§ 152.030 TOWN CENTER OVERLAY DISTRICT (TC DISTRICT).

   (A)   Purpose. This district implements the city’s Town Center plan. The district is intended to create a pedestrian-oriented, mixed-use downtown core and preserve and enhance the historic buildings and character of the key historic period of the Town Center which is dated prior to 1950. Existing buildings in the downtown core reflect architectural styles that were popular as late as the 1940s. The most recognized features from this timeframe are:

      (1)   Buildings with no setback from the sidewalk;

      (2)   Uniform architectural rhythm of alternating columns and bays;

      (3)   Large storefront display windows at street level suitable for commercial use;

      (4)   Upper stories with “punched” masonry openings and double-hung windows;

      (5)   Articulated parapets and cornices that vary from building to building;

      (6)   Masonry as the predominant building material;

      (7)   Signs featuring neon, large blade signs above the canopies;

      (8)   Signs in windows oriented towards pedestrians set at eye level;

      (9)   Existing buildings should be restored with the historic design guidelines identified in this section; and

      (10)   All new structures, additions and uses must be compatible with historic forms described in this section, and the prevailing character of the surrounding area to create harmony between the existing architectural character and new elements introduced into the Town Center.

   (B)   Relationship to base zoning. In cases of conflict, this overlay district supersedes the standards of the underlying zone.

   (C)   Uses permitted outright. The following uses are permitted outright in the TC District:

      (1)   Uses and structures lawfully existing on the effective date of the original adoption of the Town Center Overlay District which are non-conforming shall be deemed legal non-conforming and may be altered and/or expanded consistent with § 152.073.

      (2)   Residential uses:

         (a)   Upper floor residential (single-family and multi-family);

         (b)   Housing for the elderly or disabled; and

         (c)   Ground floor residential uses (single-family and multi-family) occupying less than 25% of the ground floor of commercial buildings, provided that commercial storefronts are maintained on the street front.

      (3)   Commercial, educational and professional uses, operations and activities:

         (a)   Commercial retail;

         (b)   Commercial services, financial services and professional services;

         (c)   Cultural facilities;

         (d)   Day care;

         (e)   Galleries or studios for dance, art and photography;

         (f)   Hotels;

         (g)   Medical, dental and veterinary clinics;

         (h)   Pharmacy;

         (i)   Restaurants;

         (j)   Theaters; and

         (k)   Upper floor clubs or lodges.

      (4)   Public facilities including:

         (a)   Governmental offices;

         (b)   Libraries;

         (c)   Museums;

         (d)   Parks;

         (e)   Plazas;

         (f)   Open space; and

         (g)   Postal services.

      (5)   Any uses in buildings incidental/secondary/accessory to a permitted use, such as incidental storage; and

      (6)   The Historic Retail Overlay District located on Main Avenue, between First Street and Fourth Street, is limited to the following uses with both located on the ground floor spaces facing the street.

         (a)   Commercial retail; and

         (b)   Commercial services, described in division (C)(3) above.

   (D)   Uses permitted through the conditional use permit process. The following conditional uses may be permitted subject to a conditional use permit as per the provisions of § 152.071.

      (1)   Indoor recreation facilities;

      (2)   Other public facilities (not listed above);

      (3)   Manufacturing, as described in § 152.022; and

      (4)   Urban farming/agriculture.

   (E)   Prohibited uses. The following uses are prohibited in the Town Center Overlay District: commercial marijuana production. Marijuana facilities where marijuana is produced and registered with the State Health Authority (OHA) or the State Liquor Control Commission (OLCC).

   (F)   Review requirements. Site plan review is required for development in the Town Center consistent with § 152.070, and in addition to the review process (identified in division (F)(9) below), the applicant shall submit a development proposal for the following elements, as applicable to the proposal as determined by the City Planner.

      (1)   Pedestrian plan. A pedestrian circulation plan that provides adequate pedestrian access in the vicinity and within the project. The plan must provide compacted, safely lighted walkways and entrances suitable for use by the handicapped.

      (2)   Traffic plan. A traffic plan that provides adequate vehicle circulation in the vicinity of and within the project. The traffic plan must coordinate internal and external transportation networks, including bikeways and mass transit to extent possible. Traffic noise must be minimized.

      (3)   Loading plan. A plan for loading dock or space that provides adequate room for safe truck backing and turning movements.

      (4)   Open space plan. A plan assuring that alterations and additions to existing buildings, and new construction, are compatible with neighboring properties in terms of the relative proportion of impervious/covered area to open space. Any landscape alterations for commercial, fabrication, educational or professional uses shall be made in accordance with the standards contained in § 152.015.

      (5)   Parking plan. A parking plan describing the impacts upon the city’s parking program for both automobiles and bicycles, unless adequate on-site parking can be provided without damaging the integrity of the property.

      (6)   Public safety plan. A plan for minimizing the likelihood of criminal activity by eliminating areas that are neither clearly private nor clearly public and by using landscaping that allows maximum observation while providing desired aesthetics.

      (7)   Perimeter plan. A plan for the perimeter of the project to protect adjacent properties from noise, visual incompatibility, light glare, heat pumps, fans or other potential nuisances. This may be accomplished through screening, setbacks, siting or other means.

      (8)   Projects not requiring public hearing. Projects that are limited in scope or minor alterations (as defined in § 152.070) can be handled administratively and shall not require a public hearing before the City Planning Commission, but will require a public notice and the opportunity for appeal in accordance with § 152.076.

      (9)   Review process. Site plan review within the TC Overlay District shall be conducted before the City Planning Commission, as specified below:

         (a)   For a new structure;

         (b)   For an exterior structural addition, exterior extension, exterior remodeling or other exterior development that does not increase the useable mass of the building, site plan review is not required and compliance with the standards in this section shall be processed as an administrative action;

         (c)   For an exterior structural addition, exterior extension, exterior remodeling or other exterior development which increases the useable mass of the building; and

         (d)   In processing administrative requests, the City Planner may waive selected submittal requirements if they are not necessary to determining compliance with this section. In addition, the City Planner may forward any request to the Planning Commission for review if the scale or nature of the proposal merits broader review.

      (10)   All reviews shall meet the requirements listed in division (G) below.

   (G)   General provisions. All development in the Town Center Overlay District shall meet the following requirements.

      (1)   Height regulations. No building or structure (including signage) shall hereafter be erected, enlarged or structurally altered to exceed a height of 50 feet. For exceptions, see § 152.050.

      (2)   Density. For properties on Main Avenue between First Street and Fourth Street and Second Street between Ivy Avenue and Pacific Avenue, buildings shall be a minimum of two stories and a maximum of four stories, with a zero foot setback for all floors. Continuous storefronts shall occupy one hundred 100% of the parcel width at the front setback line.

      (3)   Lot requirements.

         (a)   Lot area. No maximum lot area.

         (b)   Lot width/depth. Building width:

            1.   The width should not exceed that which was traditional for the building styles of the Town Center dated prior to 1950; and

            2.   The width should maintain the traditional scale and proportion of the building style and be visually compatible with historic design as described in division (H) below and illustrated in division (H)(3). Where building sizes will not be equivalent or comparable, larger building facades shall be broken down into units that resemble the size of existing storefront facades.

         (c)   Front yard setback. Minimum of zero feet and a maximum of ten feet. The ten-foot maximum applies to the first 15 feet of building height only. Upper stories may step back for balconies or other outdoor space. For exceptions, see division (I) below. The ten-foot maximum setback area may be used only for plazas, outdoor seating or other useable pedestrian space related to the adjacent business. See division (G)(4)(b) below for building frontage requirements.

         (d)   Side yard setback. No requirements.

         (e)   Rear yard setback. No requirements.

      (4)   Site building design standards. The following standards are intended to promote a desired level of future development quality that will stimulate investment and strengthen economic vitality in the Town Center, and renew a positive physical image of the downtown core.

         (a)   Building orientation. All new buildings shall be oriented to public streets. Building orientation is demonstrated by placing buildings and their public entrances close to streets so that pedestrians have a direct and convenient route from the street sidewalk to building entrances. Off-street parking or vehicular circulation shall not be placed between buildings and streets used to comply with this standard.

         (b)   Building frontage. On sites with 100 feet or more of public street frontage, at least 80% of the site width shall be occupied by buildings placed within the maximum setback. For sites with less than 100 feet of public or private street frontage, at least 60% of the site width shall be occupied by buildings placed within the maximum setback.

         (c)   Differentiation between spaces. Differentiation shall be provided between ground-level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows or other features such as public art may also be used.

         (d)   Ground floor windows and openings in the surface of a structure. Ground floor windows and openings in the structure surface shall be provided on the first floor building facade that faces a street. The main front elevation(s) of buildings shall provide 60% to 80% windows, transparencies or other openings at the pedestrian level (on corner lots, this provision applies to two elevations).

         (e)   Commercial storefront. The continuous commercial fronts of the Town Center make for a consistent, pedestrian friendly streetscape for a wide variety of businesses. The storefront is predominately made up of glazing with only structure and decoration revealed. The upper stories consist mostly of walls with “punched” window openings. New construction and rehabilitation should maintain the continuity of the multi-story buildings and the clear distinction between street level storefront and upper floor offices or residences through facade treatment and articulation.

            1.   Entrances.

               a.   Primary entrances should be recessed, glazed and oriented to the street rather than to a rear or interior alley.

               b.   Tiled floors should be used as they are highly effective in marking the recessed entrance.

            2.   Windows.

               a.   Changing the location or size of windows or other openings that alter the architectural rhythm, alignment or character of the original building is prohibited.

               b.   Except for transom windows, windows should not break the plane of the facade.

               c.   Clear plate glass should be used for display windows, and they should be incorporated with transom windows.

               d.   Storefront windows shall be no closer than 18 inches from the ground (bulkhead height). The maximum bulkhead height for new construction should be 36 inches.

               e.   Vertical, double-hung windows, either singly or in groups, should be used on the upper levels.

               f.   When considering new window fenestration (window size, size of window panes, mullion type window materials), it is important that the new design be sympathetic and compatible with the facade theme of the whole block.

               g.   Obstructing or covering mezzanine windows is discouraged.

            3.   Storefront facades.

               a.   Vertical structural lines (columns, piers, window patterns) should be carried down to the ground. If the lower storefront materials are different, use similar colors and forms to integrate the building facade.

               b.   Non-historic materials above or below storefront windows (such as small areas of decorative stone) should be replaced with material of craftsmanship, color and texture that distinguishes historic from other buildings.

               c.   Street level columns and bays for display windows should be preserved or used. They should provide a clear visual division at the property line.

               d.   Doors should be accentuated with simple details such as a handsome brass door pull, brass kickplate or an attractive painted sign.

         (f)   Roof form.

            1.   Roof forms contribute to the identity of the Town Center because historically they were flat with parapets, false fronts or gables concealed by a parapet or false front, in contrast to the pitched roofs in the residential neighborhoods. New construction and rehabilitation should maintain the traditional storefront architecture of the downtown in articulation of its roof forms along the street edge.

               a.   Roof forms should be consistent with those commercial buildings of the key historic period of the Town Center which is dated prior to 1950.

               b.   Parapet and flat roofs are recommended. Pitched roof forms associated with residential structures are not recommended, unless concealed by a parapet.

               c.   Detailing of the parapets with patterned or relief cornices and stepping is recommended.

               d.   Tile, shake shingle and thick composition roofs are strongly encouraged. Standing seam metal, corrugated metal, fiberglass, high contrast or brightly colored glazed tile, and crushed rock roofs are prohibited.

            2.   Roof-mounted equipment (e.g., HVAC) shall be screened from view from the street by providing a parapet or cornice at least equal in height to the equipment and by painting the equipment to match the roof. For flat roofs, the parapet shall surround the perimeter of the building. Screening shall be compatible with rooflines and materials so that the rooflines are harmonious.

         (g)   Cornices and architectural detail. Cornices are important architectural elements. They give interest to the roofline, breaking up the flat lines of a straight parapet wall; they give a building its own individuality.

            1.   Repair existing cornices if they have been covered up, remove the applied materials and restore; if they have been removed, consider replacing.

            2.   Sheet metal cap flashing should be kept to a minimum unless the building has a flat parapet wall.

            3.   If a building has decorative architectural details, clean them to restore their original character or paint them in contrasting colors to accentuate them.

         (h)   Marquees. Marquees provide a “ceiling” for pedestrian traffic, which helps to give a sense of enclosure to the street and protection from the elements. All new or replacement awnings/overhangs must be marquee style.

            1.   Marquees should fit within window bays so as not to detract from architectural features of the building or obscure transom windows above display windows.

            2.   Marquees may pass over vertical columns or pilasters.

            3.   The color of the awning should be compatible with the building.

            4.   The marquees shall be flat, horizontal metal canopies suspended by chains or rods, if original, should be used as they provide cover for pedestrians and shade within the store.

            5.   The use of internally illuminated, plastic and/or barrel awnings are prohibited as they detract from architectural features with incompatible materials that are out of scale.

         (i)   Color. Color can dramatically affect the appearance of buildings and should be kept clean and in good repair and carefully considered in relation to the overall design of the building. Color can also affect the apparent scale and proportion of buildings by highlighting architectural elements such as doors and windows.

            1.   Historic masonry facades should not be painted.

            2.   Minimize the number of colors on the building’s exterior in order to maintain a cohesive appearance with minimum visual distraction. Commercial buildings shall use no more than four colors.

            3.   The color palette chosen for a building should be compatible with the colors of adjacent buildings in the Town Center.

            4.   Colors must be selected from the color chart approved by City Council resolution. Bright neon paint colors and large areas of intense white colors shall be avoided.

         (j)   Rear entrances.

            1.   Signs should be modestly scaled to fit the casual visual character of the alley or rear parking area.

            2.   An awning can soften rear facades and provide a pleasant protected space.

            3.   The rear entry door should be wood and glass similar to the front door.

            4.   Security lighting should be modest and should focus on the rear entry door.

            5.   Selective use of tree plantings, potted plants and other landscaping can subtly improve a rear facade.

            6.   Refuse containers and service facilities should be screened from view by solid masonry walls and landscaping to screen walls and help deter graffiti.

      (5)   Landscaping and screening. Landscaping and screening shall be required, in accordance with the following standards. (These standards apply in the TC District and supersede the landscape standards in other sections of this chapter.):

         (a)   All areas not occupied by structures, parking lots or pedestrian plazas that are visible from public right-of-ways shall provide landscaping. Landscaping shall include a mix of vertical and horizontal elements.

         (b)   Street trees shall be required on at least one side of all streets except Main and Pacific Avenues between First and Fourth Streets. Species should be compatible with the design features provided below, and shall provide continuity with nearby landscaping. Street tree species to be planted and minimum tree planting dimensions are described in § 152.053. A reduction to the number of required street trees may be granted when a development preserves healthy, mature tree(s) adjacent to the sidewalk.

            1.   Tree canopies shall be a minimum of ten feet diameter.

            2.   Trunk setback from curb shall be a minimum distance of two and one-half feet, maximum distance of three feet.

         (c)   Screening of parking areas, drives, mechanical equipment and solid waste receptacles with screening elements is required and shall be installed prior to building occupancy. Screening options include landscape plants, planters, ornamental walls, trellises, fences or other features approved by the City Planner.

         (d)   Drought-resistant vegetation is strongly encouraged. Irrigation systems shall be installed to support landscaping that is not drought-resistant.

         (e)   Streetscape:

            1.   The Town Center is a pedestrian friendly environment with a combination of features: storefronts, sidewalks, streetlights and other amenities. New construction and rehabilitation should contribute to making it an inhabitable place pleasant for walking, providing a buffer zone of parked cars between automobile traffic and pedestrians, reinforcing the rhythm of the street in accordance with the Town Center Master Plan and Resolution 1625.

            2.   The following items can be included as landscaping as required in § 152.053.

               a.   Places for public activities. Informational kiosks, historical markers and flagpoles are encouraged;

               b.   Drinking water fountains, places to sit and rest, places to stand out of the rain or sun with accessible benches out of pedestrian flow;

               c.   Removal of unsightly signs and unused sign supports; signs better relating to the pedestrian installed;

               d.   Streetlights and sidewalk elements not obscuring line of vision from automobiles;

               e.   Historically appropriate streetlights installed;

               f.   Trash receptacles attractive, serviceable, durable and easily maintained; and

               g.   Street trees on all streets in the Town Center Overlay District.

      (6)   Signs.

         (a)   Signs should not be the dominant feature of a building or site, yet they are a key component in identifying businesses and contributing to the livelihood of the street with their individuality. Standards in this section do not apply to window signs or signs in the right-of-way. Signs should allow for pedestrian and automobile traffic to identify businesses without detracting from the architecture or overpowering the streetscape. (Note: Signs that extend into the right-of-way (ROW) but are attached to the building and signs on the property require a sign permit for approval. Other signs not attached to buildings on property but located in the ROW require a ROW use permit for approval.)

 

         (b)   Signs in the Town Center Overlay shall be allowed subject to the following conditions.

            1.   On-building wall signs, canopy signs and blade signs attached to buildings shall be allowed subject to the following requirements.

               a.   A maximum of three such signs shall be allowed per street frontage building side.

               b.   On-building signs shall be incorporated into the design of the building, shall be compatible in scale and shall not be placed in locations which interrupt, detract from or change the architectural character and features of the building.

            2.   Marquee signs shall be allowed subject to the following requirements:

               a.   A maximum of three such signs shall be allowed per building side;

               b.   Must be located within one inch of the top and bottom of the marquee with no more than three businesses indicated per marquee; and

               c.   Marquee signs shall be incorporated into the design of the building, shall be compatible in scale and shall not be placed in locations which interrupt, detract from or change the architectural character and features of the building.

            3.   Lit and illuminated signs:

               a.   A maximum of one such signs shall be allowed per business.

               b.   All signs, if lighted, must be by indirect illumination or lit.

               c.   All lighted signs must be in a manner as to not disturb neighboring property.

            4.   The following provisions apply to all signs, except those exempt signs (listed in (G)(6)(b)5. below).

               a.   Signs shall be of rigid material, except for noncommercial flags or banners or single event signs.

               b.   Sign graphics, including borders, must be carved, molded, applied, cast, painted.

               c.   Projecting signs shall give a minimum vertical clearance from the ground or sidewalk of eight feet, from a driveway of 15 feet.

               d.   All signs will be securely anchored and maintained to ensure public safety.

               e.   Signs shall be maintained in a neat and clean manner.

               f.   Neon signs are to be located above the marquee/canopy.

               g.   All molded plastic or acrylic signs must conform to the style of the era from the 1940s to 1950s.

               h.   Signs at the rear side of the buildings should be modestly scaled to fit the casual visual character of the alley or rear parking area.

 

            5.   Signs in the Town Center exempt to these requirements and are not included in the required sign face area:

               a.   Portable signs;

               b.   Window signs;

               c.   Incidental signs;

               d.   Temporary signs advertising the sale, rental or lease of commercial or industrial premises, or identifying a property developer, lease agent or builder;

               e.   Real estate signs and shall meet the requirements listed in § 152.055; and

               f.   Political signs and shall meet the requirements listed in § 152.055.

      (7)   Off-street parking, loading and circulation requirements.

         (a)   For commercial uses in the Town Center Overlay District, off-street parking is not required. For residential uses, parking shall be provided at a minimum of one space per dwelling unit and a maximum of one space per bedroom. Exceptions to the minimum requirement may be approved by the city when it is demonstrated that the type of housing proposed does not require parking, and/or when it is shown that use of on-street spaces during off-peak hours will provide adequate parking for the area. Civic uses shall provide parking consistent with the requirements of § 152.054.

         (b)   Off-street parking lots shall be placed to the side or rear of buildings in accordance with the building orientation standards as described in. All vehicular driveway entries shall be patterned to differentiate them from sidewalks.

         (c)   For corner lots, parking areas shall not be located within 20 feet of an intersection, as measured from the midpoint of the curb return arc to the edge of the parking area (curb or wheel stop) on corner lots.

         (d)   Loading and service areas (e.g., trash enclosures) shall be located in such a manner to minimize conflicts with public pedestrian areas, and shall be screened with plantings, shall provide convenient access for trucks and minimize noise and other impacts with adjoining uses. Loading and service areas shall be located to the rear or sides of buildings, or in alleys when available. Loading dock doors are encouraged to be placed in recessed areas or between buildings to minimize impacts to the pedestrian and human-scale aspects of the development.

         (e)   1.   Off-street parking areas shall be separated from buildings by either a raised concrete walkway or landscaped strip with a minimum width of six feet.

            2.   Situations where parking stalls directly abut buildings shall be avoided except where wheel stops are provided.

         (f)   Off-street parking areas shall be screened from the street by a street wall or arcade between six feet and 15 feet in height, and extending a maximum width to screen the view of parked vehicles and allow for safe circulation at the minimum driveway widths required according to § 152.054.

         (g)   Rear parking lots shall be designed and located contiguous to each other to the greatest extent practicable so that vehicles can travel from one private parking lot to the other (reciprocal access) without having to enter the street. Shared parking and circulation aisles coordinated between adjacent businesses and/or developments are strongly encouraged.

   (H)   Graphics. The following graphics shall be used as a guide to comply with the standards in this section:

      (1)   Right-of-way location:

 

      (2)   Site design:

 

      (3)   Building design and signage:

 

 

   (I)   Special provisions.

      (1)   Outdoor entertainment or dancing unless approved by the City Council.

      (2)   Peddlers or mobile sales stands and pushcarts unless approved by the City Manager.

      (3)   All special provisions shall meet the requirements listed in the general provisions.

   (J)   Other required provisions.

      (1)   No uses and/or development identified in this division (J) shall be permitted and no process, equipment or materials for such uses shall be used which are found to be harmful or a public nuisance to persons living or working in the vicinity by reason of fumes, dust, smoke, cinders, dirt refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness, or to involve any hazard of fire or explosion.

      (2)   Adequate fire access routes and clearances must be demonstrated and maintained. Adequacy shall be determined by the Fire Marshal. Adequate vision clearance for traffic safety shall also be provided.

      (3)   All activities on-site shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas; gasoline service stations; outdoor dining, entertainment or recreation areas; nurseries; garden shops; Christmas tree sales lots; and bus stations.

      (4)   The relevant aspects of the Town Center Master Plan and a clear connection to the city’s applicable Comprehensive Plan goals, objectives and policies shall prevail.

      (5)   The proposed uses and/or development and site design shall be consistent with the following:

         (a)   Accessibility of the subject property to appropriate public facilities and services;

         (b)   Available capacity of necessary public facilities and services; and

         (c)   Spatial patterns of the land use element and the current and future uses of adjacent properties.

      (6)   All commercial operations, activities and enterprises shall emphasize pedestrian or bicycle access.

      (7)   Other conditions found necessary to protect the best interests of the surrounding property, or the city as a whole, may be imposed. These conditions may include, but not be limited to, the following:

         (a)   Development of a preservation plan for historic sites and structures;

         (b)   Requiring fences, walls or landscape screening and/or buffering where necessary to reduce noise, glare and maintain the property in a character in keeping with the surrounding area;

         (c)   Requiring landscaping and maintenance thereof;

         (d)   Increasing street widths, controlling the location and number of vehicular access points to the property for ingress/egress;

         (e)   Requiring means of pedestrian/bicycle access pathways to serve the property;

         (f)   Increasing or limiting the number of off-street parking and loading spaces required; surfacing and proper drainage of parking areas;

         (g)   Limiting size, location and number of signs;

         (h)   Limiting the location, coverage or height of buildings because of obstructions to view and reduction of light and air to adjacent property;

         (i)   Increasing, limiting or prohibiting openings in sides of buildings or structures;

         (j)   Enclosure of storage areas and limitation of outside display and/or storage of merchandise;

         (k)   Requiring maintenance of grounds;

         (l)   Regulating noise, vibration, fumes and the like;

         (m)   Regulating time for certain activities;

         (n)   Establishing a time period within which the proposed use shall be developed;

         (o)   The requirement of a bond for removal of such use within a specified period of time;

         (p)   Requiring any future enlargement or alteration of the use be reviewed by the Planning Commission and new conditions imposed;

         (q)   Requiring specific lot size, yard dimensions, open spaces or buffer areas; and

         (r)   And such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this section.

(Ord. 1285, passed 3-3-2014; Ord. 1320, passed 3-20-2017) Penalty, see § 152.999