HomeMy WebLinkAboutSection 1305SECTION 1305
Sec. 1305. C:( siderations generally; criteria; standards; findings and determinations required.
The City agent, board, or commission #hat is charged with decisions concerning each of the special
pertnits 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_ Iernporart' a ase/occupancy; criteria and mandatory referrals.
1305.1.I. 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: &lumber 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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Balloons
Development signs
Comma lily or ne.g hherhancl bulletin boards or masks
Christmas tree sales on a vaf.irlt lot or portions of a lot
Sale of goods pertaining to a national legal holiday
Outdoor display of po duce and foods
racvci ng rott(i1it1CS
Curbside delivery receptacles other than tS Mall
i ernporaty special event
Temporary carnival. Festiva[, lair or special event
Special access for emergency vehicles through private residential districts.
Pedestrian and cyclist access through private residential districts
Temporary offstreet ofisite parking for construction crew
Offsite parking For portions of SD-2
X
1305.1.2. Criteria.
Approvals of Class l 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 l 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 regnlation(s). Special consideration shall also be riven 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.
l'AF3l,E 1NSI: `I :
( )Respond to the
physical contextual
environment taking into
consideration urban form
and natural features
X
(2) Siting should minimize
the impact of automobile
,parking and driveways on
the ]pedestrian
environment and adjacent
properties.
X
X
(3) Buildings on Corner
iota should be oriented to
the corner and public
street fronts.
X
Architeetur and Landscape Archite.etu
(1) A project shall he
designed to comply with
all applicable landscape
ordinances.
]•X
(2) Respond to the
neighborhood context.
X
(3) Create a transition in
bulk and scale_
(4) Use architectural styles
and details (such as roof
lines and fenestration):
colors and materials
derivative from
surrounding area.
.X
(5) Articulate the building
facade vertically and
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hLlrizf1tlls.11y 111 1n e. - is
that conform to the f
existing structures ii111]s
V iClility
f
{
,
ILI. Pedestrian Oriented Development:
( I ) Promote pedestrian
interaction.
(2) Design facades that
respond primarily to the
human scale-
X
X
X
X
(3) Provide active 1101
blank facades. Fh'here
blank walls are
unavoidable, they should
receive design treatment.
X
X
X
X
x
C . Street tap 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
t. Ye -We -War Actess and Parking:
( I ) Design for pedestrian
and vehicular safety to
minimize conflict points.
X
X
X
X
rX
(2)1Ylinin,ize 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
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VI. Screening:
I) Provide landscaping
.hat screen € ndesirable
:dements, tuiell sa:* sllrtU e
narking luts:ald that
p: .
_nhances space e and
areharictute
7
�
IX
X
1
V
X
Si
.2) f3i.illdli% sites should
locate service elements
like wish dumpster,
loading docks, and
mechanical ecluipmcnt
away From street front
where possible. When
elements such as
.I :TE Asters, utility meters,
mechanictilunits . ii
ervice areas cannot be
located awvay from the
street front they should be
situated and screened from
view to street and adiacent
properties
(3) Screen parking garage
structures with pro's
uses- Where program uses
are not feasible soften the
garage structure v'. i I i
trellises, landscaping
and/or Bother suitable
design element.
X
X
X
IX
rrll1. Sigiage and t.i ;siting:
(I) 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
(3) Orient outside lighting
to minimize elare to
adjacent properties.
X
X
X
X
X
X
(4) Provide visible signagt.
identifying building
addresses at the
X
X
X
x
X
X
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nd at"sthetrx
'onsidei'atwn.
Vlll. Preservation
orNatural F'extures:
I) Preserve existinv
vegetation and/or
,.eological features
henever possibie.
V. Modzf[t'aiion of
ee sec 1 105 of this
.onine ordinance for
•pccific regulation.
in adduitm to the
applicable criteria a:. ;Al
forth by the Director of the
'Tanning and Zoning
)epartment per see 1 105,
he following critene shall
PPIY in making
<eterininations for Class 11
pedal Permits
X
[
X
1) For modifications of
onconforming structures,
to increase in the degree
of nonconformity shall he
R Ilowed,
X
X
{
X
X
X
X
3
2) Modifications that
ontorm to current
eguiations shall be
esigned to conform to the
,cage and context (Lithe
tonconforming structure_
X
X
X
a
X
.1305.2,1. Status of prior development and application for development.
All development in existence, or any complete application for development fled 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 .1rorn excessive noisc, fumes, odors. cunimercial vehicle intrusion traffic co bets,
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, ] 2-18-0 3)
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