a.

Purpose. The OT-O Old Town Overlay District is intended to recognize the special location, architectural character and proposed land-use mix of the Old Town area within the City of Wichita by allowing appropriate deviations from the standards of the Underlying base District. The design review provisions applicable within the OT-O are intended to preserve the area's special historic and architectural character and to protect private property values and public investments in and near the Old Town area by ensuring that the exterior alterations to buildings and grounds are undertaken with sensitivity to the area's special character. The OT-O district is an Overlay District; property within the district shall comply with the Overlay District regulations of this section and the standards of the Underlying District. In the case of conflict between the regulations in this section and those of the Underlying zoning District, the regulations in this section shall prevail.

Two special Subdistricts of the OT-O district are recognized. Both of these Subdistricts are special in that they have unique differences from the remaining OT-O district; however, both of the Subdistricts are consistent with the above stated purpose and intent of the OT-O. The first is the Theater Subdistrict ("OT-O/TH"); this Subdistrict is generally located between 2nd Street North and 3rd Street North, and between Rock Island Avenue and the BNSF Railroad tracks. Some design standards of the OT-O/TH Subdistrict differ from those of the remaining OT-O, recognizing that all the buildings are new construction and that a multi-screen cinema is the anchor of a planned, high-energy, entertainment area.

The second special Subdistrict is the Northeast End Subdistrict (OT-O/NE), generally located north of 2nd Street North and east of Rock Island Avenue. The Parking requirements for this Subdistrict differ from the remaining larger OT-O, recognizing more limited Parking circumstances. Buildings in this Subdistrict cover most of the Lot area, with little land available for Parking and no plans to develop public Parking. Therefore it is appropriate to relax some Parking standards in order to encourage redevelopment while preserving the existing Buildings.

b.

Use regulations. The Use regulations of the underlying zoning District shall control within the OT-O District, provided however, that all Uses allowed as Permitted and Conditional Uses within the residential zoning Districts shall also be allowed as Permitted or Conditional Uses, respectively, in the OT-O District; except that any Sexually Oriented Business in the City shall not be allowed as a Permitted or a Conditional Use.

c.

Special parking regulations. The following special Parking regulations shall apply within the OT-O District.

(1)

Residential. Parking for residential dwellings shall be provided at a minimum ratio of one Parking Space per Dwelling Unit.

(2)

Taverns and Drinking Establishments, Nightclubs (when permitted) and Restaurants

(a)

Restaurants shall provide off-street Parking at a minimum ratio of one Parking Space for every four occupants permitted.

(b)

Taverns and Drinking Establishments, Nightclubs (when not qualifying as an "Adult Entertainment Establishment" of the Code of the City of Wichita) shall provide off-street Parking at a minimum ratio of one Parking Space for every three occupants permitted.

(3)

Retail and office. Parking for retail and office Uses shall be provided at a minimum ratio of one Parking Space per 300 square feet of Floor Area.

(4)

Theaters. Parking for theaters shall be provided at a minimum ratio of one Parking Space for every four seats.

(5)

Public assembly. Public assembly uses, except those that have parking requirements specified elsewhere in this regulation, shall provide the following minimum amounts of off-street Parking:

(a)

Concentrated use assembly areas (e.g., auction rooms, Auditoriums, lodge rooms, reviewing stands, etc. that typically do not have fixed seats, but if chairs are provided they are not accompanied by a table) - one Parking Space per 28 square feet of Floor Area used for public assembly;

(b)

Less concentrated use assembly areas that may have fixed seats and tables (e.g., bingo parlors, conference rooms, exhibit rooms, museums, galleries, etc.) - one Parking Space per 60 square feet of Floor Area used for public assembly.

(6)

Parking districts. When additional off-street Parking is required to be provided for a new Building or an addition or a change of Use to all or a portion of a Building, the requirements shall be waived if the property for which the Parking is required is located within the boundaries of a parking district established by the Governing Body and if the property owner meets other requirements as established by resolution of the Governing Body.

(7)

Northeast End Subdistrict. Special Parking standards for the Northeast End Subdistrict are as follows:

(a)

The requirements for a shared parking plan written agreement and provision for revocation of occupancy permit (Secs. IV-A.9.c and IV-A.9.d) shall be waived for Parking Spaces shared or leased to meet the off-street Parking requirements for a use if: such parking is available to the general public; is paved, dimensioned, and marked in accordance with the requirements of this Code and the City Engineer; is not needed to meet off-street parking requirements for other uses at the same time; and the lease is current and placed on file with the Office of Central Inspection.

(b)

Off-street Parking shall be allowed on Parking Areas east of Washington Street in compliance with off-site Parking requirements except for separation by an arterial Street (Sec. IV-A.10.b).

d.

Design review standards and procedures

(1)

Review procedures

(a)

Applicability. Except as provided in Secs. III-C.4.d(3) and III-C.4.d(4), no alterations to Building exteriors, including painting, nor alterations to fences, grounds or temporary on-site Signs may be made, and no permits involving alterations to building exteriors, or permits for Signs, sidewalks, driveways or demolition shall be issued by the Office of Central Inspection for any Structure or Site located wholly or partially within the OT-O district until an application for such permit has been reviewed for compliance with the design standards of this section and approved by the Planning Director, with the concurrence of the Zoning Administrator.

(b)

Application. An application for a permit with the OT-O district shall be submitted in a form required by the Planning Director. A complete application should include, as necessary, to-scale drawings, elevations, sections, relevant plans of Site and/or immediate environs if appropriate, and shall indicate materials and colors to be used, as well as any other information the Planning Director deems necessary to conduct an adequate review of the application.

(c)

Action. After reviewing the completed application, the Planning Director with the concurrence of the Zoning Administrator shall approve, approve with conditions or modifications, or deny the request, in accordance with the design standards of this section. Any property Owner in the OT-O may appeal the decision of the Planning Director to the Board of Zoning Appeals.

(d)

Time limit on action. If within ten days from the date of receipt of a complete application by the Planning Director, no action has been taken on the application, the Office of Central Inspection may issue the necessary permits and the project may proceed. This time limit may be waived by mutual consent of the applicant and staff. It shall not apply if Historic Preservation Board review is required pursuant to Sec. III-C.4.d(1)(e).

(e)

Historic Preservation Board review. Projects involving Lots 2-18 of the 700 Block of East Douglas, East Wichita Addition, being included in the East Douglas Historic District (H 85-1) and projects in the "environs" (as defined by state law) of a Building on the State or National Register, shall be reviewed by the Historic Preservation Board in accordance with these standards.

(2)

Design standards

(a)

General

1)

Alterations should be respectful of the character of one of Wichita's earliest commercial and warehousing districts whose architectural type and elements represent a style unique to the past. The OT-O District encompasses that section of Wichita that historically was its jobbing, wholesale and warehouse district, laid out on a gridiron street pattern. Red brick warehouse and commercial structures predominate, exemplifying the industrial and Italianate commercial architectural styles of the early Twentieth Century. Warehouse Structures are trimmed in limestone, with mullioned windows, and commercial Buildings have large, plate-glass windows. Roofs are generally flat and tarred, although some are trimmed with red or green clay tiles. Doors are of wood or metal, and are found both at grade and at loading-dock height. The Buildings are no more than four and one-half stories in Building Height, and have uniform Setbacks.

2)

The Building Height of all new Buildings and Building additions should be limited to the shorter of four and one-half stories or 50 feet.

3)

For each Structure, the roofing materials visible from the street should be matching clay or synthetic tiles similar to clay in size, color and appearance, or of sheet metal, standing-seam or metal shingle construction; the exterior of the wall of each building should be finished in red or brown brick and trim of wood, metal, terra cotta or other glazed tile, glass block, limestone or grey concrete.

4)

Mirrored glass windows for Buildings should not be used.

5)

Metal windows and doors should be anodized or properly primed and enameled.

6)

Awnings or canopies should be made of metal or of cloth material.

7)

Walkway coverings should be of sheet metal, metal shingles or of standing-seam construction, or of canvas or cloth.

8)

Colors used in painting building exteriors should favor earth tones.

9)

Iron railings should be of utilitarian styling as represented in the District.

10)

Permanent fences should avoid wire materials whenever possible.

(b)

Standards for rehabilitation/remodeling

1)

Facades should be retained.

2)

Existing windows and openings should be retained.

3)

Tile roofs and/or trim should be retained.

4)

Architectural features, such as enriched cornice window heads, enriched trim, cast-iron elements, should be retained.

5)

Additions to Buildings should be compatible in appearance by coordinating style, materials, scale and detail with the original Buildings in the District.

6)

All remodeling or rehabilitation of exteriors should ensure the visual integrity of the building, and be compatible with the overall architectural character of the District.

7)

Facades that have been hidden since original construction should be restored in conjunction with any facade rehabilitation work.

8)

Accessory Buildings should generally be compatible with the other structures on the Street and be subject to these guidelines.

9)

Routine maintenance, repairs or replacements of elements on portions of existing facades shall not require an applicant to bring the entire facade into compliance with these standards.

10)

Repainting of surfaces with colors that duplicate the existing colors shall be permitted.

11)

Existing doors and windows may be replaced with new products of design and/or materials similar to those which existed at the time of passage of this Code.

(c)

Standards for new construction

1)

All Building designs should be compatible with the major elements of the historical architecture within the District. Red brick Buildings with limestone or grey concrete trim are encouraged.

2)

All Buildings should be set back from the Street uniformly to present a continuous facade line along the Street, except that minor recesses or projections for entries, arcades and similar elements may be acceptable.

3)

Off-street Parking should be screened along Street frontages with Landscaping and/or low brick walls and otherwise be designed in compliance with applicable Landscaping regulations.

4)

Mechanical or electrical equipment and trash receptacles should be hidden or screened from Street level view.

(d)

Signs. Signage within the OT-O district shall be subject to the provisions of the Sign Code of City of Wichita, as well as the following requirements.

1)

General design standards

a)

All Signs, including interior and exterior window Signs, must be approved as to design, colors, materials, placement, method of attachment, method of illumination (if applicable).

b)

No illuminated Sign may contain flashing or moving elements or change its brightness, except as otherwise provided in this division; except that within the OT-O/TH Subdistrict, illuminated Signs may contain flashing and moving elements and may change brightness; but such Signs shall not include strobe lights or any lights which could be mistaken for emergency vehicle lighting.

c)

Signs must be illuminated indirectly, except that individual letters may be backlit; and in the OT-O/TH Subdistrict, a theater marquee Sign may be backlit.

d)

The use of plastic on the exterior of a Sign is prohibited; except for individual backlit letters, and in the OT-O/TH Subdistrict, a theater marquee sign may be plastic.

e)

The use of a fluorescent color on a Sign is discouraged.

f)

The use of neon and/or incandescent bulbs is allowed.

g)

No Sign nor part of a Sign may move or rotate, with the exception of a wind device, the motion of which is not restricted; except that within the OT-O/TH Subdistrict, a Sign or part of a Sign may move or rotate.

h)

For buildings with multiple tenants, one Sign for all tenants is encouraged.

i)

Window Signs should be painted or gold-leafed directly on windows.

j)

The repainting of faded or "ghost Signs" on brick exteriors is encouraged.

k)

Whenever possible, painted Signs should be placed in bands within the space above or below windows.

l)

Letter forms should not be overly intricate nor of overtly modern styling. Suitable letter forms include, but are not limited to, the following: Helvetica, Helvetica Medium, Univers 55, Univers 65, Optima, Optima Semi-bold, Melior, Craw Clarendon, American Typewriter Medium.

m)

Logos and symbols may be incorporated into signage, but must otherwise conform to the criteria contained in these guidelines.

n)

Off-site advertising Signs should be directional in nature, and shall be limited to advertising for enterprises within the district.

2)

Building Signs

a)

Building Signs overhanging the public way are permitted, except that no Sign should project more than eight feet from the vertical plane of the Building; except for a theater marquee Sign in the OT-O/TH Subdistrict.

b)

Building Signs should be located so as not to dominate the Building, and so as to emphasize architectural elements; such Signs should not obscure architectural details or cover windows or moldings.

c)

No more than one temporary on-site Sign may be displayed on a premise at any given time.

d)

Window Signs and temporary on-site Signs attached to or painted on a window may not cover more than 25 percent of the window surface area.

3)

Pole and ground Signs

a)

No pole or ground Sign should have an effective area greater than 32 square feet.

b)

No pole and ground Sign should have a total height greater than 15 feet.

c)

Portable Signs shall be limited to unlit A-frame signs, and shall require a minor street permit if in the Street right-of-way, and shall not obstruct pedestrian traffic nor impede vehicular traffic.

d)

No portable Sign may exceed a height of four feet and a total area of 12 square feet.

e)

No more than one portable sign may be displayed on a premise at any given time.

4)

Canopy Signs. All canopy signs shall be subject to the provisions of Chapter 23 (for awnings, canopies and marquees) of the Code of the City of Wichita, as well as the following requirements.

a)

No canopy Sign should be lower than eight feet above walking grade.

b)

No canopy sign should project vertically above the surface of the canopy or awning.

(3)

Exceptions and modifications

(a)

Alterations that are not visible from public Streets or Alleys shall be exempt from the OT-O District design standards and review procedures.

(b)

The design standards in this section shall be modified or waived by the Planning Director, with the concurrence of the Superintendent of Central Inspection, to allow for alterations that are required in order to maintain the continued functional viability of existing Uses, or in extraordinary situations of Development characteristics, economic hardship or other circumstances, provided that the purposes and intent of these standards are maintained through such interpretation.

(4)

Emergency repairs. The Superintendent of Central Inspection may waive the standards and review procedures of this section in instances in which emergency repairs are required, provided that subsequent repairs comply with these standards.

(5)

Conflicts with other Code provisions. No section of this Code shall be construed to compel alterations that will conflict with any health or safety codes, or prohibit any alterations that are required to bring Buildings into compliance with the Building Code.