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Mansfield City Zoning Code

FORM-BASED CODE

DISTRICTS

§ 155.072 D, DOWNTOWN DISTRICT.

   (A)   Purpose. The primary purpose of this district is to enable and encourage increased private investment in the historic downtown and in its immediate environs. It is further the purpose of this district to build on the work protecting the historic and cultural heritage of the historic downtown for the inheritance of future generations. The following policies provide further clarification on the purpose of this district:
      (1)   That mixed-use development should be enabled and encouraged as a pattern of development to increase the residential density and the intensity of activity within the historic downtown in support of viable and diverse locally-oriented businesses and cultural institutions;
      (2)   That development within the historic downtown should be attractive to the past, the present, and the future generations, and allow them to participate in its economic growth;
      (3)   That small-scale, incremental development should be promoted and encouraged alongside larger development;
      (4)   That building regulations should equitably balance the rights of the individual and the interests of the community as a whole;
      (5)   That building form individually and collectively defines and supports the public realm;
      (6)   That building configuration should support walkability, safe streets, and safe public spaces, creating pedestrian friendly neighborhoods;
      (7)   That building configuration should define streets and public spaces as rooms, and should vary by context and intensity in coordination with neighboring properties; and
      (8)   That the harmonious and orderly evolution of the historic downtown and its surrounding areas should be secured through regulating the form of buildings.
   (B)   Definitions. This division provides the specific definitions for terms in this section that are either technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this division, then the Director of Planning shall determine the correct definition.
      A-STREETS. Those streets that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this section.
      ACCESSORY UNIT. A dwelling unit not greater than 800 square feet, and sharing ownership and utility connections with a principal building; and the dwelling may or may not be within an outbuilding and it may or may not be for rent.
      ALLEY. A way designated to be a second means of vehicular access to the rear or side of properties; an alley may connect to a vehicular driveway located to the rear of lots providing access to outbuildings, service areas, or parking areas, and containing utility easements.
      ATTIC. The interior part of a building contained within a pitched roof structure.
      AWNING. A shading structure, cantilevered or otherwise entirely supported from a building, and used to protect outdoor spaces from sun, rain, and other natural conditions. AWNINGS are typically used to provide cover for outdoor seating for cafes and restaurants.
      B-STREETS. Those streets that by virtue of their use, location, or absence of pre-existing pedestrian-supportive qualities, may meet a standard lower than that of A-streets.
      BED AND BREAKFAST. An owner-occupied lodging type offering one to five bedrooms, permitted to serve breakfast in the mornings to guests.
      BOUTIQUE HOTEL. A type of lodging function, offering a minimum of ten, but no more than 125 bedrooms in a building or buildings, and permitted to provide food service at all times. A boutique hotel shall provide a premium experience that is dedicated to arts, culture, and history and shall provide distinguished accommodations not common to the surrounding area and the region. A boutique hotel shall allocate a minimum of 10% of its total building area to a combination of the following specific uses: (i) a bakery; a bistro; a cafe; a coffee shop; a corner market or a corner store; a restaurant; or a destination-oriented retail establishment; (ii) personal service; and (iii) meeting space available for gatherings, including conferences. A boutique hotel shall have architectural design and site design treatments that further enhance an authentic art, culture and history experience of the district. The total building area allocated for food service, personal service, and retail shall be calculated and be provided with assigned parking according to retail function; and the total building area allocated for meeting space shall be calculated and be provided with assigned parking according to other function.
      BUILDING HEIGHT. The vertical extent of a building measured in stories.
      C-STREETS. Those streets that may meet a standard lower than that of B-streets.
      CIVIC SPACE. An outdoor area permanently dedicated for public use.
      COMMERCIAL. The term collectively defining lodging, office, and retail functions.
      DOORYARD. A type of frontage with a shallow setback and a front garden or a patio, usually with a low wall or a hedge at the front lot line.
      DOWNTOWN ZONES (D-ZONES). One of several areas that are on a zoning map regulated by this section. D-zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended human habitat are integrated, including those of the private lot and the building and its frontage.
      DRIVEWAY. A vehicular lane within a lot, often leading to a garage.
      ENCROACH. To break the plane of either a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into the public right-of-way, or above a height limit.
      FACADE. The exterior wall of a building that is set parallel or nearly parallel to a lot line bordering a street or civic space. Facades facing streets and civic space define the public realm and are therefore more regulated than the exterior walls facing the other property lines.
      FOOD TRUCK SALES PARK. A site approved through a specific use permit that allows for a permanent location for four or more food trucks. All such sites shall include required infrastructure and public seating for all food trucks serving guests in the park.
      FRONT SETBACK. The distance from the front lot line to the point where a building may be constructed. This area shall be maintained clear of permanent structures with the exception of encroachments.
      FRONTAGE. The area between a building facade and vehicular lanes, and it is inclusive of its built and planted components.
      FRONTAGE BUILDOUT. The percentage of the lot width that is occupied by the building facade within the front setback.
      FUNCTION. The use or the uses accommodated by a building and its lot.
      GALLERY. Frontage wherein the facade is aligned close to the lot line abutting a street or civic space with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk. See Diagram 7 at the end of this section.
      GLAZING. The transparent area of a building facade.
      INN. A type of lodging function, offering up to ten bedrooms, permitted to serve breakfast in the mornings to guests.
      INTERCOLUMNIATION. The distance between two columns.
      LINER BUILDING. A building specifically designed to mask a parking lot or parking structure from a street or civic space.
      LIVE-WORK. A mixed-use unit consisting of a residential and a commercial function. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity.
      LODGING. A function available for daily and weekly renting of bedrooms.
      LOT. A parcel of land accommodating a building or buildings under single ownership.
      LOT COVERAGE. The percentage of a lot covered by buildings and other roofed structures.
      LOT LINE. The boundary that legally and geometrically demarcates a lot.
      MANOR HOUSE. A small two-story multi-family residential building of two to four dwelling units that reads visually like a detached single-family residence. The habitable area of the units shall not be greater than 1,200 square feet; and may be for rent, or for sale as a condominium. See Diagram 5 at the end of this section.
      MIXED-USE. Multiple functions permitted within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by warrant.
      MURAL. Any piece of artwork painted, tiled, or otherwise applied directly on or affixed to an exterior wall.
      OFFICE. Characterizing premises available for the transaction of general business, but excluding retail use.
      OTHER FUNCTION. Any function other than residential.
      OUTBUILDING. An accessory building, and usually located toward the rear of the same lot as a principal building.
      PARKING STRUCTURE. A building containing one or more stories of vehicular parking above or below grade.
      PASSIVE SPACE. An outdoor area within a private lot dedicated for pedestrian-oriented uses and visibly accessible from a street or civic space; it is privately owned and maintained. See Diagram 6 at the end of this section.
      PATIO. A floor encroaching from a first story door that is enclosed by a fence or wall and may or may not be elevated from the sidewalk. See Diagram 8 at the end of this section.
      PLANTER. The element of the public right-of-way which accommodates trees and public lighting.
      PORCH. An open-air room appended to a building, with floor and roof, but no walls on the sides facing frontages. See Diagram 9 at the end of this section.
      PRINCIPAL BUILDING. The main building on a lot, usually located toward the front of the lot.
      PRINCIPAL ENTRANCE. The main point of access for pedestrians into a building.
      RESIDENTIAL. Premises available for long-term human dwelling.
      RETAIL. Premises available for the sale of merchandise and food service.
      RETAIL FRONTAGE. A frontage designated on the regulating plan that requires the provision of a shopfront, encouraging the first story to be made available for retail use.
      ROW HOUSE. A single-family dwelling that shares a party wall with another of the same type and occupies the full width of the front setback.
      SHOPFRONT. A frontage conventional for retail use with substantial glazing wherein the facade is aligned relatively close to the lot line bordering a street or civic space with the building entrance at sidewalk grade. See Diagram 10 at the end of this section.
      STOOP. A frontage wherein the facade is aligned close to the front lot line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance. See Diagram 11 at the end of this section.
      STORY. A habitable level within a building by which height is measured, excluding an attic or a raised basement.
      STREETSCREEN. A freestanding wall required to be built within a frontage, or co-planar with a facade.
      VARIANCE. A ruling that would permit a practice that is not consistent with either a specific provision or the purpose of this section.
      WARRANT. A ruling that would permit a practice that is not consistent with a specific provision of this section but is justified by its intent.
   (C)   Applicability.
      (1)   The provisions of this section are activated by "shall" when required, and by "may" when optional.
      (2)   The provisions of this section, when in conflict, shall take precedence over those of other codes, ordinances, regulations, and standards except for:
         (a)   Chapter 91 (Fire Protection and Prevention);
         (b)   Chapter 150 (Building Regulations); and
         (c)   The Subdivision Control Ordinance.
      (3)   The provisions of this section or the numerical metrics of its tables, when in conflict with any of its diagrams and illustrations, shall take precedence.
      (4)   The boundaries of this district shall be as shown in Table 1; and the boundaries of this district may be expanded to areas located outside of this district, provided that their boundaries are added to Table 1. Unless otherwise noted in this section, boundaries of D-zones shall be mapped along street centerlines and along rear lot lines and side lot lines.
      (5)   Planned unit development district regulations, as set forth in § 155.066, shall not be applicable within this district.
   (D)   Non-conformities.
      (1)   When a building or structure is proposed to be constructed or to be modified, the building or structure shall comply with the provisions of this section. Any non-conforming building or structure may only be expanded or modified if the expansion or modification decreases the non-conformity and thereby results in greater conformance with the provisions of this section.
      (2)   The temporary or the illegal use of property shall not be sufficient to establish the existence of a non-conformity or to create rights in the continuation of a non-conformity.
      (3)   Where buildings exist on adjacent lots, the Director of Planning may require that a proposed building match the setbacks and heights of adjacent buildings rather than the provisions of this section.
      (4)   Where sidewalks exist on adjacent lots, the Director of Planning may require that a proposed sidewalk match the width and materials of existing sidewalks rather than the provisions of this section.
      (5)   Any addition to or modification of a property located in this district, and also located in the H, Historic Landmark Overlay District, shall be subject to approval by the Historic Landmark Commission prior to review by the Director of Planning.
   (E)   Warrants and variances.
      (1)   There shall be two types of deviations from the requirements of this section: (i) warrants and (ii) variances.
      (2)   A warrant shall allow a practice that is not consistent with a specific provision of this section, but is justified by the purpose. The Director of Planning shall have the authority to administratively approve or disapprove any request for a warrant. Director of Planning decisions may only be appealed to the City Manager or his/her designee within 15 days of the Director of Planning decision. Appeals shall be filed with the Department of Planning.
      (3)   A variance is a ruling on a deviation other than a warrant. Variances may be granted by the Board of Adjustments with a recommendation provided by the Department of Planning.
      (4)   Variance requests heard by the Board of Adjustments shall be heard as per the rules set forth in § 155.113.
   (F)   Instructions. This section sets forth the standards applicable to the development and to the modification of structures and other elements of the built environment within private lots.
      (1)   The plans and the applications for proposed projects in this section shall require a pre-development meeting. This meeting shall include the applicant and their design professionals and the associated city departments.
      (2)   The plans and applications required by this section shall be subject to administrative approval.
      (3)   This section requires two types of plan submittals: (i) site plans and (ii) building plans. The building plans required for zoning review do not include any of the construction documents that are required for building permits. Both building plans and construction plans shall be submitted together for review.
      (4)   Site and building plans submitted for approval shall demonstrate compliance with:
         (a)   Streetscape standards;
         (b)   Lot standards;
         (c)   Building requirements;
         (d)   Building function;
         (e)   Parking standards;
         (f)   Landscape standards;
         (g)   Building frontage;
         (h)   Building massing;
         (i)   Building materials and configuration;
         (j)   Signage standards;
         (k)   Passive space;
         (l)   Special building requirements, if any;
         (m)   Special lot assemblage plans, if applicable;
         (n)   TOD, Transit Overlay District, if applicable; and
         (o)   Warrants, if any.
   (G)   Description of downtown zones. The D, Downtown District, is further divided into three distinct downtown zones and one special district (D-zones) using the rural-to-urban transect to provide neighborhood structure for the historic downtown and environs. The rural-to-urban transect is a means for considering and organizing the human environment according to intensities ranging from the most rural condition to the most urban condition. The D-zones are primarily classified by the: (i) physical intensity of the built form, (ii) complexity of uses within the zone, and (iii) relationship between the natural and built environment. The D-zones are calibrated to reflect existing and future contexts and their descriptions shall be as follows:
      (1)   D-1, Sub-Urban Zone. This zone consists of residential areas with some commercial and mixed-use activity adjacent to higher intensity zones. The character of this zone consists of detached single-family residential surrounded by lawns and landscaped yards with limited office. Pedestrians may be occasionally present, and trees are within the public right-of-way.
      (2)   D-2, Urban Transition Zone. This zone consists of a mixed-use, but a primarily residential urban fabric. The character of D-2 zones consists predominately of attached buildings accommodating office, restaurant, and retail mixed with row houses and small multi-family residential buildings. There is substantial pedestrian activity in this zone and trees and public lighting are within the public right-of-way.
      (3)   D-3, Urban Center Zone. This zone consists of mixed-use of the greatest variety and the highest intensity. The character of this zone consists of attached buildings that form a continuous street wall and accommodate diverse entertainment, multi-family residential, office, restaurant, and retail. The D-3 Zone has the highest pedestrian and transit activities; and trees and public lighting are within the public right-of-way.
      (4)   SD-1, Broad Street Corridor. This special district is intended to direct the re-use of historic buildings and their lots along portions of Broad Street from residential to office, restaurant, and retail uses. This special district is further intended to incubate and nurture new and distinct businesses for the historic downtown and its immediate environs.
   (H)   Streetscape standards. Streets in D-zones shall be assigned their designations according to Table 2. The following standards shall apply to the design and streetscape of new streets and to the modification of existing streets within D-zones:
      (1)   A-streets. The streetscape standards for A-streets shall be in accordance with the Historic Mansfield Downtown Design Plan and other plans and policies adopted by the City Council.
      (2)   B-streets.
         (a)   The minimum public right-of-way width shall be 50 feet.
         (b)   The minimum pavement width shall be 29 feet (i.e., measured from back of curb to back of curb).
         (c)   The planter width shall be a minimum of four-and-a-half feet.
         (d)   Trees shall be planted at 40 feet on center average within the planter.
         (e)   Public lighting shall be installed at 60 feet on center average within the planter.
         (f)   Public lighting shall be a post type fixture.
            1.   Public lighting shall be a maximum of 16 feet in height.
            2.   Public lighting shall be 30 feet from the intersection of two streets.
         (g)   The design of public lighting shall be approved by the Director of Planning.
      (3)   C-streets.
         (a)   The minimum public right-of-way width shall be 50 feet.
         (b)   The minimum pavement width shall be 29 feet (i.e., measured from the back of curb to back of curb).
         (c)   The planter width shall be a minimum of four feet.
         (d)   Trees shall be planted at 40 feet on center average within the planter.
      (4)   Smith Street. The future modification of Smith Street is envisioned to safely accommodate pedestrians, cyclists, and transit users, and to provide an attractive public realm able to support community events including festivals and outdoor food sales. Streetscape standards for Smith Street shall be in accordance with the plans and policies adopted by the City Council.
      (5)   Alleys.
         (a)   The minimum alley public easement right-of-way width shall be 20 feet.
         (b)   The minimum pavement width shall be 14 feet.
         (c)   Buildings and structures shall be set back a minimum of ten feet from the centerline of the alley, except as provided below:
            1.   Garages accessed by an alley shall be set back from the centerline of the alley a minimum of 15 feet.
            2.   The design of alleys and the setbacks of structures from alleys shall accommodate utilities and refuse collection. Paved areas for utilities and refuse collection shall be a minimum of ten feet from the centerline of the alley.
         (d)   Alleys shall terminate at streets.
         (e)   The minimum curb radius at the intersection of a street shall be determined by warrant.
      (6)   Walkways. One walkway no wider than five feet and providing access from the principal entrance to the street shall be permitted. Walkways shall be paved in brick, concrete, or stone.
      (7)   Pedestrian connections to trail network. All multi-family residential, mixed-use, or commercial buildings to be developed or redeveloped on lots abutting Pond Branch Linear Park Trail, Walnut Creek Linear Park Trail, or any other future trail network funded by the city shall provide a paved pedestrian connection directly to the trail. The width of the pedestrian connection and paving materials shall be subject to approval by the Director of Parks and Recreation.
      (8)   Utilities. Utilities shall be placed underground, and within the public right-of-way, including alleys.
      (9)   Except for streetscape standards adopted for A-streets and Smith Street, the streetscape standards may be modified by a warrant.
   (I)   Lot standards. This section regulates lots within D-zones, and standards shall be applied as follows:
      (1)   Lots in D-zones shall front on a street or a civic space.
      (2)   Lots in D-zones may be of any width and of any depth.
      (3)   Lot coverage by buildings shall not exceed the maximum percentage by D-zone as provided in below:
         (a)   D-1 zones: 50% maximum.
         (b)   D-2 zones: 60% maximum.
         (c)   D-3 zones: 70% maximum.
         (d)   SD-1: none.
      (4)   In D-1 and D-2 zones, only two buildings may be built on each lot, one principal building and one outbuilding.
   (J)   Building requirements. This division regulates the placement, height, and construction of buildings within D-zones, and standards shall be applied as follows:
      (1)   Principal buildings. All principal buildings shall be setback from the boundaries of their lots by D-zone as provided in below:
         (a)   Front:
            1.   D-1 zones: a minimum of 15 feet and a maximum of 30 feet.
            2.   D-2 zones: no minimum and a maximum of 30 feet.
            3.   D-3 zones: no minimum and a maximum of 30 feet.
            4.   SD-1: shall be determined by warrant.
         (b)   Side: no minimum and no maximum in any D-zone.
         (c)   Rear: a minimum of 15 feet (except as provided above for alley loaded configurations in § 155.072(H)(5).
         (d)   The front setback requirements may be modified by warrant to accommodate slopes over 10%.
      (2)   Outbuildings. All outbuildings shall be setback as follows:
         (a)   The side setback shall be a minimum of five feet as measured from the side lot line.
         (b)   The rear setback shall be a minimum of five feet as measured from the rear lot line.
      (3)   Setback considerations for utilities. The front, rear, and side setback requirements in this section may be modified to accommodate utility easements and utility services (e.g., meters, pedestals, and other equipment).
      (4)   Building height. Building height shall be as follows:
         (a)   Building height is measured in stories for each habitable level above-ground level according to the following:
            1.   Stories shall be measured from finished floor to finished ceiling.
            2.   Stories above the ground floor are limited to a maximum height of 14 feet.
            3.   Stories combined to exceed a maximum height of 14 feet shall be counted as multiple stories.
            4.   Attics are not included in building height measurement and shall not exceed a maximum height of 14 feet.
         (b)   Principal buildings shall not exceed a maximum of four stories in height in the D-1 and D-2 zones; and principal buildings in the D-3 zones and the TOD shall not exceed a maximum of six stories in height. An increase in building height which exceeds six stories may only be granted subject to review and recommendation by the Director of Planning and approval by the City Council.
         (c)   Outbuildings shall not exceed two stories in height and shall be no higher than the principal building on the same lot.
         (d)   For free-standing parking structures, building height shall be measured in feet. Free-standing parking structures shall not exceed 30 feet in height.
         (e)   For parking structures attached to a building or buildings for at least 50% of their perimeter, stories may exceed the limit for parking structure height provided they do not exceed the eave height of the attached building or buildings.
         (f)   Height limits for belfries, clock towers, chimney flues, elevator bulkheads, or masts shall be determined by warrant.
      (5)   Habitable area.
         (a)   The habitable area for a single-family residence or a row house shall be a minimum of 1,800 square feet.
         (b)   The habitable area for a multi-family residence shall be a minimum of 700 square feet.
         (c)   The habitable area for an accessory unit within a principal building or an outbuilding shall not exceed 800 square feet.
      (6)   Tenant flexibility.
         (a)   The design of commercial spaces at the first and second story shall anticipate restaurant requirements. Accommodation for restaurant venting and sewage utilities such as grease traps and interceptors shall be designed into the building.
         (b)   Buildings shall provide maximum clear space between interior columns for first story retail and activity space.
   (K)   Building function. This division delegates the use or the uses of buildings and their lots within D-zones, and standards shall be applied as follows:
      (1)   Building use shall be limited to the allowable building functions by D-zone according to Table 3.
      (2)   The following building uses are modified, and additional restrictions shall be applied as follows:
         (a)   Bed and breakfast. The maximum length of stay shall not exceed ten days; and
         (b)   Live-work.
            1.   The commercial function is restricted to the first story.
            2.   The specific use shall be determined by warrant.
            3.   The business operator shall reside at the unit.
            4.   The floor area assigned to the commercial function shall not exceed 1,000 square feet.
         (c)   Multi-family residential building.
            1.   No single use multi-family residential building shall be permitted.
            2.   Active first story commercial use shall be required, but excluding the building area allocated to other business activities related to the multi-family residential building including, but not limited to, lobby, office, and waiting areas for service. The building area allocated to other business activities shall not count towards active first story commercial use minimum floor area requirements.
            3.   The building area available for commercial use shall provide a minimum depth of 40 feet. In D-2 zones, the minimum building area available for commercial use shall be 5,000 square feet. In D-3 zones, the minimum building area available for commercial use shall be 10,000 square feet. Recommended or advised commercial uses include: a bakery; a bistro; a cafe; a coffee shop; a corner market or a corner store; a dry cleaner; a pharmacy; a restaurant; or a destination or a neighborhood-oriented retail establishment.
            4.   The area allocated to commercial use shall be calculated and provided with parking according to retail function.
            5.   The first story of the front facade shall comply with the building frontage provisions for shopfronts as provided in § 155.072(N)(14). The shopfront may be combined with an awning or a gallery.
            6.   A warrant from these additional restrictions may only be granted subject to review and recommendation by the Director of Planning and approval by the City Council.
      (3)   The following specific uses are not allowed within D-zones:
         (a)   Adult entertainment or adult-themed retail sales;
         (b)   Automotive sales, automotive repair, or automotive service;
         (c)   Body piercing parlors or tattoo parlors;
         (d)   Car wash;
         (e)   Check cashing;
         (f)   Drive-through window or drive-through service;
         (g)   Gas station;
         (h)   Liquor store;
         (i)   Pawn shop, secondhand shop, or thrift store;
         (j)   Retail sales of tobacco products as a primary use; and
         (k)   Wholesale business.
   (L)   Parking standards.
      (1)   Required parking. Parking requirements shall be determined by use as provided below:
         (a)   A residential function with one bedroom (including accessory units) shall require 1.0 assigned parking spaces per unit.
         (b)   A residential function with two or more bedrooms shall require 2.0 assigned parking spaces per unit.
         (c)   A lodging function shall require 1.0 assigned parking spaces per bedroom.
         (d)   An office function shall require 3.0 assigned parking spaces per 1,000 square feet.
         (e)   A retail function shall require 4.0 assigned parking spaces per 1,000 square feet, except that retail spaces with 1,500 square feet of space or less shall be exempt from the required parking in this division.
         (f)   Other functions shall require parking in accordance with the provisions existing in § 155.091.
         (g)   In D-3 zones, the parking provided for multi-family residential buildings, mixed-use buildings, or commercial functions shall include the actual parking spaces provided within the lot and along the parking lane corresponding to the lot.
         (h)   In D-3 zones, 100% of the required parking for office or retail functions may be provided by a parking lot or parking structure within 800 feet of the lot.
      (2)   Parking access.
         (a)   Parking shall be accessed by alleys where available.
         (b)   Parking may be accessed by driveways for lots at least 60 feet wide.
         (c)   Driveways for single-family residences only shall be limited to 12 feet in width. Portions of the driveways for the first 30 feet of depth shall not be used for parking.
         (d)   Vehicular entrances to all parking lots and parking structures shall be no wider than 24 feet at the front lot line setback.
      (3)   Garages.
         (a)   Garages for single-family residences shall be detached, except as provided below. All garages for single-family residences shall be located to the rear or side of the lot.
         (b)   Front-facing attached garages shall only be permitted on lots for less than 60 feet in width.
         (c)   1.   Front-facing attached garages shall be set back at least 20 feet behind the facade and shall not exceed 40% of the width of that facade.
            2.   On all front-facing attached garages, a minimum of one opening for a window shall be provided.
         (d)   Garages for row houses may be attached to or detached from the dwelling, and shall be rear-facing.
      (4)   Physical requirements for parking lots and parking structures.
         (a)   All parking lots shall be masked from thoroughfares streets and civic spaces by a building or streetscreen.
         (b)   All parking structures shall be masked by liner buildings at the first two stories.
      (5)   A minimum of one bicycle rack place shall be provided in proximity to the principal entrance for every ten vehicular parking spaces.
   (M)   Landscape standards.The landscaping standards existing in the provisions of § 155.092 shall apply to development and redevelopment within D-zones.
   (N)   Building frontage. This division prescribes standards that regulate the quality and the design of building frontages in support of pedestrian activity and a vibrant public realm. The standards of this division are intended to ensure that buildings are designed with a clear sense of enclosure for all streets and civic spaces and enable streets and civic spaces to function as human-scaled outdoor rooms.
      (1)   Lots fronting two or more streets or civic spaces shall have building frontages provided along each street or civic space.
      (2)   All buildings shall have their principal entrance along streets or civic spaces.
      (3)   All single-family residences at the first story shall provide a porch or stoop at the building frontage.
      (4)   All row houses at the first story shall provide a dooryard or stoop at the building frontage.
      (5)   All multi-family residential buildings shall provide a dooryard, patio, or porch for each dwelling at the first story.
      (6)   All office and retail functions at the first story shall have a shopfront at the building frontage at a minimum.
      (7)   All loading docks and service areas shall be located towards the rear of the lot.
      (8)   All building frontages shall occupy a minimum percentage of the lot line as provided below as frontage buildout:
         (a)   D-1 zones: 60%.
         (b)   D-2 zones: 70%.
         (c)   D-3 zones: 80%.
         (d)   SD-1: none.
      (9)   Awnings shall be permitted to encroach to within two feet of a curb with approval by the Director of Planning.
      (10)   (a)   Balconies and bay windows shall be permitted to encroach to within five feet from the lot line.
         (b)   All balconies and bay windows shall be no less than three feet deep.
      (11)   Porches.
         (a)   Porches shall be no less than six feet deep.
         (b)   Porches shall be permitted to encroach to within five feet from the lot line.
            1.   Stairs to porches may encroach up to the lot line.
            2.   Stairs to porches shall not be permitted to encroach into the public right-of-way.
      (12)   Stoops:
         (a)   Stoops shall be no less than five feet in depth.
         (b)   Stoops shall be between four feet and six feet in width.
         (c)   Stoops shall be covered by a pitched roof structure.
         (d)   Stoops may be recessed into the main volume of the building where setbacks are less than five feet.
         (e)   Stoops shall be permitted to encroach to within five feet from the lot line.
            1.   Stairs to stoops may encroach up to the lot line.
            2.   Stairs to stoops shall not be permitted to encroach into the public right-of-way.
      (13)   Dooryards.
         (a)   Dooryards may encroach into the front building setback up to 100% of its depth.
         (b)   Dooryards shall be no less than ten feet deep.
         (c)   Dooryards may be raised from average sidewalk grade.
         (d)   Dooryards shall be enclosed on three sides by a fence constructed of metal or a wall made of brick or stone and four feet in height. Openings in the fence or wall shall be no larger than is necessary to allow pedestrian access.
      (14)   Patios.
         (a)   Patios shall be no less than four feet in depth.
         (b)   Patios shall be covered by a pitched roof structure or a balcony above.
      (15)   Shopfronts.
         (a)   Shopfronts shall be glazed with clear glass for no less than 70% of the total building wall area between two feet and 12 feet above the adjacent sidewalk, calculated independently for each building frontage.
         (b)   Shopfronts shall be designed with a bulkhead and display and transom windows.
         (c)   All bulkheads shall be between two feet and three-and-a-half feet in height.
         (d)   All display windows shall be placed above the bulkheads, and below the transom windows.
         (e)   1.   All transom windows shall have dividing muntins and be free of signage.
            2.   Wall signs, if permitted, may be installed above transom windows.
         (f)   Shopfront doors, windows, awnings, details, and lighting shall be designed and constructed as a unified composition.
      (16)   Galleries.
         (a)   Galleries shall be no less than ten feet in depth.
         (b)   Galleries may encroach to within two feet of the curb with approval by the Director of Planning.
         (c)   Galleries shall clear a minimum of ten feet above the sidewalk.
      (17)   In the absence of a building facade along any part of a lot line within D-2 and D-3 zones, a free-standing wall shall be built co-planar with the facade. All streetscreens shall be between two and four feet in height, and shall have openings no larger than necessary to allow automobile and pedestrian access.
      (18)   Commercial functions may utilize the public right-of-way for outdoor seating, serving, display of merchandise, and other business-related activities provided a contiguous clear path that is a minimum of six feet in width be maintained within the private lot, the public right-of-way, or a combination of both.
   (O)   Building massing.
      (1)   Building facades along streets and civic spaces shall not exceed 200 feet in length.
      (2)   Building facades along streets and civic spaces shall have openings for doors or windows or articulations such as projections or recesses every 20 feet.
   (P)   Building materials and configuration.
      (1)   Building walls.
         (a)   Material.
            1.   Exterior finish shall be brick, stone, stucco, or wood within D-zones.
               a.   Synthetic exterior finish shall be permitted provided the finish has the same appearance as the materials noted above and except as provided below.
               b.   Exterior insulated finishing systems (E.I.F.S.) shall not be permitted as an exterior finish.
            2.   Bulkheads for shopfronts shall be brick, stone, or stucco.
            3.   Foundations shall be brick, poured concrete, or stone.
            4.   Arches and piers shall be constructed of brick or stone.
            5.   Columns shall be brick, concrete, stone, or stucco.
            6.   Posts shall be composite wood, metal, or wood.
            7.   Stoops shall be constructed of brick or stone and shall match the adjacent building facade.
            8.   Streetscreens shall be constructed of brick or stone and shall match the adjacent building facade.
            9.   Building color shall be selected according to building style and regional precedent.
         (b)   Configuration.
            1.   Where multiple exterior finishes are used on a single building, they shall only be combined on each facade horizontally, with the heavier material below the lighter (e.g., stone below brick and stucco, brick below stucco and wood, and stucco below wood).
            2.   No more than two exterior finishes shall be used on a building, not including the foundation or trim.
            3.   Building walls shall show the same exterior finish and designs on all sides.
            4.   Brick or stone shall be integral color and unpainted.
            5.   Stucco shall be cement with smooth-sand finish.
            6.   Exposed exterior wood shall be painted or stained.
            7.   Trim shall not exceed one inch in depth or six inches in width at corners and around openings. The front entrance trim may be any size or configuration.
            8.   Arches and piers shall be no less than 12 inches by 12 inches.
            9.   Columns and posts shall be no less than six inches by six inches at finished dimension.
            10.   Upper story columns and posts shall align with the columns and posts below.
            11.   Intercolumniation shall be vertically proportioned.
      (2)   Openings.
         (a)   Material.
            1.   Windows shall be made of painted aluminum, wood, or vinyl, and shall have clear glass.
            2.   Garage doors shall be of metal, wood, or composite wood.
         (b)   Configuration.
            1.   Openings for doors and windows along streets or civic spaces shall be rectangular or square in proportion.
            2.   Openings for doors and windows above the first story shall not exceed 50% of the total building wall area, each building facade shall be calculated independently.
            3.   Openings above the first story shall be centered directly above the openings on the first story.
            4.   Doors and windows that operate as sliders shall be prohibited along streets or civic space.
            5.   a.   Windows shall be single-, double-, or triple-hung or operable casements. Windows shall be rectangular with either vertical or square proportion. Transoms shall be oriented horizontally with vertically proportioned panes of glass. Multiple windows in the same rough opening shall be separated by a four-inch minimum post. The centerline of the window sash shall align within the centerline of the wall (no flush-mounted windows).
               b.   Windows in building facades of brick, stone, or stucco shall be recessed a minimum of three inches in depth.
            6.   Muntins shall be true divided panes or be fixed on the interior and exterior surfaces. Panes shall be similar square or vertical proportions throughout the building.
            7.   Garage doors, if visible, shall not exceed ten feet in width.
      (3)   Attachments.
         (a)   Material.
            1.   Balcony floors shall be of metal or wood plank.
            2.   Patio floors shall be of brick, concrete slab, or stone.
            3.   Porch floors shall be of concrete slab, stone, or wood plank.
            4.   Stoop floors shall be of brick or stone.
            5.   Awnings shall be of canvas or metal.
            6.   Galleries shall be constructed of metal or wood.
            7.   Chimneys, if visible, shall be brick, stone, or stucco.
         (b)   Configuration.
            1.   The finished floor elevation for stoops shall be a minimum of two feet from the average sidewalk grade.
            2.   Chimneys, if visible, shall extend to the ground and shall have a projecting cap.
            3.   Bay windows shall extend to the floor inside and to the ground outside or be supported by visible brackets.
            4.   Balconies that face streets or civic space and cantilever shall be supported by visible brackets.
            5.   Awnings shall be sloping rectangles without bottom or side soffit panels.
      (4)   Roofs.
         (a)   Material.
            1.   Pitched roofs shall be asphalt shingles, metal, or slate.
            2.   Low-slope (flat) roofs shall be commercial quality roofing.
         (b)   Configuration.
            1.   Roofs shall be symmetrically pitched with a minimum angle 6 in 12, except that roofs provided for patios, porches, or stoops may be symmetrically pitched with a minimum angle 3 in 12. Low-slope (flat) roofs shall be permitted in D-2 and D-3 zones. Flat roofs shall be surrounded by a parapet wall no less than three-and-a-half feet high where the roof deck meets the parapet wall.
            2.   Skylights shall be flat to the roof plane.
            3.   Eaves shall be a minimum of 12 inches deep.
            4.   Rafter tails shall not exceed 6 inches in height at their ends.
            5.   Roof penetrations, including vent stacks, shall be placed on the roof slope that does not face a street or civic space.
      (5)   Fences and walls.
         (a)   Fences, walls, and other suitable visual screens in accordance with the provisions in § 155.094 may be provided along the rear lot lines and the side lot lines except where both adjoining lot areas are used for surface parking or outdoor commercial uses.
         (b)   1.   All fences along streets and civic spaces shall not exceed four feet in height and shall be made of wood picket, iron, steel, or aluminum that appears to be iron.
            2.   Fences along streets and civic spaces may have columns that are constructed of brick, stone, or stucco.
         (c)   All streetscreens along streets and civic spaces shall be brick, stone, or stucco and match the adjacent building facade.
         (d)   All fences, streetscreens, and walls along streets and civic spaces shall have designs different than the adjacent lots.
      (6)   Screening.
         (a)   Building mechanical equipment and refuse storage shall be visually screened and not located along streets or civic spaces.
         (b)   Building mechanical equipment on all roof tops shall be screened in a manner consistent with the architectural design of the building on all sides. All screening shall be a minimum of 12 inches higher than the building mechanical equipment to be screened on all sides.
   (Q)   Signage standards.
      (1)   Unless otherwise noted below, all the provisions existing in § 155.090 shall apply to any property developed or redeveloped in accordance with the provisions of this section.
      (2)   The following permanent signs shall be prohibited within D-zones:
         (a)   Advertising sign; and
         (b)   Electronic message sign and electronic reader board sign.
      (3)   (a)   Except as provided below, the following signs shall be permitted for residential functions:
         (b)   One address sign, no more than six inches measured vertically, may be attached to the building in proximity to the principal entrance or at a mailbox.
      (4)   Except as provided below, the following signs shall be permitted for other functions:
         (a)   One wall sign may be applied above tenant shopfronts, below second story windows, and beneath the building cornice line. Wall signs shall not exceed three feet in height and shall not exceed 90% of the width of the building facade. Tenant shopfronts located at corner lots may have one wall sign per building facade.
         (b)   One name plate sign, no more than two square feet, may be provided for each tenant.
         (c)   One blade sign for each first story tenant, no more than six square feet, may be permanently installed perpendicular to the facade. Blade signs shall clear a minimum of eight feet above the sidewalk and project no more than two feet from the building facade. Tenants on corner lots may install one blade sign per building facade.
         (d)   One window sign for each first story tenant, no more than nine square feet, may be installed within the store interior in neon tubing or applied directly to the glazing. Tenants on corner lots may install one window sign per building facade. Opaque signs are not permitted.
         (e)   Awnings may include signage in the form of text or graphics printed or applied directly to the top of the awning. Awnings may include signage in the form of text or graphics along the flap no more than eight inches measured vertically by the awning length.
         (f)   One directory sign may be installed in accordance with the provisions existing in § 155.090.
         (g)   One institutional sign may be installed in accordance with the provisions existing in § 155.090.
      (5)   A-frame sidewalk signs may be permitted for retail functions in D-3 zones and shall be subject to the following standards:
         (a)   A-frame sidewalk signs shall not exceed three-and-a-half feet in height.
         (b)   A-frame sidewalk signs shall not exceed two-and-a-half feet in width.
         (c)   A-frame sidewalk signs shall not be located within three feet of a curb.
         (d)   One A-frame sidewalk sign shall be permitted for each retail tenant at the first story.
      (6)   Marquee signs may be permitted for live theaters in D-3 zones and shall be subject to the following standards:
         (a)   One marquee sign shall be permitted for each live theater.
         (b)   Marquee signs shall clear ten feet above the sidewalk.
         (c)   Marquee signs may project to within three feet of curbs.
      (7)   Ground-based, monument-type signs may be permitted for multi-family residential buildings in D-3 zones and commercial buildings in SD-1 zones and shall be subject to the following standards:
         (a)   One ground-based, monument-type sign shall be setback a minimum of five feet from the front lot line.
         (b)   Ground-based, monument-type signs shall be constructed of brick, stone, or stucco.
         (c)   Ground-based, monument-type signs shall be a maximum of six feet in height and a maximum of eight feet in width.
         (d)   Each sign face of a ground-based, monument-type sign shall be a maximum of 25 square feet and the total signage on all sign faces shall not exceed 50 square feet.
      (8)   Murals may only be permitted for multi-family residential, mixed-use, and commercial buildings in D-3 zones.
      (9)   Temporary signs shall comply with all the applicable regulations and restrictions found in § 155.090.
   (R)   Passive space. This division provides standards for locating and designing passive spaces in D-2 and D-3 zones, and standards shall be applied as follows:
      (1)   Commercial and mixed-use development shall be required to provide passive space. Passive spaces shall be directly entered from a street or a civic space, except that such space may be directly entered from the side of the lot if visible from a street.
      (2)   Passive space may be enclosed with a fence, hedge, or wall.
      (3)   Passive space shall be paved in brick, concrete, gravel, or grass.
      (4)   Passive space shall be privately owned and maintained.
      (5)   Passive space shall be dedicated to one or more of the following:
         (a)   Fountain;
         (b)   Furniture games;
         (c)   Multi-activity area;
         (d)   Outdoor dining;
         (e)   Public art;
         (f)   Water feature; and/or
         (g)   Other similar activities to be determined by warrant.
   (S)   Special building requirements.
      (1)   To the extent that a regulating plan designates any of the following special requirements, standards shall be applied as follows:
      (2)   A mandatory retail frontage designation requires a building provide a shopfront at the first story along the entire length of its frontage. The shopfront may be combined with an awning or gallery.
   (T)   Special lot assemblage plans. Where multiple lots are assembled into single ownership, and will result in a land area of four or more contiguous acres, then it may be developed as a single project. Standards shall be applied as follows:
      (1)   All streets shall terminate at other streets in intersections, forming a network.
      (2)   All projects shall allocate at least 10% of their area to civic space. Civic space shall be designed as provided in below and as generally described in Table 5.
         (a)   Green. Shall be a minimum of 0.5 acres in size and provide the following improvements at a minimum:
            1.   One bike rack;
            2.   One bench per 1,500 square feet;
            3.   One canopy tree per 4,000 square feet; and
            4.   Lighting and trash receptacles shall be required.
         (b)   Park. Shall be a minimum of 1.0 acres in size and provide the following improvements at a minimum:
            1.   One bike rack;
            2.   One bench per 2,000 square feet;
            3.   One canopy tree per 8,000 square feet; and
            4.   Lighting shall be required along all paths and trails and trash receptacles shall be required.
         (c)   Pocket park. Shall be a minimum of 1,000 square feet and a maximum of 0.25 acres in size and provide the following improvements at a minimum:
            1.   One bike rack;
            2.   One bench per 1,000 square feet;
            3.   One canopy tree per 1,000 square feet; and
            4.   Lighting and trash receptacles shall be required.
         (d)   Square. Shall be a minimum of 0.2 acres in size and provide the following improvements at a minimum:
            1.   One bike rack;
            2.   Two benches per 1,000 square feet;
            3.   One canopy tree per 1,000 square feet; and
            4.   Lighting and trash receptacles shall be required.
      (3)   All civic spaces, with the exception of squares, shall front on at least one street.
      (4)   All furnishings in civic spaces shall meet applicable city standards.
      (5)   All principal buildings shall be within 800 feet of a civic space.
   (U)   TOD, Transit Overlay District. The TOD, Transit Overlay District, is assigned to land located in proximity to an existing or funded rail transit station. The provisions of this section shall be modified as follows:
      (1)   All multi-family residential and mixed-use buildings shall be at least four stories in height.
      (2)   All office and retail functions within 660 feet of the future rail station may be exempted from required parking.
 
 
TABLE 3
Building Function and Specific Use
D-1
D-2
D-3
SD-1
TABLE 3
Building Function and Specific Use
D-1
D-2
D-3
SD-1
A.   Residential
Accessory unit
P
P
P
P
Manor house (up to four units)
P
P
P
P
Mixed-use building
S
P
Multi-family residential building
S
P
Row house
S
P
P
P
Single-family residential (detached)
P
P
P
P
B.   Lodging
Bed and breakfast (up to five rooms)
S
P
P
P
Boutique hotel (up to 125 rooms)
P
Inn (up to ten rooms)
S
P
P
C.   Office
Business incubator
P
P
Live-work
P
P
P
P
Office building
P
P
P
D.   Retail
Brewery or brewpub
P
S
Café
P
P
P
Entertainment venue
P
Farmer's market
S
P
P
Food truck sales park
S
S
Personal service
P
P
P
Restaurant
P
P
P
Retail building
S
P
P
E.   Other
Childcare center
P
P
P
P
Conference center
P
P
Live theater
P
Museum
P
P
Parking lot
P
Parking structure
P
Religious assembly
S
S
S
S
Legend:
P:   Permitted by right
S:   Permitted by special use permit
Square left blank:   The use is not permitted
 
 
Diagram 12.
Image is for illustrative purposes only, showing a dooryard frontage.
 
(Ord. OR-2223-21, passed 10-11-21; Am. Ord. OR-2293-23, passed 4-10-23; Am. Ord. OR-2377-24, passed 8-26-24)

§ 155.073 S, SOUTH MANSFIELD FORM-BASED DEVELOPMENT DISTRICT.

   (A)   Intent. The primary intent of this S, South Mansfield Form-Based Development District, is to enable and to encourage a development pattern that is compact, mixed-use, walkable, and sustainable. The secondary intent of this form-based development district is to create and to reinforce a world-class entertainment destination, that is in proximity to national and multi-national corporations and small employers, and will promote the expansion of premium retail, restaurant, residential, office, and cultural choices, will elevate the quality of life for residents and businesses, and will contribute immensely to a robust economic base for the community and immediate environs. To that end, this form-based development district regulates the development and redevelopment of property based on the following premises:
      (1)   That building regulations should equitably balance the rights of the individual and the interests of the community as a whole.
      (2)   That building form individually and collectively defines and supports the public realm.
      (3)   That building configuration should support walkability, safe streets, and safe public spaces, creating pedestrian friendly neighborhoods.
      (4)   That building scale should define streets and public spaces as rooms and they should vary by context and intensity in coordination with neighboring properties.
      (5)   That workplace, retail, and entertainment, and housing for a variety of ages and incomes are all in close proximity, with appealing open spaces and gathering places.
   (B)   Applicability.
      (1)   The provisions of this section shall be activated by "shall" or "are" when required, and "may" when optional.
      (2)   The provisions of this section, when in conflict, shall prevail over all those of other codes, ordinances, regulations, and standards of the City of Mansfield, Texas (the "existing local codes").
      (3)   The existing local codes shall continue to be applicable to all issues that are not covered by this section, except where the existing local codes would be in conflict.
      (4)   The definitions and synonyms contains regulatory language that is integral to this section. Those terms not defined in definitions and synonyms shall be accorded their commonly accepted meanings. In the event of conflict between these definitions and those specified in the existing local codes, those of this section shall take precedence.
      (5)   The provisions of this section or the numerical metrics of its tables, when in conflict with any diagrams and / or illustrations, shall take precedence.
   (C)   Warrants and variances.
      (1)   There shall only be two types of deviations from the requirements of this section: warrants and variances.
      (2)   A warrant is a ruling that shall permit a practice that is inconsistent with a specific provision of this section, but is justified by the intent of this section. The Director of Planning shall have the authority to approve or to disapprove administratively any request for a warrant. The Director of Planning warrant decisions may only be appealed to the City Manager within 30 days of the Director of Planning warrant decision. The City Manager warrant decisions may only be appealed to the City Council, and such appeal must be made within 30 days of the City Manager warrant decision. All warrant decision appeals shall be filed with the Director of Planning or their designee.
      (3)   A variance is any ruling on a deviation from the requirements of this section other than a warrant. Variances shall be granted only by the Board of Adjustments, in accordance with the provisions existing in § 155.113, Board of Adjustments.
      (4)   A warrant shall not be available for any of the following:
         (a)   The minimum height for multi-family residential buildings;
         (b)   The required provision of rear alleys;
         (c)   The minimum requirements for parking;
         (d)   The allowable building functions and the specific functions by transect zone; or
         (e)   To modify or to alter any provisions set forth in a development plan.
   (D)   Development plan. All applications and plans for development or redevelopment under this S, South Mansfield Form-Based Development District shall be pursuant to a development plan reviewed and approved by the City Council. A development plan shall be approved prior to submittal of any special land assemblage plans and building plans and site plans for review and approval. A development plan submitted to the City Council for review and approval shall include a concept plan depicting proposed layout, proposed transect zone boundaries, proposed civic space types, proposed development intensity, proposed building types (including height), and any other applicable attributes that may be required by the City Council. The development plan shall additionally include a phasing plan for the development and modification of buildings. A development plan shall be recorded in the public records and shall be binding upon all purchasers of property within the project and it may only be assigned subject to approval of the City Council. A development plan may only be altered or modified subject to the approval of the City Council. In the event that a property owner or a developer does not prepare (or have prepared on their behalf) and present a development plan to the City Council within 90 days for review and approval of a rezoning to S, South Mansfield Form-Based Development District, then the City Council is authorized to initiate a rezoning of the property. The property owner or the developer shall abide by the terms and conditions contained in the development plan. In the event of any violation of any term or condition in the development plan, the City Council shall have all rights of enforcement against the property owner or the developer, all as provided in the existing local codes and the development plan, including initiating rezoning of the property.
   (E)   Transect zones and special districts. For the purposes of this section, the "rural-to-urban transect" is defined as a cross-section of the environment showing a range of different habitats from the most rural to the most urban condition. The rural-to-urban transect of the human environment that is used in this section is divided into four "transect zones". Transect zones are administratively similar to the land use zones found in conventional codes, except that in addition to the usual building use, parking, height, and setback requirements, other elements of the intended human habitat are also integrated, including those of the private lot and building and the public frontage. These transect zones describe the physical form and the character of a place, according to the intensity of its land use. The methodology of the rural-to-urban transect allows for a broad range of building types in each transect zone, arranged to provide balanced, safe, and walkable streetscapes. The development and modification of buildings and other elements of the built environment within the private lot is regulated according to the following transect zones and special districts. The transect zones are described on Diagram 1.
      (1)   Urban Edge Transect Zone (T-3). A lower intensity residential area that has some mixed-use. Outbuildings are permitted. Planting is naturalistic and building setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions.
      (2)   Urban Transition Transect Zone (T-4). A medium intensity area that consists of a mixed-use, but a primarily residential urban fabric. It also contains a wide range of building types. Planting and building setbacks are variable. Streets typically define medium-sized blocks with buildings set near to sidewalks.
      (3)   Urban Center Transect Zone (T-5). A medium-high intensity mixed-use area that consists of buildings that accommodate retail, office, row houses, and multi-family dwellings. It has a tight network of thoroughfares with wide sidewalks and steady street tree planting and buildings set adjacent to the sidewalks.
      (4)   Urban Core Transect Zone (T-6). A high intensity mixed-use area that consists of the highest height, the greatest variety of uses, and civic buildings of regional importance. Streets have steady street tree planting and buildings are set close to wide sidewalks.
      (5)   Entertainment District (Special District No. 1). The entertainment district is intended for the creation and reinforcement of an entertainment destination for the community with select retail, residential, office, and civic choices. All land bounded to the East by the future extension of Heritage Parkway southward; to the West by State Highway 360; to the North by the railroad right-of-way; and to the South by Lone Star Road, shall be assigned to the entertainment district (Special District No. 1) and the provisions of this section modified as follows:
         (a)   Building height for allowable civic uses shall be determined by warrant.
         (b)   The following specific uses are not allowed:
            1.   Single-family residential (detached).
      (6)   Transit Oriented District (Special District No. 2). All land located within 2,640 feet of an existing or a funded rail transit station shall be assigned to a transit oriented district (Special District No. 2) and the provisions of this section modified as follows:
         (a)   Reserved.
         (b)   Land within 660 feet of the rail transit station shall be exempt from the required parking.
      (7)   Regional Center Development District (Special District No. 3). Any parcel of land that is located within 660 feet of an existing or a funded limited-access highway shall be assigned to a regional center development district (Special District No. 3) and the provisions of this section modified as follows:
         (a)   Principal buildings shall be no less than 1,500 net square feet.
         (b)   Principal buildings shall be no less than four stories.
         (c)   Principal buildings less than four stories dedicated exclusively to retail establishments or food service establishments may be approved by warrant.
      (8)   Reserved.
      (9)   The standards for the special districts in this section overlap.
      (10)   A PD, planned development district, shall not be considered as part of this form-based development district.
   (F)   Regulating plan. Reserved.
   (G)   Instructions. This section sets forth the standards that are applicable to the development and the modification of buildings and other elements of the built environment within private lots.
      (1)   This section requires two types of submittals for approval: a building plan and a site plan. The building plans that are required for zoning review do not include any construction documents, unless otherwise required.
      (2)   Plans required by this section are subject to administrative approval by the Director of Planning.
      (3)   Building plans and site plans submitted for approval by the Director of Planning shall demonstrate compliance with:
         (a)   Entertainment district (Special District No. 1);
         (b)   Transit oriented district (Special District No. 2);
         (c)   Regional center development district (Special District No. 3);
         (d)   Reserved;
         (e)   Lot standards;
         (f)   Building disposition;
         (g)   Building configuration;
         (h)   Frontage standards;
         (i)   Building function;
         (j)   Parking standards;
         (k)   Landscape standards;
         (l)   Signage standards;
         (m)   Nonconformities, if any; and
         (n)   Building materials and configuration.
   (H)   Lot standards. For the purposes of this section, each lot shall be composed of three lot layers, as shown in Diagram 4-A.
      (1)   The portion of each lot enfronting a thoroughfare or a passage shall be designated as its principal frontage. Corner lots shall designate a principal frontage either along the thoroughfare or the passage, and a secondary frontage along the remaining frontage. Lots, other than corner lots, enfronting more than one thoroughfare or passage shall have their frontages determined by warrant, and may be subject to more than one principal frontage.
      (2)   There shall be no minimum nor maximum lot width for any transect zone.
      (3)   Lot coverage by buildings and other paved surfaces shall not exceed the maximum percentages by transect zone:
         (a)   T-3 transect zones: 60% maximum.
         (b)   T-4 transect zones: 70% maximum.
         (c)   T-5 transect zones: 70% maximum.
         (d)   T-6 transect zones: 90% maximum.
   (I)   Building disposition. Buildings shall be disposed on a lot as follows:
      (1)   Facades of principal buildings shall be built parallel to a rectilinear principal frontage line or be built to the tangent of a curved principal frontage line.
      (2)   Facades of principal buildings shall occupy a minimum percentage of the principal frontage width within the front setback, as specified below, as frontage buildout:
         (a)   T-3 transect zones: 40% minimum.
         (b)   T-4 transect zones: 60% minimum.
         (c)   T-5 transect zones: 80% minimum.
         (d)   T-6 transect zones: 80% minimum.
      (3)   All principal buildings, and outbuildings, shall be setback from the boundaries of their lots by transect zone according to Diagrams 2-A, 2-B, 2-C, and 2-D.
         (a)   The front setback requirements for principal buildings may be modified by warrant to accommodate slopes over 10%.
         (b)   The front setback requirements for principal buildings, where ground floor commercial uses are provided, may be increased up to 12 feet by-right for outdoor seating and outdoor serving.
         (c)   Utility services may require easements at the frontage line, the side lot lines, and / or the rear lot lines for meters, pedestals, and other equipment requirements. The setback requirements may be modified by warrant to accommodate any easements.
      (4)   The rear setback for all outbuildings shall be a minimum of 15 feet, measured from the centerline of the rear alley. In the absence of the rear alley, the rear setback shall be a minimum of three feet.
      (5)   Specific to the T-3 Transect Zones. Two buildings may be built on each lot, one principal building at the principal frontage, and one outbuilding.
      (6)   Specific to the T-4 Transect Zones.
         (a)   Two buildings may be built on each lot, one principal building at the principal frontage, and one outbuilding.
         (b)   The principal entrance shall be on a frontage line. Forecourts and recessed stoops that recess the principal entrance from a frontage line are permitted.
      (7)   Specific to the T-5 and the T-6 Transect Zones.
         (a)   The principal entrance shall be on a frontage line. Forecourts and recessed stoops that recess the principal entrance from a frontage line are permitted.
         (b)   Outbuildings are not permitted in the T-6 transect zones.
   (J)   Building configuration.
      (1)   Building height shall be measured in stories for each habitable level above-ground as provided in below:
         (a)   Stories are measured from finished floor to finished ceiling.
         (b)   For residential building functions, all ground floors shall have a minimum story height of nine feet.
         (c)   For commercial building functions, ground floors shall have a minimum story height of 11 feet and a maximum of 25 feet. A single floor level exceeding 18 feet at the ground floor shall be counted as two stories.
      (2)   Building height is limited to the following maximum heights:
         (a)   Three stories in the T-3 transect zones.
         (b)   Four stories in the T-4 transect zones.
         (c)   There are no limitations on building height in the T-5 and the T-6 transect zones.
      (3)   Height limits for masts, water towers, belfries, clock towers, chimney flues, or elevator bulkheads shall be determined by warrant.
      (4)   Outbuildings are limited to two stories in all transect zones and they shall be no higher than the principal building on the same lot.
      (5)   The habitable space of an accessory unit within a principal building or an outbuilding shall not exceed 1,000 square feet.
      (6)   Ground floor residential functions shall be raised a minimum of two feet from the average sidewalk grade at the principal frontage in the T-4, the T-5, and the T-6 transect zones.
      (7)   For all multi-family residential buildings, building height shall be no less than four stories.
      (8)   For free standing parking structures only, building height shall be measured in feet according to below:
         (a)   A maximum of 60 feet in the T-4 transect zones.
         (b)   A maximum of 80 feet in the T-5 and the T-6 transect zones.
      (9)   For parking structures that are attached to a building or buildings, for at least 50% of their perimeter, stories may exceed the limit for parking structure height provided that they not exceed the eave height of the attached building or buildings.
   (K)   Frontage standards.
      (1)   General.
         (a)   The first lot layer shall contain the private frontage, configured by transect zone according to Diagram 3.
         (b)   Lots enfronting two or more thoroughfares or passages shall have private frontages along each thoroughfare and passage. Prescriptions for the second lot layers and the third lot layers shall pertain only to the principal frontage. The prescriptions for the first lot layer shall pertain to all frontages.
         (c)   Row houses shall provide a dooryard, a terrace, or a stoop in the private frontage.
         (d)   Multi-family residential buildings shall provide a dooryard or a terrace or a stoop for all ground floor dwellings enfronting a thoroughfare or a civic space.
         (e)   Ground floor commercial functions shall provide a shopfront frontage at minimum.
         (f)   Ground floor commercial functions may also utilize the public frontage for outdoor seating, outdoor serving, outdoor display of merchandise, and other business related activities provided that a minimum six-foot contiguous clear path be maintained within the public frontage, private frontage, or combination of both.
            1.   Outdoor displays of merchandise shall be removed from the frontage between sunset and sunrise.
         (g)   Ground floor entrances to all other building functions shall be illuminated.
         (h)   Frontages that encroach into the public frontage shall require that a minimum six-foot contiguous clear path be maintained within the public frontage, private frontage, or combination of both.
         (i)   In order to encourage diversity in architectural design, private frontages shall vary from lot to lot.
         (j)   For the purposes of this section, frontages are divided into the following types:
            1.   Porch and fence;
            2.   Dooryard and terrace;
            3.   Stoop;
            4.   Forecourt;
            5.   Shopfront;
            6.   Gallery; and
            7.   Arcade.
         (k)   In order to encourage diversity in design, building frontages shall vary from lot to lot.
      (2)   Porch and fence frontages.
         (a)   Fences and hedges may be located along the frontage lines.
         (b)   Fences and hedges at the frontage lines shall be limited to a maximum height of four feet.
      (3)   Dooryard and terrace frontages.
         (a)   Dooryards and terraces may encroach into the first lot layer up to 100% of its depth.
         (b)   Dooryards and terraces shall be raised a minimum of two feet from the average sidewalk grade at the frontage.
         (c)   Dooryards and terraces shall be no less than ten feet deep.
         (d)   Dooryards and terraces shall be bound by fences or walls on three sides.
            1.   Fences and walls shall be four feet in height.
            2.   Fences or walls shall be provided as part of the dooryard or the terrace.
      (4)   Stoop frontages.
         (a)   Stoops may be combined with a dooryard or a terrace frontage.
         (b)   Stoops may encroach into the first lot layer up to 100% of its depth.
         (c)   Stoops shall be raised a minimum of two feet from the average sidewalk grade at the frontage.
         (d)   Stoops shall be no less than four feet deep.
         (e)   Stoops may be recessed into a building facade where the front setback is less than four feet.
      (5)   Forecourt frontages.
         (a)   Forecourts shall only be combined with a dooryard or terrace, a stoop, a gallery, or an arcade frontage.
         (b)   Forecourts may be provided for pedestrians or vehicles.
         (c)   Forecourts may recess from the frontage line.
            1.   Forecourts shall recess no more than 50% of the building facade.
         (d)   Forecourts shall be limited to 4,000 square feet in area.
         (e)   Forecourts shall be bound by building facades on a minimum of two sides.
         (f)   The width of the forecourt shall count towards frontage build-out requirements.
      (6)   Shopfront frontages.
         (a)   All shopfronts shall be freestanding or combined with a gallery or an arcade frontage.
         (b)   All shopfronts shall be glazed with clear glass for no less than 70% of the ground floor building facade area and shall have a continuous knee wall between two and three feet above the sidewalk at the principal and the secondary frontages.
            1.   The principal entrance shall be at sidewalk grade.
            2.   The principal entrance may be recessed up to eight feet in depth from the building facade.
         (c)   Freestanding shopfronts may be combined with awnings, and awnings may encroach into the first lot layer up to 100% of its depth and may also encroach into the public frontage to within two feet of the curb.
            1.   Awnings may be fixed or movable.
         (d)   All awnings shall provide a minimum vertical clearance of ten feet.
         (e)   All awnings shall project horizontally from the building facade a minimum of six feet.
      (7)   Gallery frontages.
         (a)   Galleries may encroach into the public frontage to within two feet of the curb.
         (b)   Galleries shall provide a minimum vertical clearance of ten feet and project horizontally from the building facade a minimum of ten feet.
         (c)   Public planting and public lighting may only be omitted where galleries encroach into the public frontage.
         (d)   A gallery frontage may be combined with a shopfront frontage.
      (8)   Arcade frontages.
         (a)   Arcades may encroach into the public frontage to within two feet of the curb.
         (b)   Arcades shall provide a minimum vertical clearance of ten feet and project horizontally from the building facade a minimum of ten feet.
         (c)   Public planting and public lighting may only be omitted where arcades encroach into the public frontage.
         (d)   An arcade frontage may be combined with a shopfront.
      (9)   Specific to the T-3 Transect Zones.
         (a)   Porches shall be no less than eight feet deep.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 25% of its depth.
      (10)   Specific to the T-4 Transect Zones.
         (a)   Porches shall be no less than four feet deep.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 50% of its depth.
      (11)   Specific to the T-5 and T-6 Transect Zones.
         (a)   In the absence of a building facade along any part of a frontage line, a streetscreen shall be built co-planar with the facade. A streetscreen shall be between four and eight feet in height and have openings no larger than is necessary to allow automobile and pedestrian access.
         (b)   Balconies, bay windows, and other architectural features may encroach into the first lot layer up to 100% of its depth.
   (L)   Building function.
      (1)   General.
         (a)   Building use in this section shall be limited to those allowable building functions and to those specific uses by transect zone according to Diagram 5.
         (b)   Building uses requiring a specific use permit shall be subject to a review and a recommendation by the Planning and Zoning Commission, and approval by the City Council as established in § 155.080.
         (c)   Buildable intensity of the use shall be determined by transect zone on a per lot basis by the required parking.
      (2)   Additional use restrictions. The following uses are subject to additional restrictions:
         (a)   Accessory unit.
            1.   An accessory unit may only be provided in the following locations: within a principal building or an outbuilding or above a free-standing garage.
            2.   An accessory unit shall provide an entry independent of the principal building and that is accessible from a rear alley or from a sidewalk.
         (b)   Bed and breakfast.
            1.   The number of bedrooms available for lodging is limited by the required parking of 1.0 assigned parking spaces for each bedroom, up to five, in addition to the required parking for the residential unit.
            2.   The lodging shall be owner-occupied.
            3.   Food service may be provided in the morning.
            4.   The maximum length of stay shall not exceed 14 days.
         (c)   Hotel.
            1.   The number of bedrooms available for lodging is limited by the required parking of 1.0 assigned parking spaces for each bedroom and the area allocated to food service shall be calculated and provided with parking according to retail function.
            2.   Food service shall be provided at all times.
         (d)   Live-work unit.
            1.   The business operator shall reside at the property.
      (3)   Prohibited uses. The following uses are not allowed in any transect zone:
         (a)   Adult entertainment;
         (b)   Automotive sales;
         (c)   Automotive repair and / or automotive service facility;
         (d)   Body piercing parlor and /or tattoo parlor;
         (e)   Car wash;
         (f)   Check cashing;
         (g)   Pawn shop, secondhand shop, or thrift store;
         (h)   Retail sales of guns or weapons as a primary use;
         (i)   Retail sales of tobacco as a primary use;
         (j)   Warehousing, distribution, and / or bulk storage; and
         (k)   Wholesale business.
      (4)   Specific to the T-3 Transect Zones.
         (a)   The building area available for office use on each lot is limited to the first story of the principal building and the outbuilding.
         (b)   The maximum number of employees and occupants shall not exceed four for office use.
      (5)   Specific to the T-4 Transect Zones.
         (a)   The building area available for office use on each lot is limited to the first story of the principal building and the outbuilding.
         (b)   The building area available for retail use is limited to the first story of buildings at corner locations along avenues or drives.
         (c)   A food service establishment shall be further limited to seating no more than 60 patrons.
   (M)   Parking standards. Applicable parking regulations and restrictions as found in § 155.091, shall apply.
      (1)   Parking requirements. Parking requirements shall be determined by their building function as provided in below:
         (a)   Residential building functions.
            1.   1.0 assigned parking spaces for one bedroom.
            2.   2.0 assigned parking spaces for two or more bedrooms.
         (b)   Lodging building functions.
            1.   1.0 assigned parking spaces for one bedroom.
         (c)   Office building functions.
            1.   3.0 assigned parking spaces per 1,000 square feet of net office space.
         (d)   Retail building functions.
            1.   4.0 assigned parking spaces per 1,000 square feet of net retail space.
         (e)   Parking requirements for all other building functions shall be in accordance with the provisions existing in § 155.091.
         (f)   The following shall be exempt from parking requirements:
            1.   Liner buildings less than 30 feet deep and no more than two stories shall be exempt from parking requirements.
            2.   Retail spaces under 1,500 square feet of net retail space shall be exempt from parking requirements.
         (g)   Fractional remainders greater than one-half shall be rounded upwards.
      (2)   Parking access.
         (a)   All parking shall be accessed by alleys where available, except as provided below.
         (b)   All vehicular entrances to parking lots and parking structures shall be no wider than 24 feet at the frontage.
            1.   No vehicular entrance to any parking lot or any parking structure shall be gated.
            2.   Gates for parking structures may be permitted provided the gates are internal to the parking structure.
         (c)   All pedestrian access to parking lots and to parking structures shall be directly to a frontage line, not directly into a building, except for underground parking levels.
      (3)   Parking location.
         (a)   All garages shall be located at the third lot layer.
         (b)   All carports shall be located at the third lot layer.
         (c)   All parking lots and parking structures shall be located in the third lot layer.
      (4)   Physical requirements.
         (a)   All parking lots shall be masked from the frontage by either a building or a streetscreen.
            1.   Parking lots shall be paved in concrete.
            2.   Parking lots may only be paved in asphalt, brick, cobble, or stone by warrant.
         (b)   All parking structures shall be masked from the frontage by:
            1.   A liner building at the first two stories; or
            2.   When a liner building is not feasible, by use of plantings, glazing, or frequent openings.
         (c)   A minimum of one bicycle rack place shall be provided within the public frontage or private frontage for every 20 vehicular parking spaces.
      (5)   Specific to the T-3 Transect Zones.
         (a)   Garages may only be accessed by driveways from the principal frontage or the secondary frontage by warrant.
            1.   Driveways shall be limited to 12 feet in width in the first lot layer.
         (b)   Parking lots and parking structures are not allowed.
      (6)   Specific to the T-4 Transect Zones.
         (a)   Parking structures are not allowed.
      (7)   Specific to the T-5 and the T-6 Transect Zones.
         (a)   Parking provided shall include the actual parking spaces that are provided within the lot and the actual parking spaces that are along the parking lane corresponding to lot frontages. The parking spaces that are along the parking lane corresponding to lot frontages shall remain available to the public and cannot be restricted to use by the enfronting lots.
         (b)   Up to 100% of required parking may be provided off-site by a parking lot or parking structure within 800 feet of the lot.
   (N)   Landscape standards. Applicable landscaping regulations and restrictions as found in § 155.092, shall apply.
      (1)   General.
         (a)   All planting and landscape in the private frontage and private lots shall consist of non-invasive species.
      (2)   Porch and fence frontages. All porch and fence frontages shall be landscaped as follows:
         (a)   For every 30 feet of frontage line, a minimum of two trees shall be planted.
         (b)   Native plant perennial landscapes may be used.
      (3)   Dooryard and terrace frontages. All dooryard and terrace frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
         (c)   If planted in the private frontage, trees may match the species of trees planted in the public frontage.
      (4)   Stoop and forecourt frontages. All stoop and forecourt frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
         (c)   If planted in the private frontage, trees may match the species of trees planted in the public frontage.
         (d)   Paving, where installed, may match the public frontage except where paved with pervious materials.
         (e)   Driveways within forecourts shall be limited to 20 feet in width and portions of driveways in the private frontage may be paved in brick, cobble, stone, or may be paved to match the adjacent public frontage.
      (5)   Shopfront frontages. All shopfront frontages shall be landscaped as follows:
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Private frontages shall be paved to match the public frontages.
         (c)   Landscaping, where installed, shall consist of durable species tolerant of soil compaction.
      (6)   Gallery and arcade frontages.
         (a)   Trees and shrubs shall not be required in the private frontage.
         (b)   Private frontages shall be paved to match the public frontages.
      (7)   Parking lots. All parking lots shall be landscaped as follows:
         (a)   One tree shall be planted for every ten parking spaces.
         (b)   Parking lots consisting of less than 20 parking spaces shall be exempt from landscaping requirements.
      (8)   Specific to the T-3 Transect Zones.
         (a)   One walkway, no wider than five feet, and providing access to the principal entrance shall be permitted at all frontages.
            1.   Walkways may consist of pervious materials.
         (b)   One driveway, limited to 12 feet in width, may be permitted at each frontage.
      (9)   Specific to the T-4 Transect Zones.
         (a)   One walkway, no wider than five feet, and providing access to the principal entrance shall be permitted at all frontages.
            1.   Walkways may consist of pervious materials.
   (O)   Signage standards. Unless otherwise noted below, all provisions of § 155.090, Sign Standards, shall apply to properties developed in accordance with this section.
      (1)   General.
         (a)   Temporary signs. Temporary signs may be considered for uses allowed in any transect zone.
         (b)   Prohibited signs. The following sign types are not allowed in any transect zone, and are defined in § 155.090:
            1.   Advertising signs.
            2.   Pole signs.
      (2)   Residential building functions.
         (a)   Address signs. One address number that is no more than six inches as measured vertically, may be attached to the building in proximity to the principal entrance or at a mailbox.
         (b)   Illumination. Signage may be externally illuminated.
      (3)   Other building functions.
         (a)   Sign bands.
            1.   One external permanent sign band, not to exceed three feet in height, may be applied to each building facade.
            2.   Businesses on corner lots may install one sign band per frontage.
         (b)   Canopy signs.
            1.   One canopy sign for each ground floor business shall be permitted if located within the first four inches from the outer edges of the canopy.
            2.   Businesses on corner lots may install one canopy sign per frontage.
         (c)   Window signs.
            1.   One window sign for each business on the ground floor, no more than nine square feet, may be installed within the store interior in neon tubing or applied directly to the glazing. Businesses on a corner lot may install one window sign per frontage.
            2.   Businesses on corner lots may install one window sign per frontage.
            3.   Opaque signboards are prohibited.
         (d)   Awning signs. Awnings may include signage in the form of text along the flap, no taller than six inches and text or graphics on the top, printed or applied to the fabric.
         (e)   Blade signs.
            1.   One blade sign for each ground floor business, no more than six square feet each, may be permanently installed perpendicular to the building facade.
            2.   Blade signs shall clear eight feet above the sidewalk.
            3.   Businesses on corner lots may install one blade sign per frontage.
         (f)   A-frame sidewalk signs.
            1.   One A-frame sidewalk sign not to exceed six square feet, may be placed in front of a ground floor business during business hours.
            2.   A-frame sidewalk signs shall be made of metal, wood, or synthetic wood and shall have a hand-crafted design.
         (g)   Painted mural signs.
            1.   Painted murals may not include copy related to the use or the uses of the building.
            2.   One painted mural may be applied to the facade of each building.
   (P)   Non-conformities.
      (1)   Where buildings exist on adjacent lots, the Director of Planning may require that a proposed building match the setbacks and heights of adjacent buildings rather than the provisions of this section.
      (2)   Reserved.
   (Q)   Building materials and configuration.
      (1)   Walls.
         (a)   Materials.
            1.   Reserved.
            2.   Columns along frontage lines shall be made of concrete or stone. Synthetic materials may be permitted provided they have the appearance of the materials noted above.
            3.   Foundations and piers shall be made of brick, concrete, or stone.
            4.   Structural posts along frontages shall be made of metal or wood or composite wood.
            5.   Outbuildings shall be constructed of materials to match the principal building.
         (b)   Configuration.
            1.   Reserved.
            2.   All exposed exterior wood shall be painted or stained.
            3.   All the exterior walls of a single building shall maintain a uniform level of quality in materials and detailing.
            4.   All the exterior walls of a single building shall be of three materials maximum, excluding attachments and raised basements.
            5.   All piers along frontages shall be no less than 12 inches by 12 inches in thickness.
            6.   All structural posts along frontages shall be no less than six inches by six inches nominal dimension.
            7.   Intercolumniation on the ground floor shall be vertically proportioned.
      (2)   Roofs.
         (a)   Materials.
            1.   Sloped roofs shall be clad in asphalt shingles, slate, and terra cotta tile. Sloped roof cladding may include metal, provided that it complements an architectural style and that it minimizes glare.
            2.   Flat roofs shall be clad in commercial roofing or similar.
            3.   Flat roofs shall be permitted in the T-4, the T-5, and the T-6 transect zones.
            4.   Green (vegetated) roofs shall be permitted in the T-4, the T-5, and the T-6 transect zones.
         (b)   Configuration.
            1.   Where used on a building, sloped roofs along frontages shall have symmetrical pitched roofs with slopes no less than 6:12. Porches, stoops, and dormers may have shed roofs with pitch no less than 3:12.
            2.   Where used on a building, flat roofs shall be surrounded by a horizontal parapet wall no less than 42 inches high on all sides where the roof deck meets the parapet wall.
            3.   Roof penetrations, including vent stacks, shall typically be placed on the roof slope that does not face a frontage.
      (3)   Openings.
         (a)   Materials.
            1.   All windows shall be made of painted aluminum, vinyl, or wood, and shall have clear glass.
            2.   All shutters shall be made of wood or composite wood.
            3.   Garage doors shall be made of composite wood or wood.
         (b)   Configuration.
            1.   All doors and windows shall be evenly spaced along the building facade to create a harmonious composition.
            2.   All door and window header heights shall be consistent along a building facade.
            3.   All windows along a building facade shall be rectangular in shape and vertically proportioned, with the exception of transom windows. Windows that are square in shape may be approved by warrant.
            4.   All windows along a building facade shall be recessed at least three inches in depth in exterior finish material of brick, stone, or stucco; and flush-mounted windows are not permitted.
            5.   All windows shall use vertically proportioned panes.
            6.   Shutters shall be operable and useable. If non-operable, the shutters shall be of proportions which are identical to an operable shutter for the window. Shutters shall be in louvered panel, solid panel, or board-and-batten style of construction.
      (4)   Attachments.
         (a)   Materials.
            1.   Where visible, chimneys shall be brick, stone, or stucco.
            2.   Flues may be galvanized or painted black.
            3.   All balcony floors shall be concrete slab, metal, or wood.
            4.   All porch floors shall be of brick, concrete slab, or stone.
            5.   All stoops, including the landing and the exterior stairs, shall be brick or stone.
         (b)   Configuration.
            1.   Balconies that cantilever shall be supported by brackets made of concrete beams or profiled sills, or wood beams, or other architectural support of appropriate scale.
            2.   Bay windows shall extend to the ground or be supported by concrete or wood brackets of appropriate scale.
            3.   Where visible, chimneys shall extend to the ground, and shall have a projecting cap on top.
      (5)   Shopfronts.
         (a)   Shopfront windows. First story building facades shall be a minimum of 70% clear glass as measured between the finished floor and the finished ceiling, including the glass area of the front door, and shall have a continuous knee wall above the adjacent sidewalk.
            1.   All shopfront glass shall be clear, and with no more than 10% tinted.
            2.   Colored, mirrored, or reflective glass is not permitted on any doors and windows.
         (b)   Knee walls. Shopfronts shall have a minimum 24-inch high solid knee wall along all thoroughfares. Shopfront knee walls shall be a maximum of 36 inches above the adjacent sidewalk. The knee walls shall be designed as an integral component of the overall shopfront.
         (c)   Transom windows. Shopfronts shall have a minimum 24-inch high transom window along all thoroughfares. Shopfront transom windows shall be a maximum of 48 inches high. The transom windows shall be designed as an integral component of the overall shopfront.
         (d)   Shopfront entrance doors. Shopfront entrance doors, if recessed, shall be recessed a maximum of eight feet in depth from the building facade to allow the door to swing out without obstructing pedestrian flow on the sidewalk.
            1.   Where appropriate, either sliding doors or folding doors which allow the activity of the business to open adjacent to and onto the sidewalk, may be installed for cafes and restaurants.
         (e)   Sign bands. All shopfronts shall have a sign band applied to the building facade at the top of the first story window. All sign bands shall be an integral design with the shopfront elevation and its details, and may be a contrasting color to the building.
         (f)   Awnings.
            1.   Awnings shall be canvas, metal, or glass, and they shall be coordinated with the top edge of first story doors and windows.
            2.   Awnings shall consist of sloping squares or rectangles, without side or bottom soffit panels.
         (g)   Shopfront security gates and shutters. Solid metal security gates and solid metal roll-down shutters shall not be permitted along frontages. Interior link or grill security devices may be permitted if they can be completely enclosed or hidden from view when not in use, and subject to the approval by the Director of Planning.
      (6)   Fences, walls, and other suitable visual screens.
         (a)   Fences, walls, and other suitable visual screens in accordance with the provisions existing in § 155.094 are prohibited along side lot lines and rear lot lines of multi-family residential buildings and mixed-use buildings.
         (b)   Fences along frontage lines shall be made of metal or wrought iron or wood.
            1.   All metal and wrought iron shall be black.
            2.   All wood shall be painted or stained.
            3.   All gates shall be made of metal or wood.
         (c)   Walls along frontage lines shall be constructed of brick, stone, or stucco.
            1.   All gates shall be made of metal or wood.
         (d)   Streetscreens shall be constructed of a material matching the adjacent building facade.
      (7)   Building facades shall provide architectural articulations, including recesses and projections. Architectural articulations are required at intervals of 25 feet along frontages. Architectural articulations shall be limited to four for each 100 feet of building facade length and all architectural articulations shall be a minimum of four feet in depth.
         (a)   The maximum length of a facade for a single building shall not exceed 300 feet.
         (b)   In order to encourage variety in architecture, building facades shall not be repealed along a block face or directly across from a thoroughfare.
         (c)   In mixed-use buildings, ground floor retail functions shall be distinguished from upper floors with an identifiable break or distinguishing expression line. This may include cornice lines, projections or recesses; changes in fenestration; or changes in exterior finish material.
      (8)   Building mechanical equipment such as electric meters, gas meters, water meters, and transformers and refuse storage shall be visually screened and not located along frontages.
      (9)   Rooftop mechanical equipment shall be fully screened from all sides by parapet walls or opaque screening enclosures both of which shall be at least 12 inches greater in height than the equipment.
      (10)   Outdoor refuse and outdoor recycling collection receptacles shall not be located along frontages. All collection receptacles shall be visually screened on all sides by a solid wall a minimum of six feet in height, and that is constructed of a material matching the adjacent building facade. All access doors into the collection receptacle shall be made of opaque metal matching the height of the solid walls. Lids shall be required on collection receptacles that are not in a roofed enclosure.
   (R)   Light levels.
      (1)   General.
         (a)   The design of all streetlights shall be determined by warrant.
      (2)   Specific to the T-3 and the T-4 Transect Zones.
         (a)   No lighting level measured at the frontage shall exceed 1.0 foot candles.
      (3)   Specific to the T-3 and the T-4 Transect Zones. No lighting level measured at the frontage shall exceed 2.0 foot candles.
      (4)   Specific to the T-6 Transect Zones.
         (a)   No lighting level measured at the frontage shall exceed 5.0 foot candles.
   (S)   Special land assemblage plans. A special land assemblage plan is intended to create and to reinforce a pedestrian oriented and a balanced pattern of development with a complementary mixture of retail, residential, employment, and civic choices within a walkable, compact, and visually harmonious environment, in order to provide for greater integration of public and private improvements and infrastructure, and to encourage and to enable thoroughfare connectivity. A special land assemblage plan is required for all proposed development and redevelopment on a parcel of land or on multiple parcels of land greater than two acres. The property owner or the developer shall prepare, or shall have prepared on their behalf, a special land assemblage plan.
      (1)   Thoroughfare network plan.
         (a)   General.
            1.   Thoroughfares shall terminate at other thoroughfares in intersections, forming a network.
            2.   Thoroughfares shall be paved in concrete, and they may be paved in other surface materials including asphalt, brick, cobble, or stone by warrant.
            3.   Thoroughfares shall have street trees planted on center, every 30 feet.
            4.   Unless otherwise noted below, thoroughfares shall have their assemblies and designs determined by warrant.
            5.   The thoroughfare network plan shall define blocks not exceeding the following perimeter lengths, measured as the sum of frontage lines.
               a.   T-3 transect zones: 3,000 feet.
               b.   T-4 transect zones: 2,400 feet.
               c.   T-5 transect zones: 2,000 feet.
               d.   T-6 transect zones: 1,800 feet.
         (b)   Avenues.
            1.   The minimum sidewalk width shall be six feet.
            2.   The minimum parkway width shall be four feet.
         (c)   Drives and streets.
            1.   The minimum sidewalk width shall be five feet.
            2.   The minimum parkway width shall be four feet.
         (d)   Rear alleys.
            1.   The minimum pavement width shall be 14 feet.
      (2)   Transect zones.
         (a)   The allocation and assignment of transect zones by a property owner or a developer shall be subject to review and approval of the Director of Planning.
      (3)   Civic space.
         (a)   A special land assemblage plan shall assign a minimum of 12% of its aggregate area to civic space.
            1.   The required civic space may be modified by a reduction to no less than 5% of a special land assemblage plan.
         (b)   A civic space shall be located within a maximum of 800 feet of each residential unit.
         (c)   A civic space shall conform to one of the types provided below, and as shown in Diagram 6:
            1.   Green (the minimum size shall be 0.5 acres).
            2.   Park (the minimum size shall be 1.0 acres).
            3.   Playground (there is no minimum or maximum size).
            4.   Square (the minimum size shall be 0.5 acres).
         (d)   Where feasible, parks and squares shall be activated with one or more of the following program elements:
            1.   Concert space;
            2.   Farmer's market;
            3.   Fountain;
            4.   Outdoor seating and outdoor serving (i.e., food service);
            5.   Performance space;
            6.   Public art;
            7.   Water feature; or
            8.   Waterside staircase.
         (e)   Where civic space abuts any existing or planned pedestrian or bicycle trails, then the pedestrian and bicycle trails shall be continued through the civic space.
      (4)   Building disposition.
         (a)   Building setback requirements may be modified except for the minimum front setbacks in the T-6 transect zones.
         (b)   All special land assemblage plans shall include a diverse mix of building disposition types.
      (5)   Building function.
         (a)   A special land assemblage plan shall not alter, nor modify, any of the allowable building functions or specific functions in Diagram 5.
      (6)   Signage.
         (a)   A special land assemblage plan may include additional design guidelines for signage, provided the guidelines are equal to or better than the strict application of a design standard as set forth in this section.
            1.   No sign shall exceed a maximum height of 30 feet.
            2.   No prohibited sign type shall be allowed.
            3.   No sign shall be installed within ten feet of public right-of-way.
      (7)   Building materials and configuration.
         (a)   A special land assemblage plan may include additional design guidelines for building materials and configuration, provided the guidelines are equal to or better than the strict application of a design standard as set forth in this section.
      (8)   Special requirements. To the extent that a special land assemblage plan designates any of the following special requirements, those standards shall be applied as follows:
         (a)   A mandatory terminated vista designation that requires that a building be provided with architectural articulation of a type and a character that responds visually to its axial location.
         (b)   A cross block passage that requires that a minimum ten-foot-wide pedestrian access be reserved between buildings.
         (c)   A build-to line requires the placement of the building facade along the line (forecourts may recess a building entrance from the build-to line).
      (9)   Approvals process.
         (a)   The Director of Planning shall process administratively special land assemblage plan applications. The property owner or the developer may appeal a special land assemblage plan decision to the City Manager.
         (b)   All special land assemblage plans submitted for approval shall demonstrate compliance with:
            1.   The assignment of existing and planned thoroughfares;
            2.   The allocation of transect zones;
            3.   The allocation of civic space;
            4.   The locations of public art;
            5.   Special requirements, if any; and
            6.   Other applicable attributes that may be required by the Director of Planning.
         (c)   A special land assemblage plan shall inform the building plans and site plans subject to administrative review. A special land assemblage plan shall be approved prior to building plan and site plan submittal.
      (10)   Amendments. For the purposes of this section, any modification to the special land assemblage plan and its metrics, including changes in transect zone assignments, are considered "amendments".
         (a)   Amendments to the special land assemblage plan shall not be used as a reason to add new uses, new structures, or new site improvements that are not permitted by the regulations of the transect zone in which it is located.
         (b)   All amendments to the special land assemblage plan shall be approved by the Director of Planning.
      (11)   Development agreement required. A development plan shall be approved prior to submittal of a special land assemblage plan.
   (T)   Architectural pattern language. Reserved.
   (U)   Public art. Reserved.
   (V)   Definitions. This section provides definitions for terms used in this section that are technical in nature or that otherwise may not reflect a common usage of the term. If a term used is not defined in this section, then the Director of Planning shall determine the correct definition.
      ACCESSORY UNIT. A type of residential unit not greater than 1,000 square feet sharing ownership and utility connections with a principal building; it may or it may not be within an outbuilding. Accessory units may only be rented if the principal building is owner-occupied. Alternatively, a property owner may live in the accessory unit and rent the principal building (Synonym: ANCILLARY UNIT).
      ALLEY. A private thoroughfare designated to be a secondary means of vehicular access to the rear or side of properties; an alley may connect to a vehicular driveway that is located to the rear of lots providing access to outbuildings, service areas, and parking, and containing utility easements.
      ARCADE. A private frontage principally for retail use wherein the building facade is a colonnade supporting habitable space that overlaps the sidewalk, while the building facade at sidewalk level remains at the frontage line.
      ATTIC. The interior part of a building contained within a pitched roof structure.
      AWNING. A fixed or a movable shading structure, and cantilevered or otherwise entirely supported from a building, that is used to protect outdoor spaces from sun, rain, and other natural conditions. Awnings are typically used to cover outdoor seating for restaurants and cafes.
      BALCONY. A platform projecting from an upper-story door that is enclosed with a balustrade and that is not supported by columns.
      BED AND BREAKFAST. A type of owner-occupied lodging offering one to five bedrooms, permitted to serve breakfast in the mornings to guests.
      BLADE SIGN. A sign that is made from rigid material mounted perpendicular to a building wall with one side attached or supported by a device extending from a building wall.
      BLOCK. The aggregate of the private lots, civic spaces, passages, and rear alleys, circumscribed by thoroughfares.
      BLOCK FACE. The aggregate of all the building facades on one side of a block.
      BUILDING CONFIGURATION. The form of a building, based on its massing, its private frontage, and its height.
      BUILDING DISPOSITION. The placement of a building on its lot.
      BUILDING ELEVATION. An exterior wall of a building that is not along a frontage line (See BUILDING FACADE).
      BUILDING FACADE. The exterior wall of a building that is set along a frontage line.
      BUILDING FUNCTION. The use or the uses accommodated by a building and its lot.
      BUILDING HEIGHT. The vertical extent of a building measured in stories.
      BUILD-TO-LINE. A line established within a given lot indicating where the outer edge of a building must be located relative to frontages.
      BY-RIGHT. Characterizing a proposal or component of a proposal that complies with this section and is permitted and processed administratively, without public hearing (See WARRANT).
      CIVIC BUILDING. A building type that is operated by one or more not-for-profit organizations dedicated to arts, culture, education, and government.
      CIVIC SPACE. An outdoor area permanently dedicated for public use.
      COMMERCIAL. The term collectively defining lodging, office, and retail building functions.
      CORNER LOT. A lot or parcel of land abutting two or more thoroughfares at their intersection.
      CROSS-BLOCK PASSAGE. A publicly accessible way providing access through a block that is restricted to pedestrian use and limited vehicular access.
      DISPOSITION. See BUILDING DISPOSITION.
      DOORYARD FRONTAGE. A type of private frontage with a shallow setback, and a front garden or a patio, usually with a low wall or a hedge at the frontage line (Variant: LIGHTWELL, LIGHT COURT).
      DRIVEWAY. A vehicular lane within a lot, often leading to a garage.
      ELEVATION. See BUILDING ELEVATION.
      ENCROACH. To break the plane of a vertical or a horizontal regulatory limit with a structural element, so that it extends into a setback or extends into the public frontage or above a height limit.
      ENCROACHMENT. Any structural element that encroaches.
      ENFRONT. To place an element along a frontage.
      FACADE. See BUILDING FACADE.
      FENCE. A permeable metal or a wooden wall, independent of a building, located along a frontage line.
      FIRST LOT LAYER. The area of a lot that is comprised of the distance between the frontage line and the required setback including the private frontage.
      FORECOURT FRONTAGE. A type of private frontage wherein a portion of the building facade is close to the frontage line and the central portion is set back.
      FRONT SETBACK. The distance that is from the frontage line to the point where a principal building may be constructed. This area must be maintained clear of permanent structures with the exception of encroachments.
      FRONTAGE. The area between a building facade and the vehicular lanes, and it is inclusive of its built and its planted components. The frontage is divided into the private frontage and the public frontage.
      FRONTAGE BUILDOUT. The percentage of the lot width that is occupied by the building facade within the first lot layer.
      FRONTAGE LINE. A lot line bordering a public frontage. Building facades facing the frontage lines define the public realm and are therefore more regulated than the building elevations facing the other lot lines.
      GALLERY FRONTAGE. A type of private frontage wherein the building facade is aligned close to the frontage line with either an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk.
      GLAZING. The transparent area of a building facade.
      GREEN. A civic space available for unstructured recreation, and spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees all naturalistically disposed.
      GREEN ROOF. A layer of vegetation that is planted over a waterproof membrane. Additional features of a green roof include support for irrigation and some type of root management.
      HEIGHT. See BUILDING HEIGHT.
      INTENSITY. The magnitude of development that is permitted within a standard measure of land area.
      INTERCOLUMNIATION. The distance between two columns.
      LAYER. See LOT LAYER.
      LINER BUILDING. A building that is specifically designed to mask a parking lot or a parking structure from a frontage.
      LIVE-WORK UNIT. A mixed use unit consisting of a commercial and a residential function. The commercial function is restricted to the ground floor and the residential function may be behind or above. It is intended to be occupied by a business operator who lives in the same structure that contains the commercial activity or industry.
      LOADING DOCK. An area in which goods and products are moved on and off a vehicle, and including the stall or berth, apron, and maneuvering room.
      LODGING. A type of building function available for the daily and weekly renting of bedrooms.
      LOT. A parcel of land accommodating a building or buildings.
      LOT COVERAGE. The percentage of a lot that is covered by buildings and other roofed structures and paved areas.
      LOT LAYER. A range of depth of within a lot in which there are certain elements permitted.
      LOT LINE. The boundary that legally and geometrically demarcates a lot.
      LOT WIDTH. The length of the principal frontage line of a lot.
      MANUFACTURING. Premises available for the creation, the assemblage, and / or the repair of artifacts, using only table-mounted electrical machinery or artisanal equipment, and including their retail sale.
      MIXED-USE. Multiple functions that are within the same building either through superimposition or adjacency or in multiple buildings by adjacency.
      MOBILE FOOD VENDOR. A person or a business selling foods other than fresh fruits or vegetables from a mobile food vehicle, a mobile food cart, or a food stand.
      MOBILE FOOD VENDOR PARK. A permanent location for four or more mobile food vehicles. Such sites shall include required infrastructure and public seating for all vehicles serving in the park.
      MULTI-FAMILY RESIDENTIAL UNIT. A residential unit sharing a building and a lot with other units and / or uses; and may either be for rent, or for sale as a condominium.
      MURAL. Any piece of artwork that is painted, tiled, or otherwise applied directly on an exterior wall.
      NON-CONFORMITY. Any existing function, structure, or site improvement that is in compliance with the zoning regulations that were applicable to it when it was established, and for which all the required permits were issued, but which does not conform either in whole or in part to the specific rules and regulations of this section. Such non-conformity is legal and may continue except as regulated by this section.
      OFFICE. Characterizing premises available for transaction of general business, but excluding retail, manufacturing, and artisanal uses.
      OTHER BUILDING FUNCTION. Any building function other than residential.
      OUTBUILDING. An accessory building, that is usually located toward the rear of the same lot as a principal building.
      PARK. A civic space that is designed as a natural preserve and that is available for unstructured recreation. Its landscape shall consist of paths and trails, meadows, waterbodies, woodlands, and open shelters, all naturalistically disposed.
      PARKING LOT. An area, other than a thoroughfare or an alley, that is dedicated to unenclosed parking spaces for motorized vehicles.
      PARKING STRUCTURE. A building containing one or more stories of vehicular parking above or below grade.
      PARKWAY. The portion of the thoroughfare that accommodates street trees and other landscape.
      PASSAGE. See CROSS-BLOCK PASSAGE.
      PIER. A solid support designed to sustain vertical pressure.
      PLAYGROUND. A civic space designed and equipped for recreation of children. A playground shall be fenced, and it may include an open shelter.
      PORCH. An open-air room that is appended to a building, with floor and roof but no walls on the sides facing frontages.
      PRINCIPAL BUILDING. The main building on a lot, and is usually located toward the frontage.
      PRINCIPAL ENTRANCE. The main point of access for pedestrians into a building.
      PRINCIPAL FRONTAGE. The private frontage designated to bear the lot address, the principal entrance into the building, and the measure of minimum lot width (See FRONTAGE).
      PRIVATE FRONTAGE. The privately held lot layer between the frontage line and the principal building facade.
      PUBLIC FRONTAGE. The area between the curb of the vehicular lanes and the frontage line.
      REAR SETBACK. The distance that is from the rear lot line to the point where a building may be constructed on a lot. This area must be maintained clear of permanent structures with the exception of encroachments.
      REGIONAL CENTER DEVELOPMENT. A high intensity mixed-use center.
      REGULATING PLAN. A zoning map or a set of maps that show the thoroughfare assignments, the transect zones, and the civic spaces of areas subject to, or potentially subject to, regulation by this section.
      REQUIRED PARKING. The number of parking spaces required to accommodate a building or buildings that are on a single lot according to the intensity of their function.
      RESIDENTIAL. Premises available for long-term human dwelling.
      RETAIL. Characterizing premises available for the sale of merchandise and food service.
      ROW HOUSE. A single-family residential unit sharing a party wall with another of the same type and that occupies the full frontage line (Synonym: TOWNHOUSE.)
      SECONDARY FRONTAGE. On corner lots, the private frontage not designated as the principal frontage. As it affects the public realm, its first lot layer is regulated.
      SECOND LOT LAYER. That portion of the lot behind the first lot layer and which includes that portion of the building which enfronts the thoroughfare.
      SERVICE AREA. The portion of a property or a building exclusively dedicated to service in the form of shipping and receiving, trash and recycling collection and storage, housing of mechanical equipment, and outdoor storage areas.
      SETBACK. The area of a lot measured from the lot line to a building facade or to a building elevation that is maintained clear of permanent structures, with the exception of encroachments (Variant: BUILD-TO-LINE).
      SHOPFRONT FRONTAGE. A type of private frontage most conventional for retail use, with substantial glazing, wherein the building facade is aligned close to the frontage line with the building entrance at sidewalk grade.
      SIDEWALK. The paved section of a public frontage that is dedicated exclusively to pedestrian activity (Synonym: WALKWAY).
      SIGN BAND. A wall area of a non-residential building built along the entire width of a principal frontage or a secondary frontage, allocated for the placement of a sign above a shopfront or at the cornice.
      SQUARE. A civic space designed for unstructured recreation and civic purposes, spatially defined by building frontages, and consisting of paths, lawns, and trees, formally disposed.
      STOOP FRONTAGE. A type of private frontage, most conventional for residential use, wherein the building facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and a landing at the entrance.
      STORY. A habitable level within a building by which height is measured, but excluding an attic or a raised basement.
      STREETSCREEN. A freestanding wall built along the frontage line, or co-planar with a building facade (Synonym: STREETWALL).
      TERMINATED VISTA. A location at the axial conclusion of a thoroughfare.
      TERRACE FRONTAGE. A type of private frontage wherein the building facade is set back from the frontage line by an elevated terrace or a sunken lightwell. This type buffers residential use from urban sidewalks and it also removes the private yard from public encroachment (Synonym: LIGHTWELL).
      THIRD LOT LAYER. That portion of the lot that is not within the first and second lot layer and is least visible from the thoroughfare.
      THOROUGHFARE. A way for use by vehicular traffic and pedestrian traffic and to provide access to lots and civic spaces, consisting of vehicular lanes and the public frontage.
      VARIANCE. A ruling that would permit a practice that is inconsistent with either a specific provision or the intent of this section.
      WARRANT. A ruling that would permit a practice that is not consistent with a specific provision of this section but is justified by its intent.
      WINDOW SIGN. A logo inscribed on the storefront glass.
   Diagram 1. Transect Zone Descriptions
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(Ord. OR-2262-22, passed 6-27-22; Am. Ord. OR-2277-22, passed 10-24-22; Am. Ord. OR-2357-24, passed 4-8-24)