La Conner City Zoning Code

Encourage affordable housing in a general residential environment by permitting the use of Class A manufactured homes;

Assure compatibility in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent lots in the same district;

Provide for compliance with energy standards, fire safety standards, and uniform construction standards;

Protect the character and diversity of neighborhoods by avoiding concentration of manufactured homes (except within an approved PURD for manufactured homes).

The unit must be a factory-built structure designed and constructed to meet Labor and Industry standards.

Installation and foundation must comply with either ANSI standards and/or manufacturer's requirements.

No manufactured unit shall have windows or doors or other features, or use color combinations that would be incompatible with site built housing in residential neighborhoods.

The minimum width of the main body of the manufactured home shall not be less than 24 feet. This minimum width standard shall not apply to tiny homes, as defined in LCMC § 15.20.100.

The minimum pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be 10-1/2 feet. Roofing materials shall be nonreflective and of the same type used for site built units.

The exterior finish shall be similar to that of site built housing. Reflection from such exterior material shall not be greater than from siding coated with white gloss exterior enamel.

Permanent steps shall be installed at all exits.

All manufactured units installed in the floodplain shall meet the requirements of Chapter 15.70 LCMC, Floodplain Management.

Annual Income. All purchasers and/or renters shall be from a household whose annual income, at the household's initial occupancy of the residence, is low income or less (as defined under subsection (2)(c) of this section), as adjusted by family size, for Skagit County, Washington, based on the most recent census data or other verifiable source as determined by the town.

Housing Expenses. The monthly expenditure by a purchaser or renter for housing including mortgage payment or rent, insurance, and taxes does not exceed 38 percent of the gross household income at the time of purchase and the amount for monthly mortgage and utilities (water and sewer) payment does not exceed 30 percent of gross household income. All other variable living expenses associated with the resident's occupancy shall not be a factor in the calculation of affordability.

Affordable Housing. Federal guidelines define affordable housing as decent, quality housing that does not exceed 30 percent of a household's gross monthly income for rent or mortgage and utility payments.

"Extremely low-income household" means a single person, household, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income.

"Very low-income household" means a single person, household, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income.

"Low-income household" means a single person, household, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income.

"Moderate-income household" means a single person, household, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income.

"Median household income" means the amount calculated and published by the HUD each year for the Skagit County statistical area as the median household or family income, adjusted by HUD for household size.

Application form indicating:

Legal description of site and statement of present ownership;

Description of the natural setting, including slope, topography, soil type, significant land forms, bodies of water, trees and other vegetation, scenic assets and surrounding buildings. Areas requiring substantial recontouring or grading shall be described;

Development schedule including estimated dates of start, completion and phasing;

Intent as to final ownership, including plans for rental, sale or combination. If the proposed use is housing for households whose income is classified as low, very low, or extremely low-income, there must be provisions to ensure that those dwelling units will remain available for low, very low, or extremely low-income individuals and households for not less than 50 years.

Guarantee of Affordability. Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall establish controls, subject to approval by the town attorney, to ensure that the project's single-household or multihousehold residences remain affordable for a minimum of 50 years in accordance with the definition of affordable housing in LCMC § 15.25.015. All such controls shall be recorded in the title records of Skagit County. The controls may take various forms including:

Site development map(s) depicting:

If the proposed site is within shoreline management jurisdiction, an application for shoreline substantial development permit along with any other permits required, such as a floodplain permit or other local, state, or federal permits, shall be filed;

A description of the types of dwelling units and number of bedrooms in each;

A description of programs for ensuring continued maintenance of common elements of the development;

Architectural plans depicting general typical floor plans with dimensions, elevations or renderings sufficient to indicate the basic architectural character of the development;

An environmental checklist;

Any additional information required by staff and the planning commission as necessary to evaluate the character and impact of the proposed PURD.

Notice shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation within the town.

Notices of the hearing shall be mailed to all property owners within 300 feet of the proposed development. Addresses for mail notices shall be obtained by the staff.

Additional notice of such hearing may be required by local authorities to notify adjacent property owners and the public, i.e., posting on the property.

Change the use or character of the development;

Increase overall coverage of structures;

Increase density;

Reduce the amount of open spaces;

Change the general location or amount of land devoted to specific uses.

An area of the site covered by buildings, roads, parking structures or accessory structures;

Proposed street rights-of-way;

Open parking areas and driveways for dwellings;

School sites;

Commercial areas;

Open Space. A density bonus of up to 20 percent is allowed for providing up to 20 percent of gross site area as common open space (in addition to the common open space required in LCMC § 15.25.120(5)) on an equivalent basis.

A density bonus of up to 10 percent is allowed for landscaping, recreation facilities or improvements suitable to the site that enhance the quality of the development and benefit the residents of the PURD and the town of La Conner.

Cemeteries and other burial plots while used for that purpose;

Divisions made by testamentary provisions, or the laws of descent;

A division for the purpose of leasing space for a mobile home or travel trailer within a mobile home park and in accordance with an approved site plan therefor;

A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

A division of land under threat of eminent domain or sale by an agency or division of government vested with the power of condemnation.

A survey map of reproducible material, at least 18-inch by 24-inch in size with two-inch margins, signed by a registered land surveyor and eight copies containing:

Evidence of title.

If lots are to be served by a private street, copies of applicable covenants or documents with provisions covering, but not limited to, ingress, egress, utility easements, and maintenance shall be furnished to the town and recorded to or simultaneously with the subdivision or short subdivision.

Unless an applicant for preliminary plat approval requests otherwise, the preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, shoreline substantial development, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

Development schedule.

Notice shall be published at least once not less than 10 days prior to the hearing in a newspaper of general circulation within the county and the town.

Special notice shall be given to adjacent landowners, as shown on the records of the Skagit County assessor's office or obtained from a title company doing business in Skagit County, located within 300 feet of any portion of the boundary of the proposed short subdivision.

All public hearing notices shall include a description of the location of the proposed subdivision or short subdivision, either by legal description, identification of an address, written description, vicinity sketch, or other reasonable means.

Hold a public hearing on a preliminary plat for a subdivision;

Approve or disapprove a preliminary plat for a subdivision;

The sole authority to approve final plats and to adopt or amend platting ordinances shall reside in the town council.

Post notice of short plat on the property.

Mail the notice of application to all owners of property within 300 feet of proposed short plat.

Approve or disapprove preliminary plat proposal.

Approve final short plat.

The public health, safety, and general welfare;

Open space;

Drainage ways;

Streets or roads, alleys or other public ways;

Transit stops;

Potable water supplies;

Sanitary wastes;

Parks, playgrounds and recreation;

Schools and schoolgrounds;

All other relevant facts, including sidewalks and other planning features that assure safe walking conditions;

Whether the public interest will be served by the proposed subdivision and dedication;

Compliance with the town of La Conner comprehensive plan, shoreline management plan, and this code.

No dedication, provision of public improvements, or impact fees shall be allowed that constitutes an unconstitutional taking of private property.

Construction of protective improvements may be required as a condition of approval if the subdivision or short subdivision is located within a floodplain, and such improvements shall be noted on the final plat.

No plat shall be approved covering any land in a flood control zone per Chapter 86.16 RCW without prior written approval of the Washington State Department of Ecology.

Hearing examiner;

Town planner;

Public works director.

The applicant or owner of the property on which the subdivision is proposed;

Any property owner entitled to special notice;

Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.

Setback lines may be required to be shown on plats for lots with unique physical and cultural characteristics or to reflect existing uses.

Setback lines shall be provided for all residential structures and shall be indicated by a dashed line on all plats (typical insert).

Unless otherwise approved by the hearing examiner or town council, setback lines shall conform to those required in the residential zone.

The building design is similar to those structures housing commercial uses in the district, and the operational characteristics are compatible with surrounding uses;

There shall be no unusual fire, explosion, or safety hazards;

There shall be no production of noise at any property line of any use in the Commercial District in excess of the average intensity of street and traffic noise found in the district;

Pollution and safety standards set by regional, state or federal agencies, boards, or commissions shall be satisfied. Failure to comply with such regulations shall void the conditional use;

The provisions of LCMC § 15.50.120 notwithstanding, if the commercial use is adjacent to an RD Zone, the side yard setback shall be 10 feet and the rear yard setback shall be 25 feet.

In the commercial HPD area, setbacks should conform to existing structures to preserve and enhance the storefront character of the street where possible. The historic planar relationship of the facade should be maintained.

Access to the rear or secondary points of buildings along the front elevation should be avoided in the HPD. Such access or entry points, if constructed, should enhance the building and street to maintain the continuity of the street scene.

A caretaker/manager residence or office;

Recreational areas and equipment;

Clubhouses;

Tourist information centers;

Laundry, restroom and shower facilities;

Storage and/or maintenance buildings.

The requirements of this chapter are intended to provide sound barriers and reduce the visual impacts and incompatible characteristics of:

Landscaping. Screen planting shall consist of evergreen trees, such as fir, cedar, pine, etc., planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.

Dimensional Requirements. The size of the planting area shall be as specified below, based on the type of screening used:

Residential Mixed with Commercial.

Residential.

Residential Unit Limit. A maximum of 26 residential units, whether pursuant to subsection (2)(a) or (b) of this section, may be sited in the entire Transitional Commercial Zone; provided, that maximum units may be increased to 36 units if the entire development meets the density bonus criteria set forth in LCMC § 15.36.050;

The building design is to be consistent with those structures housing commercial uses in the district, and the operational characteristics are compatible with surrounding uses;

There shall be no fire, explosion or safety hazards;

There shall be no production of noise at any property line with any use in the transitional district in excess of the average intensity of street and traffic noise found in the district;

Pollution, noise, and safety standards set by regional, state or federal agencies, boards, or commissions shall be satisfied. Failure to comply with such regulations shall void the conditional use;

To ensure a smooth transition from the architecture and building styles of the historic district of First Street to a commercial zone adjacent to residential, public use and industrial zones.

To ensure that new construction and additions are consistent with the scale, forms and proportions of the adjacent Historic Preservation District.

To develop building uses that extend the First Street identity along the waterfront.

To avoid repetitive or monolithic designs.

Uses shall be mixed vertically and horizontally on the same lot.

For buildings with multiple uses on First Street, the commercial uses shall be ground floor fronting the street with residential uses to the rear of the property and upper floors. Commercial uses may extend to the upper floors. However, residential uses shall not be located on the ground floor fronting First Street.

In buildings fronting First Street, upper floor residential units shall be stepped back from the street side building edge a minimum of 10 feet, and a change of building materials for each 30 feet of length along the street frontage shall be incorporated.

Vertically mixed buildings shall provide articulation between commercial and residential levels by changing materials, color, intermediate cornice line, recesses, or roof decks that serve residential units.

Buildings shall represent an architectural scale consistent with streetscape historic scale, forms, and proportions of buildings on the First Street historic district.

Buildings, storefronts, entrances, and variations in height, modulation, color, and building material shall occur at 25-foot intervals.

The commercial portions of mixed uses, which are vertically separated from the residential uses, shall have roofs that are compatible with residential structures.

Gable and hipped roofs should have a minimum of six in 12 pitch. Flat roofs shall have articulated parapet walls.

Mechanical equipment on the roofs shall be screened from view of adjacent residential units and the public street.

The roofline should change by alternating dormers, stepped roofs, gables or other elements to reinforce the modulation or articulation interval.

Repealed by Ord. 972.

Purpose. The purpose of site plan approval shall be to assure that the site plan of the proposed development is compatible with adjacent zones and uses, and complies with the policies and regulations of the town of La Conner. Site plan elements subject to this section include, but are not limited to, site layout, building orientation, pedestrian and vehicular access, signage, landscaping, natural features on site, screening and buffering, parking and loading, and illumination. Site planning requires the horizontal and vertical arrangement of these elements to be compatible with the physical characteristics of the site and surrounding area. Site review does not include design review, which addresses the aesthetic considerations of architectural style, exterior treatment and space configuration. Site plan review should occur at the early stage of development when the scale, layout, and scope of a project are known.

Intent.

General Criteria.

Specific Review Criteria.

Design Review.

Site Plan Review. The provisions of the site plan review section shall apply to any site development activities that include new construction, additions that alter the building footprint, landscaping, street or road development, parking and pedestrian walkways.

Exceptions.

Preapplication Conference with Planning Staff. Early preapplication conferences are encouraged to provide an indication of developers' intentions and an opportunity for town staff to provide feedback to the applicant on design and site plan review issues.

Sequence to Other Permit Activity. The planning commission, prior to shorelines review or any hearing examiner review, will conduct the design and site plan review simultaneously.

Public Notice and Departmental Comment Period. The design and site plan review is a Type III permit activity and will require notice as per LCMC § 15.135.110, Public notice requirements. Departmental heads will review and provide comment in preparation for the planning department reports to the planning commission.

Revisions and Plan Modifications.

In the transitional commercial area, setbacks should conform to match setbacks for structures in the First Street commercial HPD to preserve and enhance the storefront character of the street. The historic relationship of the facade should be maintained.

Access to the rear or secondary points of buildings along the front elevation should be avoided on First Street. Such access or entry points, if constructed, should enhance the building and street to maintain the continuity of the street scene.

The building shall not exceed three stories;

Residential portions of commercial buildings shall have quick-response sprinkler heads;

For one- and two-story buildings with residential uses, the sprinkler system for the residential portion shall comply with NFPA 13R. The remainder of the structure shall comply with NFPA 13;

If any occupied portion of the structure is over two stories, the entire building shall comply with NFPA 13;

The sprinkler system shall be centrally monitored;

Eave height shall not exceed 30 feet from grade unless the building has multiple roof access platforms, as approved by the La Conner fire chief, for roof ladder access at or below 30 feet;

Roofs shall be constructed of noncombustible materials.

Collective Gardens in Outdoor Locations. Collective gardens in outdoor locations are prohibited;

Collective Garden Locations. Collective gardens shall not be located in any zone other than the industrial zone;

Prohibited Areas. In addition to the above, collective gardens shall not be allowed in the following areas:

Accessory Uses. Collective gardens shall not be allowed as an accessory use;

Home Occupation Use Prohibited. Collective gardens are prohibited as home occupations.

The following restrictions apply to the operation of collective gardens.

It is a violation of this chapter for any person owning, leasing, occupying or having charge or possession of any parcel of land within any unincorporated area of the town to cause or allow such parcel of land to be used for the indoor or outdoor cultivation of marijuana or cannabis plants for medicinal purposes in excess of the limitations set forth herein.

The cultivation of more than the number of cannabis plants set forth in this chapter on one legal parcel, either indoors or outdoors, within the town, regardless of whether the person(s) growing the cannabis is/are a "qualified patient," or members of a "collective garden" as defined herein, is hereby prohibited.

Any violations of this chapter may be enforced as set forth in Chapter 15.135 LCMC, or as applicable, the Uniform Controlled Substances Act, Chapter 69.58 RCW. In addition, violations of subsections (10)(a) and (10)(b) of this section are deemed to be a public nuisance and may be abated by the town under the procedures set forth in state law for the abatement of public nuisances.

The roof shall be equipped with automatic smoke and heat vents;

The internal structure shall be single-story open construction; a mezzanine is permitted;

Shall be fully sprinklered per NFPA 13;

Shall have central monitoring of the sprinkler system;

Roof shall be constructed of noncombustible materials.

The roof shall be equipped with automatic smoke and heat vents;

The internal structure shall be single-story open construction; a mezzanine is permitted;

Shall be fully sprinklered per NFPA 13;

Shall have central monitoring of the sprinkler system;

Roof shall be constructed of noncombustible materials.

Minimum setback – 35 feet from any adjacent lot;

Minimum setback – 45 feet from any public right-of-way;

Minimum setback – 25 feet from all agricultural lands;

An abutting area of at least one-fourth acre devoted to playfields;

Participation is limited to any farmer, gardener, or other person to sell any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person;

The sale of local crafts which shall be limited to 10 percent of the market space;

A sponsoring committee approved by the town council shall organize, monitor, and collect fees;

The market shall operate only two days a week from March 1st to October 1st;

The planning director may authorize the following camping in Pioneer Park annually; provided, that health, safety and sanitary conditions are met. No public notice is required.

Seasonal camping is allowed for nonpowered boaters (i.e., kayak, canoe, rowboat). The camping season will begin May 1st and end September 30th.

The following conditions apply to campers:

The planning director is authorized to permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in Pioneer Park and La Conner Public School property for special events. No public notice is required.

The planning director may approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the planning director finds that:

The planning director is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter.

No permit shall be issued for a period of time in excess of seven calendar days.

Any person denied a permit may appeal the denial to the hearing examiner per the administrative decision appeal procedure in LCMC § 15.12.130, Appeal of administrative decision.

A substantial number of the component parts within the area are exceptionally well preserved, or

If some components lack individual distinction, but the area taken as a whole represents a significant and distinguishable entity.

Work, including preliminary measures to protect and stabilize the property, that generally focuses upon the ongoing maintenance and repair of existing historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

Applicability. When the property's distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction at a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations.

The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or changing uses while retaining the property's historic character.

Applicability. When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate.

The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other title-required work to make properties functional is appropriate within a restoration project.

Applicability. When the property's design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; when there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned.

The act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

Applicability. When a contemporary depiction is required to understand and interpret a property's historic value (including the re-creation of missing components in a historic district or site); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction.

The standards outlined in Table I below shall be considered during the review process.

Masonry features should be identified, retained, preserved and protected using approved methods and techniques generally recognized for historic structures.

Deteriorated mortar should be replaced with mortar which duplicates the strength, composition, color, and texture of the old mortar. Old mortar joints should be duplicated in width and in joint profile.

Wood features should be identified, retained, preserved, protected and maintained using approved methods and techniques generally recognized for historic structures.

Repair may include limited replacement in kind – or with compatible substitute materials – of those extensively deteriorated or missing parts of features where there are surviving prototypes such as brackets, moldings, or sections of siding. Features of the existing structure should guide the new work.

Horizontal wood siding in four-to-six-inch shiplap or clapboard is preferred. Avoid vertical or wide horizontal siding.

Avoid panelized siding, batten siding and artificial stone. Wainscot is to be used only in keeping with historic architectural character of the structure.

Metal features should be identified, retained, preserved, protected and maintained using approved methods and techniques generally recognized for historic structures.

Architectural metal features may be repaired by patching, splicing, or otherwise reinforcing the metal following recognized preservation methods. Repairs may also include limited replacement in kind – or with a compatible substitute material – of those extensively deteriorated or missing parts of features when there are surviving prototypes such as porch balusters, column capitals, or bases, or porch cresting.

Windows and their functional and decorative features should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Features may include frames, sash, muntins, glazing, sills, heads, hoodmolds, panelled or decorated jambs and moldings, and interior and exterior shutters and blinds.

Windows should have a vertical orientation, be in proportion to the structure, and have trim that accents the openings. Horizontal orientations, out-of-proportion windows and punched openings devoid of accent trim should be avoided.

Commercial storefronts should have extensive glass to avoid large areas of solid walls on street fronts. At least 50 percent of front facades facing South First Street shall be glazed.

Roofs and their functional and decorative features should be identified, retained, preserved, protected and maintained using generally recognized techniques for historic structures. Features may include the roof shape, such as hipped, gambrel, and mansard; decorative features such as cupolas, cresting, chimneys, and weathervanes; and roofing material such as slate, wood, clay tile, and metal, as well as its size, color, and patterning.

Shingles are the preferred exposed roofing materials. Metal roofs that reflect the historical period in color and pattern are acceptable.

Roofs should be pitched with a minimum slope of 6:12 vertical to horizontal ratio and a maximum of 12:12.

Roofs on residential structures and on all structures in the Morris Street Commercial District shall meet the requirements of LCMC § 15.50.090 (7)(c). Flat roofs should be avoided except when disguised by architectural or pitched roof features.

Low pitched or sheet assembly roofs on commercial structures exposed to a street front should be hidden from view by constructing a false storefront design or parapet.

Commercial structures should avoid elements on roofs that detract from the skyline view or are not part of an approved architectural design.

Canopies and awnings should be in keeping with the historical period and shall not extend over public property greater than two-thirds of the distance from the property line to the nearest curb in front of the building site.

Sky-lights and frames should be constructed of noncombustible materials and installed in an inconspicuous location on a noncharacter-defining roof.

Entrances and their functional decorative features should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Features that are important in defining the overall historic character of the building may include doors, fanlights, sidelights, pilasters, entablatures, columns, balustrades, and stairs.

Front or street elevations shall be in character with the historic period, including fenestration, ornamentation, surfaces and accessories. Improvements that enhance or preserve elements of the district are encouraged.

Commercial storefront design should respect the scale, proportion and detail of the existing streetscape.

Residential front entries should be evident from the street and contain elements, i.e., porches, columns, front steps, handrails, landscape that provides strength to the architectural character. The front door, storm door and side lights should be a panelized design. Avoid flush modern doors, bright aluminum storm doors, and wrought iron railings or handrails.

Avoid changing existing residential front elevations or front entries that have historic character.

There shall be a storefront and entrance for every 25 running feet of building frontage on First Street. Maximum storefront width shall be 25 feet.

Storefronts and their functional and decorative features should be identified, retained, preserved, protected, and maintained using generally acceptable techniques for historic structures. Features may include display windows, signs, doors, transoms, kick plates, corner posts, and entablature.

Protect storefronts against arson and vandalism during the restoration process by boarding up windows and installing alarm systems if necessary.

Ornamentation shall be in keeping with the historic period of the building.

Large wall areas of structures with street frontage devoid of ornamentation should be avoided.

Natural or historic materials typical of the district are preferred.

Synthetic or composite materials are acceptable when they replicate natural or historic materials. Samples that fully display color, texture, and assembly must be approved by the planning commission or designee prior to construction.

Installations or assemblies that diminish or are devoid of historic trim and detailing are to be avoided.

The structural systems and individual features of systems should be identified, retained, preserved, protected and maintained using generally accepted techniques for historic structures. Structural systems may include post and beam systems, trusses, summer beams, vigas, cast iron columns, above-grade stone foundation walls, or loadbearing brick or stone walls.

Any new excavations adjacent to historic foundations should be limited to avoid undermining the structural stability of the building or adjacent historic buildings.

Correct structural deficiencies in preparation for a new use in a manner that preserves the structural system and individual character-defining features.

Design and install new mechanical or electrical systems when required for the new use which minimize the number of cutouts or holes in structural members.

Add a new floor when required for the new use if such an alteration does not damage or destroy the structural system or obscure, damage, or destroy character-defining spaces, features, or finishes.

An atrium or light well may be created to provide natural light in a manner that assures the preservation of the structural system as well as character-defining interior spaces, features, and finishes.

A floor plan or interior spaces that are important in defining the overall historic character of the building should be identified, retained, preserved, protected and maintained using generally acceptable techniques for historic structures. This includes the size, configuration, proportion, and relationship of rooms and corridors; the relationship of features to spaces; and the spaces themselves such as lobbies, reception halls, entrance halls, double parlors, and important industrial or commercial use spaces.

Changing interior features and finishes that contribute to the historical significance of the structure should be avoided. Features may include columns, cornices, baseboards, fireplaces and mantles, paneling, light fixtures, hardware, and flooring; and wallpaper, plaster, paint, and finishes such as stenciling, marbling, and graining; and other decorative materials that accent interior features and provide color, texture, and patterning to walls, floors and ceilings.

Alterations or additions for new use should accommodate service functions such as bathrooms or mechanical equipment in secondary spaces such as first floor service areas; reusing decorative material or features; installing permanent partitions in secondary spaces; enclosing interior stairways as required by building codes so that the character is retained or constructing stairways or elevators in secondary spaces.

Mechanical Systems. Heating, air conditioning, electrical, and plumbing should be installed to minimize alterations to the building floor plan, exterior elevations and damage to historic building material.

Lanterns, post lights, and other significant improvements should respect the historic period. Bright night lighting and strong, unshielded light sources shall be avoided. Outdoor lights shall be shielded on all sides and orientated towards the ground.

Chain link fencing shall be prohibited.

In commercial areas landscaping and trees shall be provided along the street frontage where possible. Amenities may take the form of seating, raised flower beds, containers or hanging baskets, lighting fixtures, paving materials, decks, and pocket parks.

Obstructions to pedestrian movement shall be minimized.

Minimum front yard – five feet. This minimum may be increased to reduce the impact of new structures on adjoining historic structures.

Minimum side yard – five feet, sum of both side yards must be 15 feet.

Minimum rear yard – 25 feet.

Maximum allowable floor area ratio – 60 percent.

Maximum lot size shall be 10,000 square feet.

Buildings, storefronts, entrances, and variations in height, modulation, color, and building material should occur at 25-foot intervals.

Buildings over 3,000 square feet gross floor area shall be designed to have the appearance of multiple buildings typically found in the district, including separate entrances, storefronts, and variation in height.

On the upland side of First Street, minimum rear yard setback: 10 feet. On the waterfront side of First Street, rear yard access must be approved by the fire chief for fire safety. The decision of the fire chief is not appealable.

The side yard setback may be zero clearance consistent with the setbacks of adjoining properties; provided, that the materials, access and applications are approved by the fire chief.

Landscaping, at maturity, within a view corridor shall not exceed four feet in height.

Walls along street frontage shall be modulated every 25 feet, using changes in materials, projecting and recessing bays, fenestration, variation of building height or roof form, and other architectural details such as columns.

Walls over 25 feet in length and 15 feet in height shall have, at a minimum, a 12-foot variation in building height or a 10-foot second story setback and a change of materials for each 30 feet of length.

On each wall there shall be a minimum of one 150-square foot (footprint) recess or projection for every 50 running feet of wall length.

Tripartite Articulation. Provide tripartite building articulation (building top, middle and base) to provide pedestrian scale and architectural interest.

Window Treatments. Provide ample articulated window treatments in facades visible from streets and public spaces for architectural interest and human scale.

Architectural Elements. The mass of long or large scale buildings should be made more visually interesting by incorporating architectural elements such as arcades, balconies, bay windows, dormers, and/or columns.

Rooflines. A distinctive roofline can reduce perceived building heights and mass, increase compatibility with small scale and/or residential development, and add interest to the overall design of the building in the following ways:

Materials. Where there is a change in the building plane, the building materials, colors, and patterns should change.

Landscaping. Provide a trellis, tree or other landscape feature within each interval.

Upper Story Setback. Set back upper stories which helps to reduce the apparent bulk of the building and promotes a human scale.

Name of the binding site plan and space for numerical assignment;

Legal description of the entire parcel, legal description of each proposed lot, square footage of each lot, date, scale and north arrow;

Boundary lines, rights-of-way for streets, easements and property lines of lots and other sites with accurate bearings dimensions of angles and arcs and of all curve data;

Names and rights-of-way widths of streets within the parcel and immediately adjacent to the parcel;

Number of each lot and block;

References to covenants, joint use, access easements or other agreements either to be filed separately or with the binding site plan;

Zoning setback lines and building envelopes where applicable;

Location, dimension and purpose of any easements noting if the easements are private or public;