Kirtland City Zoning Code
CHAPTER 1275
HISTORIC TOWN CENTER DISTRICT HTC
§ 1275.01 PURPOSE.
The Historic Town Center District (HTC) is established to preserve, protect and enhance the historic center of the city along State Route 306. The historic character and architectural integrity of existing buildings is to be preserved and guidelines for new development are set forth. The regulations in this District are intended to encourage compact, neighborhood and pedestrian scale retail, service and office uses in the city's center. This District is established to provide for the sale of convenience retail goods and personal services as well as to provide for the needs of visitors to the many tourist attractions in the area.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in the Historic Town Center District only for the uses set forth in the schedules and use regulations of this Zoning Code.
(a) The main buildings and uses set forth in § 1275.03 shall be permitted by right as the principal building or use of a lot.
(b) Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission according to procedures and standards set forth in Chapter 1285. Only those uses so enumerated in § 1275.04 may be approved in the district.
(c) The accessory buildings and uses set forth in § 1275.05 shall be permitted as a subordinate building or use, which is clearly incident to and located on the same lot as the main building or use.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.03 PERMITTED USES.
The following uses shall be permitted in the Historic Town Center District:
(a) All permitted uses as set forth in the Retail Business District, specifically those as enumerated in § 1277.03(a), including any declaration of a similar use by the Planning and Zoning Commission. A declaration of a similar use shall require the approval of a conditional use permit pursuant to Chapter 1285.
(b) All uses permitted in Institutional and Office Districts, specifically those enumerated in § 1273.03, including any declaration of a similar use by the Planning and Zoning Commission. A declaration of a similar use shall require the approval of a Conditional Use Permit pursuant to Chapter 1285.
(c) Any other use declared to be a similar use by the Planning and Zoning Commission and approved as a Conditional Use pursuant to Chapter 1285.
(Ord. 10-O-35, passed 7-21-2010; Am. Ord. 24-O-40, passed 6-17-2024)
§ 1275.04 CONDITIONAL USES.
The following uses may be permitted provided that each use meets the requirements and standards set forth in Chapter 1285, Conditional Uses.
(a) Single-family dwellings, cluster detached dwellings, townhouses, attached single-family dwellings and multi-family dwellings, provided lot sizes, lot widths, setbacks and yards as shown on a development plan are approved by the Planning and Zoning Commission and City Council.
(b) Mixed-use buildings, which include retail shops, service establishments and offices, and residential dwelling units in the same building.
(c) Outdoor serving and consumption and carry-out sales of food and beverages in connection with an established eating facility.
(d) Day-care center.
(e) Instructional or training facility.
(f) Hotel, motel, tourist home, bed and breakfast establishment.
(g) Public utility.
(h) Any use similar to the above conditional uses, declared as such by the Planning and Zoning Commission, and approved as a conditional use pursuant to Chapter 1285.
(Ord. 10-O-35, passed 7-21-2010; Am. Ord. 24-O-40, passed 6-17-2024)
§ 1275.05 ACCESSORY USES.
The following accessory uses shall be permitted in the Historic Town Center District:
(a) Signs as permitted and as regulated in Chapter 1286.
(b) Off-street parking and loading as permitted and as regulated in Chapter 1288.
(c) Trash and material storage enclosed in a building or in an approved structure or enclosure.
(d) Restaurant or snack bar within an office building, public building or motel or hotel.
(e) Any other use customarily incident to the operation of a permitted residential, retail use or service.
(f) Conference center in connection with a motel or hotel.
(g) Swimming pool at a hotel or motel subject to the provisions of § 1268.04(c).
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.06 MINIMUM LOT AREA AND WIDTH REGULATIONS.
(a) Minimum lot area. A minimum lot area for the following permitted or conditional uses shall be:
• Motels, hotels - two acres. The minimum lot area per bedroom unit shall be not less than 2,000 square feet.
• The minimum development area for single-family dwellings, cluster detached dwellings, townhouses, attached single-family dwellings and multi-family dwellings shall be not less than two acres. The minimum lot area per unit shall be not less than 5,000 square feet.
• The minimum lot area per unit in a mixed-use building shall be not less than 2,000 square feet.
• All other permitted and conditional uses - within the Historic Town Center District there shall be no minimum lot area, provided the use shall meet all yard requirements.
• Minimum dwelling unit densities for multi-family dwellings shall be as provided in the R-5 District.
(b) Lot width regulations. The minimum lot width, measured at the required setback, for the following permitted or conditional uses shall be:
• Motels, hotels - 200 feet.
• All other permitted and conditional uses - within the Historic Town Center District no minimum lot width is required if the use meets all required yards.
• Minimum required frontage for a multi-family dwelling development shall be not less than 200 feet.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.07 YARD REGULATIONS.
Front, side and rear yards shall be provided on each lot occupied by a main, conditional or accessory building or use according to the following schedule:
Minimum Yard Dimensions (feet) | |||||||
Building or Use | Front Yard | Side Yard | Rear Yard | ||||
From Center Line (a) | From Lot Line (a) | Adjoins Res. Use | Adjoins Non-Res. Use | Abuts Street (corner) (d) | Adjoins Res. Use | Adjoins Non-Res. Use | |
Any permitted dwelling | 50 | 20 | 10 | 20 | 50/20 | 25 | 30 |
Any other permitted or conditionally permitted building or use; accessory building | 50 | 20 | 20 | (b) 10 | 60/30 | 30 | 15 |
Parking Area | 50 | 20 | 10 | (c) 0/5 | 40/10 | 10 | (c) 0/5 |
Loading Area | 60 | 30 | 40 | 10 | 30/10 | 40 | 10 |
(a) On lots within the Historic Town Center District, the Planning and Zoning Commission may modify the front yard setback requirement by reducing the distance for up to 50 percent if the Commission determines that the overall design of the site will contribute to and enhance the town center concept.
(b) Where an office or business building is planned adjacent to another office or business building, the buildings shall be attached or shall be located not less than the required distance from the lot line.
(c) Required side and rear yards for parking areas shall be landscaped and not used for driveways except as permitted by the Planning and Zoning Commission to connect adjacent parking areas.
(d) First figure is distance from center line; second figure is distance from right-of-way.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.08 MAXIMUM LOT COVERAGE.
The maximum area of the lot which may be covered by main and accessory buildings shall not exceed 30 percent.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.09 LANDSCAPE REGULATIONS.
(a) Each lot occupied by a permitted or conditionally permitted use shall have not less than 25 percent of the lot landscaped.
(b) The Planning and Zoning Commission may require fencing and/or additional landscaping of side and rear yards where adjacent to residentially used or residentially zoned parcels.
(c) Landscapes shall be in accordance with the regulations as set forth in § 1284.04.
(Ord. 10-O-35, passed 7-21-2010; Am. Ord. 24-O-40, passed 6-17-2024)
§ 1275.10 DWELLING UNIT AREA REGULATIONS.
(a) For single-family dwellings, cluster detached dwellings, townhouses and attached single-family dwellings, the minimum dwelling unit area shall be as provided in the R-l and R-2 Districts.
(b) For all other dwelling units, including those in mixed-use structures, the minimum dwelling unit area shall be as provided in the R-5 District.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.11 HEIGHT REGULATIONS.
(a) Permitted buildings shall not exceed three stories and shall not exceed 35 feet in height.
(b) Chimneys, domes, elevator penthouses, skylights, ventilators or other necessary appurtenant features usually located on roofs may be erected to a height above the height limitation but in no case shall such features exceed 20 feet above the maximum permitted height.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.12 MAXIMUM GROUND FLOOR AREA.
Within the District, the ground floor area of any building use except for governmentally owned buildings, churches and other religious buildings, hotels or motels shall not exceed 10,000 square feet.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.13 SITE DESIGN STANDARDS.
Each site shall be developed according to the standards provided in Chapter 1284, Site Design Standards.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.14 BUILDING DESIGN STANDARDS.
(a) Location, orientation, size and shape of buildings.
(1) The linear continuity of buildings shall be preserved by placing primary facades parallel to the street.
(2) New and remodeled buildings shall be compatible with their surroundings. Architectural style, bulk, shape, massing, height, scale and form of new and remodeled buildings and the shape between and around buildings shall be consistent with the character of the area and be in harmony with neighboring buildings. Building design and materials shall also be compatible with the historic residential and institutional structures in the city and include gable roofs and residential-type windows and doors.
(3) Buildings with a facade in excess of 50 feet shall be divided into modules not exceeding 50 feet in width. Each module may have a separate entry, display windows and/or other architectural features to distinguish it from adjacent modules.
(b) Exterior renovation or alteration of existing historic structures.
(1) The distinguishing original qualities of an historic building or structure shall not be destroyed. The removal or alteration of any historic materials or distinctive architectural features shall not occur whenever possible.
(2) Existing houses which are converted to commercial uses shall retain the residential character and general construction design of the period of the structure.
(3) Architectural elements shall be sensitively designed to reflect detailing associated with the particular style of the building.
(4) The design elements of a building addition shall match the design elements of the principal structure, in particular, building materials and color, roof lines and shapes, and window proportions and alignment.
(5) The scale of an addition shall be compatible with the principal structure and surrounding structures and context.
(6) The original pattern of window and door openings and their shape and configuration shall not be altered unless approved by the Planning and Zoning Commission. Window and door openings should not be reduced, enlarged or filled-in on street facade. Replacement windows and doors should match the original size, shape and design as closely as possible.
(7) Original materials shall be repaired, restored and reused whenever possible. Original materials shall not be removed or covered whenever possible. Where necessary missing or deteriorated materials shall be replaced with appropriate recycled or new materials which match the original as closely as possible.
(c) Building materials and appurtenances.
(1) The architectural character and exterior building materials of new and remodeled buildings shall be harmonious with nearby historic buildings in color and texture, materials, proportion, scale, patterns and opening sizes and shapes.
(2) Construction materials and colors for walls and fences that are visible from the street shall be uniform and compatible with the architectural style, color and building material of the building and its surroundings.
(3) Accessory buildings shall be compatible in design and material with the main structure.
(d) Building and lot aesthetics. The specific guidelines for building and lot aesthetics in this subsection have been formatted to provide an illustration of the acceptable and not acceptable methods of building design as it relates to height, scale, massing, setback and other issues. For each specific guideline that follows a description of the recommended approach that the applicant/property owner should "consider" is provided, with an illustration of the result of the design. Similarly, a description is provided of the design approach that the applicant/property owner should "avoid" when designing or remodeling structures in this District.
(1) Height:
A. Acceptable. Relating the overall height of new construction or renovation of existing structures to that of adjacent structures.
B. Not acceptable. New construction that greatly varies in height (too high or too low) from older buildings in the vicinity.
(2) Scale:
A. Acceptable. Relating the size and proportions of new structures to the scale of adjacent buildings. Although much larger than its neighbors in terms of square footage, the building shown maintains the same scale and rhythm as the existing buildings.
B. Not acceptable. Buildings that in height, width or massing violate the existing scale of the area. The new building shown here disrupts the scale and rhythm of the streetscape.
(3) Massing:
A. Acceptable. Breaking up uninteresting boxlike forms into small, varied masses such as are common on most older buildings. Variety of form and massing are elements essential to the character of the streetscape.
B. Not acceptable. Single, monolithic forms that are not relieved by variations in massing. Boxlike facades and forms are intrusive when placed in a streetscape of older buildings that have varied massing and facade articulation.
(4) Directional expression:
A. Acceptable.- Relating the vertical, or nondirectional facade character of new buildings to the predominant directional expression of nearby buildings. Horizontal buildings can be made to relate to the more vertical adjacent structures by breaking the facade into smaller masses that conform to the primary expression of the streetscape.
B. Not acceptable. Strongly horizontal or vertical facade expressions unless compatible with the character of structures in the immediate area. The new building shown does not relate well to either its neighbors or to the rhythm of the streetscape because of its unbroken horizontal facade.
(5) Setback:
A. Acceptable. Maintaining the architectural facade lines of streetscape by locating front walls of new building in the same plane as the facades of adjacent buildings. If existing setbacks vary, new building should conform to historic sitting patterns.
B. Not acceptable. Violating the existing setback pattern by placing new buildings in front of or behind the historic facade line. Avoid placing buildings at odd angles to the street, unless in an area where diverse sitting already exists.
(6) Sense of entry:
A. Acceptable. Articulating the main entrances to the building with covered porches, porticos and other pronounced architectural forms.
B. Not acceptable. Facades with no strong sense of entry. Side entries or entries not defined by a porch or similar transitional element result in an incompatible "flat" first floor facade.
(7) Roof shapes:
A. Acceptable. Relating the roof forms of the new building to those found in the area. Although not entirely necessary, duplication of the existing or traditional roof shapes, pitches and materials on new construction is one way of making new structures more visually compatible.
B. Not acceptable. Introducing roof shapes, pitches or materials not traditionally used in the area.
(8) Rhythm of openings:
A. Acceptable. Respecting the recurrent alternation of wall area with door and window elements in the facade. Also consider the width-to-height ratio of bays in the facade. The placement of openings with respect to the facade's overall composition symmetry, or balanced asymmetry, should be carefully studied.
B. Not acceptable. Introducing incompatible facade patterns that upset the rhythm of openings established in surrounding structures. Glass walls and window and door shapes and their locations shown in the example are disrespectful to the adjoining buildings.
(Ord. 10-O-35, passed 7-21-2010)
§ 1275.15 DEVELOPMENT PLAN REQUIRED.
Site development plans and the review of same are required for all development in the Historic Town Center District in compliance with Chapter 1262. The Planning and Zoning Commission shall have the authority to engage such architectural and other professional consultants as it deems necessary for the review of the Site Development Plan. The reasonable cost of the services of such consultants shall be added to the applicant's fee for the application for Site Development Plan review as an escrow fund to be held by the city from which to pay such costs.
(Ord. 10-O-35, passed 7-21-2010)