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Legislation #: 180216 Introduction Date: 3/22/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending a Special Character Overlay District called the Independence Corridor Overlay (ICO) for the Independence Corridor by modifying the signage provisions. (14492-P-2)

Legislation History
DateMinutesDescription
3/22/2018 Filed by the Clerk's office
3/22/2018 Referred to Planning, Zoning & Economic Development Committee
3/28/2018 Hold On Agenda (4/4/2018)
4/4/2018 Do Pass as a Committee Substitute
4/5/2018 Assigned Third Read Calendar as Substituted
4/12/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180216.pdf Authenticated 885K Authenticated
180216 Ordinance.pdf Other 344K Ordinance
1802156 Exhibit A.pdf Other 1046K Map
180216 C014492P2_Staff Report_02-06-18.pdf Other 175K Staff Report
180216 _FactSheet.pdf Fact Sheet 247K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180216

 

Amending a Special Character Overlay District called the Independence Corridor Overlay (ICO) for the Independence Corridor by modifying the signage provisions. (14492-P-2)

 

WHEREAS, the City created the Independence Corridor Overlay with the passage of Committee Substitute for Ordinance No. 160513; and

 

WHEREAS, the City now wishes to amend the Independence Corridor Overlay by modifying the signage provisions, and is now creating an amended Independence Corridor Overlay by passage of this ordinance; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A1142, by amending a Special Character Overlay District called the Independence Corridor Overlay (ICO) for an area of approximately 156 acres generally located on both sides of Independence Boulevard between Forest on the west and Ewing to the east, said section to read as follows:

 

Section 88-20A1142. That an area legally described as:

 

Independence Boulevard/Avenue bounded by Forest on the west and Ewing to the east and one half block north and south of Independence including complete existing parcel depth; Paseo generally bounded by Independence Avenue on the north and E 8th Street to the south and one half block east and west of Paseo including complete existing parcel depth; and Prospect generally bounded by Independence Avenue on the north and E 8th Street to the south and one half block east and west of Prospect including complete existing parcel depth.

 

is hereby rezoned by amending the Independence corridor Overlay (ICO), all as shown outlined on a map marked Section 88-20A1142, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and in accordance with Section 88-20 thereof.

 

Section B. That the regulations applicable to property within the Independence Corridor Overlay District are as follows:

 


INDEPENDENCE CORRIDOR OVERLAY DISTRICT (ICO)

 

  1. Introduction

 

    1. Purpose

This overlay aims to promote design excellence and walkability for all parcels on the Independence Corridor from Forest Avenue on the west to Ewing Avenue on the east, and all parcels two blocks south of Independence Boulevard on Paseo Boulevard, and two blocks south of Independence Boulevard on Prospect Avenue, see Map.

 

    1. Applicability

                                                        i.      The standards of this article apply to all development in the Independence Overlay District. This document establishes the development standards that vary from the underlying base zoning for the properties in the Independence Overlay District. All provisions described below as regulatory in nature have the same force and effect as, but are variations from, the standards set forth in Chapter 88 - Zoning and Development Code.

 

                                                      ii.      If provisions of this overlay district are inconsistent with Chapter 88, the provisions of this overlay district shall apply.

 

                                                    iii.      If provisions of this overlay district are inconsistent with a Historic Overlay District then the provisions of the Historic Overlay District shall apply.

 

                                                    iv.      MPD and UR districts are exempt from the standards of this document. However, standards in this document shall be used to guide the development of standards for MPD and UR districts.

 

                                                      v.      Other than as set forth below, the underlying zoning and the regulations and standards included in the Zoning and Development Code, Chapter 88, prescribed for the areas rezoned to this overlay district shall remain unchanged and shall continue to apply. 

 

1.      New Development

Full compliance with this article applies to all new buildings constructed within this district.

 

2.      Enlargements and Expansions

Full compliance with this article applies only to the enlargement or expansion area.

 

3.      Façade Changes

Compliance with this article applies to façade changes to existing buildings.

 

4.      Change of Use or Occupancy

Compliance with use standards apply whenever the use or occupancy of a property changes.

 

5.      Signage

Compliance with signage standards apply when a sign permit is required.

 

                                                    vi.      The standards of this article apply to Areas A, B, and C (see Attachment A) as noted in each standards heading.

 

    1. Definitions

 

                                                        i.      Front. The portion of the parcel that is adjacent to or abuts Independence, Paseo, Prospect Ave, and parkways and boulevards.

 

                                                      ii.      Independence. Independence refers to the street right-of-way regardless as to “avenue” or “boulevard” designation.

 

                                                    iii.      Map – See Attachment A.

 

                                                    iv.      Parkway and/or boulevard. Any street designated on the Major Street Plan as a parkway, established parkway, boulevard, or established boulevard.

 

2.                  Uses

 

Independence Use Table

 

U S E G R O U P

 

Use Category

specific use type

R-2.5

R-1.5

B1

B2

B3

B4

M1

Use-Specific

Standards

R E S I D E N T I A L

 

 

 

 

 

 

 

 

Household Living (except as noted below)

P

P

P

P

P

P

P

88-110-06-C

Single family home

-

-

-

-

-

-

-

 

In single-purpose residential building

P

P

P

P

P

P

P

88-350

Above ground floor (in mixed-use

building)

S

S

P

P

P

P

P

88-350

Group Living (except as noted below)

-

-

-

-

-

-

-

88-350

Group homes

-

-

-

-

-

-

-

88-350

Nursing home

S

S

S

S

S

S

S

88-350

Fraternity, sorority, dormitory

S

S

S

S

S

S

S

 

Convent, Monastery

S

S

S

S

S

S

S

 

P U B L I C / C I V I C

 

 

 

 

 

 

 

 

Bicycle-Sharing Facility

P

P

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

-

P

P

P

P

P

P

88-365

College/University

P/S

P/S

P

P

P

P

P

88-365

Day Care

 

 

 

 

 

 

 

 

Home-based (1–5)

P

P

P

P

P

P

P

 

Family (up to 10)

P

P

P

P

P

P

P

88-330-01

Group(up to 20)

S

P

P

P

P

P

P

88-330-02

Center (21+)

S

S

P

P

P

P

P

88-330-02

Detention and Correctional Facilities

-

-

-

-

-

-

-

88-335

Halfway House

-

-

-

-

-

-

-

88-352

Hospital

S

S

P

P

P

P

P

 

Library/Museum/Cultural Exhibit

P/S

P/S

P

P

P

P

P

88-365

Park/Recreation (except as noted below)

P/S

P/S

P

P

P

P

P

88-365

Community center

P/S

P/S

P

P

P

P

P

88-365

Homes Association Amenities

S

S

S

S

S

S

S

88-805-03-H.

Religious Assembly

P/S

P/S

P

P

P

P

P

88-365

Safety Service (except as noted below)

 

 

 

 

 

 

 

 

Fire station

S

S

P

P

P

P

P

88-365

Police station

P

P

P

P

P

P

P

88-365

Ambulance service

S

S

S

S

P

P

P

88-365

School

P/S

P/S

P

P

P

P

P

88-365

Utilities and Services (except as noted below)

S

S

S[1]

S[1]

S[1]

S[1]

S[1]

88-425-08-B

Basic, minor

P

P

P

P

P

P

P

88-425-08-B

C O M M E R C I A L

 

 

 

 

 

 

 

 

Adult Business

 

 

 

 

 

 

 

 

Adult media store

-

-

-

-

-

-

-

88-310-03

Adult motion picture theater

-

-

-

-

-

-

-

88-310-02

Sex shop

-

-

-

-

-

-

-

88-310-02

Animal Service

 

 

 

 

 

 

 

 

Sales and grooming

-

-

P

P

P

P

P

88-315

Shelter or boarding

-

-

-

P

P

P

P

88-315

Stable

-

-

-

-

-

-

-

88-315

Veterinary Office

-

-

-

P

P

P

P

88-315

Artist Work or Sales Space

-

-

P

P

P

P

P

 

Building Maintenance Service

-

-

-

-

P

P

P

 

Business Equipment Sales and Service

-

-

-

P

P

P

P

 

Business Support Service (except as noted below)

-

-

-

P

P

P

P

 

Day labor employment agency

-

-

-

-

-

-

-

 

Communications Service Establishments

-

-

-

P

P

P

P

 

Drive-Through Facility

-

-

-

S

S

S

S

88-340

Eating and Drinking Establishments

(except as noted below)

-

-

P

P

P

P

P

 

Tavern or nightclub

-

-

-

S

S

S

S

 

Smoking Lounge

-

-

-

S

S

S

S

 

Entertainment and Spectator Sports

 

 

 

 

 

 

 

 

Indoor small venue (1–149 capacity)

-

-

S

P

P

P

P

 

Indoor medium venue (150–499

capacity)

-

-

S

S

S

S

S

 

Indoor large venue (500+ capacity)

-

-

-

S

S

S

S

 

Outdoor (all sizes)

-

-

S

S

S

S

S

 

Financial Services (except as noted below)

-

-

P

P

P

P

P

 

Short-term loan establishment

-

-

-

-

-

-

-

 

Pawn shop

-

-

-

-

-

-

-

 

Food and Beverage Retail Sales

-

-

S

S

S

S

S

 

Funeral and Interment Service

 

 

 

 

 

 

 

 

Cemetery/mausoleum

-

-

-

-

-

-

-

88-345

Columbarium

S

S

S

S

S

S

S

 

Crematory

-

-

S

P

P

P

P

88-345

Undertaking

-

-

S

P

P

P

P

 

Gasoline and Fuel Sales

-

-

-

-

-

-

-

 

Lodging

 

 

 

 

 

 

 

 

Bed and breakfast

S

S

P

P

P

P

P

88-320

Hotel/motel

-

-

S

S

S

S

S

 

Recreational vehicle park

-

-

-

-

-

-

-

 

Neighborhood-serving retail

S

S

-

-

-

-

-

88-360

Office, Administrative, Professional or General

-

S

P

P

P

P

P

 

Office, Medical (except as noted below)

-

-

P

P

P

P

P

 

Blood/plasma center

-

-

-

-

-

-

-

 

Parking, Accessory

P

P

P

P

P

P

P

 

Parking, Non-accessory

S[1]

S[1]

S[1]

S[1]

S[1]

S[1]

S[1]

 

Personal Improvement Service

-

-

P

P

P

P

P

 

Repair or Laundry Service, Consumer

-

-

P

P

P

P

P

 

Research Service

-

-

P

P

P

P

P

 

Retail Sales

-

-

P

P

P

P

P

 

Reuse of designated historic landmark (local or national) if use is not permitted

S

S

S

S

S

S

S

 

Sports and Recreation, Participant

 

 

 

 

 

 

 

 

Indoor

-

-

P

P

P

P

P

 

Outdoor

-

-

S

S

S

S

S

 

Vehicle Sales and Service

 

 

 

 

 

 

 

 

Car wash/cleaning service

-

-

-

-

-

-

-

 

Heavy equipment sales/rental

-

-

-

-

-

-

-

 

Light equipment sales/rental (indoor)

-

-

-

-

S

S

P[2]

 

Light equipment sales/rental (outdoor)

-

-

-

-

-

-

-

 

Motor vehicle repair, limited

-

-

-

-

S

S

S

 

Motor vehicle repair, general

-

-

-

-

S

S

S

 

Vehicle storage/towing

-

-

-

-

-

-

-

 

I N D U S T R I A L

 

 

 

 

 

 

 

 

Junk/Salvage Yard

-

-

-

-

-

-

-

88-425-09

Manufacturing, Production and Industrial Service

 

 

 

 

 

 

 

 

Artisan

-

-

S

P

P

P

P

 

>>Artisanal food and beverage

manufacturing

-

-

S

P

P

P

P

 

>>Catering establishment

-

-

S

P

P

P

P

 

Limited

-

-

-

-

-

S

S

 

General

-

-

-

-

-

-

-

 

Intensive

-

-

-

-

-

-

-

 

Mining and Quarrying

-

-

-

-

-

-

-

88-355

Outdoor Display

 

 

 

 

 

 

 

 

Class A

-

-

P

P

P

P

P

88-435-02

Class B

-

-

-

-

-

-

-

88-435-02

Outdoor Storage

 

 

 

 

 

 

 

 

Principal

-

-

-

-

-

-

-

88-435-03

Accessory

-

-

-

-

-

S[1]

S[1]

88-435-03

Recycling Service

 

 

 

 

 

 

 

 

Limited

-

-

-

-

-

-

S[1]

 

General

-

-

-

-

-

-

-

 

Residential Storage Warehouse

-

-

-

-

-

-

-

 

Warehousing, Wholesaling, Freight Movement

 

 

 

 

 

 

 

 

Indoor

-

-

-

-

-

-

S

 

Outdoor

-

-

-

-

-

-

 

 

Waste-Related Use

 

 

 

 

 

 

 

 

Composting Facility

-

-

-

-

-

-

-

88-328

Demolition debris landfill

-

-

-

-

-

-

-

88-380

Solid waste separation facility

-

-

-

-

-

-

-

88-380

Transfer station

-

-

-

-

-

-

-

88-380

A G R I C U L T U R E

 

 

 

 

 

 

 

 

Agriculture, Animal

-

-

-

-

-

-

-

 

Agriculture, Crop

-

-

-

-

-

-

-

88-312

Agriculture, Urban

 

 

 

 

 

 

 

 

Home garden

P

P

P

P

P

P

P

88-312-02-A

Community garden

P

P

P

P

P

P

P

88-312-02-B

Community-supported agriculture

(CSA) farm

P

P

P

P

P

P

P

88-312-02-C

A C C E S S O R Y S E R V I C E S

 

 

 

 

 

 

 

 

Wireless Communication Facility

 

 

 

 

 

 

 

 

Freestanding

-

-

-

-

-

-

-

88-385

Co-located antenna

P

P

P

P

P

P

P

88-385

 

  1. Lot and Building Standards

 

Applicable areas: Area A, Area B. Area C shall comply with the Lot and Building Standards of Chapter 88.

 

    1. Non-Residential Lot and Building Standards

 

Non-Residential Lot and Building Standards

Lot Size

Refer to underlying zoning district

Floor Area Ratio

Refer to underlying zoning district

Max. Front Yard Setback

0 ft.

Minimum Frontage

Area A: 80 percent of total lot frontage

Area B: 60 percent of total lot frontage

 

Max. Street-side Setback

0 ft.

Abutting a Parkway

20 ft.

Min. Rear Yard Setback

0 ft.

Abutting residential district

Refer to underlying zoning district

Abutting an alley (any zoning district)

0 ft.

Maximum Height

45 ft.

 

    1. Residential Lot and Building Standards

 

                                                              i.      Attached Houses, Two-unit Houses, Multi-unit houses, and Multi-unit Buildings are allowed Residential Building Types. Detached Single Family Homes are not allowed.

 

Residential Buildings Lot and Building Standards

Lot Size

Refer to underlying zoning district

Floor Area Ratio

Refer to underlying zoning district

Max. Front Yard Setback

15 ft.

Minimum Frontage

Area A: 80 percent of total lot frontage

Area B: 60 percent of total lot frontage

 

Max. Street-side Setback

15 ft.

Min. Rear Yard Setback

0 ft.

Minimum Height

2 stories

Maximum Height

45 ft.

 

c.       Exceptions to Lot & Building Standards

 

                                                        i.      Buildings serving residential, public and civic, funeral and internment uses may choose to comply with Campus-Style and Courtyard Design Guidelines (see 2d).

 

                                                      ii.      Features allowed to be setback greater than the maximum allowed setback include:

 

Exceptions to the lot and building standards

Feature

Maximum percent of façade

Maximum setback

Changes in façade setback from the maximum allowed setback

Fronting street: 50 percent

Fronting side yard: 75 percent

5 ft.

Recessed primary entrance

25 percent

5 ft.

Patio (see patio standards below)

60 percent

15 ft.

 

                                                    iii.      No more than 75 percent of the front façade shall be set back more than the maximum allowed setback.

 

d.      Campus-Style and Courtyard Design Guidelines

Residential Uses, Public and Civic Uses, Funeral and Interment Uses may use these guidelines to create campus-style or courtyard developments:

 

                                                        i.            Courtyards shall be visible from the Independence and / or Paseo Blvd right-of-way.

 

                                                      ii.            No more than 40 percent of the courtyard may be paved. Courtyard may not be used for parking facilities.

 

                                                    iii.            A minimum of 25 percent of the principal building(s) shall meet the maximum setback requirement.

 

                                                    iv.            Campus-style and courtyard developments shall be approved through a development plan.

 

                                                      v.            Flexibility to the Lot and Building Standards of the Overlay District may be granted by City Council to accommodate this development type.

 


  1. Architectural Materials

 

Applicable areas: Area A, Area B, Area C

 

a.       Permitted Material

Materials identified with a “PM” are Primary Materials and allowed on all stories of a structure.

 

b.      Permitted Secondary Material

Materials identified with a “SM” are Secondary Materials and allowed on the second story and above of a structure or for the required building elements. Permitted secondary materials may be used as an accent material on the first story and shall not encompass more than 20 percent of the first story façade.

 

c.       Prohibited Materials

Materials identified with a “-“ are expressly prohibited.

 

d.      Material Transition

Primary and secondary front façade materials shall wrap at the corners a minimum of 10 feet on the side facades.

 

e.       Determination of Most Similar Material

When a specific material cannot be readily classified, the city planning and development director is authorized to determine the most similar, thus most appropriate, material based on the following considerations:

 

                                                        i.      the appearance of the material;

 

                                                      ii.      the durability of the material;

 

                                                    iii.      the method of installing the material;

 

                                                    iv.      the location of the material; and

 

                                                      v.      information provided by the International Building Code.

 

Allowed Architectural Materials

Material

Façade Fronting:

Front and Street-side Yard

Side and Rear Yard

Brick

PM

PM

Stone

PM

PM

Cast stone

PM

PM

Glass

PM

PM

Terra cotta

PM

PM

Tile

SM

PM

Cast concrete

SM

PM

Pre-cast concrete

SM

PM

Stucco

SM

PM

Metal with hidden fasteners

SM

PM

Wood

SM

PM

Fiber cement siding

SM

PM

Fiberglass replication

SM

PM

Concrete masonry unit

-

PM

Split faced block

-

PM

Glass block

-

SM

EIFS

-

-

 

  1. Façade Articulation and Composition

 

Applicable areas: Area A, Area B, Area C

 

a.       Building Elements

Building element standards apply to front and street-side facades.

 

                                                        i.      All buildings shall include at least two of the following elements:

 

1.      Two or more exterior finishes

 

2.      Two or more changes in roof lines

 

3.      Changes in façade setbacks no greater than 5 feet

 

4.      Bay windows

 

5.      Canopies and/or awnings

 

6.      Balconies

 

7.      Patio

 

                                                      ii.      Residential buildings or residential portions of mixed-use buildings with three or more units shall provide outdoor spaces for residents. Residential buildings and uses shall include one or more of the following features on the front façade:

 

1.      Porches- Porches are generally slightly above grade with an ornamental rail separating the porch from adjoining grade. Porches must have a minimum depth of 6 feet and shall span at least 50 percent of the front façade width.

 

2.      Balconies - Balconies are outdoor spaces above the ground floor. Balconies must have a guard rail enclosing the usable area. Balconies must have a minimum depth of 4 feet and minimum length of 6 feet. A minimum of one balcony shall be provided per 20 feet of the front façade width per story.

 

3.      Stoops - Stoops are unenclosed steps and landings providing access to a primary entrance. Stoops must have an ornamental metal rails and cheek walls not exceeding 1 foot in height above the corresponding step. One stoop is required per front façade ground level unit. A minimum of 3 stoops is required to meet this requirement.

 

    1. Doors and Entrances

 

                                                        i.      Primary entrances shall provide public access to individual shops or businesses, lobby entrances, or to individual dwelling units from Independence, Paseo, and Prospect. On corner lots, entrances at building corners may be used to satisfy this requirement.

 

                                                      ii.      Primary entrances must be accentuated with two or more of the following architectural features:

 

1.      Change in building material

 

2.      Tile flooring

 

3.      Recessed entrance (setback no greater than 5 feet) with sidelight windows

 

4.      Transom windows and/or sidelight windows

 

5.      Porticos

 

6.      Canopies and/or awnings

 

7.      Projecting signage

 

8.      Decorative lighting

 

                                                    iii.      Residential primary entrances shall not exceed 36 inches above grade. Non-residential primary entrances shall not exceed 12 inches above grade.

 

    1. Patios

 

                                                        i.            Up to 60 percent of a façade may be setback a maximum of 15 feet to allow for a patio.

 

                                                      ii.            Patios may be used for Class A Outdoor Display, dining or gathering space. Patios may not be used for outdoor storage.

 

                                                    iii.            Patios may be roofed with a permanent structure attached to the principal structure. No tents or other temporary structures shall be erected within the patio.

 

                                                    iv.            Patios must be enclosed with a permanent rail or wall constructed of metal, masonry, or wood and shall be no taller than 3 feet in height.

 

                                                      v.            Patios are not permitted adjacent to intersections of streets identified by the Major Street Plan (includes all four corners).

 

  1. Transparency

 

Applicable areas: Area A, Area B, Area C

 

a.       At least 70 percent of the façade fronting Independence, Paseo, and Prospect between 2 feet and 10 feet above the sidewalk must be comprised of windows that allow clear views of indoor space or product display areas. On corner lots, this 70 percent transparency requirement applies only along Independence, Paseo and Prospect. The minimum transparency standard for facades fronting streets other than Independence, Paseo, Prospect, parkways and boulevards is 40 percent. Facades fronting parkways and boulevards other than Independence, Paseo and Prospect shall comply with the standards set forth in 88-323 “Boulevard and Parkway Standards.”

 

b.      Buildings used solely for residential purposes may reduce their transparency to 40 percent on the first story, measured between 3 ½ feet above the finished floor and the interior ceiling.

 

c.       The minimum transparency for the second story and above must be 40 percent on any façade fronting a street.

 

d.      Display windows that do not provide views into the interior of the building may be counted towards satisfying up to 50 percent of the minimum ground-level transparency requirements, provided that they are internally illuminated and are at least 3 feet in depth.

 

e.       For non-residential structures, the bottom of any window or product display window used to satisfy the ground-level transparency requirements shall not be more than 3.5 feet above the adjacent sidewalk.

 

f.       The bottom of any window used to satisfy transparency requirements for stories above the ground-level shall not be more than 3.5 feet above the interior floor.

 

g.      No existing building shall be altered in such a way that reduces transparency below the required or existing amount.

 

h.      Internal illumination of windows, display windows and primary entrances shall not have any effects of movement, flashing, scintillation, rolling, dissolving, fading or similar effects.

 

i.        No obstructions shall be placed on the outside of the window or door, including but not limited to bars, solid screens, signage, and shutters. Boards may be utilized in compliance with Chapter 48 (Nuisances). Required transparency shall not be obstructed by interior signage.

 

  1. Parking and Loading

 

Applicable areas: Area A, Area B. Area C shall comply with the Parking and Loading Standards of Chapter 88.

 

In addition to the standards of 88-420 Parking and Loading, the following standards apply in the Independence Overlay District:

 

a.       Any off-street parking provided must be located behind the building, in the side yard, within or under the building. Parking is not allowed in the street-side yard or front yard. Off-street parking shall be located no closer to an adjacent street than the front building line nearest the parking. On a boulevard, parking located on the side of a building shall be set back a minimum of 10 feet behind the front building line or 30 feet from the right-of-way, whichever is greater.

 

b.      Tenant spaces for active uses, as permitted by the subject zoning district, shall be included on the ground level of parking garage facades fronting Independence. Spaces accommodating these uses shall have a minimum depth of 20 ft. and shall span the entire length of the parking garage, with the exception of drive aisles.

 

c.       Vehicular Access Points on the same property shall be spaced at least 100 feet apart. The number of allowed vehicular access points shall not exceed the following table:

 

Allowed Vehicular Access Points

Frontage

Allowed Curb Cuts

<150 ft.

1

151-500 ft.

2

501 ft. – 1,000 ft.

3

1,001 ft. <

One additional curb cut per 500 feet of frontage

 

  1. Screening, Fencing and Walls

 

Applicable areas: Area A, Area B, Area C.

 

a.    In addition to 88-425-08 Screening of Containers and Mechanical/Utility Equipment the following standards must be met:

 

                                                        i.            Dumpsters and ground level mechanical/utility equipment must be located in the rear yard or can be located in the side yard if setback 20 feet from Independence, Paseo, and Prospect. Dumpsters and ground level mechanical/utility equipment shall not be located in the front or street-side setback.

 

                                                      ii.            Dumpsters shall be no closer to the street than the front building line.

 

                                                    iii.            Screening materials must be the same as the primary building materials.

 

                                                    iv.            Access for dumpsters and mechanical/utility equipment must be shared with any access for required parking.

 

b.    Fencing and walls within the overlay district shall comply with the following standards:

 

                                                        i.            No fence over 6 feet shall be erected on any lot.

 

                                                      ii.            On a boulevard fencing must be of steel, iron, concrete, stone, or brick. Wood picket, stockade or chain link fencing is not permitted, per the Boulevard and Parkway Standards in Section 88-323.

 

                                                    iii.            Within 20 feet of the Independence, Paseo, and Prospect right-of-way lines:

 

1.      Fencing must meet or exceed 80 percent transparency.

 

2.      Freestanding walls shall not exceed 24 inches in height. Fencing or a combination of fencing and a freestanding wall shall not exceed 48 inches in height.

 

3.      Retaining walls shall not be terraced.

 

4.      Retaining walls adjacent to Independence Avenue shall not exceed 48 inches in height.

 

5.      Walls shall be constructed of brick, pre-cast concrete, stone or cast stone.

 

6.      Chain link, vinyl, plastic, wood, and similar materials are prohibited.

 

                                                    iv.            Barbed-wire, razor wire, metal sheeting and similar materials are prohibited.

 

                                                      v.            The finished side of the fence or wall must face the adjacent property or the street.

 

                                                    vi.            Retaining walls shall be topped with a decorative element designed to discourage sitting. Decorative elements count toward the height limit.

 

                                                  vii.            Patios shall be enclosed by a fence or wall 36 inches in height.

 

                                                viii.            At a minimum, the following shall be constructed to provide screening of vehicular use areas within 20 feet of Independence, Paseo and Prospect:

 

1.      A solid 12 - 24 inch tall masonry wall topped with a decorative metal fence with at least 80 percent transparency and a maximum height of 24- 36 inch tall. The screening structure shall not exceed 48 inches.

 

2.      Posts constructed of the masonry base may extend between stretches of the decorative metal fence as long as an overall transparency of 80 percent is maintained.

 

c.       When a vehicular use area is adjacent to a public right-of-way or a residential district, perimeter landscaping in accordance with 88-425-05 must be provided to provide physical and visual separation. This requirement applies only when there are no intervening buildings between the right-of-way and the vehicular use area.

 

Table 6

Minimum required landscape buffer strip

Adjacent to an alley

No buffer required

Adjacent to public right-of-way

3 ft.

Adjacent to residential district

5 ft.

 

  1. Signage

 

Applicable areas: Area A, Area B. Area C shall comply with the Signage Standards of Chapter 88.

 

    1. One wall sign; one awning, canopy or marquee sign; and one projecting sign per tenant with customer entrance are permitted, covering a maximum of 10 percent per tenant elevation.

 

    1. Monument signs are prohibited, unless on a lot with a minimum of 100 feet of frontage and applies with at least one of the following criteria:

 

i.        The lot is developed with an existing principal structure that is setback at least 30 feet from the property line adjacent to Independence Avenue.

 

ii.      The lot has an existing pole sign. The pole sign may be replaced with a monument sign.

 

iii.    The sign is attached to or incorporated into freestanding wall or retaining wall.

 

c.       When allowed, one monument sign is permitted per street frontage. Monument signs shall not exceed 50 square feet in area and 6 feet in height under no circumstances, and a sign of this size is only allowable on individual buildings on parcels with a minimum of 200 feet of frontage on Independence Ave. Any parcels with less than 200 feet of frontage on Independence Ave will be allowed one monument sign not to exceed 30 feet in maximum area and 6 feet in height. Monument signs shall be constructed of primary materials matching the principal building. Content shall consist of pin-mounted channel letters, die cut graphics, and/or engraved text.  The area surrounding the monument sign shall be landscaped. Monument signs shall be setback in accordance with one of the following standards:

 

i.        On interior lots, monument signs shall be setback a minimum of 10 feet.

 

ii.      On corner lots, monument signs shall be setback a minimum of 10 feet.

 

iii.    When attached to a wall or fence, signs may not extend above the top of the wall or fence. Monument signs may not project more than 3 inches from the face of the wall or fence.

 

d.      A projecting sign mounted perpendicular to a building wall shall not exceed 12 square feet in area; if mounted radially on a building corner, it shall not exceed 24 square feet in area. The sign shall not exceed 50 percent of its projecting distance in thickness. Projecting signs shall not project more than 4 feet from the building face, with a minimum clearance of 8 feet. On building corners, the sign shall not project more than 5 feet. No more than 50 percent of a projecting sign shall project above the parapet of the building.

 

    1. Signs may be internally or externally illuminated.

 

    1. Wall signs shall be channel signs.

 

    1. Incidental signs are permitted in the district, according to the standards of 88-445-08-G.

 

    1. Hand-painted wall signs may be located on a side or street side façade, not fronting Independence. Hand-painted signage located on a non-street side façade shall not exceed 50 percent of the façade area and 20 percent on street side facades. Only one hand-painted sign is allowed per façade. Facades with hand-painted signs may not include any other signage. Hand-painted signs must receive approval by the director of city planning and development.

 

    1. Historical wall signs, hand-painted signs, neon signs, and projecting signs that advertise closed or off-site businesses may remain and shall not count toward any signage requirements if established more than 50 years from the date of application. Historical signs may be removed and reinstalled for restoration. Retention of historical signs must receive approval by the director of city planning and development.

 

    1. Roof signs are allowed and shall be channel signs. Supporting structures must consist of the fewest number of supporting members without embellishments. Roof signs are permitted on buildings if the top of the highest portion of the roof is at least 30 feet above grade. The maximum horizontal dimension of a roof sign may not exceed 50 percent of the width of the wall it most closely parallels or 20 feet, whichever is less. The maximum height of a roof sign and its supporting structure may not exceed 6 feet, measured from the elevation of top of the highest parapet to the top of the sign. Roof signs shall not be constructed of wood.

 

    1. Electronic, digital, and motorized signs, changeable copy panels, and outdoor advertising signs are prohibited within the district.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney