Division 10-28.2.2 — DOWNTOWN ZONES

This Division establishes the building standards for the Downtown Zones. These standards reflect the community's vision for implementing the General Plan and the Plan to create places of walkable urbanism. These standards are intended to promote development that establishes and reinforces the highly valued character and scale of Downtown Hayward and the adjacent walkable urban neighborhoods.

10-28.2.2.020 - APPLICABILITY

A.

The standards in this Division apply to all proposed development within Downtown Zones, which must comply with other requirements in the Hayward Code.

B.

From the allowed types for the applicable zone, and in compliance with the listed standards, the following must be selected for each lot:

1.

Primary building type;

2.

Frontage types; and

3.

Land uses.

C.

Building types, frontage types, and land uses not listed in a zone's standards are not allowed in that zone.

D.

Sites three acres or larger must comply with Article 4 (Standards for Large Sites).

E.

If there is a conflict between the standards of this Division and the standards in another Division or Article of this Chapter or the Hayward Code, the standards in this Division supersede the Hayward Code and Article 3 (Supplemental to Zones) supersedes this Division.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

The Downtown Zones are described in this Division, and each zone is established based on the intent of the desired physical form and character of particular environments envisioned in the Downtown Specific Plan. These zones primarily focus on mixed-use, walkable areas of Downtown, and range in function and intensity from the lowest intensity (Neighborhood Edge), to moderate intensity neighborhoods (Urban Neighborhood) to higher intensity commercial, retail, and residential areas along corridors (Downtown Main Street and Urban Center). The naming of the zones is based on an overall spectrum of context types from less urban to more urban in Hayward. Table A (Overview of Downtown Zones) provides an overview of Downtown Zones within this spectrum.

Table: 2.2.030.A Overview of Downtown Zones

Table: 2.2.030.A Overview of Downtown Zones

Zone(s) Urban Center (UC)

Desired Form

Block-scale Buildings

Attached Buildings

Narrow-to-Large Lot Width Medium-to-Large Footprint

Small-to-No Front Setbacks

Small-to-No Side Setbacks

Up to 11 Stories (with stepback above 5 stories)

Elevated Ground Floor or Flush with Sidewalk

Stoops, Forecourts, Dooryards, Shopfronts, Terraces General Use

Ground floor commercial where required; primarily office and/or residential.

Intent

A walkable, urban neighborhood environment with medium-to-large footprint, moderateintensity housing choices, from Rowhouses and Multiplex Large Buildings to Stacked Flats and Lined Buildings, supporting and within short walking distance of neighborhoodserving retail and services.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.2.2.040 - NEIGHBORHOOD EDGE (NE)

1 Sites over 3 acres must comply with Article 4 (Standards for Large Sites). Accessory Building Type Carriage Building 3.3.040

D. Building Form

1 See Subsection C for applicable building types and Division 3.3 (Specific to Building Types) for additional height and massing standards.

1 Or average front setback of abutting lots on the same frontage, whichever is less. For corner lots, average of minimum required and front setback of abutting lot on the same frontage, whichever is less.

G. Encroachments

Encroachments at grade are not allowed within a street ROW, alley ROW, or across a lot line.

1 See Division 3.4 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

Key A = Allowed — = Not Allowed

See Article 10-7 (Sign Regulations) of the Hayward Code. Properties within NE Zone must comply with sign regulations applicable to the CC-R Zone.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.2.2.050 - NEIGHBORHOOD GENERAL (NG)

1 See Subsection C for applicable building types and Division 3.3 (Specific to Building Types) for additional height and massing standards.

2 Common entries for buildings may be set at grade to comply with ADA. Required for residential use facing a street and/or public right-of-way. Accessory Structure(s) Square feet 750 max.

A building with a chamfered corner is allowed only on corner lots and if a corner entry is provided.

Encroachments at grade are not allowed within a street ROW, alley ROW, or across a lot line.

1 See Division 3.4 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

See Article 10-7 (Sign Regulations) of the Hayward Code. Properties within NG Zone must comply with sign regulations applicable to the CC-R Zone.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.2.2.060 - URBAN NEIGHBORHOOD (UN)

1 Sites over 3 acres must comply with Article 4 (Standards for Large Sites).

2 Applies to the common ownership property, not the individual townhome lots. Townhouse lots shall be consistent with building footprint and associated private outdoor areas. Accessory Building Type Carriage Building[2] 3.3.040

3 Only allowed on a lot with Rowhouse.

D. Building Form

Height

Main Building

1 See Subsection C for applicable building types and Division 3.3 (Specific to Building Types) for additional height and massing standards.

2 Common entries for buildings may be set at grade to comply with ADA. Required for residential use facing a street and/or public right-of-way. Accessory Structure(s)

Square feet 750 max.

E. Building Placement

Setback (Distance from ROW/Lot Line)

Front (Facade Zone)

A building with a chamfered corner is allowed only on corner lots and if a corner entry is provided.

G. Encroachments

1 See Division 3.4 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

2 May encroach into street ROW within 2½' of curb.

1 Allowed only when necessary to accommodate grade change.

I. Signage

See Article 10-7 (Sign Regulations) of the Hayward Code. Properties within UN Zone must comply with sign regulations applicable to the CC-C Zone.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.2.2.070 - DOWNTOWN MAIN STREET (DT-MS)

B. Sub-Zone(s)

A. Intent

1 Sites over 3 acres must comply with Article 4 (Standards for Large Sites).

Planting strips are not allowed between sidewalk and building; sidewalk must be extended into setback to meet building.

Driveways may be shared between adjacent lots.

G. Encroachments

Encroachment Type

Key A = Allowed — = Not Allowed

1 Not allowed along parcel line where shopfront frontage is required by Regulating Plan (See Figure 2.1.020.1).

2 For corner lots where the Regulating Plan requires a Shopfront, the Shopfront must turn the corner onto the side street and extend for a length equal to the depth required in Subsection D of the zone, "Building Depth, Ground Floor".

I. Signage

See Article 10-7 (Sign Regulations) of the Hayward Code. Properties within DT_MS Zone must comply with sign regulations applicable to the CC-C Zone.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.2.2.080 - URBAN CENTER (UC)

C. Building Types

1 Sites over 3 acres must comply with Article 4 (Standards for Large Sites).

1 Within 20' of the rear lot line, buildings may not be more than 7' taller than the allowed height of adjacent buildings.

2 See Subsection C for applicable building types and Division 3.3 (Specific to Building Types) for additional height and massing standards.

3 Maximum 173' allowed at office tower location, APN: 415-0250-112-00.

4 Common entries for buildings may be set at grade to comply with ADA. Required for residential use faing a street and/or public right-of-way. Applies only to room(s) on street-facing or civic space-facing facades.

Loading docks, overhead doors, and other service entries shall not be located on front street facades.

E. Building Placement

1 See Division 3.4 (Specific to Frontage Types) for further refinement of the allowed encroachments for frontage elements.

2 May encroach into street ROW to within 2½' of curb.

3 Driveway only allowed when access is from an alley.

1 For corner lots where the regulating plan requires a Shopfront, the Shopfront must turn the corner onto the side street and extend for a length equal to the depth required in Subsection D of the zone, 'Building Depth, Ground-Floor'.

I. Signage

See Article 10-7 (Sign Regulations) of the Hayward Code. Properties within UC Zone must comply with sign regulations applicable to the CC-C Zone.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

DIVISION 10-28.2.3: - USE TABLE

A.

Allowed Land Uses. The land uses allowed in the Downtown Zones are established in Table A (Allowed Uses in Downtown Zones). Each land use listed in Table A (Allowed Uses in Downtown Zones) is defined in Section 6.1.020 (Land Uses).

B.

Permit Required. Land uses identified in Table A (Allowed Uses in Downtown Zones) are subject to the permit requirements listed in the Table.

C.

Additional Standards. Table A includes references to additional standards for specific uses in Division 3.5 (Specific to Use) or Chapter 10 (Planning, Zoning, and Subdivisions) of the Hayward Code.

D.

A land use that is not listed in Table A (Allowed Uses in Downtown Zones) is not allowed, unless the Director finds that the proposed use is similar to, compatible with, and is consistent with the purpose of the zone, the General Plan, and the Specific Plan, and the new use will not involve a greater intensity than a listed use.

Table 2.3.010.A Allowed Uses in Downtown Zones

(Amended by Ordinance 21-05, § 4, adopted July 20, 2021; amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. D), adopted January 21, 2025)

ARTICLE 10-28.3: - SUPPLEMENTAL TO ZONES DIVISION 10-28.3.1 - PURPOSE AND INTENT

This Article sets forth supplemental standards for the development of each building type, frontage type, certain uses, and related general standards within zones. These standards supplement the standards for each zone in which the building, frontage, or use is allowed. These standards are intended to ensure development that establishes or reinforces the highly-valued character and scale of Downtown and its walkable urban neighborhoods.

A.

The standards in this Article apply to all proposed development within Downtown Zones and must be considered in combination with the standards for the applicable zone in Division 2.2 (Downtown Zones).

B.

Development with Education Facility, Cultural or Meeting Facility, or Passenger Transportation uses must comply with the standards for the applicable zone in Division 2.2 (Downtown Zones), but will not be required to meet the standards of Division 3.3 (Specific to Building Types).

C.

In the event of any conflict between the standards of this Article and the standards in another Article of this Chapter or any standard in the Hayward Code, the standards in this Article supersede, unless stated otherwise.

DIVISION 10-28.3.2 - GENERAL STANDARDS

A.

Purpose. This Section establishes standards for screening, which includes fences and walls, for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the abatement or attenuation of noise, and the improvement of the visual and built environment.

B.

Applicability. The provisions of this Section apply to all new development in Downtown Zones, and to improvements to existing development in Downtown Zones in compliance with Section 10-1.2900 (Nonconforming Uses) of the Hayward Code.

C.

Design Standards for Screening. Screening must comply with the following:

1.

All Building Sites. Fences, walls, and other screening on building sites are subject to the height limits in Table A (Setback Requirements).

2.

Screening Height Measurement Standards.

a.

All screening height must be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.

b.

Where there is a difference in elevation on opposite sides of screening, the height must be measured from the highest elevation.

c.

If the finished elevation of the property is lower at the boundary line, or within five feet inside the boundary line, than an abutting property elevation, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy a screening requirement.

d.

See also Yard Exceptions - Fences, Hedges, Walls in Hayward Municipal Code Section 10-1.2725(g).

D.

Additional Screening Requiring Administrative Use Permit. The following screening types must comply with the specified requirements and requires Director approval before issuing a Building Permit, as applicable.

1.

Courtyard. Screening installed to create a courtyard without a roof must be a maximum of five feet in height and be set back at least as far as the adjoining building face. In reviewing the plan for the proposed courtyard, the Director may consider, but not be limited to, the following:

a.

Building characteristics including the dimensions, color and architectural design;

b.

Compatibility of the architectural and design features of the proposed courtyard with the features of the adjoining, as well as neighboring buildings; and

c.

Landscaping, including the effort to minimize removal of existing vegetation and to match replacements with vegetation of the site.

2.

Fencing on Retaining Walls. The total height of fences and the retaining walls that they are mounted on or attached to are limited to seven feet in height. See also Yard Exceptions - Fences, Hedges, Walls in Hayward Municipal Code Section 10-1.2725(g).

E.

Mechanical Equipment Screening.

1.

Screening Required.

a.

New installation or relocation of existing mechanical equipment, whether installed on the roof, ground, or walls, must be screened from public view in compliance with this Subsection.

b.

The following are exempt from this Subsection:

(i)

Free-standing or roof-mounted solar equipment; and

(ii)

Vents less than four feet in height may be exempt from the requirements in Subsection F.1.a. subject to Director review.

2.

Roof-mounted Equipment. Building parapets or other architectural elements in the building's architecture style must screen roof-mounted equipment.

a.

New buildings must be designed to provide a parapet or other architectural element that is as tall or taller than the highest point on any new mechanical equipment to be located on the roof of the building.

b.

For existing buildings with no or low parapet heights, mechanical equipment must be surrounded on all sides by an opaque screen wall as tall or taller than the highest point of the equipment. The wall must be architecturally consistent with the building and match the existing building with paint, finish, and trim cap detail. All new roof screens are subject to approval of a Building Permit.

3.

Wall- and Ground-mounted Equipment. All wall- and ground-mounted equipment must comply with the following:

a.

May not be located between the face of the building and the street;

b.

All screen devices must be as high or higher than the highest point of the equipment being screened. Equipment and screening must meet rear and side setbacks of the applicable zone;

(i)

Screening must be architecturally compatible and include matching paint, finish, and trim cap of the building; and

(ii)

All new mechanical screens for ground or wall-mounted equipment are subject to approval of a Building Permit.

F.

Temporary Fencing. Temporary fencing may be used to provide security for approved special events, construction sites, or vacant structures and land, which cannot otherwise be secured. All temporary fencing must:

1.

Consist of chain link, other durable metal fencing, or other materials as approved by the Director;

2.

Not exceed seven feet in height;

3.

Be removed at the conclusion of the special event or completion of construction activities (i.e., final inspection) for which it was approved; and

4.

All approved fencing for construction sites may not be installed until a Building Permit or Grading Permit has been issued and must be removed prior to final inspection. The use of temporary fencing around occupied structures that can be secured by other means is not allowed. If the Building Permits expire before the construction is completed, the Director may issue a Temporary Use Permit to allow the fencing to remain for a longer period of time. The use of temporary fencing around vacant land or vacant structures is subject to the terms and conditions specified in an administrative permit authorizing this fencing.

G.

Prohibited. Barb type, electric, or razor wire screening is prohibited.

H.

Safety Standards. Where a lot is situated at the intersection of two or more streets, screening may not be erected, placed, planted, or allowed to grow in such a manner as to obstruct intersection visibility, in compliance with Ordinance No. 100 C.S., as amended, Article 9 (Obstructions to Visibility at Intersections Prohibited) of the Hayward Traffic Code, as the same are now in effect or which may be amended or replaced.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

A.

Purpose. This Section ensures the provision of parking spaces and access drives designed appropriately for motor vehicles and bicycles. This Section also provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that the parking needs of new and intensified existing uses and development are met, while being designed and located in a manner consistent with the intended physical character of the zone.

B.

Applicability.

1.

The requirements of Article 10-2 (Off-Street Parking Regulations) of the Hayward Code apply, except as superseded by this Division.

2.

Parking in compliance with this Division is required in all zones, as identified below:

a.

New development;

b.

Change in land use; and

c.

Changes in intensity of buildings or structures made after the effective date of this ordinance that cause an increase or decrease of 25 percent or greater in:

(1)

Gross floor area;

(2)

Seating capacity;

(3)

Dwelling units; and/or

(4)

Parking spaces.

C.

General Parking Standards.

1.

Off-Site Parking. Required off-street parking may be provided off-site in compliance with the following:

a.

Required parking may be provided in off-street parking facilities on another property within 1,000 feet of the site proposed for development, as measured along thoroughfare right-of-ways;

b.

Pedestrian access between the use or the site and the off-premises parking area must be through concrete or paved sidewalk or walkway; and

c.

The owner shall provide a recorded parking agreement reflecting the arrangement with the off-site location.

2.

Larger Vehicle Parking.

a.

Trucks, tractors, or tractor-trailers with capacity for more than a one-and-one-half-ton load, front- and rear-end loaders, or any kind of commercial, industrial, agricultural, or transportation vehicles/equipment used primarily for

business purposes, may not be parked or stored in the Downtown Zones for purposes other than unloading, loading, or delivery services.

b.

Automobiles, small trucks, or vans allowed in conjunction with an approved home occupation (one per home occupation), and recreational vehicles, utilized for personal or business use, are excluded from the provisions of this Subsection.

D.

Number of Motor Vehicle Parking Spaces Required.

1.

Required Spaces. The minimum number of parking spaces required is listed in Subsection F of the zone standards.

2.

When calculating the maximum number of parking spaces, numbers may be rounded down to the closest whole number.

E.

Parking Adjustments.

1.

Shared Parking Calculation. For buildings with two use types that want to share parking, shared parking can be calculated as the sum of the required parking for the two use types divided by the factor listed in Table A (Shared Parking Factor for Two Uses). The required number of parking spaces can be rounded up to the closest whole number. If the use is not listed in Table A, the shared parking is subject to the requirements in Subsection E.2.

wo use types that want to share parking, shared parking can be calculated as the sum of the required parking for the two use types divided by the factor listed in Table A (Shared Parking Factor for Two Uses). The required number of parking spaces can be rounded up to the closest whole number. If the use is not listed in Table A, the shared parking is subject to the requirements in Subsection E.2.

Table 3.2.020.A Shared Parking Factor for Two Uses

2.

Shared Parking Study. When three or more use types share parking or a use type is not listed in Table A, the amount of required parking may be reduced if:

a.

The Director determines one of the following circumstances has been established, the Director may grant a reduction in the parking standards set forth in this Subsection in the following cases:

(1)

Where uses seek to share parking with different peak hour demands and are in the same or adjoining development, the applicant shall submit to the Director an analysis and substantiated projections of peak parking demand for the entire development to justify the shared use of parking spaces for separate uses;

(2)

Where the special nature of a certain development (e.g., special types of housing projects inhabited by persons with low or no automobile ownership) does not require the amount of parking listed in Subsection D of the zone standards as described in a Parking Demand Study; or

(3)

Where fewer parking spaces are needed due to implementation of a Transportation Demand Management Plan.

F.

Parking Spaces, Lot Design, and Layout.

1.

Loading. On-site loading space(s) are not required where the site is adjacent to an alley or side street that provides temporary parking for loading/unloading activities.

2.

Driveways.

a.

Driveways must extend and include the area between the lot line and the edge of the street pavement.

b.

The design and construction of all off-street parking access drives must meet the requirements of the City Engineering Standards.

3.

Identified as to Purpose and Location. Off-street parking areas of four or more spaces and off-street loading areas must include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features.

4.

Landscaping and Screening.

a.

Landscaped areas required in this section shall be composed of trees, shrubs, turf grass, planted ground cover, or a combination thereof. Landscaping shall be permanently maintained, including replacement where necessary. Landscaping shall be provided as required in Table C. Landscaping required in Table B (Required Interior Parking Lot Landscaping) must also comply with the standards of Section 3.2.010 (Screening, Fences, and Walls).

Table 3.2.020.B Required Interior Parking Lot Landscaping

b.

Screening of parking and loading areas must meet the standards in Table C (Parking and Loading Area Screening).

Table 3.2.020.C Parking and Loading Area Screening

c.

Landscaping areas must accommodate stormwater management features to the extent feasible as determined by the City.

d.

For the portion of a parking area over which photo-voltaic solar collectors are installed where they also function as shade structures, the minimum requirement for trees may be waived, and a minimum of three shrubs and three groundcovers must be planted in compliance with Section 10-12.05 (Water Efficient Landscape Worksheet) of the Hayward Code for every eight parking spaces.

Location.

a.

Location of required on-site parking in all zones is regulated by setbacks established in Division 2.2 (Downtown Zones) and the following:

(i)

Parking lots with 20 or fewer spaces must have all off-street parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area;

(ii)

Parking lots with more than 20 spaces must have all off-street parking areas separated at least 10 feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area; and

(1)

This separation may be eliminated behind buildings in areas designed for unloading and loading of materials.

6.

Size of Parking Lot. Individual parking areas within parking lots shall be maximum one-quarter of an acre in size with planted landscape areas with a minimum width of 15 feet between each parking area.

7.

Tandem Parking. Tandem parking is allowed in all Downtown Zones for all residential uses if:

a.

Both tandem parking spaces satisfy the parking requirement of one residential unit; and

b.

Neither of the tandem parking spaces are required accessible parking spaces.

G.

Bicycle Parking Requirements.

1.

Applicability. Bicycle parking requirements apply in all zones for the use types specified in Table D (Bicycle Parking Requirements).

2.

Exempt. Bicycle parking is not required for single-family residential developments.

3.

Number of Bicycle Parking Spaces and Location Standards.

Table 3.2.020.D Bicycle Parking Requirements

4.

Bicycle Parking Standards. Bicycle spaces must be provided in compliance with the following standards:

a.

Uses must provide both long-term and short-term bicycle parking as required in Table D (Bicycle Parking Requirements);

b.

Long term bicycle parking must consist of lockable enclosures (lockers) in which the bicycle is stored and shortterm bicycle parking must include racks to which the bicycle can be locked;

c.

Lockers and racks must be securely anchored to the pavement or a structure;

d.

Racks must be designed and installed to allow two points of contact with the frame and allow the frame and one or both wheels to be secured;

e.

Areas containing bicycle spaces must be surfaced with impervious surfaces such as concrete or pavers. Pervious pavements or gravel may be used where appropriate as determined by the Director or City Engineer;

f.

When located within a parking area, curbs, fences, planter areas, bumpers, or similar barriers must be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the Director to be unnecessary; and

g.

Bicycle parking must be placed within 100 feet of the entrance of the use the bicycle parking is serving as measured by path of travel or in conformance with the California Green Building Standard Code (CalGreen),

whichever is more restrictive.

5.

Bicycle Parking Space Dimensions. All bicycle parking must meet the following minimum dimensions:

a.

Each bicycle parking space must include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions;

b.

No part of the rack may be located closer than 30 inches to a wall or other obstruction;

c.

The front or back of the rack must be located no less than 48 inches from a sidewalk or pedestrian way; and

d.

A minimum of 30 inches must be provided between adjoining racks.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

DIVISION 10-28.3.3 - SPECIFIC TO BUILDING TYPES

This Division sets forth the standards for the development of each building type within the Downtown Zones. These standards supplement the standards for each Downtown Zone in which the building type is allowed and are intended to promote development that establishes or reinforces the highly-valued character and scale of Downtown Hayward's centers and neighborhoods. These types are important for providing a broad choice of housing types and promoting walkability.

The standards in this Division apply to all proposed development within the Downtown Zones, and must be considered in combination with the standards for the applicable zone and the rest of this Article.

A.

This Division sets forth standards applicable to the development of each building type. Table A (Building Types Overview) provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a Detached House (Section 3.3.050) may have non-residential uses within it, such as a restaurant or office, as allowed by the zone.

B.

The building types are categorized into two groups: house-scale buildings and block-scale buildings. House-scale buildings are those that are the size of a house, typically ranging from as small as 25 feet wide up to 80 feet wide. Block-scale buildings are those that are individually as large as most or all of a block or when arranged together

along a street, appear as long as most or all of a block typically ranging in length and width from as small as 25 feet up to 80 feet.

C.

The lot size standards for each building type are set in the Downtown Zones in Division 2.2 (Downtown Zones). The lot size designates the range of lot sizes on which the given building type is allowed to be built. If the subject lot is smaller or larger than the allowed lot size, a different building type must be selected.

D.

Each lot must have only one primary building type, except as follows:

1.

Where allowed by the applicable zone in Division 2.2 (Downtown Zones) and as allowed in Section 3.3.040 (Carriage Building), one Carriage Building is allowed in addition to the primary building type;

2.

Where the zone allows the Cottage Court, up to nine individual Cottages are allowed; and/or

a.

More than one building type is allowed on a lot if the application includes a Site Plan with lot lines that meet all the requirements of this Division and Division 2.2 (Downtown Zones).

3.

The Carriage Building Building Type is the only accessory structure in which detached accessory dwelling units are allowed.

E.

Secondary wings and accessory structures must have a smaller footprint, a narrower width, and a lesser depth than the main building.

Table 3.3.030.A Building Types Overview

3.3.060 Duplex. A small- to medium-sized detached structure that consists of two side-by-side or stacked dwelling units, both facing the street and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within lower-intensity residential neighborhoods. It enables appropriately-scaled, well-designed moderate intensities and is important for providing a broad choice of housing types and promoting walkability. House-Scale Building 3.3.070 Cottage Court. A group of small, detached, single-unit structures, arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important communityenhancing element. This type is appropriately-scaled to fit within low- to moderateintensity neighborhoods and can be applied in non-residential contexts. It enables appropriately-scaled, well-designed moderate intensities and is important for providing a broad choice of housing types and promoting walkability. House-Scale Building 3.3.080 Multiplex: Small. A medium-sized structure that consists of 3 to 6 side-byside and/or stacked dwellings, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized single-family home and is appropriately scaled to fit sparingly within low- to moderate-intensity neighborhoods. This type enables appropriately-scaled, well-designed higher intensities and is important for providing a broad choice of housing types and promoting walkability. House-Scale Building 3.3.090 Multiplex: Large. A medium- to large-sized structure that consists of 6 to 18 side-by-side and/or stacked dwellings, typically with one shared entry. This type is appropriately scaled to fit within moderate-intensity neighborhoods or sparingly within lower-intensity neighborhoods. This type enables appropriately-scaled, welldesigned higher densities and is important for providing a broad choice of housing types and promoting walkability. Also known as: Mansion Apartment House House-Scale Building 3.3.100 Rowhouse Building. A small- to medium-sized typically attached structure that consists of 2 to 8 Rowhouses placed side-by-side. As allowed by the Downtown Zone, this type may also occasionally be detached with minimal separations between buildings. This type is typically located within moderateintensity neighborhoods or near or on a neighborhood main street. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. Also known as: Townhouse House-Scale Building 2-3 rowhouse buildings per run; Block-Scale Building 4-8 rowhouse buildings per run 3.3.110 Courtyard Building. One or more structures that contain multiple attached and stacked units, accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. This type is typically integrated sparingly into lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods and can be applied in nonresidential contexts. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. House-Scale Building 3.3.120 Stacked Flats Building. A medium- to large-sized structure that consists of multiple dwelling units on each floor accessed from a lobby directly from the street. Each ground floor unit may have its own individual entry or may share a common entry. The dwelling units may be flats, townhouses, lofts, or combinations. This type is appropriately scaled to fit in moderate- to higher-intensity neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for

ng units on each floor accessed from a lobby directly from the street. Each ground floor unit may have its own individual entry or may share a common entry. The dwelling units may be flats, townhouses, lofts, or combinations. This type is appropriately scaled to fit in moderate- to higher-intensity neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for

providing a broad choice of housing types and promoting walkability. Block-Scale Building 3.3.130 Main Street Building. A small- to large-sized structure, typically attached, but may be detached, intended to provide a vertical mix of uses with ground-floor retail or service uses and upper-floor service or residential uses. This type makes up the primary component of a main street. Block-Scale Building 3.3.140 Lined Building. A combined building that consists of two main components: an interior building such as a parking garage, movie theater, etc., and an exterior building that conceals the interior building from the street. Block-Scale Building 3.3.150 Mid-rise Building. A medium to large-sized structure, 4 to 11 stories tall built on a large lot. This building type can be used to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses; or may be a single use building, typically service or residential, where ground floor retail is not appropriate. Block-Scale Building

Two-story Carriage Building with living unit above

Two-story Carriage Building with living unit above

Two-story Carriage Building with small living unit above

A. Description

An accessory structure typically located at the rear of a lot. It typically provides either a small residential unit, home office space, or other small commercial or service use, as allowed by the zone, that may be above a garage or at ground level. This type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

House-Scale Building

Only allowed on lots where the primary building has a residential use and is one of the following building types: Detached House, Duplex, Multiplex Small, Multiplex Large.

General Note: Photos on this page are illustrative, not regulatory.

Requirements determined by the primary structure on the lot. No additional private open space is required for the structure.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.050 - DETACHED HOUSE

1½-story Compact House with a projecting porch.

Required private open space must be located behind the main body of the primary structure.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.070 - COTTAGE COURT

Five-building 1-story Cottage Court with stoops along court leading to entries. A. Description A group of small, detached, single unit structures, arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element. This type is appropriately-scaled to fit within low- to moderate-intensity neighborhoods and can be applied in non-residential contexts. It enables appropriately-scaled, well-designed moderate intensities and is important for providing a broad choice of housing types and promoting walkability. 1½-story Cottage Court with heavily landscaped court. House-Scale Buildings General Note: Photos on this page are illustrative, not regulatory. 1½-story Cottage Court with small porches along court.

an be applied in non-residential contexts. It enables appropriately-scaled, well-designed moderate intensities and is important for providing a broad choice of housing types and promoting walkability. 1½-story Cottage Court with heavily landscaped court. House-Scale Buildings General Note: Photos on this page are illustrative, not regulatory. 1½-story Cottage Court with small porches along court.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.080 - MULTIPLEX: SMALL

3-story Multiplex Small with central entry and services on the ground floor. A. Description A medium-sized structure that consists of side-by-side and/or stacked dwellings, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized single-family home and is appropriately scaled to fit sparingly within low- to moderateintensity neighborhoods. This type enables appropriately-scaled, welldesigned higher intensities and is important for providing a broad choice of housing types and promoting walkability. 2½-story Multiplex Small with small front yard. House-Scale Building General Note: Photos on this page are illustrative, not regulatory. 2-story Multiplex Small with small balconies.

ringly within low- to moderateintensity neighborhoods. This type enables appropriately-scaled, welldesigned higher intensities and is important for providing a broad choice of housing types and promoting walkability. 2½-story Multiplex Small with small front yard. House-Scale Building General Note: Photos on this page are illustrative, not regulatory. 2-story Multiplex Small with small balconies.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.090 - MULTIPLEX: LARGE

2-story Multiplex Large offers denser living options while maintaining the scale of a lower intensity neighborhood. A. Description A medium- to large-sized structure that consists of side-by-side and/or stacked dwellings, typically with one shared entry. This type is appropriately scaled to fit in within moderate-intensity neighborhoods or sparingly within lower-intensity neighborhoods. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 2-story Multiplex Large House-Scale Building with front yard. General Note: Photos on this page are illustrative, not regulatory. 3½-story Multiplex Large with central entry and significant 3rd floor outdoor space.

2. Organize street facing facades in compliance with Subsection 3.3.160.B (Facade Articulation).

No open space requirement.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.100 - ROWHOUSE BUILDING

Two-story Rowhouses with stoops that nicely shape this sidewalk. A. Description A small- to medium-sized attached structure that consists of Rowhouses placed side-by-side. This type is typically located within moderateintensity neighborhoods or near a neighborhood main street. This type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. Also known as: Townhouse Rowhouses with 2- 3+ rowhouses per run story porches massed as one building. General Note: Photos on this page are illustrative, not regulatory. A row of 3½-story Rowhouses with porches and dooryards.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.110 - COURTYARD BUILDING

engaging the courtyard.

3-story Courtyard building with fenced forecourt. A. Description One or more structures that contain multiple attached and stacked units, accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or units may share a common entry. This type is typically integrated sparingly into lower-intensity neighborhoods or more consistently into moderate-intensity neighborhoods and can be applied in non-residential contexts. This type enables appropriately-scaled, welldesigned higher densities and is important for providing a broad choice of housing types and promoting walkability. Stoop entries to units House-Scale Building General Note: Photos on this page are illustrative, not regulatory.

2-story Courtyard building.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.120 - STACKED FLATS BUILDING

Stacked Flats in a building turning the corner of a neighborhood street. A. Description A medium-to large-sized structure that consists of multiple dwelling units on each floor accessed from a lobby directly from the street. Each ground floor unit may have its own individual entry or may share a common entry. The dwelling units may be flats, townhouses, lofts, or combinations. This type is appropriately scaled to fit in moderate- to higher-intensity neighborhoods and adjacent to neighborhood-serving main streets. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 4-story Stacked Flats with 4th story setback from main facade. Block-Scale Building General Note: Photos on this page are illustrative, not regulatory. 4-story Stacked Flats with neighborhood services at corner.

1. Apply at least one Oriel on front and/orside street facade in compliance with Subsection 3.3.160.A (Oriel).

2. Organize street facing facades in compliance with Subsection 3.3.160.B (Facade Articulation).

Accessory Structure(s)

Units located in the main body must be accessed by a common entry from the front street. On corner lots, units in a secondary wing may enter from the side street. F. Open Space No open space requirement.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.130 - MAIN STREET BUILDING

1. Apply at least one Oriel on front and/or side street facade in compliance with Subsection 3.3.160.A (Oriel).

2. Organize street facing facades in compliance with Subsection 3.3.160.B (Facade Articulation).

No open space requirement.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.140 - LINED BUILDING

Lined building forms an interesting streetscape along two streets while sharing alley access on the other two sides. A. Description A combined building that consists of two main components: an interior building such as a parking garage, movie theater, etc., and an exterior building that conceals the interior building from the street. Block-Scale Building 2-story office over retail building concealing the interior garage building from the sidewalk. General Note: Photos on this page are illustrative, not regulatory. 5-story housing over office building concealing the garage.

mponents: an interior building such as a parking garage, movie theater, etc., and an exterior building that conceals the interior building from the street. Block-Scale Building 2-story office over retail building concealing the interior garage building from the sidewalk. General Note: Photos on this page are illustrative, not regulatory. 5-story housing over office building concealing the garage.

1. Apply at least one Oriel on front and/or side street facade in compliance with Subsection 3.3.160.A (Oriel).

2. Organize street facing facades in compliance with Subsection 3.3.160.B (Facade Articulation).

Courtyard required when building's main body length is greater than 260'. Courtyard must be at least 50' by 100'. F. Open Space

No open space requirement for ground floor or 2nd floor units. At least 25% of units above the 2nd floor shall have a usable balcony with minimum dimensions of 5'.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

10-28.3.3.150 - MID-RISE BUILDING

Mid-rise Building with baclconies and a variety of materials. A. Description A medium to large-sized structure up to 11 stories tall built on a large lot. This building type can be used to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, office, service, or residential uses; or may be a single use building, typically office or residential, where ground floor retail is not appropriate. Mid-rise Building with Block-Scale Building large-footprint retail on ground floor. General Note: Photos on this page are illustrative, not regulatory. Taller Mid-rise Buildings.

-floor commercial, service, or retail uses and upper-floor commercial, office, service, or residential uses; or may be a single use building, typically office or residential, where ground floor retail is not appropriate. Mid-rise Building with Block-Scale Building large-footprint retail on ground floor. General Note: Photos on this page are illustrative, not regulatory. Taller Mid-rise Buildings.

2. Organize street facing facades in compliance with Subsection 3.3.160.B (Facade Articulation).

Ground-floor units may have individual entries along the front street or side street.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

A.

Oriel.

1.

As required by Subsection C of the zone standards in Division 3.3 (Specific to Building Types), each building must comply with the standards of this Section.

2.

Each building may apply more architectural elements than the minimum requirement in compliance with the standards of this Section.

a. General

General Note: Photos on this page are illustrative, not regulatory.

(Above) Chamfered oriels

B.

Facade Articulation.

1.

Applicability. The requirements of this Section apply to new buildings, or facade renovations that are within 50 feet of a street or public open space.

2.

Requirements. Facade articulation techniques provided in Table A (Facade Articulation) are required for buildings as follows:

a.

Subsection B.2.a, all buildings; and

b.

Subsections B.2.b and B.2.c, at least one item each, as applicable.

Table 3.3.160.A Facade Articulation a. All Buildings Tripartite Facade Design. Facades of buildings that are three or more stories shall be designed with tripartite architecture, with a distinct ground floor, middle and top of the building. An expression line, setback or other architectural element shall be used to delineate the base and top.

Change in Color or Material. This technique modulates the apparent size and scale of a building by changing colors and/or materials. At least two distinct building materials shall make up at least 25 percent of the total building facades. b. Above the Third Story on All Buildings Architectural Recession(s). This technique modulates the apparent size and scale of a building by recessing a portion(s) of the facade as an architectural element(s) or space(s) from the plane(s): a recessed entry from the sidewalk, a loggia or recessed balcony cut into the plane of the facade. Buildings that exceed 200 linear feet as measured along the back of sidewalk are required to integrate a Forecourt in compliance with Section 3.4.080 (Forecourt). The recession at the ground floor is required to extend through the top of the building. c. Buildings Over 100 Feet Long Horizontal Articulation. This technique modulates the apparent size and scale of the building by stepping a portion of the facade forward or backward from the predominant facade plane by at least three feet forward or backward. This technique may be applied throughout the building but is required above the third story.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024)

DIVISION 10-28.3.4 - SPECIFIC TO FRONTAGE TYPES

This Division sets forth the standards for completing the development of each building type with private frontages within the Downtown Zones. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each Downtown Zone in which the frontage types are allowed and are intended to ensure development that establishes or reinforces the highly-valued character arid scale of Downtown's centers and neighborhoods.

The standards in this Division apply to all proposed development and renovations along front and street side facades within the Downtown Zones, and must be considered in combination with the standards for the applicable zone and in the rest of this Division.

A.

Table A (Frontage Types Overview) provides an overview of the allowed frontage types. The names of the frontage types indicate their particular configuration or function and are not intended to limit uses within the associated building. For example, a porch may be used by non-residential uses such as a restaurant or office as allowed by the Downtown Zone.

B.

Each building may have multiple frontage types in compliance with the allowed types in the Downtown Zone and the types allowed in Subsection D of each building type's standards.

C.

Each building must have at least one frontage type for each street frontage.

D.

Frontage types not listed in the applicable zone standards are not allowed in that zone.

E.

Frontage types not listed in the applicable building type standards are not allowed on that building type.

Table 3.4.030.A Frontage Types Overview Frontage Type 3.4.040 Front Yard. The main facade of the building has a planted setback from the frontage line providing a buffer from the street. The yard may be fenced or unfenced to be visually continuous with adjacent yards, supporting a landscape that generates an open and green streetscape. 3.4.050 Porch: Projecting. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides and all habitable space is located behind the setback line. 3.4.060 Porch: Engaged. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.

located behind the setback line. 3.4.060 Porch: Engaged. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.

3.4.070 Stoop. The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-accessed. The stoop is appropriate for residential uses with small setbacks. 3.4.080 Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. 3.4.090 Dooryard. The main facade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard may not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and may be used for ground-floor residential or non-residential. 3.4.100 Maker Shopfront. The main facade of the building is at or near the frontage line with an at-grade or elevated entrance from the sidewalk. This type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on-site, includes a decorative roll-down or sliding door, may include glazing and an awning that overlaps the sidewalk. It may be used in conjunction with other frontage types allowed in the zone. 3.4.110 Shopfront. The main facade of the building. is at or near the frontage line with at-grade entrance along the sidewalk or along a terrace frontage. This type is intended for retail use, has substantial glazing between the shopfront base and the ground floor ceiling, and may include an awning that overlaps the sidewalk. This type may be used in conjunction with other frontage types allowed in the zone. Also Known As: Retail Frontage, Awning 3.4.120 Terrace. The main facade of the building is at or near the frontage line with an elevated terrace providing public circulation along the facade. This type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to

the terrace are necessary to avoid dead walls and maximize access. This type may also be used in historic industrial areas to mimic historic loading docks.

3.4.130 Gallery. The main facade of the building is at or near the frontage line and the gallery element overlaps the sidewalk in the right-of-way. This type is intended for buildings with ground-floor commercial or retail uses and may be one or two stories. Due to the overlap of the right-of-way, an easement is usually required. Alternatively the lot line may be aligned with the edge of the gallery and curb, and a sidewalk is established within an easement under the gallery.

A. Description

The main facade of the building has a planted setback from the frontage line providing a buffer from the street. The yard may be fenced or unfenced to be visually continuous with adjacent yards, supporting a landscape that generates an open and green streetscape.

B. Size

Depth must comply with Subsection E of the Zone standards.

C. Miscellaneous

Fences between front yards or between the sidewalk and front yard are allowed up to 3' tall.

5' min. between porch and sidewalk.

Front Yard Frontage may be combined with Porch (see Sections 3.4.050 and 3.4.060) or Stoop (see Section 3.4.070). The Front Yard frontage type standards control in case of conflict.

Fenced front yard with landscaping.

Small Front Yard with landscaping to help accent and define the space. General Note: Photos on this page are illustrative, not regulatory.

10-28.3.4.050 - PORCH: PROJECTING

A. Description

The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch is open on three sides and all habitable space is located behind the building setback line.

B. Size

Width, Clear 8' min.

A projecting porch that matches the symmetry of the house.

Wrap-around projecting porch on the front and side facades to create a nice seating space. General Note: Photos on this page are illustrative, not regulatory.

A. Description

The main facade of the building has a small-to-medium setback from the frontage line. The resulting yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The porch has two adjacent sides that are engaged to the building while the other two sides are open.

Engaged porch with its long side fronting the street.

Engaged porch with centered entry. General Note: Photos on this page are illustrative, not

regulatory.

A. Description

The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side-accessed. The stoop is appropriate for residential uses with small setbacks.

Only on street side facadess in NG and DT-MS Zones.

Stoops define the entries to this Rowhouse building while elevating the ground floor from the

street level.

Stoop with paired entries to dwelling portion of Live/Work units. General Note: Photos on this

page are illustrative, not regulatory.

A. Description

The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court, extending the public realm into the lot. The space may be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas.

The proportions and orientation of these spaces must comply with the diagram below for solar orientation and user comfort.

May group multiple residential entries in a forecourt at a common elevation in compliance with required Ground Floor Finish Level standards of the applicable zone.

Forecourt visually extends the public realm into this retail and office lot.

Forecourt provides unique entries to dwellings and breaks down the overall massing of the buildings shaping the space. General Note: Photos on this page are illustrative, not regulatory.

10-28.3.4.090 - DOORYARD

A. Description

The main facade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard may not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and may be used for ground-floor residential or non-residential uses.

Only on street side facades in DT-MS and UC Zones.

1 For live/work, retail and service uses only.

C. Miscellaneous

For live/work, retail and service uses, these standards are to be used in conjunction with those for the Shopfront frontage type. If there is a conflict between them, the Dooryard Frontage Type standards will control.

Each Dooryard must provide access to only one ground floor entry.

Ramps to comply with ADA are allowed subject to approval by the Director.

Small dooryards include low fences to provide a visual transition from the public sidewalk.

A series of small dooryards give small outdoor gardens along the front of each ground floor unit. General Note: Photos on this page are illustrative, not regulatory.

10-28.3.4.100 - MAKER SHOPFRONT

A. Description

The main facade of the building is at or near the frontage line with an at-grade or elevated entrance from the sidewalk. The type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on-site. The type includes a decorative roll-down or sliding door, may include glazing and an awning that overlaps the sidewalk and may be used in conjunction with other frontage types allowed in the zone.

vated entrance from the sidewalk. The type is intended for industrial artisan businesses to show their activity to people passing by on the sidewalk as well as for retail sales of products made on-site. The type includes a decorative roll-down or sliding door, may include glazing and an awning that overlaps the sidewalk and may be used in conjunction with other frontage types allowed in the zone.

Doors may be recessed when main facade is at the building setback line.

Maker Shopfront with large windows and pedestrian scale entrances.

Maker Shopfront with double doors for each entry. General Note: Photos on this page are illustrative,

not regulatory.

A. Description

The main facade of the building is at or near the frontage line with at-grade entrance along the sidewalk. This type is intended for retail use, has substantial glazing between the shopfront base and the ground floor ceiling, and may include an awning that overlaps the sidewalk. This type may be used in conjunction with other frontage types allowed in the zone.

Residential windows are not allowed. Doors may be recessed when main facade is at the building setback line. Operable and open-ended awnings are allowed. Rounded and hooped awnings are not allowed unless part of a historically designated building.

Decorative accordion-style doors/windows or other operable windows that allow the space to open to the street are subject to Director approval.

Shopfront with recessed entry and simple large windows. General Note: Photos on this page

are illustrative, not regulatory.

A. Description

The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid blank sections of walls and to maximize access. This type may also be used in historic industrial areas to mimic historic loading docks.

These standards are to be used in conjunction with those for the Shopfront frontage type where the zone requires the Shopfront frontage type.

Low walls used as seating are allowed.

Where the zone requires the ground floor to be flush with the sidewalk, the terrace is considered to be the sidewalk.

Terrace accommodates a change in grade with low walls for seating while keeping visual

connection with sidewalk.

One terrace spans across several ground floor townhouses with individual entries separated by landscaping. General Note: Photos on this page are illustrative, not regulatory.

A. Description

The main facade of the building is at or near the frontage line and the gallery element overlaps the sidewalk in the right-of-way. This type is intended for buildings with ground-floor commercial or retail uses and may be one or two stories. Due to the overlap of the right-of-way, an easement is required. Alternatively the lot line may be aligned with the edge of the gallery and curb, and a sidewalk is established within an easement under the gallery.

A two-story gallery fronting a passage.

A two-story gallery fronting a plaza. General Note: Photos on this page are illustrative, not

regulatory.

DIVISION 10-28.3.5 - SPECIFIC TO USE

10-28.3.5.010 - PURPOSE

A.

The purpose of this Division is to provide additional standards and requirements for certain land uses specified in Division 2.3 (Use Table) and for activities that require special standards to ensure compatibility with site features and existing uses.

B.

The specific to use standards included in this Division are in addition to those included in the Hayward Code.

C.

If there is a conflict between the standards of this Division and the standards in another Division of this Article, Article of this Chapter, or the Hayward Code, the standards in this Division controls unless stated otherwise.

Editor's note— Ord. No. 24-01, adopted January 23, 2024, repealed § 10-28.3.5.020, which pertained to Accessory Dwelling Units.

A.

Community Gardens. Community gardens are allowed as accessory uses on vacant lands, rooftops, or any other acceptable location for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens are subject to the following standards and any other applicable City standards:

1.

The site must be designed and maintained so that water and fertilizer will not drain onto an adjacent property.

2.

Retail on-site is not allowed, except for produce grown on-site.

3.

Buildings or structures are not allowed on-site, except for the following:

a.

Sheds for storage of tools are limited in size to 120 square feet;

(1)

Greenhouses, consisting of buildings made of glass, plastic, or fiberglass in which plants are cultivated, limited in size to 120 square feet and designed in compliance with setbacks for accessory structures; and

(2)

Other small hardscape areas and amenities including, but not limited to, benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, seasonal farm stands, fences, garden art, rain barrels, and children's play areas.

(3)

The combined area of all structures must not exceed 15 percent of the community garden site area.

b.

Fences must comply with Section 3.2.010 (Screening, Fences, and Walls).

c.

On-site stormwater, rainwater, or graywater systems and irrigation must be consistent with applicable Public Works standards.

4.

Composting. Composting may be performed onsite within a composting container subject to the following:

a.

Composted materials must be materials generated onsite or contributed by active members of the community garden;

b.

Composting containers must be located a minimum of three feet from property lines; and

c.

Odors and/or fly-breeding must not be greater than customarily found at a well-maintained residence in compliance with Section 10-1.150 (Nuisance) of the Hayward Code.

5.

Maintenance Required. Community gardens must be maintained to ensure that no nuisance conditions are created in compliance with Section 10-1.150 (Nuisance) of the Hayward Code.

6.

Abandoned or Unproductive Community Gardens. If a community garden is left in an unproductive state for longer than a period of 12 months, the garden coordinator or other individual(s) responsible for the community garden shall ensure that it is replaced with landscaping in compliance with the City's landscaping standards and subject to the City's Landscape Architect review.

B.

Livestock, Apiaries, and Household Pets must comply with Subsection 10-1.2735.e (Livestock, Apiaries, and Household Pets) of the Hayward Code.

A.

Purpose. This Section establishes standards for home occupations and provides criteria and procedures for the consideration and approval of home occupations.

B.

Applicability. The requirements of this Section apply to all home occupations, except for the following:

1.

Small family day cares licensed by the California State Department of Social Services;

2.

Home occupations that do not see clients or students on-site, such as home offices; and

3.

At the discretion of the Director, home occupations that include, but are not limited to, the instruction of students in a one-on-one setting such as music lessons or tutoring.

C.

Business License Required. A home occupation requires the approval of a business license consistent with Chapter 8-1 (Business Licenses) of the Hayward Code.

D.

Uses Allowed. Any use, except those listed in Subsection E, below, may be a home occupation if the Director determines that it complies with the standards of this Section.

E.

Uses Not Allowed as a Home Occupation. The following uses are not allowed as a home occupation:

1.

Adult entertainment activities;

2.

Banks and financial institutions, including but not limited to, non-traditional financial institutions;

3.

Teaching of organized classes totaling more than six persons at one time;

4.

Businesses involving hazardous materials including, but not limited to, waste facilities, transfer, storage and treatment, unless approved by the Fire Chief;

5.

Communication facilities, including but not limited to, transmission towers;

6.

Eating and drinking places, including but not limited to, bars, nightclubs, and restaurants;

7.

Funeral and interment services, including but not limited to, crematories, mortuaries, mausoleums, and undertaking;

8.

Laundry and dry-cleaning services;

9.

On-site vehicle-related uses, including but not limited to, cleaning, dismantling, embellishing, installing, manufacturing, repairing or servicing, selling, leasing or renting, towing, driving schools, dispatching vehicles, scrap yards, parts sales, or any storage of vehicles;

10.

Pet day care for more than four household pets;

11.

Repair work of any kind;

12.

Treatment or boarding of animals for profit;

13.

Transient habitation, except for bed and breakfasts where allowed by Division 2.3 (Use Table); and

14.

Any use not allowed in the applicable zone.

F.

General Standards. Home occupations must comply with the following:

1.

Employees.

a.

In NE and NG Zones, employees of the home occupation are limited to residents of the dwelling.

b.

In UN, DT-MS, and UC Zones,up to two employees of the home occupation other the residents of the dwelling are allowed to work within the dwelling.

2.

Hazard or Nuisance. A home occupation must not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy, where no home occupation exists in the zone in question.

3.

Customer/Client Hours. Customers/clients are only allowed to patron the home occupation between 8:00 a.m. and 6:00 p.m. daily. Outdoor customer or client activity must cease at sunset.

4.

Location. The home occupation must be located entirely within the primary residence, the garage, or an accessory structure.

5.

The owner or occupant must maintain the residential character of the lot and dwelling. Unless a modification is required to comply with accessibility requirements, a home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is not allowed.

6.

Parking and Traffic.

a.

Required parking must be maintained. Vehicles connected to the home occupation may not be parked in required front or side setbacks.

b.

Pedestrian and/or vehicular traffic may not be more than the normal amount in the zone in which the home occupation is located.

c.

The home occupation may not generate traffic or business which would necessitate the increase in the amount of required off-street parking for the principal residential use.

7.

Sales and Display. The home occupation may not display or sell any commodities except those produced on the premises.

8.

Storage. Storage of materials and/or supplies related to the business, outside the residence, is not allowed.

9.

Signage. No signs may be displayed on the site in connection with the home occupation.

Vehicle Storage.

a.

Parking a commercial vehicle on the street adjacent to the property is prohibited.

b.

A commercial vehicle associated with the home occupation may only be stored on the premises if it is screened from the street or housed in an accessory structure that conforms with applicable zone standards.

G.

Cottage Food Operation. Consistent with the operational requirements of California Health and Safety Code Section 114365 et seq., a cottage food operation (CFO) must comply with the following standards, in addition to those listed in Subsection F. If there is a conflict with the standards listed in Subsection F, the following standards control.

1.

All applicable provisions of the Hayward Code are made a part of the conditions of approval in their entirety;

2.

The CFO must be registered with the Alameda County Office of Environmental Health and conform with all regulations of AB 1616;

3.

Food preparation must take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residentially zone property;

4.

Only foods defined as "non-potentially hazardous" are approved for preparation by CFOs. The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change;

5.

There may be one employee onsite, excluding residents of the dwelling;

6.

Class A CFOs are allowed to engage in direct sale, including up to two customers on-site at one time;

7.

Class B CFOs may engage in both direct sale and indirect sale of cottage food products;

8.

No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining, or dishwashing;

9.

Infants, small children, or pets may not be in the registered or allowed production area during the preparation, packaging, or handling of any cottage food products;

10.

Equipment and utensils used to produce cottage food products must be clean and maintained in a good state of repair;

11.

All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products must be washed, and sanitized before each use;

12.

All food preparation and food and equipment storage areas must be maintained free of rodents and insects;

13.

No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment may occur outside of the registered or allowed production area;

14.

Smoking is not allowed in the registered or allowed production area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment;

15.

A person with a contagious illness shall refrain from work in the registered or allowed production area of the CFO;

16.

A person involved in the preparation of packaging of cottage food products must keep their hands clean and exposed portions of their arms clean and must wash their hands before any food preparation of packaging activity;

17.

Water used during the preparation of cottage food products must meet potable drinking water standards;

18.

A person who prepares or packages cottage food products must complete a food processor course instructed by the California Department of Public Health within three months of becoming registered or permitted; and

19.

CFO products must be properly packaged and labeled in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 343 et seq.), and the Department's additional labeling requirements.

A.

Purpose. This Section provides standards for live/work units and for the reuse of existing commercial and industrial buildings to accommodate live/work opportunities where allowed in the applicable zone.

B.

Applicability. Live/work units are allowed in compliance with Division 2.3 (Use Table).

C.

Use and Occupancy Requirements.

1.

The "live" component of a live/work unit must be a residential use allowed in the applicable zone and the principal residence of at least one individual employed in the business conducted within the live/work unit.

2.

The "work" component of a live/work must be a use allowed in the applicable zone.

3.

Changes in Use. After approval, a live/work unit may not be converted to either an entirely residential or entirely commercial use unless approved by the Planning Commission with a Conditional Use Permit. No live/work unit may be changed to an entirely residential use in any structure where residential uses are not allowed.

D.

Uses Not Allowed as Live/Work. The following uses are not allowed as a live/work use:

1.

Adult entertainment activities;

2.

Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3.

Storage of flammable liquids or hazardous materials beyond what are normally associated with a residential use;

4.

Welding, machining, or any open flame work; and

5.

Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

E.

Operating Requirements.

1.

Sale or Rental of Portions of the Unit. No portion of a live/work unit may be rented or sold separately as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2.

On-premises Sales. On-premises sales of goods are limited to those produced within the live/work unit. The retail sales activity must be incidental to the primary production work within the unit. Open studio programs and gallery shows are allowed.

3.

Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is otherwise prohibited or limited by the applicable permit. The employment of three or more persons who do not reside in the live/work unit may be allowed subject to a Conditional Use Permit.

4.

Client and Customer Visits. Client and customer visits to live/work units are allowed between 8:00 a.m. and 6:00 p.m. daily. Outdoor customer or client activity must cease at sunset.

F.

Floor Area Requirements. The floor area of the work space must be at least 30 percent of the total floor area of each live/work unit. All floor area other than that reserved for living space must be reserved and regularly used for working space.

G.

Integration of Living and Working Space. Areas within a live/work unit that are designated as living space must be an integral part of the live/work unit. The living space of a live/work unit must be accessed only by means of an interior connection from the work space, and must have no exterior access, except as required by the Building Code.

A.

Purpose. The purpose of this Section is to establish standards for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Section.

B.

Applicability. A Temporary Use allows short term activities that might not meet the normal development or use of standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, when reviewed and appropriately conditioned in compliance with this Section and Division 5.5 (Temporary Use Permit).

C.

Exempt Temporary Uses. The following minor or limited duration temporary uses are exempt from the requirement for a Temporary Use Permit in Division 5.5 (Temporary Use Permit). Uses that do not fall within the categories defined below must comply with Subsection E.

1.

Contractors' Construction Yards On-site.

a.

On-site contractors' construction/storage yard(s), in conjunction with an approved construction project on the same parcel, including, but not limited to, storage or cargo containers.

b.

The construction yard must be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2.

Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Director.

3.

Fundraising Events.

a.

Fundraising events (e.g., bake sales, yard sales, car washes, etc.) are limited to a maximum of two days per month for each sponsoring organization.

b.

Sponsorship is limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

4.

Garage and Yard Sales. Garage and yard sales (e.g., personal property sales) are allowed as Temporary Uses when conducted within a NE or NG zoned property and are subject to the standards in Subsection 10-1.2735 (Garage Sales) of the Hayward Code.

5.

Sidewalk Dining. Sidewalk dining, in compliance with Sec 3-5.13 of the Hayward Code.

D.

Allowed Temporary Uses. The following temporary uses and events require a Temporary Use Permit in compliance with Division 5.5 (Temporary Use Permits), and must comply with the following standards:

1.

Events. In addition to the following standards, temporary events must comply with Section 10-1.2735 (Outdoor Gatherings) of the Hayward Code. If there is a conflict between this Section and the Hayward Code, this Section controls.

a.

Circuses, carnivals, and similar transient amusement enterprises in a UN, DT-MS, or UC Zone subject to no more than 30 clays of site occupation and operation in any calendar year.

b.

Music festivals, movie nights, outdoor art and craft shows and exhibits, and similar outdoor entertainment activities in any zone except the NE and NG Zones, subject to a limitation on the number of days of operation as determined by the Director.

c.

Farmers Markets are allowed as follows:

(i)

Markets are allowed on sites in the UN, DT-MS, and UC Zones;

(ii)

The market may be open up to 70 days per calendar year.

(iii)

The market cannot obstruct a path that is part of a required pedestrian circulation system.

2.

Seasonal Sale Events. Seasonal sale events (e.g., Halloween, Thanksgiving, Christmas, etc.) must comply with Subsection 10-1.2735.c (Seasonal sales activities for holidays) of the Hayward Code. Accessory uses, including temporary residence/security trailers, are only allowed on non-residential properties. Businesses holding valid a Business Permit, in compliance with Chapter 8-1 (Business Licenses) of the Hayward Code must not exceed 45 days for pumpkin and tree sales. Seasonal sales events may not occur more than four times per calendar year with a maximum of five days for each event.

3.

Storage Containers. Storage containers, including cargo containers or semitrailers, used for storage purposes.

a.

No storage container may exceed a storage period of 15 days in any calendar year, except Subsection, below.

b.

A storage container located on an active construction site may be retained longer than 15 days, but must be removed immediately following the issuance of a certificate of conformance or final inspection.

c.

Storage containers are not allowed within the public ROW and must be placed to prevent public health or safety issues.

4.

Tract Homes or Lot Sales Offices.

5.

Mobile Homes. A mobile home to be utilized as a temporary dwelling in a residential zone while a single family dwelling is under construction and subject to the following provisions:

a.

The mobile home may only be located on the same parcel under construction and occupied while actual construction activities are taking place upon the parcel. The period of placement and use may not exceed 12 months.

b.

The mobile home may only be occupied by the property owner, the builder designated on the Building Permit, and the owner's/ builder's family.

c.

The timely removal and compliance with all conditions of approval may be required.

d.

The minimum setbacks for the zone must be maintained.

e.

Additional conditions necessary and appropriate to ensure compatibility with surrounding development, existing and contemplated, may be imposed on the approved permit.

6.

Mobile Outdoor Business. A mobile outdoor business compatible with the applicable zone and surrounding land uses must operate in compliance with the following standards:

a.

Mobile outdoor businesses must obtain and display a valid health certificate from the County Health Department on equipment at all times.

b.

Mobile outdoor businesses shall not operate between the hours of 12:00 a.m. and 6:00 a.m. in the UN, DT-MS, and UC Zones or between the hours of 10:00 p.m. and 8:00 a.m. in the NE and NG Zones.

c.

Exterior lighting must be hooded or shielded so that the light source is not directly visible to neighboring uses.

d.

The mobile outdoor businesses may not erect any permanent structure on the site where the temporary mobile outdoor business fair is located.

e.

During business hours, the permit holder shall provide a trash receptacle and seating area for use by customers.

f.

A permanent water or wastewater connection is prohibited.

g.

Disposal of cooking waste may only occur at County Health Department approved facilities.

h.

The mobile outdoor business may not be located in a public right-of-way.

7.

Temporary Vegetable and Fruit Stands. A temporary vegetable and/or fruit stand is allowed in compliance with the following standards:

a.

Vegetable and fruit stands must be operated by the producer;

b.

The stand may not operate more than 90 days a year;

c.

The producer shall obtain written consent from the land owner to operate a temporary vegetable and/or fruit stand on the property;

d.

More than one stand per lot is prohibited;

e.

Stands may encroach into required setbacks, but may not encroach into the public right-of-way.

E.

General Requirements for All Temporary Uses. The Review Authority (See Division 5.5 (Temporary Use Permit)) may impose requirements for any of the following conditions:

Compliance with all applicable Federal, State, or County, and local regulations and ordinances;

2.

Compliance with any other permit requirements (i.e., Building and/or Electric);

3.

Applicant availability during temporary use activity;

4.

Agreement that the temporary use will cease on the date printed on the permit, and all related equipment, supplies, product and personnel must be removed from the site; or

5.

Any other condition which will ensure the operation of the proposed temporary use or event in an orderly and efficient manner and in full compliance with the purpose of this Chapter, including those related to the following:

a.

Cumulative time limits;

b.

Parking;

c.

Operating hours;

d.

Screening;

e.

Storm water;

f.

Waste collection and disposal;

g.

Pedestrian and vehicular access/circulation; and

h.

Signs, in compliance with Section 10-7.600 (Temporary Sign Regulations) of the Hayward Code.

F.

Temporary Structures. Temporary structures are allowed on vacant lots for a period not to exceed six months, provided the area is left unchanged and in its original condition after the removal of the temporary structure.

G.

Temporary Use of Existing Structures. Temporary, short-term, use of an existing structure is allowed in all zones, provided:

1.

The short-term use, if a permanent use, would otherwise be a permitted use in the zone;

2.

The short-term tenant has signed a lease with the property owner for a time period of no more than six months.

H.

Similar Temporary Uses. Similar temporary uses, which are compatible with the zone and surrounding land uses, may require a Temporary Use Permit in compliance with Division 5.5 (Temporary Use Permit) and be subject to the standards in this Section, as determined by the Director.

I.

Condition of the Site Following Temporary Use. Each site occupied by a temporary use must be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.