Chapter 9.18 OVERLAY DISTRICTS

Chapter 9.18
OVERLAY DISTRICTS

Sections:

9.18.010 Designation of overlay districts.

As used in this title, the following land use designations shall be considered overlay districts:

(underlying zone)-PBD	(Parking and Buffer District)
(underlying zone)-RD	(Recreational District)
(underlying zone)-HPD	(Historical Preservation District)
(underlying zone)-RPDD	(Residential Planned Development District)
(underlying zone)-IPDD	(Industrial Planned Development District)
(underlying zone)-EBOD	(Electronic Billboard Overlay District)
(underlying zone)-CCOD	(Civic Center Overlay District)

(Ord. 929 § 9, 2023; Ord. 886 § 3, 2018; Ord. 806 § 1, 2007).

9.18.020 Intent and purpose.

The overlay districts are intended to create an umbrella of additional standards over and above the existing underlying zones in order to meet the special needs of landmarks, distinct neighborhoods, and busy shopping centers and corridors within the city. The specific intent and purpose of each overlay district is identified below:

A. PBD (Parking and Buffer District). Established to designate areas that may be used for motor vehicle parking with open space in order to serve as a means of reducing conflicts between incompatible uses along zone boundaries and provide additional public parking and open space opportunities.

B. RD (Recreational District). Established to designate areas where public and private recreational facilities may be established, including but not limited to amusement parks, miniature golf courses, outdoor entertainment, and other facilities developed for leisure time activities. Provisions are included to permit incidental uses and necessary public and community services.

C. HPD (Historical Preservation District). Established to protect those existing elements in the environment which complement or are essential to the physical setting of a declared historical or cultural monument or site, and to ensure that adjacent public and private development is harmonious and consistent with the character, style and spirit of the monument or site.

D. RPDD (Residential Planned Development District). Established to provide a means of achieving greater flexibility in residential development on relatively large tracts of land by encouraging designs that are more self-sustaining with their own private streets, common space, recreational opportunities, and property maintenance. Among the objectives of planned development is the encouragement of more efficient use of open space, separation of pedestrian and vehicular traffic, where possible, and increased environmental amenities. Adequate safeguards to ensure that such projects will be an asset to the surrounding neighborhood area are provided through the requirement of a conditional use permit prior to development of a planned residential development in the zone.

E. IPDD (Industrial Planned Development District). Zone IPDD is established to provide a means of achieving unified industrial development in the proximity of other types of uses. Adequate safeguards to ensure that such projects will be an asset to the surrounding community are provided through the requirement of a conditional use permit prior to development of a planned industrial development in the zone.

F. EBOD (Electronic Billboard Overlay District). The EBOD is established to create an overlay district that provides for the development and construction of electronic billboards in a planned manner by allowing for the construction of electronic billboards within the EBOD and to allow the voluntary relocation and replacement of conforming and nonconforming billboards from other areas of the city to the EBOD subject to reasonable controls. (Ord. 886 § 4, 2018; Ord. 806 § 1, 2007).

9.18.030 Permitted land uses.

Land uses permitted within the overlay districts shall be based on the underlying districts. However, any use the director feels complements and meets the intent of the overlay district may be permitted subject to the approval of a conditional use permit. (Ord. 806 § 1, 2007).

9.18.040 Development standards.

This section establishes the development standards of the overlay districts. These standards are in addition to the standards of the underlying zones as well as the supplemental development standards found in Division 4 of this title, which establishes development standards such as parking, landscaping, signs and other standards not prescribed within this chapter.

A. Parking and Buffer District Standards.

1. Parking Standards. Twenty-five percent additional parking shall be provided over and above the requirements of the underlying zone. In addition, all site vehicular entries/exits shall be treated with colored, stamped concrete or pavers to the satisfaction of the community development director. Said parking requirements shall only apply to new development or cumulative additions within a 10-year period greater than 50 percent of the existing building area.

2. Landscaping Standards. Ten percent additional landscaping shall be provided over and above the requirements of the underlying zone. Said landscaping shall be concentrated along the street frontages. Any addition greater than 50 percent of existing floor area shall be required to upgrade landscaping to meet the requirements of this district. Landscape and irrigation plans prepared by a licensed and certified landscape architect shall be submitted for all proposed landscaping.

B. Recreational District Standards.

1. Lot Standards. Minimum lot area required shall be 20,000 square feet. Minimum lot width and depth shall be 100 and 150 feet, respectively.

2. Parking Standards. Unless identified in Chapter 9.38 BGMC, Parking and Loading (Off-street) by land use, parking numbers shall be determined by the planning commission and shall be based on the results of a parking demand study prepared by an independent traffic engineer.

C. Historical Preservation District Standards.

1. Process for Modifications to Property.

a. Prior to obtaining a building permit to construct, repair, demolish, relocate, or modify in any way any structure, landscape feature, or overall physical setting of a property located in the historical preservation district overlay, site plan review approval shall be obtained from the cultural heritage commission and the planning commission.

b. Required plan submittals for approval shall include, but not be limited to:

i. Complete project description/scope of work.

ii. The location and use of all existing and proposed buildings and structures on the property.

iii. The arrangement of all off-street parking and loading facilities.

iv. A landscape plan indicating the extent, plant materials and location of all planted areas and water irrigation systems.

v. Location and size of all existing and proposed signs.

vi. Any additional information that the cultural heritage commission and planning commission consider necessary to reach a decision.

c. The cultural heritage commission and planning commission shall review the request and submitted plans and materials and determine whether or not the proposal is a unified and harmonious development which will be substantially compatible with existing structures and developments both on and adjacent to the subject property; and with the long-range development of the historical preservation district.

2. Modification and Adjacent Development Standards.

a. Adjacent Structure Location. No new building shall be located nearer than 100 feet to a declared historical structure.

b. Building Additions. No addition to a historical structure or site shall substantially alter or dissipate the basic architectural or historical character of the structure or site.

c. Exterior Design. All structures erected in a historical preservation district shall be of an architectural design which is compatible with the character of the historical structure or site the district is intended to preserve and enhance. This would include, but not be limited to, such features as exterior lighting, fences, or walls, signs, rooflines, television antennas, exterior design of a structure including wall materials, color and the shielding of exterior air conditioning. Utilities shall be placed underground.

d. Signs. Any sign erected shall be located so as not to diminish or to be in any way detrimental to the historical structure or site.

e. Off-Street Parking. All off-street parking areas shall be located, designed and landscaped so as to be as unobtrusive as possible and architecturally in keeping with the character of the historical structure or site.

f. Landscaping. All landscaping, including such elements as plant materials, walls, fences, lighting and overall design, shall be in keeping with the character of the historical structure or site.

3. Designation of a Historical Site. The cultural heritage commission shall be responsible for designating a site, structure, or other physical feature as a historical or cultural monument. Prior to taking such action, the cultural heritage commission shall follow the standard protocol of communities known for historical preservation or develop its own ordinance to take precedence over this section.

D. Residential Planned Development District Standards. In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to residential planned developments where they are permitted by conditional use permit. Where the following regulations are in conflict with any other applicable zoning code development regulations, the regulations herein shall prevail:

1. Site Area. The proposed development shall include a parcel of land containing not less than two acres.

2. Density/Ancillary Uses. A property developed within overlay zone RPDD shall not exceed the maximum density permitted by the underlying zoning district unless the development has been approved for a density bonus pursuant to Chapter 9.59 BGMC, Affordable Housing Density Bonus and Incentives.

Dwelling units may be in one-family detached structures or multiple dwelling structures. The commission may approve places of public assembly, day care centers, recreational buildings, and accessory buildings if for the primary use of persons residing within the planned development project.

3. Common Open Space. Common open space shall comprise not less than 25 percent of the net site area. Common open space shall be that portion of the total land area developed for recreational purposes and designated for the use and enjoyment of all of the occupants of the housing tract, but shall not include streets, highways or utility easements where the ground surface is not available or usable for open space, yards, patios, or other areas primarily designed to serve other functions. The applicant shall submit to the commission, and it shall be made a condition of approval, satisfactory evidence to assure continued retention of open space and for perpetual maintenance of common areas.

4. Site Coverage. Buildings shall not occupy more than 45 percent of the net site area. Common recreational buildings are excluded from this building coverage limitation. Distance between buildings shall be not less than 10 feet for one- and two-story structures, plus two feet additional for each story above two.

5. Building Height. Buildings shall not exceed 40 feet, or three stories, whichever is less, as measured from finish grade around the perimeter of the structure to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. For purposes of this chapter rooftop decks and other forms of rooftop recreational facilities open to the sky shall not be considered in the calculation of building height.

6. Parking. Parking shall be provided as required in Chapter 9.38 BGMC, Parking and Loading (Off-Street), except that the commission may modify the location, the number, or design of parking spaces required for individual uses. Modifications of parking space design may include the use of tandem parking spaces for parking spaces located within a residential garage, and modifications to parking space dimensions and layout. The commission may modify the required number of parking spaces for recreational facilities where circumstances justify and may require additional off-street parking for guests.

7. Building Massing. Front, side, and rear elevations of buildings over one story in height shall comply with the following building massing requirements:

a. Building forms shall avoid repetitious elements such as similar building profiles and continuous gable ends.

b. Vertical and horizontal projections and offsets shall be incorporated into the front wall, both side walls, and any street side walls to break up the building mass. The projections and offsets shall extend from the main wall line consistent with the architectural style of the building.

c. Front and side building walls shall incorporate balconies and/or terraces where appropriate. Uncovered balconies projecting from the side of the building are not permitted.

d. Window recesses shall be incorporated in keeping with the architectural style of the building.

e. Window details shall be provided on all windows. Window detail features shall include, but not be limited to, shutters, trim surrounds, window boxes, Juliette balconies, and decorative railings incorporated into window design in keeping with the architectural style of the building.

f. Door and window size and scale shall be in proportion to the overall massing of the building.

8. Building Roofs. Roof materials and forms shall reinforce the architectural style of the building. Primary roof forms shall be predominantly gable or hip design and characteristic of the represented building architectural style. Changes in the primary roof ridge orientation shall be incorporated into roof design wherever possible. Flat roof elements shall be incorporated only if appropriate to the architectural style of the building. Asphalt composition shingles are prohibited for use as roofing material.

9. Architectural Features. Building architectural features shall comply with the following:

a. The design, color, material, and treatment of windows, including garage door windows, shall be consistent with the architectural style of the building.

b. All window trim elements such as moldings, sills, etc., shall be precast design.

c. Highly reflective glazing is not permitted.

d. Wood fascias, rakes, and rafters shall be painted or stained to reinforce the style of the building. Stuccoed facias, rakes and rafters shall be painted to match the primary wall color of the building.

e. The design, color, material, and treatment of all doors, including garage doors, shall be consistent with the architectural style of the building.

f. All colors and materials shall be approved by the commission.

10. Outdoor Lighting. Lighting fixtures shall be of uniform design and unobtrusive. Shielded fixtures are required to prevent uplighting and to shield the lighting source from adjacent residential areas. Private street lighting fixtures shall be on sensors for automatic nighttime lighting. Private street lights shall include shielding devices and shall direct or reflect light downward. Lighting within common area open space shall be low “pedestrian” level lighting installed at selected locations within common area open space. Bollard lighting is recommended along all walkways. All private street and parking lot lighting fixtures shall include shielding devices for “dark sky” purposes and shall direct or reflect light downward.

11. Utilities. The applicant shall submit to the commission, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. This requirement may be waived where it would cause undue hardship or constitute an unreasonable requirement. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground.

12. Project Phasing. The applicant shall submit for commission review and approval a project phasing plan indicating the schedule for development to include a schedule of development of common open space relative to the construction of residential dwelling units, which shall become a condition of approval. The commission may modify, without public hearing, the condition pertaining to the project phasing plan based upon an affirmative showing, in writing, of hardship.

13. Private Infrastructure. A tentative map shall be filed when required by Division 6 of this title, Subdivision Regulations. Where a tentative map is not required, the site plan shall include the precise location, width and type of improvements for private streets and pedestrian walks.

14. Landscape Plan. Submittal by the applicant of a plan for landscaping all common areas subject to review and approval by the commission shall be made a condition of approval of all projects.

E. Industrial Planned Development District Standards. In addition to compliance with all other applicable statutes, ordinances and regulations, the following regulations shall apply to industrial planned developments where they are permitted by conditional use permit:

1. The proposed development shall include a parcel of land containing not less than 10 acres. A development may be considered on a parcel of land less than 10 acres in area when such property is in the IPDD overlay and has a common boundary with property which has been developed under an approved plan pursuant to Chapter 9.50 BGMC, Variances and Conditional Use Permits. In such case, the plan shall indicate that the proposed development will constitute an orderly extension in arrangement of buildings, facilities and improvements throughout the combined parcels of land in addition to all the other requirements for approval of a conditional use permit.

2. The structural improvements shall not detract from the established or anticipated character of the surrounding area as indicated by schematic drawings and renderings to scale showing the architectural design of buildings and structures to be established.

3. Adequate provision shall be made for vehicular access, parking and loading so as to prevent undue traffic congestion on adjacent streets or highways, particularly local streets.

4. The floor area ratio shall not be greater than one and the ground floor area of buildings shall not exceed 60 percent of the net area of the lot or parcel of land. This does not permit a reduction in the parking requirement specified in this title.

5. The applicant shall submit to the commission, and it shall be made a condition of approval, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. This requirement may be waived where it would cause undue hardship or constitute an unreasonable requirement. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground.

6. The commission, in granting the conditional use permit, may allow advertising signs which it finds will be in keeping with the concept of planned development.

7. The development plan shall include yards, walls, walks, landscaping, and other such features as may be needed to make the industrial development attractive, adequately buffered from adjacent more restrictive uses, and in keeping with the established or anticipated development of the surrounding area.

8. The commission shall approve a progress schedule including all phases of development and indicating that the improvements described in the development plan will be made prior to occupancy of industrial buildings. The commission may modify without a hearing this condition pertaining to the development schedule based upon an affirmative showing, in writing, of hardship.

9. A tentative map shall be filed and made a condition of approval.

10. The site plan required by Chapter 9.50 BGMC, Variances and Conditional Use Permits, shall, in addition to other requirements, indicate compliance with the provisions of this section.

F. Electronic Billboard Overlay District Standards. In addition to compliance with all other applicable statutes, ordinances and regulations, electronic billboards located within the electronic billboard overlay district shall comply with those standards set forth under BGMC 9.40.065. (Ord. 887 § 2, 2018; Ord. 886 § 5, 2018; Ord. 806 § 1, 2007).