(a)

Purpose. The purpose of the CC, city center district is to encourage a mixture of residential, commercial, office, and civic uses in the city center area to enhance its function as the heart of the community. The district is designed to:

(1)

Provide a diversity of housing opportunities and land uses by encouraging a mix of medium- and high-density residential uses with commercial, entertainment, employment, and civic uses in vertical (uses located in separate structures) and horizontal (uses located in the same structure) mixed use areas;

(2)

Increase opportunities for residents to live in close proximity to jobs, nonresidential development and transit connections;

(3)

Provide for development that is conveniently and safely accessible by multiple travel modes including transit, walking, bicycling, and for people of all levels of mobility;

(4)

Require aesthetically pleasing building and site design through the use of high-quality building materials, landscaping and architectural design;

(5)

Encourage a sense of activity and liveliness along front building facades, public open spaces and sidewalks;

(6)

Provide parking in an efficient manner;

(7)

Provide public gathering spaces and green spaces;

(8)

Encourage appropriate transitions between higher-intensity uses within commercial and mixed use areas and adjacent lower-density residential districts;

(9)

Encourage sustainable design practices;

(10)

Create a unified district and implement the goals outlined in the New Hope City Center Vision, Comprehensive Plan and New Hope Design Guidelines.

(b)

Procedure. All developments, except for improvements to existing buildings, must be completed through the site plan review process, as outlined in §4-35 of the zoning code. The planned unit development (PUD) process can be applied, at the request of the property owner, to provide flexibility in the planning process as outlined in section 4-34 of this Code.

(c)

Design standards. In addition to the design and performance standards of the city zoning code, all development and redevelopment shall be consistent with the city comprehensive plan and the city design guidelines.

(d)

Uses, CC. The following table 4-17(d)-1 indicates permitted, conditional, temporary, and administrative uses in the CC district:

(1)

Administrative uses. Administrative uses listed in Table 4-17(d)-1 are also subject to the following administrative use provisions:

a.

Farmers' markets, festivals, and open/outdoor sales, seasonal products.

1.

Hours of operation shall be limited to the hours between 6:00 a.m. and 9:00 p.m.

2.

The site plan must clearly demonstrate that adequate parking for the proposed event can be provided for the permit's duration without reducing the parking requirements of the principal use below minimum parking standards of this Code.

3.

Signage for the sales operation may be counted separate from the maximum allowed for the principal use otherwise occupying the site. However, this waiver shall be limited to a maximum of two signs per site not to exceed a total combined area of 64 square feet of signage; and one sign per individual vendor at a site, not to exceed a total area of ten square feet of signage.

4.

Any use of an outdoor sound system in any connection with a farmers' market, festival shall not exceed fifty-five decibels at the property line.

5.

Farmers' markets, festivals and open/outdoor sales, seasonal products are otherwise subject to the detailed permit requirements of chapter 8 of this Code.

b.

Drive-through service lane. A drive-through service lane accessory to any permitted or conditionally permitted business or use shall be allowed only if the following additional criteria are satisfied:

1.

Stacking. Not less than 100 feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to 60 feet per lane. No part of the public street or boulevard may be used for stacking of automobiles. This amount may be adjusted, higher or lower, if peak average monthly volume for the business (or similar businesses) shows a need for a different amount of queuing spaces.

2.

Noise. Loudspeakers shall not exceed fifty-five decibels at property lines.

3.

Drive-up facilities shall be designed so that circulation and drive-up windows are not adjacent to sidewalks, outdoor dining spaces, parks, and public open space or between buildings and the street. In situations where drive-through lanes must be located between the building and the street, then additional screening and landscaping will be required.

4.

No more than two drive-through stations are permitted.

5.

Pedestrian crossings of drive-through lanes shall be clearly marked with crosswalk paint, signs, raised crosswalks, and other visual cues that alert drivers to the crossing. Likewise, signs and other visual cues shall be provided to alert pedestrians of the crossing.

c.

Home occupations, permitted, accessory per subsection 4-3(g)(3) of this Code.

d.

Outdoor dining.

1.

The applicant shall be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations.

2.

The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure for restaurants located in shopping centers, multiple tenant buildings or within a site with shared parking. Freestanding restaurants may exceed the 30 percent outdoor dining size restriction provided they meet the following provisions:

i.

The freestanding restaurant is located on its own lot and does not share parking with other businesses.

ii.

The maximum allowable size of the outdoor dining area shall be based on site meeting the city's parking requirement for restaurant dining and bar space for both the indoor and outdoor dining.

iii.

The outdoor dining area shall maintain a minimum setback of five feet from property lines abutting other commercial properties or public streets.

iv.

The outdoor dining areas shall maintain a minimum setback of 30 feet from property lines abutting a residential land use.

3.

The dining area is screened from view from adjacent residential uses in accordance with subsection 4-3(d)(3) of this Code.

4.

The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

i.

Outdoor dining areas be must be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods.

ii.

Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.

iii.

Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk.

5.

The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface.

6.

A minimum width of 36 inches shall be provided within aisles of the outdoor dining area.

7.

Outdoor furniture shall be stored inside or secured after normal operating hours. Any storage of furniture shall not be permitted on the patio between December 1 and February 28. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section.

8.

Additional off-street parking shall be required pursuant to the requirements set forth in subsection 4-17(f) of this Code based on the additional seating area provided by the outdoor dining area.

9.

Rooftop dining shall meet the following additional requirements:

i.

Provide permanent walls or fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety persons/property

ii.

Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in subsection 4-17(d) of this Code.

iii.

The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the city building inspector. The inspector will determine whether the building is structurally capable of handling the additional weight of persons and equipment.

(2)

Conditional uses. Conditional uses listed in Table 4-17(d)-1 are subject to the following conditional use permit provisions:

a.

Freestanding multi-family housing.

1.

Shall be located according to the Planning District 11 Land Use Map in the city comprehensive plan.

2.

Shall meet all other requirements of this Code and District 11 of the comprehensive plan.

b.

Live-work building. A building which contains a live-work unit, a single unit (e.g. studio, loft, one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident.

1.

Businesses that serve high walk-in customer volumes (including retail, recreation, restaurant, onsite service businesses, and entertainment) shall be located on the first floor for accessibility.

2.

Businesses consisting of offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing associated with fine arts, crafts, or personal services where customer service is on an appointment only basis, shall be located on upper floors or basements.

3.

The dwelling unit component shall maintain a separate entrance, however connections between living and working areas will be allowed.

4.

The business of the live-work unit must be conducted by a person who resides in the dwelling unit. The business shall not employ more than two workers on-site at any one time who live outside of the live-work unit. An exception to the aforementioned employee number will be granted for first floor businesses with a separate exterior customer entrance.

5.

All buildings that permit live-work units shall adopt rules to regulate their operations in order to ensure that live-work units function harmoniously with other living units within the building.

6.

The number of parking spaces for live-work buildings will be based on the square footage of both residential and commercial independently, and according to the requirements of Table 4-17(g)-1.

c.

PUD, residential. Residential planned unit developments and townhomes as regulated by subsection 4-34 of this Code.

d.

Group care facility. A state licensed facility serving seven or more persons.

1.

The entrance of the facility shall be located within 400 feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the city council.

e.

Senior/disabled housing. Senior housing provided that:

1.

Age limit. Within a senior housing facility, 80 percent of the dwelling units must be occupied by at least one person of the age of 55 years or older.

2.

Public transit. The site of the main entrance of the principal use is served or is located within 500 feet of regular transit service.

3.

Elevators. Elevator service is provided to each floor level.

4.

Recreation space. 20 percent of the gross lot area shall be maintained for passive or active recreational use, and this may be comprised of either indoor or outdoor recreational space.

5.

Location. If it is freestanding residential use, it shall meet the locational criteria outlined in Planning District 11 of the Comprehensive Plan.

f.

Daycare and adult daycare, commercial. A day care facility as defined in subsection 4-2(b)4 and/or an adult day care as defined in subsection 4-2(b) of this Code serving 13 or more people provided that:

1.

The design and location of the facility drop off area shall not interfere with internal site circulation.

2.

Off-street loading. The loading area size may be reduced or the requirement waived if the site cannot physically accommodate a loading berth to the size required. All deliveries must be received at times that will not conflict with customer or employee building access or peak parking demand.

3.

Recreation area. Areas for active or passive recreation shall be provided in compliance with the following requirements:

i.

Each facility shall provide a minimum of 1,500 square feet of recreation area and must have 75 square feet of recreation area per person within the recreation area at any given time. The recreation area may be reduced for adult day care if the applicant can demonstrate that limited client mobility warrants a reduction of the recreation area.

ii.

The recreation area shall be located in a side or rear yard, shall be subject to accessory building setbacks, and shall be fully enclosed and delineated via fencing and landscaping in accordance with subsection 4-3(d) of this Code.

iii.

No more than 75 percent of the recreation area shall be covered with an impervious surface. The surfacing material shall be subject to the approval of the city engineer. The remaining 25 percent of the recreation area shall be green space and shall be planted with grass or sod and landscaped.

g.

PUD, Commercial. Commercial planned unit development as regulated by section 4-34 of this Code.

1.

Recreational business. Recreational business facilities exceeding 10,000 square feet in area, provided that:

i.

Location. The site abuts a minor arterial street as defined in the city comprehensive plan.

ii.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall be similar to the existing buildings or areas and shall meet the architectural guidelines of the New Hope Design Guidelines.

2.

Health clubs. Health clubs exceeding 5,000 square feet in area, provided that:

i.

Location. The site abuts a minor arterial street as defined in the city comprehensive plan.

ii.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall be similar to the existing buildings or areas and shall meet the architectural guidelines of the New Hope Design Guidelines.

3.

Sports training centers. Sports training centers exceeding 5,000 square feet in area, provided that:

i.

Location. The site abuts a minor arterial street as defined in the city comprehensive plan.

ii.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall be similar to the existing buildings or areas and shall meet the architectural guidelines of the New Hope Design Guidelines.

4.

Trade schools. Trade schools exceeding 5,000 square feet in area, provided that:

i.

Location. The site abuts a minor arterial street as defined in the city comprehensive plan.

ii.

Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall be similar to the existing buildings or areas and shall meet the architectural guidelines of the New Hope Design Guidelines.

h.

Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement between adjoining lots or onto public streets.

i.

Theatre.

j.

Veterinary care.

1.

No boarding or kenneling of animals for longer than a period of 24 hours.

2.

All activity shall be within a completely enclosed building or tenant bay with sound proofing and odor control.

3.

Applicant shall provide a plan for waste disposal, for both animals and medical waste.

4.

Outdoor activities shall be prohibited in the city center district.

k.

Entertainment, live, as accessory to restaurant. Buildings shall be designed and constructed in a manner that sound proofs the building or tenant bay so that adjoining properties are not subject to nuisance, noise or vibrations.

l.

Brewery with taproom. Brewery with taproom as defined by section 4-2(b) of this Code provided that:

1.

The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity) from the State of Minnesota, according to Minn. Stat. § 340A.

2.

An ancillary brewer's taproom for the on-sale of malt liquor produced on-site shall require a brewery taproom license from the City of New Hope according to chapter 10 of this Code.

3.

Off-sale of malt liquor in the form of growlers shall require a brewery license for off-sale of malt liquor, according to chapter 10 of this Code.

4.

Total on-site production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewery shall annually submit production reports with the request to renew a brewery taproom or off-sale malt liquor license.

5.

The brewery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 4-3(f) of this Code. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

6.

Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

7.

No open outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

8.

No odors from the brewery may be perceptible beyond the property line.

9.

Buildings must meet all building and fire codes for the intended building occupancy. The building and site design shall meet the New Hope Design Guidelines and the performance standards of the New Hope Zoning Code.

10.

The proposed building shall demonstrate adequate parking per the New Hope zoning standards for all uses of the site per section 4-3(e) of this Code.

m.

Microdistillery cocktail room. Microdistillery cocktail room as defined by section 4-2(b) of this Code provided that:

1.

License. The owner of the microdistillery qualifies for and receives a microdistillery license from the State of Minnesota, according to Minn. Stat. § 340A.

2.

Microdistillery cocktail room—on-sale license. The owner of the microdistillery qualifies for and receives a microdistillery cocktail room—on-sale license from the City of New Hope according to chapter 10 of this Code.

3.

Off-sale of liquor produced in the microdistillery shall require a microdistillery license for off-sale of liquor according to chapter 10 of this Code.

4.

The microdistillery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 4-3(f) of this Code. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

5.

Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

6.

No open outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

7.

No odors from the microdistillery may be perceptible beyond the property line.

8.

Buildings must meet all Building and Fire Codes for the intended building occupancy. The building and site design shall meet the New Hope Design Guidelines and the performance standards of the New Hope Zoning Code.

9.

The proposed building shall demonstrate adequate parking per the New Hope zoning standards for all uses of the site per section 4-3(e) of this Code.

(e)

Bulk, building placement and dimensional standards. The following requirements set out in Table 4-17(e)-1 shall be observed in the CC zoning district, subject to additional requirements, exception and modification set forth in this Code:

(1)

Street Side Build-to Range.

a.

Existing buildings in the CC District are exempt from the build-to range requirement.

b.

Buildings on corner lots will meet the build-to range on both streets they abut.

c.

Buildings on internal lots will meet the build-to range of streets on which they have direct frontage.

d.

Patios, outdoor seating areas, or usable open space integrated with a building design may exempt a portion of the building from the build-to range, provided that a connection between public sidewalks and internal buildings, sidewalks, parking areas, or usable open space is provided.

(2)

Residential Density. The maximum residential density is 50 units per net acre. Maximum densities may be increased by up to 25 percent if two of the following amenities are provided and up to 50 percent if four or more of the following amenities are provided:

a.

At least 80 percent of the required parking is provided in under-ground or above-ground structures, including all levels of parking ramps.

b.

Housing is provided above ground floor commercial or civic uses and the total floor area of the housing is at least twice the floor area of the commercial and/or civic uses.

c.

Buildings are placed at or near the street right-of-way and off-street parking is screened from public right-of-way by buildings.

d.

At least 50 percent of the building ground coverage is concentrated in structures of four or more stories in height, thereby conserving open space within the development site.

e.

Durable exterior wall finishes consisting of glass, brick, stone or stucco on 80 percent of the wall face.

f.

Indoor recreation and social rooms equal to a minimum of 25 square feet per unit or 750 square feet total, whichever is greater.

g.

Rooftop outdoor recreational facilities such as swimming pools, porches, tennis courts, gardens or similar facilities equal to a minimum of 25 square feet per unit or 750 square feet total, whichever is greater.

h.

Transit service available within 300 feet of entrance.

i.

The site can provide parking per subsection 4-17(g) of this code to address the added density.

(3)

In cases of double frontage lots, buildings may choose the street, to which they apply the build-to range.

(4)

All above-ground utility structures associated with electric, natural gas, telecommunications, cable television distribution lines, pipes, conduits, or other public utilities shall be located behind the minimum setback unless otherwise approved as part of the site plan approval. This applies to air vents, utility boxes, and back-flow preventers.

(5)

Driveways may cross the street side setback, but shall be perpendicular to the street for pedestrian safety and to minimize the intrusion into any landscaped area.

(6)

Plazas, patios, outdoor dining or usable open space may encroach into required setbacks provided it does not encumber public or private sidewalks, streets, or parking areas.

(f)

Architectural standards.

(1)

Architectural design guidelines for the city center district have been incorporated into the New Hope Design Guidelines, Appendix E of the comprehensive plan, and shall be referenced in the course of future development or redevelopment in the CC district.

(2)

Alternative designs or materials. To encourage creativity, imagination, innovation, and variety in architectural design, the planning commission may recommend modifications of the requirements of the New Hope Design Guidelines and the city council may approve such modifications upon determining that the proposed architectural design or exterior facades materials meet all of the following conditions:

a.

The proposed design or material is consistent with the purposes of this section.

b.

The proposed design or material would enhance the architectural appearance of the building and would be equal or superior to designs or materials permitted by this section.

c.

The proposed design or material would be in harmony with the character of adjacent buildings and the surrounding district.

d.

Strict adherence to the requirements of this section would result in reduced functionality, operation, or safety of the site and/or building.

(g)

Vehicle and bicycle parking requirements. For purposes of this section, new uses within the CC district shall be required to meet the minimum/maximum parking spaces as shown in the following Table 4-17(g)-1. All square footage is measured as "gross footage."

(1)

The required/permitted number of parking spaces of any building within the CC District, including mixed-use buildings, shall be the sum total of the requirements for each use in the building.

(2)

Disabled parking shall be provided on the lot containing the principal building.

(3)

The parking maximums shall be applied to all projects, except a reduction down to the minimum parking ratio may be applied under the following circumstances, if one or more of the following is provided as shown in Table 4-17(g)-2:

(4)

Parking maximums may be exceeded under the following circumstances, if one or more of the following is provided as shown in Table 4-17(g)-3:

(5)

In no case shall the cumulative increase or decrease in parking exceed 25 percent.

(6)

The off-street parking dimensional standards shall conform to the general requirements for off-street parking located in subsection 4-3(e) of this Code.

(7)

No surface parking or maneuvering space shall be permitted within a required setback as outlined in subsection 4-3(e) of this Code or between the primary structure and the abutting street side lot line, except that driveways providing access to the parking area may be installed across these areas.

(8)

No surface parking shall be located on corner lots at the point of street intersections.

(9)

Parking and loading facilities, and all other areas upon which motor vehicles may be located fronting along a public street, public sidewalk or public pathway may be provided if the following standards are met:

a.

A landscaped yard at least seven feet wide shall be provided along the public street, sidewalk or pathway, except where a greater yard is required. If a parking facility contains over 100 parking spaces, the minimum required landscaped yard shall be increased to ten feet in width.

b.

Screening consisting of either a masonry wall, fence, or hedge, or combination thereof that forms a screen three feet in height and not less than 60 percent opaque shall be provided, except that where areas are devoted principally to the parking or loading of trucks or commercial vehicles of more than 15,000 pounds screening six feet in height and not less than 60 percent opaque shall be required.

c.

Not less than one tree shall be provided for each 20 linear feet or fraction thereof of parking or loading area lot frontage.

d.

Total parking or loading area lot frontage shall not exceed 100 linear feet along a public street, public sidewalk or public pathway.

(10)

On-street parking spaces located along the portions of a public street(s) abutting the use where parking is currently permitted may be counted toward the minimum number of parking spaces as required by this section. Those on-street parking spaces must be located on the same side of the street as the use, have a dimension of at least 20 feet in length, and be located in areas approved by the city's Public Works Department. On-street parking directly across the street from the use may be counted if that parking abuts property that is undevelopable because of physical constraints.

(11)

On-street parking shall not be counted in calculating maximum parking spaces.

(12)

Parking requirements may be met onsite or offsite at a distance of up to 800 feet from the permitted use. Off-site parking to meet the requirements of this section may be provided through a lease, subject to the review and approval of the city.

(13)

Parking that is located to the rear of the primary structure may extend the entire width of the lot, with the exception of any required screening or landscaped areas. Shared parking shall be permitted and encouraged.

(14)

The following bicycle parking requirements will be applied as shown in Table 4-17(g)-4:

(15)

All parking areas for more than ten motorized vehicles, except for parking areas for townhouse dwellings on a single lot, shall provide screening. If a wall is provided, then the area devoted to the wall shall be wide enough to allow for its maintenance. The screening may be eliminated if abutting parking lots are combined or interconnected with vehicular and pedestrian access.

(16)

Structured parking, with the exception of civic structured parking, shall meet the following additional requirements:

a.

At least 50 percent of the linear street level frontage of the facility shall be devoted to retail, office, civic, institutional or residential uses. If 75 percent or more of the linear street frontage is devoted to such uses, then the total square footage of these uses shall be credited 100 percent toward the required FAR minimums.

b.

If retail, office, civic, institutional or residential uses are constructed on the rear or side of the facility or above the ground floor on the street frontage of the facility, then the total square footage of these areas shall be credited 100 percent toward the required FAR minimums.

c.

Under-ground parking structures are permitted. Under-ground parking located in the minimum setback shall be permitted with an eight foot clearance from the top of the under-ground structure to the sidewalk, subject to an approved encroachment agreement. No ventilation shall be permitted in the setback.

d.

A minimum nine foot clearance shall be maintained on the first level and any additional level that provides disabled parking spaces. A minimum seven-foot clearance shall be maintained throughout the remainder of the parking deck to ensure the safe movement of vans and emergency vehicles.

(17)

Pedestrian crossing within parking lots and logical pedestrian routes through parking lots shall be clearly marked with crosswalk type design.

(h)

Pedestrian and bicycle access.

(1)

Pedestrian access.

a.

Connectivity and circulation. Uses in the CC district shall be integrated with the surrounding area, easily accessible, and have a good internal circulation system for a variety of travel modes.

1.

The pedestrian sidewalk system shall meet the following standards:

i.

Sidewalk connections are required between buildings and from buildings to all onsite facilities such as but not limited to parking areas, bicycle facilities, and open space.

ii.

Sidewalk connections are required to provide direct connections from all buildings on-site to the existing and/or required public sidewalk system and to adjacent trails, parks, and greenways.

iii.

All sidewalks shall be finished with a hard surface and maintain an open width of at least five feet; where the sidewalk abuts a retaining wall or wall exceeding 24 inches in height the city may require that the sidewalk maintain an open width of at least seven feet.

iv.

All crosswalks across public or private drives shall be a minimum of five feet wide and shall be constructed with a distinctive paving material, as approved by the city.

v.

All sidewalks shall be designed to preserve a minimum open width of five feet for pedestrian movement unencumbered by objects that would inhibit pedestrian circulation.

vi.

All sidewalks shall be designed to be ADA (Americans with Disabilities Act) accessible.

(2)

Building entrances and orientation. When a lot abuts a public street right-of-way, open space system, multi-use trail, or greenway, a sidewalk connection shall be provided to connect the building to the pedestrian zone.

(i)

Loading. The requirements of subsection 4-3(f) of this Code relating to Off-Street Loading shall apply.

(j)

Lighting.

a.

Exterior lighting shall meet the requirements of subsection 4-d(5) of this Code, the requirements of the New Hope Design Guidelines pertaining to lighting and the following additional requirements:

1.

Poles within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade, and shall be coordinated with city standards.

2.

Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements or to help establish scale or provide visual interest.

3.

Shielded illumination or fixtures shall be permitted to light building mounted signage, building facades, or pedestrian arcades if they are integrated into a building's architectural design.

4.

Lighting should highlight entrances, art, terraces, and special landscape features.

5.

Separate pedestrian scale lighting or other low-level fixtures, such as bollards, shall also be incorporated for drop-off areas at entrances to buildings.

b.

Light intensity. The following minimum levels of illumination set out in Table 4-17(j)-1 must be maintained for each of the specific locations within the CC District:

(k)

Useable open space. Useable open space for public congregation and recreational opportunities shall be required for all new commercial and mixed-use buildings with a gross floor area 20,000 square feet and greater. Such buildings must provide useable open space proportionate to the building square footage according to the requirements set out in and following Table 4-17(h)-1:

(1)

Open space may be located on roofs of buildings or enclosed on the ground floor. A maximum of 30 percent of the required open space may be provided on an enclosed ground floor level.

(2)

All required open space shall be accessible to the users of the building and shall be improved with seating, plantings, and amenities, and be visible from the street or pedestrian areas.

(3)

FAR credits are allowed for all new developments when the pedestrian space is available for use by the public, including widened sidewalk areas.

(4)

To encourage semi-public useable open space and a pedestrian-friendly atmosphere, useable open space may encroach into the setbacks under the following circumstances:

a.

In the street side yard facing a public street, sidewalk or pathway;

b.

In the side yard facing a public street, sidewalk or pathway;

c.

In an interior side yard, setback three feet from the property line;

d.

When adjacent to nonresidential zoning district.

(l)

Landscape and buffer standards.

(1)

Landscape standards.

a.

The landscape plan must be consistent with the city's design guidelines and any applicable master plan for the city center.

b.

The plan for landscaping must include ground cover, shrubs, trees, foundation plantings, sculpture, fountains, decorative walks, or other similar site design features or materials. Landscaping must conform to the requirements of the subsection 4-3(d)(4) of this Code and the following:

1.

A minimum of one deciduous or evergreen shrub per ten linear foot of foundation.

2.

The periphery of all parking lots shall be landscaped and screened in compliance with this section.

(2)

Buffer standards.

a.

All uses shall provide landscaping along all property lines abutting residentially used property located adjacent to the CC district. This requirement also applies in situations where an alley with a right-of-way width of 25 feet or less separates uses in the CC district from a non-CC district residential property. Landscaping shall be provided along all property lines abutting the alley when adjacent to residential uses. Multi-family developments in the CC district are exempt from this landscaping requirement when they abut other multi-family uses.

b.

In no instance shall a chain link, wood, vinyl, or barbed wire fence be permitted.

(m)

Trash enclosures. The requirements of subsection 4-3(b)(6)(i) of this Code, relating to trash enclosures shall apply.

(Ord. No. 13-02, § 1, 1-14-2013; Ord. No. 15-10, §§ 4, 5, 5-11-2015; Ord. No. 15-15, §§ 4, 5, 7-27-2015; Memo. of 6-18-2018; Ord. No. 21-03, § 2, 4-26-2021; Ord. No. 21-08, § 1, 11-22-2021; Ord. No. 24-15, § 6, 12-9-2024)