Standards for development
(a) No development plan shall be approved unless it is determined that the following standards are reached to the maximum extent feasible, or to the extent feasible given the circumstances of the property, in accordance with the provisions of these regulations.
(1) Build-to line requirement. In no case shall the front setback specified for the underlying zoning district take precedence. All building front setback requirements shall be zero, except under the following circumstances:
a. Where other site requirements such as utility or access easements preclude such building placement.
b. Where it is determined that the use of existing buildings on adjacent parcels would be significantly adversely affected by setbacks from front or side property lines that are smaller than those on the adjoining parcels (e.g., light would be blocked from existing windows on the side of a building).
c. Where minimum required clearance from an overhead electric power line, based on the National Electric Code, must be maintained, especially for buildings of more than one story.
(2) Setbacks. For a particular development plan, a determination shall be required that proposed setbacks are consistent with the purposes and design intention of this overlay district.
(3) Ground floor facade. At least 50 percent of the ground floor facade of non-residential use shall be constructed of transparent material or otherwise designed to allow pedestrians to view activities inside the building. The ground floor facade shall be composed of windows opening into the interior, display windows (which need not be open into the interior), or entrances, which openings are determined to be well-distributed along the face of the building or addition so as to minimize the lengths of blank wall areas.
(4) Building width. A new building or addition to an existing building shall occupy the full width of the lot, except in the following circumstances:
a. A pedestrian passageway to parking or other businesses to the rear of the building is provided.
b. A side yard is used as an outside seating area for a cafe or a public courtyard.
c. A driveway to parking spaces in the rear is allowed alongside the building because there is no other access to the parking spaces.
d. A utility easement precludes use of the full width, in which case one of the above uses shall be placed over the easement.
(5) Outdoor patron seating areas. Administrative review and issuance of an outdoor use area permit is required for designation of proposed outdoor seating areas, to ensure that the standards in this Chapter are met and that public safety and access for pedestrians, persons with disabilities, and emergency response personnel will not be compromised.
(6) Signage. The signage requirements of article VII. Signs shall be met, except as provided below:
a. Wall sign. Wall signs shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic). Signs shall be placed on the building so as not to obscure architectural features and details. Internally illuminated neon signs are permitted.
b. Free standing sign. A freestanding sign shall be externally illuminated by incandescent, metal halide or halogen light and shall be made of metal, painted wood or similar material (no plastic).
(7) Parking. Each development in this district shall be required to demonstrate to the satisfaction of the DPR Committee that the location, arrangement, appearance, and sufficiency of off-street parking and loading shall be adequate to serve the development. No parking, driveway, or other area for vehicles shall be placed between the building and the street.
a. Parking ratios. The number of parking spaces provided for a site shall be considered as a base from which to adjust, as applicable and appropriate, to an adequate number and location of spaces. In no case shall the number of off-street parking spaces exceed the number calculated from the parking ratios required by the zoning ordinance. For a building of two or more stories, floor area within stairwells and elevator shafts shall not be included in total floor area for parking calculations.
b. Shared parking. Where a parking area will serve two or more uses for which peak parking demand occurs at different times, the parking spaces provided may be counted toward the parking requirement for more than one of those uses provided that the requirements of section 19-279 (b) "Shared Use of Parking" are met.
c. Parallel parking. Where parallel parking is allowed on a street section abutting the property and on the same side of the street as the property, such parallel parking shall count toward meeting the parking requirement for the property.
d. Alleys. As development or redevelopment occurs, alleys shall be created for access to parking on the rear of properties.
e. Off-site parking. Where alternative off-site parking (either public parking or private parking obtained by lease or recorded easement) is provided within 300 feet of the property, the on-site parking requirement shall be reduced, provided that the total of on-site and alternative off-site parking together shall meet the requirement for the proposed use.
(Ch. 453, § XXIII, 7-15-08)