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Jefferson City City Zoning Code

ARTICLE III

OVERLAY DISTRICT REGULATIONS

Sec. 35-30.- Redevelopment overlay district.

A.

Purpose. The primary purpose of the Redevelopment Overlay District (ROD) is to:

1.

Eliminate a trend toward blight in specific areas of the City;

2.

Encourage redevelopment of areas highlighted by the Development Plan without creating non-conforming use status for existing properties;

3.

Reduce redevelopment risk by pre-zoning land eliminating lengthy approval processes and certain discretionary review processes; and

4.

Reduce market uncertainty by offering redevelopment alternatives.

The ROD development standards offer methods to redevelop existing buildings and vacant parcels while establishing standards for compatible development within the affected areas.

B.

Effect of application. The ROD shall be applied in combination with the underlying zoning district classification. Existing property may continue to be used as permitted by the underlying zoning. Properties that are proposed to be redeveloped shall be in conformance with the standards provided in this section and those of the district. In the case of conflict between the standards of the underlying classification and the ROD, the ROD standards shall control.

C.

Procedures. The applicant for redevelopment of a property located in an ROD shall submit a site plan in conformance with section 35-71 and an application for a special exception use permit in conformance with subsection 35-73.D. The Planning and Zoning Commission and the Council shall consider the standards in subparagraph D of this section as part of the review criteria.

D.

Property development standards.

1.

Conversion of existing residential dwellings to non-residential uses in areas which have underlying residential zoning is prohibited except:

a.

Where the building to be converted abuts a commercial district; or

b.

If the conversion is the most feasible way to preserve a historically or architecturally significant building. The conversion shall be considered the most feasible way to preserve a building if:

(1)

The applicant demonstrates that residential units are not economically feasible and demonstrates that the use of the building for single family or multi-family dwellings will not yield a reasonable economic return.

(2)

The applicant demonstrates that the buildings are not physically suitable for residential use; and

(3)

Not less than 51 percent of abutting properties are devoted to non-residential uses.

2.

Conversion of existing buildings and new infill development in underlying residential districts shall be done so that the redevelopment complements the existing adjacent buildings and area.

a.

Buildings shall be designed to be compatible with adjacent residential dwellings and shall incorporate the architectural style of existing adjacent buildings.

b.

New development or redevelopment of existing buildings, additions and conversions shall be compatible with the existing surrounding architecture and character of the area so that the exterior of the building appears to have been constructed at the same time as the existing buildings.

c.

Parking for office use or multi-family residential shall be provided on-site and located in the rear of the building. Parking shall be screened from view of abutting residences and residential districts with a type A bufferyard located between the parking and the property line in conformance with section 35-59.

d.

Multi-family development in ROD. Vacant lots may be developed as multi-family residential and existing large residential dwelling units may be converted to multi- family residential provided that the proposed multi-family use is located adjacent to existing multi-family dwellings such as an apartment building, provided, however, in no case shall a multi- family unit be permitted where said use abuts a single-family residence. For purposes of this subsection, a building shall be considered "abutting" if it lies on property which (1) shares a common property line; or (2) is immediately across a street designed as a local or collector street.

e.

Setbacks of new construction shall be in conformance with the underlying district. However, in the case where adjacent buildings were constructed prior to the adoption of the zoning ordinance and the setbacks vary, then the setback for the new construction shall be the average of the abutting existing buildings that either share common property lines or are immediately across a local or collector street. In the case where the infill development abuts vacant lots and/or other buildings of varying front yard and side yard setbacks, the setbacks shall be established in accordance with section 35-51.

f.

The building or structure heights shall conform to the underlying district. However, where adjacent buildings were constructed prior to the adoption of the zoning ordinance and the height of the abutting buildings exceed the height allowed in the underlying zoning district, then the height for the new construction may not exceed the average height of the abutting existing buildings.

Sec. 35-31. - Airport Overlay District.

The Airport Overlay District (AOD) special height regulations, as mandated by the Department of Transportation, Federal Aviation Administration, Federal Aviation Regulations, 14 C.F.R. Part 77,1996, which are incorporated by reference hereto, shall apply to any land airport, other than a helicopter landing facility, owned and operated by a public agency, and shall be applied in combination with the underlying zoning district classification. The location of the AOD boundaries are generally shown on the zoning map. The airport layout plan (ALP), on file at the Jefferson City Memorial Airport, shall be referred to for the exact location of AOD boundaries, and all development shall be in compliance with the ALP and the applicable Federal Aviation Regulations.

Sec. 35-32. - Flood hazard overlay district.

Development within the Flood Hazard Overlay District (FHOD) shall be in conformance with chapter 8, article VI of the Code, which is incorporated by reference hereto. These standards shall be applied in combination with the underlying zoning district classification. The FHOD boundaries are generally shown on the zoning map. The exact location of the flood hazard boundaries for a lot or parcel shall be as indicated on the current flood insurance rate map (FIRM) for the area in which the particular lot or parcel is located.

Sec. 35-33. - Neighborhood Conservation Overlay District.

A.

Intent and purpose. The NC Neighborhood Conservation Overlay District is intended to promote the health, safety, and general welfare of the community by encouraging the conservation and enhancement of the built environment of established urban neighborhoods.

The purposes of the district are:

1.

To maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment so as to stabilize and enhance property values;

2.

To promote the efficient use of urban land including the encouragement of infill development on vacant and passed-over parcels that is compatible with the area;

3.

To encourage and support the rehabilitation and renovation of existing structures;

4.

To foster the harmonious, orderly, and efficient growth, development, and redevelopment of the community in a manner that accommodates desirable change;

5.

To recognize and protect specific properties and neighborhoods with special architectural features or qualities representing earlier periods of development.

B.

Definitions. For purposes of this section the following definitions shall apply:

1.

Conversion shall mean the alteration or adaptive reuse of a structure to accommodate uses for which it was not originally designed or constructed. Examples include but are not limited to, converting a warehouse into a restaurant, an office building into residential apartments, and a single family house into apartments.

2.

Designation ordinance shall mean the official zoning document which the City Council enacts specifying a certain area as a Neighborhood Conservation District.

3.

Infill development shall mean new construction on vacant bypassed parcels of land or clearance and redevelopment to replace dilapidated or deteriorated structures.

4.

Guidelines shall mean that the provisions are recommended, but not mandatory; i.e., something that "may" be done.

5.

Regulations shall mean that the provisions are mandatory, i.e., something that "shall" be done.

6.

Rehabilitation shall mean returning a structure to a state of utility by replacement and alteration designed to encourage its continued use while preserving exterior features of significant value. Examples include reconstruction of a porch or removal and replacement of windows and doors.

7.

Renovation shall mean refurbishing a structure so it conforms to minimum standards of sanitation, fire and life safety while preserving exterior features of significant value. Examples include installation of new exterior siding or replacement of gutters and downspouts. .

8.

Neighborhood conservation shall mean public and private efforts to maintain and enhance the sustained use and appearance of established urban areas through, renovation, rehabilitation, alteration and conversion, and infill development or redevelopment.

C.

General provisions.

1.

Neighborhood Conservation District overlay zoning may be enacted in conjunction with any underlying zoning district or districts within the City in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the Neighborhood Conservation District except where modified by the Conservation District designation ordinance.

2.

Areas, tracts, or sites within the Neighborhood Conservation District shall be identified on the official zoning map and in other official writings by the suffix "NC."

D.

Designation procedure.

1.

The City of Jefferson may designate areas, tracts or sites for inclusion within a Neighborhood Conservation District in the same manner prescribed for the designation of other zoning districts by this chapter and subject to compliance with this section.

2.

An application for designation may be initiated by any of the following methods:

a.

Property owners or neighborhood organizations of the area, tract or site to be designated, provided the application includes:

(1)

A petition duly signed and acknowledged by the owners of 50 percent or more of the areas of land (exclusive of streets and alleys) within the boundaries of the proposed district shown on an attached map; and

(2)

A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation; or

b.

The City Council, provided the application includes:

(1)

A petition duly signed and acknowledged by the owners of 25 percent or more of the areas of land (exclusive of streets and alleys) within the boundaries of the proposed district shown on an attached map; and

(2)

A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation.

c.

The City Council, provided the application includes:

(1)

A resolution from the Planning and Zoning Commission identifying the boundaries and requesting enactment of the proposed district; and

(2)

A neighborhood redevelopment plan documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation including recommendations regarding land use and design guidelines.

3.

Upon initiation of an application, an ordinance for NC designation shall be drafted. The ordinance shall contain a set of regulations and guidelines designed to address the conditions and purposes contained in the application. The ordinance shall be approved as to form by the City Counselor. A public hearing shall then be held by the Planning and Zoning Commission. Written notice shall be given to all owners of affected property in accordance with the requirements of this chapter.

4.

The Planning and Zoning Commission may receive testimony or documented evidence regarding the importance and effects of neighborhood conservation designation within the proposed district. Testimony from neighborhood organizations affected shall be directly solicited and considered by the Commission.

5.

If the Planning and Zoning Commission finds that the area meets the designation criteria listed below, it shall forward the designation ordinance, with or without any recommended changes, to the City Council for the Council's consideration.

E.

Designation criteria. When determining a district's potential for Neighborhood Conservation designation, the Planning and Zoning Commission and City Council shall ensure that one or more of the following criteria are satisfied:

1.

The area contains similar land uses and densities, displays unifying elements and possesses cohesive physical, social, or economic relationships;

2.

There is evidence of structural deterioration, encroachment of incompatible land uses or erection of incompatible structures which are contributing to the decline of the area;

3.

The area exhibits revitalization potential but coordinated action or treatment is needed;

4.

There is evidence that Neighborhood Conservation designation would be an appropriate and effective method for conserving and revitalizing the area;

5.

District property owners and/or residents desire and support neighborhood conservation efforts; or

6.

District designation conforms to City plans and policies.

F.

Designation ordinance.

1.

The designation ordinance shall identify the district boundaries, which shall be compact, contiguous and uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines.

2.

The designation ordinance shall include regulations and guidelines which apply to new construction as well as to additions, alterations, rehabilitation, conversion and renovation of existing structures. To help ensure that such work is compatible with the architectural character of the district in terms of design and materials, the regulations and guidelines may address one or more of the following:

a.

Site elements, including:

(1)

Building orientation and separation,

(2)

Area, bulk and density restrictions including maximum floor area, minimum lot size and width, minimum lot area per dwelling unit, minimum building setbacks and build to lines, maximum lot coverage, height limits, and other related provisions;

(3)

Parking regulations such as the number of required spaces per type of use, the location and design of parking areas, driveways, lighting, and other related provisions;

(4)

Walls, fences, retaining walls and walkways;

(5)

Landscaping and screening;

(6)

Lighting and signage;

(7)

Accessory structures, including carports and garages; and

(8)

Service and mechanical areas.

b.

Building elements, including:

(1)

Architectural style and scale;

(2)

Height, number of stories and vertical alignment;

(3)

Roof type, pitch and materials;

(4)

Exterior wall materials, texture and color;

(5)

Foundation height and materials;

(6)

Window and door type and arrangement; and

(7)

Porches, decks and awnings.

G.

Procedure for review and approval of development plans.

1.

Prior to undertaking any regulated work and the issuance of any building or other permit for such work in a Neighborhood Conservation District, the owner shall submit a building and/or site development plan for review and approval by the director of planning and protective services. The building or site development plan shall be clearly drawn in ink on 8½-inch by 11-inch or 18-inch by 24-inch sheets of durable paper at a scale of at least one inch equals 20 feet. Four copies of the plan shall be submitted, which unless modified by the director, shall include the following:

a.

The lot number or a metes and bounds description of the property to be developed;

b.

The boundaries and dimensions of the lot or property to be developed;

c.

The location of all building setback lines along adjacent streets and lots;

d.

The location and designation of all easements on the lot or property to be developed;

e.

The location of all existing structures on, and adjacent to, the lot or property to be developed;

f.

The location and dimensions of all existing and proposed driveways, parking areas, walls, fences, retaining walls, walkways, landscaping and screening, lighting, signage, and service and mechanical areas on the lot to be developed;

g.

The location and dimension of all new structures and additions including entrance doors, windows, porches, balconies, carports and garages;

h.

A building elevation drawing or photograph and a list, description and samples of materials to be used; and

i.

Any other information deemed necessary to show compliance with this section and with regulations and standards of the applicable conservation district designation ordinance.

2.

Depending upon the nature of the proposed project, additional information may be required to be included on the site development plan as listed in section 35-71 (site plan review) of the Zoning Code.

3.

Upon receiving the building and/or site development plan, the director shall notify any officially recognized neighborhood association within said district in writing.

4.

The director shall review the building or site development plan for compliance with paragraph 1 above, and the regulations and standards of the designation ordinance within two weeks of receipt. If approved, a copy shall be sent to the building regulations division. A copy of the approved plan shall then be sent to the building regulations division. A decision to disapprove development plan shall be made in writing and shall state the specific reasons for disapproval. If the director disapproves the development plan, the owner may revise the plan to reflect the director's comments, or may, within ten days file an appeal with the Board of Adjustment in accordance with this Chapter.

H.

Amendments. Unless otherwise provided for in the designation ordinance, any amendment may be initiated in the same manner as for an original designation ordinance.

(Ord. 14088, § 1, 8-7-2006; Ord. No. 15647, § 1, 4-17-2017)

Sec. 35-34. - Established Neighborhood Conservation Overlay Districts.

A.

Lower Jefferson Conservation District. The Lower Jefferson Conservation District, established by Ordinance No. 13251, adopted August 20, 2001, is hereby established as a NC Conservation District.

B.

Capitol Avenue Neighborhood Conservation Overlay District.

1.

Applicability. The standards of this section shall apply equally, as follows, to residential and nonresidential sites, buildings and uses located within the Capitol Avenue Neighborhood Conservation Overlay District as shown on the zoning map of the Zoning Code of the City of Jefferson, unless specifically exempted.

a.

New Construction. Newly constructed primary buildings shall adhere to all requirements of this section. Properties with newly constructed primary buildings shall adhere to all site design requirements of this section. Existing accessory structures on new construction sites may be retained in their current form or renovated to a level of greater compliance with this section.

b.

Building additions. Building additions shall meet all requirements of this section with the following exceptions:

(1)

Where a building addition occurs on or extends the front façade of a building, the front facade of the building shall be upgraded to meet the front facade based requirements of this section.

(2)

Where the exterior finish of a building does not meet the exterior finish standards of this section, the exterior finish of the building addition may match the original building.

c.

Front porches.

(1)

Newly installed front porches shall meet all requirements of this section. Where a front porch currently exists without a roof, construction of a roof shall be done in accordance with all requirements of this section, which may involve the enlargement or modification of the existing porch if necessary.

(2)

Newly installed design elements to an existing front porch shall not be in conflict with this section.

(3)

Replacement of front porches shall meet all requirements of this section. Roofs of existing front porches may be replaced in their current size and extent but shall meet all design requirements of front porch roofs. Replacement columns shall meet the requirements of this section.

(4)

Repair of front porches. Existing front porches may be repaired in a manner that does not change their current appearance. Repair of a porch roof that involves removal or replacement of greater than 25 percent of the porch roof structure shall be considered a complete roof replacement, and subject to the requirements for a new porch roof.

d.

Exterior alteration, rehabilitation, or renovation activities may be conducted to the extent that any newly installed materials adhere to and do not conflict with the requirements of this section. Activities that result in a conforming structure becoming non-conforming or a non-conforming structure becoming less conforming with the standards of this section, through removal of existing materials or architectural features from a building or façade, are not permitted. Unpermitted exterior materials may not be replaced if removed.

e.

Accessory buildings, structures and uses.

(1)

Newly constructed accessory buildings and structures shall comply with the requirements of this section.

(2)

Existing accessory buildings and structures may be repaired in a manner that does not change their appearance or conflict with requirements of this section. Repair of an existing accessory building or structure that exceeds 50 percent of the value of the structure shall be considered a new construction.

2.

Exemptions. The standards and guidelines of this section shall not apply to the following.

a.

Land approved as part of a PUD plan.

b.

Construction of terraces, patios, walkways or similar structures at grade level.

c.

Installation of storm doors, storm windows or window air conditioners, provided the size of the opening is not changed.

d.

Installation of gutters, intake vents, exhaust vents or chimney caps.

e.

Maintenance, repair or replacement of any exterior architectural feature of a structure which does not change the design, material or outward appearance of the structure, except that unpermitted exterior materials shall not be replaced.

f.

Any interior alteration, rehabilitation, renovation or remodeling, except that any increase in the number of residential units shall require adherence to the street frontage and window requirements for all existing and proposed residential units.

g.

City abatement of violations of the property maintenance code or other codes.

3.

Land use. Permitted land use shall adhere to the underlying zoning district with the following exceptions:

a.

Multi-family residential uses, where permitted, shall have a maximum of four units per building. Buildings with greater than four residential units are not permitted except in accordance with an approved PUD planned unit development plan.

4.

Site design standards.

a.

Building orientation. All primary structures shall be oriented to the street and shall provide at least one entrance facing the street. Primary structures located on corner lots shall be oriented to the dominant street and provide at least one entrance facing the dominant street, with the dominant street hierarchy established in the following order:

(1)

Capitol Avenue (400 to 700 blocks).

(2)

East High Street.

(3)

North/south streets running perpendicular to Capitol Avenue and East High Street.

(4)

Capitol Avenue (800 to 900 blocks).

(5)

State Street.

b.

Lot area and width. No modification of the underlying zoning district.

c.

Building setbacks.

(1)

Front setbacks shall be established by averaging the distance of building setbacks of structures on abutting lots, or in the absence of structures on abutting lots, along the average frontage line of all structures in the same block.

(2)

The front façade of new primary structures shall be located at the front setback line or within two feet of the average frontage line of the block.

(3)

Structures located on corner lots shall adhere to the above front setback requirements for both streets.

d.

Driveways.

(1)

No driveway access to a street hereafter constructed or expanded shall exceed 18 feet in width for a one or two family structure or 24 feet in width for all other uses.

(2)

Where a property borders an alley, driveways shall connect to the alley and shall have their principal access from the alley, with no access to the street necessary, whenever possible. Properties may be served by driveway access to both the alley and the street, but are encouraged to connect only to the alley.

e.

Parking.

(1)

Location.

(a)

One and two family uses. Parking spaces and parking lots shall be located to the side or rear of structures. No parking is permitted on the portion of the lot in front of the front facade of a primary structure.

(b)

Multi-family and non-residential uses. Parking lots shall be located in the rear yard. Where rear yard area is unavailable for establishment of a parking lot, parking may be located in the side yard but shall not extend in front of the front plane of the building and shall not exceed 62 feet along the adjacent street frontage and shall include a ten feet wide type A landscaping buffer adjacent to the parking lot on the street side.

(c)

Parking lots and driveways shall be paved in accordance with section 35-58.

(2)

Number of spaces.

(a)

One and two family uses. No modification of off-street parking requirements, exceptions and reductions outlined in section 35-38.

(b)

Multi-family and non-residential uses. No modification of off street parking requirements, exceptions and reductions outlined in section 35-38.

f.

Landscaping and walkways.

(1)

Not more than five percent of the front yard may be covered with gravel or crushed rock.

(2)

A front concrete walkway of at least 36 inches in width shall directly connect the front door entry space to the sidewalk and street curb.

(3)

Landscaping is encouraged to be placed in front of porches in order to accentuate the design of the structure and porch. Such landscaping should consist of a combination of small trees, shrubs, perennials and annuals, and should not obscure porch railing or the front of the structure.

g.

Fences.

(1)

Front and side yard. Fences located in the front yard and side yard shall consist of decorative metal fencing with a maximum height of three feet. Solid fencing (more than 25 percent opaque) and chain link fencing is not permitted in front or side yards.

(2)

Rear yard. No modifications of the underlying zoning district. Chain link and solid screening fencing is permitted in rear yard areas.

h.

Accessory structures.

(1)

Accessory buildings greater than 200 square feet in size and located within 60 feet of a street right-of-way or located in front of the rear plane of the primary structure on the property, shall be finished with brick or stone of a similar appearance and color as the primary structure. In the event that the primary structure is not finished with brick or stone, the accessory structure shall be finished with brick with a dark red hue.

(2)

Satellite dishes shall be placed in side or rear yards or, if building mounted, shall be mounted so that they are not visible from the dominant street.

i.

Outdoor lighting. No modifications of the underlying zoning district.

j.

Signage.

(1)

Non-residential and multi-family uses. Non-residential and multi-family uses shall per permitted the following on premise signage:

(a)

One freestanding sign per street frontage. Each sign shall not exceed 24 square feet in area and four feet in height.

(b)

Building mounted signage not to exceed a total of 24 square feet in area per street frontage.

(2)

One and two family uses. No modifications from sign code allowances.

(3)

If illuminated, signage shall be externally illuminated by shielded spotlight and shall not cast direct light beyond the sign structure.

5.

Building design standards. Primary structures shall meet the following building design regulations.

a.

Exterior walls.

(1)

Exterior walls of the front and side facades shall be finished with brick or stone from the foundation to the cornice. Other exterior walls of primary structures (including roof peaks located above the cornice on the front or side façade, exterior walls on the rear facade, and rear additions where addition is located greater than 25 feet from the front facade) shall consist of brick, stone, stucco, or siding consisting of aluminum, Masonite, steel or wood; but shall not be finished with vinyl siding, plain concrete, plain concrete block, corrugated metal, plywood, oriented-strand board, asphalt shingles, or sheet pressboard. When horizontal siding is used, the reveal shall be six inches or less. The finish material on exterior walls of additions to the front or side façade shall match the existing structure. For the purpose of this subsection, a building shall have only one front façade, which shall be the façade facing the dominant street, side facades shall be the sides of the building perpendicular to the dominant street, rear facades shall be the side of the building opposite of the front façade.

(2)

Existing brick or stone facades shall not be painted Existing painted brick is encouraged to have the paint removed to expose the original brick or repainted to give the appearance of original brick.

(3)

All trim shall be wood or materials that have the appearance of wood.

(4)

Building additions to the front of existing structures are not permitted.

b.

Roof type and pitch.

(1)

All new principal structures or additions shall have roofs with pitches having a minimum slope of four units vertical in 12 units horizontal and a maximum slope of one unit vertical in one unit horizontal.

(2)

Roof type and pitch on additions shall match the existing structure in terms of slope and design.

(3)

Roof designs shall include a decorative cornice along the front façade. Corner lots with frontage on Capitol Avenue shall have a decorative cornice along the facades facing both streets.

(4)

Properties with a dominant street front of Capitol Avenue shall include cornice brackets along the front facade, at intervals of three feet or less, with permitted interruptions when conflicting with window hoods or other architectural elements. Corner lots with a dominant street front of Capitol Avenue shall have cornice brackets along the facades facing both streets.

(5)

Roofing material shall consist of shingles. Metal or tile roofing is not permitted.

(6)

Skylights and solar collectors shall not be placed in locations visible from the street when these are newly installed or replaced.

(7)

Roof mounted mechanical equipment shall be screened from view of the street.

c.

Windows and doors.

(1)

Each street facing façade of principal structures and additions shall contain a minimum of five percent and a maximum of 20 percent of the total façade square footage in glazing.

(2)

A majority of the number of windows facing the dominant street shall be of a double hung design.

(3)

A majority of the number of windows facing the dominant street shall have a window hood (or brick arch window head) and window sill.

(4)

Metal or vinyl awnings shall not be added over windows or doors and shall not be replaced if removed.

(5)

Doors and windows shall not be blocked or enclosed on any walls visible from the street.

d.

Entrance doors and porches.

(1)

All primary structures shall include an entry door that faces the dominant street onto a covered porch. The porch may be of a two-story design.

(2)

Porch design standards. Porches shall meet the following design standards.

(a)

The covered porch shall extend a minimum of 40 percent of the length of the front façade of the building and have a minimum depth of six feet and a maximum depth of 15 feet.

(b)

The roof of the porch shall be either:

i.

A frame construction with supporting columns and shingled roof with a roof pitch with a minimum slope of three units vertical in 12 units horizontal and a maximum slope of one unit vertical in one unit horizontal.

ii.

A flat roof with balcony railing.

iii.

A two-story design with frame or flat roof above the second story meeting the requirements above.

(c)

The porch shall include a decorative cornice for the length and depth of the porch roof. Porches of a two-story design shall have a decorative cornice at each story.

(d)

Supporting columns of a porch shall have a minimum width and minimum depth of six inches each. Column designs shall include a column capital and column base that are differentiated from the column by design, material, or color. Decorative metal and wrought iron porch columns are not permitted.

(e)

Incorporation of railing into the porch design is encouraged. Porch railing should not be taller than the bottom of windows behind the railing unless installed as a guard for drop-offs as required by building code regulations.

(f)

No portion of any porches facing a street shall be enclosed (enclosure of porches with glass, wire screening or other screening material is not permitted).

e.

Architectural features.

(1)

Buildings shall incorporate a minimum of three different architectural features from the following list into the design of the front façade. For buildings on corner lots with a dominant street front of Capitol Avenue, this requirement shall apply to the facades facing both streets.

(a)

Decorative quoins (at both front corners of building extending from bottom to top of facade)

(b)

Dormer, with window facing street and maximum width of dormer of 12 feet.

(c)

Arch topped windows, either consisting of windows or as an architectural feature (on a minimum of two windows, not including window sills or brick arch window heads).

(d)

Shutters (on all windows of second floor).

(e)

Bay window.

(f)

Rounded corner tower or turret.

(g)

Transom or sidelight windows at main entry.

(h)

Brick or stone chimney, visible from street.

(i)

Two story columns.

(j)

Balconet.

(k)

Roundel window or peek-a-boo window.

(l)

Cornice brackets, at regular intervals across the façade with permitted interruptions when conflicting with window hoods or other architectural elements. (except for properties fronting on Capitol Avenue, where this is a required feature).

(m)

Decorative frieze below cornice, with repeating patterns or decoration spanning the length of the front façade and minimum frieze height of ten inches.

(n)

Porch railing, along full length and depth of porch, except for walkways and columns, with a minimum 20 percent opaqueness and maximum 60 percent opaqueness.

(o)

Cornice brackets on porch, at intervals of four feet or less.

f.

Foundations. All new primary structures shall have a foundation constructed of brick, stone, concrete or other form of masonry material. If plain concrete or plain concrete block is used, the foundation shall not be exposed more than one feet above finished grade. Existing or new unpainted brick or other masonry foundation materials shall not be painted.

g.

Building height. Maximum building height shall be 2.5 stories, not including one basement level below the primary street entrance but including attic levels with finished space or dormer windows as a half story, or 45 feet, as measured from the grade of the lot facing the dominant street, whichever is less. Minimum building height shall be two stories as measured from the story facing the dominant street.

h.

Utilities. Utility and mechanical connections shall not be located on the front façade when newly installed or replaced.

i.

Duplicate plans. Buildings with the same or substantially same design or exterior appearance shall not be located on adjacent parcels. Adjacent buildings shall be substantially differentiated in exterior detailing.

j.

Standards for multiunit structures. Each residential unit within a multi-unit building shall have wall frontage on a portion of the building facing a bordering street and at least one window facing a bordering street. Multifamily buildings are encouraged to be constructed in a two-flat, four-flat, or similar floorplan design.

k.

Reconstruction, repair, or replacement of building elements associated with original structure. Where documented evidence shows elements of a building existing prior to 1940 that have since been removed or are in need of repair or replacement, said elements may be reconstructed in the same design and appearance as the original element despite any conflicts with the requirements of this section.

l.

Renovation or reconstruction of buildings are encouraged to use the original design and architectural elements of a building, as well as the other buildings in the neighborhood, as a guide while meeting the requirements of this section. Reuse of historic materials, either from the original structure or salvaged from a deconstructed or demolished structure, is highly encouraged.

m.

Color of exterior features. Property owners are encouraged to use historic color palettes when choosing color for structures, trim, and accent.

6.

Demolition. Demolition of structures within the district is subject to requirements of chapter 8, building and building regulations, including Historic Preservation Commission review requirements of section 8-32 with the following exception.

a.

For demolition of primary structures, demolitions of additions to or portions of primary structures, and demolitions of accessory structures located within the district, that are 50 years old or older, demolition shall not be permitted without a majority vote by the Historic Preservation Commission under the review processes and standards outlined in subsections 8-32.B and C.

b.

An unfavorable vote by the Historic Preservation Commission may be appealed to the City Council, and demolition approved with a favorable vote of the City Council.

(Ord. No. 15647, § 2, 4-17-2017)

Sec. 35-35. - National Register Historic Overlay.

A.

The National Register Historic Overlay (NR) District is hereby zoned as historic and within the NR District, all rights, benefits, and protections afforded under state or federal law to properties and locations included on the National Register of Historic Places are hereby reserved to the fullest extent allowed by law.

B.

The boundaries of the NR District shall be deemed to extend to and include all interior and adjacent public rights-of-way.

(Ord. No. 15815, § 1, 8-20-2018)