1.   Promote the sound and orderly restoration, preservation, rehabilitation. and conservation of historic properties and areas;

      2.   Increase and stabilize property values of property within the City and strengthen the overall economy;

      3.   Protect, safeguard and conserve the heritage of the City;

      4.   Promote and preserve any individual property or area that embodies important elements of the City's social, economic, political or architectural history for the education, pleasure and enrichment of citizens;

      6.   Contribute to the enrichment of the culture and welfare of the City.

         a.   The proposed boundaries of a proposed or amended historic district.

         b.   The significance of the buildings, structures, features, sites or surroundings included in any proposed or amended district.

         c.   Consistent with G.S. § 160D-944, any historic district proposed shall only consist of areas deemed of special significance in terms of their history, architecture, or culture and to possess integrity of design, setting, materials, feeling, and association.

         a.   Site features and plants;

         b.   Public rights of way;

         c.   Fences and walls;

         d.   Walkways, driveways and off-street parking;

         e.   Exterior lighting;

         f.   Signage;

         g.   Garages and accessory structures;

         h.   Cemeteries;

         i.   Building exteriors and materials;

         j.   Exterior walls;

         k.   Windows and doors;

         l.   Roofs;

         m.   Porches. entrances, patios. decks and balconies;

         n.   Sustainability, utilities and energy retrofit;

         o.   Accessibility, health and safety considerations;

         p.   Additions and new construction; and

         q.   Relocation and demolition.

         a.   If the report provided by the Union County Urban Forester determined the tree was diseased or infested, or posed an imminent hazard to persons or property, the following penalties are waived.

         b.   If the report cannot determine the tree was diseased or infested, or posed an imminent hazard to persons or property, the penalties will not be waived (for example, if the stump is removed and there is no documentation of the above issues through the use of photographs or other materials to show the DBH measurement).

         c.   If the DBH cannot be determined after the fact, (through the use of documentation such a photographs to show the DBH measurement), the maximum penalty below shall apply.

 

 

         a.   If the Planning Director finds that any provision of this chapter is being violated, he/she shall send a written notice to the person responsible for such tree removal violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Planning Director's discretion. Penalties shall be paid within ten (10) days of receipt of written notice.

         b.   The final written notice and the initial written notice (which may be the same) shall state the penalty incurred and requirements for remedying the violation, such as tree replacement. Supporting documentation shall be sent with this notice. The Planning Director's decision may be appealed utilizing the process outlined in section 3.4.11: Appeals. Per G.S. § 160A-175, the city may recover unpaid civil penalties in the nature of debt.

         a.   The Planning Director or designee, in writing, may waive some or all requirements of this sub-section for a reasonable time due to an emergency such as a hurricane, tornado, windstorm, tropical storm, flood, or other natural disaster.

         b.   The Planning Director or their designee may authorize removal of a tree without a required permit if it is determined to be in a hazardous condition that may:

            i.   Immediately endanger the public health, safety, or welfare; or

            ii.   Cause an immediate disruption of public services.

         c.   Utility trimming is recognized to be an important component to maintain utility service. Tree removal due to utilities is still subject to the standards above; however, trimming is exempt with proper approval from the Planning Director or their designee. Utility trimming should be done in a manner that preserves the existing tree canopy of the district; topping of trees shall not be conducted on district trees. Utility firms are responsible for contacting the Planning and Development Department before beginning work to determine where the district boundary is.

(Am. Ord. O-2024-17, passed 4-9-24)

   A.   Purpose. The Airport Overlay (AO) district is intended to protect the airspace around and near the Charlotte-Monroe Executive Airport (“Airport”) from the encroachment of in-compatible land uses, which present hazards to users of the Airport as well as to persons residing or working in the Airport vicinity. It is the intent of this section to restrain influences, which are averse to the airport property and safe conduct of aircraft. This section is designed to prevent the creation of conditions hazardous to Airport operation, to prevent conflict with land development, which may result in loss of life and property and to encourage development that is compatible with the Airport uses characteristics within the intent and purpose of zoning. To this end, AO district designation, when overlaid onto a basic zoning district classification, is intended to coordinate the purpose and intent of this section with other regulations in the UDO. This section is intended to conform with Federal Regulation 14 CFR Part 77-Safe, Efficient Use, and Preservation of the Navigable Airspace.

   B.   Applicability. The AO district applies to designated land in the vicinity of the Airport. The AO designation specifically applies to the administration and enforcement of the areas surrounding the Airport by regulating or restricting the height and location of where structures and trees may be erected or allowed to grow.

   C.   Definitions. For the purposes of this section, the following terms are generally defined. All other technical terms used in this section will be as defined in Federal Regulation 14 CFR Part 77.

      1.   Airport. The Charlotte-Monroe Executive Airport.

      2.   Airport Elevation. The highest point of the Airport’s useable landing area measured in feet above mean sea level (682.6 feet surveyed).

      3.   Height. Value used in determining the impact of an obstruction.

      4.   Nonconformity. Any structure, object of natural growth, or use of land, which is inconsistent with the provisions of this UDO or any amendment thereto existing prior to the effective date of this section.

      5.   Obstruction. Any structure, either human-made or of natural growth, including a mobile object, which exceeds a limiting height set forth in this section.

      6.   Zoning Administrator. The City of Monroe’s Director of Planning and Development.

   D.   Airport Zones. In order to carry out the provisions of this section, all appropriate surfaces (and land underneath said surfaces) defined in Federal Regulation 14 CFR Part 77 are hereby incorporated by reference and applied to the Airport. Such surfaces are depicted in Figure 1.

   E.   Airport Zone Height Limitations. No structure shall be erected, altered or maintained, and no trees shall be allowed to grow, in any zone created by this section, to a height which projects above the upper surface of any such zone. An obstruction located in more than one zone is considered to be only in the zone with the more restrictive height limitation. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height of up to 100 feet above the surface of the land.

   F.   Use Restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the Airport and aircraft, make it difficult for pilots to distinguish between the Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the Airport.

   G.   Nonconformity. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any nonconformity, or otherwise interfere with the continuance of a nonconformity. Nothing contained in this section shall require any change in the construction, alteration or intended use of any nonconformity, the construction or alteration of which was begun prior to the effective date of this section and is diligently being pursued. No permit provided for in section I may be issued if it would allow the establishment or creation of an obstruction, or allow a nonconformity to become a greater hazard to air navigation than it was on the effective date of this section, or any amendments thereto, or than it is when the application for a permit is made. Whenever the Zoning Administrator determines that a nonconformity has been abandoned or is physically deteriorated or decayed, no permit provided for in section k may be issued if doing so would allow the nonconformity to exceed the applicable height limit or otherwise deviate from the regulations of this section. Notwithstanding this section, and if specified in a Federal Aviation Administration (FAA) Notice of Determination, the owner of any existing nonconformity shall install, operate and maintain markers or lights pursuant to the standards described in FAA Advisory Circular 70-7460-1L indicating to aircraft operators in the vicinity of the Airport the presence of an obstruction.

   H.   Permits. Except as specifically provided in (1), (2), and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in the AO district unless a permit therefore is first issued. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to allow the City to determine whether the use, structure or tree would conform to the Federal Regulations referenced in this section and include the proper documentation as determined by the City. No permit for a use inconsistent with the provisions of this section may be issued unless a variance has been approved in accordance with subsection I (variances) below.

      1.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

      2.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for such approach zones.

      3.   In areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 100 feet above the ground, except when, such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limits prescribed for such transition zones.

      4.   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration of any structure, or growth of any tree in excess of any of the height limits established by this section.

   I.   Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in compliance with the regulations prescribed in this section may apply to the Board of Adjustment (BOA) for a variance from such regulations. The application for a variance shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief, if granted, will not be contrary to the public interest, will not create hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for a variance to the requirements of this section may be considered by the BOA unless a copy of the application, along with the FAA Notice of Determination, has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond within 30 days after receipt, the BOA may act on its own to grant or deny said application.

   J.   Obstruction Marking and Lighting. Any permit or variance granted pursuant to this section may, if such action is deemed advisable to effectuate the purpose of this section, and reasonable in light of the circumstances, be conditioned to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary to comply with the standards described in FAA Advisory Circular 70-7460-1L.

   K.   Enforcement. It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this section. Applications for permits and variances shall be made to the Zoning Administrator upon a form published for that purpose. Applications required by this section to be submitted to the Zoning Administrator shall be promptly considered by the Zoning Administrator or the BOA.

   L.   Sanitary Landfill. Various studies and observations have concluded that sanitary landfills typically attract wildlife, specifically birds, which can create potential hazards to aircraft operations near airports, particularly during takeoff and landing. In order to mitigate this hazard, the following regulations shall apply with regard to location of landfills:

      1.   No landfill shall be located within 10,000 feet from a runway of the Airport.

      2.   Landfills located further than 10,000 feet, but within five miles of a runway of the Airport will be reviewed on a case-by-case basis by the Airport Manager, in coordination with the Zoning Administrator. If, in the opinion of the Airport Manager, the landfill poses a threat to safe aircraft operations, then the landfill shall be considered an incompatible land use, and shall not be allowed on the property where it is deemed to pose such a threat.

   M.   Conflicts. In the event of conflict between any AO district regulation in this section and any other UDO regulation applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

   A.   Generally. As established on the City’s official zoning map, the Winchester Overlay District shall contain special requirements for development.

   B.   Requirements.

      1.   The construction or renovation as proposed and designed fulfills the intent of the City of Monroe Code of Ordinances.

      2.   The construction or renovation as proposed shall adhere to the strategies and objectives outlined in the Forward Monroe Plan.

      3.   All principal developments shall schedule a pre-application review before applying for any site and development or construction permit with the planning department. The planning department shall meet with the applicant to ensure compatibility with the neighborhood is met.

      4.   Single-Family detached only.

      5.   Minimum setbacks (feet):

         a.   Street setback - 20.

         b.   Side setback - 5.

         c.   Rear setback - 10.

      6.   Maximum lot coverage is 70 percent.

      7.   Maximum building height is 25 feet or no greater than 1.5 stories.

      8.   Accessory uses-accessory uses shall be incidental to size and impact to the principal use they serve. In no instance shall an accessory structure have a floor area exceeding 50 percent of the principal use it serves. Accessory structures (except fences, walls or facilities associated with outdoor dining shall not be located between the front of the principal use and the front line.

      9.   Mobile homes shall not be permitted.

   A.   Generally. The purpose of the CA-O District is to implement the relevant goals and recommendations of the Concord Avenue Master Plan adopted by the City on November 3, 2015 (with an effective date of May 2, 2017). The intent of the Concord Avenue Master Plan and the CA-O district is to:

      1.   Improve safety and aesthetics in the Concord Avenue area identified in the Concord Avenue Master Plan;

      2.   Promote private investment and beneficial redevelopment of the Concord Avenue area;

      3.   Create a suitable environment for compact, pedestrian-oriented, mixed-use development where business, office, retail, and residential uses are located in close proximity one another;

      4.   Provide greater residential housing choice, affordability, and diversity with varying housing designs and densities;

      5.   Strengthen the City’s economic base and provide employment and shopping opportunities close to home for City residents;

      6.   Provide a clear and predictable set of standards and review procedures for development in the district.

   B.   Applicability. Except where exempted in 6.3.2.1.C, Exemptions, or modified in accordance with 6.3.2.1.G, Modification of District Standards, the standards in this Section apply to all land and development located within the CA-O District boundary. Land included in the CA-O District shall retain its base zoning district designation in place upon the effective date of these standards, but the CA-O District standards shall supersede all applicable base zoning district standards. Development subject to this Section shall be reviewed for compliance with these standards as part of the review of a site plan, subdivision plat, or zoning permit, building permit, as appropriate. Amendments to an approved application shall be processed in the same fashion as the original approval.

   C.   Exemptions. The following forms of development are exempted from the standards in this Section:

      1.   Minor additions to lawfully-established buildings that existed on April 4, 2017. For the purposes of this Section, MINOR ADDITIONS are defined as increases in the amount of building floor area on a lot of up to 25 percent beyond what existed on April 4, 2017.

      3.   Changes from one conforming principal use to another conforming principal use with no minor additions or minor renovations are exempted from the standards in 6.3.2.2: CA-O Dimensional Standards, but shall comply with the development standards in elsewhere in this Section, to the maximum extent practicable.

      4.   Development additions or renovations that exceed the definition of “minor” shall comply with all applicable CA-O District standards.

   D.   Conflicts. Conflicts between the standards in this Section and other laws or adopted plans in effect are addressed in the following ways:

      1.   In cases of conflict between the standards in this Section and the Concord Avenue Master Plan, the Concord Avenue Master Plan shall control;

      2.   In cases of conflict between the standards in this Section and the standards of the applicable base zoning district, the standards in this Section shall control; and

      3.   In cases where the standards of this Section conflict with standards in the City’s Code of Ordinances, the standards in this Section shall control.

   E.   Area. The following portions of the Concord Avenue Master Plan are hereby adopted and incorporated by reference into the CA-O District standards:

      1.   The study area boundary which identifies the CA-O District boundary;

      2.   The land use program, which identifies the general range of allowable uses (but not the required locations of uses) in the CA-O District; and

      3.   The Comprehensive Master Plan which identifies the street patterns and general guidance for site configuration in the CA-O District.

   F.   Modifications to CA-O District Boundary. Applications to expand, modify, remove, or revise the CA-O District boundary may only be filed by the City’s Planning Board or City Council.

      1.   Applications to modify a sub-district boundary in the CA-O District maybe submitted by anyone authorized to file an application to amend the Official Zoning Map and shall be reviewed and decided in accordance with Section 3.4.6. of this UDO, and the adopted Concord Avenue Master Plan. Lots intended for designation to a new sub-district shall comply with the applicable minimum dimensional requirements in 6.3.2.2: CA-O Dimensional Standards, in the CA-O District.

      2.   In no instance shall an amendment to establish a conditional zoning district or planned unit development within the area subject to the CA-O standards include conditions that seek to waive or reduce the requirements of the CA-O District.

      3.   In the event a roadway or other feature that serves as a boundary of the CA-O district is moved or otherwise relocated, the CA-O district boundary and corresponding sub-district boundaries shall likewise be moved or relocated.

   G.   Modifications to CA-O District Standards. Minor modifications or deviations of up to 10 percent of any numerical requirement applicable in the CA-O District may be approved by the Director if the Director determines that:

      1.   The modification is consistent with the character of development on surrounding land, and results in development that is compatible with surrounding land uses;

      2.   The modification compensates for some unusual aspect of the site or the proposed development that is not shared by landowners in general or supports an objective or goal from the purpose and intent statements of the zoning district where it is located;

      3.   The modification will not pose a danger to the public health or safety;

      4.   Any adverse impacts resulting from the modification will be fully mitigated; and

      5.   The district standard being modified is not the subject of a previously approved zoning condition or variance on the same site.

      6.   A modification shall be reviewed and decided prior to the other applications with which it is submitted. for example, if a modification request is submitted in conjunction with a site plan application, the modification shall be reviewed and decided prior to the approval of the site plan application.

   H.   Permissible Use Table.

      1.   Permissible Uses. The permissible uses in the CA-O District are provided in Table 6.3.2.1. Permissible Uses Table, which sets out the range of use types allowed in the CA-O District regardless of the base zoning district designation. Uses with a “p” are allowed in a sub-district with the approval of a zoning permit. Principal uses that are not listed in the table shall require approval of a special use permit in accordance with Section 7 of the UDO.

      2.   Prohibited Uses. If the table does not include a “P” in the cell, the use is not permitted.

 

 

 

   A.   Principal Uses. Table 6.3.2.2: CA-O Dimensional Standards, establishes the dimensional standards applicable in each sub-district of the CA-O regardless of the base zoning district designation.

   B.   Accessory Uses. Accessory uses shall be incidental in size and impact to the principal use they serve. In no instance shall an accessory structure have a floor area exceeding 50 percent of the principal structure it serves, nor shall it have a height exceeding the principal use it serves. Accessory structures (except fences, walls, or facilities associated with outdoor dining) shall not be located between the front of the principal use and the front lot line.

 

   A.   Off-street Parking Requirements.

      1.   Amount. All new development and redevelopment in the CA-O District shall ensure adequate off-street parking is provided in accordance with the standards in Table 6.3.2.3, Minimum Parking Requirements below.

      2.   Uses not listed. For uses that do not correspond to those listed in the Permissible Uses Table for the CA-O (Table 6.3.2.1), the Director shall determine the minimum off-street parking requirements based on all information necessary to determine the uses’ parking needs to be provided by the applicant.

 

      3.   Credit for On-Street Parking Spaces. Non-residential and mixed-use development may use on-street spaces to meet the minimum off-street parking requirements provided the on-street spaces are within 50 linear feet of the entrance and the on-street spaces are not reserved for loading or handicapped parking.

      4.   Parking Configuration. Off-street parking areas shall be configured in accordance with Section 6.4, Vehicle Accommodation Area Surfaces of this UDO.

      5.   Shared Parking. Sharing of required off-street parking spaces is permitted in accordance with the UDO, provided all parties seeking to share parking spaces have executed and recorded a shared parking agreement that specifies the rights and responsibilities of all parties involved.

      6.   Off-Site Parking. Off-site parking maybe permitted with 1,000 linear feet of the use to be served, provided there is improved pedestrian access between the parking area and the use to be served, and provided the off-site parking area is located on a lot in sub-districts B, C, or D.

      7.   Bicycle Parking. Mixed-use, multifamily, and non-residential uses shall provide on-site bicycle parking facilities at a rate of one bicycle parking space for every 30 dwelling units or 5,000 square feet of non-residential floor area.

      8.   Parking Location. Except for single family detached dwellings, which are not subject to parking location requirements, buildings of two or more stories may have up to one bay of parking spaces and the associated access aisle between the building front and the street it faces. Off-street parking spaces shall not be located between a single-story building facade and the street it faces.

      9.   Cross Access. Off-street parking lots of 24 or more parking spaces shall be configured, to the maximum extent practicable, to conned to adjacent off-street parking lots in a manner that allows vehicles to move from one lot to an adjacent lot without use of a public street. Cross accessways shall maintain a minimum width of 12 feet for one-way drives and 24 feet for two-way drives.

   A.   Required Types. Except for single family detached and duplex dwellings, all new development and redevelopment in the CA-O District shall provide parking lot screening, perimeter buffers, and street trees in accordance with these standards.

   B.   Parking Lot Screening. Where surface off-street parking lots abut public streets, the parking lot shall be screened by a row of evergreen shrubs, a fence or wall of 36 inches In height, or a combination of these features. The area devoted to screening shall be at least five feet in width, and shall be located to minimize the appearance of parked automobiles from the adjacent street right-of-way.

   C.   Perimeter Buffers. Perimeter buffers of at least 15 feet in width comprised of two canopy trees, three understory trees, and 20 evergreen shrubs shall be provided by mixed-use, multifamily, single family attached, and non-residential development every 100feet along lot lines shared with a lot containing a single family detached dwelling.

   D.   Street Trees. Street trees shall be provided every 40 feet on-center along both sides of all streets (except alleys) and shall be located between the sidewalk and the street edge. In cases where no sidewalk is present, street trees shall be located within five feet of the edge of pavement. In cases where the sidewalk extends to the curb, street trees shall be placed in tree pits of at least 25 square feet each. Street trees shall be deciduous canopy trees, except when underneath overhead utilities, when deciduous understory trees at the same on-center spacing shall be used.

   E.   Landscaping Configuration. Required landscaping (including fences and walls) shall be configured in accordance with Section 6.2, Design and Maintenance Standards and Sizes of this UDO.

   A.   Where Required. Except for single family detached and duplex dwellings, all new development in the CA-O (including residential subdivisions of four or more lots) shall provide private common open space in accordance with these standards.

   B.   Amount. New non-residential and mixed-use development shall provide private common open space at a rate comparable to at least 10 percent of the gross floor area of the development. New residential subdivisions of four or more lots shall provide centrally-located private common open space at a rate of 435 square feet per dwelling unit.

   C.   Configuration. Private common open space is land area that is devoted to recreation or gathering. It shall include land area or facilities capable of supporting recreation, public gathering, outdoor dining, and similar activities. Trails, plazas, and sidewalk areas that exceed minimum sidewalk width requirements shall be credited towards open space requirements. In the case of residential subdivisions, the private common open space shall be owned and managed by a homeowner’s association and shall be improved with walking paths or recreation amenities.

   A.   Lighting Plan. New development shall provide a lighting plan that identifies the type, location, height, and intensity (in watts, lumens, nits, or other comparable standard) of proposed exterior lighting in order to demonstrate how proposed development will comply with these standards.

   B.   Maximum Illumination. Exterior lighting shall be designed and located such that the maximum illumination at the lot line from new development shall not exceed the maximum illumination value, shown in Table 6.3.2.6.1.

 

 

   C.   Parking Lot Illumination. Surface parking lots and parking structures shall be configured to provide a minimum illumination level of at least 0.5 foot candles throughout the parking and access areas.

   D.   Shielding. Exterior lighting fixtures shall be configured such that the bulb or source of illumination is not visible from grade level of adjacent lots or street rights-of-way.

   E.   Maximum Fixture Height. Except for outdoor recreation uses (like tennis courts) the maximum height of exterior lighting, whether mounted on polls, walls, or by other means, shall not exceed 24 feet above grade.

   F.   Private Streets. Private streets shall be treated as public streets with respect to all street lighting provisions.

   G.   Screening. Dumpsters, refuse collection and recycling facilities, service and loading areas, and ground-based mechanical equipment shall be located and screened in accordance with Sections 6.2 and 6.5 of this UDO.

   A.   Sign Permit Required. All signage shall obtain a sign permit in accordance with the Section 8.2: Signs of this UDO.

   B.   Prohibited Signs. Any form of signage identified as prohibited within Section 8.2: Signs of the UDO, shall be prohibited in the CA-O District.

   C.   Standards. Signage in the CA-O District shall be configured in accordance with Table 6.3.2.7, Signage Standards in the CA-O District. Each lot may include one or more sign types from each of the four categories.

 

   D.   Flags. Flags and flag poles shall be permitted subject to Section 8.2.7, Exempt Signs.

   E.   Nonconforming Signs. Existing signs that do not conform to the standards in this Section shall be subject to Section 8.2.3, Nonconforming Signs.

   A.   Non-residential and Mixed-Use Development. Non-residential and mixed-use development shall comply with Section 8.7: Design Standards of this UDO.

   B.   Multifamily Development.

      1.   Building Orientation. Buildings around the perimeter of a development shall be oriented to the street they front, not towards internal features like parking areas.

      2.   Building Placement. Buildings in a multifamily development shall be located at least ten feet from other buildings and parking areas in the development.

      3.   Building length. Unless located parallel to and within 20 feet of a street right-of-way, the maximum building length shall not exceed 100linear feet.

      4.   Facade Articulation. Street-facing building facades shall include wall offsets (recesses or projections) of at least two feet located every 30 feet along the facade wall.

      5.   Visual Interest. Each building facade facing a street shall include at least three of the following nine features:

         a.   A central covered porch;

         b.   Dormer windows or a cupola(s);

         c.   Pillars, posts, or pilasters;

         d.   Bay windows along the facade with a 12-inch projection;

         e.   Window trim with a minimum width of four inches;

         f.   Raised, corniced parapets over the doors;

         g.   Eaves of four feet in depth;

         h.   Integral planters that incorporating plantings or seating, or

         i.   Up to one unlisted feature approved by the Director.

      6.   Roof Form. Development shall include a pitched roof of at least 4: 12 or a flat roof with a corniced parapet.

      7.   Roof-Mounted Equipment. All roof-mounted vents, pipes, antennas, roof penetrations, of mechanical equipment shall be fully screened by a parapet wall, located to the rear elevation, or otherwise camouflaged to minimize the visual impact from the street, to the maximum extent practicable.

      8.   Garage Placement. Garage doors or entrances, whether for multiple or individual units, shall be located to the rear of the structure they serve.

      9.   Pedestrian Connection. All buildings and recreational facilities within a multifamily development shall be connected via a paved, all-weather pedestrian access of at least 4 feet in width.

   A.   Streets. All streets in the development shall be configured in accordance with Figure 6.3.2.9, CA-O District Rights-of-Way, and the following:

      1.   Dedication required. New development or redevelopment in the CA-O District (including site plans and subdivisions) shall dedicate the right-of-way as identified in CA-O Districts Rights-of-Way, and all applicable City policy documents. Exact street locations may deviate from those shown as determined by the City Engineering Department.

      2.   Construction. New development in the CA-O District shall construct the street improvements identified in the Concord Avenue Master Plan and CA-O District Rights-of-Way, Figure 6.3.2.9, that border or transect lots included in the development.

      3.   Curb and gutter. All streets in the CA-O District shall be served by curb and gutter configured in accordance with city standards.

      4.   Access. In cases where two or more lots are consolidated as part of development or redevelopment, exiting street access shall be consolidated to the maximum extent practicable. In no instance shall an individual parcel be served by more than three accessways.

      5.   Speed control devices. Speed bumps, speed humps, speed tables, and similar devices are prohibited on public streets in the CA-O District.

      6.   Sidewalks. Sidewalks shall be provided on both sides of all streets (except alleys) and shall be configured in accordance with City standards. Lots fronting Kerr Street shall provide sidewalks with a minimum width of ten feet that are configured to include a four-foot-wide clear zone adjacent to building walls to facilitate pedestrian movement along the street.

      7.   Bike lanes. Shared bicycle lanes shall be provided as part of any required roadway improvements along Concord Avenue and Skyway Drive.

      8.   Utilities. All new utilities shall be placed underground.

   A.   In-lieu payments for construction of streets, sidewalks, bike lanes, or the provision of open space may be requested by an applicant as part of the initial development application, and shall be decided by the City Council following a recommendation by the Director and approval by the City Engineering Department.

   B.   Payment of in-lieu fees shall be based on an estimated cost of completing the installation, based on current contract unit prices, as approved by the Director.

   C.   Fees collected by the City in accordance with this Section shall be deposited in the appropriate fund and used solely for the construction of the appropriate feature(s) either on or abutting the site associated with the in-lieu payment. In the case of open space resources, open space facilities may be located anywhere within the CA-O District boundary.

   D.   In-lieu payments for features other than streets, sidewalks, bike lanes, or open space within the CA-O District are prohibited.

   A.   Generally. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the landowner.

   B.   Continuation. Nonconformities are allowed to continue in accordance with this Section, and are allowed to receive minor repairs and routine maintenance necessary to protect the health and safety of the public. No change in title or possession of a nonconformity shall prevent the continuation of the nonconformity.

   C.   Abandonment. If a nonconforming use or structure ceases operation for a continuous period of 90 days, and subsequent use or structure shall conform to the CA-O District requirements.

   D.   Casualty Damage. Except for single family detached dwellings, and nonconforming use or structure that is damaged in excess of 35 percent of the use or structure’s value (according to tax appraiser records) shall only be reestablished in accordance with the applicable CA-O District requirements. Single family detached dwellings may be reconstructed regardless of the extent of the damage, but shall be repaired or reconstructed in accordance with the CA-O District standards to the maximum extent practicable, as determined by the Director.

   E.   Expansion. Expansion or enlargement of a nonconforming use or structure is prohibited.

   F.   Nonconforming Lots. When two or more nonconforming lots are under common ownership and consolidation will aid in compliance with the dimensional requirements this Section, then the lots shall be combined prior to approval of any development application.

   G.   Nonconforming Signs. Maintenance or change of copy on a nonconforming sign is allowed, provided the replacement copy is the same or less nonconforming, but removal or replacement of nonconforming signage with new signage that does not meet the standards in the CA-O District is prohibited. Signs advertising a use or structure that has ceased operation for 90 continuous days or longer shall be considered nonconforming signs.