Chapter 10.42 — DOWNTOWN OVERLAY ZONE

The purpose of the Downtown Overlay zone is to ensure that Tulare's Downtown can attract and retain businesses that appeal to residents and visitors alike and create a welcoming and unique environment that represents the community of Tulare. The objectives of the Downtown Overlay zone are:

• (A) Enhance efforts aimed at economic development by fostering an environment conducive to business success in the downtown area.

• (B) Generate pride and confidence in the downtown area.

• (C) Create an attractive environment that is active throughout the day and evening.

• (D) Establish downtown development and design standards that will create a unified, yet distinctive, and attractive urban character that respects the historical context that has been established and serves the city for the long term.

• (E) Present a recognizable, cohesive theme within the downtown with enhanced streetscapes, distinct landscaping, wayfinding features, and branding to define the identity of the downtown.

(F) Encourage pedestrian activity by facilitating building design that places retail, restaurant, and entertainment uses on the ground floor.

(Ord. 2025-01, passed 1-7-2025)

(A) This chapter shall apply to all land within the Downtown Overlay zone, as defined on the Zoning Map.

(B) The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

(Ord. 2025-01, passed 1-7-2025)

(A) Permitted uses in the Downtown Overlay zone shall include all uses that are permitted in the base zoning district. The following uses are permitted in the Downtown Overlay zone, regardless of the base zoning:

• (1) A combination of permitted uses on one parcel or in shared buildings.

• (B) Conditional uses in the Downtown Overlay zone shall include all uses that are conditional in the base zoning

district. The following uses are allowed with the approval of a conditional use permit in the Downtown Overlay zone, regardless of the base zoning:

• (1) Multi-family housing development with an overall density of at least eight but no more than 29 units per acre.

• (2) Mixed-use developments that include both commercial and residential uses on the same parcel.

(3) Adjoining parcels with differing base zoning districts or a single parcel with existing split zoning may be developed as one project that includes permitted and conditional uses from both base zoning districts without regard to district boundaries.

(Ord. 2025-01, passed 1-7-2025)

The following development standards shall apply to all land and structures within this district.

• (A) There shall be no required minimum site area.

• (B) There shall be no minimum frontage width or depth requirement.

• (C) There shall be no maximum lot coverage.

• (D) Setbacks. To the extent practical, new construction shall follow the prevailing building pattern where buildings are constructed at the front of the lot with parking situated to the rear or side, as follows:

• (1) Buildings shall be designed so that at least one-half of the parcel frontage shall abut a building wall.

• (2) There shall be no required side building setback, except that buildings located on corner lots shall be designed so that at least one-half of the side lot line abuts a building wall.

• (3) There shall be no required rear building setback.

• (4) There is no minimum distance between structures required, except that all building code requirements shall be met.

• (5) The maximum structure height shall be 60 feet.

• (Ord. 2025-01, passed 1-7-2025)

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter

• 10.54. Parking lots shall be developed as identified below:

• (A) To the extent practical, parking lots shall be located as much as possible to the rear of buildings.

• (B) Parking lots located between the front property line and the primary entrance are prohibited.

• (C) Parking lots constructed adjacent to any street right-of-way shall be set back a minimum of five feet from the property line. The parking lot shall be screened by a minimum four-foot-tall solid wall and landscaping.

• (Ord. 2025-01, passed 1-7-2025)

• (A) Landscaping shall be provided for each new use as prescribed in Chapter 10.52 Landscape Standards.

• (B) Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

• (Ord. 2025-01, passed 1-7-2025)

• (A) The fences in the Downtown Overlay zone shall conform to the design standards provided in § 10.50.040.

• (B) These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety, or to retaining walls that adjoin land uses.

• (C) Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

• (1) Maximum fence height shall be seven feet, except for walls constructed in pedestrian plazas.

• (2) Materials and colors used for fences and walls shall be complementary to the materials and colors used in buildings located on the site.

• (3) Walls: walls up to 30 inches tall (which can be used for sitting) may be located on the property line for restaurants or other uses utilizing the plaza for retailing or other similar outdoor uses.

• (D) The city reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

• (Ord. 2025-01, passed 1-7-2025)

Signs placed in the Downtown Overlay zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

(Ord. 2025-01, passed 1-7-2025)

(A) Storefront construction. Ground-floor storefronts should have a minimum of 60% transparent space (windows).

(B) Side walls. Blank, solid end walls, or side walls visible from public view are discouraged. If the walls are necessary (based on interior design), the structure wall shall receive some form of articulation or "add-on" elements such as awnings, cornice bands, murals, etc.

(C) Facade. The facade appearance of adjacent structures shall be considered in the design of new buildings to avoid clashes in architectural style and materials.

(D) Roofline. The roofline of buildings shall be considered an important element in the overall building design. Decorative embellishments at the roofline such as cornices, or changes in height, material, color, or shape are encouraged.

• (E) Canopies and awnings.

(1) Canopies and awnings shall respect the character and style of the structure on which they are located, particularly in the material, color, and size.

(2) Canopies shall be sized so that they do not obscure significant architectural features or cover transom windows above the canopy.

(3) The minimum clearance of a canopy or awning (including any attached hanging signs) shall be eight feet from the lowest point to the sidewalk.

• (F) Doors and windows.

(1) The design and location of doors and windows shall consider the architectural character of the surrounding

area. The use of simple wood and glass doors and windows is encouraged. Where aluminum is used, a dark anodized or baked enamel finish shall be used.

(2) Clear glass should be used on ground floor windows to promote window shopping, visual displays, and pedestrian activity. Tinted glass allowing a minimum 50% light transmission will be considered only for use in second-floor windows and above on an individual case basis. The use of reflective glass is prohibited.

(3) Storefront windows should be as large as possible while maintaining height standards for bulkheads. Maximum bulkhead height for new construction shall be 42 inches, and minimum bulkhead height shall be 24 inches. Bulkheads should be accented with decorative tile, finished stone, or other distinctive material.

(4) Replacement windows must always fill the entire opening and duplicate original patterns.

(5) Window patterns in new buildings shall respect existing window patterns where a distinctive rhythm has been established.

• (G) Plaza provisions. Plazas shall be developed as identified below:

(1) A plaza shall have a minimum size of ten feet deep and the width of the entire storefront, or an area incorporating at least 650 square feet.

(2) A minimum of 80% of the area shall be paved in a decorative paver or textured, colored concrete. Asphalt paving is prohibited as a plaza paving material.

• (H) Lighting.

(1) All exterior lighting fixtures shall be designed as part of the overall architectural theme. Fixtures, standards, and all exposed accessories shall be harmonious with the building design, the lighting design of adjacent public

spaces, and the overall visual environment of the downtown.

(2) Night lighting of buildings shall be selective and focused; exterior lighting of entire building faces is

generally not desirable. Lighting should highlight entrances, dramatize special architectural features, keynote repeated features, and use the play of light and shadow to articulate the facade.

(3) Entrances of buildings and parking areas shall be well-illuminated to enhance safety, identification, and convenience.

(4) Recessed building entryways should be illuminated by downlights.

(Ord. 2025-01, passed 1-7-2025)