City of Universal City - General Requirements

Building Design
Intent.
In order to ensure an interest in design and provide building articulation to the façade of a building, a variety of building techniques are required. It is the intent of these design criteria to ensure that the front and sides, and in certain instances the rear, of non-residential and multi-family structures have a variety of offsets, relief, and insets to provide a more aesthetic façade appearance.

Applicability.

(1) Applicability. The provisions of this section are deemed to be minimum standards and shall be applicable to the following:

(a) All new buildings within the corporate limits of the City, except public schools and public water and wastewater facilities; and

(b) Building expansions that cumulatively increase the gross floor area more than twenty-five (25) percent of the original building area, except public schools.

Building Design Requirements.

(1) Applicability. This section shall apply to the exterior of buildings with an industrial, commercial, office, public and multi-family use.

(2) Exterior Building Materials. All buildings must comply with the regulations established via the most current International Code, as adopted by the City.

(3) Glazing. All buildings must comply with the regulations established via the most current International Code, as adopted by the City.

(4) Articulation and Architectural Features. All buildings must comply with the regulations established via the most current International Code, as adopted by the City.

(a) Horizontal articulations or offsets are required on any façade that is adjacent to or facing a public/private street, public park or residentially-zoned district in accordance with the following:

a. No building façade shall extend for a distance greater than three (3) times its average height without a perpendicular offset.

b. The depth of the articulation or offset shall be a minimum of fifteen (15) percent of the average building height, not including parapets. Articulations or offsets can be of varying depth as long as the minimum depth is met.

c. The length of the new plane created by the articulation or offset shall be a minimum of ten (10) percent of the total length of the entire facade.

(b) Vertical articulations or elevation changes are required on any façade that is adjacent to or facing a public/private street, public park or residentially-zoned district in accordance with the following:

a. No façade shall extend horizontally for a distance greater than three (3) times its average height without a change in horizontal elevation.

b. The height of the articulation or elevation change shall be a minimum of fifteen (15) percent of the average building height. Articulations or elevation changes can be of varying heights as long as the minimum standard is met and the maximum allowable building height is not exceeded.

c. The length of the new plane created by the articulation or elevation change shall continue to extend laterally for a distance equal to at least ten (10) percent of the total length of the entire facade.

d. Vertical articulations or elevation changes should be designed to screen rooftop equipment. Note parapets shall not be included in calculating the average building height.

(c) For calculation purposes, the façade shall be considered the total distance/width of that side of the building.

(d) Building Height: see Appendix B—Definitions.

Additional Design Requirements.

(1) Building Elements. Any building façade adjacent to or facing a public/private street, public park or residentially-zoned district shall incorporate at least four (4) of the following external building elements:

a. Decorative lighting features.
b. Awnings.
c. Alcoves.
d. Decorative windows.
e. Recessed entries.
f. Ornamental cornices.
g. Pillar posts.
h. Other architectural elements that contribute to the human scale of a building.

(2) Facades. All facades or sides of a building shall be designed with architectural style consistent with the front façade. Rear façade articulation requirements shall be determined by the Director of Development Services or designee.

(3) Roof Types.

(a) Any roof using shingles shall use dimensional shingles (shingles that have a shadow at the top exposure to give added depth and definition.

(b) Red tile roofs are not considered shingles for the purpose of this section.

(4) Roof Treatments.

(a) Façade articulations, including parapets, shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment.

(b) If a sight line drawing is provided with the site plan showing that all roof top equipment will not be visible from the public right-of-way or adjacent property, then a parapet wall or other façade articulation shall not be required. See Diagram 3.

(5) Entryways and Pedestrian Routes.

(a) Single-use or multi-tenant buildings over sixty thousand (60,000) square feet in size must provide clearly defined, highly visible customer entrances that include an outdoor patio area, at least two hundred (200) square feet in area, that incorporates the following:

a. Benches or other seating components.
b. Decorative landscape planters or wing walls that incorporate landscaped areas.
c. Structural or vegetative shading.
d. Clearly defined pedestrian routes between parking areas and buildings.

Construction Requirements
Architectural design standards.

Masonry Construction Required, Nonresidential Districts. New Construction in Nonresidential Use Districts intended for commercial construction shall be one hundred (100) percent masonry on all exterior walls fronting and directly adjacent to a public street; fifty (50) percent masonry on all exterior walls inside the property not fronting or directly adjacent to a public street; and one hundred (100) percent masonry on all exterior rear walls directly adjoining residential property zoned; or fifty (50) percent masonry on all exterior rear walls adjoining commercial property.

Driveways
Width of Driveways. Driveways shall be constructed in accordance with the following table:

Width of Access

Use Classification	Standard	Maximum Access Width^1,2
Single-Family Residential	One-car garage Two-car garage Three-car garage	16 feet 25 feet 32 feet

Two-Family Residential, R2-R4	2, one-car garages 2, two-car garages	25 feet 40 feet

Townhouse (3 stories high or less)	Two-car garage	25 feet
Group Homes		25 feet
4-Plex	4, one-car garages 4, two-car garages	25 feet 40 feet

Commercial (two-way drive) Apartment Complex (two-way drive)	Recommended Minimum Maximum (up to 175' frontage) Maximum (greater than 175' frontage)	30 feet 25 feet 35 feet 52 feet

Commercial (one-way drive) Apartment Complex (one-way drive)	Recommended (Ingress) Recommended (Egress) Minimum Maximum	18 feet 18 feet 16 feet 25 feet

Notes:
¹Residential side entry garages shall have a minimum of twenty (20) feet set back from the property line.
²Circular drives shall be a maximum of two (2) sixteen-foot curb cuts with a minimum of twenty-eight (28) feet between each cut.

Fences
Definitions.
Minor Maintenance. The following shall be considered "Minor" fence maintenance:

(a) Power washing, painting, staining.

(b) Repairing or replacing fewer than seventeen (17) pickets (1—16), lattice, rail runner, trim, post caps, kickboards, gates and gate components, including hinges and handles.

Major Maintenance. The following shall be considered "Major" fence maintenance:

(a) Repairing or replacing more than one (1) post anchored in the ground.

(b) Repairing or replacing seventeen (17) or more pickets.

(c) Repair or maintenance that alters the fence-to-ground clearance allowing for stormwater runoff.

(d) In-kind replacement of an existing fence; that is, the replacement fence will be in the same location as the previous fence and will be the same height, made of the same material, and provide the same fence-to-ground clearance.
Public Viewshed. A public viewshed shall be defined as an area that is visible from one or more public viewing points, such as from a public right-of-way (e.g., roadway, drive aisle, parking lot), alley, pedestrian or multi-purpose path, or a public or private park (e.g., City or HOA-owned and/or -maintained)

The erection of a fence is not mandatory, with the following exceptions in which it is required:

(a) As required to enclose a swimming pool area;

(b) As required to enclose a day care center play area;

(c) As required for any nonresidential property, whether a permitted or conditional use, where it abuts residential property. In such a case, only a privacy fence shall be allowed unless otherwise specified and agreed upon in a Planned Unit Development (PUD) or the Redevelopment District Overlay (RO);

(d) As required for churches, schools, Multifamily Residential (R5), Manufactured Housing (MH1) and Mobile Home Parks (MH2), whether a permitted or conditional use, where it abuts residential property located in R1, R2, R3, R4, and R-OT. In such a case, only a privacy fence shall be allowed unless otherwise specified and agreed upon in a Planned Unit Development (PUD) or the Redevelopment District Overlay (RO);

(e) As required by other applicable sections of this chapter.

Fences that are constructed shall comply with the following regulations:

(a) Fence Location.

1. Fences may be built on or along property lines in all districts. Fences may be installed within a residential district on the property line at a corner lot adjacent to a public street, provided there is no visual impairment of motorists and pedestrians, provided there is a visual triangle clearance of a minimum of thirty (30) feet, and provided there is no interference with utility and/or drainage easements.

2. Fences may be built across other areas of private property, provided that the fence is in no case taller than six (6) feet in total height, except in accordance with Section 4-5-71(2)(c). Fence height shall be measured from natural grade. However, fences located on a retaining wall (not a decorative wall) shall be reviewed by the Zoning Administrator with regard to height determination. Fence lines shall be securely joined and/or affixed to abutting or intersecting fence lines. At no time shall fences be constructed so as to provide a gap or spacing between abutting, adjacent or perpendicular fence lines; that is, no back-to-back fences are allowed.

3. Fences cannot cross onto any public or private property and may not block access to any fire hydrant or utility meter.

(b) Maintenance.

1. The owner or person in control of any property adjacent to any intersection where a traffic control device is erected shall not permit any vegetation, fences or other structures to obstruct any such intersection.

2. Any vegetation, fence or other structure in excess of twenty-four (24) inches above the roadway within the visibility triangle is hereby declared to be a public nuisance and a traffic hazard. In the event the developer, owner, tenant, lessee or agent fails to remove or remedy the condition within ten (10) days after notice has been served by the Code Enforcement Officer or other duly appointed officer of the city, the city may do as necessary to remove or remedy the condition or cause same to be done, may issue a citation for violation of said offense and may charge the expense incurred in removing the violation to the developer, owner, agent or lessee of the subject lot or parcel.

3. The owner or person in control of the property must maintain the integrity of the fence and the space between the fence and property line.

(c) Fence Height.

1. Fences constructed in the front yard must be three (3) feet or shorter and decorative/ornamental; however, fences in the front yard may be increased by one (1) foot if the fence is at least fifty percent (50%) transparent and decorative/ornamental.

2. Fences in all other yards shall not exceed six (6) feet in total height, except as provided for in Section 4-5-71(2)(c)3 and Section 4-5- 71(2)(c)4. Fence height shall be measured from natural grade. Fence lines shall be securely joined and/or affixed to abutting or intersecting fence lines. At no time shall fences be constructed so as to provide a gap or spacing between abutting, adjacent or perpendicular fence lines; that is, no back-to-back fences are allowed.

3. Fences in the C4-General Commercial and C5-Highway Commercial Districts shall not exceed eight (8) feet in total height with fence posts not to exceed nine (9) feet in total height.

4. Fences in residential districts abutting a commercial district or multi- family residential district with more than eight (8) attached dwelling units shall be allowed to be installed on the property line abutting the commercial or multi-family residential district at a height not to exceed eight (8) feet. This shall also apply when an alley is situated between the residential property and commercial or multi-family property.

(d) Building Materials.

1. Fences must be built of wood, metal, chain link, bricks, or masonry.

2. Only two (2) or less materials may be used to construct a fence.

3. Wood fences should be rot resistant.

4. The use of barbed wire, electrically charged wire, chain link with slats, razor wire or other sharp-edged surfaces on fences within residential zoning districts is hereby prohibited. The above items located on fences in commercial districts shall not be included the total height measurement.

5. The finished side of a fence shall face away from the lot on which it is located. However, when two adjacent properties share a fence, then the finished side shall be oriented as determined by the two property owners. The finished side of a fence shall mean the smooth side, not the side exposing the fence posts and rails. This provision shall not be required when a fence backs up to an alley, utility right-of-way, easement or drainage area that is not within the public viewshed.

6. All fence posts and rails shall be placed on the inside of the fence.

(e) Electrified Fences.

1. Electrified fences may be used in residentially-zoned neighborhoods to control small animals, such as dogs and cats.

2. Only those commercially sold electrical control devices that state for use to control dogs and/or cats may be installed. If the property has a residential fence, then installation of the electrified fence shall be as a secondary fence within a residential fence on the property. The electrical conductor shall be mounted on individual stakes at least twenty-four (24) inches inside the main residential fence on the property.

3. An electrified fence shall be located on the residential property only and shall not be located in the right-of-way, including the area between the sidewalk and street curb. An electrified fence located in an easement shall be allowed but at the property owner's risk; that is, should the City or easement holder perform work in the easement that damages the electrified fence, then the property owner shall be responsible for the cost to repair or replace the electrified fence.

4. A permit to install the electrified fence is not required.

Lot Design Regulations
Purpose.
The purpose of this article is to describe lot development standards for both residential and nonresidential lots. This section contains standards on lot size, minimum setback requirements, and maximum building heights in order to provide for a variety of housing and land development patterns and to meet the diverse needs of the current and future residents of Universal City, all in a manner consistent with the goals and objectives set forth in the Future Land Use Plan. This article also contains standards on maximum impervious cover, both for entire subdivisions as they are developed and for individual lots as they are built upon. The impervious cover standards are essential in order to manage or avoid the adverse effects of excessive quantity and degraded quality of urban storm water runoff, increased erosion of downstream channels and waterways, reduced interception and absorption of rainfall and runoff by the soil and vegetative cover, increased reradiating of excessive heat from large pavement surfaces, and other related problems that can arise as a result of intensive urban development.

Density, impervious cover and maximum lot coverage standards.

Table 2 identifies the standards for lots within each zoning district that have been identified in Sections 4-5-41, 4-5-42, and 4-5-43.

(1) Maximum Development Density. Each residential Zoning District provides a maximum number of dwelling units per acre that can be placed on a tract. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage) will be less than the amount based simply on the maximum development density.

(2) Maximum Impervious Cover. Each Zoning District has a maximum impervious cover that limits the intensity of development over the entire tract or proposed subdivision. The formula for computing Maximum Impervious Cover is a two-step process, as follows:

a. The Net Site Area is Computed. The Net Site Area is calculated by summing those portions of the tract or subdivision that are readily developable-land outside of floodplain areas and having a flat or moderately sloping surface. It is defined as follows:

1. One hundred (100) percent of land with a gradient of fifteen (15) percent or less and located outside of the 100-year floodplain; and

2. Fifty (50) percent of the land with a slope of more than fifteen (15) percent and not more than twenty-five (25) percent and located outside the 100-year floodplain; and

3. All land with a slope of more than twenty-five (25) percent and located outside the 100-year floodplain.
In other words:

Net Site Area = Gross Site Area - (100-year floodplains +100% at 25% slope or greater outside of floodplain +50% of land area with 15%-25% slopes outside of floodplain) + dedicated floodplain.

b. The Maximum Impervious Cover is Applied to the Net Site Area. The maximum impervious cover, measured in percent, is multiplied by the Net Site Area to calculate the Total Allowable Impervious Cover for the entire tract or proposed subdivision.
In other words:

Maximum Impervious Cover (%) X Net Site Area (sq. ft.) = Total Allowable Impervious Cover (sq. ft.)

Impervious cover includes the infrastructure for the development (streets, sidewalks, parking areas, walkways, etc.) plus specific improvements on each lot (buildings, driveways, patios, accessory buildings). Retaining walls and condenser unit pads are excluded from this calculation.

(3) Maximum Lot Coverage. Each buildable residential lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks, accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls, not the eaves of the roof.

(4) Lot Dimension Standards.

a. Minimum Lot Area. Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification.

b. Minimum Lot Width. The Minimum Lot Width is the minimum width of a lot (in feet), measured parallel to and along the front property line.

c. Setback Measurements. Side yard setbacks are measured from the side lot line with no vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines, respectively.

d. Width to Depth Ratio. The average depth of any lot shall not exceed four (4) times the average width of the lot.

Minimum Requirements
The provisions of this chapter shall be interpreted and applied as the minimum requirements for the promotion of public health, safety, and general welfare.

Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the City Council will apply.

The issuance of any permit, certificate or approval in accordance with the standards and requirements of this chapter shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, special district, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.

Nonconforming Buildings and Uses
(1) Regulations. The lawful use of any building, structure, tenant space (as separated by fire partitions) or land existing on the effective date of this ordinance [chapter] (January 22, 2007) may be continued, although such use does not conform with the provisions of this ordinance; provided, however, the right to continue such nonconforming use shall be subject to all of the following regulations:

(a) Normal repairs and maintenance may be made to a nonconforming building or structure; provided that no expansions shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms. A nonconforming use may be enlarged or changed by horizontal expansion upon, but not beyond, the tract or lot of record upon which it is located as of the date such a use becomes nonconforming; and any enlargement or expansion shall not encroach upon any open space upon such lot that would be required as a yard if the use were a conforming use in the district in which it is located.

(b) A nonconforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.

(c) A vacant, nonconforming building or structure lawfully constructed before the date of enactment of this ordinance may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one hundred twenty (120) days after the effective date of this ordinance [chapter]. The use of a nonconforming building or structure lawfully constructed before the date of enactment of this ordinance [chapter], which becomes vacant after the effective date of this article, may be reoccupied for the use for which the building or structure was designed or intended, if so occupied within a period of one hundred twenty (120) days after the building or structure becomes vacant. All such buildings, after one hundred twenty (120) days of vacancy, shall be converted to a conforming use. Vacant shall mean the absence of characteristic furnishings, equipment, and personnel. The status of utility connections and accounts may be used in determining vacancy.

(d) A nonconforming building or structure which is damaged or destroyed, whether partially or fully, by fire, flood, wind, explosion, earthquake, or other calamity or act of God may be restored to its nonconforming use provided that a building permit is acquired within a period of two (2) years from the date of the fire, flood, wind, explosion, earthquake, or other calamity or act of God. The Board of Adjustments may grant a variance to extend the said two-year period provided that the request is made not later than sixty (60) days prior to the date it elapses.

(2) Change or Expansion Prohibited. The nonconforming use of a building or structure may be continued as hereinafter provided:

(a) The nonconforming use of a building or structure may not be changed to a use which does not conform to the requirements of the district in which it is situated.

(b) A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building or structure or portion thereof shall conform to the regulations of the district in which such building or structure is located.

(3) Continuation of Existing Uses. The nonconforming use of land existing at the time of the effective date of this article may continue as hereinafter provided:

(a) A nonconforming use of land shall not be expanded, extended or changed to some other use not in compliance with the regulations of the district in which the land is situated.

(b) If a nonconforming use of land or any portion thereof, is voluntarily discontinued for a period of one hundred twenty (120) days any future use of such land or portion thereof, shall be in conformity with the regulations of the district in which such land or portion thereof is located.

(4) Abandonment. Except for subsection (1)(d) of this section the nonconforming use of a building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:

(a) The intent of the owner to discontinue the use is apparent; or

(b) The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one hundred twenty (120) days; or

(c) A nonconforming building, structure or land which is or hereafter becomes vacant and remains unoccupied for a period of one hundred twenty (120) days; or

(d) A nonconforming use has been replaced by a conforming use.

(5) Change in District Boundaries. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one (1) district to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changed in the regulations or restrictions of this chapter, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may become nonconforming.

Off-Street Parking and Loading
General.

Applicability.

New Development. The off-street parking and loading standards of this section apply to any new building constructed and to any new use established.

Expansions and Alterations. The off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (preexisting + expansion) shall equal at least one hundred (100) percent of the minimum requirement established in the Off-Street Parking Requirements table, in Section 1.2.1.

No Reduction Below Requirement. Existing parking and loading spaces may not be reduced below the requirements established in this section. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this chapter unless parking and loading spaces are provided in accordance with the provisions of this section.

Off-Street Parking Requirements.

Off-Street Parking Requirements Table. Table A.1 lists minimum off-street parking requirements by use. In instances in which the listed use differs from the uses of Table 1 of the Zoning Ordinance, the Zoning Administrator shall determine the appropriate classification for this table.

Off-Street Parking Requirements Exceptions. Single-family residences shall be permitted to convert their garage space or spaces into living space as long as: (i) a valid building permit is issued by the City for the garage conversion; (ii) a permitted residential carport, in accordance with section 3—Carports of this appendix, is installed on the driveway and is either adjacent to or attached to the existing house structure after issuance of a building permit for said carport; and (iii) the installed carport does not encroach the right-of-way (i.e. sidewalk or City parkway) - note the Development Services Director or designee has the right to review and deny the installation of a carport that would create a visibility issue yet still allow the garage conversion.

Property owners of single-family homes that have an existing converted garage as of the date of this ordinance are exempted from the requirement of obtaining a retro building permit and installing a carport; however, the same property owners are not precluded from installing a permitted residential carport.

Unless otherwise permitted by this section, conformance to the Accessory Structure Standards, per Sections 4-5-62 and 4-5-63 (i.e. height, setback and maximum lot cover requirements) apply to this Section.

Parking of a current registered motor vehicle, recreational vehicle, boat (watercraft) and/or utility trailer, per the City's Code of Ordinances, underneath a permitted carport is allowed; however, areas underneath a carport shall not be used as outside storage of personal household items, which shall mean any item other than a two, three or four-wheeled motor vehicle or self-propelled item, such as a bicycle or tricycle, or an approved garbage receptacle.

Rules for Computing Requirements. The following rules apply when computing off-street parking and loading requirements.

Multiple Uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses.

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of one-half (½) or less will be rounded down to the next lower whole number and any fraction of more than one-half (½) will be rounded up to the next higher whole number.

Area Measurements. Unless otherwise expressly stated, all square-footage-based parking and loading standards shall be computed on the basis of gross floor area, which for purposes of computing off-street parking requirements, shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings and shall include the following areas:

A. The area of each floor of the structure.
B. All attic space used for active commercial space.

Occupancy-Based Standards. For the purpose of computing parking requirements based on employees, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

Unlisted Uses. Upon receiving a development application for a use not specifically listed in the Off-Street Parking Requirements Table, the Zoning Administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with an Alternative Parking Plan, as described in Section 1.3.

Location of Required Parking. Except where an alternative parking plan has been approved by the Zoning Administrator, all required off-street parking spaces shall be located on the same lot as the principal use.

Parking Space and Parking Lot Design.

Parking Space Dimensions. Required off-street parking spaces shall have minimum dimensions of nine (9) feet in width by eighteen (18) feet in length.

Aisle Widths. Drive aisle widths adjoining off-street parking spaces shall comply with the following standards:

Table A.2: Minimum Width for Specified Parking (in feet)

90°	75°	60°	45° or less
26	23	16	12.5

Note: Two-way aisles shall always require a minimum width of twenty-six (26) feet.

Markings.

A. Each required off-street parking space and off-street parking area shall be identified by surface markings at least four (4) inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles.

B. One-way and two-way accesses into required parking facilities shall be identified by directional arrows.

Surfacing and Maintenance. All off-street parking areas, drive aisles, internal roadways, and loading areas for all uses shall be paved and kept in a dust-free condition at all times.

Access and Circulation.

A. Required parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.

B. Site Plans for retail developments greater than a cumulative fifty thousand (50,000) gross square feet shall designate a primary vehicle circulation route entering and exiting the development.

i. Landscape median islands or end islands shall be immediately adjacent to the primary vehicle circulation route for the entire length of the route (excluding pedestrian access and the face of primary buildings).

ii. So as not to cause overflow stacking onto rights-of-way and primary circulation routes, parking is not permitted along primary vehicle circulation routes. So as not to cause internal circulation conflicts, parking is not permitted adjacent to the entire elevation of a building which includes the primary pedestrian access.

Use of Required Parking Spaces.

A. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles, boats, motor homes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent.

B. Recreational vehicles shall not be stored on any lot or street other than a residential lot of the owner or a site specifically designed and approved by the Zoning Administrator to accommodate them.

Vehicle Stacking Areas.

Minimum Number of Stacking Spaces. Off-street stacking spaces shall be provided as indicated in Table A.3.

Design and Layout. Required stacking spaces are subject to the following design and layout standards.

A. Size. Stacking spaces shall be a minimum of ten (10) feet by twenty (20) feet in size.

B. Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

Parking and Storage of Large Vehicles and Equipment. Outdoor storage or overnight outdoor parking of tractor-trailers, semi-trucks, semi-trailers, or other similar vehicles, shall not be permitted in any residential district or in the C-1, C-2, C-3 or C-5 zoning districts, but shall be allowed in the C-4 General Commercial District. This prohibition shall not apply to pick-up trucks, or personal recreational equipment. Construction equipment shall not be stored on lots in residential or commercial districts except during the period of permitted construction.

Off-Street Loading.

No Use of Public Right-of-Way. At no time shall goods be loaded or unloaded from the right-of-way of a collector or arterial street. No part of any vehicle shall be allowed to extend into the right-of-way of a collector or arterial street while being loaded or unloaded.

Site Plan Required. Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on need and in accordance with standard engineering requirements as determined by the Zoning Administrator.

Outdoor Residential Lighting
General.

(1) No outdoor residential lighting shall unreasonably glare into, or upon, the surrounding area or any residential premises.

(2) No outdoor residential lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets.

(3) All outdoor residential lighting shall be installed in conformance with the provisions of this article, applicable electrical codes, energy codes, and building codes.

(4) All outdoor residential light fixtures located under canopies, under building overhangs, or under roof eaves must conform to all provisions of this article.

(5) All outdoor residential lighting installed on residential properties that is affixed to a construction project for which a building permit is required under this code shall conform to the standards established by this article.

(6) All existing outdoor residential lighting that does not reasonably conform to the standards specified and imposed by this article shall be replaced or modified to reasonably conform to the standards specified and imposed by this article.

(7) Prohibited Lighting.

(a) Any light not designated for roadway illumination that produces direct or reflected glare that disturbs the operator of a motor vehicle.

(b) Any light that may be construed as a traffic control device, except as authorized by state, federal or local government.

(c) Lighting that impedes the safe take-off and landing of aircraft.

Shielding.

(1) All outdoor residential lighting shall be shielded to generate downlighting so that the luminous elements of the fixture are not unreasonably visible from any other property. Note that mounting height or proximity to property lines may cause the luminous elements of a light fixture to need additional shielding.

(2) Outdoor residential uplighting used in landscaping and tree illumination shall not unreasonably glare into, or upon, the surrounding area or any residential premises. All other outdoor residential uplighting is prohibited, except in cases where the fixture is shielded by a roof overhang or similar structural shield.

Residential flagpoles and light poles.

(1) Flagpoles. Lighting of only one (1) flagpole per property is permitted with the following restrictions:

(a) Flagpoles illuminated from below are limited to a height of thirty (30) feet above ground level. They are to be illuminated with a single spot type fixture mounted so that the lens is perpendicular to the flagpole.

(b) Flagpoles illuminated from above may utilize a light fixture attached to the top of the flagpole or a fixture mounted above the top of the flagpole on a structure within fifteen (15) feet of the flagpole (i.e. house roof overhang) and must comply with Section 4-5-101(1).

(2) Light Poles. Lighting shall be directed so that it does not produce unreasonable glare upon adjacent properties.

Exemptions.

The following lighting instances are exempt from this article:

(1) Holiday lights are exempt from the requirements of this article.
(2) Lighting required by law to be installed on motor vehicles.
(3) Lighting needed during activities of law enforcement, fire and other emergency services.
(4) Lighting required for the safe operation of aircraft.
(5) Temporary lighting required to save life or property from imminent peril provided the lights are positioned so they do not shine in the eyes of passing drivers.

Penalty.
Whoever violates any provision of this Chapter shall be subject to penalty as provided in Section 1-1-6 of this Code.

Planned Unit Development
Purpose. Planned Unit Developments (PUD) are included in this zoning ordinance as a distinct zoning district. The PUD zoning process is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are to be developed in accordance with a common development scheme of planned associations of uses. PUD zoning is designed to accommodate various types of development, such as single-family residential, multiple housing development, neighborhood and community shopping centers, professional and administrative areas, industrial and business parks, and other uses or a combination or mix of uses. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning or subdivision standards in this chapter or to permit development projects that existing zoning districts do not easily accommodate. Through the flexibility of the PUD technique, the City seeks to achieve the following specific objectives:

A. Encourage flexibility in the development of land and in the design of structures.

B. Encourage planned diversification in the location of structures.

C. Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Chapter.

D. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

E. Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of other chapters of this title.

F. Encourage the construction of appropriate amenities and aesthetic appeal that will enhance the character of the site.

G. Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

H. Facilitate the implementation of the City land use policies, particularly with respect to areas designated for potential development and redevelopment.

I. Encourage quality construction and design through an efficient application procedure that is sensitive to the need for expeditious development review.

Initiation. An application for a PUD may be filed by the owner of record, or any person(s) having a contractual interest in the property for which the PUD is proposed. However, all owners of record of such property must execute the application.

Authorization. A PUD may be authorized and established as a free-standing PUD District. A PUD shall be granted in accordance with the procedures and standards of this chapter, and the zoning map amendment provisions of Section 4-5-24 (Zoning map amendment process).

General Standards for Planned Unit Developments.

A. The entire property proposed for the PUD shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners of all tracts.

B. The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which the PUD may be established pursuant to this section.

C. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the PUD shall stipulate that they may not be modified, removed or released without the express consent of the City Council and that they must be enforced by future landowners within the proposed development.

D. The applicant may be required to submit a proposed Development Agreement as part of the PUD application. As part of the PUD approval, the City must approve the Development Agreement.

E. Any area of a PUD not used for structures, streets, or parking lots, shall be landscaped. The perimeter of the PUD shall be designed to ensure compatibility with uses surrounding the PUD by including uses within the PUD that are compatible with such surrounding uses, including setbacks, screening, or natural or man-made buffers within such perimeter.

F. Private streets are prohibited unless expressly approved by the City Council. If so approved, they shall meet all City construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in this section.

G. Whenever the City Council determines that development of a PUD will create a need for land for public purposes of the City within the proposed PUD, the City Council may require that such land be designated and dedicated to the City for such use. In addition, the City Council may require evidence that all requirements of City ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met with respect to the proposed PUD.

H. Thirty (30) percent of the area of a residential-only PUD is required to be set aside and maintained as common open space. This thirty (30) percent shall be calculated based on the net area of the site, which is the total area of a site available for development, excluding street rights-of-way, floodplains, and other publicly dedicated improvements. The location of common open space shall be consistent with its intended function as set forth in the application and PUD plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure or recreational uses for which such open space is intended.

1. The following uses shall be considered common open space:

a. Parks and playgrounds, including skate parks and dog parks.

b. Indoor or outdoor active recreation facilities, including basketball courts, ball fields, swimming pools and tennis courts.

c. Jogging trails, bike trails and fitness courses.

d. Nature preserves, bird sanctuaries, natural water features and similar conservation areas.

e. Detention/retention ponds may be counted toward common open space but must be accessible to the public via nature trails, boardwalks, and/or perimeter walkways, and they must be designed as natural water features and landscaped with native vegetation. Detention/retention ponds may only count toward twelve (12) percent of the common open space area requirement.

2. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The safeguards must be perpetual and must run with the land. Such safeguards may be released, but only with the express written consent of the City Council, which shall occur at a public meeting.

3. The final plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards.

4. When the requirements of this section are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

a. The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be included as part of the final plan prior to the final plan becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this chapter.

b. The association must be established and all covenants and restrictions must be recorded prior to the sale or lease of any property within the area of the PUD designated to have the use of the proposed open space or improvements.

c. The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

d. Membership in the association must be mandatory for each property owner and any successive owner having a right to the use or enjoyment of such open space or improvements.

e. Every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with state statutes.

f. The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than two-thirds of the members voting on the issue.

g. PUDs shall not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

h. The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant shall be responsible for the cost and installation of additional traffic controls and regulating devices that are required.

i. The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

j. All PUDs shall provide for underground installation of utilities, including electricity, cable and telephone. Provisions shall be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements shall be in accordance with the requirements of this title and other regulations of the City.

Signs
See Chapter 4-4 for detailed information about signs.

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