Part 2 — DEVELOPMENT REGULATIONS

All development in the pedestrian oriented districts shall conform to the regulations set forth in this part.

(Ord. 28858.)

A.

The minimum lot size shall be six thousand square feet.

B.

Notwithstanding the provisions of Subsection 20.75.105A., in the pedestrian oriented districts, the minimum area of a lot, whose area as shown on a final subdivision map approved by the city, is less than the minimum required but not less than five thousand square feet, shall be the area shown for such lot or parcel on such subdivision map.

C.

The minimum unit size for a nonresidential condominium space shall conform to the requirements of Subsection 20.175.042B.

(Ords. 28858, 29011.)

A.

Building placement and building setbacks shall conform to the regulations set forth in Table 20-151.

Table 20-151 MS-G and MS-C Main Street Districts Required Build-to-Lines and Setbacks

Regulations Main Street or Major Minor Cross Street Residential Street Notes and Sections Cross Street Frontage Frontage Frontage

Front build-to-line 5 ft. from front lot line 2 ft. from front lot line 15 ft, from front lot line Section 20.75.110B. and C.

Front setback 10 ft. maximum 10 ft. maximum

Percent of building 70% minimum 30% minimum façade that is required to be located on the build- to-line or set back no more than one foot from the build-to-line 1

Side interior setback 2 None None

Minimum setback from 15 ft. 15 ft. 15 ft. Section 20.75.120A. any lot line adjacent to a property located in a residential zoning district 3

Setback from any other None None None Note 1 lot line

Notes:

Building Code setbacks may apply.

B.

Building placement requirements and exceptions. Building placement shall conform to the following:

The front build-to-line shall apply to that portion of a building located below the elevation of the fifth finished floor.

No portion of the building shall be located within the minimum setback area between the build-to-line and the street, except as expressly allowed in Section 20.75.130A.

For purposes of calculating the percentage of building façade located at the build-to-line, a window that is inset from the surrounding building façade shall be assumed to be at the same plane as the surrounding

building façade.

C.

Buildings with a residential street frontage shall conform to the following:

That portion of a building façade located below the elevation of the second finished floor, except recessed building entries, windows and balconies, shall be located on the build-to-line.

No portion of the building shall be located within the minimum setback area between the build-to-line and the street, except as expressly allowed in Section 20.75.130B.

(Ords. 28858, 29011.)

A.

Notwithstanding the provisions of Table 20-151, in Section 20.75.110 the decision maker may approve a building fronting onto a main street, major cross street or minor cross street frontage with a front setback that is greater than the maximum front setback set forth in Table 20-151, based on a finding that a greater setback is needed in order to provide one or more recessed pedestrian entries or a pedestrian plaza, or to accommodate pedestrian ramps in a flood zone.

B.

Notwithstanding the provisions of Table 20-151 in Section 20.75.110, the decision maker may approve a building on a main street or cross street frontage with less than seventy percent of the building façade located at the building-to-line based on a finding that such a reduction is needed to accommodate recessed pedestrian entries at the ground level or residential balconies at the elevation of the second finished floor or above.

C.

Notwithstanding the provisions of Table 20-151 in Section 20.75.110, no setback is required from that portion of a property situated in a residential zoning district that is located less than one hundred feet from the main street.

D.

Notwithstanding the provisions of Table 20-151 in Section 20.75.110, an interior side setback of less than five feet, but greater than zero, shall be allowed to accommodate Title 24 requirements regarding building expansion.

(Ord. 29011.)

A.

Front build-to-line setback requirements.

Applicability. All development on lots with frontage on a main street, major cross street or minor cross street shall conform to the build-to-line and pedestrian zone setback requirements of this subsection.

Purpose. The pedestrian zone consists of a minimum ten-foot sidewalk and a private property building setback. The regulations of this section for the front building setback are intended to promote an active, safe and attractive pedestrian zone.

Pavement. The area between the sidewalk and the build-to-line shall be paved to match the sidewalk.

Encroachments. The front setback area between the sidewalk and the build-to-line shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground and below the surface of the ground by all buildings, structures, fences, ramps, or equipment, except as follows:

a.

Signs, lighting, sills, eaves, belt courses, cornices, canopies, awnings, and other similar architectural features located a minimum of eight feet above grade; and

b.

Walks and driveways for vehicular or pedestrian access to the lot that are at the same elevation as the adjacent public sidewalk; and

c.

Overhead wires necessary for utility service to a building on the lot; and

d.

Underground lines necessary for utility service to the site; and

e.

Utility structures located entirely below grade; and

f.

Planters or planting beds, extending not more than eighteen inches into the setback area and no more than eighteen inches in height above grade; and

g.

Movable tables, chairs, umbrellas, outdoor heaters, and retail displays; and

h.

Moveable partitions or planters to define an outdoor seating area subject to approval of a development permit or permit adjustment; and

i.

Bicycle racks; and

j.

Balconies located at or above the elevation of the third finished floor that project no more than three feet into the airspace above the pedestrian zone setback; and

k.

Residential stoops on a minor cross street frontage that extend into the pedestrian zone setback a distance of no more than two feet.

B.

Requirements for all other setbacks. Except as otherwise expressly and specifically provided in Section 20.75.120A., every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows:

Lighting, sills, eaves, belt courses, cornices, canopies, awnings may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area, and three feet into the air space above the surface of the ground in the front setback area of a residential street frontage; and

On a residential street frontage, balconies may project horizontally for a distance of not more than three feet into the air space above the surface of the ground in the front setback area; and

Unenclosed porches, whether or not they are covered, may extend into the minimum front setback area of a residential street frontage not more than eight feet, provided that such porches cover no more than fifty

percent of the setback area. Stairs that are uncovered and unenclosed may extend not more than twelve feet into the minimum setback area;

Overhead wires necessary for utility service to a building on the lot; and

Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot; and

Walks and driveways for vehicular or pedestrian access to the lot provided that no part of any such walk or driveway situate in any setback area which abuts upon a public street shall be more than two feet above or more than one foot below the surface grade of the public street on which such setback area abuts. As used in the preceding sentence "surface grade" shall mean the average grade at top of curb, or if there is no curb then at the centerline, of that linear portion of the public street which abuts such setback area; and

Mechanical equipment, including but not limited to pool equipment and HVAC equipment, may not be placed in a front setback area.

(Ords. 28858, 29011.)

A.

Active commercial building frontage and residential building frontage shall be provided in conformance with the regulations set forth in Table 20-152. "Active commercial building frontage" means building space adjacent to a street at the ground level of a building that is designed for retail or other customer-oriented commercial use. Such space shall not include vehicle parking, service areas, utility facilities, residential uses, or residential support uses such as lobbies, resident laundry rooms and resident work-out facilities. "Residential building frontage" means building space designed for residential dwelling units located on a residential street frontage in a pedestrian oriented zoning district.

Table 20-152 MS-G and MS-C Main Street Districts Building Frontage Requirements

Lot Type Minimum Required Active Commercial Building Frontage

Main street frontage

Corner lots 65% of the first 100 linear feet of site frontage plus 75% of any additional site frontage beyond the first 100 linear feet

Interior lots - frontage of 60% of the first 100 linear feet of site frontage and 75% of site frontage 100 linear feet or more beyond the first 100 linear feet

Interior lots - frontage of 50% of the first 50 linear feet of site frontage plus 70% of any additional site less than 100 linear feet frontage between 50 and 100 linear feet

Major cross street frontage

Corner lots with main 25 linear feet of site frontage within 50 feet of the main street street frontage

All other lots 50% of the linear dimension of the site frontage

Minor cross street frontage

Corner lots with main 20 linear feet of site frontage within 50 feet of the main street street frontage

All other lots 50% of the linear dimension of the site frontage

Residential street frontage

All lots Any portion of a building located within 50 feet of the public right-of-way of a residential street shall be designed for residential uses

B.

Active commercial building frontage exceptions.

Notwithstanding the provisions of Table 20-152 in Section 20.75.140, the decision maker may reduce the required active commercial building frontage for lots with less than one hundred linear feet of frontage with a development permit based on a finding that:

a.

Reduced active commercial building frontage is needed to allow for vehicular access to the site; and

b.

Access cannot feasibly be provided through lot assembly or shared access though an adjacent site.

If the director cannot make the findings required in Section 20.75.140B., up to two thousand square feet of building area shall be allowed with no on-site vehicle access or parking, provided the building area conforms to all other provisions of this title.

The active commercial building frontage requirements shall not apply to an off-street parking establishment for which the planning commission or the city council on appeal approves a conditional use permit which finds that the off-street parking establishment is needed to serve commercial uses in the area on an interim basis until such time as the site is developed consistent with the active commercial building frontage requirements of this chapter.

(Ords. 28858, 29011.)

A.

All active commercial building frontage required pursuant to Section 20.75.140 in the MS-G and MS-C main street districts shall conform to the design requirements set forth in Table 20-153.

Table 20-153 MS-G and MS-C Main Street Districts Requirements for Active Commercial Building Frontage

Requirements Less than 8,000 8,000 or more sq. Notes and sq. ft. of ft. of contiguous Sections contiguous commercial space commercial space

Minimum height of first story 1 15 ft. 18 ft. Note 1

Minimum first floor commercial space 45 ft. 60 ft. Note 2 depth 2

Minimum glazing area Building façades facing a street shall consist of storefronts with clear, untinted glass or other glazing material on at least 70% of the surface area of the façade between a height of 18 inches and 96 inches.

Building entries All ground-level commercial space fronting on a street shall have a primary building entry situated along and accessible from the pedestrian zone. "Pedestrian zone" means the pedestrian zone setback and the adjacent public sidewalk. Buildings located on corner lots shall have a primary building entrance along and accessible from the primary street.

Notes:

"First story height" is the distance between the upper surface of the ground floor and the upper surface of the floor next above.

For a lot with two or more street frontages, this provision shall apply only to the primary street frontage as defined in Section 20.75.020C.2. "Depth of a first floor commercial space" is the length of a line extending perpendicular to the street between the building wall located at the street frontage and the opposing building wall at the rear of the commercial space. The measurement shall be from the interior wall surfaces at grade and shall reflect the minimum distance between the opposing walls along 75% or more of their horizontal dimension.

B.

Residential building frontage design. Residential building frontage required pursuant to Section 20.75.110C. shall conform to the design requirements set forth in Table 20-154.

Table 20-154 MS-G and MS-C Main Street Districts Residential Building Frontage Design Requirements

Requirements MS-G

Elevation of first finished floor Maximum: 48 inches above grade

Structured parking on a residential building Ventilation openings for partially below-grade frontage parking shall not face a residential street.

Building entries A minimum of one pedestrian building entry shall be provided to the street front for each 50 feet of residential street frontage.

(Ords. 28858, 29011.)

Editor's note— Section 20.75.150 was repealed by Ordinance 29011, passed December 13, 2011. See Section 20.75.140.

A.

Maximum height and stories. All buildings and structures in the MS-G and MS-C main street districts shall be limited to the number of stories and maximum height as set forth in Table 20-155.

Table 20-155 MS-G and MS-C Main Street Districts Maximum Stories and Height

Category Requirement Notes and Sections

Maximum allowed stories 5 stories above grade

Maximum allowed height 1 75 feet above grade Section 20.75.160B

Maximum allowed height within 35 feet maximum height within 20 Section 20.75.160.B 50 feet of property located in a feet of the residentially zoned residential zoning district allowing property, increasing by one foot 8 units or less per acre 2 for every one additional foot of setback

Maximum allowed height within 45 feet maximum height within 20 Subsection 20.75.160.B 50 feet of property located in a feet of the residentially zoned residential zoning district allowing property, increasing by one foot 9 to 30 units per acre 2 for every one additional foot of setback

Maximum allowed height within 35 feet above grade 40 feet of a residential street 20-156

B.

Building height exceptions.

Notwithstanding the provisions of Table 20-155 in Section 20.75.160, the maximum height limits for a building or structure located within fifty feet of a residential zoning district shall not apply to any portion of a building or structure located within one hundred feet of the main street.

Notwithstanding the provisions of Table 20-155 in Section 20.75.160, the decision maker may increase the allowed height for that portion of a building or structure located within fifty feet of a residential zoning district with a development permit based on the following findings:

a.

The property located in a residential zoning district is not developed with a residential use; and

b.

The orientation, location and elevation of the proposed building(s) is compatible with adjacent development; and

c.

The development does not exceed a height of seventy-five feet above grade.

Notwithstanding the provisions of Table 20-155 in Section 20.75.160, elevator shafts, roof equipment and other non-habitable building elements that do not exceed an area equal to ten percent of the area of the fifth floor of the building, may extend to a height of eighty feet. The area of any roof screen that exceeds a height of seventy-five feet above grade shall include the area encompassed by that roof screen.

(Ords. 28858, 29011.)

All residential development in the MS-G and MS-C main street districts shall provide useable common recreation space in conformance with all of the requirements of this section.

A.

Useable common recreation space shall be provided equal to one hundred or more square feet per residential unit and shall:

Be accessible to all residents of the building or site; and

Provide a minimum horizontal dimension of fifteen feet and a minimum contiguous area of three hundred square feet; and

Be designed primarily for recreational use; and

Not include pedestrian circulation unless such circulation is integral to the recreational use of a larger outdoor recreation area, or the pedestrian facility is a jogging trail, exercise course or other facility that is primarily recreational in purpose.

B.

Useable common recreation space may include recreation space that is interior to a building if that interior recreation space conforms to the following additional requirements:

The entire area of the indoor space is designed exclusively for recreational use (including but not limited to swimming pools, work-out facilities, tennis courts or multi-use recreation rooms) and is available to all residents of the building or site; and

The area of the indoor recreation space does not exceed fifty percent of the total useable common recreation space required for the building or site.

C.

Private open space shall be provided equal to sixty or more square feet per residential unit for a minimum of fifty percent of the total residential units on the site. Private open space shall be directly accessible from the residential unit it serves and shall have a minimum horizontal dimension of six feet.

D.

Notwithstanding the provision of Section 20.75.180A., a residential development with twenty residential units or fewer shall not be required to provide useable common recreation space, if private open space is provided for every residential unit in the amount and with the configuration specified in Section 20.75.180C.

E.

Notwithstanding the provisions of Section 20.75.180C., the decision maker may reduce the percentage of residential units required to have private open space to less than fifty percent of the total units through a development permit based on a finding that the private open space that would otherwise be required has been replaced on that site on a one-for-one basis by additional useable common recreation space that is above and beyond the amount required in Section 20.75.180A.

(Ords. 28858, 29011.)