1. Establishment. Heritage Overlay District Number One shall be bounded by 12th Street, West Reserve Street, the north curb line of East Evergreen Boulevard, and C Street; Figure 20.510-1. This is primarily the site of Providence Academy, the dominant landmark and most important historic building in downtown Vancouver. The main Academy building is the major historic asset in the area, but the outbuildings and the grounds of the Academy are also important historical and architectural features because of their relationship to the main building, and their influence on views of the main building and on the character of the immediate environs.

2. Policy. Due to the importance of the site of Providence Academy, the Academy buildings, and the Academy grounds to the cultural, economic, and architectural history of Vancouver, and due to the unique character established by the buildings and grounds in combination with each other and with their surroundings, it is the policy of the city to preserve Providence Academy and critical open spaces integral to its site, and to ensure the compatibility of new construction or alterations to existing buildings, with the character of the historical buildings on the site. In order to accomplish this policy, special regulations are deemed necessary as an exercise of the city’s legislative and police powers for the preservation and enhancement of the area.

3. Standards and requirements. The following requirements shall apply within Heritage Overlay District Number One, in addition to any other Zoning Ordinance regulations applicable to the area. The regulations are necessary to preserve the unique open space which provides a setting for and which is an integral part of the Providence Academy site, and to preserve views of the Academy from the East Evergreen Boulevard entrance to the downtown area.

1. Establishment. Heritage Overlay District Number Two shall consist of the area along the east and west sides of Main Street, between 5th Street and 11th Street, and the 1/2 block area north of 11th Street and on the west side of Main Street and the area along both sides of 5th, 6th, 7th, 8th, 9th Streets and Evergreen Blvd., between Washington and Broadway and both sides of 11th Street on the 1/2 block north of 11th and west of Main Street; Figure 20.510-2. The area contains a concentration of older buildings either entirely preserved in the architectural style of the early 1900’s, or having significant key remaining characteristics of such style, and which are capable of restoration to their original character. Although there are few buildings of historical or architectural significance, the concentration of several older buildings and remaining parts of older buildings in the area collectively provide a street facade reminiscent and characteristic of turn-of-the-century downtown Vancouver, and provides both a historical asset and the potential to recreate the original character of lower Main as a cultural and economic asset.

2. Policy. Due to the special character established by several significant older buildings of historical and architectural interest in the lower Main Street area of downtown Vancouver, and due to the potential which such buildings in combination with compatible new development have as a cultural, historical, and economic asset to the city, including the enhancement of a potentially significant visitor attraction. It is the policy of the city to ensure the preservation of important street frontages representative of downtown Vancouver at an earlier time, to encourage the restoration of the facades of older buildings to their original character, to enhance and expand the economic, cultural, and architectural attraction of the area, and to coordinate the actions of individual property owners to the benefit of all property owners. In order to accomplish this policy, the regulations set forth in this chapter are deemed necessary to preservation and enhancement of the area.

3. Key architectural features. Certain architectural features, both existing on certain key buildings in the area, and formerly present on these and other buildings in the area, are key elements to be preserved and to be used for guidance in restoration of existing buildings and in construction of new buildings, consisting of the following:

4. Key buildings. Parts or all of the following key buildings in Heritage Overlay District Number Two illustrate one or more of the features identified in the previous Section. These buildings should be restored as much as possible to their original appearance, where it has been altered, and these should be used as guidance in the alteration or new construction of adjacent and nearby buildings.

5. Exterior alteration and new construction guidelines. The following guidelines shall be adhered to in the construction of new buildings and alterations to all existing buildings in Heritage Overlay District Number Two.

6. Standards and Requirements. The following requirements shall apply on Main Street within Heritage Overlay District Number Two, in addition to any other requirements of this Title.

1. The Hearings Examiner finds that allowing such use is necessary to the preservation and/or restoration of an existing building of historical or architectural merit (although not necessarily a designated historical building or structure).

2. Such use would not be detrimental to other regularly permitted uses in the district or to the historical or architectural character of the building.

3. The Hearings Examiner has received such assurances as it deems satisfactory (which may include covenants or conditions attached to its approval of a conditional exception), that allowing such use will ensure preservation and/or restoration of the building or key features of the building.

4. The Hearings Examiner is authorized to waive ordinances relating to setback distances or encroachment distances on public rights-of-way or parking requirements, or other requirements in the event the same are found by it to be necessary and reasonable for the development of any property so as to conform with the provisions of this Section. The Building Official pursuant to Chapter 11, Laws of 1976, may allow repairs, alterations, and/or additions necessary for preservation, rehabilitation, or continued use of a building which has been designated as a historic structure under this chapter without conformance to all city codes; provided, he shall do so only if he finds in writing that the repaired or altered building will be less hazardous, based on life and fire risk, than the existing building. (Ord. M-4147 § 4, 12/07/2015; Ord. M-4034 § 17, 12/03/2012; Ord. M-3959 § 29, 07/19/2010; Ord. M-3777 § 5, 12/04/2006; Ord. M-3643, 01/26/2004)

1. Building Code Regulations applicable to the preservation, restoration and reuse of historic buildings and structures are contained in VMC 17. VMC 17.08 provides for the Building Official to approve alternate methods of construction and materials. Documents that the Building Official uses to make determinations on alternate methods and materials for the preservation, restoration and related reconstruction, rehabilitation, strengthening or relocation of buildings or structures designated as historic buildings include but are not limited to the State Building Code(s) designated in RCW 19.27, VMC 17, the Washington State Historic Building Code WAC 51-19, the International Existing Building Code and other technical resources related to historic buildings and structures.

2. Any developer may transfer the unused development potential of a historic building site to any other site in the same zoning district provided that such transfer would not create a hazard to low flying aircraft. The unused development potential shall be computed in terms of allowable floor area and building height for a site the same size as that on which the historic structure is located, minus the area in the historic building. This transfer of development potential is divisible and may be used only once. The owner of such property must have first recorded a covenant approved by City Council, being on all successor owners, heirs and assigns, that the historic building will be maintained in its historic condition in consideration of the special rights granted by this Section.

3. A structure as identified above shall not be demolished except in the following manner:

1. Building plans for the new structure must be submitted to the city within one year of the date that the structure was destroyed.

2. Construction must begin within one calendar year after building plans are approved.

3. A new multi-family structure(s) shall not exceed 22 units/acre regardless of the number of units destroyed. (Ord. M-3643, Added, 03/11/2004)

1. All new residential structures;

2. Expansion by 10 % or more of an existing residential structure; and

3. Reconstruction of an existing residential structure where the cost of reconstruction exceeds 75 % of the value of the original structure. (Ord. M-3643, 2004)

1. Single-family and duplex units. An applicant for a new or expanded single-family and/or duplex unit(s) shall request approval of the Noise Impact Reduction Plan by means of a Type I procedure, as governed by Section 20.210.040 VMC, using the performance standards contained in Section 20.520.050 VMC below.

2. Projects with three or more residential units. An applicant for a project with three or more residential units shall request approval as part of site plan review, as governed by Chapter 20.270 VMC.

1. A map of the property, drawn to scale, and an identification of the sources of noise that result in noise impacts on the property to Ldn levels of 65 or greater.

2. A statement of the methods proposed to be used to accomplish sound reduction.

3. A statement that the applicant has consulted with any agency or corporation responsible for managing noise generated by a source identified in 20.520.020 VMC, and a certification by the applicant that the proposed construction is designed to reduce sound impacts within structures on the property so as to mitigate any conflict between the noise source and the use of the residential building as a dwelling.

4. A time schedule for construction of the project that clearly shows that sound reduction will have been accomplished prior to any occupancy of the rooms for residential use.

5. An estimate of the Ldn values outside of the proposed building, and an evaluation of the dBA level of single impacts, and a statement by the applicant that the existence of noise levels is acknowledged to exist, as governed by Section 20.520.060 VMC below. (Ord. M-3643, 01/26/2004)

1. Must take into account the construction materials, type of foundation, soil type and other physical factors of the site in the evaluation.

2. Must use the ANSI, ISO, ASTM, or another nationally accepted standard for the transmission coefficients of various materials, and may assume all openings, e.g. doors and windows

3. In lieu of Subsection (1) or (2) above, the applicant’s engineer or architect may accomplish the certification by a study of existing structures located within the same Ldn Noise Contour and vicinity, e.g., block, subdivision, park or moorage, to determine the expected noise level of the proposed structure(s).

1. All uses allowed in the base zoning district over which this district overlay is established.

2. Extractions from deposits of rock, stone, gravel, sand, earth and minerals along with related accessory activities

1. Asphalt mixing.

2. Concrete batching.

3. Clay bulking.

4. Rock crushing.

5. On-site hazardous waste treatment and storage facilities subject to State Siting Criteria as regulated by 70.105.210 RCW. (Ord. M-3643, 01/26/2004)

1. The depth of the excavations must not be less than 2’ measured below the low-water mark.

2. All banks shall be sloped to the water line no steeper than 1-1/2’ horizontal to 1’ vertical.

3. All banks shall be sloped from the low-water line into the pond or lake with a minimum slope of 1-1/2’ horizontal to 1’ vertical, to a depth of 5’ .

4. In no event shall the term “water-producing depth,” as herein used, be construed to allow stagnant or standing water to collect or remain in the excavation.

1. Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a hill.

2. Drain any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse, or by other means approved by the City Engineer.

3. Prevent any sediment from leaving the site in a manner which violates 90.48.080 RCW and 173-201-100 WAC.

1. Upon the exhaustion of minerals or materials, or upon the permanent abandonment of the quarrying or mining operation, all buildings, structures, apparatus or appurtenances accessory to the quarrying and mining operation which are nonconforming to the underlying district, shall be removed or otherwise dismantled to the satisfaction of the Planning Official by means of a Type I procedure.

2. Final grades shall be such so as to encourage the uses permitted by right or allowed conditionally within the base zoning district.

3. Unless approved as a sanitary landfill, grading or backfilling shall be made with nonnoxious, nonflammable and noncombustible solids.

4. Such graded or backfilled areas, except for roads, shall be seeded or surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding, and to a depth of at least 4”, or a depth of that of the topsoil of land areas immediately surrounding, if less than 4”.

5. Such topsoil as required by Subsection 4 above shall be planted with trees, shrubs or grasses.

6. Graded or backfilled areas shall be reclaimed in a manner that will not permit stagnant water to remain. Suitable drainage systems approved by the City Engineer shall be constructed or installed if natural drainage is not possible.

7. Waste or soil piles shall be leveled and the area treated, as required in Subsections 4 and 5 above. (Ord. M-3643, 01/26/2004)

1. Urban Centers. Those areas identified as major activity centers on the Clark County and City of Vancouver Comprehensive Land Use Plans commonly known as: Downtown Vancouver, Vancouver Mall and Washington State University.

2. Transit Nodes. Transit nodes are those locations where fixed route transit routes intersect and provide potential transfer points between routes plus a 1/4 mile radius surrounding such intersection. Transit nodes are those intersections at which weekday transit service is or will be at a minimum level of 15 minute peak frequency for at least one of the two streets and at least 30 minute peak period frequency for the other street. Transit nodes shall also be identified in C-TRAN’s annually updated 6-year Transportation Development Plan. Based on these criteria, the following intersections are identified as transit nodes located outside the urban centers:

3. Transit Stations.

1. Tier 1 transit streets shall be identified as those streets or segments of streets located within the Vancouver Urban Growth Area, at which weekday transit service is or will be at a minimum level of ten (10) minute peak frequency. In order to be considered by the City of Vancouver as a Tier 1 transit street, said street shall be identified in C-Tran’s annually updated 6-year Transit Development Plan. Development adjacent to such transit streets shall be subject to Tier 1 regulations.

The city and C-Tran shall work cooperatively in designating streets as transit streets through the following process and such other processes as the agencies shall agree: once C-Tran formally, through Board action, lists a street in its 6-year Transit Development Plan which has or will have a minimum level of ten (10) minute peak frequency, the city shall consider amending this chapter to include such street as a transit street subject to the Tier 1 regulations.

1. Purpose. The purpose of this section is to prohibit or conditionally allow certain uses within the Transit Overlay District which are permitted in the base zone but would, if allowed, be contrary to the purposes of the Transit Overlay District as set forth in Section 20.550.010 of this chapter.

2. Applicability. Certain uses shall be permitted, prohibited or conditionally allowed within the Transit Overlay District as indicated in Table 20.550.040-1.

3. Criteria applicable to uses with drive-through facilities. Drive-through facilities are prohibited in transit nodes and transit station areas. Such facilities are permitted as conditional uses throughout the rest of the Transit Overlay District. In addition to the criteria set forth at VMC 20.245 (conditional uses), the following shall also be met:

1. Purpose. The purpose of this section is to provide for safe and convenient pathways or sidewalks between uses, as well as along street frontages which will increase the convenience and appeal of leaving one’s car and walking from place to place. The pedestrian access standards encourage a safe, attractive, and usable pedestrian circulation system in all developments and ensure a direct pedestrian connection between the street and buildings on the site. Parking areas should facilitate pedestrian access to and from buildings via clearly designated pedestrian walkways connecting building entrances with parking areas and with pedestrian systems in the public right-of- way. The walkways and landscaping area will be compatibly designed.

2. Applicability. This section shall apply throughout the Transit Overlay District.

3. Sidewalks. Sidewalks shall be required and constructed according to adopted Vancouver standards.

4. Pedestrian Access Standard. An on-site pedestrian circulation system which connects the street to the primary entrances of the structure(s) on the site shall be provided. The circulation system must be hard-surfaced and be at least 5 feet wide. Where the system crosses driveways, parking areas, and loading areas, the system must be clearly identifiable, through the use of elevation changes, speed bumps, a different paving material, or other similar method approved by the planning official. The on-site pedestrian circulation system must be adequately illuminated for night-time use to a level where the system can be used at night by employees, residents, and customers. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security can be maintained and a physical connection to adjacent pedestrian systems can be constructed.

5. Internal Access. Internal access pedestrian paths shall be provided in locations generally consistent with the project’s development plan. The internal access system may be private and provided for by easement as each phase of a development on a site within the District develops.

6. Lighting. Lighting for parking lots and pedestrian ways shall be provided to ensure personal safety. Lighting shall be integrated into the architectural character both in terms of illumination and fixtures. Lighting shall not produce glare or negatively impact off-site uses or traffic on adjacent streets.

1. Purpose. Landscaping, street trees and certain walls, hedges and fences improve the aesthetic character of an area and create a more pedestrian friendly environment. Urban settings are more enjoyable when natural elements are retained, added or enhanced. This section requires landscaping and street trees as elements of new development and regulates the size and type of walls, hedges and fences within the Transit Overlay District.

2. Applicability. This section shall apply throughout the Transit Overlay District.

3. Street Trees

4. General Landscaping Requirements. See Section 20.925, VMC.

5. Free-Standing Walls, Hedges and Fences. Except as otherwise provided herein, no solid free-standing walls, hedges or fences shall be allowed in the Transit Overlay District along a public street or sidewalk. Free-standing walls, fences, and hedges along public streets may be allowed under the following conditions:

1. Purpose. The purpose of the building orientation requirement in the Transit Overlay District is to facilitate pedestrian access between public ways and buildings. In general, this development standard requires new buildings to be oriented so as to face a public street or public open space.

2. Applicability. Except as otherwise provided in this section, this section applies to all property which abuts a public street.

3. Orientation. Primary ground floor building entrances shall have an entrance oriented to pedestrian-oriented streets, plazas, or parks. The building may also have other entrances so long as direct pedestrian access is provided from all entrances.

4. Two or More Frontages. If a building has frontage on more than one public street, the building need only have one main entrance oriented to the public street or alternatively to the corner where the two public streets intersect.

5. Master Planning for Large-Scale Developments. Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

1. Purpose. Ensure that space between a building and a public street is minimized to encourage pedestrian related activity at the street level and create a more desirable and enjoyable pedestrian experience. This allows buildings to be readily accessible to the pedestrian system at a level of convenience and interest that does not generally exist when buildings are set too far back from the street. The creation of a street frontage is important to the perceived comfort and convenience of pedestrians.

2. Applicability. Except as otherwise provided in this section, this regulation applies to all uses in Tier 1 except uses devoted exclusively to single family detached residential development and duplexes.

3. Extent of Frontage. See Table 20.550.040– 3.

4. Master Planning for Large-Scale Developments. Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

1. Purpose. All uses other than single-family detached residential development and duplexes along public streets shall provide pedestrian and transit convenience which can be best achieved through eliminating space and/or obstructions between a structure and a public street. Pedestrian convenience is a critical element in making the use of alternative modes effective since most all trips begin and end as pedestrian trips.

2. Applicability. Except as otherwise provided in this section, these regulations shall apply to all uses in Tiers 1 and 2 of the Transit Overlay District.

3. Minimum Setbacks. The minimum setbacks shall be set forth in Table 20.550.040-4.

4. Maximum Setbacks.

5. Parking in Setback. No vehicle parking or garage shall be allowed in a setback which abuts a public street. Nothing in this chapter shall prohibit the use of services entrances or loading zones restricted for deliveries and not available for use by the general public for parking purposes.

6. Master Planning for Large-Scale Developments. Any nonresidential development greater than 5 acres in size with 2 or more building pads equal to or greater than 100,000 square feet shall not be subject to this section provided that the master planning requirements of Section 20.550.070 of this chapter are met.

1. Purpose. Unscreened, flat, blank walls at ground level are not permitted in the Transit Overlay District in order to provide a pleasant and enjoyable pedestrian experience by connecting activities within a structure to the adjacent sidewalk and/or transit stop.

2. Applicability. This section shall apply throughout the Transit Overlay District except to exclusive residential uses.

3. Blank Walls Prohibited. At least 75% of the width of any new or reconstructed first story building wall facing a public street or pedestrian way and 50% of the ground level wall area which is defined as the area 9 feet above the grade shall be devoted to interest creating features, such as pedestrian entrances, reliefs, murals, landscaping, transparent show or display windows, or windows affording views into retail, office or lobby space.

4. Exemption for Historic Building. The following types of buildings may be exempted by the planning official from the ground floor requirements with respect to the percent of wall devoted to windows and entrances, where in conflict with the character of the architecture, in accordance with the procedures specified concerning Development Plan Review.

1. Purpose. The purpose of parking standards within the Transit Overlay District is to manage the supply of surface parking by establishing minimum and maximum parking requirements in order to promote transit and pedestrian use and the efficient use of land; to substantially reduce the number of parking spaces between the building and the street to create more direct and convenient pedestrian/transit access; and to encourage pedestrian-oriented activity at the street for a more enjoyable pedestrian experience.

2. Applicability. This section shall apply to all proposed uses within the Transit Overlay District except exclusively residential uses.

3. Minimum Parking Requirements. The minimum number of parking spaces required shall be set forth in Table 20.550.040-5. On-street parking which is both along the frontage of a development and available may be counted toward the minimum parking requirement. Joint use or shared parking may be counted toward the minimum parking requirement if a formal joint use agreement is executed.

4. Maximum Parking Allowances. The maximum number of parking spaces to be provided shall be as set forth in Table 20.550.040-5. On-street parking spaces that are both along the frontage of a development and available shall be counted toward the maximum parking requirement.

5. Location and Configuration of Parking Areas. No off-street parking shall be allowed between a public street or pedestrian way and the required frontage for a building, other than in a driveway accessory to residential development. Except as otherwise provided in this subsection, off-street parking areas shall only be allowed in surface lots on the side or rear of a lot, in an underground lot or in a parking structure, provided however, for commercial development (excluding the identified downtown center), parking shall be allowed between a public street or pedestrian way and a building if it does not obstruct pedestrian access as defined in 20.550.040(B)(4) and,

6. Landscaping and Walkways in Parking Areas. All surface parking areas of 50 or more spaces shall be divided by landscaping and/or walkways at least 10 feet in width, or by a building or group of buildings.

7. Parking Structures. Retail uses shall be incorporated in the ground floor of parking structures adjacent to streets within the Downtown Blank Walls Combining District (Section 20.630.030). This subsection shall not prohibit subterranean parking areas. Parking structures adjacent to streets not subject to the Downtown Blank Walls standards of Section 20.630.030 are encouraged to incorporate retail uses in the ground floor. (Ord. M-4034 § 18, 12/03/2012; Ord. M-3643, 01/26/2004)

1. The maximum reductions identified in Table 20.550.050-1 are based on nationally-accepted relationships between transportation demand management measures and traffic generation.

2. For actions which require regular maintenance, as noted in Table 20.550.050-1, the TIF reduction granted shall be revoked and the amount of the reduction shall become due if the regular maintenance is discontinued in whole or in part during the six years following the granting of the TIF reduction.

1. Assure that the proposed development is considered as a whole and conforms to the comprehensive plan, the base zone and the requirements of this chapter. The master plan may serve to allow phasing of projects and flexibility of uses and development standards. Any other reviews needed for the development review process, such as conditional uses, plan amendments or zone changes may be considered at the same time as the master plan.

2. Assure that phased development is properly coordinated.

1. Boundaries of the use. The master plan must show the current and possible future boundaries of the use for the duration of the master plan.

2. General statement. The master plan must include a narrative that addresses a description in general terms of the use’s expansion plans for the duration of the master plan.

3. Uses and functions. The master plan must include a description of present uses, affiliated uses, proposed uses, and possible future uses. The description must include information as to the general amount and type of functions of the use, the hours of operation and the approximate number of members, employees, visitors, special events must be included. For projects which include residential units, proposed minimum and maximum floor areas and densities, number of units and building heights must be indicated. For office/commercial projects, minimum and maximum floor area ratios must be indicated.

4. Site plan. The master plan must include a site plan, showing to the appropriate level of detail, buildings and other structures, existing mature trees and landscaping, the pedestrian and vehicle circulation system, parking areas, open areas, and other required items. This information must cover the following:

5. Development standards. The master plan may propose standards that will control development of the possible future uses that are in addition to or substitute for the requirements of this chapter. These may be such things as height limits, setbacks, frontage, FAR limits, landscaping requirements, parking requirements, signage, view corridors or facade treatments. Standards that do not meet the minimum standards in existing city codes require a variance.

6. Phasing of development. The master plan must include the proposed development phases, probable sequence for proposed developments, estimated dates, and interim uses of the property awaiting development. Developments other than large scale developments shall demonstrate on the site plan how required FARs will be achieved as development is phased. Developments that propose to add additional floors to the base structure shall provide all necessary plans to adequately demonstrate that all structures can carry additional floors in the future. In addition, the plan should address any proposed temporary uses or locations of uses during construction periods.

7. Transportation and parking. The master plan must include information on the following items for each phase:

8. Procedures. Master plan review shall be conducted under current review procedures. Other land use reviews may be conducted concurrently with the master plan review.

1. To provide a mechanism that ensures that development is occurring in a manner consistent with the intent of the Transit Overlay District;

2. To verify and adjust if required the requirements within the Transit Overlay District; and,

3. To provide decision makers with objective data that can be used to evaluate the performance of the Transit Overlay District in achieving the goals that it is intended to promote.

1. Development activity. Various statistics describing actual development activity within and outside the Transit Overlay District, including anticipated population density.

2. Development design. Information shall be collected describing development design features of individual developments including, building orientation, setback and frontage throughout the Vancouver Urban Area.

3. Incentive utilization. Information shall be collected describing utilization of incentives provided within this Chapter. (Ord. M-3643, 01/26/2004)

a. Structure height limitations. No structure, including any roof-top appurtenance, shall be erected, altered, or maintained and no tree shall be allowed to grow on land which lies directly under any approach surface, transitional surface, horizontal surface or conical surface as defined in Chapter 20.150 VMC Definitions to a height in excess of the applicable height limit established for such surface or that are allowed in accordance with the adopted CFR Federal Aviation Administration Regulations Part 77.

b. Surface height limitations. Development shall be designed so as not to penetrate or interfere in any way with the airport’s surfaces as defined in Chapter 20.150.040B consistent with Federal Aviation Administration Regulations Part 77. Penetration of any airport surface as defined in Part 77 may only be allowed if explicitly authorized by the FAA.

c. Lighting. New development that creates glare or lighting that interferes with lights necessary for aircraft landings is prohibited.

d. Appropriate notice. Applicants with property within this overlay district shall provide written notice to, and requests for written comments from the State Aeronautics Division, Federal Aviation Administration and the Airport operator. Documentation of notice and written comments received by the applicant shall be provided to the city at the pre-application conference. Where no pre-application conference is required, documentation of notice and written comments received by the applicant shall be provided with the application packet. Where the applicant has provided written notice and request for comments and the agency or airport operator has failed to respond within 45 days from the date the written request was mailed, the applicant may submit the pre-application without the required comments. Applicants should be aware of federal notification and permitting requirements when construction is proposed on or near airports. Applicants should be aware that FAA height restrictions include construction equipment, such as cranes. Federal Aviation Administration Regulations, Part 77 – Objects Affecting Navigable Airspace, outline the specific criteria for FAA notification. The FAA Form 7460-1 is used for Federal Aviation Administration notification. (Ord. M-3832, Added, 06/18/2007, Sec 13)

1. New or replacement buildings or structures.

2. Expansions, repairs or alterations of any existing buildings or structures which increase their square footage by more than 25%. Increases in square footage shall be measured cumulatively, including any previous increases after the date of adoption of this chapter.

3. Exceptions. This chapter shall not apply to the following:

1. Uses. Uses on properties abutting Fourth Plain Boulevard shall be permitted, conditionally allowed, limited or prohibited as per underlying zoning requirements, with the following exceptions:

2. Landscaping, walls, hedges and fences.

3. Building orientation, setbacks, facades, and height limits.

4. Parking. Parking and loading requirements shall be as specified in VMC 20.945, with the following exceptions for properties abutting Fourth Plain

5. Incentives.

1. Strengthen current businesses while providing an appropriate mix of commercial and residential uses.

2. Establish a balanced, multimodal network of motor vehicle, transit, walking, and biking routes through the corridors.

3. Provide adequate parking to serve existing uses and future development.

4. Create public and private spaces that are inclusive, integrated, and contribute positively to the livability of the corridors.

5. Provide ample opportunities for small-scale, locally owned businesses to thrive.

6. Contribute to a vibrant public realm that encourages interaction with an active edge along the ground floor, high-quality public spaces, and a walkable pedestrian environment.

1. Exterior work not visible from the public way;

2. Public art; and

3. Other minor construction such as replacement of doors, windows, awnings, etc., determined by the planning official to be exempt.

4. Additions or modifications to single-family dwellings and duplexes.

5. Replacements for buildings or structures destroyed by fire or calamity as provided in Chapter 20.930 VMC.

1. Expansions or additions to nonresidential buildings of over 500 square feet that are visible from a public street are required to be in conformance with the standards of this chapter. The standards only apply to the expansion or addition.

2. Expansions or additions to nonresidential buildings must not increase the length of street-facing façade that does not conform to the maximum setback standard. The expansion or addition must, to the extent feasible, reduce the area dedicated to parking and vehicular circulation between the building and the right-of-way. See Figure 20.590-2.

3. Exterior alterations or remodels of existing nonresidential buildings that do not conform to the design standards of VMC 20.590.050 must improve compliance with these standards where possible, and at a minimum must not increase nonconformance.

1. A minimum of 50 percent of the lineal street front of the ground floor buildings along streets designated in Figure 20.590-3 must be devoted to commercial uses.

2. Drive-through facilities are prohibited on all properties.

1. Sites on Grand Avenue: 30 dwelling units per acre.

2. Sites on Evergreen Boulevard: 22 dwelling units per acre.

1. Maximum Setback. A minimum of 50 percent of the length of the street-facing façade of the building must be located within 10 feet of the front lot line. See Figure 20.590-4.

2. Ground Floor Residential Setbacks. A minimum setback of five feet and a maximum setback of 10 feet is required for ground floor residential uses. A transition area must be provided per VMC 20.590.050(C)(4), ground floor separation standard.

3. Improvements Between the Building and the Street. Off-street parking is not allowed between a building and a street lot line along the following streets in the Corridor: E. Evergreen Boulevard, Grand Boulevard, and E. Mill Plain Boulevard. The land between any building and a street lot line must be landscaped to at least the L1 level (see Chapter 20.925 VMC) and/or hard surfaced for use by pedestrians.

4. Main Entrance. These standards apply to the primary building(s) on a site (e.g., not to accessory structures).

1. Front Yard or Street Side Yard. No front or street side yard setback is required except for residential uses as provided in subsection B of this section. Buildings must meet the maximum setback standard of subsection B of this section.

2. Side or Rear Yard.

1. Maximum Height. Maximum building height varies by location as provided in Figure 20.590-5.

2. Height Step Down. Buildings must be stepped down to create a transition to adjacent residential zones with lower maximum building heights:

1. Minimum Spaces Required. Parking and loading requirements shall be as specified in Chapter 20.945 VMC, with the following exceptions for properties in the Corridor:

2. Location of Parking Areas. Parking and loading areas are prohibited per subsection (B)(3) of this section. The following additional standard applies:

1. Standard. Up to 50 percent of long-term bicycle parking spaces shall be provided in individual residential dwelling units, if they meet the following criteria:

2. Additional Development Standards. The following standards apply to sites where more than 20 long-term bicycle parking spaces are required and provided in one or more shared bicycle parking facilities outside of individual dwelling units:

1. The alternative design results in a variance of 20 percent or less to a numerical design standard and the design cannot be modified to meet the standard due to the physical characteristics of the site or existing structure(s).

2. The alternative design better complies with the intent of the standard as described in the relevant subsection of this chapter.

1. Applicability. These standards apply to all multistory buildings with nonresidential uses on the ground floor. The following standards apply to the portions of ground floor walls of a street-facing façade that is 20 feet or closer to a street lot line or a publicly accessible plaza.

2. Minimum Height.

3. Transparency.

4. Weather Protection.

1. Applicability. These standards apply to any residential dwelling unit that is located on the ground floor of a building and that is 20 feet or closer to a street lot line or a publicly accessible plaza.

2. Minimum Height.

3. Transparency.

4. Ground Floor Separation.

1. Applicability. The standard applies to the street-facing elevations of buildings more than 20 feet in height.

2. Intent. The intent of this standard is to promote visually interesting building façades by prohibiting large expanses of blank walls facing the street and requiring building façades to be divided into smaller planes.

3. Standard. Buildings must incorporate vertical and horizontal articulation and divide the vertical mass of the building into a base, middle, and top using distinct physical transitions.

1. Intent. The intent of this standard is to limit the use of materials that lack surface texture and visual interest, do not promote a sense of quality and permanence, or more easily deteriorate over time.

2. Standard. The following building materials are prohibited on street-facing building façades and shall not collectively be used on more than 35 percent of any other building façade:

1. Applicability. These standards apply to any roof-mounted mechanical equipment under two feet in height or ground level mechanical or service equipment located at grade. These standards shall not apply to any solar energy production equipment, wind energy production equipment, and/or green roof features.

2. Intent. The intent of this standard is to ensure that utilities and equipment are screened, integrated into building and landscape design and/or located in less prominent locations to minimize the visual impact on the pedestrian experience.

3. Standard. Utilities shall be located away from primary streets and pedestrian sidewalks and located on alleys or secondary streets wherever possible. Utilities shall be located below grade in vaults or inside buildings where possible. If not possible, the following standards apply:

1. Applicability. These standards shall be in addition to Chapter 20.912 VMC and shall supersede those standards where they conflict.

2. Intent. The intent of this standard is to limit the visual impact of taller fences and surface parking areas on the pedestrian experience and to promote natural surveillance of public spaces.

3. Standard.