HomeMy WebLinkAboutZoning Ordinance, Section 1305SECTION 1305
Sec. 1305. Considerations generally; criteria; standards; findings and determinations required.
The City agent, board, or commission that is charged with decisions concerning each of the special
permits shall review the proposal before them and shall make, or cause to be made, written findings and
determinations in accordance with the established applicable criteria set forth in this zoning ordinance
and the City Code. Such findings shall be used to approve, approve with conditions, or deny the pending
application.
Approvals shall be issued when such application complies with all applicable criteria.
Conditional approvals, shall be issued when such applications require conditions in order to be found in
compliance with all applicable criteria.
Denials of applications shall be issued if after conditions and safeguards have been considered, the
application still fails to comply with all applicable criteria.
1305.1. Temporary use/occupancy; criteria and mandatory referrals.
1305.1.1. Referrals.
As appropriate to the nature of the temporary use and/or occupancy of the special permit involved and
particular circumstances of the case, the following conditions enumerated in this sub -section in addition
to any other specific consideration(s) set forth elsewhere in the City Code, this zoning ordinance, or any
other applicable regulation(s) shall apply:
Referrals: The zoning administrator shall make referrals as specified herein based on the nature of the
application.
Zoning. Review by zoning for compliance with applicable zoning regulations.
Fire. Referral to the Fire Rescue and Inspection Services department for review of fire safety controls
as determined by the department.
Police. Referral to the Police Department for review of traffic safety, including provisions of traffic
monitors; crowd control measures; and any other life/safety issues as determined by the department.
NET. Referral to the appropriate NET Service Center Office for review and approval of operational
plan, which shall include: number of trash receptacles and locations, frequency of trash pick-up, name
and 24-hour telephone number of contact person responsible for handling maintenance and/or
emergency issues, noise control measures, and any other specific considerations that the NET
Administrator deems necessary in order to make an informed recommendation based on the nature of
the application.
Other. Referral to other governmental agencies with the necessary expertise that the Zoning
Administrator requires based on the nature of the application in order to make an informed decision.
TABLE INSET:
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TEMPORARY USE/OCCUPANCY
ubcct to p€ rmissibility as specified within the district regulations.
ZONING
I RE
' OLICE
NET
OTHER
Balloons
X
1
1
X
X
Development signs
X
X
X
Community or neighborhood bulletin boards or kiosks
X
X
X
Christmas tree sales on a vacant lot or portions of a lot
X
X
X
Sale of goods pertaining to a national legal holiday
X
X
X
Outdoor display of produce and foods.
X
X
X
Aluminum recycling machines
X
X
Curbside delivery receptacles other than US Mall
X
X
X
Temporary special event
X
1
1
X
X
Temporary carnival, festival, fair or special event
X
1
1
X
X
Special access for emergency vehicles through private residential districts.
X
1
1
X
X
Pedestrian and cyclist access through private residential districts
X
1
1
X
X
Temporary offstreet offsite parking for construction crew
X
X
X
Offsite parking for portions of SD-2
X
X
X
1305.1.2. Criteria.
Approvals of Class I Special Permits for temporary activities by the Zoning Administrator shall be based
on the criteria utilized by the different agencies upon which referrals were made. Such criteria shall be
as determined by each of the technical agencies and as regulated by other applicable laws. The Zoning
Administrator shall review comments as provided by each agency to determine whether the proposed
request for temporary activity complies with all of the individual criteria. A recommendation of denial
by any particular agency shall be accompanied by specific findings from such agency which enumerates
how the request does not comply with their individual criteria. The duration of each such temporary
use/occupancy shall be clearly stated within the approved Class I Special Permit.
1305.2. Design review criteria.
As appropriate to the nature of the special permit involved and the particular circumstances of the case,
the following considerations and design criteria as specified on the following table shall apply to issues
related to design, character and compatibility of the proposed application in addition to any other
specific consideration(s) set forth elsewhere in this zoning ordinance, the City Code, or any other
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applicable regulation(s). Special consideration shall also be given to redevelopment activity within
Community Revitalization Districts and/or where a plan is in place. For the purposes of this Section a
"plan" shall mean a master plan, Design Guides and Standards or special zoning district.
TABLE INSET:
DESIGN REVIEW
CRITERIA
I DUSTRIAL
LIBERAL
C4?tI11IERCiAL-COl
RESTRICTED
COMMERCIAL
OFFICE AND
INSTITUTIONAL
MULTIFAMILY
RESIDENTIAL
LOW DENSITY
RESIDENTIAL
I. Site & Urban Planning:
(1) Respond to the
physical contextual
environment taking into
consideration urban form
and natural features.
X
X
X
X
X
X
(2) Siting should minimize
the impact of automobile
parking and driveways on
the pedestrian
environment and adjacent
properties.
x
X
X
X
X
X
(3) Buildings on corner
lots should be oriented to
the corner and public
street fronts.
X
X
X
II. Architecture and Landscape Architecture:
(1) A project shall be
designed to comply with
all applicable landscape
ordinances.
x
X
X
X
X
X
(2) Respond to the
neighborhood context.
X
X
X
X
X
X
(3) Create a transition in
bulk and scale.
X
X
X
X
X
(4) Use architectural styles
and details (such as roof
lines and fenestration),
colors and materials
derivative from
surrounding area.
x
X
X
X
X
(5) Articulate the building
facade vertically and
X
X
X
X
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horizontally in intervals
that conform to the
existing structures in the
vicinity.
III. Pedestrian Oriented Development:
(1) Promote pedestrian
interaction.
X
X
(2) Design facades that
respond primarily to the
human scale.
X
X
X
X
(3) Provide active, not
blank facades. Where
blank walls are
unavoidable, they should
receive design treatment.
X
X
X
X
X
IV. Streetscape and Open Space:
(1) Provide usable open
space that allows for
convenient and visible
pedestrian access from the
public sidewalk.
X
X
X
(2) Landscaping, including
plant material, trellises,
special pavements, screen
walls, planters and similar
features should be
appropriately incorporated
to enhance the project.
X
X
X
X
X
X
V. Vehicular Access and Parking:
(1) Design for pedestrian
and vehicular safety to
minimize conflict points.
X
X
X
X
X
(2) Minimize the number
and width of driveways
and curb cuts.
X
X
X
X
(3) Parking adjacent to a
street front should be
minimized and where
possible should be located
behind the building.
X
X
X
X
(4) Use surface parking
areas as district buffer.
x
X
X
X
X
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VI. Screening:
(1) Provide landscaping
that screen undesirable
elements, such as surface
parking lots, and that
enhances space and
architecture.
X
X
X
X
(2) Building sites should
locate service elements
like trash dumpster,
loading docks, and
mechanical equipment
away from street front
where possible. When
elements such as
dumpsters, utility meters,
mechanical units and
service areas cannot be
located away from the
street front they should be
situated and screened from
view to street and adjacent
properties.
X
X
X
X
X
(3) Screen parking garage
structures with program
uses. Where program uses
are not feasible soften the
garage structure with
trellises, landscaping,
and/or other suitable
design element.
X
X
X
X
VII. Signage and Lighting:
(1) Design signage
appropriate for the scale
and character of the
project and immediate
neighborhood.
X
X
X
X
X
(2) Provide lighting as a
design feature to the
building facade, on and
around landscape areas,
special building or site
features, and/or signage.
X
X
X
X
X
(3) Orient outside lighting
to minimize glare to
adjacent properties.
X
X
X
X
X
X
(4) Provide visible signage
identifying building
addresses at the
X
X
X
X
X
X
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entrance(s) as a functional
and aesthetic
consideration.
VIII. Preservation of Natural Features:
(1) Preserve existing
vegetation and/or
geological features
whenever possible.
X
X
X
X
X
X
IX. Modification of
Nonconformities:
See sec. 1105 of this
zoning ordinance for
specific regulations.
In addition to the
applicable criteria as set
forth by the Director of the
Planning and Zoning
Department per sec. 1105,
the following criteria shall
apply in making
determinations for Class II
Special Permits:
(1) For modifications of
nonconforming structures,
no increase in the degree
of nonconformity shall be
allowed.
X
X
X
X
X
X
(2) Modifications that
conform to current
regulations shall be
designed to conform to the
scale and context of the
nonconforming structure.
X
X
X
X
X
X
1305.2.1. Status of prior development and application for development.
All development in existence, or any complete application for development filed prior to January 1,
2004 that does not comply with the criteria specified in Section 1305.2 shall not be considered a non-
conformity for purposes of Article 11 and all other applicable Sections of this ordinance.
1305.3. Use and occupancy criteria.
As appropriate to the nature of the special permit involved and the particular circumstances of the case,
the following considerations and criteria as specified below shall apply to issues related to use and
occupancy of the proposed application in addition to any other specific consideration(s) set forth
elsewhere in this zoning ordinance, the City Code, or any other applicable regulation(s).
1305.3.1. Manner of operation.
Review for adequacy shall be given to the manner in which the proposed use will operate given its
specific location and proximity to less intense uses. Particular consideration shall be given to protecting
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the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts,
and the spillover effect of light.
1305.3.2. Design.
Applicable design review criteria as specified in Section 1305.2 shall apply.
(Ord. No. 12467, § 2, 12-18-03)
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