(1)

Requirement. No building located within a C-1, C-2, C-3, or C-4 district shall be erected, expanded, or externally altered on property in the following designated areas except upon review and submission of findings by the City Planning Commission and approval by the City Council.

A)

The area described as being within the vicinity of the Civic Center being that area located in Sections 15, 16, 21, and 22, bounded on the north by Roycroft Avenue, on the east by Hubbard Road, on the south by Lyndon Avenue, on the west by the east property line of the Parkview Memorial Cemetery, and that portion of Stamford Road that is north of Five Mile Road and south of Roycroft Avenue.

B)

The area described as being within the vicinity of the Wonderland Village being the area located in the Southwest ¼ of Section 25; the Northwest ¼ of Section 36; the Northeast ¼ of Section 35; and the Southeast ¼ of Section 26.

C)

The area described as being within the vicinity of the Livonia Marketplace being the area located in the Southwest ¼ of Section 1: The Northwest ¼ of Section 12; the Northeast ¼ of Section 11; and the Southeast ¼ of Section 2.

D)

The area described as being within the vicinity of the I-275 Freeway being the area described as the Southwest ¼ of Section 5; all of Section 6; all of Section 7; the west ½ of Section 8; the Northwest ¼ of Section 17; and the North ½ of Section 18.

E)

The area described as being within the vicinity of the Seven Mile Road-Farmington Road Intersection being the area located in the West ½ of Section 3; the East ½ of Section 4; the Northeast ¼ of Section 9; and the N.W. ¼ of Section 10.

F)

The area described as being within the vicinity of the Plymouth Road-Farmington Road Intersection being the area located in the Southwest ¼ of Section 27; the Southeast ¼ of Section 28; the Northeast ¼ of Section 33; and the Northwest ¼ of Section 34.

G)

The area described as being within the vicinity of Middlebelt Road-Schoolcraft-1-96 Service Drive being the area located in the Southeast ¼ of Section 23; the Southwest ¼ of Section 24; the Northwest ¼ of Section 25; and the Northeast ¼ of Section 26.

(2)

Standards. A determination made by the City Planning Commission and City Council hereunder shall be subject to compliance with, and the application of, the standards prescribed in Section 13.13, Section 13.13(6) of this Ordinance. A petition for site plan approval shall also comply with the requirements prescribed in Section 13.13, Section 13.13(12) of this Ordinance.

(3)

Appeal to City Council. In the event any applicant or petitioner is aggrieved by the determination of the City Planning Commission in relation to site plan approval, they may file an appeal with the City Council in accordance with the provisions set forth in Section 13.13, Section 13.13(10) of this Ordinance.

(4)

Limitation. Whenever the City Planning Commission and City Council shall approve a site plan, such approval shall continue and be valid only in accordance with the provisions set forth in Section 13.13, Section 13.13(13) of this Ordinance.

(5)

Implementation. An approved site plan shall be immediately transmitted to the Inspection Department, and all non-building improvements such as, but not limited to, landscaping, parking lots, parking spaces, walkways, screen walls, and exterior lighting required by such site plan shall be completed prior to the issuance of a Certificate of Occupancy; provided, however, that a temporary Certificate of Occupancy may be issued in the event that such completion is impractical or impossible, provided that a performance bond in the form of a cash bond or irrevocable bank letter of credit covering the estimated total cost of such improvements or parts thereof is deposited with the Inspection Department prior to the issuance of such temporary Certificate of Occupancy; provided further, however, that in no event shall a final Certificate of Occupancy be issued until all improvements have been completed. All improvements, when completed, shall, thereafter, be maintained with materials equal to or greater than the quality of the materials originally installed.

(Ord. of 2-14-2023)

(1)

Statement of Intent. The intent of this Article is to provide, in the case of Planned Residential Developments and Planned General Developments, an added degree of flexibility in the placement, bulk, and interrelationship of the buildings and uses within the Planned Development, and the implementation of new design concepts so as to encourage a more efficient use of land and of public services through the use of a unified planning approach, while at the same time maintaining the over-all intensity of land use, density of population, and amounts of light, air, access, and required open space as specified in this Ordinance for the zoning district in which the Planned Development is to be located.

A Planned Development shall be deemed to be a Planned Residential Development when such development is limited to dwelling units in detached, attached or multi-storied structures, or any combination thereof. In an RUF District, a Planned Residential Development shall follow the rules governing Open Space Preservation Option under Section 5.03(2). In N1 or N2 Districts, a Planned Residential Development shall follow the rules governing Single-Family Clustering under Section 5.03(3). A Planned Development shall be deemed to be a Planned General Development when it contains commercial and/or office structures and uses exclusively or when it includes residential structures or dwelling units in a unified plan with commercial and/or office structures and uses.

The City Council does hereby determine that the several district regulations pertaining to intensity of land use, density of population, and required open space are the minimum requirements for the promotion and protection of the public health, safety, and welfare.

(2)

Authority to Grant Waiver for Planned Residential Development or Planned General Development. Subject to the foregoing statement of intent, the Planning Commission may grant a waiver authorizing a Planned Residential Development or a Planned General Development but only after notice and hearing in the manner provided for other waivers and subject to all other provisions of this Article, and the City Planning Commission and City Council may, in the case of Planned Developments, allow for modification of the provisions of this Ordinance. Such modifications shall be considered only with respect to the following guidelines:

A)

Modification in lot sizes may be granted irrespective of the minimum requirements imposed under the Zoning District within which such development is located.

B)

Modification of yard requirements may be granted irrespective of the minimum requirements imposed under the Zoning District within which a Planned Development is located when it is determined that such modification will result in a more efficient use of the land and will not be injurious to surrounding land and to the public.

C)

Uses not permitted in the Zoning District within which the Planned Development is located may be permitted when such uses are primarily designed and intended to service residents of any Planned Residential Development or Planned General Development or when such uses relate to an overall concept in the case of a non-residentially conceived Planned General Development. In the case of a Planned General Development located on any parcel of land zoned N1, N2, RUF, NM1, or NM2 and which involves development of one or more non-residential uses, such approval shall require a two-thirds (⅔) majority vote of City Council.

(3)

Application for Waiver for Planned Residential Development and/or Planned General Development. The owner or owners of any tract of land may submit to the City Planning Commission an application for a waiver to use and develop the entire tract in a manner not consistent with regular or conventional street and lot patterns or general site development concepts. The application shall be made and filed in triplicate with the City Planning Commission and shall either contain or be accompanied by the following:

A)

A legal description of the property under consideration.

B)

The existing zoning classification of the property.

C)

A fully dimensional map of the land showing topographic information at a contour interval of not less than two (2) feet.

D)

A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking areas, driveways, buffer strips, distances between buildings and between buildings and lot lines, setback lines, all open spaces to be dedicated for parks, recreation, light and air, etc., and showing the location and design of all lots to be subdivided and the dimensions of all lot lines.

E)

A vicinity map showing the location of the site in relation to surrounding properties, streets, parks, schools, school sites, etc.

F)

Architectural sketches, at an appropriate scale, showing building heights, elevations, and an indication of the design and distribution of signs to be erected.

G)

A declaration of private restrictions to be imposed upon the property after it is subdivided and developed to ensure that the development conforms in every detail to the approved site plan.

H)

The location and the pavement and right of way width of all abutting roads and streets and driveway locations on abutting public streets.

I)

A statement on intended phases of the project.

J)

Description of soil erosion and sedimentation control measures.

K)

Location of clusters of trees on site and all existing trees eight (8) inches or greater in diameter.

L)

Location of existing wetlands.

M)

The location of all rubbish receptacles and the location, height, and type of fences and walls to screen receptacles.

N)

Location and dimension of required easements for public right-of way, utilities, access, and shared access.

O)

Location of any proposed stormwater detention or retention facilities.

P)

Traffic and pedestrian circulation patterns both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any pedestrian sidewalks, malls, and open areas for parks and recreation either required or otherwise deemed necessary by the City Council. A concrete sidewalk of sufficient width as determined by the City Council shall be provided within the public right of way one (1) foot from the subject site's property line where the subject site borders a public right of way.

Q)

The location, height, and area of all signs.

R)

Information and plans for the storage, loading, disposal, and transfer of any hazardous/toxic waste (gas, oil, transmission fluid, lubricants, solvents, etc.). If any underground tank is used, the location, size, construction and use of the tank shall be specified on the site plan.

S)

Any other information as required by the City Council or Director of Planning which will assist in evaluation of the proposed use.

(4)

Action by Planning Commission. After a study of the application for a Planned Development, the Planning Commission shall send a resolution recommending approval or denial to the City Council for the final determination based upon the following standards:

A)

The proposed use or uses shall be of such location, size, and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.

B)

The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the Commission shall consider, among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the Commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which relates to the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general.

C)

The location and height of buildings, the location and nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof.

D)

The standards of density and required open space in the proposed project are at least equal to those required by this Ordinance in the zoning district in which the proposed project is to be located.

E)

In any Planned Development wherein a shopping center is an integral part, the following specific standards shall be made a part of the site plan as it relates to the front, side, and rear yards of said shopping center:

i)

Along freeways, major thoroughfares or secondary thoroughfares, except in areas described in ii), hereinbelow, the nearest fifteen (15) feet within the required yard area to the right-of-way line shall be maintained in landscaping and no parking or parking access aisles shall be permitted in such landscaped areas.

ii)

Where residential districts adjoin the shopping center without an intervening street, the nearest twenty-five (25) feet to the property line within the required yard area of the shopping center shall be maintained in landscaping and no parking or vehicular access shall be permitted in such landscaped area.

iii)

Where lots in residential areas front on minor streets at the boundary of a shopping center, the nearest twenty-five (25) feet to the right-of-way within the required yard of the shopping center shall be maintained in landscaping and no parking or parking access aisles shall be permitted in such area.

iv)

All other yards within the shopping center, except those abutting a business or industrial district shall maintain no less than a fifteen (15) foot landscaped strip along the property lines which strip shall not be used for parking or parking access aisles.

The Commission may require such changes or modification in the site plan as are needed to achieve conformity to the standards as herein specified. Upon the finding by the Commission that all the standards as herein specified have been met, it may approve the project and the requested minor modifications to the provisions of this ordinance, if any, and recommend approval of the same to the City Council. It shall also, where it deems appropriate and necessary, recommend to the City Council those conditions to be imposed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards. The Commission and Council may, in their determination whether to approve a proposed Planned Residential Development or Planned General Development, consider the impacts of the proposed project on existing developed land bordering the site as well as the future impacts of any development or redevelopment on the adjoining lands. Upon such review and determination and in furtherance of its objective to provide for the orderly development of land within the city, the Council may require that the streets be arranged in such a manner to provide for the future continuation or appropriate projection of existing streets in the surrounding areas. Streets shall be laid out to prevent the creation of double frontage lots.

(5)

Conditions Upon which Waiver is Granted. Any waiver granted to authorize such a planned project shall in every case be subject to the following express conditions:

A)

Immediately after waiver approval by the City Planning Commission the applicant shall submit the proposal to the City Council and obtain its concurrence in the waiver; until the approval of the City Council is obtained, the City Planning Commission's approval shall not be effective; if the City Council rejects, then the action of the City Planning Commission shall be deemed null and void.

B)

The applicant shall thereafter submit proposed and final plats for the Planned Residential Development or Planned General Development for approval as in the case of other subdivision plats to the extent required by law; provided, however, that if the planned project is designed as site condominiums, the applicant shall thereafter submit the Master Deed for approval in accordance with the provisions set forth in Section 7.27 of this Ordinance prior to any bonds being established by City Council pursuant to Section 7.27 of this Ordinance.

C)

Such plats or Master Deed shall be in strict conformity with the approved waiver, the conditions attached thereto, the site plan submitted with the waiver, and the provisions of this Article.

D)

Where appropriate, a development agreement shall be submitted to the City in recordable form sufficient to assure the use and development of the planned project in accordance with the waiver, site plan, and the provisions of this Article.

E)

The development agreement shall incorporate the approved site plan together with the resolutions of the City Planning Commission and City Council approving such waiver use. Said approved site plan shall be filed with the Department of Inspection and all building and land uses shall thereafter be in accordance with the site plan.

F)

When open space and/or park land is/are provided as a part of a Planned Residential Development or a Planned General Development, the applicant shall provide an appropriate document which sets forth the function of the open space and/or park land, and such provisions for the ownership and maintenance of such lands as are reasonably necessary to ensure its continuity, care, conservation, maintenance, and to ensure that remedial measures will be available to the City of Livonia if such open space and/or park land is permitted to deteriorate or is not maintained in a condition that is consistent with the best interests of the Planned Development or of the City of Livonia.

G)

No structure designed or intended to be used in part or in whole, for commercial purposes shall be constructed prior to the construction of not less than thirty (30) percent of the dwelling units, if any, proposed for the development.

H)

Except as may otherwise be expressly authorized by council resolution, all internal private roads within a Planned Residential Development or a Planned General Development shall be designed and constructed in accordance with the minimum standards set forth by the City of Livonia Engineering Division consisting of asphalt pavement with monolithic valley swales, twenty-eight (28) feet wide, with a six (6) inch thick asphalt base, and one and one-half (1½) inch thick wearing course.

(6)

Public Improvements within Planned Development. The applicant for a waiver to authorize a Planned Residential Development or a Planned General Development may apply to the City Council for a modification of the nature and extent of public improvements required to be installed with respect to new residential subdivisions. The City Council may in its discretion relieve the applicant from installing public improvements as would otherwise be required to the extent that it determines such improvements to be unnecessary with the Planned Development. In the event of such a determination, the City Council shall incorporate the same in its resolution granting the waiver for the Planned Development. In granting such relief, as in granting the waiver use, the City Council may attach thereto such condition(s) regarding the character of the proposed development as it may deem reasonable. Compliance with such conditions shall be a prerequisite to the issuance of a Certificate of Compliance or Occupancy and the violation of any such condition shall be deemed a violation of this Ordinance.

(Ord. of 4-18-2022; Ord. of 2-14-2023)

(1)

Statement of Intent. The intent of this section is to encourage development alternatives in N1, N2 and RUF districts which will preserve open space while at the same time provide detached or attached single-family dwellings; encourage improved design alternatives to provide more efficient use of land and public services; and provide single-family development for difficult sites.

(2)

Open Space Preservation Option in RUF Districts. Subject to the requirements of Section 13.13(12), in any RUF district, land may be developed, at the option of the landowner, with the same number of single-family dwelling units on not more than 80% of the land that could otherwise be developed, provided the following conditions are met:

A)

All single-family dwelling units shall be detached.

B)

No less than twenty (20%) percent of the land area shall remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

C)

The development shall not depend upon the extension of a public sewer or public water supply system unless development of the land without the exercise of the option provided by this subsection would also depend upon the extension.

D)

The option provided under this subsection has not previously been exercised with respect to the land.

E)

The minimum spacing between detached dwelling units shall be sixteen (16) feet; provided, however, that where a rear yard of one dwelling abuts a rear yard or a side yard of another building, the distance between such buildings shall be the sum of the two abutting yards as required by Section 4.02 of this Ordinance.

F)

Front yards abutting a private street shall be as required by Section 4.02 of this Ordinance; a side yard abutting a private street shall be a minimum of fifteen (15) feet and a side yard abutting a public street shall be as required by Section 4.02 of this Ordinance; provided, however, that all buildings and parking areas shall be set back at least forty (40) feet from any major thoroughfare with an existing or proposed right-of-way width of one hundred twenty (120) feet, or more, as indicated on the Future Transportation Map.

G)

The maximum number of units which may be developed shall be the number of acres of land on the proposed site, less any current or planned future rights-of-way of abutting public roads and areas designated by the Federal Emergency Management Agency (FEMA) as Special Flood Hazard Areas inundated by the 100-year flood or by the Michigan Department of Environmental Quality as protected wetlands, times 3.0 dwelling units per acre.

(3)

Single-Family Clustering in N1 and N2 Districts. The Planning Commission may recommend and the City Council may grant a waiver authorizing a single-family cluster project pursuant to Section 5.02 of this Ordinance and the following requirements:

A)

The application for a waiver shall include documentation substantiating that the land area to be developed contains one or more of the following characteristics:

i)

Contains natural assets, such as, but not limited to, natural stands of large trees, natural habitat for wildlife, natural streams and watercourses, or unusual topographic features, a substantial portion of which would be preserved using single-family clustering.

ii)

Has a substantial portion of its perimeter adjacent to major office, commercial, industrial, institutional, or high-rise residential development or is otherwise located to act as a transitional use between conventional single-family residential areas and uses which are or are likely to be incompatible.

iii)

Contains a flood plain which results in a substantial portion of the total land area being unbuildable as confirmed by current Flood Plain Information Report prepared by the Corps of Engineers, United States Army, a copy of which is on file with the Engineering Division.

iv)

Contains poor soil conditions which result in a substantial portion of the total area being unbuildable using conventional construction methods as confirmed by soil test borings furnished by the applicant.

v)

Is a small parcel which has frontage on a major thoroughfare with an existing or planned right-of-way width of one hundred twenty (120) feet or more as indicated on the Future Transportation Map and contains acute angles or is of shallow depth as measured from the thoroughfare to make conventional subdivision development physically impractical.

vi)

Contains other unique physical or geographical constraints as determined by the Planning Commission and City Council to make conventional subdivision development impractical.

B)

In addition to requirements contained in other sections of this Ordinance regarding "Planned Residential Developments" or "Planned General Developments," the following standards shall govern single-family cluster development:

i)

In a planned development that qualifies as a single-family cluster project, yard requirements may be modified pursuant to Section 5.02(2) of this Ordinance; provided, however, that the following additional rules shall apply:

a)

Attaching of single-family dwelling units, provided the number of dwelling units attached shall not exceed four (4).

b)

Minimum yard requirements shall provide that the minimum spacing between groups of attached buildings or between unattached buildings shall be ten (10) feet in an N1 district, and sixteen (16) feet in an N2 district; provided, however, that where a rear yard of one building or group of attached buildings abuts a rear yard or a side yard of another building or group of attached buildings, the distance between such buildings shall be the sum of the two abutting yards as required by Section 4.02 of this Ordinance.

c)

Front yards abutting a private street shall be as required by Section 4.02 of this Ordinance; a side yard abutting a private street shall be a minimum of fifteen (15) feet and a side yard abutting a public street shall be as required by Section 4.02 of this Ordinance; provided, however, that all buildings and parking areas shall be set back at least forty (40) feet from any major thoroughfare with an existing or proposed right-of-way width of one hundred twenty (120) feet, or more, as indicated on the Future Transportation Map.

ii)

The maximum number of units which may be developed shall be the number of acres of land on the proposed site, less any current or planned future rights-of-way of abutting public roads and areas designated by the Federal Emergency Management Agency (FEMA) as Special Flood Hazard Areas inundated by the 100-year flood or by the Michigan Department of Environmental Quality as protected wetlands, times the following numbers of units per acre for each zoning district:

iii)

Whenever a proposed single-family cluster project abuts an existing single-family residential district, such district shall be buffered by means of one (1) or more of the following methods as a part of the development of the single-family cluster project:

a)

Locate detached single-family dwellings on conventional lots immediately abutting the existing single-family residential district subject to requirements contained in Section 3.04 of this Ordinance and the Subdivision Rules and Regulations of the City of Livonia.

b)

Provide open space or recreation space immediately abutting said existing single-family residential district.

c)

Provide significant topographic features, landscaping, or a combination thereof immediately abutting said existing single-family residential district.

d)

A major thoroughfare located between the cluster development and a single-family residential district.

iv)

The application shall include a fully dimensional and illustrated landscape treatment of the project, including the labeling of all materials as to type and size when installed, and shall also indicate the location, type, and size of all existing trees having at least a three (3) inch caliper measured one (1) foot above the ground and shall designate for non-removal all such trees so located so as not to substantially interfere with proposed street and structure locations.

(Ord. of 2-14-2023)

(1)

Statement of Purpose. The purpose of the form-based development option is to create clear and simple regulations on the design of new development or redevelopment in Livonia's Commercial Districts of C-1, C-2, C-3, and C-4.

The regulations of this Section require development to have a physical form that enhances the goals and objectives of the City's Future Land Use Plan. Specifically, these regulations encourage a pedestrian friendly and walkable character; permit a mixture of land uses; encourage streets that serve the needs of pedestrians, bicycles, and motorized vehicle traffic equitably; encourage places for informal social activity and recreation; and encourage building frontages that define the public space of streets. With proper physical form, a building can accommodate a wide range of uses without generating undue impact on neighboring properties.

It is further the purpose of the Form-Based Development Option to:

A)

Create walkable business area(s) that maintain the traditional physical form and help to implement the City's development objectives as described in the City's Future Land Use Plan.

B)

Create unique, walkable mixed-use developments including residential, retail, entertainment, office, and other compatible uses.

C)

Promote the orderly development, redevelopment, and continued maintenance of the City's commercial districts.

D)

Encourage shared parking areas throughout the City rather than requiring each individual property owner to provide physical parking space on their property.

E)

Create quantitative and qualitative building design guidelines that ensure new development is compatible with the City's Future Land Use Plan.

F)

Ensure buildings create a solid street wall that helps to define streets as public spaces.

G)

Ensure that permitted uses complement each other in terms of character and location, and to ensure that uses in the C-1, C-2, C-3, and C-4 districts do not have an adverse impact on the overall economic and social vitality of the district, street capacity, public utilities or services, or the overall image and function of the district.

H)

Prevent automobile-oriented development from impacting access to commercial uses by walking, biking, or transit.

I)

Encourage harmonious residential infill and adaptive reuse of noteworthy buildings to provide a mix of housing types, unit sizes, and compatible uses within walking distance of Livonia neighborhoods.

J)

Encourage accessible housing options throughout the City.

(2)

Form-Based Development Option Procedures. When using the Form-Based Development Option, conformance with the adopted Livonia Future Land Use Plan is required and one of the following application procedures must be followed:

A)

Areas designated on the Future Land Use Plan as City Center.

i)

A concept plan shall first be submitted. The City Planning and Economic Development Director, or designee, shall conduct a preliminary development meeting to review the concept plan and determine its conformance with the adopted Special Area Plan.

ii)

Conforming plans may submit for Site Plan approval, per Section 13.13(12).

iii)

Non-conforming plans shall follow the procedure outlined in 5.04(2)C).

B)

Areas designated on the Future Land Use Plan as Mixed Development Center.

i)

Developments within an area having an adopted Special Area Plan, may follow the procedure outlined in 5.04(2)A).

ii)

Developments not within an area having an adopted Special Area Plan, shall follow the procedure outlined in 5.04(2)C).

C)

Areas in the C-1, C-2, C-3, and C-4 districts not within an area having an adopted Special Area Plan, or not in conformance with an adopted Special Area Plan.

i)

Developments in the C-1, C-2, C-3, and C-4 districts may use the Form Based Development Option subject to a review following the procedures of Section 5.02, Special Waiver Use Standards for Planned Residential Developments and Planned General Developments.

(3)

Expansion of existing development in the C-1, C-2, C-3, and C-4 districts with the Form-Based Development Option. All sites in the C-1, C-2, C-3, and C-4 districts are eligible to use the Form-Based Development Option. When using the Form-Based Development Option to expand or redevelop an existing site or structure the following standards shall apply:

A)

Expansions of developed sites.

i)

Less than 15 percent of existing condition. Any development activity on a developed site that would increase the floor area of an existing building or group of buildings located on the same parcel or the area of existing site improvements by less than 15% need not comply with the requirements of this Section. However, any new building area or site improvements should result in the site being more compliant and shall not result in the site being less compliant with the requirements of this Section.

ii)

More than 15 percent of existing condition. Whenever a building or site improvement expansion of greater than 15 percent of the existing condition is proposed, the activity shall comply with the requirements of this Section.

iii)

Expansions measured cumulatively. For the purposes of determining compliance with this section, expansions shall be measured cumulatively, with the baseline being the building area and improved site area that existed at the date of adoption of this Ordinance.

B)

Redevelopment. Redevelopment of existing buildings shall comply with the Architectural Standards for Adaptive Reuse, Section 5.04(5).

i)

Whenever 50 percent or less of the existing building will be demolished or replaced, the development activity need not comply with the requirements of this Section. However, any site layout or building design changes that may occur as a result of the development activity should result in the site being more compliant with the requirements of this Section.

ii)

Whenever more than 50 percent of an existing building will be demolished or replaced, the development activity shall comply with all of the requirements of this Section.

(4)

Modification of form-based development option requirements.

A)

Purpose and limitations. Upon review and submission of findings by the City Planning Commission and approval by the City Council for an activity in the C-1, C-2, C-3, and C-4 districts, the Planning Commission or Council may modify certain dimensional requirements contained in this Section. Regulations that may be altered through the modification process are described in the various sections of this Section, along with the specific parameters by which the regulation may be altered.

Modifications, as described in this section, are separate and distinct from variances in that they are limited in their bounds and are intended to permit reasonable use of property where the strict application of the requirements of this Section would not further the public purpose, and a relaxed or altered dimensional standard will still meet the intent and purpose of the C-1, C-2, C-3, and C-4 districts.

Whenever a regulation may be altered through the modification process, specific bounds are listed within which the modifications must be maintained. If an alteration to a dimensional requirement is requested that is greater than that listed in this Section, the applicant must obtain a variance following the procedures and review standards Section 13.14 Board of Appeals.

B)

Application and review procedures. The applicant shall clearly identify all requested modifications on the application and site plan. The reviewing authority shall evaluate the requested modifications and approve, approve with conditions, or deny the modification request. In evaluating a modification request, the reviewing authority shall take into account the following considerations:

i)

Approval of the modification will not result in development that is incompatible with or will negatively impact existing or potential future development in the vicinity of the property to be developed.

ii)

The requested modification is consistent with the intent and purpose of this Section.

iii)

The modification will result in a superior development when compared with what could be achieved through the strict application of the requirements of this Section.

iv)

A lesser modification will not accomplish the same purpose as the requested modification.

v)

The modification will not negatively impact the potential of adjacent parcels to develop according to the requirements of this Section.

(5)

Architectural Standards for Adaptive Reuse.

A)

Frontage Requirements. Buildings in the C-1, C-2, C-3, and C-4 districts shall comply with the following requirements, in addition to any applicable requirements of Section 4.02, Schedule of Regulations. The requirements of this Section and Section 4.02 are intended to be complimentary; however, in any instance where there is an apparent conflict, the provisions of this Section shall control.

i)

Private frontage. The private frontage is the area between the right-of-way and the principal building façade. Buildings must contain architectural elements consistent with one of the following four private frontages. Each frontage is designed to be consistent with some or all of the uses permitted in the C-1, C-2, C-3, and C-4 districts.

Note that the following table includes specific dimensional requirements for each of the frontages. Unless otherwise noted, the dimensional requirements are in addition to any other dimensional requirement of this Section.

Expand

FRONTAGE TYPE	WHERE PERMITTED	DIMENSIONAL REQUIREMENTS
Shopfront
A frontage where the building façade is located close to the front lot line with the building entrance at sidewalk grade. This frontage type is suitable for nonresidential uses on the first floor.	C-1 C-2 C-3 C-4	The building shall be set back a maximum of 15 feet from the front lot line.
Courtyard
A frontage where a portion of the building façade is close to the front lot line with a portion set back. The courtyard may accommodate tree plantings or a vehicle drop-off area. This frontage is suitable for any building use.	C-1 C-2 C-3 C-4	The building shall be set back a maximum of 5 feet from the front lot line. The courtyard area shall be considered part of the front building façade for the purposes of determining compliance with the setback and frontage requirements.

 

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FRONTAGE TYPE	WHERE PERMITTED	DIMENSIONAL REQUIREMENTS
Stoop
A frontage where the first floor is elevated from the sidewalk to provide privacy for first floor windows. The entrance is usually from an exterior stair and landing. This frontage is suitable for ground-floor residential use.	C-1 C-2 C-3 C-4	The building shall be set back a minimum of 7 feet from the front lot line. The stoop or porch area shall be set back a minimum of 2 feet from the front lot line.
Lawn
A frontage where the building is set back from the street with a landscaped front yard area. This frontage is suitable for any building use.	C-1 C-2 C-3 C-4	The building shall be set back a minimum of 10 feet from the front lot line. Unenclosed front porches shall be set back a minimum of 5 feet from the front lot line.

 

B)

Minimum height. The minimum building height in the C-1, C-2, C-3, and C-4 districts is 20 feet. All buildings shall have the appearance of being at least 2-story buildings.

C)

Base, Middle, and Cap. All buildings shall incorporate a base, middle, and cap, as is applicable.

i)

Base. The base shall include an entryway with transparent windows and a horizontal molding or reveal placed between the first and second stories or over the second story. The molding or reveal shall have a depth of at least two (2) inches and a height of at least four (4) inches. If a one-story building is proposed, the molding or reveal is not required.

ii)

Middle. The middle may include buildings and/or balconies that are located between the reveal and the cap area.

iii)

Cap. The cap includes the area from the top floor to the roof of the building and shall include a cornice or roof overhang.

D)

Alignment. Window sills, moldings, and cornices shall align with those of adjacent buildings. The bottom and top line defining the edge of the windows (the "window sill alignment") shall not vary more than two feet from the alignment of surrounding buildings. If the adjoining buildings have window sill alignments that vary by more than two feet from one another, the proposed building shall align with one of the adjoining buildings. This requirement may be modified, per Section 5.04(4).

E)

Building materials. Buildings in the C-1, C-2, C-3, and C-4 districts shall comply with the following building material requirements:

i)

Primary building materials. Durable natural building materials such as brick, stone, exposed logs or timber, and other similar materials are preferred primary building materials in the C-1, C-2, C-3, and C-4 districts. Concrete block or similar masonry units (including CMU or split-face blocks) are prohibited as a primary building material unless covered with a veneer of natural building materials. Synthetic building materials that convincingly match the appearance of natural building materials may be used as a primary building material. Primary building materials shall be used on a minimum of 70 percent of the façade area of the building (excluding doors and windows).

ii)

Accent building materials. Accent materials may be used on up to 30% of the façade area of the building (excluding doors and windows). Acceptable accent materials include decorative precast concrete block, metal, and glass. Non-durable building materials such as EIFS may be used as accent building materials on up to ten percent of the total wall area of any façade, but may not be used on the ground floor façade.

iii)

Modification. This requirement may be modified, per Section 5.04(4).

F)

Ground floor design.

i)

Building entrance(s). All buildings shall have their principal entrance or entrances open onto a street, sidewalk, or public space. The principal building entrance shall not open onto a parking lot, although a secondary or subordinate entrance may be provided to a parking lot.

ii)

Entryway alignment.

a)

Nonresidential uses. For all buildings in the C-1, C-2, C-3, and C-4 districts and buildings with nonresidential uses on the first floor, the ground floor of the principal entrance shall align with the elevation of the adjacent sidewalk. Sunken terraces or stairways to a basement shall not constitute principal entrances to a building for the purposes of this section. It is not the intent of this section to preclude the use of below or above grade entryways, provided that such entryways are secondary, not principal entrances.

b)

Residential and live/work uses. For first-floor residential and live/work uses in the C-1, C-2, C-3, and C-4 districts, the ground floor of the building (and consequently the principal entrance as well) may be raised up to 36 inches above the elevation of the adjacent sidewalk. This is intended to create greater privacy for first floor residential uses by elevating windows above the view of passing pedestrians.

G)

Windows and entryways. The following requirements apply to façades of buildings facing a public street or public space such as a plaza or square.

i)

Windows. Windows above the ground floor shall have a height to width ratio of at least 2:1.

ii)

Ground floor façade transparency.

a)

All buildings with first floor nonresidential uses shall maintain transparency for at least 70 percent of the first-floor façade area between two and eight feet above grade level. Doors and windows provide transparency.

b)

All windows shall use transparent, non-reflective glass.

c)

Areas of solid wall shall not exceed a length of 20 feet.

H)

Recessed entrances encouraged. Doors are encouraged to be recessed into the face of the building to create a sense of entry and to add variety to the streetscape.

I)

Encroachments. The following building elements may encroach into a public right-of-way or setback:

i)

Balconies. Balconies on upper stories may encroach up to 6 feet into any required setback area and up to 4 feet into any right-of-way area.

ii)

Stoops. Unenclosed and uncovered front stoops may encroach up to 5 feet into a front yard setback area, provided that the stoop maintains a minimum setback of five feet from any right-of-way line.

iii)

Awnings.

a)

Ground-story awnings may encroach up to six feet from the face of the building into the setback or right-of-way area.

b)

Awnings shall have a minimum of eight (8) feet of clear space between the sidewalk and the bottom of the awning or any support structure and shall not exceed a height of 12 feet to the highest point of the canopy.

c)

If the awning encroachment of six (6) feet would interfere with the placement of street lighting or street trees, the awning projection shall be reduced to resolve the conflict.

d)

Awnings shall be constructed out of fabric and may not be internally illuminated. Metal or other materials may be used for awnings if a modification is approved per Section 5.04 D.

iv)

Bay windows. Bay windows on the ground story may encroach up to three (3) feet into any setback area, but may not encroach into a right-of-way area. Bay windows on upper floors may encroach up to three (3) feet into any setback or right-of-way area.

v)

Eaves. Roof eaves may encroach up to three (3) feet into any setback or right-of-way area.

J)

Service areas. All service areas, including utility access, above ground equipment and dumpsters shall be located in side or rear yards and shall be screened from view from any street.

K)

Mechanical and utility equipment. Mechanical equipment, electrical and gas meter and service components, and similar utility devices (whether ground level, wall mounted, or roof mounted) shall be screened from view from the front property line. Exterior screening materials shall be the same as the predominant exterior materials of the principal building.

(6)

Building Type Standards for New Construction. When using the Form-Based Development Option for new construction in the C-1, C-2, C-3, and C-4 districts, buildings must conform to architectural and dimensional standards of the following building types.

A)

Apartments. A medium sized building that contains five (5) to ten (10) dwelling units either side-by-side or stacked between two floors. There can be one shared entry or individual entries facing the street.

ILLUSTRATED DESIGN STANDARDS: APARTMENTS

1.

Traditional building façade treatments (including masonry reliefs and/or motifs) and main entrances located along street of building address.

2.

Opaque façade through which window and door openings appear to have been "punched" as through paper in a ring binder.

3.

Building cornice (at top of building) of substantial height and decoration.

4.

Minimum one horizontal molding or accent material projection dividing the façade into layers.

5.

Pattern of solids and voids generated by the vertical and horizontal alignment of windows and doors in repeating sizes.

6.

Window groupings encouraged, with groups of up to 3 allowable.

7.

Main entrances at grade for accessibility, working in conjunction with interior lobby or vestibule and elevator(s).

8.

Ground Floor Units (finished floor) 36" to 42" above grade.

9.

Main entrance articulation.

10.

Prominent sills and/or heads required for windows located along façades (discouraged along other exterior walls).

11.

No building entrances from side parking lots allowable. Otherwise, sides and backs of buildings not regulated by this code, except at corners (as shown here).

12.

Building façade treatments optional along intersecting streets.

13.

Towers, sculptures, and other characteristic forms and/or focal points encouraged (not illustrated).

14.

Floor to floor heights limited to 10'-6".

15.

Feature excepted on Art Deco style buildings.

B)

Carriage House/Accessory Dwelling Unit. Also considered an accessory structure, a carriage house is a small building located in the rear of a principal dwelling unit and can contain a small dwelling unit or similar use. They are often above a garage but can also be at ground level.

ILLUSTRATED DESIGN STANDARDS: CARRIAGE HOUSE / ACCESSORY DWELLING UNIT

1.

Small, traditionally-styled residential garage form containing one (1) residential unit, indoor parking, or one (1) residential unit above indoor parking. Ground floor finish floor 24"-36" above grade (if not above parking).

2.

Opaque façade through which window and door openings appear to have been "punched" as through paper in a ring binder (garage doors excepted).

3.

Window groupings encouraged, with groups of up to 3 allowable.

4.

Residential entrance articulation and indoor stairway (stairway if more than one story).

5.

Floor to floor heights limited to 10'-6".

6.

Window screens to be made of wood or, if non-masonry structure, windows to have 3½" ht. painted wood aprons added beneath sills to width of cased openings.

7.

Must be concealed behind a primary building type. Not to be located in view of frontage corresponding to street of primary building address.
Garage door openings, garage doors, garage door Window panes, and garage door panels must all be square or rectangular. Door panels and Window panes must be oriented vertically.

* Cement Siding and Wood Trim Installed Smooth-Side Out. Visible Wood-Grain Embossing or Rough-Sawn Surfaces Prohibited

C)

Duplex/Triplex Stacked, or Adjacent. A small or medium sized building with two dwelling units stacked one on ground level and one above, each with a separate door facing the street.

ILLUSTRATED DESIGN STANDARDS: DUPLEX / TRIPLEX STACKED, OR ADJACENT

1.

Traditionally-styled single-family house form containing two (2) residential units with two (2) main entrances at the front, and alternate or service entrances along the sides and/or back. Finished floor located 24" to 30" above grade.

2.

Residential units exist above one another within building enclosure.

3.

Opaque exterior walls through which window and door openings appear to have been "punched" as through paper in a ring binder.

4.

Pattern of solids and voids generated by the vertical and horizontal alignment of Windows and doors in variously repeating sizes.

5.

Window groupings encouraged, with groups of up to 3 allowable.

6.

Building overhangs commensurate with style of architecture.

7.

Ground floor 24" to 30" above grade.

8.

Min. 6'-6" deep front porch maximum 30" above grade with optional decorative rail 28"—36" above porch floor.

9.

Stacked duplex and triplexes entrances may have separate doors or share a vestibule. Adjacent duplex and triplexes entrances shall have individual main entrance articulation.

10.

Window screens to be made of wood or, if non-masonry structure, windows to have 3½" ht. painted wood aprons added beneath sills to width of cased openings.

11.

Floor to floor heights limited to 10'-6".

* Cement Siding and Wood Trim Installed Smooth-Side Out. Visible Wood-Grain Embossing or Rough-Sawn Surfaces Prohibited.

D)

Fourplex/Four-Family Dwelling Unit. A medium sized building that contains four dwelling units split up two (2) on the ground floor and two (2) above, with a shared door facing the street.

ILLUSTRATED DESIGN STANDARDS: FOURPLEX / FOUR-FAMILY DWELLING UNIT

1.

Traditional building façade treatments (including masonry reliefs and/or motifs) and main entrances located along street of building address.

2.

Opaque exterior walls through which window and door openings appear to have been "punched" as through paper in a ring binder.

3.

Building cornice must have the most prominent shadow line.

4.

Minimum one (1) additional horizontal molding or accent material projection dividing the building into layers or creating water table expression on ground floor level.

5.

Pattern of solids and voids generated by the vertical and horizontal alignment of windows and doors in repeating sizes.

6.

Window groupings encouraged, with groups of up to 3 allowable.

7.

Main entrances at grade for accessibility, working in conjunction with interior lobby or vestibule and lift or ramp servicing first floor units.

8.

Ground-floor units finish floor-elevation 36" to 42" above grade.

9.

Main entrance articulation.

10.

Prominent sills and/or heads required for Windows located along façades.

11.

No building entrances from side parking lots allowable. Otherwise, sides and backs of buildings not regulated by this code, except at corners (as shown here).

12.

Building façade treatments optional along intersecting streets.

13.

Floor to floor heights limited to 10'-6".

E)

Live/Work Unit. A small to medium sized building that contains a ground floor office, service, or retail space with a dwelling unit above or behind it. The building can be attached or detached, and both the living and working space are owned or rented by one (1) user.

ILLUSTRATED DESIGN STANDARDS: LIVE / WORK UNIT

1.

Ground floor elevated 30" to 42" above average grade at front of building with interior lift for accessibility (Type A). Main level may be accessible at grade with plate glass storefront (Type B) or if building is setback from right-of-way line minimum 7'-0" (Type C).

2.

Traditional building façade treatments (as well as main business entrances) to be located along streets of corresponding building addresses and corresponding to right-of-way lines. Side entrances subordinate and allowable at right-of-way lines along intersecting streets only. Side entrances along parking lots prohibited. Rear entrances also subordinate. Storefront main entrance at corner may substitute for that listed above (see Mixed-Use Building).

3.

Main business entrance doors must remain unlocked during business hours.

4.

Open, plate-glass shopfronts (Type B) encouraged at ground-floor level along street of building address, with façade supported above by columns and beams and extending for a distance of 12' to 14' around building corners at intersecting streets.

5.

Plate glass material beginning 15" to 18" above finished grade (top of sidewalk) and extending to underside of beam, with alternate leaded or stained-glass transoms minimum 8'-0" above finish grade.

6.

Sign band and/or secondary cornice to be integral with any shopfronts and located above plate glass shopfronts or transoms (Type B).

7.

At-grade doorways to be recessed (see numerical parameters below).

8.

Opaque exterior walls, through which all window openings appear to have been "punched" (such as through paper in a ring binder), with such windows recessed into the façade, reinforcing this intended effect (except at shopfronts, which are to have plate glass column to column).

9.

Building cornice (at top of building) casting tallest horizontal shadow upon building façade. Must be the most prominent shadow line (aside from those cast individually by awnings above shopfronts).

10.

Phasing of site development to be coordinated with individual units (each 16' to 25' in width), any first unit developed front to back for a minimum distance of 25' before development of any adjacent unit is to begin. Adjacent and subsequent units to be developed front to back in a similar manner. 8 units per building maximum.

11.

Pattern of solids and voids, coordinated within structural bays, generated by the vertical and horizontal alignment of rectangular windows and doors in repeating sizes. Full and segmented arches allowable atop rectangular windows in these locations (shopfronts excepted).

12.

Arched building tops prohibited.

13.

Window groupings allowable.

14.

Open-ended, canvas, sloped awnings above shopfront windows. (Type B).

15.

Decorative sills and/or headers required on windows located along exterior walls (shopfronts excepted).

16.

Sides and backs of buildings not regulated by this code, except along intersecting streets (as shown here).

17.

Floor to floor heights limited to 15'.

18.

Flat roof required.

F)

Mixed-Use Building. A small to medium sized building that contains ground floor commercial space with dwelling units above. Any number of dwelling units can be incorporated based on the desired level of density. Typically, there is one (1) shared door for residential access facing the street.

ILLUSTRATED DESIGN STANDARDS: MIXED-USE BUILDING

1.

Traditional building façade treatments (including masonry reliefs and/or motifs), as well as main business entrances, to be located along streets of corresponding building addresses and at right-of-way lines. Side entrances subordinate and allowable at right-of-way lines along intersecting streets only. Side entrances along parking lots prohibited. Rear entrances also subordinate. Main entrance at corner may substitute for that listed above.

2.

Main entrance doors must remain unlocked during business hours.

3.

Main level accessible at grade.

4.

Open, plate-glass shopfronts (curtain walls), located at ground-floor level along street of building address, with façade supported above by columns and beams and extending for a distance of one structural bay around building corners at intersecting streets. Plate glass material beginning 15" to 18" above finish grade (top of sidewalk) and extending to underside of beam, with alternate leaded or stained-glass transoms minimum 8'-0" above finish grade.

5.

Sign band and/or secondary cornice integral with shopfronts and above plate glass and/or transoms. Such cornice may be used to satisfy the one horizontal molding or accent material band projection requirement.

6.

Recessed doorways located within shopfronts (see numerical parameters below).

7.

Opaque exterior walls above ground floor, through which window openings appear to have been "punched" (such as through paper in a ring binder), with such windows recessed into the façade, reinforcing this intended effect.

8.

Minimum one additional horizontal molding or accent material band projection, casting a secondary horizontal shadow line, dividing the façade into layers. This feature is excepted on Art Deco-style buildings.

9.

Vertical façade projections (corresponding to structural columns) casting vertical shadows on façade and articulating regular structural bays, each 20' to 30' in width.

10.

Phasing of site development to be coordinated with structural bays, any first bay developed front to back for a minimum distance of 20' before development of any adjacent bay is to begin. Adjacent and subsequent bays to be developed front to back in a similar manner.

11.

Pattern of solids and voids above ground floor, coordinated within structural bays, generated by the vertical and horizontal alignment of rectangular windows and doors in repeating sizes. Full and segmented arches allowable atop rectangular windows in these locations.

12.

Radii of arches on segmented-arch windows must equal widths of corresponding windows.

13.

Arched building tops prohibited.

14.

Window groupings allowable above ground floor, corresponding to structural bays.

15.

Open-ended, canvas, sloped awnings above shopfront windows.

16.

Decorative sills and/or headers required on upper-floor windows located along façades.

17.

Sides and backs of buildings not regulated by this code, except at corners (as illustrated here).

18.

Building façade treatments optional along intersecting streets.

19.

Towers, sculptures, and other characteristic forms and/or focal points encouraged (not illustrated).

20.

Characteristic forms echoed or repeated within structural bays.

21.

Floor to floor heights limited to 15'.

* Cement Siding and Wood Trim Installed Smooth-Side Out. Visible Wood-Grain Embossing Or Rough-Sawn Surfaces Prohibited

G)

Townhome, Rowhouse. A small to medium sized building that contains side-by-side attached single-family dwelling units. Typically, two (2) to eight (8) units make up a building, all with individual entrances facing the street.

ILLUSTRATED DESIGN STANDARDS: TOWNHOME / ROWHOUSE

1.

Residential units existing side-by side within building enclosure with each unit extending from foundation to roof.

2.

Parking at rear or within building at ground floor with parking entrance at rear of building.

3.

Side parking lots prohibited.

4.

Opaque exterior walls through which window and door openings appear to have been "punched" as through paper in a ring binder.

5.

Pattern of solids and voids generated by the vertical and horizontal alignment of windows and doors in variously repeating sizes.

6.

Window groupings encouraged, with groups of up to 3 allowable.

7.

Ground floor (finished floor) 24" to 30" above grade.

8.

Min. 6'-6" deep required front porch maximum 30" above grade with decorative rail 28" ? 36" above porch floor (porches may be individual or shared and continuous across front of building).

9.

Individual main entrance articulation. Porch may be shared (entrances may have separate doors or share a vestibule).

10.

Window screens to be made of wood or, if non-masonry structure, Windows to have 3½" ht. painted wood aprons added beneath sills to width of cased openings.

11.

Floor to floor heights limited to 10'-6".

H)

Schedule of Regulations by Building Types: When using the Form-Based Development Option, the following dimensional standards by building type shall apply to new construction in the C-1, C-2, C-3, and, C-4 districts. When in conflict with Section 4.02, these regulations shall prevail.

I)

Modifications from Building Design Standards for New Construction. The City Council may modify the above requirements finding all of the following standards have been met:

i)

The architectural design of the proposed structure is consistent with the character of the surrounding area.

ii)

The architectural design otherwise meets the building design standards for adaptive reuse in the C-1, C-2, C-3, and C-4 districts.

iii)

The project brings the site more into compliance with the Building Design Standards for New Construction and purpose of the C-1, C-2, C-3, and C-4 districts.

(Ord. of 4-18-2022)