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File #: 2003-2554    Version: 1
Type: Ordinance Status: Passed Finally
File created: 11/24/2003 In control: Committee on Planning, Zoning & Land Use
On agenda: Final action: 12/31/2003
Enactment date: 12/31/2003 Enactment #: 45
Effective date: 1/12/2004    
Title: An Ordinance amending certain portions of the Pittsburgh Code of Ordinances, Title Nine, Zoning, Chapter 903.02.E.2 (Site Plan Review), Chapter 904.01.D (Site Plan Review), Chapter 904.02.D (Site Plan Review), Chapter 904.03.D (Site Plan Review), Chapter 904.04.D (Site Plan Review), Chapter 904.05.D (Site Plan Review), Chapter 904.06.D (Site Plan Review), Chapter 904.07.D (Site Plan Review), Chapter 905.01.D (Site Plan Review), Chapter 922.04.A (Applicability), and Chapter 922.04.C (Action by the Zoning Administrator) to require Site Plan Review in various zoning districts under certain conditions, Chapter 922.01.D (Development Site Plans) to provide specifications for graphic material required with permit applications, Chapter 922.02 (Occupancy Permits) to provide procedures for the submission of Certificates of Occupancy and to specify when such application is and is not required, Chapter 922.06.B (Notice) to provide procedures for public notice as required for an application for Con...
Indexes: CONDITIONAL USE APPLICATION, PGH. CODE ORDINANCES TITLE 09 - ZONING

Presenter

Presented by Ms. Burns

 

Title

An Ordinance amending certain portions of the Pittsburgh Code of Ordinances, Title Nine, Zoning, Chapter 903.02.E.2 (Site Plan Review), Chapter 904.01.D (Site Plan Review), Chapter 904.02.D (Site Plan Review), Chapter 904.03.D (Site Plan Review), Chapter 904.04.D (Site Plan Review), Chapter 904.05.D (Site Plan Review), Chapter 904.06.D (Site Plan Review), Chapter 904.07.D (Site Plan Review), Chapter 905.01.D (Site Plan Review), Chapter 922.04.A (Applicability), and Chapter 922.04.C (Action by the Zoning Administrator) to require Site Plan Review in various zoning districts under certain conditions, Chapter 922.01.D (Development Site Plans) to provide specifications for graphic material required with permit applications, Chapter 922.02 (Occupancy Permits) to provide procedures for the submission of Certificates of Occupancy and to specify when such application is and is not required, Chapter 922.06.B (Notice) to provide procedures for public notice as required for an application for Conditional Use, and Chapter 922.06.H (Conditional Use Plan Amendments) to provide procedures for minor changes in Conditional Use Applications by the Zoning Administrator. 

 

Body

Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1.  The designated sections of the Title Nine, Zoning of the Pittsburgh Code is hereby amended as follows:

 

1.                     Amend Section 903.02 – Use Subdistricts, 903.02.E – RM, Multi-Unit Residential, by adding the following:

 

 

Break1

 

 

 

903.02.E.2                                          Site Plan Review

 

(a)                     General

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04:

i.                     Any new construction of a multi-unit residence that includes 4 or more units; or

ii.                     Any enlargement or exterior renovation of an existing building for a multi-unit residence of 4 or more units.

 

(b)                     Standards

Any project requiring Site Plan Review in the RM district shall be subject to the Site Plan Review Criteria of Section 922.04.E

 

2.                     Amend Section 904.01 – NDO, Neighborhood Office District, 904.01.D – site Plan Review as follows:

 

904.01.D.1                      General

 

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04:

(a)                     [Any new construction on a lot that has an area of 8,000 square feet or more, or any building addition or enlargement that separately occupies a lot or area of 8,000 square feet or more] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 2,400 square feet or more;

(b)                     Any non-residential use; or

(c)                     Any off street parking area that includes more than 10 parking spaces or more than 2,500 square feet of surface area.

 

 

904.01.D.2                                          Standards

 

Any project requiring Site Plan Review in the NDO district shall be subject to the Site Plan Review Criteria of Section 922.04.E   [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.                     

                     (a)                     Build-to line

All new construction in the NDO district shall maintain 65% building frontage along the established build-to line

(b)                     Parking Areas

In addition to the Parking Regulations of Chapter 914, the following standards shall to all off-street parking areas in the NDO district.

(1)                     Location

No parking spaces shall be located between the front building façade and the front lot line.  No corner lots shall be occupied by off-street parking.

(2)                     Screening

Parking areas shall be screened from view from abutting residential properties, and shall, if possible, be located to abut the rear of adjacent residential properties rather than the side or the front.]

 

3.                     Amend Section 904.02 – LNC, Local Neighborhood Commercial District, 904.02.D, Site Plan Review as follows:

 

904.02.D.1                      General

 

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04:

(a)                     [Any new construction on a lot that has an area of 6,000 square feet or more, or any building addition or enlargement that separately occupies a lot or area of 6,000 square feet or more] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 2,400 square feet or more;

(b)                     Any off street parking area that includes more than 10 parking spaces or more than 2,500 square feet of surface area; or

                     [(c)                     Any new structure that is less than 2 stories or less than 20 feet in height.]

 

 

904.02.D.2                                          Standards

 

Any project requiring Site Plan Review in the LNC district shall be subject to the Site Plan Review Criteria of Section 922.04.E [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

                     (a)                      Build-To Line

All new construction in the LNC District shall maintain a 65 percent building frontage along the established build-to line.

                     (b) Ground-Floor Transparency

The street level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade or shall include residential type windows and door openings.

                     (c)                      Doorways and Entrances

All primary structures allowed in the LNC District shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street.

                     (d)                      Parking Areas

In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas in the LNC District.

                                          (1)                      Location

                                                               (i)                      Front

No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be used as off-street parking unless the parking area serves as a shared parking area.

                                                               (ii)                      Side

Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three feet and eight feet above parking area grade for no less than 30 percent of the horizontal length of the building facade.

                     (e)                      Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.

                     (f)                      Building Design

Varied building designs that avoid long, flat facades are required, and continuous linear strip developments are prohibited.]

 

4.                     Amend Section 904.03 – NDI, Neighborhood Industrial District, 904.03.D, Site Plan Review as follows:

 

904.03.D.1                      General

 

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04;

(a)                     [Any new construction on a lot that has an area of 8,000 square feet or more] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 2,400 square feet or more;

(b)                     Any off street parking area that includes more than 10 parking spaces or more than 2,500 square feet of surface area; or

[(c)                     Any new structure that is less than 2 stories or less than 20 feet in height.]

 

 

904.03.D.2                                          Standards

 

Any project requiring Site Plan Review in the NDI district shall be subject to the Site Plan Review Criteria of Section 922.04.E. [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

                     (a)                      Doorways and Entrances

All primary structures allowed in the NDI District shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street.

                     (b)                      Parking Areas

In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas in the NDI District.

                                          (1)                      Location

                                                               (i)                      Front

No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be occupied as off-street parking unless the parking area serves as a shared parking area.

                                                               (ii)                      Side

Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three feet and eight feet above parking area grade for no less than 30 percent of the horizontal length of the building facade.

                     (c)                      Building Design

                                          Varied building designs that avoid long, flat facades are required.

                     (c)                      Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.]

 

5.                     Amend Section 904.04 – UNC, Urban Neighborhood Commercial District, 904.04.D, Site Plan Review as follows:

 

904.04.D.1                      General

 

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04;

(a)                     [Any new construction on a lot that has an area of 8,000 square feet or more, or any building addition or enlargement that separately occupies a lot or area of 8,000 square feet or more] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 2,400 square feet or more;

(b)                     Any off street parking area that includes more than 10 parking spaces or more than 2,500 square feet of surface area; or

                     [(c)                     Any new structure that is less than 2 stories or less than 20 feet in height.]

 

 

904.04.D.2                                          Standards

 

Any project requiring Site Plan Review in the UNC district shall be subject to the Site Plan Review Criteria of Section 922.04.E. [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

                     (a)                      Build-To Line

All new construction in the UNC District shall maintain a 65 percent building frontage along the established build-to line.

                     (b) Ground-Floor Transparency

The street level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade or shall include residential type windows and door openings.

                     (c)                      Doorways and Entrances

All primary structures allowed in the UNC District shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street.

                     (d)                      Parking Areas

In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas in the UNC District.

                                          (1)                      Location

                                                               (i)                      Front

No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be used as off-street parking unless the parking area serves as a shared parking area.

                                                               (ii)                      Side

Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three feet and eight feet above parking area grade for no less than 30 percent of the horizontal length of the building facade.

                     (e)                      Building Design

Varied building designs that avoid long, flat facades are required, and continuous linear strip developments are prohibited.

                     (f)                      Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.]

 

6.                     Amend Section 904.05 – HC, Highway Commercial District, 904.05.D, Site Plan Review as follows:

 

904.05.D.1                      General

 

[Any new construction or building addition or enlargement on a lot that has an area of 20,000 square feet] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 8,000 square feet or more shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04.

 

 

904.05.D.2                                          Standards

 

Any project requiring Site Plan Review in the HC district shall be subject to the Site Plan Review Criteria of Section 922.04.E [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

                     (a)                      Building Design

Varied building designs that avoid long, flat facades are required, and continuous linear strip developments are prohibited.                     

                     (b)                      Doorways and Entrances

Each principal building on a site shall have a clearly defined, highly visible entrance.  Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms and arches.  To the maximum extent feasible, the entrance shall face a public street.

                     (c)                     Pedestrian Access

Sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public street, and at least one continuous pedestrian walkway must be provided from the street to the principal building entrance

                     (d)                     Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.]

 

7.                     Amend Section 904.06 – GI, General Industrial District, 904.06.D, Site Plan Review as follows:

 

904.06.D.1                      General

 

[Any new construction or building addition or enlargement on a lot that has an area of 20,000 square feet] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 8,000 square feet or more shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04.

                                          

                     [(a)                      Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.]

 

 

904.06.D.2                                          Standards

 

Any project requiring Site Plan Review in the GI district shall be subject to the Site Plan Review Criteria of Section 922.04.E

 

 

8.                     Amend Section 904.07 – UI, Urban Industrial District, 904.07.D, Site Plan Review as follows:

 

904.07.D.1                      General

 

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04;

(a)                     [Any new construction on a lot that has an area of 20,000 square feet or more] Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 8,000 square feet or more; or

(b)                     Any off street parking area that includes more than [50] 10 parking spaces or more than [15000] 2500 square feet of surface area.

 

 

904.07.D.2                                          Standards                     (UI district)

 

Any project requiring Site Plan Review in the UI district shall be subject to the Site Plan Review Criteria of Section 922.04.E [The following standards shall apply for the Site Plan Review unless it is determined by the Zoning Administrator that the site contains physical conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

                     (a)                      Doorways and Entrances

All primary structures allowed in the LNC District shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street.

                     (b)                      Drive-Up Windows and Drive-Through Uses

                                          See Section 913.03.F, Drive-Up Windows and Drive-Through Uses.

                     (c)                     Pedestrian Access

Sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public street, and at least one continuous pedestrian walkway must be provided from the street to the principal building entrance.]

 

9.                     Amend Section 905.01 – PO, Parks and Open Space District by adding the following:

 

905.01.D                                          Site Plan Review

 

905.01.D.1                                          General

The following shall require Site Plan Review and approval in accordance with the Site Plan Review procedures of Section 922.04:

 

(a)                     Any new construction, building addition or enlargement or exterior renovation of an existing structure on a lot that has an area of 2,400 square feet or more; or

(b)                     Any off street parking area that includes more than 10 parking spaces or more than 2,500 square feet of surface area

 

 

905.01.D.2                      Standards

 

Any project requiring Site Plan Review in the PO district shall be subject to the Site Plan Review Criteria of Section 922.04.E

 

 

10.                     Amend Section 911.04.A – Standards that apply to uses listed in the use table by making the following change:

 

911.04.A.69                     Single-Unit Detached and Attached Residential

 

(a)                     in H [and PO] Districts

                     Single-Unit Detached and Attached Residential uses shall be subject to the following conditions in the H [and PO] District[s].

 

11.                     Amend Chapter 915, Environmental Performance Standards by deleting the chapter in its entirety.

 

 

12.                     Amend Section 922.01 – General Requirements for all procedures by adding the following:

 

922.01.D                      Site Plans

 

Every application requiring a Site Plan shall locate existing and proposed improvements and graphically demonstrate existing and proposed natural, man-made and legal features on the parcel of the subject development. Site Plans shall be drawn neatly and to scale, using such a scale that all features required to be shown on the plans are readily discernable and shall be submitted on individual sheets of paper no larger than 8.5" x 14".  Very large developments may require that plans show the development in sections to accomplish this objective without resorting to plans that are so large as to be cumbersome, or the objective may be accomplished by using different plans or plans drawn to different scales to illustrate different features.  In all cases, the Zoning Administrator shall make the final determination as to whether the plans submitted are appropriate. Nothing shall preclude the Zoning Administrator from waiving any of the requirements of Section 922.01.D.

 

922.01.D.1                      Simplified Site Plan

 

Simplified Site Plans shall be required for the purpose of identifying the intended use or occupancy of a particular lot, the construction or alteration of all accessory structures as defined by Chapter 912.01, or for all extensions and additions to existing primary structures less than 2400 square feet in area, and shall accurately show, as a minimum, the following information:

 

1.                     Name of property owner;

2.                     Date of preparation;

3.                     Existing and proposed property lines with dimensions identifie;

4.                     Name of development, if applicable;

                     North arrow;

6.                     Dimensions of lot measured in accordance with Chapter 925, including the square footage of every new lot created by a new subdivision;

7.                     Name of all streets and ways upon which the lot is located;

8.                     Street address;

9.                     The location, height, and dimension of existing and proposed structures including stoops, porches, chimneys, signs, light fixtures and garbage cans or dumpsters, as well as the distances such features are set back from property lines, streets, or street right-of-way lines;

10.                     The location, height, and dimension of existing and proposed vehicle accommodation areas including parking areas and loading areas as regulated by Chapter 914, all designated by surface material with distance from buildings and property lines indicated;

11.                     The location and dimension of existing and proposed driveways and vehicle circulation areas including direction of travel lanes and aisles as regulated by Chapter 914, and curb cuts, all designated by surface material;

12.                     Existing or proposed plantings or other devices constructed to comply with the screening and landscaping requirements of Chapter 918, labeled by common or scientific name, with the distance between plantings and height and width at the time of planting and at mature growth indicated;

13.                     The location and dimension of areas to remain as usable open space;

14.                     The location, height, and dimension of existing and proposed above ground and underground utility lines and other facilities including water, sewer, electric power, telephone, gas, and cable television and other easements;

 

 

922.01.D.2                      Detailed Site Plan

 

Detailed Site Plans shall be required for the construction or alteration of all principal structures above 2400 square feet in area and all signs as regulated by Chapter 919 and shall accurately show, as a minimum, the following information:

 

1.                     All information required for a Simplified Site Plan;

2.                     The seal of a registered surveyor, engineer or architect;

3.                     The location of the property in the broad context of the City on a location map;

4.                     The width of all existing and proposed rights-of-way (streets and ways) upon which the lot is located;

5.                     The lot number of the subject property and of the abutting lots (if not in a plan of lots, show the block and lot numbers from the Allegheny County Lot and Block system);

6.                     The name of the Plan of Lots and the Recorded Plan Book Volume and Page;

7.                     Existing contour lines shown as dotted lines and proposed contour lines resulting from earth movement shown as solid lines with no larger than two-foot contour intervals;

8.                     The location and type of existing and proposed street fixtures including but not limited to utility poles, street lights, traffic signals and signs, parking meters, fire hydrants and sewer basins;

9.                     Façade elevations for new buildings or exterior remodeling of existing buildings, and all proposed exterior signs as regulated by Chapter 919, showing heights and lengths as regulated by Chapter 925;

10.                     The location, height and dimension of all existing and proposed recreational areas, with each area designated as to type of use;

11.                     The location and dimension of existing and proposed useable open space, with clear indication of whether such open space is intended to be offered for dedication to public use or to remain privately owned;

12.                     The use made of adjoining properties that lie within fifty (50) feet in any direction of the lot where development is to take place by reference to the Use Table (Chapter 911.02);

13.                     Existing and natural features including but not limited to the tree lines of wooded areas, individual trees 18 inches in diameter or more identified by common or scientific name, orchards or other agricultural groves identified by common or scientific name, streams, ponds, drainage ditches, swamps, boundaries of floodways and floodplains;

14.                     Base flood elevation data;

15.                     Existing and proposed streets, private roads, sidewalks, and other walkways, all designated by surface material;

16.                     Existing and proposed curbs, curb inlets, gutters, drainage ditches, and gates, and all storm water and drainage facilities including manholes and pipes.

 

 

922.01.D.3                      Documentation and Written Information in Addition to Plans

 

In addition to the written application and the plans, whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided.  The following is a representative list of the types of information or documents that may be requested by the Zoning Administrator:

 

1.                     Documentation confirming that the applicant has a legally sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent of such a person;

2.                     Certifications from the appropriate agencies that proposed utility systems are, or will be, adequate to handle the proposed development and that all necessary easements have been provided;

3.                     Detailed description of play apparatus or other recreational facilities to be provided in miniparks;

4.                     Legal documentation establishing homeowners associations or other legal entities responsible for control over required common areas and facilities;

5.                     Successful application for a Certificate of Appropriateness as necessary by the Historic Review Commission for properties located in all Local Historic Districts;

6.                     Successful application for a curb cut permit as required by the Department of Public Works;

7.                     Verification from the Department of Public Works that a street address has been assigned for new construction or for any use of land where a new street address is necessary;

8.                     Verification that uses of the Zoning Code will meet the performance standards set forth in Chapter 915, 916 and 917.  Such verification shall be made by a licensed engineer or other qualified expert unless it is utterly apparent to the Zoning Administrator, from the nature of the proposed development, that such expert verification is unnecessary;

9.                     Time schedules for the completion of phases in staged development;

10.                     The environmental impact of a development, including its effect on historically significant or ecologically fragile or important areas, and its impact on pedestrian or traffic safety or congestion.

 

 

                     922.01.D.4                      Number of Copies of Plans and Documents

 

With respect to all plans and other documents required by this ordinance, the developer shall submit the number of copies that the Zoning Administrator deems necessary to expedite the review process and to provide necessary permanent records

 

 

13.                     Amend Section 922.02 – Occupancy permits by making the following changes:

 

922.02.A                     Applicability

 

A Certificate of Occupancy shall be required for the lawful use or occupancy of all land, structures or premises, or parts thereof, in all of the following circumstances:

1.                     Major Excavation/Grading/Fill as defined in Chapter 911.02 (use Table);

2.                     A new or changed use of  land or new or changed use of structure [hereafter erected, structurally altered or enlarged or changed in use or to a higher intensity use] except for the noncommercial cultivation of plants and plantings;

3.                     A structure hereafter erected, altered or enlarged except for the following:

(a)                     Interior renovation not undertaken for a change of use, including but not limited to painting, blown-in insulation, waterproofing, replacing kitchen or bathroom cabinets, and floor coverings such as carpet, vinyl and tile;

(b)                     Exterior renovation that does not alter the footprint or exterior dimensions of an existing structure, including but not limited to painting, the application of sheathing such as shingles and siding, and hanging gutters and downspouts;

(c)                     Concrete on grade, including but not limited to patios, steps and driveways, but not including vehicle parking areas;

(d)                     Steam cleaning or pointing bricks;

                     [3]4.                     The erection, enlargement or reconstruction of a sign or sign structure, except signs that do not exceed four (4) square feet in area;

                     [4]5.                     Continuation of a nonconforming use and/or nonconforming structure.

 

 

922.02.C                     Application 

 

2. Each application for a Certificate of Occupancy, except for a change [of] from one conforming use to another conforming use, shall be accompanied by a [plot] site plan in a form established by the Zoning Administrator [Each application for a new business or identification sign shall also include an elevation plan, which shall proportionally describe the graphic arrangement of all material to be displayed on the sign.];

 

 

14.                     Amend Section 922.04 – Site Plan Review as follows:

 

922.04.A                     Applicability

 

                     The Site Plan Review procedures of this section shall apply to:

 

1.                     Any new construction, building addition or enlargement or exterior renovation of an existing structure in the NDO, LNC, NDI, UNC or PO district on a lot that has an area of [6,000] 2,400 square feet or more;

[2.                     Any new construction or building addition or enlargement in the NDI or UNC district on a lot that has an area of 8,000 square feet or more;]

[3]2. Any new construction or building addition or enlargement or exterior renovation of an existing structure in the HC, UI or GI district on a lot that has an area of [20,000] 8,000 square feet or more;

[4]3. Any off-street parking area in NDO, NDI, LNC [or] UNC, UI or PO district that includes more than 10 parking spaces or more than [22,500] 2,500 square feet of surface area;

[5.                     Any new building in an LNC, NDO, NDI or UNC district that is less than two stories or 20 feet in height;]

[6]4. Any construction (includes additions and rehabilitations) in the H district;

5.                     Any new construction, enlargement or renovation of a multi-unit residence of 4 or more units; and

6.                     Any development requiring Site Plan Review listed in Section 911.04 – Use Standards.

 

 

922.04.C                                          Action by the Zoning Administrator

 

1.                     Within 14 days of receiving a complete application, the Zoning Administrator may forward the application to the Planning Commission for recommendation of approval or denial based on the Site Plan Review Criteria of Section 922.04.E.  The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section 922.01.C.

 

2.                      If the Zoning Administrator refers the completed application to the Planning Commission, the Zoning Administrator must take one of the following actions within 21 days of receiving the Planning Commission's recommendation: [Within 21 days of receiving a complete application, the Zoning Administrator shall take one of the following actions:]

[1]a.                     Approve the Site Plan as submitted, in accordance with the Site Plan Review Criteria of Section 922.04.E;

[2]b.                     Approve the Site Plan with conditions, in accordance with the Site Plan Review Criteria of Section 922.04.E;

c.                     Approve the Site Plan with changes recommended by the Planning Commission, in accordance with the Site Plan Review Criteria of Section 922.04.E;

[3]d.                     Deny the application in accordance with the Site Plan Review Criteria of Section 922.04.E.

[4.                     Forward the application to the Planning Commission to obtain their recommendation for approval or when denial when applicable.]

 

3.                     If the Zoning Administrator chooses to review the site plan, and not forward the application to the Planning Commission for recommendation, the Zoning Administrator will conduct his review and make a recommendation to the applicant based on the Site Plan Review Criteria of Section 922.04.E.  The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section 922.01.C.

 

 

 

922.04.E                     Site Plan Review Criteria

 

An application for Site Plan approval shall not be approved unless the Zoning Administrator determines that proposal complies with all applicable requirements of this Code and with all adopted plans and policy documents of the City. The Zoning Administrator may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this Code and adopted plans and policy documents. No Certificate of Occupancy or subsequent approval shall be granted until such time as any such conditions have been met.

 

The following standards shall apply for all Site Plan Review projects unless it is determined by the Zoning Administrator that the site contains conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

 

 

1.                     For all properties zoned UI, GI, and NDI, the following standards shall apply:

 

a.                     Orientation

It is recommended that the orientation of industrial buildings be toward the street parallel to the front property line.  All building elevations that have entrances should be treated as facades (except loading docks to the rear).

b.                     Roof Forms and Materials

Mechanical equipment on roofs should be screened with a parapet wall.

c.                     Entrances and Windows

Entrances and windows should be placed in the main façade of the building.

d.                     Setback

Parking areas in industrial districts should not be located between the right-of-way and the building; however, the Zoning Administrator may permit limited parking between the right-of-way and the building provided that such parking is landscaped in conformance with a plan approved by the Zoning Administrator.

e.                     Service and Docking Facilities

i.                     Service and docking facilities should be located on the side or rear of the building.

ii.                     Service and docking facilities should be separate from the main circulation and parking functions.

iii.                     All dumpsters should be screened on all sides exposed to street view and adjacent land uses.  All dumpsters should be shown on the approved site plan.

iv.                     Service and docking facilities should be easily accessible by service vehicles.

v.                     Service and docking facilities should be screened from the remainder of the project, adjacent land uses, and major thoroughfares.

f.                     Utilities/Mechanical/Outdoor Storage

i.                     Utilities should be underground from R.O.W. to building to reduce visual clutter.  If overhead electrical service is provided at the street, similar services can be provided to the building.

ii.                     Screen mechanical equipment from the project and adjacent land uses.

iii.                     Outdoor storage must be screened from the remainder of the project, adjacent land uses, and streets.

g.                     Streetscape

Create a landscaped edge outside of the right-of-way along the street.

 

 

2.                     For all properties zoned HC, the following standards shall apply:

 

a.                     Orientation

i.                     All new buildings shall have consistent orientation and setbacks with adjacent buildings along the street.

ii.                     While most new buildings are recommended to be horizontally oriented, clues should be taken from proximate structures' orientation.

iii.                     A second aspect of orientation is how the major façade of a building relates to the street.  It is recommended that in most cases the front façade should be parallel to the street while recognizing that there still may be the need for side or rear entrances to the building.  These secondary elevations should also be designed as a façade if they serve as entrances.

b.                     Service Areas

All service areas shall be located to the "rear" of the building, away from primary views to the extent possible.  If exposed to view, service areas shall be screened with landscaping and appropriate fencing.

c.                     Building Elevations

i.                     Individual buildings shall be designed so that the width or length of any uninterrupted elevation façade is not greater than one and one-half times the height of the building.  The use of fenestration patterns and traditional design elements is encouraged to provide relief to buildings over forty feet in length or width.  Expanses of "unbroken walls" over forty feet shall be prohibited.  Examples of such design elements are façade offsets, covered porticoes, recessed or projected entries, and other appropriate architectural features and details.

ii.                     It is recommended to vary rooflines of new construction and rehabilitation to add visual interest and to break up the mass of the building.

d.                     Landscaping and Buffering

i.                     Landscaping shall be required to add visual interest to open spaces, parking areas, and facades as well as to soften transition between buildings of differing heights and style.

ii.                     Landscaping is required for all parking lots.

iii.                     Buffering shall be required along the periphery of each individual site.  Street trees shall be required along the street edge of the primary access road.  Clustering of smaller trees is encouraged throughout the developed area.

e.                     Walls and Fences

Walls and fences shall be uniform and compatible with architectural style, color, and building material.  Appropriate materials include iron grating, wood, stone, or brick.  No chain link or stockade fencing will be permitted.  Walls greater than forty feet in length shall incorporate some form of visual relief, including, but not limited to, pattern breaks, varying wall construction, vertical features such as columns, differing construction materials, or a combination of the above.

d.                     Signs

A comprehensive sign package shall be submitted at the time of application.  This shall include any proposed directory signs, free-standing signs, and/or all proposed façade signs.  Signs shall comply with the sign ordinance.

e.                     Parking

Rear and side yard parking is encouraged.  All parking areas shall include interior landscaping.

 

 

3.                     For all properties zoned UNC, LNC, and NDO, the following standards shall apply:

 

a.                     Build-To Line

All new construction and/or enlargements shall maintain a 65 percent building frontage along the established build-to line.  Properties on corner lots shall maintain a 65 percent building frontage on the primary frontage and shall maintain a 50 percent building frontage on the secondary frontage.

b.                     Ground-Floor Transparency

The street level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade or shall include commercial-type windows and door openings.

c.                     Doorways and Entrances

All primary structures shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street.  Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms and arches.  To the maximum extent feasible, the entrance shall face a public street.

                                                               d.                     Building Design

Varied building designs that avoid long, flat facades are required.  Buildings must consider the project's siting, massing, proportions, scale, façade treatment and materials in relationship to the surrounding architectural context.  Continuous linear strip development is discouraged except in highway locations.

e.                     Parking Areas

In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas:

i.                     No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be used as off-street parking unless the parking area serves as a shared parking area.

ii.                     Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three feet and eight feet above parking area grade for no less than 30 percent of the horizontal length of the building facade.

f.                     Transportation Analysis

When determined necessary by the Zoning Administrator, a Transportation Analysis shall be submitted for a project in relation to street capacity, intersection classification, existing and projected traffic volumes and reasonable alternatives that will enable increased traffic to be directed away from residential areas and congested areas.

 

 

4.                     For all properties zoned other than those districts listed above or uses specifically required by the Code to undergo site plan review, the following standards shall apply:

 

a.                     Use, Scope, and Intensity

When determined by the Zoning Administrator, the applicant shall provide sketches, exhibits, and other materials to illustrate and quantify the character and site-related impacts of the proposed development.

b.                     Site Design

Layout design should be guided by such factors as the topography of the site, privacy, building height, orientation, daylight needs, drainage, and views.

c.                     Building Design

The Zoning Administrator will consider the following guidelines when reviewing building design: harmony of design, creativity and diversity of design, massing, orientation, scale, and materials.

d.                     Landscape Plan

The landscape design should recognize and make use of the various functions served by landscaping: aesthetic function, architectural function, engineering function, and climatological function.

e.                     Transportation Analysis

When determined necessary by the Zoning Administrator, a Transportation Analysis shall be submitted for a project in relation to street capacity, intersection classification, existing and projected traffic volumes and reasonable alternatives that will enable increased traffic to be directed away from residential areas and congested areas.

 

5.                                          For all properties or uses specifically required by the Code to undergo site plan review, the following Environmental Impact Mitigation standards shall apply:

 

a.                     The grading, cut, and fill standards of this section shall apply to all slopes in excess of 15 percent.

i.                     To the maximum extent feasible, the applicant shall preserve the natural landforms of the site.

ii.                     To the maximum extent feasible, cutting, filling and severe benching or terracing of existing slopes to create additional building area or larger building sites shall be avoided.

iii.                     Finished grades of 25 percent or less are strongly encouraged. Cut or filled slopes shall not exceed 40 percent grade unless:

(a)                     The applicant submits a geotechnical investigation report that certifies the safety and suitability of such slopes; and

(b)                      The applicant proposes the use of walls, terraces, or other methods at intervals of not less than ten feet to create planting beds that will stabilize the slope, and such measures are approved in the geotechnical investigation report as sufficient to ensure the stability of the slope and ensure that such slope shall pose no significant risk of danger to any property or public improvements located on or off the proposed development site.

iv.                     The top and bottom of the cut or filled slopes shall be located:

(a)                      No less than ten feet from any street, building, parking area, or other developed area; and

(b) No less than five feet from any adjacent property line.

v.                     Retaining walls or gabions may be permitted to support steep slopes, but shall not exceed five feet in height.

b.                     Slopes in excess of a 15 percent grade that are exposed during construction or site development shall be landscaped or revegetated in order to mitigate adverse environmental and visual effects. Fil soil on slopes must support plant growth. At a minimumny slope in excess of 15 percent grade exposed or created during development shall be landscaped or revegetated with trees and other plant material at the following minimum planting densities per 150 square feet of exposed slope area:

  • 1 canopy tree 2 understory trees
  • 2 evergreens 5 shrubs
  • Gabions and low walls should be utilized to gain planting pockets on steep grades.

c.                     Tree and Vegetative Surveys

The Zoning Administrator may require a tree survey for development applications for any site greater than one acre.

d.                     Tree Protection and Replacement

                     The Zoning Administrator may require the protection and preservation of trees with a diameter of 24 inches or more, measured at a point four feet above grade. If said trees, required of the Zoning Administrator to be protected and preserved, are removed during site preparation or development, they shall be replaced. The combined total diameter of replaced trees shall be, at a minimum, equal to the combined total diameter of removed trees. Diameter measurements shall be taken at a point four feet above grade.

 

6.                                          Additional Information

When determined by the Zoning Administrator, any additional information specific to the proposed use as deemed necessary by the Zoning Administrator or Planning Commission for adequate site plan review.

 

                     7.                     Conformance with Plans and Policy

Projects are required to be compatible and conform to any master plan, comprehensive plan or development strategy approved by the Planning Commission.

 

 

15.                     Amend Section 922.06 – Conditional Uses as follows:

 

922.06.B                      Notice

Promptly upon determining that an application is complete, the Zoning Administrator shall schedule a public hearing [dates] before the Planning Commission [,] and notify the applicant of the hearing date [s].    The Zoning Administrator shall give at least twenty-one (21) days public notice of the Planning Commission hearing by [mail and] posting [,] in accordance with the notice requirements of [Secs. 922.01.C.1 and] Chapter 922.01.C.2 and [with] by mail in accordance with the notice requirements of Chapter 922.01.C.1 to all property owners within a one hundred and fifty (150) foot radius of the subject property with no less than twenty-five (25) notices being sent.               

 

 

922.06.H                      Conditional Use Plan Amendments

The Zoning Administrator may approve minor amendments in the design or specification of approved Conditional Use Applications without the refiling [of] a new application.  Nothing shall preclude the Zoning Administrator from approving minor amendments.