Permitted uses of land or buildings authorized throughout this article shall be permitted in the various overlay districts as indicated in this section and others under the conditions specified. The following overlay districts are contained in this chapter: article V, division 4, subdivision IV, I-P Industrial Park District; article V; division 5, subdivision I, H Historic Properties District; article VI, division 1, AC Access Corridor Overlay District; article VI, division 2, FD Flex Development Overlay District; article VII, division 12, Downtown Design Guidelines; article VIII; Flood Regulations.

(Ord. No. 5-06, pt. 2, 2-23-06)

It is the general intent of this division to control and regulate the development of land within designated access corridor overlay districts through the process of site plan review in order to:

(1)

Provide for safe and efficient vehicular access to downtown Racine, Festival Park, and the adjoining lakefront;

(2)

Enhance the sense of orientation and attractiveness of each corridor as viewed by vehicle drivers, passengers and pedestrians;

(3)

Encourage the orderly and compatible development of a mixture of uses within each corridor;

(4)

Strengthen the city's image and economic vitality;

(5)

Preserve the historical character of specific landmarks and areas; and

(6)

Prevent development that is incompatible with the overall function of each access corridor district.

(Ord. No. 31-90, pt. 1, 9-18-90; Ord. No. 5-06, pt. 3, 2-23-06)

The access corridor district shall be mapped as an overlay district, supplementing existing zoning districts within the mapped areas. Each such overlay district shall be mapped consistent with an adopted comprehensive plan for each access corridor. The following districts have been designated as an access corridor district under this article:

Douglas Avenue Corridor District. The district extends from the centerline of Three Mile Road on the north, to the centerline of State Street on the south, and includes those commercial properties within 500 feet of the centerline of Douglas Avenue, on both the east and west sides of Douglas Avenue.

Durand Elmwood—Corridor District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center lines of Durand Avenue and Lathrop Avenue proceed southerly 895 ± feet to a point, thence proceed easterly on a line parallel to Winthrop Avenue 546 ± feet to a point, thence proceed southerly on a line parallel with Lathrop Avenue 127 ± feet to a point, thence east-northeasterly along a line parallel with Wheelock Drive 769 ± feet to a point, thence proceed southeasterly on a line parallel with Great Elms Lane 150 feet to the center line of Wheelock Drive, thence proceed northeasterly along the center line of Wheelock Drive to a point 175 ± feet south of intersection with the center line of Durand Avenue, thence proceed easterly along a line parallel with the center line of Durand Avenue to the point of intersection with the center line of Carpenter Drive, thence proceed northerly along said center line to a point of intersection with the center line of Durand Avenue, thence proceed westerly along said center line to point 100 feet west of the west right-of-way line of West Boulevard, thence proceed northerly along the west line of the Wisconsin Electric Power Company right-of-way to a point of intersection with the east right-of-way line of Taylor Avenue, thence proceed southwesterly along said right-of-way line 349.21 feet to a point, thence proceed westerly on a line parallel with the Durand Avenue center 406 ± feet to a point of intersection with the west right-of-way line of Hayes Avenue, thence proceed southerly along said right-of-way line 38.7 feet to a point, thence proceed westerly to a line parallel with the right-of-way line of Durand Avenue to a point of intersection with the west right-of-way line of West Laune Avenue, thence proceed northerly along said right-of-way line 43.5 feet to a point, thence proceed westerly on a line parallel with the right-of-way line of Durand Avenue to a point of intersection with the centerline of Indiana Street, thence proceed southerly along said center line (extended) 547 ± feet to a point, thence proceed easterly along a line parallel with the right-of-way line of Durand Avenue to a point on the center line of Lathrop Avenue, thence proceed northerly along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

Horlick Character District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center lines of Anthony Lane and Romayne Avenue proceed southerly along the center line of Anthony Lane to a point of intersection of said center line and the center line of Rapids Drive and the center line of an un-named pedestrian way, proceed southwest and thence westerly along the pedestrian way center line (extended) to a point of intersection with the center line of Wustum Avenue, thence proceed southerly and thence southwesterly along said center line to a point of intersection with the center line of Northwestern Avenue, thence proceed 795 ± feet southeasterly along said center line to a point, thence proceed southwesterly along the northerly line of Parcel 21203000 to a point, thence proceed south easterly along the westerly line (extended) of Parcel 21203000 to a point of intersection with centerline of Maria Street, thence proceed along said center line to a point of intersection with the center line of the half cul-de-sac, thence proceed along said center line to a point of intersection with the centerline of Westwood Drive, thence proceed northeasterly along said centerline to a point of intersection with Howard Street, thence proceed southerly along said center line to a point of intersection with the center line of West High Street, thence proceed easterly along said center line to a point of intersection with the center line of Northwestern Avenue, thence proceed southeasterly along said center line transitioning into the center line of State Street and a point of intersection with the center line of Summit Avenue, thence proceed northerly along said center line to a point of intersection with the center line of Albert Street, thence proceed easterly along said center line to a point of intersection with the western line of the Chicago and Northwestern Rail Road right-of-way, thence proceed northerly to a point of intersection with the center line of Goold Street, thence proceed westerly along said centerline 555 ± feet to a point, thence proceed southerly along a line parallel to the eastern right-of-way line of Blake Street to said lines intersection with the center line of Yout Street, thence proceed westerly along said center line to a point of intersection of the center line of Rapids Drive, thence proceed along said center line to a point of intersection with the center line of Mt. Pleasant Street, thence proceed along said center line to a point of intersection with the center line of Romayne Avenue, thence proceed along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

North Beach Character District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center lines of Walton Avenue and North Main Street proceed westerly along said center line to a point of intersection with the center line of North Wisconsin Avenue, thence proceed northerly 170 feet to a point, thence proceed westerly along the southern lot lines of Lots 4 and 11 of Block 4 Fox Subdivision to a point of intersection with the center line of Erie Street, thence proceed southerly along said center line to a point of intersection with the center line of Goold Street, thence proceed easterly along said center line 435 ± feet to the point of intersection with the center line of an alley, thence proceed southerly 4,115 ± feet to along said center line (extended) parallel with North Main Street to a point of intersection with the center line of Hubbard Street, thence proceed westerly along said center line to a point of intersection with the center line of North Wisconsin Street, thence proceed southerly along said center line of Dodge Street, thence proceed easterly along said center line to the center line of Main street, thence proceed southerly along said center line to a point of intersection with the northern bank of the Root River, thence proceed easterly along said bank to its point of intersection with the current western shoreline of Lake Michigan, thence proceed along said shoreline to a point of intersection with the northern side of the north harbor wall (break water), thence proceed westerly to a point being the center of the Barker Street cul-de-sac, thence proceed northerly and thence westerly along the center line of Barker Street to a point of intersection with the center line of Michigan Boulevard, thence proceed northerly along said center line to a point being 100 feet north of the northern right-of-way line of Goold Street, thence proceed westerly along a line parallel to and 100 feet north of said right-of-way line to a point of intersection with the center line of North Main Street, thence proceed northerly along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

Pershing Park Overlay District. The district includes those lands within the boundaries described as follows:

Beginning at a point of intersection of the center lines of Main Street and Sam Johnson Parkway proceed southerly along the center line of Main Street 3,968 ± feet to a point, thence proceed easterly along a line parallel with the center line of 14 ^th Street to a point of the western shoreline of Lake Michigan, thence proceed northerly along said shoreline 5,047 ± feet to the southern shoreline of the western launch basin breakwater, thence proceed north-westerly 360 ± feet along a straight line that connects with the eastern terminus (northeast corner of Parcel 00308000) of the northern right-way-line of Fifth Street (extended), thence proceed along said right-of-way line to a point on the center line of Lake Avenue, thence proceed southerly along said center line to a point of intersection with the center line of Sam Johnson Parkway, thence proceed along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

Racine Street Character District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center line of Eleventh Street and the east line of the Chicago & Northwestern Rail Road right-of-way (ROW) proceed southerly to the point being the intersection of said rail road ROW and the center line of Caron Butler Drive (extended), thence proceed easterly along the center line of Caron Butler Drive (extended) 1,122 ± feet to the point of intersection with the center line of an alley, thence proceed northerly along said alley center line parallel to the right-of-way line of Mead Street to a point in the centerline of DeKoven Avenue, thence proceed westerly along said center line to a point in the center line of Mead Street, thence proceed northerly along said center line to a point in the center line of Sixteenth Street, thence proceed westerly along said center line to the point of intersection with the center line of Racine Street, thence proceed northerly along the said center line to the point of intersection with the center line of Fourteenth Street, thence proceed easterly to a point of intersection with the center line of Howe Street, thence proceed northerly along said center line to a point of intersection with the center line of Thirteenth Street, thence proceed northerly along said center line of Highland Avenue to a point in the center line of Twelfth Street, thence proceed easterly along said center line to a point of intersection with the center line of Irving Place, thence proceed northerly along sai[d] center line to a point of intersection with the center line of Eleventh Street, thence proceed westerly along said centerline of Eleventh Street to point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

State Street Corridor District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center lines of Hamilton Street and State Street proceed southeasterly along the center line to the point of intersection with the center line of North memorial Drive, thence proceed southerly along said center line to a point of intersection with the center line of Liberty Street, thence proceed easterly along the center line of Liberty Street with the west line of the Chicago & Northwestern Rail Road right-of-way (ROW), thence proceed southerly along the west line of the Chicago & Northwestern Rail Road ROW to the intersection with the center line of Mound Avenue, thence proceed northerly along the center line of Mound Avenue 473 ± feet to a point, thence proceed from the point southeasterly along the southern line parcel 03162000 for a distance of 160 ± feet to the northwesterly bank of the Root River, thence proceed along the northwesterly bank of the Root River to its point of intersection with the center line of Main Street, thence proceed northerly along the centerline of Main Street to a point of intersection with the center line of Hamilton Street, thence proceed westerly along the centerline of Hamilton Street to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

Taylor Avenue Corridor District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center lines of Taylor Avenue and Washington Avenue proceed southwesterly along the Taylor Avenue center line to the point of intersection with Twenty-First Street, and district lands being within 500 feet of the center line of Taylor Avenue whether those lands are in the district in whole or in part. In addition, beginning at the intersection of the center lines of Flett Avenue and Eighteenth Street proceed easterly along said center line 285 feet to a point of intersection with the center line of Holmes Avenue, thence proceed northerly along a line (centerline of vacated Holmes Avenue) 235 ± feet to a point on the center line of Holmes Avenue, thence proceed southwesterly along a line being a southern line of the Racine Land & Improvement Company's Subdivision No. 2 (extended) to a point of intersection with the Center line of Felt Avenue, thence proceed southerly along said center line to the point of beginning. In addition, beginning at the intersection of the center lines of Taylor Avenue and Twenty-first proceed 350 ± feet to a point, thence proceed southerly along the east lines (extended) of Lot 7 Block 1 of the Joseph Pfeiffer Subdivision and Lot 3 Block 1 of the Tinge Subdivision to a point of intersection with the center line of Arlington Avenue, thence proceed northeasterly to the point of beginning.

Three Mile Road Corridor District. The district includes those lands within the boundaries described as follows:

Proceeding from a point of intersection of the center lines of Three Mile Road and Erie Street proceed northerly 331 ± feet to a point along the center line of Three Mile Road to a point being the point of beginning, thence proceed westerly along a line parallel with the center line of Three Mile Road 652.08 feet to a point, thence proceed southerly on a line parallel with the center line of Erie Street 331 ± feet to a point on the centerline of Three Mile Road, thence proceed easterly along said center line 150 feet to a point, thence proceed southerly along the center line of Green Street 660 feet to a point, thence proceed easterly 543.99 feet to a point of intersection with the centerline of Erie Street, thence proceed southerly along said center line 200 feet to a point, thence proceed easterly along the northern boundary line (extended) of Northbrook Subdivision No. 3 to a point on the center line of Ruby Avenue, thence proceed southerly 240 ± feet to a point, thence proceed easterly along a line parallel with the center line of Carlton Drive 123.37 feet to a point, thence proceed southerly along a line parallel with the center line of Ruby Avenue 210.4 feet to a point, thence proceed easterly along a line parallel with the center line of Carlton Avenue 332 ± feet to a point, thence proceed northerly along a line parallel with the center line of North Main Street 100 feet to a point, thence proceed easterly 233 ± feet to the center line of North Main Street, thence proceed northerly along said center line 67 ± feet to a point, thence proceed easterly along the south line Lakeside Estates (extended) 213 ± feet to a point, thence proceed northerly along a line parallel to North Main Street center line to a point of intersection with the center line of Saxony Drive, thence proceed easterly to a point of intersection with the westerly right-of-way line of North Bay Drive (extended), thence proceed northerly along said westerly right-of-way line to the center line of Three Mile Road, thence proceed westerly along said center line 1214 ± feet to a point, thence proceed northerly along the eastern border of the City of Racine 455.06 feet to a point, thence proceed westerly along a line parallel with the center line of Three Mile Road to a point in the center line of Erie Street, thence proceed southerly along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

Uptown Corridor District. The district includes those lands within the boundaries described as follows:

Beginning at a point being the intersection of the centerlines of Pearl Street and Tenth Street and continuing east along said centerline to a point of intersection with the centerline of Hilker Place, thence south along said centerline to the centerline of Eleventh Street, thence west along said centerline to the centerline of Racine Street, thence south along said centerline to the centerline of Thirteenth Street, thence west along said centerline to the east line of the Union Pacific (a.k.a. Chicago and Northwestern) railroad right-of-way, thence southwest along said right-of-way line to the south right-of-way line of Fifteenth Street, thence west along said right-of-way line extended to the centerline of Phillips Avenue, thence north along said centerline to the centerline of Washington Avenue, thence southwest along said line to the centerline of Valley Drive, thence northwest along said centerline to the extended centerline of Maiden Lane, thence east along said extended centerline to the centerline of South Memorial Drive. The north along said centerline to the centerline of Maiden Lane, thence northeast along said centerline to the centerline of Thirteenth Street, thence west along said centerline for approximately 85 feet to a point on the centerline of Thirteenth Street, thence from said point proceed north approximately 280 feet to a point, thence from said point proceed east approximately 195 feet to a point, thence from said point proceed north to the centerline of Twelfth Street, thence east long said centerline to the east line of the Union Pacific (a.k.a. Chicago and Northwestern) railroad right-of-way, thence northwest along said right-of-way line to the centerline of Eleventh Street, thence east along said centerline to the centerline of Pearl Street, thence north along said center line to the point of beginning.

West Racine Corridor District. The district includes those lands lying within, and 100 feet beyond, the boundaries as described as follows:

Beginning at a point at the intersection of the extension of the centerline of Deane Boulevard and the centerline of Washington Avenue thence run northwest along the centerline of Washington Avenue to a point being its with the centerline of Washington; thence run north along the centerline of West Boulevard to its intersection with the centerline of the Kinzie Avenue and extend a line to a point 200 feet more or less north along the same heading as the centerline of West Boulevard; from said point thence run west along a line parallel with the north line of Kinzie Avenue for a distance of 330 feet more or less to a point; from said point thence run south along a line parallel with the extended West Boulevard centerline 200 feet more or less to a point being the intersection of the centerline of Kinzie Avenue and Grove Avenue; from said point continue south along the centerline of Grove Avenue to a point being its intersection with the centerline of Linderman Avenue; from said point thence run west along the centerline of Linderman Avenue to a point being its intersection with the centerline of Arthur Avenue; from said point thence run south along the centerline of Arthur Avenue to its intersection with the centerline of 13th Street; from said point thence run east along the centerline of 13th Street to its intersection with the centerline of West Boulevard and extend a line to a point 340 feet more or less along the same heading as the centerline of 13th Street east to a point being its intersection with the centerline of Deane Boulevard; from said point thence run north along the centerline of Deane Boulevard to the point of beginning.

Westgate Corridor District. The district includes those lands within the boundaries described as follows:

Beginning at the point of intersection of the center line of Washington Avenue and Ohio Street, proceed northerly along the Ohio Street center line 210 feet to a point, thence proceed westerly on a line parallel with the center line of Washington Avenue feet to a point of intersection with a western boundary line of the City of Racine, thence proceed southerly along said western boundary to a point on the center line of Washington Avenue, thence proceed easterly 450 ± feet along said center line to a point on a western boundary line of the City of Racine, thence proceed southerly along said western boundary line 443 ± feet to a point of intersection with a southern boundary line of the City of Racine, thence proceed easterly along said southern boundary line 118 ± feet to a western boundary line of the City of Racine (also the center line (extended) of Ostergaard Avenue, thence proceed southerly along said center line to a point on the centerline being 564 ± feet south of its intersection with the centerline with Wright Avenue, thence proceed easterly along a line coinciding with the north line of Marboro Heights Subdivision to the point of intersection with the center line of Perry Avenue, thence proceed southerly along said centerline to a point of intersection with the centerline of Sixteenth Street, thence proceed easterly along said center line to a point of intersection of the center line of Ohio Street, thence proceed northerly along said center line to a point on said center line being 238 ± feet south of the center of Washington Avenue, thence proceed easterly 184 ± feet on a line parallel with the center line of Washington Avenue to a point, thence proceed northerly 70 feet along a line parallel with the center line of Ohio Street to a point, thence proceed easterly 135 feet along a line parallel with the center line of Washington Avenue to a point on the center line of Virginia Street, thence proceed northerly along said centerline 335 ± feet to a point of intersection with the southern right-of-way line (extended) of an alley, thence proceed westerly along said alley southern right-of-way line (extended) to a point of intersection with the center line of Ohio Street, thence proceed northerly along said center line to the point of beginning. All lands are to be considered in the district whether contained in part or in whole by the district boundary.

(Ord. No. 31-90, pt. 1, 9-18-90; Ord. No. 32-03, pt. 1, 12-16-03; Ord. No. 11-05, pt. 1, 7-5-05; Ord. No. 7-06, pt. 1, 4-16-06; Ord. No. 8-12, pt. 2, 8-15-12; Ord. No. 0002-21, pt. 2, 2-2-21)

(a)

Design guidelines contained in this division shall apply to all facilities such as, but not limited to, office, commercial, residential facilities containing five or more living units, lodging, museum, theater, governmental, parking and utility facilities, excepting that maintenance and repair activities that do not alter the property's exterior design features are exempt from the requirements of this division. Planned developments as defined in article III, division 3, of this chapter shall not require review under article VI of this chapter.

(b)

The director of city development shall review projects within those portions of the State Street corridor district that are also within the River sub-district and lie west, north and northwest of the Root River, and areas within the State Street corridor sub-district, as described in the "Downtown Design Standards" adopted by common council Resolution Number 06-7041 of May 16, 2006, using the design considerations contained in that document and in the "Downtown Design Guidelines" adopted by common council Resolution Number 06-7040 of May 16, 2006.

(Ord. No. 15-11, pt. 1, 1-17-12)

Editor's note— Ord. No. 15-11, adopted Jan. 17, 2012, repealed § 114-638 in its entirety and enacted a new § 114-638 to read as set out herein. Former § 114-638 pertained to land uses and derived from Ord. No. Ord. No. 31-90, pt. 1, adopted Sept. 18, 1990; Ord. No. 27-91, pt. 1, adopted Nov. 19, 1991; Ord. No. 22-07, pt. 1, adopted Dec. 4, 2007.

Editor's note— Ord. No. 15-11, adopted Jan. 17, 2012, repealed § 114-638.5 in its entirety. Former § 114-638.5 pertained to applicability and derived from Ord. No. 20-06, pt. 2, adopted May 24, 2006.

(a)

The director of city development shall review applications for conformance with evaluation criteria established by the common council for all projects having an aggregate cost of $5,000.00 or more for all new exterior construction activities, all building expansions, and all exterior renovation or rehabilitation activities.

(b)

The director of city development shall review all applications for exterior signs for conformance with evaluation criteria established by the common council.

(c)

The director of city development shall review applications for all listed permitted and conditional uses in the underlying zoning district in the access corridor district, except single- and two-family residences, unless otherwise indicated herein for conformance with the applicable adopted corridor plans.

(d)

Applications for use or design review shall be filed with the director of city development. Upon receipt of an application, the director of city development shall transmit a copy of the application to the local alderperson, the chairperson of any business improvement district within which the property is located, and the representative of any membership organization that has as its purpose the improvement of the commercial area in which the property is located and which has registered with the department of city development.

(e)

Review shall be conducted within 21 days after the application is filed with the director of city development or the activity shall be deemed approved.

(f)

The director of city development shall issue written findings to the chief building inspector within the 21-day review period. The director of city development shall transmit a copy of the findings to the local alderperson, the chairperson of any business improvement district within which the property is located, and the representative of any membership organization that has as its purpose the improvement of the commercial area in which the property is located and which has registered with the department of city development. The written findings shall indicate whether or not the proposed activity being reviewed meets the corridor evaluation criteria, and the findings shall be immediately transmitted to the applicant. Findings that the evaluation criteria are met shall be approval of the activity; findings that the evaluation criteria are not met shall be disapproval of the activity. If the evaluation criteria are found not to be met, the applicant may file revised plans for review by the director of city development addressing any deficiencies.

(g)

The chief building inspector shall issue building and/or occupancy permits within the corridor districts for projects requiring review, after receiving written approval by the director of city development or, in the event of an appeal, by the common council, except as otherwise provided herein, and in addition to other approvals required by law, ordinance or regulation.

(h)

An applicant may appeal a decision of the director of city development or other authority with review authority as identified in this division. Appeals shall be made to the city planning, heritage, and design commission and filed with the department of city development. The appeal shall be filed with the department of city development within 15 days after the director of city development issues the written decision. The planning, heritage, and design commission shall consider the appeal and make a recommendation to the common council within 30 days after the appeal was filed.

(i)

The local alderperson, the chairperson of any business improvement district within which the property is located, or the representative of any membership organization that has as its purpose the improvement of the commercial area in which the property is located and which has registered with the department of city development may appeal a decision of the director of city development. Appeals shall be made to the city planning, heritage, and design commission and filed with the department of city development. The appeal shall be filed with the department of city development within 15 days after the director of city development issues a written decision. The planning, heritage, and design commission shall consider the appeal and make a recommendation to the common council within 30 days after the appeal was filed.

(Ord. No. 15-11, pt. 2, 1-17-12; Ord. No. 0026-19, pt. 88, 11-12-19; Ord. No. 0002-21, pts. 3, 4, 2-2-21)

Editor's note— Ord. No. 15-11, pt. 2, adopted Jan. 17, 2011, repealed § 114-639 in its entirety and enacted a new § 114-639 to read as set out herein. Former § 114-639 pertained to development review committee and derived from Ord. No. 31-90, pt. 1, adopted Sept. 18, 1990; Ord. No. 32-03, pt. 2, adopted Dec. 16, 2003.

Prior to making a formal application for access corridor development, a preapplication conference is required. The purpose of the conference is to acquaint all pertinent city staff with the proposal, and acquire the views and concerns of those participating. The preapplication conference occurs at the conceptual stage of the development when plans are flexible and adjustments are possible. The preapplication conference is also intended to assist the applicant in bringing the plan into conformance with this article and other applicable regulations.

(Ord. No. 31-90, pt. 1, 9-18-90)

Applications for access corridor development shall be submitted to the director of city development. The submittal shall include the same materials as required for conditional use review.

(Ord. No. 31-90, pt. 1, 9-18-90)

The goals and objectives of the comprehensive general plan, the access corridor plan, and other applicable city plans, criteria, and designs shall be utilized in the review of proposed site plans for access corridor districts. In addition, the following criteria shall also be used to determine whether a proposed site plan fulfills the objectives of this article:

(1)

Traffic circulation. All vehicular and pedestrian circulation systems shall provide adequate and safe access through the access corridor and to and within the site. Pedestrian and vehicular circulation shall be separated, insofar as is practicable. Curb cuts on the site shall be minimized.

(2)

Building arrangement. The layout, mass, orientation and height of the structures on the site shall allow for the effective use of the proposed development. Furthermore, such arrangement shall be compatible with development on adjacent property. Also, the arrangement of structures on the site shall be evaluated for their potential impact on the provision of city services, such as access for emergency equipment.

(3)

Parking and loading layout. Proposed parking lots and truck loading areas shall be designed, located and screened to minimize adverse visual impact on adjacent properties. Parking spaces or aisles shall be no closer than six feet from any public street right-of-way. Adequate perimeter parking lot screening shall be provided. Interior parking lot landscaping is also required where practicable to break up large areas of parking with plant material. Parking lot drainage shall not adversely affect surrounding properties and shall meet city standards.

(4)

Landscaping. Landscape design shall enhance the overall appearance of the access corridor, create a logical transition to adjoining development, screen incompatible structures and uses, and minimize the visual impact of parking lots on adjacent sites and roadways. Plant materials shall be so selected as to withstand the city's climate and the microclimate on the property. Plant materials shall be selected with the advice of city staff. Where practicable, open space on the site shall create a desirable and functional environment for patrons, pedestrians, and occupants.

(5)

Signage. Signs shall be minimized in number and size, and integrated with architectural and site landscape features. Placement of signs shall not unduly obscure or interfere with sight lines to other properties. Signs shall comply with zoning requirements.

(6)

Site illumination. Site illumination shall be designed, located and installed so as to minimize adverse impact on adjacent streets and properties, provide for security, and enhance the overall quality of the development.

(7)

Historical preservation. Preservation of unique historic or architectural landmarks is encouraged. Development designs that respect desirable architectural resources on surrounding sites are also encouraged.

(8)

Building design. All buildings shall have finished construction on all sides; any roof treatments or parapets shall extend completely around the building; and all rooftop equipment shall be screened.

(Ord. No. 31-90, pt. 1, 9-18-90; Ord. No. 0002-21, pt. 5, 2-2-21)

Serving as a main entryway into the City of Racine, it is the general intent of this section to control and regulate the preservation, maintenance and development of land within specific districts in order to:

(1)

Encourage urban design excellence.

(2)

Integrate urban design and preservation of Racine's heritage into the process of a district's development and redevelopment.

(3)

Enhance the character of the district.

(4)

Promote the development of diversity and areas of special character within the district.

(5)

Provide residents, businesses and their visitors and with a pleasant, rich and diverse experience.

(6)

Promote historic preservation when possible and practicable.

(7)

Provide for the humanization of the district through the promotion of home ownership, business development and district pride.

(8)

Assist in creating a district that is safe and perceived to be safe.

(9)

Assure that new development is at a human scale and that it relates to the character and scale of the district.

(10)

Encourage and entrepreneurial environment that fosters homebased business while being sensitive and compatible to adjacent land uses.

(11)

Maintain and enhance the existing business and industry in the district recognizing that such economic activity is a source for local employment opportunities and stability.

(Ord. No. 0002-21, pt. 7, 2-2-21)

Alterations means activities which have or will result in the change in exterior appearance of a structure or property including, but not limited to, changes in color, dimension, placement, details and use.

Corridor committee is a review body that may be established under the authority of this division, by resolution the common council, for the purpose of providing focus to, and advocacy for, the needs of the corridor district through design and development review, program and policy analysis and recommendation, district and community out-reach and education, and stakeholder well-being. The committee may consist of seven members, with the mayor as chair, and six members appointed by the mayor representing the following discipline or constituency: An alderman of the district, a representative from a business having a facility within the district, an architect or architectural design professional, a design professional, and two resident of the district.

Maintenance activities means those activities directed at keeping the property in proper condition and do not alter the property's exterior design features. Examples of maintenance activities include tuck pointing and repainting of surfaces in the same color(s) that have previously been painted.

Planning, heritage, and design commission means the commission established by section 2-251, and having the authority to review activities as prescribed in this division.

Stakeholder is a person, organization or property owner, residing or doing business within the district, who has a genuine interest in the advancement of the health, safety, aesthetics, economic vitality, and overall viability of the district.

(Ord. No. 0002-21, pt. 7, 2-2-21)

(a)

The district design guidelines shall be implemented through the application of this division's regulation as an overlay district, supplementing the existing underlying zoning districts within the district.

(b)

Sub-districts within the parent district may be established from time to time to enhance or preserve unique characteristics of a property or grouping properties.

(Ord. No. 0002-21, pt. 7, 2-2-21)

(a)

All permitted uses and conditional uses as allowed by the underlying zoning districts shall likewise be allowed in the district except as described in this section, and in planning and guidance documents which may be adopted from time to time by resolution of the planning heritage and design commission, or by resolution or ordinance of the common council.

(b)

The following uses are prohibited not withstanding (a) above.

(1)

For lands in a I-2 district, land uses which are otherwise permitted uses but may create noises, heat, vibration, odors, radiation or other disturbances, which are detectable at or beyond the property line, or involve materials or activities which pose a significant safety hazard to the public in the general vicinity.

(2)

Uses which are otherwise prohibited unless under the control of a flex development overlay or a planned development conditional use permit.

(3)

Uses which are inconsistent with planning and guidance documents which may be adopted from time to time by resolution of the planning heritage and design commission, or by resolution or ordinance of the common council.

(Ord. No. 0002-21, pt. 7, 2-2-21)

(a)

In the district, the following prohibitions shall apply:

(1)

No person shall undertake any new exterior construction activity, any building expansion, accessory building construction, any exterior renovation/rehabilitation activity, new occupancy or change in occupancy, or any exterior painting for projects whose impact will result in the alteration of the visual character, color or impact of a property without first making application to the director of city development, and receiving approval from the committee (if constituted) and organized as prescribed in this division, nor without receiving all applicable approvals and permits.

(2)

No person shall install new or replacement signs, regardless of value, without first making application to the director of city development and receiving approval from the committee (if constituted), as prescribed in this division, nor without receiving all applicable permits.

(3)

No person shall install new or replacement fencing or security/screening walls, regardless of value, without first making application to the director of city development and receiving approval from the committee (if constituted) as organized and prescribed in this division, nor without receiving all applicable permits.

(b)

In a district, the following exemptions shall apply:

(1)

One sign advertising occasional sales, services or events are exempt from the requirements of subsection 114-642.55(a)(2) of this division and may be displayed up to four non-consecutive periods separated by 30 days, for up to 14 consecutive days.

(2)

Maintenance, repair and exterior painting activities that do not alter the property's exterior design features or existing color scheme are exempt from committee review but plans for such activities shall be submitted to the director of city development for review and approval.

(3)

Public recreation facilities which involve no pavement or buildings.

(4)

Essential services as defined by section 114-238.

(Ord. No. 0002-21, pt. 7, 2-2-21)

(a)

Persons contemplating a project in the proceeding corridor district should review the following documents, or other guiding documents which may be adopted from time to time by the planning heritage and design commission or common council, for guidance and understanding of the purpose, scope an intent of this division and the district:

In the Durand-Elmwood Corridor District, review the document titled "City of Racine 2035 Comprehensive Plan."

In the Horlick Character District, review the documents titled "City of Racine 2035 Comprehensive Plan," "Racine Steel Castings Redevelopment Plan," "Tax Increment District No. 22 Project Plan," "Douglas Avenue Revitalization Plan," "Horlick District Project Plan," "Racine Heritage Preservation Plan."

In the North Beach Character District, review the documents titled "Downtown Plan—2005" and supplemental design and development standards and guidance documents, "Rootworks Area Wide Plan," "City of Racine 2035 Comprehensive Plan," "Douglas Avenue Revitalization Plan," "Racine Heritage Preservation Plan."

In the Pershing Park Overlay District, review documents titled "Downtown Plan—2005," "City of Racine 2035 Comprehensive Plan," "Racine Heritage Preservation Plan."

In the Racine Street Character District, review the documents titled "A Neighborhood Strategic Plan for Southside Racine," "Uptown Improvement Plan," "Uptown Strategic Development Plan," and the "Live Towerview Building a Neighborhood of Choice," "Racine Heritage Preservation Plan."

In the State Street Corridor Area, review the documents titled "Downtown Plan—2005" and supplemental design and development standards and guidance documents, "Rootworks Area Wide Plan," "City of Racine 2035 Comprehensive Plan," "Lincoln-King Plan," "Douglas Avenue Revitalization Plan," "State Street Corridor Plan," "Racine Heritage Preservation Plan."

In the Taylor Avenue Corridor District, review the documents titled "City of Racine 2035 Comprehensive Plan," "Uptown Strategic Plan."

In the Three Mile Road Corridor District, review the document titled "City of Racine 2035 Comprehensive Plan."

In the Westgate Corridor District, review the document titled "A Comprehensive Plan for the City of Racine 2035."

(b)

The design guidelines expressed in this division shall apply to all facilities, buildings, accessory structures and signs (collectively: the structure) such as, but not limited to, office, commercial, residential, industrial, governmental, parking and utility. All structures and any additions or alterations thereto, regardless of type, shall be designed with the following considerations.

(1)

Context: Designed in a manner that is mindful of and complementary to the existing built and natural environment. The structure should strengthen and enhance the characteristics of the setting, or at least maintain key unifying architectural or natural patterns. Existing facilities need not be mirrored in every aspect, but rather used as a starting point in the development of a design.

(2)

Harmony: Utilizes materials, forms and colors that serve as unifying elements with the surrounding built and natural environment. Such uniformity is not intended to inhibit creativity, innovation and individuality in the overall design of a facility.

(3)

Conformance: Does not detract from those architectural details found to be most desirable, successful and prominent in historical and landmark Racine Street Access Character District structures.

(4)

Linkages: Reflects the individuality of the specific area or district in which it is located and, if reasonably possible, articulates identifiable architectural patterns.

(5)

Compatibility: Should be compatible with nearby buildings' architectural scale, color, rhythm and proportions.

(6)

Historical integrity: Respects the unique historical context of the Racine Street Character District. Projects for rehabilitation, remodeling and additions shall retain, wherever practicable or advisable, the original structure's intended character, scale and composition. Distinctive stylistic features or examples of skilled craftsmanship shall be retained and preserved wherever practicable.

(7)

View opportunities: Is sensitive to new and existing opportunities with which to observe and enjoy surrounding points of interest and activity.

(8)

Quality: Incorporates materials and design features that convey permanence, durability and quality.

(9)

Environmental sensitivity: should incorporate materials, construction techniques, systems and design methods that increase energy efficiency. Use of salvaged materials or reuse of existing materials is encouraged when appropriate. Materials should be used that are not harmful to the environment, not only during their use in the facility but also in their production.

(c)

Planned developments as defined in article III, division 3, of this chapter shall not require review under article VII, of this chapter.

(Ord. No. 0002-21, pt. 7, 2-2-21)

The following design guidelines evaluation criteria shall be used to determine if a proposed structure, activity or alteration fulfills the objectives of this division:

(1)

Traffic circulation. All vehicular and pedestrian circulation systems shall provide adequate and reasonably safe access through the character district, and should promote an aesthetically pleasing pedestrian friendly environment.

(2)

Environmental design. All projects shall incorporate sustainable environmental design, processes and practices such as LEED certified design when possible or practical.

(3)

Site layout and building arrangement.

a.

The layout, mass, orientation and height of the structures on the site, including areas for use by motorized vehicles for circulation, parking and storage, should allow for appropriate use of the proposed development in light of surrounding uses, traffic patterns, pedestrian facilities, neighboring and opposite structures. The arrangement of structures on the site shall also be evaluated for their potential impact on the provision of city services, such as access for emergency vehicles.

b.

The setback of structures shall conform to those of the underlying zoning district except that fences in front yards shall have a minimum setback of six feet with the setback area being suitably landscaped in a manner approved by the director of city development.

(4)

Project design. All projects shall be designed with attention and sensitivity to the historical, architectural, and physical context in which they are, or are to be located. Special attention should be paid to the sidewalk level of buildings through the creation of pedestrian orientated details. In addition to those applicable standards described in article VII of this chapter, project design considerations specific to the Racine Street Character Area are as follows:

a.

For commercial and industrial projects:

(i)

General requirements are that all buildings should have a unified design treatment; finished construction on all sides; facades facing the river shall be considered in design and function as if a street facade; any roof treatments or parapets shall extend completely around the building; and all rooftop equipment shall be screened from view.

(ii)

Parking and loading layout. Proposed parking and truck loading facilities shall be designed, located and screened to minimize adverse visual impact on adjacent properties.

(iii)

Landscaping. Landscaping design should enhance the overall appearance of the character area, create a logical transition to adjacent development, screen incompatible structures and uses, and minimize the visual impact of parking facilities on adjacent sites and roadways. Plant materials shall be selected so as to withstand the city's climate and the microclimate on the property, and shall not be an invasive species as identified by the Wisconsin Department of Natural Resources.

(iv)

Site illumination. Site illumination shall be designed, located and installed so as to minimize adverse impacts on adjacent streets and properties, provide security, and enhance the overall quality of the development. Some site illumination design considerations are as follows:

aa.

Exterior building flood or focused accent lighting may be used to articulate a particular building design or illuminate an outstanding architectural feature. Linear neon or strip LED silhouette accent lighting, bulb or flashing lighting, or in-line fluorescent tubular lighting is inappropriate.

bb.

Parking lot and walkway lighting should be no taller than 15 feet (including the height of the mounting pedestal and fixture) and a pedestrian scale and be sensitive to the historic atmosphere of the downtown area.

cc.

Historic preservation. Preservation of unique historic or architectural structures and landmarks is encouraged. Development designs that do not detract from desirable architectural resources on surrounding sites are also encouraged.

(v)

Signage. Signs, as permitted by zoning, should be minimal in number and size. Placement of signs shall not unduly obscure or interfere with sight lines to other properties. Signs should be architecturally compatible and contribute to the historic character of the area through the incorporation of tasteful presentations utilizing appropriate logos, symbols, graphics and/or text. Free-standing signs should incorporate architectural features or materials of the buildings or facilities they are intended to promote. Signs shall comply with all zoning requirements.

(vi)

Modifications to criteria. The above criteria may be modified by provisions of the flex development overlay, a planned development conditional use permit, or by administrative discretion as may be afforded by this chapter.

b.

For residential projects, in addition to 114-642.57.4a. provided above:

(i)

No vehicular access shall be allowed to a public street where a rear or side service alley is adjacent to the lot.

(ii)

Where a lot is adjacent to an alley, there shall be not vehicle parking or storage in the front or side yards.

(iii)

First/ground floors of each dwelling unit shall have living space fronting the public street. Living space shall be defined as bedroom, bathroom, living room, kitchen, home office, den or recreation room space. A garage shall not be considered living space.

(iv)

Where a lot is not adjacent to an alley, if the dwelling unit has an attached garage, the street facades of a dwelling unit shall conform to the requirements of section 114-735.5(a). Driveways and off-street parking spaces shall not be allowed in front of the dwelling unit. Desired vehicle parking or storage areas shall be placed to the side of the dwelling unit on ordinance compliant parking and drive surfaces that are leading to a garage or rear yard parking or storage area.

(v)

Unless part of structure having three or more dwelling units having a design approved by the planning heritage and design commission, a dwelling units' front door shall face the street.

[5]

Special districts: Areas where efforts should be focused to maximize the development or redevelopment potential of the corridor.

a.

Infill districts are represented by a property or group of properties where vacant or open lands provide an opportunity for new development which can energize additional reinvestment in the existing built environment. At the date of this section's adoption, infill districts are identified as follows:

(i)

In the Durand-Elmwood Corridor District:

aa.

Lands south of Winthrop Avenue (extended).

(ii)

In the Horlick Character District:

aa.

Southeast corner of Westwood Drive and Howard Street.

bb.

Northwest of the intersection of Westwood Drive and Northwestern Avenue (Gilmore School street frontage).

cc.

Southwest Corner of St. Patrick Street and Summit Avenue.

dd.

Northeast corner of Summit Avenue and English Street.

ee.

Southwest corner of Summit Avenue and High Street.

(iii)

In the North Beach Character District:

aa.

Southwest and southeast corners of Walton Avenue and North Wisconsin Street.

bb.

Northwest corner of North Main Street and High Street (50 to 100 feet north of High Street).

cc.

Northeast corner of Kweaunee Street and North Wisconsin Street.

dd.

1100 Block of Chatham Street (east side).

ee.

1129 Michigan Boulevard.

ff.

Northwest corner of Colbert Street and North Wisconsin Street.

(iv)

In the Pershing Park Overlay District:

aa.

Northeast of the eastern terminus of Ninth Street.

bb.

Northeast of the eastern terminus of Twelfth Street.

(v)

In the Racine Street Character District:

aa.

Sixteenth Street, from Racine Street to Grand Avenue (south side)

bb.

Fourteenth Street, from Racine Street to Grand Avenue (north side)

cc.

Racine Street, from Sixteenth Street to Fourteenth Street (west side)

dd.

Racine Street, at the intersection of Thirteenth Street (northwest and southeast corners)

ee.

Racine Street, at intersection of Fourteenth Street (northeast and southeast corners)

ff.

Racine Street at intersection with Sixteenth Street (northwest, southwest and southeast corners)

gg.

Racine Street, at the Intersection of DeKoven Avenue (northeast and northwest corners)

hh.

Racine Street, at the intersection of Caron Buttler Drive (northeast and southwest corners).

(vi)

In the State Street Corridor District:

aa.

Northwest Corner of South Memorial Drive and Liberty Street.

bb.

Northeast corner of the intersection of Mound Avenue and the Chicago Northwestern Rail Road right-of-way.

cc.

1220 Mound Avenue (northern parking lot area fronting Mound Avenue).

dd.

1101 Mound Avenue (southern half of property).

ee.

940 Peck Street

ff.

705 State Street (southeast corner of State Street and Superior Street).

gg.

705 State Street (800 block of Ontario Street - west side).

hh.

1321 State Street.

ii.

1348 to 1414 State Street.

jj.

1014 Dr. Martin Luther King Jr. Dr.

kk.

1111 West Street.

ll.

920 Superior Street.

mm.

Northwest Corner of State Street and Huron Street.

nn.

Northeast corner of State Street and Douglas Avenue.

(vii)

In the Taylor Avenue Corridor District:

aa.

Northwest corner of Eighteenth Street and Taylor Avenue.

bb.

East side of Taylor Avenue, 1700 block.

cc.

1950 Taylor Avenue (large tract of vacant land northeast of building.

(viii)

In the Three Mile Road Corridor District:

aa.

West and northwest of the intersection of North Bay Drive and Steeplechase Drive.

bb.

300 ± feet south of the intersection of Three Mile Road and North Main Street (east side of North Main Street).

cc.

Vacant lands between Ruby Avenue and North Main Street (3700—3800 block).

(ix)

In the Westgate Corridor District:

aa.

Vacant lands 5100 block of Washington Avenue (south side of Washington Avenue.

bb.

Southwest corner of Thirteenth Street and Perry Avenue.

cc.

Northwest corner of Thirteenth Street and Perry Avenue.

dd.

South side of Wright Avenue between Perry Avenue and Ohio Street.

b.

Design standards for infill districts:

(i)

For new buildings and accessory structures, the mass as defined by building height, ground level building foot print and the overall building floor area ratio should not exceed twice that of built-upon properties within 200 feet of the property lines of an infill district site. Unless otherwise authorized by other sections or procedures of this chapter, building mass allowances of the underlying zoning district shall be complied with. In the North Beach District along lot fronting Chatham Street, the height of new structures may be up to two and one-half times that of adjacent existing development yet must be design with neighborhood compatibility in mind when considering exterior materials, textures, lighting, color pallet, setback, screening, landscaping, function, and overall architectural treatment.

(ii)

Building design should be consistent with properties within 200 feet of the property lines of an infill site. "Consistent" means that the architectural expression of any new building or accessory structure should reflect the dominant architectural details, materials, forms and styles of the existing built environment. Exceptions to this standard may be permitted in consideration for design innovation, design exceptionalism, energy efficiency and sustainability.

(iii)

Fencing design should be consistent with the architectural character of the buildings on the site, but in no case should chain link, cyclone or other wire-type fencing be install. Fencing shall be installed in a manner consistent with sec. 114.642.57(3) b., and with all other sections of this chapter. In the Racine Street Corridor District fencing should be installed having a minimum of a six feet setback from any front or side street property line, and be landscaped in a manner to be approved by the director of city development.

(iv)

Signage shall comply with section 114-642.57(4)a.(v).

(v)

Landscaping shall comply with section 114-642.57(4)a.(iii)

c.

Renovation and renewal districts are represented by a property or group of properties providing an opportunity for sustainable and adaptive reuse of existing buildings which can energize additional reinvestment in the built environment. At the date of this section's adoption, renovation and renewal districts are identified as follows:

(i)

In the Durand-Elmwood Corridor District:

aa.

Lands south of Durand Avenue and north of Winthrop Avenue (extended).

(ii)

In the Horlick Character District:

aa.

Northwest corner of Layard Avenue and Mt. Pleasant Street.

bb.

Northwest corner of Rapids Drive and Mt. Pleasant Street (Rapids Plaza lands).

cc.

Northwest corner of Northwestern Avenue and Albert Street.

dd.

1400 and 1500 block of North Memorial Drive (Racine Steel Castings redevelopment area).

ee.

Northwest corner of Hagerer Street and North Memorial Drive.

(iii)

In the North Beach Character District:

aa.

Lands in the 500 block of Walton Avenue (north side).

bb.

Lands in the 200 block of Goold Street.

cc.

Lands on the east and west sides of Chatham Street from the 1200 block to the 2000 block.

dd.

Northeast, southeast and southwest corners of North Main Street an High Street.

ee.

Northwest corner of North Main Street and Hamilton Street.

ff.

Northwest and northeast corners of North Main Street and Dodge Street.

gg.

1100 block of North Main Street (east side).

hh.

South side of Reichert Court.

ii.

1100 block of Michigan Boulevard (west side).

jj.

200 block of Hamilton Street.

(iv)

In the Pershing Park Overlay District:

aa.

Northeast corner of Eight Street and Lake Avenue.

bb.

800 block of Lake Avenue (east side).

cc.

800 block of Lake Avenue (west side mid-block).

dd.

Northeast Corner of Ninth Street and Main Street.

cc.

70 block of 11 ^th Street (north side).

(v)

In the Racine Street Character District:

aa.

Racine Street, at the intersection of Thirteenth Street (northeast corner).

bb.

Racine Street, at intersection of Fourteenth Street (southwest corner).

cc.

Racine Street, at the Intersection of DeKoven Avenue (southeast and southwest corners).

dd.

Racine Street, at the intersection of Twentieth Street (northeast, northwest and southeast corners)

ee.

Racine Street, at the intersection of Caron Buttler Drive (northwest and southeast corners).

(vi)

In the State Street Corridor District:

aa.

Northeast corner of State Street and North Memorial Drive.

bb.

946 Garfield Street.

cc.

Southeast corner of State Street and Union Street.

dd.

Southwest corner of State Street and Marquette Street.

ee.

Southeast corner of State Street and Marquette Street.

ff.

Southeast corner of Marquette Street and Liberty Street.

gg.

900 and 1000 blocks of State Street (north side)

hh.

953 Superior Street.

ii.

1134 Dr. Martin Luther King Jr. Drive.

jj.

1112 Frederick Street.

(vii)

In the Taylor Avenue Corridor District:

aa.

Northeast and southeast corners of Taylor Avenue and Sixteenth Street.

bb.

Properties in the vicinity of the intersection of Kearny Avenue, Taylor Avenue and Seventeenth Street.

cc.

Properties in the 1700 to 1800 blocks of Taylor Avenue.

dd.

Properties in the 1900 to 2000 blocks of Taylor Avenue.

ee.

Northeast, northwest and southwest corners of Taylor Avenue that Twenty-First Street.

(viii)

In the Three Mile Road Corridor District:

aa.

Lot at 4020 Erie Street (270 feet north of the intersection of Three Mile Road and Erie Street).

bb.

Northeast corner of Three Mile Road and Eerie Street.

cc.

Open lands at 3825 Erie Street (southeast corner of Greenfield Road and Erie Street).

dd.

Southeast corner of Three Mile Road and North Main Street.

(ix)

In the Westgate Corridor District:

aa.

4700 to 5100 blocks of Washington Avenue (north side).

bb.

4600 Block of Washington Avenue (north and south sides).

cc.

Southwest corner of Washington Avenue and Ohio Street.

dd.

1200 and 1300 blocks of Perry Avenue (east side).

ee.

1200 and 1300 blocks of Ohio Street (west side).

ff.

Unimproved lands in 1300 block of Ostergaard Avenue (east end of Athens Avenue).

gg.

Unimproved lands in 1500 block of Ostergaard Avenue (east side).

hh.

Unimproved lands at northeast corner of Sixteenth Street and Perry Avenue.

d.

Design standards for renewal districts:

(i)

Reserved.

(ii)

For unimproved or under-utilized lands, the plans referenced for each district should be consulted for guidance. In general, development should be compatible with adjacent and the final total mass of any new structures, as measured in height and building foot print, should not exceed twice that of the built-upon properties within 200 feet of the new structure. In the North Beach District along lot fronting Chatham Street, the height of new structures may be up to two and one-half times that of adjacent existing development yet must be design with neighborhood compatibility in mind when considering exterior materials, textures, lighting, color pallet, setback, screening, landscaping, function, and overall architectural treatment.

(iii)

For the renovation, renewal or preservation of existing buildings and accessory structures, the mass as defined by building height, ground level building foot print and the overall building floor area ratio should be maintained. Additions or extensions should not exceed that of the existing structure, and the final total mass should not exceed twice the pre-renovation mass, and total mass should not exceed twice that of the built-upon properties within 200 feet of the property lines of a renewal district site. Unless otherwise authorized by other sections or procedures of this chapter, building mass allowances of the underlying zoning district shall be complied with.

(iv)

Building design should be consistent with properties within 200 feet of the property lines of an infill site. "Consistent" means that the architectural expression of any work involving renovation, restoration or renewal should reflect the historical architectural details, materials, forms, styles and craftsmanship of the existing building. Exceptions to this standard may be permitted in consideration for design innovation, design exceptionalism, energy efficiency and sustainability.

(v)

Fencing design should be consistent with the architectural character and period of the buildings on the site, but in no case should chain link, cyclone or wire-type fencing be installed. Fencing shall be installed in a manner consistent with section 114.642.57(3) b., and with all other sections of this chapter. In the Racine Street Corridor District fencing should be installed having a minimum of a six feet setback from any front or side street property line, and be landscaped in a manner to be approved by the director of city development.

(vi)

Signage shall comply with section 114-642.57(4)a.(v).

(vii)

Landscaping shall comply with section 114-642.57(4)a.(iii)

(Ord. No. 0002-21, pt. 7, 2-2-21)

Amendments to an approved access corridor development plan shall require approval in the same manner required for the original development plan.

(Ord. No. 31-90, pt. 1, 9-18-90)

No development plan approval under this article shall be valid for a period longer than one year from the date of approval unless a building permit is issued and construction is actually begun within that period. Time extensions may be provided by the director of city development provided the applicant demonstrates that there are circumstances, difficulties or practical hardships which make compliance with the original one-year approval period unreasonable.

(Ord. No. 31-90, pt. 1, 9-18-90)

(a)

Over time, the use for which a property was developed may become obsolete due to economic, demographic, or technological change. The property, including structures, site improvements, and infrastructure, may have redevelopment potential for alternative use or uses. Flexible zoning regulations can facilitate the redevelopment of such properties, thereby minimizing vacancy and abandonment of property, promoting environmentally sound reuse of structures and infrastructure, and protecting surrounding property from adverse effects of new uses of the property that could occur if unregulated.

(b)

The flexible development overlay district is intended to permit redevelopment of property in circumstances in which a property, including its structures, site improvements and infrastructure, is suitable for reuse but the reuse is not consistent with the underlying zoning district, rezoning to another classification would permit other uses potentially detrimental to surrounding properties, and any potentially adverse effects of the intended reuse can be mitigated by conditions on the reuse.

(Ord. No. 5-06, pt. 4, 2-23-06)

(a)

Uses in a flex development may at times not coincide with those anticipated within the underlying zoning district. However, uses in a flex development shall be compatible with existing, proposed and anticipated uses, and shall not be a detriment, a nuisance or injurious to other permitted uses or properties in the area.

(b)

Any permitted use and conditional use as permitted in the underlying zoning district is permitted in the flex development overlay district unless expressly prohibited by the use supplement.

(c)

Other uses may be permitted in accordance with those contained in the use supplement as developed by the chief building inspector, in consultation with the director of city development, and submitted to the planning, heritage, and design commission and common council. A use supplement adopted by resolution of the common council shall list all those additional uses which, when applying good and reasonable judgment, are determined to not be detrimental to the subject, adjacent and area properties.

(d)

Minor and major changes to the use supplement shall be permitted as follows: minor changes may be approved by the chief building inspector but in consultation with the director of city development, and major changes shall require approval of the common council in accordance with section 114-648.

(Ord. No. 5-06, pt. 4, 2-23-06; Ord. No. 0026-19, pt. 89, 11-12-19)

The planning, heritage, and design commission shall not recommend approval of a use supplement and the permitted uses contained therein unless the planning, heritage, and design commission finds that:

(a)

The establishment, maintenance, or operation of the uses will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(b)

The uses will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(c)

The establishment of the uses will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the underlying district;

(d)

Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(e)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets;

(f)

The proposed uses will neither have an adverse impact nor set an undesirable precedence with relation to the objectives of the current land use plan for the area or the city;

(g)

Adequate conditions have been included in the use supplement that advance the goals of the preceding standards.

(Ord. No. 5-06, pt. 4, 2-23-06; Ord. No. 0026-19, pt. 90, 11-12-19)

(a)

Amendments to designate the flex development overlay district shall be accomplished in accordance with article II, division 4 of this chapter.

(b)

The recommended use supplement shall be presented at the time of the hearing before the planning, heritage, and design commission for the flex development overlay amendment request and considered concurrently as the ordinance amendment proceeds.

(Ord. No. 5-06, pt. 4, 2-23-06; Ord. No. 0026-19, pt. 91, 11-12-19)