meets the criteria set forth in section 48-90 of this chapter.

Be it further ordained that the city adopt the ordinance codified in this section as a pilot program with the following restrictions: a) no more than one special exception may be approved pursuant to this section 48-241 per calendar year; b) applications will be accepted and processed in the order in which complete applications are delivered to the city; no applications will be accepted until prior applications have been withdrawn, approved, or denied; and c) within three years of enactment of the ordinance codified in this section, the city manager will bring to city council an analysis of applications, approvals and projects, with a recommendation for continuation, amendment, or repeal of this section.

(Ord. No. 1966, 2-13-2017)

The R-1B, medium density residential district shall be comprised generally of land designated for medium density residential use on the adopted master plan. This district is created for the purpose of maintaining the residential character of the city, preserving the integrity of residential neighborhoods, and meeting the residential needs of the population.

(Code 1973, § 81-34; Code 1982, § 38-17(a); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006)

Principal uses permitted by right in the R-1B, medium density residential district are as follows:

(1)

Any principal use permitted in the R-1A district.

(2)

Two-family dwellings.

(Code 1973, § 81-34; Code 1982, § 38-17(b); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006)

Conditional uses permitted in the R-1B, medium density residential district are as follows:

(1)

Any conditional use permitted in the R-1A district.

(2)

Prenatal and early infant care counseling and support facility provided the following conditions are met:

a.

The use must be immediately across a public street from property zoned T-1.

b.

The building shall have the appearance of a single-family, detached dwelling and be compatible with its immediate surroundings.

c.

The use shall be at least 300 feet from any other prenatal and early infant care counseling and support use in that residential zone.

d.

The use shall meet all conditions imposed by the board of zoning appeals, including, but not limited to:

1.

Parking; its location, which could be off site; and amount of spaces;

2.

Hours of operation;

3.

Unusual landscaping requirements for buffering purposes.

e.

The facility shall be operated by a tax exempt organization as defined in Code of Virginia, § 58.1-3650 et seq., which makes extensive use of volunteers in carrying out its program.

(Code 1973, § 81-34; Code 1982, § 38-17(c); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006; Ord. No. 2088, 4-14-2025)

Permitted accessory uses in the R-1B, medium density residential district shall be any accessory use permitted in the R-1A district.

(Code 1973, § 81-34; Code 1982, § 38-17(d); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006)

Conditions applying to permitted uses in the R-1B, medium density residential district are as follows:

(1)

Minimum lot area.

a.

For one-family dwellings: 7,500 square feet. For a pipestem lot, the minimum required lot area shall be calculated by excluding any portion of the lot between the front lot line and the building setback line which is less than 30 feet in width, the width being determined by a line which is perpendicular to any side lot line. Only two new pipestem lots shall be permitted to be subdivided from any existing lot.

b.

For two-family dwellings: 12,000 square feet, or a minimum of 6,000 square feet for each dwelling unit.

c.

For all other uses: 20,000 square feet.

(2)

Minimum lot width.

a.

For one-family dwellings: 60 feet. Any pipestem lot used for a dwelling shall be at least 15 feet in width, between the front lot line and the building setback line; provided, however, that the 15-foot-wide area required herein may be shared equally by two adjacent pipestem lots.

b.

For two-family dwellings: 100 feet.

c.

For all other uses: 100 feet.

(3)

Minimum yard requirements.

a.

For one-family dwellings: 25 feet for front yards, ten feet for side yards and 30 feet for rear yards, for all lots except pipestem lots. For a pipestem lot, each minimum required yard shall be equal either to the abutting property or to the minimum yard required by these regulations, whichever is greater.

b.

For two-family dwellings: 25 feet for front yards, ten feet for side yards and 30 feet for rear yards, except that a two-family dwelling may be placed on two contiguous lots with the party wall over the common boundary; in this case, the minimum yard requirements shall apply to all yards, except the yards adjacent to the common boundary.

c.

For all other principal or conditional uses: 25 feet for front yards, 20 feet for side yards and 40 feet for rear yards, except for accessory dwellings, for which minimum yard requirements are regulated by article V, division 12.

d.

One-family principal dwellings shall be located so the front of the dwelling is oriented toward the front setback and street; the side of the dwelling toward the side setback and the rear of the dwelling toward the rear setback. The planning commission may grant a waiver to this provision, if such a waiver is based on a finding of compatibility with surrounding properties.

(4)

Maximum building height.

a.

For residential use: the lesser of 35 feet or 2½ stories.

b.

For all other principal or conditional uses: the lesser of 45 feet or three stories.

c.

For buildings containing only accessory uses: 12 feet, except as permitted by the HCC district, except for detached accessory dwellings, for which maximum height requirements are regulated by article V, division 12.

(5)

Maximum lot coverage by all buildings.

a.

For residential use: 25 percent.

b.

For other uses: 30 percent.

(6)

Maximum impervious lot coverage shall be 35 percent, subject to the following provisions:

a.

For purposes of calculating impervious lot coverage, uncovered driveways walks and patios using pervious materials shall be reduced by up to 25 percent of the entire pervious surface area.

(Code 1973, § 81-34; Code 1982, § 38-17(e)(1)—(5); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006; Ord. No. 1915, 3-24-2014; Ord. No. 2088, 4-14-2025)

Principal and conditional uses in the R-1B, medium density residential district shall also comply with the applicable standards contained in section 48-867.

(Code 1973, § 81-34; Code 1982, § 38-17(e)(6); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006)

For additional requirements as to height, lot, yard, and related regulations in the R-1B, medium density residential district, see article V, division 8 of this chapter.

(Code 1973, § 81-34; Code 1982, § 38-17(e)(7); Ord. No. 987, 11-9-1981; Ord. No. 999, 2-22-1982; Ord. No. 1039, 2-28-1983; Ord. No. 1261, 4-25-1989; Ord. No. 1632, 2-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1792, § 38-17, 8-14-2006)

The R-C, cluster residence district shall be comprised generally of and designated for residence-cluster use on the adopted master plan. This district is created for the purposes of stabilizing and improving the residential character of the city and meeting the residential needs of the population. The cluster residence district is intended to provide for creativity in residential design in a manner that will be compatible with adjacent uses such as detached housing, apartments or commercial developments. The cluster residence district may serve as a transition between commercial and low density residential areas as well as serve as a housing alternative in its own right. Cluster residence developments shall be designed to maximize use of existing trees and to provide convenient parking and common open space for the use of the residents.

(Code 1973, § 81-35; Code 1982, § 38-18(a); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, § 2, 10-10-1989; Ord. No. 1766, 9-13-2004)

Principle uses permitted by right in the R-C, cluster residence district are as follows:

(1)

Any principal use permitted and as regulated in the R-1A district.

(2)

Two-family dwellings, as regulated in this division.

(3)

Townhouses, as regulated in this division.

(Code 1973, § 81-35; Code 1982, § 38-18(b); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, § 2, 10-10-1989; Ord. No. 1766, 9-13-2004)

Conditional uses permitted in the R-C, cluster residence district are as follows: satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(Code 1973, § 81-35; Code 1982, § 38-18(c); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, § 2, 10-10-1989; Ord. No. 1766, 9-13-2004)

Permitted accessory uses in the R-C, cluster residence district are as follows:

(1)

Private parking and parking of noncommercial private vehicles incidental to the principal use; parking of commercial vehicles, as defined in section 20-14, while actually loading or unloading and parking of commercial vehicles incidental to repairs or alterations actually in progress at the time of such parking; provided, however, nothing contained here shall prohibit the parking of one commercial vehicle in a garage; and provided further that the space in any garage of one- or two-car capacity may be rented to nonresidents of the property for garaging of noncommercial private motor vehicles, or not more than one commercial vehicle. Vehicle use areas shall comply with article V, division 2 of this chapter.

(2)

Private swimming pools and tennis courts, when fenced or screened from adjacent properties.

(3)

Any artificial outdoor light source and accompanying structural support. All light sources and structural supports existing, installed or maintained shall be subject to regulation by chapter 14, article IV, pertaining to outdoor lighting.

(4)

Private gardens, decks, terraces, greenhouses, storage buildings, garages, air conditioning units, heat pumps, canopies, and similar uses and structures.

(5)

Minor home occupations.

(6)

Child care in the home, other than child care activities controlled by the state code or by chapter 8 of this Code.

(7)

Electric and telecommunications equipment designed for residential service.

(8)

Solar energy equipment designed to serve the premises only.

(Code 1973, § 81-35; Code 1982, § 38-18(d); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, § 2, 10-10-1989; Ord. No. 1766, 9-13-2004; Ord. No. 2088, 4-14-2025)

(a)

The minimum gross site area for an R-C, cluster residence district shall be three acres (130,680 square feet) prior to any dedications of property for public use and must have at least one side contiguous to land zoned other than R-1A, R-1B or O-D. An additional area of at least three acres may be added to an existing R-C district, provided such an area is shown for such use on the adopted master plan, and provided it is contiguous to the existing R-C district. The development of the added area shall be compatible with the existing district in terms of architecture, landscape design, and site layout; and shall be compatible in terms of setbacks, landscaping, building heights, and massing of buildings with any adjacent development within an R-1A and R-1B districts.

(b)

An R-C district shall have at least 50 feet of continuous frontage on a single public street.

(c)

Development may take place on single lots with one dwelling on each, or as a single parcel, or as a combination of the above, pertaining to owners associations, shall apply to any development involving condominiums, cooperatives, homeowners' associations or other similar forms of common ownership of real property.

(d)

A maximum density of eight dwellings per acre shall be permitted, based upon the gross site area.

(e)

Coverage shall include the dwellings and accessory structures and shall not exceed 20 percent of the gross site area, and together with all vehicular parking areas and travelways shall not cover in the aggregate more than 50 percent of the gross site area.

(f)

All structures shall be sited behind a setback line 25 feet from any public street right-of-way.

(g)

Side and rear building setbacks on the perimeter of the development shall be at least 20 feet.

(h)

Dwellings shall have a maximum height of 35 feet and no more than three stories.

(i)

No individual dwelling shall have a driveway opening directly onto a public street except where such street is a local street, as defined by the major thoroughfare plan, and where such driveway would not be hazardous.

(j)

Streets within the development shall be public and shall be planned and constructed to meet the minimum public street standards of the city for streets within R-C developments as adopted by the planning commission, unless such requirement is waived by the planning commission.

(k)

A landscaped strip of at least ten feet in width shall be provided along the side and rear boundaries of the development in accordance with the requirements of article V, division 8. Trees, shrubs, ground cover, a hedge and/or a wall may be required by the planning commission with the advice of the architectural advisory board and the city arborist. The objectives of the landscaping requirement in the R-C district shall be to provide an aesthetically pleasing visual transition from one residential property to another, buffering of lower density districts, buffering and screening of commercial uses, preservation of trees and addition of appropriate shade trees along the street right-of-way. A fenced or walled privacy yard shall not extend into a required landscaped strip.

(l)

Parking lots shall be screened from public streets and adjacent property in accordance with article V, division 8.

(Code 1973, § 81-35; Code 1982, § 38-18(e); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, § 2, 10-10-1989; Ord. No. 1766, 9-13-2004)

The R-TH, townhouse residence district shall be designated exclusively for townhouse dwellings. It is intended to provide an alternative housing style with architectural controls, limited flexibility in site design, and higher densities than permitted in single-family districts. An R-TH district shall be established only on property that has at least one side contiguous to land zoned other than R-1A, R-1B or O-D.

(Code 1982, § 38-19(a); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

Townhouse dwellings in the R-TH, townhouse residence district shall be subject to the following criteria:

(1)

Every townhouse dwelling shall have a minimum lot area of 2,640 square feet.

(2)

Every lot shall have a minimum width of 24 feet for interior lots and 44 feet for corner lots, and 34 feet for end lots within the interior of a block.

(3)

The front yard setback shall be no less than 25 feet.

(4)

The side yard setback for corner lots shall be a minimum of 20 feet. The side yard setback for end lots within the interior of a block shall be a minimum of ten feet.

(5)

The rear yard shall be no less than 40 feet.

(6)

All townhouse dwellings, except end dwellings and those on corner lots, shall occupy the full width of the lot.

(7)

The minimum gross site area shall be three acres (130,680 square feet), prior to any dedications of property for public use. An additional area of at least three acres may be added to an existing R-TH district; provided such an area is shown for such use on the adopted master plan; and provided it is contiguous to the existing R-TH district. The development of the added area shall be compatible with the existing district in terms of architecture, landscape design, and site layout; and shall be compatible in terms of setbacks, landscaping, building heights, and massing of buildings with any adjacent development within an R-1A and R-1B districts.

(8)

In no case shall the lot coverage, including dwelling and accessory structures exceed 40 percent of the building lot.

(9)

A common green area may be provided in lieu of a part of the minimum lot area, subject to the following provisions:

a.

When a common green area is provided, the minimum lot area may be reduced below 2,640 square feet. The reduction in the minimum lot area shall be equal to the total number of square feet in the common green area divided by the number of lots in the project, but in no event may the minimum lot area be reduced below 2,400 square feet.

b.

Where a common green area is provided, the lot coverage specified in subsection (9) of this section may be increased in proportion to the reduction in the minimum lot area, but in no event may the lot coverage including dwelling and accessory structures exceed 44 percent of the building lot.

c.

A common green area may be utilized only for lawns, trees, planting areas, ornamental pools, similar landscaping uses and swimming pools. No part of the common green area may be utilized for automobile driveways or parking areas, for sidewalks, for paved play areas, for other similar paved areas, or for buildings of any type.

d.

Adequate measures, as certified in form and content by the city attorney, must be provided, through deed restrictions or other legally binding arrangements, that ownership of the common green area shall be vested in an association of all of the owners of the townhouses; that it shall remain as a common green area in perpetuity, with suitable restrictions upon its use; and that the necessary funds shall continue to be provided by the owners in perpetuity to cover suitable maintenance of the lawns, trees, shrubs, pools, etc.

e.

It is the intention of the developers of the project to sell the townhouses individually.

(10)

Every townhouse dwelling shall have a minimum gross floor area of 1,500 square feet with a minimum of 750 square feet per floor, exclusive of attic and garage, and exclusive of basements which are more than 50 percent underground.

(11)

Parking spaces for each dwelling may be provided:

a.

Within the lot with entrance from the front and with at least one of the spaces completely enclosed;

b.

On a private access road which is not counted as part of the required minimum 2,640 square feet of lot area; or

c.

Within the lot, with entrance from the rear; provided that an alley used for ingress and egress is not counted as part of the required minimum 2,640 square feet of lot area.

(12)

Townhouse dwellings abutting each other shall have complementary but not identical facade or treatment of materials, predominantly of brick, natural stone or other approved masonry construction.

(13)

There shall be at least four but no more than eight townhouse dwellings continuously connected. There shall be an open space of at least 20 feet between any two such groups of continuously connected buildings.

(14)

No more than two abutting townhouse dwellings shall have the same front yard setbacks. Building setback variations as required shall be at least three feet. Abutting townhouses shall not have a common roofline.

(15)

Soundproof and fireproof walls shall be provided between adjoining dwellings at least up to and including the underside of the roof, as directed by the division of inspections.

(16)

Service areas, such as rear yards, visible from a street, must be screened by not less than a five-foot-high wall of material similar to the adjoining dwelling.

(17)

Each dwelling shall be self-contained as to heating, air conditioning, and utilities.

(18)

Front yard areas shall be provided with lawn and appropriate shrubbery planting, except on areas designated for walks and driveways.

(19)

In addition to compliance with the above criteria, townhouse site plans shall be submitted to the planning commission for approval in accordance with article V, division 7 of this chapter. The site plan shall include a landscaping development plan, which, to the greatest extent possible, shall preserve the natural character of the site and preserve as much mature vegetation as possible.

(20)

The scheme of general development detailed on the approved site plan shall be protected by covenants running with the land as certified in form and content by the city attorney. Such covenants shall vest in the first grantee and inure to the benefit of his heirs, successors or assigns; each of whom shall be specifically eligible to membership in an association of all the owners of townhouses. Such association should address and control matters of common interest including aesthetics and integrity of the common scheme.

a.

It is not intended, however, that the creation of such association shall provide a means of overriding the desire of any townhouse owner to insist upon perpetuation of the scheme of general development.

b.

Such scheme of general development may be modified by a decree of a court where such modification is consonant with modifications in the provisions of this division.

c.

It is specifically intended that such covenants are for the benefit not only of owners of townhouses, but for the city as well, and the city may bring suit to enforce such covenants to maintain and perpetuate the common scheme as depicted on the approved site plan.

(21)

Townhouse dwellings shall not exceed the lesser of three stories or 35 feet in height.

(22)

Streets within the development shall be public and shall be planned and constructed to meet the minimum public street standards of the city for streets within R-C developments, as adopted by the planning commission, unless such requirement is waived by the planning commission.

(23)

A maximum density of ten dwellings per acre shall be permitted, based upon the gross site area.

(Code 1982, § 38-19(b); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

There are no conditional uses permitted by special use permit in the R-TH, townhouse residence district.

(Code 1982, § 38-19(c); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

There are no conditions applicable to permitted uses in the R-TH, townhouse residence district.

(Code 1982, § 38-19(d); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

Accessory uses permitted in the R-TH, townhouse residence district are as follows:

(1)

Gardens (private).

(2)

Lighting (artificial, outdoor).

(3)

Parking (off-street, private).

(4)

Playgrounds (private).

(5)

Swimming pools (private).

(Code 1982, § 38-19(e); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

There are no additional requirements applicable to the R-TH, townhouse residence district.

(Code 1982, § 38-19(f); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

The provisions of this division shall not repeal any other section of this chapter; except, in any conflict between any other provision of this chapter and this division, the provisions of this division shall, as applicable to townhouses, govern.

(Code 1982, § 38-19(g); Ord. No. 1166, 11-24-1986; Ord. No. 1277, § 3, 10-10-1989)

This R-M, multifamily residential district shall be comprised generally of land designated for general residential use on the adopted master plan. This district is created for the purposes of maintaining the residential character of the city and meeting the residential needs of the population by providing apartment homes in a variety of sizes, styles, densities and forms of ownership. The multifamily district is intended to provide creativity in residential design, in locations that are near major transportation services, stores, offices and community facilities.

(Code 1973, § 81-38; Code 1982, § 38-20(a); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999)

Principal uses permitted by right in the R-M, multifamily residential district are as follows:

(1)

Any principal use permitted and as regulated in the R-1B district.

(2)

Multifamily dwellings not exceeding three stories in height, as regulated in this section, and provided that the lawn and planting areas shall be designed by a landscape architect registered in the state.

(3)

Boardinghouses, lodginghouses or roominghouses, as regulated in this division.

(4)

Mixed-use redevelopment, as permitted and regulated in article V, division 5 of this chapter.

(Code 1973, § 81-38; Code 1982, § 38-20(b); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999)

Conditional uses permitted by right in the R-M, multifamily residential district are as follows:

(1)

Any conditional use permitted and as regulated in the R-1A district.

(2)

Multifamily dwellings over three stories in height, but not exceeding six stories or 75 feet, whichever is the lesser; provided, however, that the requirements of section 48-867, supplementary regulations for four- to six-story apartments, in addition to any other requirements which may be stipulated in the special use permit, shall be met.

(3)

Principal uses permitted in the B-1, limited business district, when conducted only on the basement and/or first floor level of a multifamily dwelling over three stories high, and only when working, access, security, health, and safety requirements can be satisfied.

(4)

Interior accessory dwelling, as regulated in chapter 48, article V, division 12.

(Code 1973, § 81-38; Code 1982, § 38-20(c); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999; Ord. No. 2088, 4-14-2025)

Permitted accessory uses in the R-M, multifamily residential district are as follows:

(1)

Private parking and parking of noncommercial private vehicles incidental to the principal use; parking of commercial vehicles, as defined in section 20-14, while actually loading or unloading and parking of commercial vehicles incidental to repairs or alterations actually in progress at the time of such parking; provided, however, nothing contained here shall prohibit the parking of one commercial vehicle in a garage; and provided further that the space in any garage of one- or two-car capacity may be rented to nonresidents of the property for garaging of noncommercial private motor vehicles, or not more than one commercial vehicle. Vehicle use areas shall comply with article V, division 2 of this chapter.

(2)

Private swimming pools and tennis courts, when fenced or screened from adjacent properties.

(3)

Any artificial outdoor light source and accompanying structural support. All light sources and structural supports existing, installed or maintained shall be subject to regulation by chapter 14, article IV, pertaining to outdoor lighting.

(4)

Private gardens, decks, terraces, greenhouses, storage buildings, garages, air conditioning units, heat pumps, canopies, and similar uses and structures.

(5)

Minor home occupations.

(6)

Child care in the home, other than child care activities controlled by the state code or by chapter 8 of this Code.

(7)

Electric and telecommunications equipment designed for residential service.

(8)

Solar energy equipment designed to serve the premises only.

(Code 1973, § 81-38; Code 1982, § 38-20(d); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999; Ord. No. 2088, 4-14-2025)

Conditions applying to permitted principal uses in the R-M, multifamily residential district are as follows:

(1)

Minimum lot area.

a.

For multifamily dwellings: 43,560 square feet.

b.

For boardinghouses, lodginghouses or roominghouses: 7,500 square feet.

c.

For all other uses: 20,000 square feet.

(2)

Minimum lot width.

a.

For multifamily dwellings: 100 feet.

b.

For boardinghouses, lodginghouses or roominghouses: 60 feet.

c.

For all other uses: 100 feet.

(3)

Minimum yard requirements.

a.

For multifamily dwellings: 25 feet for front yard, 15 feet for side yard and 40 feet for rear yard.

b.

For boardinghouses, lodginghouses or roominghouses: 25 feet for front yard, 18 feet for side yard and 30 feet for rear yard.

c.

For all other uses: 25 feet for front yard, 15 feet for side yard, and 40 feet for rear yard.

(4)

Maximum building height.

a.

For multifamily dwelling: the lesser of 35 feet or three stories.

b.

For boardinghouses, lodginghouses or roominghouses: 35 feet or 2½ stories.

c.

For all other uses: 45 feet or three stories.

(5)

Maximum lot coverage.

a.

For multifamily dwelling: All buildings, including accessory structures, shall not cover in the aggregate more than 25 percent of the lot area and, together with all vehicular parking areas, loading areas and driveways, shall not cover in the aggregate more than 50 percent of the lot area.

b.

For boardinghouses, lodginghouses or roominghouses: All buildings including accessory structures, shall not cover in the aggregate more than 25 percent of the lot area.

c.

For all other uses: All buildings including accessory structures, shall not cover in the aggregate more than 30 percent of the lot area.

(6)

Maximum density. For multifamily dwellings, maximum density shall vary according to the size of the unit, and shall be calculated based on a minimum lot area per dwelling, as follows:

(Code 1973, § 81-38; Code 1982, § 38-20(e); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999)

For additional requirements as to height, lot and yard regulations in the R-M, multifamily residential district, see article V, division 6 of this chapter.

(Code 1973, § 81-38; Code 1982, § 38-20(7); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999)

In any conflict between this division and as applies to mixed-use redevelopments, the provisions of article V, division 5 of this chapter shall govern.

(Code 1973, § 81-38; Code 1982, § 38-20(f); Ord. No. 987, 11-9-1981; Ord. No. 1636, 3-8-1999)

The T-1 transitional district is intended to provide for neighborhood serving commercial uses and a diversity of residential types and unit sizes pursuant to the goals stated in the city's housing chapter of the comprehensive plan. Building and site design within this district should provide for transitions in building heights and intensity of use between commercial districts and single-family detached residential districts.

(Ord. No. 2068, 9-26-2023)

Principal uses permitted by right in the T-1, transitional district are as follows:

(1)

Residential uses on sites not larger than one acre including: (i) one-family dwellings as regulated in the R-1B district provided such uses were legally established on or before July 1, 2023 and such uses have not been discontinued for a consecutive period of more than two years; (ii) townhouses, single-family dwellings, two-family dwellings, triplexes, quadplexes, and multifamily dwellings with a minimum density of 14 units per acre and a maximum density of 34 units per acre and up to 40 (exclusive of those units achieved through the bonus density) units per acre when ten percent of all residential units are made affordable to households of 80 percent AMI or below.

(2)

Public buildings and facilities.

(3)

Churches, parish houses, and similar religious facilities.

(4)

Schools or day care facilities complying with the provisions of the state code.

(5)

Private, noncommercial clubs, lodges, and recreational or community facilities.

(6)

Residential institutions.

(7)

Group homes as defined in section 48-2.

(8)

Professional offices, including medical and dental.

(9)

Clinics for human care.

(10)

Restaurants.

(11)

The following retail business and retail service uses, provided that all business, service, fabrication, preparation or processing shall be conducted entirely within an enclosed building, and that all goods shall be only for retail sale on the premises: bakeries, confectionaries, shoe repair shops, barbershops, beauty salons, clothing stores, studios, antique shops, jewelry stores, florists, photo shops, bookstores, stationary stores, furniture stores and hardware stores.

(12)

Inns, bed and breakfasts.

(Code 1982, § 38-21(a); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1991, 12-18-2018; Ord. No. 2068, 9-26-2023)

Conditional uses permitted by special permit in the T-1, transitional district are as follows:

(1)

Group homes, not otherwise permitted by right.

(2)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(3)

Drive aisles and standing spaces associated with drive-through facilities on adjacent parcels.

(4)

The preparation, processing, assembling, or repair of electronic devices and equipment, including computer systems, communication systems, security systems, fire protection systems, control systems and the like, subject to the requirements established in section 48-487(9); provided that no walk-in retail sales shall be permitted on site.

(5)

Residential uses exceeding 40 units per acre, in accordance with the following bonus density schedule (the percentage of low-income units is calculated on the number of units exclusive of the units achieved through the density bonus):

(6)

For properties fronting onto Park Avenue, commercial uses exceeding 4,000 square feet.

(Code 1982, § 38-21(b); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999; Ord. No. 2068, 9-26-2023)

Conditions applying to permitted uses in the T-1, transitional district are as follows:

(1)

For projects with a residential density of 34 units per acre or less, the maximum average unit size shall be 1,500 square feet. For developments with residential densities higher than 34 units per acre, the maximum average unit size shall be 1,800 square-feet.

(2)

When affordable units are included on-site, every residential unit in the T-1 district shall have a minimum gross floor area of 700 square feet. This minimum shall not apply when no affordable units are included on-site.

(3)

Commercial uses exceeding 4,000 square feet on properties with frontage along Park Avenue shall be conditional uses.

(4)

The commercial use of a structure cannot be converted to a residential use unless the structure meets all of the residential standards.

(5)

In addition to design requirements in other parts of this chapter, the following requirements shall apply to development in T-zones:

a.

Ground floor residential and commercial units that are adjacent to public streets shall have a window and front door oriented to a public street;

b.

Only one curb cut is allowed per street frontage;

c.

No car parking is allowed in the required front yard setbacks;

d.

Structured automobile parking within, above, or below a building shall be screened from view from all public streets using materials and styling consistent with the building façade.

(6)

For projects providing affordable dwelling units in exchange for bonus density, the affordable units will be governed under article VII of this Zoning Ordinance.

(Code 1982, § 38-21(c); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999; Ord. No. 2068, 9-26-2023)

Accessory uses permitted in the T-1, transitional district are as follows: uses which are customarily accessory and incidental to any permitted principal use, including accessory signs subject to the restrictions in article VI of this chapter.

(Code 1982, § 38-21(d); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999)

Editor's note— Ord. No. 2068, adopted Sept. 26, 2023, deleted § 48-397 entitled "Conflicting provisions," which derived from: Code 1982, § 38-21(e); Ord. No. 1382, adopted Nov. 25, 1991; Ord. No. 1477, adopted May 9, 1994; Ord. No. 1559, adopted Nov. 25, 1996; and Ord. No. 1636, adopted Mar. 8, 1999.

Principal uses permitted by right in the T-2, transitional district are as follows:

(1)

Public buildings and facilities.

(2)

Schools or day care facilities complying with the provisions of the state code.

(3)

Clinics for human care.

(4)

Churches, parish houses, and similar religious facilities.

(5)

Professional offices, including medical and dental.

(6)

Private, noncommercial clubs, lodges, and recreational or community centers.

(7)

Residential institutions.

(8)

Group homes for no more than eight individuals as defined in section 48-2.

(9)

Boardinghouses, lodginghouses, or roominghouses.

(10)

Inns, bed and breakfasts.

(11)

Parking lots, subject to site plan review by the planning commission. In transitional districts, parking lots should be designed, landscaped and/or screened in such a way as to minimize excessive traffic in residential areas, glare from headlights, excessive noise, and other concerns as identified by the planning commission.

(12)

Mixed-use redevelopments, as permitted and regulated in article V, division 5 of this chapter.

(Code 1982, § 38-22(a); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1991, 12-18-2018)

Conditional uses permitted by special use permit in the T-2, transitional district are as follows:

(1)

Group homes not otherwise permitted by right.

(2)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(3)

Drive aisles and standing spaces associated with drive-through facilities on adjacent parcels.

(4)

The preparation, processing, assembling, or repair of electronic devices and equipment, including computer systems, communication systems, security systems, fire protection systems, control systems and the like, subject to the requirements established in section 48-487(9); provided that no walk-in retail sales shall be permitted on site.

(Code 1982, § 38-22(b); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999)

There are no conditions applying to permitted uses in the T-2, transitional district.

(Code 1982, § 38-22(c); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999)

Accessory uses permitted in the T-2, transitional district are as follows: uses which are customarily accessory and incidental to any permitted principal uses, including accessory signs subject to the restrictions in article VI of this chapter.

(Code 1982, § 38-22(d); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999)

In any conflict between this division and article V, division 5 of this chapter as applies to mixed-use redevelopments, the provisions of article V, division 5 shall govern.

(Code 1982, § 38-22(e); Ord. No. 1382, 11-25-1991; Ord. No. 1477, 5-9-1994; Ord. No. 1559, 11-25-1996; Ord. No. 1636, 3-8-1999)

Principal uses permitted by right in the B-1, limited business district are as follows:

(1)

Public buildings and facilities.

(2)

Institutions for human care.

(3)

Clinics.

(4)

Hotels, motels.

(5)

Business and professional offices, including medical and dental.

(6)

Offices for medical, dental and optical laboratories and offices for operations devoted exclusively to scientific research.

(7)

Churches, parish houses, and similar religious facilities.

(8)

Restaurants.

(9)

Inns, bed and breakfasts.

(10)

Private, noncommercial clubs, lodges, and recreational or community facilities.

(11)

Museums.

(12)

Group homes for no more than eight individuals as defined in section 48-2.

(13)

Parking lots, subject to site plan review by the planning commission.

(14)

Schools and day care facilities complying with the provisions of the state code.

(15)

The following retail business and service establishments, provided that all business, service, fabrication, preparation or processing shall be conducted entirely within an enclosed building, and that all goods shall be only for retail sale on the premises: Food stores, beverage stores, drugstores, bakeries, confectioneries, self-service laundries, laundry or cleaning depots, shoe repair shops, barbershops or beauty salons, clothing stores, variety stores, gift shops, studios, banks, antique shops, jewelry stores, florists, photo shop, music stores, bookstores or stationery stores, appliance stores, office equipment stores, furniture stores, hardware stores, garden supply stores, mortuaries, department stores, theaters and any other retail and service uses determined by the zoning administrator to be consistent with uses permitted in this subsection.

(16)

Mixed-use redevelopments, as permitted and regulated in article V, division 5 of this chapter.

(Code 1982, § 38-23(a); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1908, 10-28-2013; Ord. No. 1991, 12-18-2018)

Conditional uses permitted by special use permit in the B-1, limited business district are as follows:

(1)

Outdoor display, when incidental to a permitted principal use, subject to the following conditions and any other applicable condition within section 48-172: The purpose of this subsection is to promote pedestrian activity and otherwise enliven the city's commercial districts by permitting outdoor display areas that are accessory to a store's indoor business and that are attractively arranged so as to be appealing to casual shoppers, subject to the following:

a.

If a site plan is on file for this property, the area permitted for the outdoor use shall be shown on a revised plan; or, alternatively, where there is no site plan on file, a plot plan may be substituted which addresses the information required in sections 48-1136 and 48-1137.

b.

The appropriateness of the outdoor use shall be determined by such factors as:

1.

Area and extent of the use compared to the extent of the interior use.

2.

Type and appearance of structures, if any, to be constructed to shelter the outdoor use.

3.

Hours of operation of the outdoor use.

4.

Lighting, noise and other factors affecting adjacent properties.

(2)

Group homes not otherwise permitted by right.

(3)

Adult uses, subject to chapter 48, article V, division 10 and chapter 8, article VII.

(4)

Drug paraphernalia establishments, subject to the following conditions, with it duly noted that nothing contained herein shall be construed in any way to limit the application of any state statute relating to these matters:

a.

Shall be located 1,000 feet or more from residentially zoned or residentially used property.

b.

Shall be located 1,000 feet or more from the lot line of any school, church, park or other property used for recreational, public or eleemosynary purposes.

c.

No two or more locations of these activities shall be closer than 1,000 feet from each other.

(5)

Amusement arcade, as a principal or accessory use, subject to the following conditions:

a.

There shall be at least 1,000 feet between the boundaries of such uses.

b.

Such use shall not be located closer than 1,000 feet to any church or to any school, public or private, that provides education to children under the age of 18, measured from the boundaries of each use.

c.

Such use shall not be located closer than 100 feet to any R district boundary, unless the entrances and parking area for such use are located on the far side of a building from an R district, such that the building completely blocks the line of sight from the R district to the entrances and parking area for such use.

d.

Such use shall be operated in accordance with an operations plan approved by the board of zoning appeals which specifies:

1.

Procedures to preclude gambling, littering and loitering;

2.

The hours of operations;

3.

Number of amusement machines;

4.

Presence of other uses, if any; and

5.

The number of adult attendants on the site during hours of operation.

e.

The size of the arcade, the number of amusement machines, presence of accessory uses or activities, if any, and the hours of operation shall be compatible with and shall not adversely affect the adjacent area, the general safety or the public welfare.

f.

The proposed exterior appearance of the building within which such use is to be located shall be subject to review and recommendation by the architectural advisory board.

g.

Off-street parking for such use shall be provided in the amount of one space per two amusement machines available for use by patrons. In addition, a secure and convenient bicycle rack shall be provided on the site, unless the amusement machines are not available to persons under the age of 18 years.

(6)

Dry cleaning or laundry establishment, other than a depot or self-service laundry; provided that:

a.

The operation of such establishment shall not release hazardous amounts of chemicals into the environment.

b.

Such establishment shall, in terms of its size and the nature of its operations, be compatible with the uses permitted by right in the district in which it is located.

(7)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(8)

The assembling by solder process of miniaturized computer and communications equipment.

(9)

Temporary uses, in anticipation of development or redevelopment of permanent improvements in accordance with the adopted master plan, subject to the following conditions, in addition to any other conditions that may be applicable by virtue of article V, division 7 of this chapter:

a.

The owner or contract-owner (applicant) shall provide with his application, information in writing setting forth the applicant's plans for permanent development. The written statement must also set forth why the proposed temporary use will not impair, impede or delay the plans for permanent development or redevelopment.

b.

Such temporarily use may include one or more of the following activities, conducted indoors or outdoors:

1.

Parking lot.

2.

New vehicle storage lot.

3.

Nursery.

4.

Sale of garden and landscape materials.

5.

Sale of produce and seasonal items, and other similar uses.

c.

A site plan for the temporary use shall be submitted with the application for special use permit. The planning commission may waive or reduce any of the site improvement requirements set forth in article V, divisions 2 and 7 of this chapter, when such waiver or reduction is deemed necessary. Such waiver or reduction shall be clearly related to the temporary nature of the use and shall not adversely affect the public health, safety or welfare.

d.

A special use permit for a temporary use as set forth in this subsection may be granted for up to five years. Approval exceeding an 18-month period shall be based on specific site considerations, including the improvements and/or expenditures necessary for the temporary use. Renewals, in increments of up to five years, may be granted by the board of zoning appeals following recommendation by the planning commission.

(10)

Drive-thru or drive-through facility. For additional supplementary regulations, see section 48-867.

(11)

Temporary shelters, with the following restrictions:

a.

Shelters may operate only on nights between November 1 and March 31.

b.

All persons admitted to shelters must be referred by the intake staff of a licensed county shelter.

c.

No persons can be admitted to shelters after 9:00 p.m., unless accompanied by a member of the staff of a county shelter or a public human services agency or by a local law enforcement officer; every person in a shelter must leave by 8:00 a.m.

d.

Transportation by van or other similar means that is sufficient for all persons admitted must be provided both to and from the shelters.

e.

A total of no more than 30 homeless persons may be served by all shelters in the city on any single night.

f.

No persons who are under the influence of alcohol or drugs can be allowed in the shelters.

g.

All health, safety and fire codes must be met.

h.

Any standards applicable to county shelters with regard to staff/client ratio, level of staff training, procedures for monitoring clients while at the shelter, and resources available for cases of emergency shall also apply as a minimum standard to every shelter in the city.

(12)

Assisted living facilities. For additional supplementary regulations, see section 48-867.

(Code 1982, § 38-23(b); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1846, 6-28-2010; Ord. No. 1908, 10-28-2013)

City council may, by special exception, modify the requirements of this division, for the B-1, limited business district to allow:

(1)

Residential development within mixed-use development projects. The following shall also apply to the residential special exception:

a.

A height bonus of up to 30 feet may be granted by the city council, if the city council determines that the project is exemplary in terms of conformance with the criteria in subsections 48-90(d)(1) and (2); and the bonus shall significantly assist in conformance with subsections 48-90(d)(2) and (3). Maximum height shall not exceed 85 feet. The height of all structures that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

b.

A height bonus of up to 30 feet may be granted by the city council for certain preferred uses. These uses must be located on the primary street frontage portion of structures. These uses may include, but are not limited to entertainment uses, health clubs open to the public, theaters, art galleries, antique stores, clothing stores, and restaurants with outdoor dining facilities, and will be incorporated into the special exception conditions. Maximum height shall not exceed 85 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

c.

The city council may identify certain uses that will not be encouraged in the primary street frontage portion of the first floor of the required commercial component for each application. These uses may include, but are not limited to travel agencies, insurance agencies, nail salons, laundromats, mortuaries, and offices for financial advisers, consultants, dentists, doctors and realtors.

d.

The retail component of projects, shall be located adjacent to major thoroughfares or designated shopping streets, on the first or second floor of structures, but may extend to upper floors.

e.

All structures containing residential uses shall be a minimum of three stories in height.

(2)

A height bonus of up to 30 feet may be granted by the city council for projects composed solely of commercial uses. Maximum height shall not exceed 85 feet. The height of all structures within a special exception project that abuts an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

(Code 1982, § 38-23(c); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Along any side or rear lot line of a B-1, limited business district adjoining an R district there shall be provided a buffer in accordance with the provisions of article V, division 8 of this chapter.

(Code 1982, § 38-23(d); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Accessory uses permitted in the B-1, limited business district are as follows:

(1)

Uses which are customarily accessory and incidental to any permitted principal use, including accessory signs subject to the restrictions in article VI of this chapter.

(2)

Outdoor dining when extending a permitted principal indoor food sales or food service use. For additional supplementary regulations, including approval requirements, see sections 48-1219 through 48-1221.

(Code 1982, § 38-23(e); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 2059, 3-27-2023)

In any conflict between this division and article V, division 5 of this chapter, as applies to mixed-use redevelopments, the provisions of article V, division 5 of this chapter shall govern.

(Code 1982, § 38-23(f); Ord. No. 1382, 11-25-1991; Ord. No. 1427, 12-16-1992; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1627, 9-28-1998; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

The intent of the B-2, central business district is as follows:

(1)

To create a downtown business area which will provide a range of commercial activities at a level of development more concentrated than other commercial areas.

(2)

To ensure that development is responsive to spatial, visual and pedestrian considerations.

(3)

To promote an environment to attract new businesses and retain existing businesses.

(4)

To provide the community with a variety of retail and service-oriented businesses that will respond to various community and consumer needs.

(Code 1982, § 38-24(a); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

(a)

Principal uses permitted by right in the B-2, central business district are as follows:

(1)

Public buildings and facilities.

(2)

Hotels, motels.

(3)

Business and professional offices, including medical and dental.

(4)

Clinics.

(5)

Offices for medical, dental and optical laboratories and offices for operations devoted exclusively to scientific research.

(6)

Restaurants.

(7)

Inns, bed and breakfasts.

(8)

Private, noncommercial clubs, lodges, and recreational or community facilities.

(9)

Museums.

(10)

Group homes for no more than eight individuals as defined in section 48-2.

(11)

Parking lots, subject to site plan review by the planning commission.

(12)

The following retail business and service establishments, provided, that all business, service, fabrication, preparation or processing shall be conducted entirely within an enclosed building, and that all goods shall be only for retail sale on the premises: Food stores and beverage stores, drugstores, bakeries, confectioneries, self-service laundries, laundry or cleaning depots, shoe repair shops, barbershops or beauty salons, clothing stores, variety stores, gift shops, studios, banks, antique shops, jewelry stores, florists, photo shops, music stores, bookstores or stationery stores, appliance store, office equipment store, furniture store, hardware store, garden supply stores, mortuaries, department stores, theaters and any other retail and service uses determined by the zoning administrator to be consistent with uses permitted in this subsection.

(13)

Mixed-use redevelopments, as permitted and regulated in article V, division 5 of this chapter.

(b)

In addition to uses permitted by subsection 48-486(a) above, the following uses are permitted by-right on sites that are located in the B-2, central business district and in areas designated "special revitalization district for education and economic development" on the future land use plan map:

(1)

Elementary and secondary schools, up to seven stories in height, parks and playgrounds.

(c)

When an applicant who is either the owner, or has the written consent of the owner, of a property, has applied for and obtained city council approval for a special exception entitlement (SEE) as permitted by subsection 48-488(b) below, then all uses on the site, including by-right uses, will be controlled by and as specified in that special exception entitlement. By-right uses not specified in the SEE shall not be permitted after such approval.

(Code 1982, § 38-24(b); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1989, 8-13-2018; Ord. No. 1991, 12-18-2018)

Conditional uses permitted by special permit in the B-2, central business district are as follows:

(1)

Group homes not otherwise permitted by right.

(2)

Adult uses, subject to chapter 48, article V, division 10 and chapter 8, article VII.

(3)

Any drug paraphernalia establishment, subject to the same conditions imposed under subsection 48-454(4).

(4)

Amusement arcade, as a principal or accessory use subject to the same conditions imposed under subsection 48-454(5).

(5)

Outdoor uses, as permitted and regulated in subsection 48-454(1).

(6)

Laundry or dry cleaning establishments, other than a depot or self-service laundry, subject to the same conditions imposed under subsection 48-454(6).

(7)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(8)

Temporary uses, in anticipation of development or redevelopment of permanent improvements in accordance with the adopted master plan, pursuant to same conditions established in subsection 48-454(9).

(9)

The preparation, processing, assembling, repair or sale of electronic devices and equipment, including computer systems, communication systems, security systems, fire protection systems, control systems and the like, subject to the following:

a.

There shall be no use, storage or disposal of combustible or toxic materials or chemicals, or chemicals, except as approved as part of the special use permit and restricted to areas shown on an approved floor plan.

b.

The level of noise within the building generated by this activity shall be within the range established by chapter 14, pertaining to noise.

c.

There shall be no noxious or odor-producing fumes generated by this activity.

d.

There shall be no unique or special fire safety needs beyond those ordinarily required for general office and retail uses.

e.

There shall be no pick-up or delivery operation involving large trucks during the period from 7:00 a.m. to 7:00 p.m.

(10)

Drive-thru or drive-through facility. For additional supplementary regulations, see section 48-867.

(11)

Temporary shelters, with the following restrictions:

a.

Shelters may operate only on nights between November 1 and March 31.

b.

All persons admitted to shelters must be referred by the intake staff of a licensed county shelter.

c.

No persons can be admitted to shelters after 9:00 p.m., unless accompanied by a member of the staff of a county shelter or a public human services agency or by a local law enforcement officer; every person in a shelter must leave by 8:00 a.m.

d.

Transportation by van or other similar means that is sufficient for all persons admitted must be provided both to and from the shelters.

e.

A total of no more than 30 homeless persons may be served by all shelters in the city on any single night.

f.

No persons who are under the influence of alcohol or drugs can be allowed in the shelters.

g.

All health, safety and fire codes must be complied with.

h.

Any standards applicable to county shelters with regard to staff/client ratio, level of staff training, procedures for monitoring clients while at the shelter, and resources available for cases of emergency shall also apply as a minimum standard to every shelter in the city.

(Code 1982, § 38-24(c); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1846, 6-28-2010)

(a)

Generally. The city council may, by special exception, modify the requirements of this division, for the B-2, central business district, to allow:

(1)

Single-story commercial development. Single-story commercial development or a 500 square foot or greater expansion of an existing single-story commercial use; or

(2)

Residential development within mixed-use development projects. The following shall also apply to the residential special exception:

a.

A height bonus of up to 40 feet may be granted by the city council, if the city council determines that the project is exemplary in terms of conformance with the criteria in subsections 48-90(d)(1) and (2), and the bonus shall significantly assist in conformance with subsections 48-90(d)(2) and (3). Maximum height shall not exceed 115 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

b.

A height bonus of up to 40 feet may be granted by the city council for certain preferred uses. Maximum height shall not exceed 115 feet. These uses must be located on the primary street frontage portion of structures. These uses may include, but are not limited to, entertainment uses, health clubs open to the public, theaters, art galleries, antique stores, clothing stores, and restaurants with outdoor dining facilities, and will be incorporated into the special exception conditions. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

c.

The city council may identify certain uses that will not be encouraged in the primary street frontage portion of the first floor of the required commercial component for each application. These uses may include, but are not limited to, travel agencies, insurance agencies, nail salons, laundromats, mortuaries, and offices for financial advisers, consultants, dentists, doctors and realtors.

d.

The retail component of projects, if any, shall be located adjacent to major thoroughfares or designated shopping streets on the first or second floor of structures, but may extend to upper floors.

e.

All structures containing residential uses shall be a minimum of four stories in height.

(3)

A height bonus of up to 40 feet may be granted by the city council for projects composed solely of commercial uses. Maximum height shall not exceed 115 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

Additional criteria and requirements applying to special exceptions shall be as set forth in subsection 48-90(f).

(b)

Special revitalization district for education and economic development. Properties in areas designated "special revitalization district for education and economic development" and designated for mixed-use development on the future land use plan map may be the subject of a two-step process, as set forth below: (1) a special exception entitlement to determine the layout, heights and general uses; and (2) a special exception site plan which shall function as any other special exception and site plan approved under the zoning ordinance and which will establish final design. When a special exception entitlement has been approved for a property, development on that property can proceed only after a special exception site plan has been approved.

(1)

Special exception entitlement elements: A special exception entitlement may be sought and approved for a site of five acres or more and shall define land uses, height, transportation, public facilities, utilities and infrastructure for the project and shall govern future special exception site plan approval(s) for the site. All special exception entitlements shall include the following elements:

a.

Density. Density in the "special revitalization district for education and economic development" will not be limited, per se, but approved densities will be consistent with guidance in the city's comprehensive plan.

b.

Use. Office, hotel, retail, multifamily residential uses, and other uses not otherwise allowed by right in the B-2 district, may be permitted where the city council finds that significant commercial (retail, office or hotel) uses are included in the project and where the residential or other uses contribute significant positive net revenue benefits, build community, and help achieve the goals and strategies of the "special revitalization district for education and economic development" and related plans and policies. City council may attach such conditions as are necessary to fulfill the intent of this chapter or to mitigate any impacts the use(s) may have on other uses or site plan features incorporated in the application.

c.

Building height. Building heights and massing should vary over the site, be compatible with adjacent schools or other uses and allow for higher building heights adjacent to arterial roads and nearby commercial development, up to a maximum height of 15 stories, not including mechanical penthouses. Penthouses may exceed the height limits provided they are set back from the building edge a distance equal to their height.

d.

Parking. As part of special exception entitlement approval, minimum parking requirements may be reduced or modified (§ 48-970), provide for shared parking arrangements (§ 48-971) and off-site parking agreements (§ 48-972). Additional reductions may be approved for provision of exemplary non-motorized vehicular options or other transportation demand management elements. Above ground structured parking must be wrapped or otherwise screened from view.

(2)

Special exception entitlement applications: The following information shall be provided as part of the SEE application:

a.

Statement of justification including how the project will further the goals of the "special revitalization district for education and economic development" and be consistent with the comprehensive plan, future land use plan map, and any site-specific studies.

b.

Current aerial photograph of the site with surrounding uses within a distance of 400 feet of the site boundary to show context.

c.

Plot and location plan(s) at one inch = 20 feet scale (unless an alternate scale is approved by the city) showing:

1.

Dimensions and site area;

2.

Topography at two-foot contour intervals;

3.

Utilities and infrastructure: Locations and descriptions of all existing underground and aerial utilities within or on the periphery of the site and streets serving the site and all proposed infrastructure that will be necessary to serve the proposed uses and the site;

4.

Proposed structures: Locations, gross floor area and heights (stories and feet) of all proposed structures, and all uses to be contained therein including the type of commercial and gross floor area, the number of residential units and the number of hotel rooms and parking locations and extent;

5.

Interim uses: If the applicant desires to make interim uses of any portion of the site prior to final SESP approval, the extent and nature of such uses shall be included in the plot and location plan(s) and other submission;

6.

Transportation and street plan: Proposed street layout including general location and dimensions, connections to existing streets or to those existing or proposed on adjacent properties, ownership of existing and proposed streets, sidewalks, curb cuts, and bus and transit facilities;

7.

Open space and recreation: General location and dimensions of proposed open space including but not limited to, parks, plazas and common open space, and any proposed recreational facilities (type, number square feet);

8.

Adjacent roadway median strips and existing and proposed median openings for vehicular access;

9.

Adjacent sites: Outline of block faces and structures on adjacent contiguous sites and across adjacent streets, with curb cuts for garage entrances and loading docks shown.

d.

Conceptual landscape master plan providing a general description and location of landscape elements, including streetscape elements, plazas, parks, and common open space.

e.

Phasing plan: If the project is expected to be developed in phases, or to be divided in parcels that can be individually built, then the applicant shall provide the following information:

1.

Proposed timing of construction (as related to construction of phases or parcels) for each element that ensures that commercial uses will be constructed.

(i)

Proposed gross floor area, number of dwelling units or number of hotel rooms to be included in any phase or parcel for each use;

(ii)

Proposed parking to be included in any phase or parcel for each use and phasing plan for construction of parking;

(iii)

Parking shall be provided for each use at or prior to occupancy of each building.

f.

A statement of any proposed variances, waivers and modifications to zoning regulations or adopted city plans and policies.

g.

Special exception entitlement review: The special exception entitlement review process will include review by staff and, concurrently, circulation to the planning commission and any other relevant boards or commissions, who will provide recommendations to the city council for its consideration. Review of the special exception entitlement shall consist of: 1) referral of the application by city council to boards and commissions; 2) staff review and review by the planning commission and any other boards and commissions to whom the city council refers the application; and 3) approval by council.

h.

Special exception entitlement approval: The city council shall approve a special exception entitlement and may modify the requirements of this division to allow height above the limits set forth in section 48-1101 and residential uses within a mixed-use development project. The approval and any modifications to zoning ordinance requirements shall be based on a finding that the project substantially achieves the goals of the "special revitalization district for education and economic development" and is consistent with the comprehensive plan and with the recommendations of any site-specific studies. The city council may adopt conditions as part of its approval to ensure that the project will meet these standards.

i.

Effect of special exception entitlement approval: Once approved by city council, the special exception entitlement will govern all uses on the site, and the height, location, uses, transportation, utilities and infrastructure to be allowed under special exception site plans approved for the property. No other use shall be permitted on the site after such approval, including uses permitted by-right in the B-2 zoning district or other zoning districts, except those expressly permitted by the special exception entitlement. Amendments to an approved SEE shall be treated, procedurally, the same as a new application, should rely on prior approvals and meet the standards of the zoning ordinance. Once a special exception entitlement has been approved, application may be made for a special exception site plan (SESP) that is consistent with the special exception entitlement, including any amendments that are approved by the city council.

(3)

Special exception site plan requirements: The special exception site plan process is intended to result in approval that is equivalent to a site plan as called for in section 48-1134.

a.

Special exception site plan elements: The elements of the special exception site plan shall comply in all respects with the special exception entitlement, as approved, except to the extent the applicant seeks an amendment to that special exception entitlement. A special exception site plan may be sought and approved for all or any phase identified in the approved special exception entitlement.

b.

Special exception site plan application: An application for a special exception site plan shall include:

1.

Relevant parts of the approved special exception entitlement.

2.

All materials listed in section 48-1137 of this appendix, provided that any waiver pursuant to section 48-1138 may be approved by the city manager, after making the finding required by that section.

3.

A preliminary survey as called for by section 48-1135.

c.

Special exception site plan review: Review of the special exception site plan shall consist of: 1) referral of the application by city council to boards and commissions; 2) staff review and review by the planning commission and any other boards and commissions to whom the city council refers the application; and 3) approval by council. The elements approved through the special exception entitlement are not subject to reversal or modification through the SESP process, except upon application by the applicant and approval by city council.

d.

Special exception site plan approval:

1.

The special exception site plan will be approved or denied by the city council based on the recommendations from the staff and boards and commissions and the considerations set forth in section 48-1141 for approval of site plans as well as the criteria in section 48-90. Denial shall not be based on elements previously approved in the special exception entitlement. The approved project shall meet all requirements of the zoning ordinance unless specific waivers or modifications are enacted. Any waivers or modifications (but not variances) to particular requirements that are permitted under the zoning ordinance to be made by any entity may be made by the city council. Amendments to an approved SESP shall be treated, procedurally, the same as a new application, should rely on prior approvals and meet the standards of the zoning ordinance.

2.

The city council may impose other requirements as set forth in section 48-1140 and may modify zoning ordinance requirements where it finds that doing so will better achieve the goals and objectives of the "special revitalization district for education and economic development". The city council may adopt conditions as part of its approval to ensure that the project will meet standards for SESP approval. Any utilities or other infrastructure for a site or parcel that is either needed for a building(s) or other improvements to be constructed, or that must be constructed before those improvements so that other, later buildings can be served, shall be included in and built as part of the special exception site plan.

e.

Effect of special exception site plan approval: Once approved, an SESP shall function as any other: 1) special exception; and 2) site plan, approved under the zoning ordinance, and shall be subject to all requirements set forth therein unless modified or waived as part of the SESP approval.

(4)

Maps: The area designated "special revitalization district for education and economic development" is shown on the future land use plan map.

(Code 1982, § 38-24(d); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1989, 8-13-2018; Ord. No. 2021, § 1-11-2021)

Any building or above-grade-level accessory parking structure on any lot of a B-2, central business district abutting an R district shall be set back from the lot lines which adjoin the R district by a buffer in accordance with the provisions of article V, division 8 of this chapter.

(Code 1982, § 38-24(e); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Accessory uses permitted in the B-2, central business district are as follows:

(1)

Uses which are customarily accessory and incidental to any permitted principal or conditional use, including accessory signs subject to the restrictions in article V of this chapter.

(2)

Outdoor dining when extending a permitted principal indoor food sales or food service use. For additional supplementary regulations, including approval requirements, see sections 48-1219 through 48-1221.

(Code 1982, § 38-24(f); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 2059, 3-27-2023)

In any conflict between this division and article V, division 5 of this chapter, as applies to mixed-use redevelopment, the provisions of article V, division 5 of this chapter shall govern.

(Code 1982, § 38-24(g); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Principal uses permitted by right in the B-3, general business district are as follows:

(1)

Public buildings and facilities.

(2)

Institutions for human care.

(3)

Clinics.

(4)

Hotels, motels.

(5)

Business and professional offices, including medical and dental.

(6)

Offices for medical, dental and optical laboratories, and offices for operations devoted exclusively to scientific research.

(7)

Churches, parish houses and similar religious facilities.

(8)

Restaurants.

(9)

Inns, bed and breakfasts.

(10)

Private, noncommercial clubs, lodges, and recreational or community facilities.

(11)

Museums.

(12)

Group homes for no more than eight individuals as defined in section 48-2.

(13)

Parking lots, subject to site plan review by the planning commission.

(14)

Schools or day care facilities complying with the provisions of the state code.

(15)

The following retail business and service establishments, provided, that all business, service, fabrication, preparation or processing shall be conducted entirely within an enclosed building, and that all goods shall be only for retail sale on the premises: Food stores, beverage stores, drugstores, bakery, confectionery, self-service laundry, laundry or cleaning depot, shoe repair, barber shop or beauty salon, clothing store, variety store, gift shop, studio, bank, antique shop, jewelry store, florist, photo shop, music store, book or stationery store, appliance store, office equipment store, furniture store, hardware store, garden supply store, mortuary, department store, theaters, radio stations bowling establishments. And in addition, motor vehicle repair or filling station (see article V, division 4 of this chapter), nursery, green house, carpenter or upholstery shop, sign shop, indoor storage and sales of building materials, including contractor supplies and hardware, and any other retail and service uses determined by the zoning administrator to be consistent with uses permitted this subsection. Further, motor vehicle sales (new or used) and rental that possessed lawful certificates of occupancy at the time of the adoption of this section are considered by right uses and those uses may be continued on the site for which the permit was issued. All other requirements of this Code including the requirements for buffering the site shall continue to apply. In the event such use is discontinued on the site for a period of one year or more, new applications for motor vehicle sales or rental occupancies shall comply with all applicable sections of the Code. After the date of adoption of this section, new occupancies for motor vehicle sales or rental located on a site that is 10,000 square feet or smaller shall not be permitted. Exception: Motor vehicle rentals without on-site vehicle inventory are hereby deemed to be an office use and shall be subject to the provisions for office uses specified elsewhere in this chapter.

(16)

Mixed-use redevelopments, as permitted and regulated in article V, division 5 of this chapter.

(Code 1982, § 38-25(a); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1826, § 38-2, 11-10-2008; Ord. No. 1991, 12-18-2018)

Conditional uses permitted by special use permit in the B-3, general business district are as follows:

(1)

Group homes not otherwise permitted by right.

(2)

Adult uses, subject to chapter 48, article V, division 10 and chapter 8, article VII.

(3)

Any drug paraphernalia establishment, subject to the same conditions imposed under subsection 48-454(4).

(4)

Amusement arcade, as a principal or accessory use subject to the same conditions imposed under subsection 48-454(5).

(5)

Outdoor uses, as permitted and regulated in subsection 48-454(1).

(6)

Laundry or dry cleaning establishments, other than a depot or self-service laundry, subject to the same conditions imposed under subsection 48-454(6).

(7)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(8)

Temporary uses, in anticipation of development or redevelopment of permanent improvements in accordance with the adopted master plan, as permitted and regulated in subsection 48-454(9).

(9)

The preparation, processing, assembling, repair or sale of electronic devices and equipment, including computer systems, communication systems, security systems, fire protection systems, control systems and the like, subject to the requirements established in subsection 48-487(9).

(10)

Drive-thru or drive-through facility. For additional supplementary regulations, see subsection 48-867(5).

(11)

Temporary shelters, with the following restrictions:

a.

Shelters may operate only on nights between November 1 and March 31.

b.

All persons admitted to shelters must be referred by the intake staff of a licensed county shelter.

c.

No persons can be admitted to shelters after 9:00 p.m., unless accompanied by a member of the staff of a county shelter or a public human services agency or by a local law enforcement officer; every person in a shelter must leave by 8:00 a.m.

d.

Transportation by van or other similar means that is sufficient for all persons admitted must be provided both to and from the shelters.

e.

A total of no more than 30 homeless persons may be served by all shelters in the city on any single night.

f.

No persons who are under the influence of alcohol or drugs can be allowed in the shelters.

g.

All health, safety and fire codes must be complied with.

h.

Any standards applicable to county shelters with regard to staff/client ration, level of staff training, procedures for monitoring clients while at the shelter, and resources available for cases of emergency shall also apply as a minimum standard to every shelter in the city.

(12)

Motor vehicle sales (new or used) or rental with on-site vehicle inventory located on a site that is 10,001 square feet or larger. Exception: Motor vehicle sales (new or used) or rental that possessed a lawful certificate of occupancy at the time of the adoption of this section, see subsection 48-521(15). Conditions applying to special use permit:

a.

A site plan submission is required as provided for in article V, division 7 of this chapter.

b.

The provisions of article V, division 8 of this chapter pertaining to landscaping shall apply and shall not be waived or modified unless the requirements of subsection 48-1184(l), pertaining to exceptions, are met.

c.

No portion of the property on which the use is located shall be within 300 feet of an R district in the city.

d.

Delivery of motor vehicle inventory shall be limited to the hours between 7:00 a.m. and 9:00 p.m., Monday through Friday, and 9:00 a.m. and 9:00 p.m. on Saturday.

e.

No vehicle loading or unloading onto or from a vehicle transport or towing vehicle shall be allowed on any public right-of-way without the prior consent of the city council.

f.

All repair services shall occur within a service bay facility.

g.

No vehicle parts or repair tools shall be stored or displayed outside a building.

h.

Vehicles that are on site as part of a sales or rental inventory or vehicles that are on-site for repair shall be kept on the premises in compliance with a parking plan that conforms to the dimension requirements for lot aisles and parking spaces as provided for in article V, division 2 of this chapter. No stacking of motor vehicles shall be allowed.

i.

Lot aisle width shall be sufficient for emergency vehicle access to all buildings on the premises, and lot aisles shall be kept clear of vehicles at all times.

j.

Lighting on the property will meet or provide lower light levels and uniformities than the IESNA Recommended Practice; Lighting for Exterior Environments (RP-33-99); skyglow will be reduced by requiring luminaires with a lumen output greater than 3,500 to be full cutoff; and light trespass will be optimized by requiring luminaires within 2½ times their mounting height from the property line not to produce light across that property line".

k.

In addition to other applicable Code sections, parking areas shall be arranged and used so that vehicles which are parked, displayed and/or stored on the property do not overhang or protrude into a required setback, public right-of-way, landscape buffer or landscape screen.

l.

Conflict with other regulations. In any case where the requirements of this section conflict with any other provision of the Code of the city or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

(Code 1982, § 38-25(b); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 1826, § 38-25, 11-10-2008; Ord. No. 1846, 6-28-2010)

The city council may, by special exception, modify the requirements of this division, for the B-3, general business district to allow:

(1)

Residential development within mixed-use development projects. The following shall also apply to the residential special exception:

a.

A height bonus of up to 30 feet may be granted by the city council, if the city council determines that the project is exemplary in terms of conformance with the criteria in subsections 48-90(d)(1) and (2), and the bonus shall significantly assist in conformance with subsections 48-90(d)(2) and (3). The maximum height shall not exceed 85 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by right height permitted within the B district in which the structure will reside.

b.

A height bonus of up to 30 feet may be granted by the city council for certain preferred uses. These uses must be located on the primary street frontage portion of structures. These uses may include, but are not limited to, entertainment uses, health clubs open to the public, theaters, art galleries, antique stores, clothing stores, and restaurants with outdoor dining facilities, and will be incorporated into the special exception conditions. The maximum height shall not exceed 85 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by right height permitted within the B district in which the structure will reside.

c.

The city council may identify certain uses that will not be encouraged in the primary street frontage portion of the first floor of the required commercial component for each application. These uses may include, but are not limited to, travel agencies, insurance agencies, nail salons, laundromats, mortuaries, and offices for financial advisers, consultants, dentists, doctors and realtors.

d.

The retail component of projects shall be located adjacent to major thoroughfares or designated shopping streets on the first or second floor of structures, but may extend to upper floors.

e.

All structures containing residential uses shall be a minimum of three stories in height.

(2)

A height bonus of up to 30 feet may be granted by the city council for projects composed solely of commercial uses. The maximum height shall not exceed 85 feet. The height of all structures within a special exception project that abut an R district must be tapered to be compatible with the maximum heights permitted in the abutting R district, taking into consideration the height of existing buildings in that area. The upper stories of structures should be stepped back to be compatible with the maximum by-right height permitted within the B district in which the structure will reside.

Additional criteria and requirements applying to special exceptions shall be as set forth in subsection 48-90(f).

(Code 1982, § 38-25(c); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Along any side or rear lot line of a B-3, general business district adjoining an R district, there shall be provided a buffer in accordance with the provisions of article V, division 8 of this chapter.

(Code 1982, § 38-25(d); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Accessory uses permitted in the B-3, general business district are as follows:

(1)

Uses which are customarily accessory and incidental to any permitted principal or conditional uses.

(2)

Outdoor dining when extending a permitted principal indoor food sales or food service use. For additional supplementary regulations, including approval requirements, see section 48-1219 through 48-1221.

(Code 1982, § 38-25(e); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004; Ord. No. 2059, 3-27-2023)

In any conflict between this section and article V, division 5 of this chapter, as applies to mixed-use redevelopment, the provisions of article V, division 5 of this chapter shall govern.

(Code 1982, § 38-25(f); Ord. No. 1382, 11-25-1991; Ord. No. 1439, 5-24-1993; Ord. No. 1477, 5-9-1994; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-25-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 1583, 7-14-1997; Ord. No. 1636, 3-8-1999; Ord. No. 1695, 3-26-2001; Ord. No. 1734, 5-12-2003; Ord. No. 1766, 9-13-2004)

Principal uses permitted by right in the M-1, light industry district are as follows:

(1)

Any principal use permitted in the B-3 district, except dwellings, schools, hospitals and other institutions for human care, other than a penal institution.

(2)

Railroads.

(3)

Industrial research and development organizations and laboratories.

(4)

Offices and laboratories engaged in research in the physical and life sciences.

(5)

Except as otherwise provided herein, the manufacturing, assembling, compounding, processing, packaging, treatment, storage or distribution of products from materials that are not likely to be dangerous or offensive to the district or to any contiguous district, because of odor, dust, fire, explosion, or other reasons, with equipment and processes that are not likely to produce objectionable noise, vibration, smoke, or other effect in such districts.

(6)

The following uses when located at least 200 feet from any R district, except where the use is separated from the R district by a railroad, such distance requirement shall be reduced to 50 feet.

a.

Major automobile repair shop.

b.

Blacksmith, welding or other heavy metal shop, excluding punch presses over ten tons rated capacity, drop hammers and the like.

c.

Creamery, bottling, ice or cold storage plant.

d.

Foundry, casting lightweight nonferrous metals, or electric foundry not causing noxious fumes or odors.

e.

Bag, carpet, and rug cleaning; provided necessary equipment is installed and operated to effectively precipitate and recover dust.

f.

Commercial kennels and animal hospitals.

(7)

The following uses when located at least 300 feet from any R district; except where the use is separated from the R district by a railroad, such distance requirement shall be reduced to 50 feet: Building materials storage yards (except concrete or asphalt batching or mixing); warehouses; self storage warehouses; lumberyards; contractor's equipment storage yard or plant; yards for the distribution of brick and tile; freight depot; trucking yard; feed mill or fuel yard, including yards for the storage of coal and oil, provided fuel oil storage is underground, and provided dust is effectively controlled; public utility yard for construction, maintenance or storage.

(8)

Mixed-use redevelopment, as permitted and regulated in article V, division 5 of this chapter.

(Code 1973, § 81-50; Code 1982, § 38-26(a); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

Conditional uses permitted by special permit in the M-1, light industry district are as follows:

(1)

Outdoor uses, as permitted and regulated in section 48-454(1).

(2)

Laundry or dry cleaning establishment, other than a depot or self-service laundry, subject to the same conditions imposed under section 48-454(6).

(3)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(4)

Temporary uses, as permitted and regulated in section 48-394.

(5)

Drive-through or drive-though facility. For additional supplementary regulations, see section 48-867(5).

(6)

Temporary shelters, with the following restrictions:

a.

Shelters may operate only on nights between November 1 and March 31.

b.

All persons admitted to shelters must be referred by the intake staff of a licensed county shelter.

c.

No persons can be admitted to shelters after 9:00 p.m., unless accompanied by a member of the staff of a county shelter or a public human services agency or by a local law enforcement officer; every person in a shelter must leave by 8:00 a.m.

d.

Transportation by van or other similar means that is sufficient for all persons admitted must be provided both to and from the shelters.

e.

A total of no more than 30 homeless persons may be served by all shelters in the city on any single night.

f.

No persons who are under the influence of alcoholic or drugs can be allowed in the shelters.

g.

All health, safety and fire codes must be complied with.

h.

Any standards applicable to county shelters with regard to staff/client ratio, level of staff training, procedures for monitoring clients while at the shelter, and resources available for cases of emergency shall also apply as a minimum standard to every shelter in the city.

(7)

Motor vehicle sales (new or used) or rental as provided in section 48-522(12).

(Code 1973, § 81-50; Code 1982, § 38-26(b); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004; Ord. No. 1826, § 38-26, 11-10-2008)

Conditions applying to permitted uses in the M-1, light industry district are as follows:

(1)

B-3 district uses, when located in the M-1 district, shall be subject to the same requirements as apply in the B-3 district.

(2)

All other uses shall be subject to the following requirements:

a.

Where located within 100 feet of a major thoroughfare as designated by the official major thoroughfare plan, or within 200 feet of an R district, except as otherwise provided herein, such use shall be conducted within an enclosed building, or behind a solid fence or wall not less than six feet high, except for parking or loading areas.

b.

Along any side or rear lot line adjoining an R district, there shall be provided a buffer in accordance with the provisions of article V, division 8 of this chapter.

c.

All powdery or dusty materials, such as sand, gravel, cement, coal, grain and the like shall be stored within entirely enclosed buildings or bins. All liquid or other materials that might be hazardous or noxious shall be stored underground, and not closer than 50 feet to any property line.

(Code 1973, § 81-50; Code 1982, § 38-26(c); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

Along any side or rear lot line adjoining an R district there shall be provided a buffer in accordance with the provisions of article V, division 8 of this chapter.

(Code 1973, § 81-50; Code 1982, § 38-26(d); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

Accessory uses permitted in the M-1, light industry district are as follows:

(1)

Accessory uses permitted and as regulated in the B-3 district.

(2)

Dwelling unit for a caretaker in a self storage warehouse.

(3)

Other accessory uses, not otherwise prohibited, which are customarily accessory and incidental to any permitted use.

(Code 1973, § 81-50; Code 1982, § 38-26(d); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

There are no additional requirements applicable to the M-1, light industry district.

(Code 1973, § 81-50; Code 1982, § 38-26(e); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

In any conflict between this section and section article V, division 5 of this chapter, as applies to mixed-use redevelopments, the provisions of article V, division 5 of this chapter shall govern.

(Code 1973, § 81-50; Code 1982, § 38-26(f); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

Prohibited uses in the M-1, light industry district are as follows:

(1)

Any use in conflict with any provision of this Code or state law regulating nuisances.

(2)

Any dwelling, school, hospital or other institution for human care, other than a penal institution.

(3)

Ammonia, chlorine or bleaching powder manufacture.

(4)

Boilermaking.

(5)

Brewing or distilling of liquors.

(6)

Dangerously flammable plastics manufacture such as celluloid.

(7)

Crematory.

(8)

Distillation of coal, wood or bones.

(9)

Dyeing establishments.

(10)

Fat rendering.

(11)

Fertilizer manufacture.

(12)

Gas (illuminating or heating) manufacture.

(13)

Glue, size and gelatin manufacture.

(14)

Incineration or reduction of garbage offal, dead animals or refuse.

(15)

Iron, steel, brass or copper works.

(16)

Junk, scrap paper or rag storage or baling.

(17)

Lamp black manufacture.

(18)

Lime, cement or plaster of Paris manufacture.

(19)

Oil cloth or linoleum manufacture.

(20)

Paint, oil, varnish, pigment or turpentine manufacture.

(21)

Petroleum refining.

(22)

Printing ink manufacture.

(23)

Rawhides or skins—Storage, curing or tanning.

(24)

Rubber manufacture from the crude material.

(25)

Shoddy manufacture or wool scouring.

(26)

Slaughtering of animals or fowl.

(27)

Smelting.

(28)

Soap manufacture.

(29)

Starch, glucose or dextrine manufacture.

(30)

Stockyard.

(31)

Sugar refining.

(32)

Sulphurous, sulphuric, nitric or hydrochloric acid manufacture.

(33)

Tallow, grease or lard manufacture or refining.

(34)

Tar distillation or manufacture.

(35)

Trailer camp.

(36)

Automobile wrecking yard.

(37)

Fireworks, manufacture or storage.

(38)

Fuel gas storage, liquid fuel storage above ground.

(Code 1973, § 81-50; Code 1982, § 38-26(g); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1139, 5-27-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1170, 1-12-1987; Ord. No. 1477, 5-9-1994; Ord. No. 1557, 10-15-1996; Ord. No. 1636, 3-8-1999; Ord. No. 1766, 9-13-2004)

For the O-D, official design district, in promoting the general purposes of this division, the specific intent of this section is to produce an orderly, harmonious and appropriate development of the areas with due regard to their special characteristics and peculiar suitability for particular uses, so that no building can be placed or built without considering its total effect on the whole design.

(Code 1973, § 81-52; Code 1982, § 38-27; Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1131, 3-10-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-26-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996)

The following uses for the O-D, official design district shall be permitted as specified in the projected land use plan, as adopted by the council and planning commission in accordance with article II, division 4 of this chapter:

(1)

Municipal center area.

a.

One-family dwellings.

b.

Public buildings.

c.

Public parks, playgrounds and community centers.

d.

Professional office buildings, provided that the floor area of the building at the ground floor level may be designated for and devoted to any retail use permitted by right in the B-1 district, subject to the conditions set forth in section 48-488(2).

e.

Hotels and motels when located within 200 feet of a primary state highway.

f.

Any principal use permitted in the B-1 district when located within 200 feet of a primary state highway.

g.

Any other use designated by an official design for all or any part of the district, approved by the planning commission and the council in accordance with the provisions of article II, division IV of this chapter.

(2)

Historic area.

a.

One-family dwellings as regulated in the R-1B district.

b.

Two-family dwellings as regulated in the R-1B district.

c.

Townhouses, as regulated in the R-TH district.

d.

Public buildings and facilities.

e.

Churches, parish houses, and similar religious facilities.

f.

Schools or day care facilities complying with the provisions of the state code.

g.

Private, noncommercial clubs, lodges, and recreational or community facilities.

h.

Residential institutions.

i.

Group homes for no more than eight individuals as defined in section 48-2.

j.

Professional offices, including medical and dental.

k.

Boardinghouses, lodginghouses, or roominghouses.

l.

Inns, bed and breakfasts.

m.

Mixed-use redevelopments, as permitted and regulated in article V, division 5 of this chapter.

n.

Any principal use permitted in the B-2 district.

(Code 1973, § 81-52; Code 1982, § 38-27(a); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1131, 3-10-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-26-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 2071, 12-11-2023)

Conditional uses permitted by special permit in the O-D, official design district are as follows:

(1)

Outdoor uses, as permitted and regulated in section 48-454(1).

(2)

Laundry or dry cleaning establishment, other than a depot or self-service laundry, subject to the same conditions imposed under section 48-454(6).

(3)

Satellite television antenna or ground-mounted conventional television or radio antenna, as permitted and regulated in article V, division 9 of this chapter.

(4)

Temporary shelters, with the following restrictions:

a.

Shelters may operate only on nights between November 1 and March 31.

b.

All persons admitted to shelters must be referred by the intake staff of a licensed county shelter.

c.

No persons can be admitted to shelters after 9:00 p.m., unless accompanied by a member of the staff of a county shelter or a public human services agency or by a local law enforcement officer; every person in a shelter must leave by 8:00 a.m.

d.

Transportation by van or other similar means that is sufficient for all persons admitted must be provided both to and from the shelters.

e.

A total of no more than 30 homeless persons may be serviced by all shelters in the city on any single night.

f.

No persons who are under the influence of alcohol or drugs can be allowed in the shelters.

g.

All health, safety and fire codes must be complied with.

h.

Any standards applicable to county shelters with regard to staff/client ratio, level of staff training, procedures for monitoring clients while at the shelter, and resources available for cases of emergency shall also apply as a minimum standard to every shelter in the city.

(Code 1973, § 81-52; Code 1982, § 38-27(b); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1131, 3-10-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-26-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996)

Conditions applying to permitted uses in the O-D, official design district are as follows:

(1)

In any part of an O-D district no building permit or occupancy permit shall be issued, unless the building plans and site plan for a specific land parcel involved are prepared by a registered architect.

(2)

The applicant shall apply and confer at the initial and preliminary stages with the planning commission in order to provide use, architecture and site planning that is correlated with the objectives of architecture and land uses in the O-D district.

(3)

In any office building or group of office buildings, the floor area at the ground floor level may be designated for and devoted to retail uses, subject to the conditions set forth in subsection 48-488(2).

(Code 1973, § 81-52; Code 1982, § 38-27(c); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1131, 3-10-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-26-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996)

Accessory uses permitted in the O-D, official design district are as follows:

(1)

Accessory structures and uses customarily incidental to a permitted principal use on the same lot therewith, including those permitted in the R-1A district and such others as may be incidental to any other use permitted in this district.

(2)

Outdoor dining when extending a permitted principal indoor food sales or food service use. For additional supplementary regulations, including approval requirements, see sections 48-1219 through 48-1221.

(Code 1973, § 81-52; Code 1982, § 38-27(d); Ord. No. 1127, 12-9-1985; Ord. No. 1130, 1-27-1986; Ord. No. 1131, 3-10-1986; Ord. No. 1142, 6-23-1986; Ord. No. 1531, 12-11-1995; Ord. No. 1536, 2-26-1996; Ord. No. 1541, 3-26-1996; Ord. No. 1557, 10-15-1996; Ord. No. 1561, 12-9-1996; Ord. No. 2059, 3-27-2023)

(a)

The council of the city finds that retention and protection of historic, architectural and cultural legacy of the city wherever feasible is important to the environmental well-being of the city, enhances property values, encourages desirable forms of economic development, and provides a stabilizing influence for the community's cultural and social life. The council further finds that visual evidence of the community's history, architecture and characteristic way of life is valuable for educational, cultural and recreational purposes.

(b)

The council finds that residences, structures and sites of historical, architectural and cultural interest and significance are scattered throughout the small, two square mile area of the city. Such residences and structures consist of a very few built during the colonial period, a somewhat larger number built before the Civil War, and a considerable number built in the period between the Civil War and World War I. Many of these are listed in the city's architectural inventory of 1969, as amended. The council also finds that structures built as residences during or before 1910 are, in general, of historic architectural and cultural interest; and that the significance of these structures may be either as noteworthy landmarks, recognized for their individual merits, or as elements that contribute to the particular qualities of a scene, neighborhood, or locality which has significance.

(c)

The council further finds that, because of the reasons stated above and because of the scattered location of these structures and sites of historical, architectural and cultural significance, the entire city should be designated as a historic and cultural conservation district.

(d)

The council, therefore, declares that it is the policy of the city to preserve and protect its architectural, cultural and historical heritage and to encourage and assist preservation of historically, architecturally and culturally significant sites, buildings and structures.

(e)

The purpose of this division is to establish a historic and cultural conservation district. It is the intent that the benefits to the community and property owners in such district will be realized as fully as possible, with a minimum of expense and delay, in accordance with the objectives of the division.

(f)

The land use regulations applicable within this district are intended to protect against destruction of structures and to encourage their conservation as part of the cultural, social, economic, political or architectural heritage of the city.

(g)

It is further the intent of these regulations to utilize the advice of the city historical commission, the city architectural advisory board, and other organization or individuals qualified by experience, training and interest to assist in carrying out the provisions of this division, consistent with the policy of the city.

(Code 1982, § 38-39(a); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

There shall be created for purposes as set out in this division a historic architectural review board (referred to as "HARB" or the "board"). The HARB shall have five members. Each member shall be appointed by the city council for staggered terms commencing with two members for two years and three members for four years. In selecting members, the council may consider, among other factors, potential members' demonstrated interest, competence or knowledge in historic preservation, archaeology or planning; and at least one member shall be an architect or an architectural historian. The members of the historic architectural review board after appointment by the city council shall convene the first meeting, at which time the HARB shall select a chairman, vice-chairman, and secretary. The HARB shall meet when necessary to carry out its duties as described herein. The HARB may obtain and utilize the technical assistance of professional advisors where it considers such assistance desirable.

(Code 1982, § 38-39(b); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

A historic and cultural conservation (HCC) district is hereby established pursuant to Code of Virginia, § 15.1-503.2, as amended, to promote the general welfare through preservation and protection of sites, buildings and structures having historical, architectural or cultural significance. This HCC district is created as a zoning overlay district which shall cover all land within the boundaries of the city. The boundaries of the HCC district are those as stated in the city Charter at section 1.02. Any parcel of land lying in the HCC district shall also be in one or more of the other zoning districts provided for in this chapter. The HCC district regulations contained herein are applicable to the following designated structures and sites:

(1)

All structures built as residences during or before 1910; and

(2)

Other structures and sites of historical, cultural or architectural significance expressly designated pursuant to section 48-791.

(Code 1982, § 38-39(c); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

Upon completion of the certification in section 48-790 or upon specific designation, pursuant to subsection 48-788(2), structures and sites shall be listed in the Official Register of Protected Structures and Sites and the designation shall be recorded in the land records. Listing in the Official Register is not a requirement for protection under this division.

(Code 1982, § 38-39(d); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

The historical commission shall certify to the planning department the date upon which the structure or a significant part thereof was built and shall cite the source for such certification. If an exact date is not ascertainable, the historical commission shall cite evidence that the structure was built during or before 1910.

(b)

Upon receipt of such certification, the planning department shall notify the owner of the structure that the structure will be placed on the Official Register of Protected Structures and Sites unless an objection is filed within 30 days from the mailing of the notice. Such notice shall include an identification of the lot or parcel which is subject to regulation under this division and the nature of the regulations and the procedure for objection. A copy of the notice shall be sent to the building inspector and zoning administrator. The objection will be heard within 45 days, unless deferred by the planning commission for administrative necessity, or to enable further research or investigation to be made by the owner or on behalf of the city, or for other good cause shown.

(c)

The planning commission shall hear and decide all objections to the accuracy of the certification. No formal rules of evidence shall apply, but the commission shall hear the owner or his representative and shall hear such other evidence as the commission deems relevant, material and trustworthy. The planning commission may, by its bylaws or by resolution, determine such requirements for handling objections as it deems proper, including such matters as establishing a hearing date after receiving a request, prescribing the form in which evidence about dates of construction shall be submitted, and fixing the time of submission.

(d)

The owner of the historical commission may appeal the decision of the planning commission to the city council by filing a written notice of appeal with the clerk of the council within 15 days after the decision by the planning commission. Alternatively, the owner or the historical commission may note the appeal with the planning commission at the time of the planning commission's decision and the planning commission shall forward such notice to the city clerk. The council shall review the record made in the planning commission and decide the appeal within 60 days of its receipt by the clerk, unless extended for good cause. The council shall uphold the planning commission unless the commission's decision was contrary to law or that the decision was not supported by a preponderance of evidence.

(Code 1982, § 38-39(e); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

The historical commission may petition the planning commission for the addition of residential structures built after 1910 or nonresidential structures built at any time, and of sites which would be regulated under this division. Such structures and sites may be designated in the manner prescribed in article II, division 3, pertaining to amendments, and subject to the following procedures:

(1)

Petitions shall be accompanied by a written report describing the architectural, historical or cultural significance of the structure and sites to be protected.

(2)

In making its required recommendation under article II, division 3, the planning commission shall prepare and submit to the city council its recommendations concerning the structure or sites. The planning commission's report shall indicate existing land uses, special problems, trends and other matters bearing upon the proposed designation for architectural, historical and cultural preservation, as well as a description of the lot or parcel which would be made subject to regulation under this division.

(3)

The council, in designating structures and sites, may do so only if the structure or site meets one or more of the following criteria:

a.

It exemplifies or reflects important aspects of the cultural, political, economical, social or military history of the nation, state, region or the city.

b.

It is associated with persons or events of national, state or regional significance.

c.

It is a good example of local or regional architectural design, making it valuable for the study of a period, style or method of construction which no longer is in general use.

d.

It contains elements of design, detail, materials or craftsmanship which represent a significant innovation in architecture, construction or technology.

(Code 1982, § 38-39(f); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

In addition to the use regulations within the zoning districts overlaid by the HCC district, the following regulations shall apply:

(1)

Building permits. The same building permits shall continue to be required for work on structures subject to regulation under this division as for other structures. For all building permit applications, the building inspector shall review available evidence in order to determine in writing if the structure is designated for protection under subsections 48-788(1) or (2). In examining the issue of whether the structure was built as a residence during or before 1910, the inspector shall refer the matter to the director of planning and development for his determination and the inspector shall follow the director's determination. The best available information shall be consulted which shall include consideration of whether the structure has been certified, pursuant to section 48-790. Certification shall be conclusive of the director's and inspector's determination. If certification has not been accomplished, the director must request an opinion from the historical commission, or the director may make an inquiry into other available information. During this inquiry, the application for a building permit shall be held in abeyance until the inquiry is finally completed and the inspector's determination is issued. The application for the building permit shall be held in abeyance for a period not to exceed 30 days. If sufficient evidence exists to support the historical commission's opinion that the structure was built during or before 1910 as a residence and thus a designated structure, the commission shall inform the director of planning prior to the expiration of the 30-day period; if the structure has not yet been certified using the process in section 48-790, the commission shall also proceed to certify the structure by initiating within the 30-day period the notice to the owner of the structure as set out in section 48-790. However, if the owner believes the structure is not designated for protection under subsection 48-788(1), the owner shall have the right to challenge the building inspector's determination before the planning commission and thereafter by appeal to the city council. The appeal to the commission shall be made within 30 days of the date of the inspector's decision; the commission shall conduct the appeal as set out in section 48-790(c). The council shall uphold the commission unless the commission's decision was contrary to law or was not supported by a preponderance of evidence. If an appeal was made at the time of the certification process in section 48-790, no other appeal may be made absent submission of information which was not considered at the time of the original certification.

(2)

HARB approval required before razing, moving, altering; definitions. No structure designated in subsections 48-788(1) or (2) shall be razed, moved or altered without first obtaining a permit from the building inspector, which shall be issued only after approval of the same by the HARB, or, on appeal, by the city council after consultation with the HARB. The fee for a building permit subject to review by the HARB pursuant to this section shall be one-half the usual building permit fee. Definitions applying to this subsection are as follows:

Alter oralteration means a substantial change in the structure and/or its distinguishing qualities or characteristic. Examples include the following: additions to or removal of parts of the structure that increase the floor area or otherwise change substantially its size, height, contour or outline; covering a substantial portion of the exterior of the structure with materials other than the same kind used; removal, alteration or addition of major architectural features, such as porches, dormers, cupolas, stairways, terraces and the like; and any other similar major change not specifically noted. Examples of changes that are not alterations include changes inside the structure; replacement in kind of any features on the exterior of the structure; repainting in the same or a different color; addition or deletion of storm windows and door, window gardens, awnings, temporary canopies, or similar appurtenances and window air conditioners; addition or deletion of television or radio antennas; any alterations to the rear of the structure which cannot be seen from the street contiguous to the front yard of the structure; all improvements, alterations or renovations which can be accomplished without obtaining a building permit; or any similar minor changes.

In kind means the same profile, material, design and operating mechanism of the structure that was present when the protection of this section was effective.

Moving means changing the location of the structure. It does not include, for example, the temporary lifting of a structure for purposes of adding a basement.

Razing means the complete destruction of the structure.

(3)

Recommendations needed before a review for variance to move. If moving a structure requires a variance, no variance shall be reviewed by the board of zoning appeals until a recommendation has been made by the HARB and the historical commission.

(4)

Applicability of site plan variances. Nothing in this division is intended to replace existing provisions concerning variances that are related to site plans.

(5)

Contract owners. A contract owner shall be able to apply for any permit required by this division.

(6)

Ancillary structures. Altering, construction or reconstruction of all ancillary structures, or outbuildings, shall be no more than 1½ stories and not exceed 20 feet in height measured to the peak of the roof, of materials, detailing and roof pitch to match the architectural style of the historic structure designated in subsections 48-788(1) or (2), and shall be exempt from architectural and design limitations that are imposed otherwise in the Code. The ancillary structure shall be in style, scale and proportion compatible with the historic structure. HARB approval is required prior to issue of permits by the city.

(Code 1982, § 38-39(g); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

The procedure for obtaining permits for moving, alterations, razing of a designated structure or construction of an ancillary structure shall be as follows:

(1)

The HARB shall hold a public hearing on each request for a permit requiring its approval. The board may promulgate guidelines concerning procedures to be followed.

(2)

Within ten days after receipt of a complete application, the HARB shall notify, by first class mail, owners of adjacent properties and the historical commission of the date of the public hearing on the application. Such hearing shall be held at least ten days but not more than 30 days after such notification. The hearing shall be advertised in at least one newspaper of general circulation in the city and shall include notice of the time and place of the public hearing on the application.

(3)

At the public hearing, the HARB shall:

a.

Consider any recommendation from the historical commission. If the commission has not forwarded a recommendation, the board need not delay its own decision, but it may for good cause.

b.

Hear the applicant and any other person desiring to speak.

c.

Request such additional information from the applicant as it may desire, so that, if at all possible, the decision need not be deferred to a later meeting.

(4)

The board shall approve or deny a permit by majority vote, giving reasons for the decision. Failure of the board to reach a final decision within 30 days of receipt by the board of the requested information shall be deemed to be approval by the board.

(5)

If a variance is required, the board shall forward its recommendations to the board of zoning appeals; and the approval by the HARB shall be conditioned upon the approval of the variance by the board of zoning appeals.

(6)

Following a decision by the HARB, the building inspector shall allow a ten-day period for appeals. The permit shall be issued or denied according to the decision of the board, unless an appeal has been filed, pursuant to section 48-796. In that case, the building inspector shall not act until a determination has been made on the appeal.

(Code 1982, § 38-39(h); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

Razing a building or structure. The board shall review the circumstances of the proposed razing and the condition of the structure proposed for razing and shall report its findings based on consideration of the following criteria:

(1)

Is the building of such architectural or historical interest that razing it would be detrimental to the public interest? In this connection, the HARB must consider the purpose of preservation and may consider the criteria for designating structures listed in section 48-791 and the National Register Criteria for Evaluation.

(2)

Is the design, texture and material of the building so old or unusual that it could not be reproduced or reconstructed in a financially reasonable manner?

(3)

Is the building structurally sound or can it be made sound at reasonable cost?

(4)

If maintained or rehabilitated and used under existing zoning, can the building be expected to yield a reasonable return or beneficial use at reasonable cost to its owner?

(5)

Could the building be saved from razing by moving it to another site, thus making its present site available for redevelopment in accordance with existing zoning?

(b)

Moving a building or structure. The board shall consider the following criteria:

(1)

Would the proposed relocation have a detrimental effect on structural soundness of the building or structure?

(2)

Would the proposed relocation have a detrimental effect on the historical aspects of other historic structures in the HCC district?

(3)

Would relocation prevent demolition of the building?

(4)

Would relocation provide new surroundings that would be harmonious with or incongruous to the historical and architectural aspects of the structure or building?

(5)

Would relocation of the building help preserve and protect a historic place or area of historic interest in the city?

(6)

The economic hardship, if any, to the applicant.

(c)

Altering a building or structure. The board shall consider the drawings and other plans for the proposed alteration. The board shall have the authority to require plans that, in its opinion, provide sufficient detail, clarity and to scale to show the existing conditions and the proposed changes. The board shall adopt rules governing the application procedure. The board shall use the criteria on integrity as set out in the most current National Register Criteria for Evaluation published by the National Park Service and the Secretary of the Interior's Standards for Rehabilitation for Historical Preservation Projects. The board shall be able to provide advice to the applicant that it believes would make the alteration more compatible with the structure and not substantially diminish the integrity of the structure. Upon giving advice, the board shall grant the permit. In all cases, the board shall state its advice in writing and the basis for it within 30 days of the receipt of the application to alter a structure.

(d)

Constructing an ancillary structure. Before any permits are issued by the city to alter or construct an ancillary structure on a land parcel in the historic and cultural conservation district or a parcel of land that is also occupied by a structure on the Official Register of Protected Structures and Sites, application shall be made by the owner by letter to the HARB, via the planning division, with appropriate building plans, including elevations and specifications for all surfaces and materials. The board shall hear the case within 35 days from the receipt of the application. The board will make its decision concerning permit approval in writing within ten days of the conclusion of the hearing. Appeals of HARB decisions may be made under the procedures of section 48-796. City permits may be issued after a HARB approval or conditional approval.

(Code 1982, § 38-39(i); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

Routine maintenance exclusion. Nothing in this division shall be construed to prevent the routine maintenance or repair of any exterior elements of any building or structure so long as there is no change in form or materials.

(b)

Protective maintenance requirement. Pursuant to Code of Virginia, § 15.1-503.2(b), as amended, the purpose of this division is to prevent the demolition by neglect of any building or structure by permitting permanent damage by weather or vandalism. The intent of this division is to ensure that the owner of any building or structure subject to the provisions of this division shall keep such building or structure properly maintained and repaired in accordance with this division, and the provisions of the building and housing codes.

(c)

Degree of maintenance required. The degree of maintenance and repair required is that degree sufficient to prevent damage to the structural components and/or the exterior that would cause the collapse of the structure or that would cause the building to become so deteriorated as to prevent its repair and preservation. Acts which the owner may be required to perform, pursuant to this section, shall include the following:

(1)

Securing the building or structure by boarding up doors and windows;

(2)

Stabilizing walls, roofs and other parts of the building or structure; and

(3)

Termite treatment.

(d)

Enforcement. The board shall request a meeting with an owner when a property is in a seriously deteriorated condition, and the board shall discuss with the owner ways to improve the condition of the building or structure. After this step the board may request the building inspector to investigate further the condition of such building or structure and to make a determination within 14 days of violations of this division. Upon finding that a building is in seriously deteriorated condition which threatens its preservation, the building inspector shall notify the owner, in writing, and shall identify specific repairs and work necessary to comply with the provisions of this division. The owner shall have 90 days from written notification to complete necessary repairs and work identified by the building inspector. Failure to complete the necessary repairs and work within 90 days shall constitute a violation of this division. The owner may appeal an order of the building inspector to the city council.

(Code 1982, § 38-39(j); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

Appeals to decisions of the HARB may be made to the city council:

(1)

Whenever a permit is denied by the HARB, the applicant for such permit has the right to appeal to and be heard before the city council, provided that he files a petition of appeal in writing with the city clerk within ten days after the decision of the HARB. Alternatively, the owner may note the appeal with the HARB at the time of its decision, and HARB shall forward such notice to the city clerk.

(2)

Whenever a permit is approved by the HARB, opponents to the granting of such permit have the right to appeal to and be heard before the city council, provided they file a petition signed by at least 25 adult residents and/or persons owning real estate in the city with the city clerk within ten days after the decision by the HARB. On any appeal, the decision of the HARB to grant a permit shall be stayed pending the outcome of the appeal before the city council.

(3)

Upon receipt of an appeal as provided in subsection (1) or (2) of this section, the city clerk shall notify the city manager, who shall schedule a public hearing before the city council within 30 days of the date of receipt of the notice of appeal. At least ten days notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the city. At the public hearing, the council shall hear a representative of the HARB. On any appeal, the city council shall review the record below and it may reverse or modify the decision of the HARB, if it finds the decision is contrary to law or that its decision is not supported by a preponderance of evidence, or it may affirm the decision of the HARB. The council may remand the matter to the HARB any time substantial new evidence is presented to the council. The council's decision shall be forwarded to the building inspector.

(Code 1982, § 38-39(k); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

Any applicant or any petitioners, as specified in section 48-796, aggrieved by a final decision of the city council shall have the right to appeal such decision to the circuit court having proper jurisdiction for review. Such appeal shall be a petition at law, setting forth the alleged illegality of the action of the city council, and shall be filed within 30 days after the final decision is rendered by the city council. The filing of said petition shall stay the decision of the governing body and any permit issued according to that decision, except that the filing of such petition shall not stay the decision of the city council if such decision denies the right to demolish a historic structure or building.

(b)

The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that the decision of the city council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the city council.

(Code 1982, § 38-39(l); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

In addition to the right of appeal hereinabove set forth, the owner of a historic landmark, building or structure, the demolition of which is subject to the provisions of section 48-792, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure provided:

(1)

The owner has appealed to the city council for such right;

(2)

The owner has, for the period of time set forth in the time schedule contained in subsection (c) of this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building or structure and the land pertaining thereto, to any person, firm, corporation, government or agency, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto; and

(3)

No bona fide contract binding upon all parties, shall have been executed for the sale of any such landmark, building or structure and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule contained in subsection (c) of this section.

(b)

Any appeal which may be taken to the court from the decision of the city council, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell, pursuant to the provisions referred to subsection (a) of this section.

(c)

The time schedule for offers to sell, pursuant to the provisions of this section, shall be as follows:

(1)

Five months when the offering price is less than $55,000.00;

(2)

Six months when the offering price is $55,000.00, or more but less than $75,000.00;

(3)

Seven months when the offering price is $75,000.00 or more, but less than $90,000.00; and

(4)

Twelve months when the offering price is $90,000.00 or more.

(Code 1982, § 38-39(m); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

The city shall, upon request of the owner of a structure in the Official Register of Protected Structures and Sites, make available a plaque which is suitable in terms of materials and aesthetics for mounting on an exterior wall. This plaque shall indicate in wording to be determined by the planning department that the building is officially designated as historically or culturally significant.

(Code 1982, § 38-39(n); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

A lot in the R-1A or R-1B district on which a designated structure is located shall not be reduced in size such that it no longer meets the minimum lot size, frontage, and setback requirements of a lot in the R-1A district. A lot existing at the time of designation of the structure which is substandard with respect to the minimum lot size, frontage, or setback requirements of a lot in the R-1A district shall not be further reduced in size, unless any substandard feature remains unaffected.

(b)

A lot on which a designated structure is located shall not be utilized in any calculation of land area required in the R-C, R-TH or R-M district.

(c)

This division shall not apply to any designated structure for which a bona fide site plan or building permit has been filed with the city on or before the first reading of the ordinance from which this division is derived.

(Code 1982, § 38-39(o); Ord. No. 1072, 5-29-1984; Ord. No. 1277, § 7, 10-10-1989; Ord. No. 1388, 2-10-1992; Ord. No. 1465, 2-28-1994; Ord. No. 1632, 2-8-1999)

(a)

Upon sufficient evidence, the city council may decertify certain properties listed on the city's Official Register. In addition to the other requirements of the HCC district, the owner of a property designated as historic, or their agent, may apply for decertification. The application form provided by the department of development services shall be completed; supporting documentation attached; and a fee paid (see chapter 15, Fees).

(b)

Intent. The intent of this section is to allow a process for decertification of a property listed on the "Official Register" only in those cases where qualified experts have found that the historic fabric of a structure has been destroyed by fire or other "act of God" to such an extent that the continued listing of that property on the "Official Register" no longer serves the goals and purposes of the historic and cultural conservation overlay district.

(c)

Documentation required. The applicant shall provide as much information as possible to support the application, but not less than two of the following must be provided:

(1)

An evaluation and written report by a qualified expert (licensed professional with a certification or training in historic preservation) that the structure has lost its historical integrity as a result of a fire or an act of God;

(2)

An eyewitness account, verbal or written, that the structure protected burned to the degree that no or little original fabric remains;

(3)

A report from the local fire department that the structure protected burned to the degree that no or little original fabric remains;

(4)

A newspaper account of the destruction of the structure;

(5)

Photographs depicting the former and the present condition of the structure protected after "an act of God".

(d)

Upon receipt of an application for decertification, the director of planning and development services will advise the city manager of the application. The application will be referred to the historical commission, which will consider the evidence submitted and make a recommendation to the planning commission. The historical commission shall hold a meeting to consider the evidence presented within 30 calendar days.

(e)

Upon receipt of the application for decertification and the historical commission's recommendation, the planning commission will hold a public hearing to consider the evidence presented within 30 calendar days. The planning commission shall forward its recommendation, along with the historical commission's recommendation, to the city council. Should the planning commission recommend denial, a super majority vote of the council would be required to grant the decertification.

(f)

Upon receipt of the application and the recommendations of the historical commission and the planning commission, the city council shall meet and hold a public hearing as soon as possible, but not more than 45 calendar days after receipt. Following the public hearing, the council will continue the item to receive additional specified information or approve the application or deny the application, stating its reason for the decision. The council action to decertify a specific property shall be by ordinance.

(g)

Following any city council approval to decertify a particular parcel/structure, the applicant shall return to the city the historic designation plaque attached to the structure. After which, the city shall issue a letter to the applicant confirming the council's action and receipt of the plaque. The city shall take the necessary action within ten working days of receipt of the plaque.

(Ord. No. 1889, 2-11-2013)

(a)

The zoning administrator, assisted by the director of planning and development services and the building official, shall maintain the "Official Register of Protected Structures and Sites", which shall contain the listing of structures and sites subject to the provisions of division 15.

(b)

The Official Register replaces all other lists and maps, may be revised and updated, as provided for herein, and shall be the sole record for determining applicability of division 15.

(Ord. No. 1889, 2-11-2013)

Code of Virginia, § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood.

In accordance with these directed provisions, this division is specifically adopted pursuant to the authority granted to localities by Code of Virginia, § 15.2-2280.

The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protections and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 2072, § 1, 5-6-2024)

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the city and identified as areas of special flood hazard identified by the community or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the City of Falls Church by FEMA.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this division and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this division.

(b)

The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may increase by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.

(c)

This division shall not create liability on the part of the city, or any officer or employee, thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Ord. No. 2072, § 1, 5-6-2024)

Records of actions associated with administering this division shall be kept on file and maintained by or under the direction of the floodplain administrator in perpetuity.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

To the extent that the provisions are more restrictive, this division supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect.

(b)

These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

(Ord. No. 2072, § 1, 5-6-2024)

If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this division are hereby declared to be severable.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

Any person who fails to comply with any of the requirements or provisions of this division, or the directions of the zoning administrator or any employee of the City of Falls Church authorized to enforce this division, shall be in violation of the ordinance, and subject to the penalties established for violation of the zoning ordinance.

(b)

The Virginia USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of City of Falls Church are addressed in section 33-10 of the zoning ordinance.

(c)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this subdivision. The imposition of a fine or penalty for any violation of, or noncompliance with, this division shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this division may be declared by the City of Falls Church to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this subdivision.

(Ord. No. 2072, § 1, 5-6-2024)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning:

Accessory structure. See section 48-2, Definitions.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this division, the base flood is the one percent annual chance flood.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Critical facilities means a structure or other improvement that, because of its function, size, service area, or uniqueness, has the potential to cause serious bodily harm, extensive property damage, or disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired. Critical facilities include health and safety facilities, utilities, government facilities, and hazardous materials facilities.

Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling, or other land-disturbing activities or permanent or temporary storage of equipment or materials.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing construction means for the purposes of the insurance program, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."

Flood means:

(1)

A general and temporary condition of partial or complete inundation of normally dry areas from:

a.

The overflow of inland waters or tidal waters; or

b.

The unusual and rapid accumulation of runoff or surface waters from any source; or

c.

Mudflows which are proximately caused by flooding as defined in paragraph (1)b. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community.

Freeboard means a factor of safety usually expressed in feet or inches above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. See section 48-2, Definitions.

Hydrologic and hydraulic engineering analysis means analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

Letters of map change (LOMC) means a letter of map change is an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

Letter of map amendment (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

Letter of map revision (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional letter of map revision (CLOMR) means a formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study.

Lowest adjacent grade means the lowest natural elevation of the ground surface next to the walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44 CFR § 60.3.

Manufactured home as defined in section 48-2. In addition, for floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

Manufactured home park or subdivision. See section 48-2, Definitions.

Mean sea level means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

New construction means structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after effective date of community's first floodplain management ordinance adopted by the community and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

Post-FIRM means for floodplain management purposes, a structure for which construction, or other development for which the "start of construction" occurred on or after the effective date of the initial flood insurance rate map.

Pre-FIRM means for floodplain management purposes, a structure for which construction or other development for which the "start of construction" occurred before the effective date of the initial flood insurance rate map.

Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.

Recreational vehicle. See section 48-2, Definitions.

Repetitive loss structure means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a ten-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure means a structure that: (a) is covered under a contract for flood insurance made available under the NFIP; and (b) has incurred flood related damage: (i) for which four or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000.00, and with the cumulative amount of such claims payments exceeding $20,000.00; or (ii) for which at least two separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Shallow flooding area means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special flood hazard area or SFHA means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in subdivision III, section 48-669 of this division.

Start of construction. See section 48-2, Definitions.

Structure means as defined in section 48-2. In addition, for floodplain management purposes, the term "structure" is also defined as a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost or restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.

The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure;

(3)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the state inventory of historic places must be obtained from the Secretary of the Interior or the state historic preservation officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this division is presumed to be in violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 2072, § 1, 5-6-2024)

Cross reference— Definitions and rules of construction, § 1-2.

The floodplain administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. The floodplain administrator may:

(1)

Do the work themselves. In the absence of a designated floodplain administrator, the duties are conducted by the City of Falls Church Director of Public Works.

(2)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(3)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(Ord. No. 2072, § 1, 5-6-2024)

The duties and responsibilities of the floodplain administrator shall include, but are not limited to:

(1)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(2)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(3)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(4)

Review applications to determine whether all necessary permits have been obtained from the federal, state, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

(5)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the department of conservation and recreation (division of dam safety and floodplain management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA.

(6)

Advise applicants for new construction or substantial improvement of structures that are located within an area of the coastal barrier resources system established by the Coastal Barrier Resources Act that federal flood insurance is not available on such structures; areas subject to this limitation are shown on flood insurance rate maps as coastal barrier resource system areas (CBRS) or otherwise protected areas (OPA).

(7)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(8)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

(9)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(10)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the City of Falls Church, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(11)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

a.

Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps), and letters of map change; and

b.

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(12)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(13)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(14)

Administer the requirements related to proposed work on existing buildings:

a.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

b.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(15)

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include, but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(16)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Falls Church have been modified, and:

a.

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

b.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to department of conservation and recreation (division of dam safety and floodplain management) and FEMA.

(17)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(18)

It is the duty of the community floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).

(Ord. No. 2072, § 1, 5-6-2024)

The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries.

The following shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that adjacent ground elevations:

a.

Are below the base flood elevation in riverine SFHAs, or below the one percent storm surge elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

b.

Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

(2)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(3)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(4)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(5)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

a.

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

b.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to subdivision III, subsection 48-675(a)(3) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

c.

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

The city floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to department of conservation and recreation (division of dam safety and floodplain management) and FEMA.

(b)

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

(c)

In order that all flood insurance rate maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(Ord. No. 2072, § 1, 5-6-2024)

The delineation of any of the floodplain districts may be revised by the city council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. A completed LOMR is a record of this approval.

(Ord. No. 2072, § 1, 5-6-2024)

Initial interpretations of the boundaries of the floodplain districts shall be made by the floodplain administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit their own technical evidence if they so desire.

(Ord. No. 2072, § 1, 5-6-2024)

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(Ord. No. 2072, § 1, 5-6-2024)

When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

Example cases:

•

Any development that causes a rise in the base flood elevations within the floodway.

•

Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause any rise in base flood elevation on adjoining properties.

•

Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges) 44 Code of Federal Regulations § 65.3 and § 65.6(a)(12).

(Ord. No. 2072, § 1, 5-6-2024)

(a)

Basis of districts. The various floodplain districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for City of Falls Church prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated June 6, 2024, and any subsequent revisions or amendments thereto.

The City of Falls Church may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies. The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this division and which shall be kept on file at the City of Falls Church offices.

(1)

The Floodway District is in an AE Zone and is delineated, for the purposes of this division, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 2 of the above-referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the Floodway District of an AE Zone [44 CFR 60.3(d)]:

a.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the City of Falls Church endorsement, for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If subdivision III, subsection 48-675(a)(1)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subdivision IV.

b.

The placement of manufactured homes (mobile homes) is prohibited.

c.

The storage of hazardous material is prohibited.

d.

No outdoor obstructions in the floodway are permissible except:

1.

Outdoor gardens for plants under two feet in height;

2.

Public and private recreational areas such as parks, day camps, picnic grounds, hiking and biking trails;

3.

Accessory residential purposes such as yard areas, gardens, play areas and parking and loading areas;

4.

Utilities and public facilities and improvements including, but not limited to, railroads, streets, bridges, transmission lines, pipelines and other similar or related uses; or

5.

A fence which meets all of the previous and following criteria:

(i)

Designed for water to pass through and to not retain debris during a flood event; and

(ii)

Has been reviewed and approved by the director of public works or designee.

(2)

AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations:

a.

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30, AE, or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the city.

b.

Development activities in the Flood Fringe District including Zones Al-30, AE, or AH on the City of Falls Church's FIRM which increase the water surface elevation of the base flood are prohibited. All proposed development activities must provide proof that there will not be in increase in water surface elevation of the base flood.

(3)

The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply [44 CFR 60.3(b)]:

a.

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

b.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus 18 inches.

c.

During the permitting process, the floodplain administrator shall obtain:

1.

The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and

2.

If the structure has been floodproofed in accordance with the requirements of this subdivision, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(4)

The mapped floodplain includes all of the above regions and also the regions designated as Zone X (Shaded) on the FIRM accompanying the FIS having a one-five hundredth (0.2) percent annual chance of flooding on any flood map or flood insurance study. In this area no emergency service, medical service, critical facilities, or governmental records storage shall be allowed except by special exception using the variance process. Fill for the purpose of constructing a dwelling is also prohibited in the floodplain.

(5)

The mapped floodplain does not include X Zone (unshaded) and D Zone on the FIRM and accompanying FIS as these are areas of minimal flood hazard and undetermined flood hazard, respectively.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(b)

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions pertaining to the floodplain districts shall apply.

(c)

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

Permit requirements.

(1)

All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such uses, activities and development shall be undertaken only in strict compliance with this division and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the city's subdivision regulations, and the Chesapeake Bay Preservation Act, Code of Virginia, § 10.1-2100 et seq.

(2)

Prior to the issuance of any such permit, the floodplain manager shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system.

(b)

Site plans and permit applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

(1)

For structures to be elevated, the elevation of the lowest floor, including the basement.

(2)

For structures to be floodproofed, nonresidential only, the elevation to which the structure will be floodproofed.

(3)

The elevation of the 100-year flood.

(4)

Topographic information showing existing and proposed ground elevations.

(5)

Provide HEC-RAS and CLOMR information to demonstrate no increase in BFE.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

The following provisions shall apply to all permits:

(1)

New construction and substantial improvements shall be built according to this division and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure.

(2)

Manufactured homes and recreational vehicles are prohibited within the SFHA.

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(b)

In addition to provisions (a)(1)—(8) above, in all special flood hazard areas, the additional provisions shall apply:

(1)

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the department of conservation and recreation (division of dam safety and floodplain management), other required agencies, and the Federal Emergency Management Agency.

(2)

The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(Ord. No. 2072, § 1, 5-6-2024)

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with subdivision III, subsection 48-675(a)(3) the following provisions shall apply:

(1)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.

(2)

Non-residential construction.

a.

New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches.

b.

Non-residential buildings located in all A1-30, AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by floodplain administrator.

(3)

Space below the lowest floor. In Zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

a.

Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

b.

Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;

c.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

1.

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

2.

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

3.

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

4.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

5.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

6.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(4)

Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of subdivision IV, subsection 48-712(2) or, if not elevated or dry floodproofed, shall:

a.

Not be used for human habitation;

b.

Be limited to no more than 600 square feet in total floor area;

c.

Be useable only for parking of vehicles or limited storage;

d.

Be constructed with flood damage-resistant materials below the base flood elevation;

e.

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

f.

Be anchored to prevent flotation;

g.

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

h.

Shall be provided with flood openings which shall meet the following criteria:

1.

There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

2.

The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.

3.

The bottom of each flood opening shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

4.

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(c)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(d)

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(Ord. No. 2072, § 1, 5-6-2024)

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:

(1)

The floodplain manager has determined that:

a.

Change is not a substantial repair or substantial improvement; and

b.

No new square footage is being built in the floodplain that is not compliant; and

c.

No new square footage is being built in the floodway; and

d.

The change complies with this division and the Virginia USBC; and

e.

The change, when added to all the changes made during a rolling 12-month period does not constitute 50 percent of the structure's value.

(2)

The changes are required to comply with a citation for a health or safety violation.

(3)

The structure is a historic structure and the change required would impair the historic nature of the structure.

(Ord. No. 2072, § 1, 5-6-2024)

(a)

Variances shall be issued only upon: (i) a showing of good and sufficient cause; (ii) after the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) after the board of zoning appeals has determined that the granting of such variance will not result in: (a) unacceptable or prohibited increases in flood heights; (b) additional threats to public safety; (c) extraordinary public expense; and will not; (d) create nuisances; (e) cause fraud or victimization of the public; or (f) conflict with local laws or ordinances.

(b)

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

(c)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(d)

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the this division and consider the following additional factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the one percent chance flood elevation.

(2)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(10)

The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(12)

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(13)

Accessory structures within the SFHA that are greater than 100 square feet, do not exceed 600 square feet, and do not meet all requirements for elevating or dry floodproofing, as set out in subdivision IV, subsection 48-712(2), must secure a variance in accordance with the floodplain ordinance before a permit is issued. The structure must comply with accessory structure criteria in subdivision IV, subsection 48-712(4). No variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See subdivision IV, subsection 48-712(4)).

(14)

Such other factors which are relevant to the purposes of this division.

(e)

The board of zoning appeals may refer any application, and accompanying documentation pertaining to any request for a variance, to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

(f)

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public safety;

(3)

Extraordinary public expense; and will not:

a.

Create nuisances;

b.

Cause fraud or victimization of the public; or

c.

Conflict with local laws or ordinances.

(g)

Variances shall only be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief.

(h)

The board of zoning appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent chance flood elevation: (a) increases the risks to life and property; and (b) will result in increased premium rates for flood insurance.

(i)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. 2072, § 1, 5-6-2024)