Item 8C Section 37SECTION 37
"DT" DOWNTOWN DISTRICT
(As Amended by Ordinance 480 -SS)
37.1 PURPOSE & INTENT
The purpose of the Downtown district is to encourage the creation of a pedestrian- oriented,
mixed -use urban environment, providing shopping, employment, housing, and business and
personal services. Downtown is intended to be the focal point of the community. This is
achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity;
reducing the reliance on private automobiles within the district; promoting a functional and
attractive community through the use of urban design principles; and allowing developers
flexibility in land use and site design.
The Downtown district is to be an area with a mixture of moderately intense uses that are
developed over an identifiable core. Buildings are close to and oriented toward the street.
There is a connected street pattern, shared parking, and pedestrian amenities. It is the
intention of this ordinance to include all C -3 uses that were attributed to the Town Square NR-
PUD (Ordinance 224) as of the date of adoption of this ordinance.
Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the
establishment of a `Village Center - west' between S.H 114 and FM 1709, east of Carroll
Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown
district shall be limited to the area known as Village Center — west.
The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages
the development of a mixed -use town center that will create a focal point for the community
by way of its geographic location, standards for development and mix of uses and services'
and identifies an appropriate location for "Town Center" land use designation.
37.2 SCHEDULE OF USES
Uses within the Downtown district shall be in accordance with the following schedule of uses.
P= Permitted (Development Standards apply)
SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply)
A = Permitted as an accessory use (Standards in Section 34 shall apply)
LAND USE CA TEGOR Y
Use Status
Commercial Uses - Retail Sales or Service
• Antique shops
P
• Art galleries, dealers, sales and supplies
P
• Artists' workshops and studios
P
• Beer, wine, and alcohol sales
SUP
37- 1
37 -2
LAND USE CA TEGOR Y
Use Status
Commercial Uses - Retail Sales or Service (contd.)
•
Bicycle sales and service
P
•
Books, magazines, music, stationery, novelty, variety, etc.
P
•
Camera and photographic supplies
P
•
Clothing, jewelry, luggage, shoes, etc.
P
•
Convenience store, no gasoline sales
P
•
Cosmetic and beauty supplies
P
•
Department store
P
•
Electronics, appliances, computer, and software — sales, and
service
P
•
Electrical and gas repair and installation services
SUP
•
Farmer's market
SUP
•
Florist
P
•
Fruit and vegetable store
P
•
Furniture or home furnishings
P
•
Grocery store, supermarket, or bakery
P
•
Hardware and home centers, etc.
P
•
Optician and optical store
P
•
Pet and pet supply store
P
•
Pharmacy or drug stores
P
•
Specialty food store
P
•
Sporting goods, toy and hobby, musical instruments
P
•
Tailors and custom apparel makers
P
•
Tobacco or tobacconist establishment
P
Commercial Uses — Finance, Insurance, and Real
Estate
•
Bank, credit union, or savings institution
P
•
Credit and finance establishment
P
•
Fund, trust, or other financial establishment
P
•
Investment banking, securities, and brokerage
P
•
Insurance related establishment
P
•
Real Estate and Property Management Services
P
Commercial Uses - Business, professional, and technical
uses
•
Accounting, tax, bookkeeping, and payroll services
P
•
Collection agency
P
•
Advertising, media, and photography services
P
•
Animal and pet services, including grooming and training
P
•
Architectural, engineering, and related services
P
•
Offices and administrative services
P
•
Business support services, including photocopying, duplicating,
blueprinting, or other copying services
P
•
Consulting services (management, environmental, etc.)
P
•
Employment agency
P
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LAND USE CATEGORY
Use Status
Commercial Uses - Business, professional, and technical
uses contd.
• Facilities support services
P
• Graphic, industrial, and interior design
P
• Legal services
P
• Personal services
P
• Postal, courier and messenger services
P
• Research and development services (scientific, technological, etc.)
P
• Travel arrangement and reservation services
P
Commercial Uses — Food Service Uses
• Bar, or drinking establishment
SUP
• Cafeteria, delicatessens, or limited service restaurant
P
• Full- service restaurant (no drive- through facility) with or without
outdoor seating
P
• Snack or nonalcoholic bar
P
Arts, entertainment, and recreation Uses
• Bowling, billiards, pool — indoor only
P
• Games arcade establishment
P
• Fitness, recreational sports, gym, or athletic club
P
• Indoor skating rink
P
• Miniature golf establishment — indoor only
P
• Museums and other special purpose recreational institutions
P
• Outdoor entertainment centers (including ball parks, miniature
golf, golf driving ranges, batting cages, carnivals, and similar uses)
SUP
• Parks, plazas, and playgrounds
P
• Theater, cinema, dance, or music establishment
P
Educational, Public Administration, Health care and
other Institutional Uses
• Ambulatory and outpatient care services, including doctors,
dentists, chiropractors, optometrists, etc.
P
• Business associations and professional membership organizations
P
• Child day care and preschools
P
• Civic, social, and fraternal organizations
SUP
• Funeral homes, mortuaries, and services
SUP
• Hospitals
SUP
• Information services, including libraries and archives
P
• Judicial functions - Courts
P
• Nursing and other rehabilitative services
P
• Public Administration - legislative and executive functions
P
• Public Safety facilities
P
• Religious institutions
P
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LAND USE CATEGORY
Use Status
Residential Uses
• Full service hotels
P
• Home Occupations in designated single - family residential
structures
A
• Live/Work units
SUP
• Residential Lofts
SUP
• Single - family residential detached dwelling unit
SUP
• Single - family residential attached dwelling unit
SUP
Other Uses
• Model homes for sales and promotion*
SUP
• Parking, surface
P
• Parking, structured
SUP
• Sales from kiosks
SUP
37.3 DEFINITIONS
The following definitions shall apply to uses and category of uses listed in the Downtown district
Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37)
only. For terms not defined under this subsection, Section 4, Definitions shall apply.
Business associations and professional membership organizations
These establishments promote the business interests of their members, or of their profession as
a whole, including chambers of commerce. They may conduct research on new products and
services; develop market statistics; sponsor quality and certification standards; lobby public
officials; or publish newsletters, books, or periodicals for distribution to their members.
Business support services
These establishments provide any of the following: document preparation, telephone
answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno
typing. They may operate copy centers, which provide photocopying, duplicating,
blueprinting, or other copying services besides printing. They may provide a range of support
activities, including mailing services, document copying, facsimiles, word processing, on -site
PC rental, and office product sales.
Cafeteria or limited service restaurant
These provide food services where patrons order or select items and pay before eating. Food
and drink may be consumed on premises, taken out, or delivered to customers' location. Some
establishments in this subcategory may provide food services in combination with selling
alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving
* Model homes are limited to a time period until all the homes are sold in the neighborhood.
37 -4
equipment, a refrigerated area, and self - service beverage dispensing equipment, and which
display food and drink items in a continuous cafeteria line.
Consulting services (management, environmental, planning, design, etc.)
These establishments advise and assist businesses and other organizations on management,
scientific, and technological issues. This class includes establishments that provide expertise in
information technologies; these may design, modify, test, support, or operate hardware and
software for clients.
Court
A Court is an unoccupied space, open to the sky, on the same lot with a building, which is
bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more
exterior walls, lot lines or yards. Not a court niche.
Court, closed
A closed court is a court surrounded on all sides by the exterior walls of a building; or by
exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less
than 10' in width.
Court niche
A court niche is not a court, but is an indentation, recess, or decorative architectural treatment
of the exterior wall of a building which opens onto a street, yard, alley, or court.
Court, open
An open court is a court opening onto a street, yard, alley, or private drive not less than twelve
feet (12) wide.
Court, width of
The minimum horizontal dimension substantially parallel with the open end of an open court or
the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the
diameter of the largest circle that may be inscribed in a horizontal plane within the court.
Facilities support services
These establishments provide operating staff for support services within a client's facilities.
They typically provide a combination of services, such as janitorial, maintenance, trash
disposal, security, mail reception, and laundry services. They provide operating staff to carry
out these support activities, but are not involved with the core activities of the client.
Full Service Hotels
These establishments shall be defined as buildings with habitable rooms or suites which are
reserved for transient guests who rent the rooms or suites on a daily basis, and with:
(i) a minimum area of 300 square feet in each guestroom;
(ii) (a) a full service restaurant with full kitchen facilities providing service to the general
public; or (b) a kitchen on the premises in which meals are prepared by the management;
or a concessionaire of the management for room service delivery;
(iii) on -site staff required seven (7) days a week, twenty -four (24) hours per day; and
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(iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms.
Full- service restaurant
Full- service restaurants provide food services to patrons who order and are served (i.e.
waiter /waitress service) while seated indoors or outdoors and pay after eating. They may
provide this service in combination with selling alcoholic beverages, providing takeout
services, or presenting live non - theatrical entertainment.
Live -work unit
A live -work unit is a dwelling unit that is also used for work purposes, provided that the work
component is restricted to the uses of professional office, artist's workshop, studio, or other
similar uses. Each individual unit may have commercial space located on the street level.
Mixed -Use Building or Structure
A mixed -use building or structure is one in which at least one of the upper floors of a
commercial building has residential uses (live -work or lofts) with retail or office uses at the
other levels.
Mixed -Use Land Use
Mixed -use land use is the location of different land uses, including commercial retail, office,
residential, public, and other uses in proximity to one another either in the same building or in
separate buildings but in the same development or block.
Non - Residential Building or Structure
A non - residential building or structure is one in which all the floors are designated for office,
retail, institutional, or any other commercial use that is not a residential use.
Office and administrative services
These establishments: a) provide day -to -day office and /or administrative services, such as
financial planning, billing, record keeping, personnel employment, and logistics; b) hold
securities (or other equity interests) of companies in order to own a controlling interest or
influence management decisions; c) oversee and administer the establishments of a company
often by providing strategic or organizational planning; or d) provide other administrative
services. This definition is used only to classify such stand -alone establishments which,
although they may be part of larger companies, are separate from the actual goods or services
producing facilities.
Personal services
This is a catchall category for all personal service establishments. These establishments offer a
wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health
and beauty spas, tanning and nail salons, hair care, etc.).
Public Buildings
Public buildings are buildings used for active government or related functions, including public
administration (executive and judicial), courts, libraries, community centers, and public safety
functions.
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Research and development services (scientific, technological, etc.)
Establishments in this category conduct research, or analyze, in the physical, engineering,
cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany,
biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics,
medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language,
behavior, or economics.
Residential Lofts
Residential lofts are typically residential units designed to commercial standards (with high
ceilings, open plans, and large windows) located above street level commercial space.
Retail sales or service
Retail establishments form the final step in the distribution of merchandise. They are organized
to sell in small quantities to many customers. Many have stores, but some also sell
merchandise from non - stores. Establishments in stores operate as fixed point -of -sale locations,
which are designed to attract walk -in customers. Retail establishments often have displays of
merchandise and sell to the general public for personal or household consumption, though they
may also serve businesses and institutions. Some establishments may further provide after -
sales services, such as repair and installation.
Single - Family Residential, detached dwelling unit
A single - family detached residential unit is a freestanding building on an individual lot or tract
of land intended for occupancy by one family.
Single - Family Residential, attached dwelling unit,
A single - family attached residential unit is a building on an individual lot or tract of land
intended for occupancy by one family that shares one or more common walls with similar
adjacent units, also on individual lots.
Snack or nonalcoholic bar
These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or
popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on
or near the premises. These establishments may carry and sell a combination of snack,
nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee
makers) but generally promote and sell a unique food or beverage item.
Specialty food store
Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged),
confectionery products (i.e., packaged), nuts, spices, and gourmet foods.
Streetscape Treatments
Streetscape treatments shall include all improvements in a R -O -W that create an attractive and
safe pedestrian environment. Treatments shall include street trees, street light standards, and
trash receptacles. Streetscape treatments may also include a range of provisions such as
paving materials, street /pedestrian/wayfinding signs, media boxes, parking meters, utility
boxes, seating, public art /water features, bike racks, bollards, information kiosks, etc.
37 -7
37.4 DEVELOPMENT REGULATIONS FOR NON - RESIDENTIAL AND MIXED -USE
BUILDINGS
All non - residential and mixed -use building development in the Downtown district shall be
exempt from the all standards specified under Section 43 in lieu of the development standards
set forth below. In the Downtown district, the following development regulations shall be
applicable to all non - residential and mixed -use buildings:
Building Height: Non - residential and mixed -use buildings shall not be less than
twenty feet (20') (including parapet height) in height nor more than fifty -two feet (52')
in height; with the exception of development located along Hwy 114 which shall be no
more than 90 feet. The 90 -foot height limitation shall apply to all non - residential and
mixed -use buildings within a 1,000 -foot wide strip, parallel to and along the southern
edge of Hwy 114 R -O -W.
The height shall be measured from the sidewalk or ground surface elevation
along the side of the building fronting onto a public right -of -way to the top of
the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and
not along the side(s) of the building facing onto interior portions of the block.
2. For buildings whose adjoining sidewalk or ground surfaces slope an average of
5% or more as measured along portions of the building abutting a public right -
of -way, a maximum building height of fifty -seven (57) feet shall be permitted.
Public buildings may be built to four (4) stories or sixty -five (65) feet in height
unless they are within 1,000 feet of Hwy 114, in which case they may be built
to six (6) stories or ninety (90) feet.
4. Architectural embellishments not intended for human occupancy that are
integral to the architectural style of the building, including spires, belfries,
towers, cupolas, domes, and roof forms whose area in plan is no greater than
25% of the first story plan area may exceed the height limits of this section by
up to the lesser of 50% over the permitted building height or 100% over the
actual building height, -and shall be exempt from the maximum elevation
limitation of Section 37.4 (a).
5. Mechanical equipment, including, mechanical /elevator equipment penthouse
enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues,
fire sprinkler tanks, and other similar constructions may extend up to twenty
(20) feet above the actual building height, and provided the same shall be
subject to approval at approval of the applicable Site Plan unless: 1) they are
setback from all exterior walls a distance at least equal to the vertical dimension
that such items(s) extend(s) above the actual building height, or 2) the exterior
wall and visible roof surfaces of such items that are set back less than their
vertical dimension above the actual building are to be constructed as
architecturally integral parts of the building facade(s) or as architectural
embellishments as described in Section 37.4 (a) 4 above.
37 -8
b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear
yard setback is required in the Downtown district:
Buildings along F.M. 1709 and the east right -of -way of North Carroll Avenue
shall maintain a minimum thirty -two (32) foot setback; provided, however, in
areas where right -of -way is provided for acceleration or deceleration lanes, the
minimum required setback shall be reduced to twenty (20) feet. No service
drives, parking or other impervious surfaces with the exception of
sidewalks /trails shall be located in the setback area unless the buildings are
setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM
1709 and North Carroll Avenue be less than twenty (20) feet.
2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet
from the projected future right -of -way of State Highway 114.
As to the rest of the Downtown district boundaries, no building shall be located
closer than fifteen (15) feet from the boundary of the Downtown district.
Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %.
However, the maximum aggregate lot coverage for all buildings as a percentage of the
Downtown district as a whole (including the area of dedicated public streets, private
drives and common open space) shall not exceed fifty -five percent (55 %).
d. Building Envelopes: Where `Building Envelopes" are indicated on the Concept Plan,
no building (excluding parking structures) shall be constructed, in whole or in part,
outside of any Building Envelope as shown without a Specific Use Permit, as
determined by the City Council in connection with development plan or site plan
review.
Common Open Space: Common Open Space as designated on the Concept Plan shall
be provided for public use. No building or other structure shall be constructed on any
Common Open Space without the prior approval of City Council, except as follows: a
bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south,
Fountain Place to the north, Grand Avenue to the east and State Street to the west.
f. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be
constructed prior to the construction of any above - ground structured parking behind
such buildings that may be visible from F.M 1709 or North Carroll Ave.
g. Building Orientation: Any building (excluding parking garages and accessory
buildings) within one hundred fifty (15 0) feet of a public right -of -way shall either face
such right -of -way or shall have a facade facing such right -of -way in keeping with the
character of the main facade.
37 -9
h. Design Guidelines The property owner shall provide an exhibit as appropriate with
each development /site plan application showing that all development in the Downtown
district meets the standards outlined in the Downtown district Design Guidelines, as
amended and adopted by City Council. Nothing in this paragraph shall require the
retrofitting of an existing building.
i. Projections into Required Setback or into a Right -of -Way: The following
projections shall be permitted into a required setback or landscape area or into a public
easement or right -of -way, provided that i) no projection shall be permitted into a public
easement or right -of -way along FM 1709, North Carroll Avenue or State Highway
114; ii) such projections do not extend over the traveled portion of a roadway; iii) the
property owner has assumed liability related to such projections; and iv) the property
owner shall maintain such projections in a safe and non - injurious manner:
Ordinary building projections, including but not limited to water tables, sills,
belt courses, pilasters, and cornices may project up to twelve (12) inches
beyond a building face or architectural projection.
2. Roof eaves may project up to thirty -six (36) inches beyond the building face or
architectural projection.
Architectural projections, including bays, towers, and oriels; show windows
(1st floor only); below grace vaults and areaways; and elements of a nature
similar to those listed; may project up to forty -eight (48) inches into a required
yard or beyond the building face.
4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3)
above less than eight (8) feet above the ground elevation may extend more than
forty -eight (48) inches into a required yard or beyond the building face.
5. Canopies and /or awnings may project from building face and may extend to, or
be located within eight (8) inches of the back of curb subject to the following
during development /site plan approval. If a canopy support is closer than two
(2) feet from the back of the curb, there shall (a) be no on- street parking or
loading zones along that stretch of canopy; or (b) be parallel parking along the
curb; or (c) be angled parking protected by wheel stops preventing vehicular
overhang over the curb. Ground - mounted supports, subject to the above
standard, may be approved as part of development plan or site plan review, as
determined by the City Council.
6. Below -grade footings approved in connection with building permits.
Off - Street Parking: With the following exceptions, parking shall be provided pursuant
to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall
be calculated in accordance with the provisions of Section 35 (including the shared
parking provisions of Section 35.2):
37 -10
On- street as well as off - street parking shall be permitted within the Downtown
district.
2. Up to twenty -five percent (25 %) of required parking may be compact spaces
having a minimum space width of eight (8) feet and a minimum space length of
sixteen (16) feet; provided, however, compact spaces shall not be allowed on-
street and shall be limited to off - street parking locations. Compact parking
spaces shall not be allocated to any retail or food service uses but could be
counted toward meeting the parking requirement for business, professional, and
technical uses up to a maximum of twenty -five percent (25 %). Each compact
space shall be clearly designated.
Required parking shall be located and maintained anywhere within the
Downtown district. On- street parking and shared parking anywhere within the
Downtown district may be counted toward the off - street parking requirement
for the Downtown district.
4. Where on- street parking is permitted, angled, as well as parallel parking shall be
permitted. Both forty -five (45) degree and sixty (60) degree angled parking
shall be permitted. However, no on- street, drive, or common access easement
parking shall be permitted within thirty (30) feet of the cross curb line for a
cross street, drive, or common access easement.
5. When a mixture of office, retail, and other uses are located in the same block or
street, parking requirements for such the uses shall be reduced at a rate of ten
(10) percent in order to promote shared parking.
6. The parking requirement for office uses is one (1) parking, space for 330 square
feet of floor area.
7. The parking requirement for all retail uses is one (1) space for 220 square feet
of floor area
8. Cumulative parking tabulations shall be submitted with each site plan and /or
development plan.
k. Off - Street Loading: With the following exceptions, off - street loading shall be
provided pursuant to Section 36 of the Comprehensive Zoning Ordinance:
1. The minimum dimension of loading spaces shall be as follows:
10' x 25' regular size space
10' x 50' large space
2. The calculation of the minimum number of off - street loading spaces shall be in
conformance with the following schedules and rules regarding shared spaces:
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i. Number of spaces:
Office Uses or portion of building devoted to office uses:
0 — 49,999 sf
0 spaces
50,000 — 149,999 sf
1 regular space
150,000 — 249,999 sf
2 regular spaces
250,000 sf and up
3 regular spaces
Retail Uses with the following Tenant size:
0 — 9,999 sf
0 spaces
10,000 — 49,999 sf*
1 regular space
50,000 — 99,999 sP
1 regular space and
1 large space
100,000 sf and up*
2 large spaces
Restaurant Uses with the following Tenant size:
0 — 9,999 sf
0 spaces
10,000 sf and up*
1 regular space
*The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined
within a single building and treated as a single tenant.
ii. Loading spaces that are adjacent and accessible to several buildings or tenant
spaces, including buildings and tenant spaces on separate lots, shall be allowed
to suffice for the loading requirements for the individual buildings or tenants
provided that i) the number of spaces satisfies the requirements for the
combined square footages for the buildings or tenants in question, and ii) for
loading spaces to be shared among separate lots, an agreement evidencing the
right of tenants to the use of such spaces shall be provided.
1. Streets and Sight Triangles: Within the Downtown Zoning district the following
street design standards shall apply:
Except as provided herein, no sight triangle shall be required. Adequate sight
distance will be provided at all intersections through the use of appropriate
traffic control devices. Sight triangles for vehicles exiting the development for
both public streets and private drives shall be provided at intersections with FM
1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight
triangles shall be the triangle created by connecting a point which is ten (10)
feet into the site along the right -of -way at the intersection and a point extending
away from the intersection a distance of forty (40) feet along the existing
roadway right -of -way line.
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F.M. 1709 or 5.H 1 14 Access Road
40' -0" 40' -0"
10' -0"
Figure 37.1 Sight Triangles
2. For plantings within twenty (20) feet of any public street intersection, shrubs
and groundcover shall not exceed two (2) feet in height and tree branching shall
provide seven (7) feet of clearance as measured from the top of the ground
surface to the first branch along the tree trunk.
Nothing contained herein shall vary or supersede public safety requirements of
the City of Southlake as set forth in the Uniform Fire Code and other applicable
laws, rules and regulations of the City of Southlake.
M. Buffering and Screening —The following standards for buffering and screening shall
apply to all non - residential and mixed use buildings in the Downtown district:
Parking lot layout, landscaping, buffering, and screening shall minimize direct
views of parked vehicles from streets and sidewalks, and avoid spill -over light,
glare, noise, or exhaust fumes onto adjacent properties, in particular single -
family residential properties. Parking lots exposed to view from abutting
single- family residential properties shall be surrounded by a minimum of a 3-
foot high barrier in the form of berms, shrubs, walls, or a combination thereof.
2. Transformers, HVAC equipment (if located at the ground level), lift stations,
utility meters, and other machinery, as well as garbage collection points, should
be located at the rear lane, drive or alley. If such uses are visible from any
adjacent rights -of way or property, they shall be totally screened by a fence or
suitable plant or other visual barrier of an appropriate height or as proposed
and approved in a development /site plan. Trash dumpsters shall have a metal
door which shall remain closed at all times.
Off - street loading areas shall be adequately screened from view of any adjacent
single - family residential use.
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4. Outside storage standards in Section 39.5 shall apply to all areas of primary and
ancillary outdoor storage uses in the Downtown district, with the exception of
related uses specifically authorized in this section.
n. Above Grade Structured Parking — Parking structures shall be permitted in the
Downtown district with a Specific Use Permit authorized by City Council. The
following standards shall apply to above grade structured parking facilities:
Any visible elevations of any parking structure from adjacent street R -O -Ws
shall have a solid parapet wall of not less than forty -six (46) inches and shall
utilize colors consistent with the surrounding principle buildings. All parking
structures shall be designed in compliance with the Downtown District Design
Guidelines, as amended.
2. At least 75 percent of the area occupied along street level facade of any parking
structure that is immediately adjacent to a sidewalk or street right -of -way shall
be developed for active office or retail uses.
If not abutting a right -of -way, above grade structured parking facilities shall be
provided with adequate access from public right(s) -of -way via private drive(s)
and /or access easements.
4. Entries and exits to and from parking structures shall be clearly marked for both
vehicles and pedestrians by materials, lighting, signage, etc., to ensure
pedestrian safety on sidewalks.
o. Accessory Structures — The following restrictions shall apply to accessory structures
of non - residential and mixed use development:
With the exception of the following items, accessory structures shall not exceed
one (1) story or a height of fourteen (14) feet.
i. park pavilions or bandshells not exceeding fifty -two (52) feet in height
2. Except for open spaces and open space amenities, no accessory structure shall
be located between the front lot line and the principal building on a lot.
P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the
requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following
requirements for minimum Court widths shall apply:
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Minimum widths shall be based on the following schedule:
COURT TYPE
MINIMUM WIDTHIAREA
Court; Open Court
3 inches per 1 foot of building height, min. 12 feet
Closed Court:
Min. area equal to twice the square of the width of
the court based on surrounding building height, but
not less than 250 sq. ft.
Court Niche:
no portion shall be more than 3 feet (measured
horizontally) from a point where the court niche is
less than three feet wide
q. Interior Landscape Areas & Streetscape Treatments — Specific requirements for
interior landscape areas and streetscape treatments shall be proposed by the developer
at the time of development plan or site plan review. They shall be reviewed by the
City's Landscape Administrator at the time of development plan or site plan review for
conformity with the Downtown District Design Guidelines, as amended, to create an
attractive, pedestrian- friendly district. Any landscaping in a surface parking lot
approved in connection with development plan or site plan approval for such lot, which
is taken out in connection with the later construction of a parking structure, shall be
relocated or replaced.
Irrigation — Required landscaping shall be served by an irrigation system meeting the
requirements of Section 3.6 of Ordinance 544, except in those instances and in those
areas where installation of such a system is a) potentially harmful to any preserved or
existing plant materials; b) not reasonably required due to the nature of the plant
material (e.g. where irrigation could be detrimental to drought - tolerant plant species);
or c) create a situation possibly harmful to public health, safety or welfare.
Determination of the situations described above shall be made by the City's Landscape
Administrator.
37.5 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND
DETACHED) RESIDENTIAL USES
All single - family (attached and detached) residential development in the Downtown district
shall be exempt from the standards specified under Section 43 in lieu of the development
standards set forth below. In addition to the SUP requirements under Section 45, the
following standards shall protect and encourage various types of single- family dwellings within
the Downtown district. The minimum standards as set forth below shall apply to all single -
family residential uses.
Height. No principal single - family residential building or structure shall exceed three
(3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty -two feet
(52') in height. Residential accessory buildings shall be a minimum of twelve feet (12')
in height and a maximum of twenty -eight feet (28'). The height shall be measured from
the sidewalk or ground surface elevation along the side of the building fronting onto a
public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid-
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point for sloped roofs, and not along the side(s) of the building facing onto interior
portions of the block
Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs
and other architectural elements may project into such yard, up to the lot line. The
maximum front yard setback shall be fifteen feet (15').
Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side
yard, except on corner lots, where the side yard adjacent to the street may be up to a
maximum of fifteen feet (15'). If residential dwellings are detached, separation
between the units shall meet the minimum required for fire safety.
d. Rear Yard. There shall be a rear yard of not less than five feet (5')
Maximum Lot Coverage. There shall be no maximum lot coverage.
f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty -
seven (1,687) square feet for residences with detached garages, and (b) one thousand
one hundred twenty -five (1,125) square feet for residences with attached garages.
g. Lot Dimensions. Each lot shall have a minimum width of twenty -two and one -half
feet (22.5'). The minimum lot depth is: (i) seventy -five feet (75') for residences with
detached garages; and (ii) fifty feet (50') for residences with attached garages.
h. Floor Area. Each single- family dwelling unit shall contain a minimum of two thousand
(2,000) square feet of gross floor area (excluding the area of any accessory structures
on the same lot).
i. Location. Single - family residential uses in the Downtown district are limited to the
area east of Central Avenue.
Residential Units Permitted. The number of single - family (attached and detached)
units allowed shall be no more than 115 as specified in the Development Plan filed in
conjunction with a request for Specific Use Permit for residential development within
the Downtown district.
k. Parking
(i) Two (2) off - street parking spaces must be provided for each dwelling unit.
(ii) One (1) on- street parking space must be provided for each dwelling unit.
1. Electrical Service. A lot for a single - family use may be supplied by not more than one
electrical utility service, and metered by not more than one electrical meter.
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M. Building Limitations
All residential structures (including accessory buildings) are required to be
sprinklered; provided that a series of attached structures may be combined and
treated as a single structure.
2. All residential structures shall be designed and built similar in character to the
elevations /drawings submitted with an approved development or site plan.
All residential structures shall have all exterior walls constructed using a
masonry material covering at least eighty percent (80 %) of said walls, exclusive
of windows, doors, roofs, glass construction materials, or sidewalk or walk-
way covers. "Masonry materials" shall mean and include brick, stone, rock or
other masonry materials of equal characteristics. The use of stucco or a similar
material shall be subject to City Council approval with the review of a site plan
submitted with a SUP application.
n. Curvilinear Streets. The curvilinear street standards specified in the Subdivision
Ordinance shall not apply to residential development within the Downtown district.
o. Open Space. Residential development within the Downtown district shall be exempt
from the Open Space requirements specified within Ordinance 483 for residential uses.
However, open space in the Downtown district shall be planned in conjunction with an
overall concept and development plan approved by City Council.
P. Use Limitations on Residentially Designated Buildings. Once designated for single -
family residential uses with City Council approval of an SUP, non - residential uses in
single- family structures shall be limited to home occupations only. Any change in such
use shall constitute a zoning map amendment and shall be processed as such.
q. Design Guidelines. All single - family residential development shall meet the standards
outlined for single - family residential development in the Downtown District Design
Guidelines as amended and adopted by City Council.
37.6 APPLICATION AND DEVELOPMENT REVIEW PROCESS
Applications requesting a rezoning to the Downtown district shall be submitted with a Concept
Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area)
or a Development Plan as specified under Section 40 (for proposals encompassing less than 100
acres is land area). An application for a rezoning to the Downtown district shall result in a
contiguous boundary of the Downtown district of no more than 165 acres and no less than 100
acres within the entire city. The Planning & Zoning Commission shall make a recommendation on
the rezoning request and the City Council may approve any such proposal, together with any
conditions, requirements or limitations thereon which the Planning & Zoning Commission or City
Council deems appropriate and is agreed to by the applicant. No minimum area shall be required
for the submission of a development plan application.
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a) Development Plan
An application for rezoning to the Downtown district shall include and be
accompanied by a development plan (for proposals less than 100 acres) Changes
in the development plan shall be considered the same as changes in the Official
Zoning Map. The proposed development plan shall be processed as required
except that changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which meet the conditions set
forth in Section 40.6 of this ordinance, may be approved by the Administrative
Official.
2. The Development Plan may, in some cases, be a two -phase document. The first
phase shall illustrate and contain the applicant's request and suggestion for the
use, configuration of buildings, parking, etc., and the second phase shall illustrate
the development plan showing the suggestions and recommendations of the
Planning and Zoning Commission after review of Phase One. In addition to the
requirements set forth in Section 40.3 of this ordinance, the development plan
shall provide as much detail as possible including, but not necessarily limited to:
i. A scale drawing showing any proposed public or private streets and alleys;
building site, or building lots; any areas proposed for dedication, or
reserved as parks, parkways, playgrounds, utility and garbage easements,
school sites, public buildings, street widening, street changes; and the points
of ingress and egress from existing public streets on an accurate survey of
the boundary of the tract.
ii. For buildings more than one (1) story in height, elevations and /or
perspective drawings may be required in order that the relationship of the
buildings to adjacent property, open spaces and to other features of the
development plan may be determined. Such drawings need only indicate
the height, number of floors and exposures for access, light and air.
iii. For development projects influenced by, impacting on flood -prone areas, or
containing major drainageways or areas flood -prone by definition of the City
Engineer, a preliminary drainage plan shall be a part of the development
plan. This requirement may be waived only upon the recommendation of
the City Engineer.
iv. A screening and landscaping plan shall be required where such treatment is
essential to the proper arrangement of the development in relation to
adjacent property. Such plan shall meet the standards established for
Screening and Buffering in the Downtown district.
v. Any or all of the required features may be incorporated on a single drawing
if such drawing is clear and capable of evaluation and interpretation by the
Administrative Official.
WME
b. Site Plan
All non- residential and mixed use development in the Downtown Zoning district shall
submit a site plan meeting the requirements of Section 40 of this ordinance.
This site plan shall be submitted either concurrently with the development plan for this
phase or prior to requesting a building permit. This site plan may only be approved
following a public hearing before the Planning & Zoning Commission and the City
Council in accordance with the same notice and hearing requirements for zoning
changes as set forth in Section 46 of this ordinance.
37.7 ACCESSORY USES
In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2,
accessory uses authorized under Section 34 of this ordinance may also be permitted use.
Standards in Section 34 shall apply to all accessory structures and uses.
37.8 SPECIFIC USE PERMITS
In addition to uses and standards listed under this section, specific use permits may be
approved by the City Council following a recommendation from the Planning and Zoning
Commission as specifically authorized in Section 45 of this ordinance, subject to full and
complete compliance with any and all conditions required in Section 45, together with any
other conditions as the City Council may impose. Any use accessory to an approved specific
use permit shall be permitted without specific approval if it complies with the conditions for an
accessory use as defined in this ordinance.
Specific use permit requests for residential uses in the Downtown district shall be accompanied
by development plan amendment applications together with any other information deemed
necessary by decision making authorities, including elevations, renderings, and other layouts.
Once the development plan has been amended and an SUP granted by City Council to permit
residential uses, conversion to any other use shall also be considered as a further change to the
approved development plan and shall be reviewed as such.
37.9 SPECIAL EXCEPTION USES
Special exception uses may be approved by the Board of Adjustment as specifically authorized
in Section 44 of this ordinance subject to full and complete compliance with any and all
conditions required in Section 44, together with any other conditions as the Board of
Adjustment may impose. Any use accessory to an approved special exception use shall be
permitted without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance.
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