18.20.280 “Original Town” Overlay District
Purpose: The "Original Town" Overlay District is intended to provide a measure of flexibility for new development or the redevelopment of existing structures in the older or "Original Town" of the City. This overlay district applies to all properties located within the boundaries of the "Original Town" area, regardless of the underlying zoning district applicable to such properties. Major or minor waivers or reductions from height and area requirements applicable to a particular zoning district may be approved by the Planning Commission or Planning Official in order to promote development or redevelopment that will be in conformity with existing conditions. (Ord. 02-54 §2, 2002)
A. Original Town Area Designated
The "Original Town" area, which is generally bounded on the north by Harold Street and Santa Fe Street, on the south by Dennis Street, on the east by Ridgeview Street and I-35 Highway, and on the west by Parker Street, as depicted on Map 1. In the event that a question arises concerning the application of this chapter to a particular property, the Planning Official shall make a determination about the applicability. The Planning Official’s interpretation may be appealed to the Planning Commission and/or Governing Body in accordance with Section 18.52.040. (Ord. 02-54 §2, 2002)
B. Waivers or Reductions Permitted
1. Minimum lot area per dwelling unit requirements shall not apply to any lot, tract or parcel that was owned as a separate tract as shown by the last conveyance of record on November 20, 1949, and is not or has not been a part of a larger tract, or one (1) of two (2) or more contiguous tracts under the same ownership since that date.
2. Major or minor waivers or reductions from height and area requirements of the underlying zoning district may be permitted by the Planning Commission or Planning Official. The application for waiver or reduction will be reviewed by the Planning Official to determine its magnitude of change and review process. Waivers or reductions are classified into the following:
a. Major waivers or reductions
The Planning Commission may approve waivers or reductions from height and area requirements of commercial and residential applications for new construction. Major waivers or reductions are defined as: "one time" or "cumulative building addition" increases in commercial or multifamily residential floor area of greater than fifteen (15) percent; and any other proposed change which is deemed by the Planning Official to be a major waiver or reduction.
b. Minor waivers or reductions
The Planning Official may approve waivers or reductions which do not change the concept or intent of the existing land use development. Minor waivers or reductions are defined as: "one time" or "cumulative building addition" increases in commercial or multifamily residential floor area of fifteen (15) percent or less; restoration and/or rebuilding (on the original foundation) of commercial and residential structures damaged by fire or wind; and any other proposed change which is deemed by the Planning Official to be a minor waiver or reduction. (Ord. 02-54 §2, 2002)
C. Procedures
Requests for waiver or reduction shall be considered in accordance with the following procedures:
1. Application -- see Chapter 18.12.
2. No request for waiver or reduction shall be approved unless supported by the requisite findings as set forth in Section 18.52.050.
3. Planning Official denial of an application for waiver or reduction may be appealed to the Planning Commission by the applicant within thirty (30) days of the decision by the Planning Official. If the Planning Commission affirms the denial decision of the Planning Official, the applicant may appeal the decision to the Governing Body within thirty (30) days of the Planning Commission's decision. Otherwise all decisions of the Planning Official shall be deemed final.
4. Planning Commission denial of an application for waiver or reduction may be appealed to the Governing Body by the applicant within thirty (30) days of the decision. Otherwise, all decisions of the Planning Commission shall be deemed final.
5. The Planning Commission and Planning Official may require special conditions in the approval of an application for waiver or reduction as deemed necessary to uphold the finding as set forth in Section 18.52.050. (Ord. 02-54 §2, 2002)
D. Findings
Before any waiver or reduction is granted, the Planning Commission and/or Planning Official shall determine that satisfactory provisions and arrangements can be made of the following findings:
1. That the waivers or restrictions are necessary in order for the proposed development or redevelopment to be compatible with the surrounding area.
2. That approval of the waiver or restrictions will not adversely impact the use or value of surrounding properties.
3. The approval of the waiver or reductions will not create a safety hazard for automotive and pedestrian traffic.
4. That the waiver or reduction will not change the concept or intent of the existing land use development. (Ord. 02-54 §2, 2002)
E. Architectural Review of One and Two-Family Dwellings
Prior to any building permits being issued for new one and two-family dwellings, or substantial renovation of existing structures, within the “Original Town” Overlay District, the Planning Official shall review the architectural and site plans to determine the appropriateness of their design elements in terms of the nearby community and adjoining properties.
1. Appropriateness shall be considered, in most cases, to include evaluations of the following:
a. Architectural features -- including front porches; cornice lines; horizontal lines of windows; and architectural embellishments such as shutters, dormers, belvederes, chimneys, etc.
b. Materials, colors and textures.
c. Roof treatment and pitch.
d. Bulk.
e. Height.
f. Orientation of houses and garages.
h. Fencing, walls and hedges.
2. In addition to the above the following shall be addressed when applicable:
a. If a duplex dwelling is proposed in an area predominantly characterized by single family dwellings, the duplex shall be designed in a manner to create the appearance of a single family dwelling.
b. If a multiple story dwelling is proposed for a neighborhood predominantly characterized by one-story buildings, then it shall be demonstrated that the building design will be in scale and compatible with the area. A building greater than one story should clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, or detailing between characteristic of the area. In neighborhoods predominantly characterized by two-story dwellings, one-story dwellings typically would not be considered consistent with the area.
c. If rear access from an alley is the predominant form of garage access along the street, then such rear access shall be required. If driveway access from the street is the predominant form of garage access along the street, then the garage shall be designed and located in a manner consistent with the neighborhood and shall not be the predominant focal feature of the front façade. (Ord. 02-54 §2, 2002)