The Village Center District recognizes and encourages
the development of lively, pedestrian-friendly, mixed-use neighborhoods.
A Village Center District offers a variety of uses, such as residential,
commercial, civic and open space, that result in traditional neighborhoods
where living, working and shopping are in close proximity to one another.
There is a mix of housing styles, types and sizes to accommodate households
of all ages, sizes and incomes. The Village Center District offers
multi-modal transportation opportunities that include pedestrian walkways,
bicycle lanes, automobile corridors and mass transit. The historical
and cultural features of the area are protected as development and
redevelopment occurs in this district.
The district would encourage the development
of identified urban villages by establishing permitted uses, densities,
design standards and design review procedures as outlined below. Identified
Village Centers would be developed around a common theme or image
(market niche) that would be unique to the neighborhood and that would
be represented in the generalized design standards and regulations
contained in the district and applied to public projects within the
village. The following conditions must be present for a Village Center
to be established:
The Village Center District establishes urban
village areas within the City of Rochester that will encourage the
development of lively, pedestrian-friendly, mixed-use neighborhoods.
The following outlines the process for designating a Village Center
District:
A.
An applicant for a Village Center may include the
Mayor, City Council, Planning Commission, Zoning Board of Appeals,
Preservation Board or a recognized neighborhood/sector organization.
C.
New districts may be added when identified and agreed
to through a neighborhood design charrette process or a comparable
public input process.
D.
If proposed by a neighborhood/sector organization,
a minimum of 50% of all landowners impacted by the designation would
be required on a petition for the establishment of the Village Center
District.
F.
The district shall be mapped as a floating zone.
Public Market Village is a diverse neighborhood
consisting of residential, commercial, and wholesale uses of varied
building sizes. The focal point is the historic Rochester Public Market
that developed in the early 1900s on North Union Street. The Public
Market provides a unique blend of retail, service and wholesale uses
serving a regional clientele. Today, the Market operates much as it
did when it began as a thriving center of pedestrian-based commercial
activity providing a variety of commodities in an open-air market
atmosphere to both households and business owners. The Public Market
Village strengthens the relationship between the neighborhood buildings,
sites and areas and the Public Market itself through appropriate design
elements, amenities and treatments.
A.
Permitted uses and structures. The following uses
are permitted in the PMV District:
[Amended 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord.
No. 2019-325]
(1)
Outdoor market.
(2)
Single-family attached dwelling.
(3)
Multifamily
dwellings.
(4)
Mixed uses.
(5)
Live-work spaces.
(6)
Offices.
(7)
Public and semipublic uses.
(8)
Agriculture.
(9)
Warehouse uses.
(10)
Wholesale uses.
(11)
Retail sales and service; provided, however, that for retail
sales and service establishments licensed by New York State as adult-use
cannabis retail dispensaries, only if operated entirely within an
enclosed building and during liquor store hours.
[Amended 11-3-2022 by Ord. No. 2022-322]
(12)
Bars, restaurants and the like including outdoor
seating/assembly areas, provided that the outdoor areas only operate
between the hours of 6:00 a.m. and 11:00 p.m., but excluding drive-through
facilities.
(13)
Manufacturing uses when the products are sold
as retail for an individual consumer.
(14)
Parks and recreation uses.
(15)
Places of worship.
(16)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
(17)
Limited entertainment, not including sexually oriented uses.
(18)
On-site cannabis consumption lounges operated entirely within an
enclosed building and during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
B.
Special permit uses. The following uses are allowed
as special permit uses in the PMV District:
(1)
Ancillary parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
(2)
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
(3)
Community garages and parking lots.
(5)
Outdoor storage, subject to the additional requirements set forth in § 120-175.
[Added 9-16-2015 by Ord.
No. 2015-297]
(6)
On-site
cannabis consumption lounges operating entirely within an enclosed
building and during bar hours, including bar hours extending after
11:00 p.m.
[Amended 11-3-2022 by Ord. No. 2022-322]
C.
Lot, area and yard requirements. The following lot,
area and yard requirements shall apply to the PMV District:
(2)
Lot area requirements.
(a)
Residential uses.
[2]
Multifamily.
[a]
Minimum lot area: 1,000 square
feet per unit for one or two bedrooms.
[b]
Minimum lot area: 1,800 square
feet per unit for three or more bedrooms.[3]
[3]
Editor's Note: Former Subsection C(2)(a)[2][c] and [d], providing
maximum building coverage and maximum lot coverage, respectively,
which immediately followed this subsection, was repealed 9-21-2010
by Ord. No. 2010-323.
[c]
Minimum lot area: 9,000 square feet for multifamily
buildings over three units.
[Added 9-19-2017 by Ord.
No. 2017-299[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection
C(2)(b), Nonresidential uses. Former Subsection C(2)(b)[2] and [3],
providing maximum building coverage and maximum lot coverage, respectively,
which had immediately followed former Subsection C(2)(b)[1], was repealed
9-21-2010 by Ord. No. 2010-323.
(3)
Yard requirements.
(a)
Residential uses.
[1]
Front yards.
[Amended 7-27-2004 by Ord. No. 2004-240]
[a]
Minimum front yard setback, principal
use or structure: where applicable, the average front yard depth of
buildings on the two lots adjoining a property; or the average front
yard depth of buildings on the block on which the property is located;
or 20 feet.
[b]
Maximum front yard setback, principal
uses and structures: where applicable, the average front yard depth
of buildings of the two lots adjoining a property; or the average
front yard depth of buildings on the block frontage.
[c]
Minimum front yard setback, attached
garages and carports: the front yard of the principal use or structure
plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(4) 
Corner lots. Corner lot front setbacks shall reflect
the front setbacks of the other corner buildings at that intersection
but in no case shall be less than the average front yard depth of
building(s) in the commercial district where the property is located.
E.
Specific standards for the PMV District. In addition to the applicable City-wide design guidelines and standards in Article XIX, the following shall apply to the PMV District:
[Amended 9-19-2017 by Ord. No. 2017-299]
(1)
Buildings.
(a)
Building materials. Concrete block, glass block, and metal are
permitted on any facade.
(2)
Windows and transparency. All new construction on building facades
that are within 60 feet of a street right-of-way or a vehicle or pedestrianway
internal to the Rochester Public Market shall provide areas of transparency
equal to 40% of the wall area between the height of two feet and eight
feet from the ground.
The HV Harbortown Village is a distinct neighborhood
developing around the mouth of the Genesee River and the shore of
Lake Ontario as a unique and lively water- and pedestrian-oriented
area. The district regulations improve the harbor environment, promote
public access, encourage tourism and preserve the waterfront environment.
The development of facilities for fishing, boating, swimming, dining,
picnicking, strolling and sightseeing is encouraged, while the Lake
Avenue commercial corridor offers diverse activities that are tourist-related
and serve the neighborhood. Dense residential development promotes
diversity in housing types and a year-round population that will ensure
the vitality of the village.
A.
Permitted uses and structures. The following uses
are permitted as of right in the H-V Harbortown Village District:
(1)
Public boardwalks, paths, biking trails and outdoor
seating/assembly areas.
(2)
Boating and fishing docks.
(3)
Marinas.
(4)
Water passenger transportation terminals.
(5)
Boating and sailing instruction schools.
(6)
Boat sales, rental and charter facilities.
(7)
The following uses are permitted as of right in the
H-V Harbortown Village District if located 30 feet or more from the
edge of the Genesee River, subject to site plan approval:
(a)
Single-family attached dwellings.
(b)
Live-work spaces.
(c)
Bars and restaurants not exceeding 2,500 square
feet and excluding drive-through facilities.
[Amended 9-19-2012 by Ord. No. 2012-363[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
A(7)(d), listing bars, taverns and cocktail lounges, and redesignated
former Subsection A(7)(e) and (f) as Subsection A(7)(d) and (e).
(d)
Private clubs not exceeding 2,500 square feet.
(e)
Office space not exceeding 2,500 square feet.
(f)
[2]Retail sales and services not exceeding 2,500 square feet;
provided, however, that for retail sales and service establishments
licensed by New York State as adult-use cannabis retail dispensaries,
only if operated entirely within an enclosed building and during liquor
store hours.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
[2]
Editor’s Note: Former Subsection A(7)(f), Retail sales
and services, specialty, added 9-19-2012 by Ord. No. 2012-363, was
repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated
former Subsection A(7)(g) through (m) as Subsection A(7)(f) through
(l), respectively.
(g)
Tourist information centers.
(h)
Museums and aquariums.
(i)
Hotels and motels.
(j)
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
(k)
Mixed uses when limited to residential and commercial
uses as permitted under this section.
(l)
Other establishments relating to and supporting
water-dependent activities.
(m)
Places of worship.
[Added 9-19-2017 by Ord.
No. 2017-299]
(n)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
[Added 11-12-2019 by Ord.
No. 2019-325]
(o)
Limited entertainment, not including sexually oriented uses.
[Added 11-12-2019 by Ord.
No. 2019-325]
(p)
On-site cannabis consumption lounges not exceeding 2,500 square feet
operated entirely within an enclosed building and during bar hours,
but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
B.
Special permit uses. The following uses are allowed
as special permit uses in the H-V District:
[Amended 9-19-2012 by Ord. No. 2012-363; 9-16-2015 by Ord. No. 2015-297; 8-9-2016 by Ord. No. 2016-263; 11-12-2019 by Ord. No. 2019-325]
(1)
The following uses when located within 30 feet of
the edge of the Genesee River:
(a)
Museums and aquariums.
(b)
Private clubs.
(c)
Bars and restaurants, excluding drive-through
facilities.
(d)
Tourist information centers.
(e)
Other establishments relating to and supporting
water-dependent activities.
(f)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
(g)
Limited entertainment, not including sexually oriented uses.
(h)
On-site cannabis consumption lounges operated entirely within an
enclosed building and during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
(2)
Single-family detached located no closer than 100
feet of the edge of the Genesee River.
(3)
Boat launches.
(4)
Community garages and parking lots.
(5)
Multifamily dwellings.
(6)
Outdoor entertainment.
(7)
Outdoor markets.
(8)
Parking areas, lots and garages.
(9)
Private and commercial recreation and amusement facilities.
(10)
Public and semipublic uses.
(11)
Vehicle service stations, subject to the additional requirements for specified uses in § 120-154.
(13)
On-site cannabis consumption lounges operating entirely within an enclosed building, permitted under § 120-77A(7)(p) or specially permitted under § 120-77B(1)(h), and operating during bar hours extending after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
C.
Lot, area and yard requirements. The following lot,
area and yard requirements shall apply to the H-V District:
(1)
Lot frontage requirements.
(2)
(3)
Yard requirements.
(a)
Residential uses.
[1]
Front yards.
[Amended 7-27-2004 by Ord. No. 2004-240]
[a]
Minimum front yard setback, principal
use or structure: where applicable, the average front yard depth of
buildings on the two lots adjoining a property; or the average front
yard depth of buildings on the block on which the property is located;
or 20 feet.
[b]
Maximum front yard setback, principal
uses and structures: where applicable, the average front yard depth
of buildings of the two lots adjoining a property; or the average
front yard depth of buildings on the block frontage.
[c]
Minimum front yard setback, attached
garages and carports: the front yard of the principal use or structure
plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(4) 
Corner lot. Corner lot front setbacks on both frontages
shall be zero feet.
D.
E.
Specific standards for the H-V District. In addition
to the applicable city-wide design guidelines and standards, the following
shall apply to the H-V District:
(1)
Buildings. The proposed building, structure or use
shall not unnecessarily interfere with the passage of boats nor unnecessarily
obstruct public access to riverside parcels.
(a)
Design standards for residential buildings within
100 feet or visible from the Lake Avenue right-of-way.
[1]
Siding.
[a]
The original siding must be maintained
and, when necessary, replaced in kind.
[b]
If a secondary form of exterior
siding exists, such siding may be maintained and repaired until such
time as more than 50% of the siding requires replacement. At such
time, the original siding shall be restored or new material that matches
the original exterior siding as closely as is physically practical
shall be provided.
[2]
Windows.
[a]
All replacement windows in elevations
visible from any public right-of-way shall match the original windows
in size, type and mullion and/or muntin configuration.
[b]
Such replacement windows shall
utilize true divided lights or simulated divided lights when matching
the original mullion and/or muntin configuration.
(2)
Site.
(b)
Public access and waterfront views/vistas.
[1]
The proposed design and arrangement of the building,
structure or use shall provide for pedestrian access to and along
the waterfront and protect views of the waterfront to the maximum
extent possible.
[2]
Site development within 30 feet of the waterfront,
including the construction of buildings, structures or signage, shall
not obstruct identified views or vistas of the waterfront as listed
in the City of Rochester's Local Waterfront Revitalization Program
(LWRP).
[Added 11-25-2008 by Ord. No. 2008-384]
The Collegetown Village is intended to promote
and facilitate the transformation of the Mount Hope Avenue corridor,
primarily between Elmwood Avenue and Crittenden Boulevard, from an
area currently characterized by small-scale buildings set in expanses
of surface parking to a dense mixed-use urban center. A development
framework is proposed with established design criteria which will
facilitate new construction and the continued provision of retail,
goods and services to residents of the surrounding Upper Mt. Hope
neighborhood and employees, visitors and students of the University
of Rochester and the University Medical Center. The Collegetown Village
shall be pedestrian-oriented and bicycle friendly with lively and
vibrant street activity. Multimodal access will be encouraged. Shared
parking and vehicular access will enhance the pedestrian experience
and the intended "park once" environment.
The district shall be comprised of two areas.
|
(1)
|
Campus Center. The primary intent of the Campus
Center is to regulate the physical form of buildings within this area
to encourage the development of a dense vibrant, pedestrian-oriented,
mixed-use area.
|
|
(2)
|
Neighborhood Center. The primary intent of the
Neighborhood Center is to regulate the physical form of new buildings
within this area to ensure the continuity of development on both sides
of Mt. Hope Avenue and to provide an appropriate transition to the
adjacent residential neighborhoods.
[Amended 7-19-2011 by Ord. No. 2011-247[1]] |
 |
A.
Permitted uses.
(1)
All uses are permitted in fully enclosed buildings in the C-V District between the hours of 6:00 a.m. and 2:00 a.m., or subject to the operating hours for particular uses specified below, unless specifically listed as specially permitted or prohibited uses in this article. In addition to any specific requirements listed below, uses shall be subject to the additional requirements for specified uses set forth in Article XVIII of this chapter and the requirements applying to all districts set forth in Article XX of this chapter. The permitted use hours for:
[Amended 2-21-2012 by Ord. No. 2012-70; 11-3-2022 by Ord. No. 2022-322]
(2)
Drive-throughs subject to the following:
(a)
All drive-through components shall be located
in the rear yard;
(b)
Hours of operation shall be limited to 5:00
a.m. to 11:00 p.m.;
(c)
Solid screening shall be provided when located
adjacent to a residential use or district;
(d)
All ingress and egress shall be provided from
a rear shared access drive.
B.
Special permit uses. The following uses are allowed
as special permit uses in the C-V District:
(1)
Any use, other than a state-licensed adult-use
cannabis retail dispensary, open to the public or requiring loading/unloading
between the hours of 2:00 a.m. and 6:00 a.m., or, for on-site cannabis
consumption lounges operating during bar hours extending after 11:00
p.m.
[Amended 11-3-2022 by Ord. No. 2022-322]
(2)
Accessory outdoor seating/assembly areas operating
between the hours of 11:00 p.m. and 2:00 a.m.
[Amended 2-21-2012 by Ord. No. 2012-70]
(4)
Ancillary parking lots and garages, subject to the additional requirements for specified uses in § 120-131 and subject to the provision of a parking demand analysis containing the following:
(a)
The anticipated number of parking spaces needed
to accommodate the proposed use.
(b)
Rationale supporting the necessity for the requested
number of parking spaces.
(c)
Analysis of existing parking conditions.
(d)
The typical peak-to-daily demand of the proposed
use.
(e)
Analysis of parking demand of comparable uses.
(f)
How the proposed parking will serve other uses
in the vicinity.
C.
Prohibited uses. The following uses are prohibited
in the C-V District:
D.
Site requirements.
(1)
Off-street parking and access. In addition to the requirements of § 120-173, the following shall apply:
(a)
Parking requirement: There are no minimum parking
requirements within the C-V District.
(b)
Shared or connected access: A study shall be
provided with all new development addressing the potential for and
efforts to develop shared or connected access with adjoining properties.
The proposed site design shall not limit the future potential for
shared or connected access and parking between and among adjoining
properties.
(c)
Minimizing access points on the street: Where
vehicular access is available via a shared access drive from adjacent
properties, no new vehicular ingress or egress shall be provided on
Mt. Hope Avenue. Where substantiation is provided that shared access
is not possible, each property, in the Neighborhood Center area only,
shall be permitted a single lane for ingress/egress to and from Mt.
Hope Avenue.
(d)
Parking placement: New surface and/or structured
parking facilities shall be placed on their lots in accordance with
the following:
 |
(2)
Pedestrian and bicycle access: The C-V District
is intended to be a multimodal district, accommodating vehicular,
pedestrian and bicycle traffic.
(a)
Pedestrian: pedestrian access throughout the
site and to the right-of-way shall be provided either directly or
through shared access in all new development or redevelopment proposals.
E.
Building requirements.
(1)
Building frontage types: The following building frontage types have been identified as appropriate in certain areas within the C-V District. Specific frontage types are permitted as set forth in § 120-77.1F.
(a)
Shopfront: A building frontage wherein the facade
is aligned with the required build-to line and the building entrance
is at sidewalk grade. This type is appropriate only for retail and
commercial uses at grade level because the ground story is not raised.
It has substantial glazing on the sidewalk level and may have an awning
or canopy that extends far enough to provide adequate protection for
pedestrians.
 |
(b)
Gallery: A frontage, similar to the shopfront
type, wherein the facade is aligned with the required build-to line
with an attached lightweight roof structure or balcony supported by
columns. The gallery shall be no less than 10 feet wide and shall
overlap the sidewalk to within two feet of the curb. This type is
appropriate for retail and commercial uses at grade level.
 |
(c)
Arcade: A frontage, similar to the shopfront
type, wherein a colonnade supporting usable space overlaps the sidewalk,
while the facade at the sidewalk level remains aligned with the required
build-to line. The arcade shall be no less than 12 feet wide and shall
overlap the sidewalk to within two feet of the curb. This type is
appropriate for retail and commercial uses at grade level.
 |
(d)
Common yard: A frontage wherein the required
build-to line is set back from the sidewalk. The front yard created
remains unfenced and is visually continuous, supporting a common landscape.
The deep setback provides a buffer from high-speed thoroughfares and
a transition to adjacent open space and residential neighborhoods
with similar frontage conditions.
 |
(e)
Forecourt: A frontage wherein the main facade
of the building is at or near the required build-to line and a small
percentage is set back, creating a small court space. The space could
be used as an entry court or shared garden space for apartment buildings,
or as an additional shopping or restaurant seating area within commercial
zones.
 |
(2)
Design standards. In addition to the applicable
City-wide design guidelines and standards, the following shall apply
to the C-V District:
(a)
Building facades shall have horizontal transitions.
A horizontal transition is an architectural element, such as a cornice,
balcony, gallery, arcade or change in material that creates a distinction
between the first and second stories. Horizontal transitions are not
required in common yard or forecourt frontage types.
(b)
Building facades shall have roof lines. A roof
line is an architectural element, such as a cornice, parapet or change
in material, which creates a distinction between the top of the building
and the lower floors.
(c)
Building facades with a width of 150 feet or
more shall have vertical divisions. Vertical divisions are architectural
elements such as pilasters, changes in plane and the like that create
distinct increments of the building mass while maintaining a single
unified facade thereby avoiding large undifferentiated wall surfaces.
Divisions that create distinct and separate facades shall have a door
or entrance with public access on each separate facade.
(d)
Building facades higher than the first floor
and visible from any street shall have areas of transparency equal
to 20% but no more than 80% of the wall area on each story between
the height of three feet and nine feet above the finished floor. Windows
shall be square or vertical in orientation. Windows shall be recessed
at least four inches from the plane of the building facade if the
facade is of masonry, stucco or EIFS.
(e)
Doors or entrances providing public access shall
be provided at intervals of no less than 100 feet unless otherwise
approved in site plan review. Entrances shall remain unlocked during
regular business hours. This requirement is not applicable to common
yard or forecourt building frontage types.
(f)
In galleries and arcades as well as balconies
and similar appurtenances, the distances between columns and piers
shall not exceed their height.
(g)
Buildings located at the specified corners indicated
in the building placement standards shall have a corner feature. A
corner feature is an architectural element that tends to emphasize
a building's relationship to a corner, including, but not limited
to, chamfered corners, rounded corners, vertical elements, special
roof forms or a plaza or other open space.
(i)
Buildings in the C-V District shall be built
at the build-to-line (BTL). The build-to-line (BTL) is a line, generally
close to and parallel to a thoroughfare, to which buildings must be
constructed. It is intended to create a consistent line of buildings.
Building element recesses from the BTL in order to allow for articulation
of the facade shall be considered to be in compliance. Protuberances
such as bay windows, balconies, canopies, marquees, awnings and signage
may be constructed in front of the BTL.
F.
Specific standards for the C-V District areas.
(1)
Campus Center standards.
(a)
Building frontage types: All aforementioned
building frontage types are permitted in the Campus Center subject
to the following:
[1]
The shopfront building frontage
is permitted to front on Mt. Hope Avenue, the new private street being
proposed in Campus Center, Elmwood Avenue (as part of a building fronting
on Mt. Hope Avenue) and Crittenden Boulevard (as part of a building
fronting on Mt. Hope Avenue).
[2]
The gallery frontage type is permitted
to front on the new private street being proposed in Campus Center.
[3]
The arcade frontage type is permitted
to front on the new private street being proposed in Campus Center.
[4]
The common yard frontage type is
permitted to front on Elmwood Avenue, Crittenden Boulevard and the
new private street being proposed in Campus Center.
[5]
The forecourt frontage type is
permitted to front on Elmwood Avenue, Crittenden Boulevard, and the
new private street being proposed in Campus Center, but forecourt
frontage type buildings shall not be closer than 500 feet to each
other.
(b)
Building placement: New buildings shall be placed
on their lots in accordance with the following:
 |
|
Building Placement - Campus Center
Build-To Line (distance from front property
line)
| ||
|---|---|---|
|
A
|
Mt. Hope Avenue
|
0 feet to 5 feet
|
|
Elmwood Avenue
|
20 feet
| |
|
Crittenden Boulevard
|
20 feet
| |
|
New private street in Campus Center
|
At back edge of sidewalk
| |
|
Setback (distance from property line)
| ||
|
B
|
Side
|
0 feet
|
|
C
|
Rear
|
0 feet
|
|
Building Form
| ||
|
D
|
Primary street facade built to BTL
|
80% minimum
|
|
E
|
Corner feature
|
75-foot maximum at Elmwood Avenue and Crittenden
Boulevard
50-foot maximum at the proposed street
|
(c)
Building height and bulk: New buildings shall
conform to the minimum and maximum heights and other requirements
as shown below:
 |
|
Height - Campus Center
| ||
|---|---|---|
|
F
|
Building minimum
|
2 stories
|
|
G
|
Maximum to Stepback
|
4 stories (except at corner feature)
|
|
H
|
Building maximum
|
15 stories
|
|
I
|
Stepback minimum
|
30 feet
|
|
J
|
Finish ground floor level
|
6 inches maximum above sidewalk
|
|
K
|
First floor ceiling height
|
12-foot minimum clearance
|
|
L
|
Upper floor(s) ceiling height
|
8-foot minimum clearance
|
|
M
|
Arcade maximum height
|
3 stories
|
(2)
Neighborhood Center standards.
(a)
Building frontage type:
[1]
South of Elmwood Avenue: The shopfront
building frontage type, as described above, is permitted to front
on Mt. Hope Avenue, Elmwood Avenue (as part of a building fronting
on Mt. Hope Avenue) and Fort Hill Terrace (as part of a building fronting
on Mt. Hope Avenue) and Crittenden Boulevard (as part of a building
fronting on Mt. Hope Avenue).
[2]
North of Elmwood Avenue: The shopfront
building, forecourt, and common yard frontage types, as described
above, are permitted.
(b)
Building placement: New buildings shall be placed
on their lots in accordance with the following:
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|
Building Placement - Neighborhood Center
Build-To Line (distance from front property
line)
| ||
|---|---|---|
|
A
|
Mt. Hope Avenue
|
Bartholomew line
|
|
Cook Street
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0 feet to 5 feet
| |
|
Elmwood Avenue
|
0 feet to 5 feet
| |
|
Fort Hill Terrace
|
0 feet to 5 feet
| |
|
Crittenden Boulevard
|
0 feet to 5 feet
| |
|
East Henrietta Road
|
0 feet to 5 feet
| |
|
Raleigh Street
|
0 feet to 5 feet
| |
|
Rossiter Road
|
0 feet to 5 feet
| |
|
Rosemount Street
|
0 feet to 5 feet
| |
|
Setback (distance from property line)
| ||
|
B
|
Side
|
0 feet
|
|
C
|
Rear
|
20 feet
|
|
Building Form
| ||
|
D
|
Primary street facade built to BTL
|
80% minimum
|
|
E
|
Corner feature
|
50 feet maximum at Elmwood Avenue, Crittenden
Boulevard, Fort Hill Terrace and East Henrietta Road 50 feet maximum
opposite new private street
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(c)
Building height and bulk: New buildings shall
conform to the minimum and maximum heights and other requirements
as shown below:
 |
|
Height - Neighborhood Center
| ||
|---|---|---|
|
F
|
Building minimum
|
24 feet
|
|
G
|
Building maximum
|
4 stories
|
|
H
|
Finish ground floor level
|
6 inches maximum above sidewalk
|
|
I
|
First floor ceiling height
|
12-foot minimum clearance
|
|
J
|
Upper floor(s) ceiling height
|
8-foot minimum clearance
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G.
Signage. Signage in the C-V District shall be regulated by the provisions for signs in the C-2 District set forth in § 120-177D of the chapter except for the following: an alternative sign program which is defined as an imaginative, effective, visually compatible plan for all signs on a property or a number of properties which may be submitted by a property owner(s) containing provisions different from the requirements in § 120-177, Subsections D through F, listed in this chapter. The intent of this provision is to allow for creative responses to site-specific conditions or uses and may be approved by the Manager of Zoning through the site plan review process upon referral to the Project Review Committee. The applicant(s) shall submit graphic and written information indicating why the signage does not comply with existing sign regulations in using the alternative sign program. In no case shall the regulations of this chapter pertaining to advertising signs be altered or changed through the use of the alternative sign program.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
H.
Review and approval process.
(1)
Construction of any new building or addition in the C-V District that does not comply with City-wide design standards, the C-V design standards or requirements relating to building placement or the construction of a drive-through shall be categorized as a major site plan and subject to the requirements set forth in § 120-191 of this chapter. The Manager of Zoning may waive the requirements of the C-V District through the site plan approval process upon a determination that a project is in substantial compliance with the overall intent and purpose of the Collegetown District except for the following:
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
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Building and parking placement;
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Height;
|
|
First floor transparency that deviates more
than 20% from the first floor transparency; and
|
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Drive-through use requirements and other use
limitations.
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(2)
The City Planning Commission may waive all the
requirements of the C-V District relative to special permit uses upon
a determination that a project is in substantial compliance with the
overall intent and purpose of the Collegetown District.
[1]
Editor’s Note: This ordinance provided an effective
date of 9-1-2011.
[Added 5-22-2012 by Ord. No. 2012-198]
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Purpose. This section provides regulatory standards governing
building form, land use and new public open spaces within the Marina
District (M-D). This district was created in response to the opportunities
for major improvements to the Port of Rochester area that will be
made possible by the construction of a new marina, the extension of
River Street and the reconfiguration and reconstruction of other existing
streets and blocks. The Marina District will be the next chapter in
Charlotte's history as a lakeshore resort community. The ultimate
goal of the Marina District code is to foster the creation of a district
that will attract visitors because it is distinctive and memorable
and will endure because it is valued by residents and visitors alike.
This section incorporates a form-based code intended to govern the
development of Parcels I and II and the Terminal Building site, which
have been designated for private development. In the Marina District,
the primary emphasis is placed upon the physical form of buildings,
civic spaces and placemaking. While land uses are regulated, they
are a secondary focus within this district. The Marina District is
intended to be independent of any conflicting provisions of the Zoning
Code. Any provision of the Zoning Code that conflicts with any provision
of this section is not applicable within the Marina District. The
principal components of the code are described herein:
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The Regulating Plan is the key to the Marina District form-based
code. It indicates the building types and frontage types permitted
for each parcel and provides other specific information necessary
to create the physical form and character desired for the Marina District.
The building envelope standards establish the minimum and maximum
three-dimensional spatial envelope within which a building may be
constructed, as well as requirements for a limited number of permitted
or required building elements, such as storefronts and windows. There
are general provisions applicable to all buildings as well as specific
standards for each frontage type and building type. The intent of
the building envelope standards is to shape public space through placement
and envelope controls on buildings that frame public rights-of-way
and open spaces. The building envelope standards also provide for
uses that are permitted on ground stories and in upper stories correlated
to each building type and frontage type.
The building function standards establish categories of uses
that are permitted anywhere within the Marina District, categories
that are specially permitted and categories that are prohibited.
The civic square standards establish the basic parameters governing
the required civic square on Parcel I.
The parking and loading standards establish the basic parameters
governing the placement of and access to parking facilities. The standards
include requirements for permanent parking created in conjunction
with new buildings, interim surface parking on undeveloped portions
of Parcels I and II and bicycle parking.
The architectural standards are intended to provide a minimal
level of quality and to promote a coherent character throughout the
Marina District. The architectural standards govern each building's
elements, regardless of building or frontage type, and set parameters
for acceptable materials, configurations and techniques.
The review and approval process includes procedures for the
approval of proposed developments that are not fully compliant with
the requirements of the Marina District form-based code. All proposed
developments that are fully compliant will be approved administratively.
Words and/or terms used in this section that are not defined in § 120-208 or have a different definition than that shown in § 120-208 are included in this section. Such words and/or terms will appear in the text of § 120-77.2 in a small capitals format.[1]
A.
Regulating Plan.
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|
B.
Building envelope standards. Intent. The primary intent of the building
envelope standards is to define and shape street and civic spaces
in order to create a vital and coherent public realm. The interface
of private building frontages with public thoroughfares and civic
spaces shapes the public realm and is the principal focus of the building
envelope standards.
(1)
General provisions. The following provisions are applicable
to the building envelope standards for each frontage type and building
type unless otherwise indicated within the standards for each type:
(a)
Adjacencies.
[1]
Side by side. Where the Regulating Plan indicates
abutting building types and the boundary line is perpendicular to
the required build-to line (RBL), the boundary between each building
type may be located between 50 feet and 100 feet from the block corner.
No side yard is required, and buildings may abut each other with no
break in the continuity of the building facades.
(a)-1 Side by side.tif.png "_120-77.2B(1)(a)-1 Side by side.tif")
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[2]
Back to back. Where the Regulating Plan indicates
abutting building types and the boundary line is parallel to and does
not intersect with the RBL, the boundary between each building type
may be located between 50 and 125 feet from the RBL on either side.
Rear yards shall be provided on either or both sides of the building
type boundary such that the minimum distance between rear building
walls is 50 feet. This requirement is not applicable where there is
structured parking or other nonhabitable space located behind the
parking setback line but is applicable to portions of the building
located above such a structure.
(a)-2 Back to Back.tif.png "_120-77.2B(1)(a)-2 Back to Back.tif")
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(b)
Height measurement.
[1]
The height of all buildings is measured in stories
unless otherwise indicated in the building envelope standards for
each building type;
[2]
An attic story is not included in the height measurement
and may be added to the maximum height of a building, unless otherwise
indicated in the building envelope standards for each building type;
[3]
Mezzanines with an area greater than 1/3 of the
floor area of the story in which they are located shall be counted
as a full story in the height measurement.
(c)
Siting. (Provisions of this section are applicable to Parcels
I and II only. See § 120-77.2B(3)(d)[3] for the siting requirements
for the Terminal Building.)
[1]
The building facade shall be built to the required
build-to line (RBL) within 30 feet of a block corner or a chamfered
or rounded corner;
(c)-1 Block Corner.tif.png "_120-77.2B(1)(c)-1 Block Corner.tif")
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[2]
Blank lengths of wall exceeding 20 linear feet
are prohibited on all RBLs;
[3]
A street wall not less than six feet nor more than
12 feet in height shall be required along any RBL that is not occupied
by a building facade. The street wall shall be located no more than
24 inches behind the RBL;
[4]
The parking setback line is located 30 feet behind
the RBL and extends vertically as a plane. In permanent parking facilities,
vehicle parking shall be located behind the parking setback line except
where provided completely below grade;
[5]
Corner lots and through lots shall comply with
the RBL requirements for their full frontages on all streets and the
required civic square unless otherwise specified.
(d)
Exceptions to the required build-to line (RBL). (Provisions
of this section are applicable to Parcels I and II only. See § 120-77.2B(3)(d)[3]
for comparable requirements for the Terminal Building.)
[1]
The building facade may include variations that
project or recess from the RBL up to 24 inches;
[2]
Storefront assemblies (doors, display windows,
bulkheads and associated framing) may be recessed behind or project
beyond the RBL by up to 24 inches, and storefront entrances may be
recessed from the storefront assembly;
[3]
Within 20 feet of the block corner, the ground
story facade may be chamfered to form a corner entry;
(d)-3 Chamfered Corner.tif.png "_120-77.2B(1)(d)-3 Chamfered Corner.tif")
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[4]
Within 20 feet of the block corner, the ground
story facade may be curved to form a rounded corner;
(d)-4 Rounded Corner.tif.png "_120-77.2B(1)(d)-4 Rounded Corner.tif")
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[5]
Entry forecourts may be created by recessing the
facade for a portion of the RBL. A forecourt shall be at least 10
feet by 10 feet. A fence or wall no higher than three feet, with a
pedestrian opening, may be provided to define the space of the court.
Only one forecourt per parcel is permitted to front on any street
or the required civic square except in Parcel I, one forecourt per
street or civic square is permitted north of the civic square and
south of the civic square. Forecourts shall be located at least 50
feet from the block corner or a chamfered or rounded corner;
(d)-5 Forecourt.tif.png "_120-77.2B(1)(d)-5 Forecourt.tif")
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[6]
Upper stories may be set back from the RBL. Except
where there are porches and/or balconies at the block corner, upper-story
setbacks shall be located at least 50 feet from the block corner or
chamfered or rounded corner;
[7]
Ground stories along noncommercial frontages may
be set back from the RBL as needed to accommodate porches and/or stoops;
[8]
Where the RBL follows the curvature of a street,
the building facade may be located anywhere within the area formed
by straight extensions of the RBL from each end of the curve. All
other exceptions to the RBL may be utilized in this portion of the
building facade;
(d)-8 Curvature.tif.png "_120-77.2B(1)(d)-8 Curvature.tif")
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[9]
Projecting facade elements in compliance with § 120-77.2F(6).
(2)
Frontage types. The frontage types describe the ground-story
condition and may be paired with any building type. Either frontage
type may be located anywhere within the Marina District except that
only the commercial frontage type is permitted where mandatory commercial
frontage is designated on the Regulating Plan.
(a)
Commercial. Commercial frontages are specifically designed to
be suitable for retail, restaurant, service and similar uses that
encourage a substantial amount of pedestrian interaction with the
public thoroughfare. They are characterized by substantial storefront
windows with closely spaced entrances from the street. They may have
projecting facade elements over the sidewalk such as awnings, canopies
or galleries.
[1]
Ground story floor elevation: maximum 18 inches
above the average sidewalk elevation at the required build-to line
(RBL) or the required frontage zone (RFZ); where sidewalks are sloped,
elevation may exceed 18 inches but may not exceed three feet above
the sidewalk;
[2]
Minimum ground story height: 12 feet clear (floor
to ceiling) contiguous to the RBL or RFZ frontage for a minimum depth
of 15 feet;
[3]
Fenestration. The primary ground story facade shall
have areas of transparency equal to at least 50% but no more than
90% of the facade area of the ground story. Storefront bulkheads shall
have a maximum height of 30 inches above finished floor;
(a)-3 Commercial Frontage.tif.png "_120-77.2B(2)(a)-3 Commercial Frontage.tif")
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[4]
Maximum distance between entrances. Doors or entrances
with public access to ground story spaces shall be provided at intervals
of not less than 75 feet. Entrances shall remain unlocked and available
for public use during regular business hours;
[5]
Sidewalk. The space between the public right-of-way
boundary and the RBL shall be paved so as to become an extension of
the public sidewalk. Paving materials shall match or complement the
sidewalk. Asphalt and gravel paving are not permitted;
[6]
Use. Residential uses, including lodging, are not
permitted on the ground story except for lobbies and associated common
spaces.
(b)
Noncommercial. Noncommercial frontages are suitable for residential,
lodging, office and other uses that do not depend on a substantial
amount of pedestrian interaction with the public thoroughfare. They
are characterized by smaller windows and are elevated above the sidewalk
level in order to reduce views into the interior spaces from the sidewalk.
Entrances may be spaced farther apart.
[1]
Ground story floor elevation (where there are residential
uses, including lodging): minimum three feet above the average sidewalk
elevation at the required build-to line (RBL) or the required frontage
zone (RFZ); where sidewalks are sloped, elevation may be minimum two
feet and maximum six feet above the sidewalk;
(b)-1 Non-Commercial Frontage.tif.png "_120-77.2B(2)(b)-1 Non-Commercial Frontage.tif")
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[2]
Ground story floor elevation (where there are nonresidential
uses): maximum 18 inches above the average sidewalk elevation at the
RBL or RFZ; where sidewalks are sloped, elevation may exceed 18 inches
but may not exceed three feet above the sidewalk;
[3]
Minimum ground story height. The ground story shall
have at least nine feet of clear interior height (floor to ceiling);
[4]
Fenestration. The primary ground story facade shall
have areas of transparency equal to at least 25% but no more than
50% of the total facade area of the ground story, with each facade
area calculated independently;
[5]
Sidewalk. The space between the public right-of-way
boundary and the RBL may be paved so as to become an extension of
the public sidewalk or may be landscaped so as to become a buffer
between the building and the street. Paving materials shall match
or complement the sidewalk. Asphalt and gravel paving are not permitted;
[6]
Use. Although this frontage type is best suited
to residential or low-intensity noncommercial uses, any use allowed
within the Marina District is permitted.
(3)
Building types. The Regulating Plan indicates permitted locations
for each building type. For each building type there is a set of building
envelope standards that are intended to achieve the desired built
form and pedestrian orientation of the Marina District.
(a)
Type A, Low-Rise Block.
(a) Type A Low Rise Block1.tif.png "_120-77.2B(3)(a) Type A Low Rise Block1.tif")
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This building type is limited in height in order to preserve
views of the harbor from the Lighthouse Trail and views of the lighthouse
from the marina area. This building type may include attached single-family
dwellings (townhouses) or other small-scale buildings and may have
commercial or noncommercial frontages. This building type is permitted
on Parcel II.
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(a) Type A Low Rise Block2.tif.png "_120-77.2B(3)(a) Type A Low Rise Block2.tif")
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[1]
Siting. Building facades fronting on Corrigan Street
shall be built to the required build-to line (RBL) for at least 50%
of the RBL length along that block. Building facades fronting on North
River Street shall be built to the RBL for at least 85% of the RBL
length along that block. Exceptions to the RBL in compliance with
§ 120-77.2B(1)(d) are included within the minimum facade
length;
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[2]
Building height: minimum one story, 18 feet from
average sidewalk elevation to eave or top of cornice or parapet; maximum
two stories, one additional story is permitted within the northernmost
50% of the area designated on the Regulating Plan for this building
type;
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[3]
Upper-story fenestration. Primary facades and facades
visible from any street or open space shall have areas of transparency
equal to at least 25% but no more than 50% of the total facade area,
with each facade area calculated independently;
[4]
Use. Nonresidential uses are prohibited above residential
uses.
(b)
Type B, Mid-Rise Block.
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The Mid-Rise Block is the basic background building that forms
most of the fabric in neighborhood, town and village centers across
the United States. The primary form is that of a two- or more story
building placed directly adjacent to or in very close proximity to
the sidewalk. Mid-rise block buildings may or may not have commercial
frontage on the ground story. Mid-rise block buildings typically house
a wide range of uses and can be adapted to change their functions
over time. Such buildings may be devoted to a single use or may have
multiple uses. This range of uses will contribute to the vitality
that is desired for the Marina District. This building type is permitted
on Parcels I and II.
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[1]
Siting. Building facades fronting on Portside Drive
and Corrigan Street shall be built to the required build-to line (RBL)
for at least 50% of the RBL length along those blocks. Building facades
fronting on Lake Avenue, North River Street and the required civic
square shall be built to the RBL for at least 100% of the RBL length
along those blocks. Exceptions to the RBL in compliance with § 120-77.2B(1)(d)
are included within the minimum facade length;
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[2]
Building height: minimum two stories; two-story
buildings shall have a minimum clear height from the ground story
floor to the second story ceiling of 30 feet; maximum four stories
at Lake Avenue, five stories at North River Street; up to two additional
stories permitted at block corners or center of building mass up to
25% of building footprint;
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[3]
Upper-story fenestration. Primary facades and facades
visible from any street or open space shall have areas of transparency
equal to at least 25% but no more than 50% of the total facade area,
with each facade area calculated independently;
[4]
Use. Nonresidential uses are prohibited above residential
uses, except in buildings exceeding three stories in height, recreational
facilities associated with the residential use may be located on the
uppermost story.
(c)
Type C, Tower Block.
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This building type allows taller buildings to be constructed
above a "podium" or base. The podium is similar to the mid-rise block,
with the same relation to the street. The tower above is required
to be stepped back from the facade of the podium to maintain the scale
of the buildings along the required build-to line (RBL), increase
the amount of sunlight reaching the sidewalk and minimize the apparent
bulk of the tower from the street. This building type is permitted
on Parcel I.
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[1]
Podium siting. Podium facades fronting on Portside
Drive and Corrigan Street shall be built to the RBL for at least 50%
of the RBL length along those blocks. Podium facades fronting on Lake
Avenue, North River Street and the required civic square shall be
built to the RBL for at least 100% of the RBL length along those blocks.
Exceptions to the RBL in compliance with § 120-77.2B(1)(d)
are included within the minimum facade length;
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[2]
Tower siting. One or more towers may be constructed
above a podium, provided that they comply with the following:
[a]
Towers shall be stepped back at least 30 feet from
the RBL above the maximum height of the podium;
[b]
Tower facades shall be substantially parallel to
the RBL;
[c]
The aggregate building footprint of the towers
above the maximum height of the podium shall not exceed 40% of the
building footprint of the podium;
[d]
Where there is more than one tower or where there
is a U- or H-shaped tower building footprint, the minimum distance
between parallel building walls shall be 75 feet;
[e]
The top two stories (not including stories contained
within a pitched roof) shall employ stepbacks, roof forms such as
spires, cupolas or belvederes or other configurations or techniques
to create a distinctive roof profile.
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[3]
Building height:
[a]
Podium: minimum two stories; two-story podiums
shall have a minimum clear height from the ground story floor to the
second story ceiling of 30 feet; maximum four stories at Lake Avenue,
five stories at North River Street;
[b]
Overall building height: maximum 12 stories at
Lake Avenue, 13 stories at North River Street; up to two additional
attic stories permitted in a tower if contained within a single pitched
roof with dormers.
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[4]
Upper-story fenestration. Primary facades and facades
visible from any street or open space shall have areas of transparency
equal to at least 25% but no more than 50% of the total facade area,
with each facade area calculated independently;
[5]
Use. Nonresidential uses are prohibited above residential uses, except that recreational facilities associated with the residential use and/or restaurants may be located on the top two stories, the uppermost story or the first story above the podium and may utilize outdoor space above the podium. Bars, cocktail lounges and taverns as defined in § 120-208 and nightclubs as defined in Section 202 of the Existing Building Code of New York State are prohibited from these locations.
(d)
Existing buildings. The Terminal Building is the only existing
building of significance within the Marina District. This section
governs demolition, exterior alterations and additions to this structure.
[1]
Demolition. Demolition of any portion of the Terminal
Building except additions south of the original south building wall
shall be prohibited;
[2]
Exterior alterations. Significant architectural
features, including but not limited to original exterior wall finishes,
the second story open veranda, the clock tower, decorative cornices,
windows, doors, trim around openings, railings, storefronts and any
significant decorative features, shall be maintained;
[3]
Addition siting. An addition may be constructed
within the area indicated on the Regulating Plan. The building facade
of the first two stories shall occur entirely within the required
frontage zone (RFZ) indicated on the Regulating Plan, with the following
exceptions permitted:
[a]
The building facade may include variations that
project beyond the outside boundary of the RFZ up to 24 inches;
[b]
Storefront assemblies (doors, display windows,
bulkheads and associated framing) may project beyond the outside boundary
of the RFZ by up to 24 inches;
[c]
Awnings, canopies and galleries may project beyond
the outside boundary of the RFZ;
[4]
Addition parking setback line. The parking setback
line shall be located 30 feet behind the building facade wall of any
addition;
[5]
Addition height: maximum two stories for primary
addition; 75% of building footprint may be up to one additional story,
provided that this portion of the building occurs within the 85% of
the building footprint farthest from the existing Terminal Building;
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[6]
Upper-story fenestration. Primary facades and facades
visible from any street or open space shall have areas of transparency
equal to at least 25% but no more than 50% of the total facade area,
with each facade area calculated independently;
[7]
The architectural standards in § 120-77.2F are not applicable to the Terminal Building. The Manager of Zoning shall refer all proposed exterior alterations and/or additions to the Project Review Committee for recommendations and shall approve or disapprove the proposals based on those recommendations.
[Amended 6-20-2017 by Ord. No. 2017-170]
C.
Building function (use) standards. Intent. This section establishes
permitted, specially permitted and prohibited uses within the Marina
District. In order to maximize the liveliness, vitality and pedestrian
character of the district, most uses are permitted as of right. Uses
that are detrimental to the pedestrian character of the district are
generally prohibited. The building envelope standards contain additional
requirements pertaining to mixed uses within buildings.
(1)
Permitted uses. All uses are permitted in fully enclosed buildings in the Marina District unless listed as specially permitted or prohibited uses in this section. In addition to any specific requirements listed below, uses shall be subject to the additional requirements for the specified uses set forth in Article XVIII of this chapter.
(2)
Permitted outdoor uses.
[Amended 11-3-2022 by Ord. No. 2022-322]
 Permitted Outdoor Uses.tif.png "_120-77.2C(2) Permitted Outdoor Uses.tif")
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(a)
Accessory outdoor seating areas without background music or
entertainment, but not accessory to retail sales and service establishments
licensed by New York State as adult-use cannabis retail dispensaries
or as on-site cannabis consumption lounges;
(b)
Accessory display of merchandise during business hours, but
not accessory to retail sales and service establishments licensed
by New York State as adult-use cannabis retail dispensaries or as
on-site cannabis consumption lounges;
(c)
Walk-up service windows, but not for retail sales and service
establishments licensed by New York State as adult-use cannabis retail
dispensaries or as on-site cannabis consumption lounges;
(d)
Permanent parking constructed in accordance with § 120-77.2E(1).
(3)
Specially permitted uses. The following uses are allowed as
special permit uses in the Marina District:
(a)
Outdoor entertainment;
(b)
Interim parking constructed in conformance with §§ 120-77.2E(2)
and 120-173F. Special permits for interim parking shall be subject
to renewal every five years. Each renewal application shall be subject
to a marketability analysis demonstrating that the site cannot be
developed based on the following standards:
[1]
The site is not marketable for development in accordance
with the intent of the Marina District as demonstrated by at least
one of the following factors:
[2]
Standards indicating the type of information required
to document conformance with each of the aforementioned standards
shall be as adopted from time to time by the Planning Commission.
(c)
On-site cannabis consumption lounges in fully enclosed buildings
operating during bar hours after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
(4)
Prohibited uses. The following uses are prohibited in the Marina
District:
(a)
Homeless shelters;
(b)
Rooming houses;
(c)
Sexually oriented businesses;
(d)
Uses not in a fully enclosed building or not permitted by § 120-77.2C(2);
(e)
Any use that would meet the definition of a manufacturing use as per § 120-208 of the Zoning Code;
(f)
Drive-throughs;
(g)
Vehicle-related uses, including car washes, vehicle service
stations, vehicle sales, vehicle repair, including commercial vehicle
repair, and vehicle rental services, except vehicle rental or sharing
services in which vehicles are stored in permanent parking facilities
constructed in accordance with § 120-77.2E(1), vehicle service
takes place outside the Marina District and offices are located in
a fully enclosed building;
(h)
Funeral homes;
(j)
Recycling centers.
(5)
Operating hours.
[Added 11-3-2022 by Ord. No. 2022-322]
(a)
The operating hours of retail sales and service establishments licensed
by New York State as adult-use cannabis retail dispensaries shall
be restricted to liquor store hours.
(b)
The operating hours of on-site cannabis consumption lounges shall
be restricted to bar hours and no later than 11:00 p.m., unless extended
in accordance with a special permit.
D.
Civic square standards.
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Intent. These standards are applicable to the required civic
square indicated on the Regulating Plan on Parcel I. The square will
be the principal pedestrian connection between Lake Avenue and River
Street and the marina. It will be an active pedestrian center and
a major focal point within the Marina District. In order to facilitate
pedestrian activity, most of the square will have paved surfaces.
The use of pervious paving materials to allow oxygen for tree roots
and to absorb stormwater runoff is encouraged.
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(1)
Location and dimensions. The civic square shall extend from
the Lake Avenue public right-of-way to the River Street public right-of-way
as shown on the Regulating Plan subject to the following requirements:
(2)
Pavements. At least 65% of the surface area of the civic square
shall be paved. Any type of unit pavers or concrete pavement, excluding
stamped concrete, is permitted. Asphalt paving, excluding hexagonal
asphalt pavers, is prohibited.
(3)
Trees. The use of trees to shade portions of the civic square
is encouraged. Trees shall be of deciduous species.
(4)
Clear views. To maximize views, and to ensure public safety,
there shall be a clear view zone between two feet and eight feet above
grade. Tree trunks, streetlights, kiosks, fountains, public art or
monuments are permitted to be within the clear view zone. The foliage
of newly planted trees may be within the clear view zone until the
tree has sufficient growth to allow the removal of branches below
eight feet.
(5)
Slope. The civic square shall be designed in compliance with
the most current ADA Standards for Accessible Design.
E.
Parking and loading standards. Intent. This section establishes standards
for the placement of and access to permanent vehicular parking facilities
associated with buildings and interim vehicular parking that may be
located on Parcels I and II until those parcels are developed. It
also establishes standards for short- and long-term bicycle parking
and loading areas.
(1)
Permanent parking facilities.
(a)
All parking provided for users of a particular building shall
be provided on the site of that building.
(b)
Permanent parking facilities, except for those that are completely
below grade, shall be located no closer to the public right-of-way
than the required parking setback line indicated on the Regulating
Plan.
(c)
A maximum of one ingress and one egress lane to permanent parking
facilities is permitted within each allowable area designated on the
Regulating Plan. Ingress/egress driveways shall be located at least
50 feet from block corners. Combined in/out driveways shall have a
maximum width of 22 feet. Separate in and out driveways shall have
a maximum width of 11 feet each.
(d)
Openings in any building facade for parking garage entries shall
have a maximum clear height no greater than 12 feet and a clear width
no greater than 12 feet for single-width openings or 24 feet for double-width
openings;
(e)
The height of parking structures shall not exceed the height
of adjacent liner buildings constructed between the parking facility
and the required build-to line. There is no minimum height for parking
structures.
(g)
A minimum of 15% of parking spaces provided for building residents
shall be provided with facilities capable of recharging the batteries
of electric and plug-in hybrid vehicles. All parking spaces provided
for residents shall be capable of having recharging facilities added
in the future.
(2)
Interim parking facilities.
(a)
Paved parking facilities may be specially permitted to be temporarily located on undeveloped portions of Parcels I and II until such time as these parcels are developed. Interim parking facilities shall be constructed in accordance with this section and with § 120-173F. Such parking facilities shall be available for public use.
(b)
Interim parking facilities shall be set back at least 15 feet
from the public right-of-way.
(c)
Ingress and egress to interim parking facilities shall be located
within the allowable areas designated on the Regulating Plan where
possible. Where the allowable access areas are not available, ingress
and egress locations shall be approved by the Manager of Zoning. Combined
in/out driveways shall have a maximum width of 22 feet. Separate in
and out driveways shall have a maximum width of 11 feet each.
[Amended 6-20-2017 by Ord. No. 2017-170]
(e)
The parking setback area shall be provided with minimal landscape
treatment such as grasses or ground cover. Mulch is not an acceptable
landscape treatment except when used to protect plantings. Trees are
not required in the parking setback.
(3)
Bicycle parking.
(a)
The Marina District is located at the northern terminus of the
Genesee River trail system. This location and the need to provide
for and encourage nonmotorized transportation make the provision of
facilities for bicyclists a high priority. A significant amount of
bicycle parking will be provided within public rights-of-way. This
section sets forth minimum requirements for short-term and long-term
bicycle parking on private development parcels.
(b)
Short-term bicycle parking shall be provided in the required
civic square and on the grounds of the Terminal Building. Short-term
bicycle parking may be provided in interim parking facilities constructed
in accordance with § 120-77.2E(2) and in other exterior
locations in Parcels I and II. Short-term bicycle parking facilities
shall comply with the following:
[1]
Each bicycle parking space shall be accessible
without moving another bicycle, and its placement shall not result
in a bicycle obstructing a required walkway;
[2]
Bicycle racks may be installed in the public right-of-way
subject to the approval of the Department of Environmental Services;
[3]
Each bicycle parking space shall permit the locking
of the bicycle frame and one wheel to the rack and shall support the
bicycle in a stable position without damage to the wheels, frame or
components;
[4]
A minimum of 10 spaces shall be provided in the
required civic square;
[5]
A minimum of two spaces plus one additional space
for each 5,000 square feet of retail space, 10,000 square feet of
assembly space or 15,000 square feet of office space shall be provided
on the Terminal Building grounds in conjunction with any new development
outside of the existing terminal building.
(c)
Long-term bicycle parking facilities for residents in buildings
with residential dwelling units shall be provided in compliance with
the following:
[1]
Facilities shall be enclosed, secure and protected
from the weather;
[2]
Facilities shall be located on the ground story,
between the required build-to line (RBL) or required frontage zone
(RFZ) and the parking setback line or behind the parking setback line,
and have direct access to a public right-of-way;
[3]
Facilities shall be internally connected to the
residential dwelling units;
[4]
Each bicycle parking space shall be accessible
without moving another bicycle, and its placement shall not result
in a bicycle obstructing a required walkway;
[5]
Each bicycle parking space shall permit the locking
of the bicycle frame and one wheel to the rack and shall support the
bicycle in a stable position without damage to the wheels, frame or
components;
[6]
A minimum of one space for every five bedrooms
shall be provided.
(4)
Loading facilities.
(a)
Access to loading areas, including dumpsters, shall be located
within the allowable areas designated on the Regulating Plan. Except
when located within a fully enclosed building, loading docks and dumpsters
shall be located no closer to the public right-of-way than the required
parking setback line indicated on the Regulating Plan. All loading
docks and dumpsters shall be set back a sufficient distance from the
public right-of-way to allow service vehicles to park entirely behind
the required build-to line.
(b)
Driveways shall have a maximum width of 12 feet.
F.
Architectural standards and guidelines. Intent. This section establishes standards and guidelines for new construction within the Marina District to ensure that new development establishes a minimum level of architectural quality and positively contributes to the public realm. No particular architectural style is mandated or prohibited; rather the architectural standards and guidelines are intended to promote harmony and help the district coalesce into a unified place. This section includes both mandatory standards and advisory guidelines. The advisory guidelines are intended to provide insight into some of the desired characteristics of the district, while the standards set the minimum requirements for architectural quality. The mandatory standards are applicable to building elements that are clearly visible from the street or any civic space. This includes all public streets and civic spaces within the Marina District and adjoining the Marina District but does not include parking areas located in accordance with § 120-77.2E. Advisory guidelines are printed in italics. Mandatory standards
are printed in normal font. The architectural standards and guidelines
are organized as follows:
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(1)
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Context and architectural character.
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(2)
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Composition and articulation.
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(3)
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Building facade walls.
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(4)
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Wall openings.
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(5)
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Roofs.
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(6)
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Projecting facade elements.
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(7)
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Signage.
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(1)
Context and architectural character.
 Context and Arch Char1.tif.png "_120-77.2F(1) Context and Arch Char1.tif")
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Where there is little context to relate to, the proper
response is to create a new and worthy context. To achieve this goal,
new buildings should establish an architectural character and pattern
from which future development can take its cues. The creation of a
unified, harmonious district is more important than the individual
building. To this end, an "architecture of place" is preferred over
an "architecture of our time." Charlotte's past as a resort community
included fantastical amusement park structures and hotels, which helped
make Charlotte a distinctive and memorable place. Charlotte's lost
historic buildings are part of a living tradition, which included
buildings that spanned the vernacular to classical spectrum, from
simple wood frame structures to elaborate masonry and stucco buildings
rendered in exotic architectural styles. The standards and guidelines
that follow are largely based upon principles that underlie this living
tradition. The intent is not to replicate historic buildings but to
encourage a range of architectural expressions that will once again
establish Charlotte and the Marina District as a distinctive and memorable
place.
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 Context and Arch Char2.tif.png "_120-77.2F(1) Context and Arch Char2.tif")
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(2)
Composition and articulation. It is likely that most
of the buildings in the Marina District will be constructed at a larger
scale, both horizontally and vertically, than any previous buildings
in Charlotte. Large structures can be monolithic, monotonous, and
lacking in human scale. This can be avoided through principles of
composition and proportion.
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Each composition should be conceived as a whole assembled
from composite parts, which in turn are wholes composed of smaller
parts;
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•
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Each building mass and facade composition should have
a strong focus or center. The focus need not be at the geometric center
of the composition, and the composition need not be symmetrical;
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•
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Each composition should have a readily definable base,
middle and top and left, middle and right;
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•
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Parts of the composition should be joined by transitional
elements that both separate and link adjacent parts;
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•
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Some elements of the composition should be dominant,
while others are subordinate. This establishes a hierarchy, which
is a defense against the monotony of simple repetition.
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(a) Building Facades.tif.png "_120-77.2F(2)(a) Building Facades.tif")
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(a)
Horizontal transitions. Building facades shall have horizontal
transitions. A horizontal transition is an architectural element,
such as a cornice, balcony, gallery or change in material, that creates
a distinction between the first and second stories or between the
second and third stories. Horizontal transitions are not required
in buildings with noncommercial frontages.
(b)
Roof lines. Building facades shall have roof lines. A roof line
is an architectural element, such as a cornice, parapet or change
in material, which creates a distinction between the top of the building
and the lower stories.
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Horizontal transitions and roof lines are the means
to achieve a distinctive horizontal base, occupied middle, and top
that complement and balance one another.
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(c)
Vertical articulations. Building facades shall have vertical
articulations. Vertical articulations can be produced by variations
in roof lines, window groupings, applied facade elements such as piers
or pilasters, bay windows and balconies, entrance stoops and porches,
and subtle changes in materials and vertical planes that create shadow
lines and textural differences.
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•
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Each building should have a clear and harmonious pattern
of vertically oriented facade elements that break up long monolithic
walls and divide the composition into one or more segments, each with
a discernible left, middle and right. A balance of vertical and horizontal
lines should be sought, with the balance tipped slightly to the vertical.
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•
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Changes in vertical planes should be part of a larger
facade composition and should not be used to present a false image
of individual buildings. Where separate buildings abut, the principal
planes of the facades should be flush.
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(3)
Building facade walls.
(a)
Finish materials. Each building facade may have two or more
finish materials. Street walls shall be constructed of a material
matching the adjacent building facade.
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Materials should be separated horizontally, with "lighter"
materials placed above more substantial materials, for example, wood
above stucco or masonry or stucco above masonry.
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(b)
Projecting elements. All elements that project from the building
by more than 16 inches, such as balconies, bay windows, canopies and
marquees, shall be visibly supported from below or above by brackets,
posts, columns, pilasters or similar supports that are sized proportionately
to the projecting structure.
(c)
Primary materials. The following primary materials are permitted:
[1]
Masonry, including brick, stone, terra cotta, ceramic tile or
similar facings;
[2]
Cementitious stucco with smooth or sand finish;
[3]
Fiber cement panels, siding and trim boards. Wood grain finishes
are not permitted (Building Types "A" and "B" only);
[4]
Solid PVC paintable or prefinished siding and trim boards (such
as NuCedar Mills or equivalent). Wood grain finishes are not permitted
(Building Types "A" and "B" only);
[5]
Painted wood clapboards or painted, stained or natural shingles
(Building Types "A" and "B" only).
(d)
Secondary materials. The following secondary materials are permitted
for up to 10% of a building wall surface:
[1]
Precast masonry (for lintels, trim and cornices only);
[2]
Exterior insulation finish system (EIFS) with smooth
or sand finish (EIFS may be utilized above the horizontal transition
only);
[3]
Metal (for beams, lintels, trim elements and ornamentation
only);
[4]
Polyurethane (such as Fypon or equivalent) millwork
(for lintels, trim elements and ornamentation only);
[5]
Glazed, ground face or split face concrete block
(used as accent trim, piers and foundation walls only);
[6]
Glass block.
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•
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The palette of wall materials should be kept to a minimum,
preferably two (e.g., stucco and tile, brick and stone) or fewer.
Using the same wall materials as adjacent or nearby buildings helps
strengthen the district character;
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•
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Stucco and/or painted stucco surfaces should be smooth
to prevent the collection of dirt and surface pollutants and the deterioration
of painted surfaces;
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•
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Sheet metal parapet cap flashings should be painted
to match wall or trim color;
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•
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The following materials are not appropriate:
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•
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Curtain wall systems, except in limited areas such as
connections, between buildings, entrance lobbies, etc.
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•
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Simulated finishes such as artificial stone.
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•
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Plywood siding.
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(4)
Wall openings.
(a)
Opening proportions.
[1]
Windows, doors and other openings (except at ground
story commercial frontages) shall be square or vertical in proportion.
Except at bay windows, window frames shall be recessed at least three
inches from the plane of masonry or stucco building facades;
[2]
Windows may be ganged horizontally if each grouping
is separated by a framing element at least seven inches wide.
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The width to height ratio of windows, doors and similar
elements should typically be 1:2 or 2:3.
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(b)
Permitted finish materials.
[1]
Windows and doors may be of steel; aluminum, including clear
anodized or factory-finished colors; fiberglass; aluminum clad wood;
painted wood; stained or natural (clear finish) wood;
[2]
Glazing shall be clear or lightly tinted;
[3]
If muntins are provided, they shall be of the true divided or
simulated divided (applied to interior and exterior with spacer bar
within the glazing) types.
(5)
Roofs.
(a)
Permitted configuration.
(a) Permitted Configuration.tif.png "_120-77.2F(5)(a) Permitted Configuration.tif")
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[1]
Flat, (pitched as required for drainage) concealed by a parapet
no less than 42 inches high or as required to conceal mechanical equipment.
The parapet may have pitched, stepped or curved forms that help create
a roof line;
[2]
Gabled, symmetrically sloped, with a minimum pitch of 5:12,
with eaves and/or partially concealed by a parapet;
[3]
Hipped, symmetrically sloped, with a minimum pitch of 5:12,
with eaves and/or partially concealed by a parapet;
[4]
Shed, with a minimum pitch of 2:12 where attached to a larger
building mass, with eaves and/or partially concealed by a parapet;
[5]
Barrel vaulted;
[6]
Domed.
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Roof forms should complement the building mass and match
the principal building in terms of style, detailing and materials.
Double-pitched roofs (such as gable, hip, pyramid), dormer windows,
and chimneys can add variety and visual interest when viewed from
the streets below and from a distance. Flat roofs are acceptable if
a strong, attractively detailed cornice and/or parapet wall is provided.
Single-pitched or "shed" roofs should not be used for the principal
building. Where the building envelope standards require "a distinctive
roof profile" (building type "C"), additional roof forms may be considered.
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(b)
Mansard roofs.
(b) Mansard Roofs.tif.png "_120-77.2F(5)(b) Mansard Roofs.tif")
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[1]
Mansard roofs are a type of pitched roof that are
considered attic stories and therefore not counted against the maximum
story height. Mansards may be added only to buildings that are at
least two stories in height or to one-story type "A" buildings. They
shall enclose at least one but no more than two attic stories of habitable
space as indicated in the building envelope standards;
[2]
Only dormer windows are permitted in mansard roofs.
Windows, balconies and other features that are recessed into the mansard
are prohibited. Dormers and other architectural features shall occupy
a minimum of 25% of the roof length;
[3]
A cornice or similar architectural feature shall
form a transition between the mansard and the vertical building wall.
No part of the mansard, including dormers, shall project beyond the
building facade wall;
[4]
A transitional architectural feature shall be provided
between the top of the mansard and the upper part of the roof.
(b)-4 Building Facades.tif.png "_120-77.2F(5)(b)-4 Building Facades.tif")
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Mansards should be used only when emulating a traditional
building style that typically employs mansard roofs, e.g., Beaux Arts,
Victorian, etc.
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(c)
Skylights. Skylights shall be flat to the pitch of the roof.
(d)
Permitted (visible) roofing materials.
[1]
Standing Seam or Five Vee metal roofs of galvanized
steel, copper, aluminum or zinc-aluminum;
[2]
Asphalt or metal "dimensional" type shingles;
[3]
Cedar shakes (real or synthetic);
[4]
Slate tiles (real or synthetic);
[5]
Clay, terra cotta or concrete tiles;
[6]
"Green" roofs on flat roofs only;
[7]
Roofing materials, including shingles and metal
panels, that incorporate photovoltaic solar collectors.
(6)
Projecting facade elements.
(a)
Awnings and canopies.
(a) Awnings and Canapies1.tif.png "_120-77.2F(6)(a) Awnings and Canapies1.tif")
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Where awnings or canopies are provided, they shall comply with
the following:
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[1]
Minimum eight feet clear above sidewalk; minimum six-foot projection
from building; maximum projection two feet from tree planters or grates
or two feet from curbline where no trees are present;
(a)-1 Awnings and Canapies2.tif.png "_120-77.2F(6)(a)-1 Awnings and Canapies2.tif")
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[2]
Where encroaching into a public right-of-way, subject to Department
of Environmental Services approval;
[3]
Canvas cloth or equivalent (shiny or reflective materials are
prohibited), metal or glass;
[4]
Internal illumination is prohibited;
[5]
One-quarter cylinder configurations are prohibited.
(a)-5 Awnings and Canapies3.tif.png "_120-77.2F(6)(a)-5 Awnings and Canapies3.tif")
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(b)
Galleries.
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Galleries are permitted along building facades where the required
build-to line (RBL) or required frontage zone (RFZ) abuts the required
civic square or does not abut a public right-of-way, provided that
they comply with the following:
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[1]
Minimum width of 10 feet;
[2]
Galleries shall have a roof, an open balcony, a
covered porch or an extension of the story above. Where there is a
covered porch or an extension of an upper story, the building shall
have at least one additional story above that level. Where there is
an extension of an upper story, the facade of the story extension
shall have fenestration with areas of transparency equal to at least
50% but no more than 90% of the facade area;
(b)-2 Galleries.tif.png "_120-77.2F(6)(b)-2 Galleries.tif")
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[3]
Minimum ceiling height 12 feet clear above sidewalk,
but never less than one foot below ceiling height of adjacent ground
story; two-story maximum height;
[4]
The distance between columns or piers shall not
exceed their height. Minimum spacing is 10 feet.
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The location of columns or piers is encouraged to correspond
with storefront openings.
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(c)
Porches and balconies.
(c) Porches and Balconies.tif.png "_120-77.2F(6)(c) Porches and Balconies.tif")
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Porches and balconies shall comply with the following:
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[1]
Porches and balconies may occur at upper stories either forward
of or behind the RBL or RFZ and shall have a minimum depth of six
feet, but shall not extend more than six feet beyond the RBL except
at the upper level of a gallery;
(c)-1 Porches and Balconies.tif.png "_120-77.2F(6)(c)-1 Porches and Balconies.tif")
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[2]
Porches may occur at the ground story along noncommercial frontages,
either forward of or behind the RBL or RFZ, and shall have a minimum
depth of eight feet, but shall not extend into the public right-of-way;
[3]
Porches and balconies may have multistory verandas and/or balconies
above;
[4]
Porches and balconies may have roofs but shall be open parts
of buildings with no conditioned air supply. Insect screening is permitted.
[5]
The minimum distance between columns is 10 feet, and the distance
between columns shall not exceed their height.
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Porches and balconies are encouraged at upper-story
locations in order to take advantage of views and breezes.
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(c)-5 Porches and Balconies Upper.tif.png "_120-77.2F(6)(c)-5 Porches and Balconies Upper.tif")
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(d)
Stoops.
(d) Stoops.tif.png "_120-77.2F(6)(d) Stoops.tif")
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Stoops are permitted along noncommercial frontages, provided
that they comply with the following:
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[1]
Minimum depth: six feet;
[2]
Minimum length: five feet;
[3]
Maximum length: eight feet;
[4]
Stoops may be covered or uncovered;
[5]
Stoops may occur forward of the RBL or RFZ and
may encroach into the public right-of-way subject to approval from
the Department of Environmental Services. Stoops shall not interfere
with clear access for pedestrians on the sidewalk.
(d)-5 Stoops.tif.png "_120-77.2F(6)(d)-5 Stoops.tif")
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(e)
Finish materials. The following finish materials are permitted
for porches, stoops, columns, arches, railings and balustrades:
(f)
Bay windows.
(f) Bay Windows.tif.png "_120-77.2F(6)(f) Bay Windows.tif")
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Bay windows are permitted, provided that they comply with the
following:
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[1]
Maximum depth: six feet;
[2]
Maximum length: eight feet;
[3]
Bay windows shall have fenestration on both front
and side surfaces;
[4]
Bay windows may occur forward of the RBL or RFZ
and may encroach into the public right-of-way above the ground story
subject to approval from the Department of Environmental Services.
(f)-4 Bay Windows.tif.png "_120-77.2F(6)(f)-4 Bay Windows.tif")
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G.
Review and approval process.
(1)
Construction of any new building or addition within the Marina District that fully complies with the requirements of this section will be approved administratively. Construction of any new building or addition that does not comply with the requirements of this section shall be categorized as a major site plan and subject to the requirements set forth in § 120-191 of this chapter. The Manager of Zoning may waive the requirements of the Marina District through the site plan approval process upon a determination that a project is in substantial compliance with the overall intent and purpose of the Marina District, except for the following:
[Amended 6-20-2017 by Ord. No. 2017-170]
(a)
Any deviation from the Regulating Plan, including location of
the required build-to line (RBL), location of required frontage zone,
location of parking setback line, location of allowable areas for
parking/loading ingress/egress, location of mandatory commercial frontage
and location of permitted building types;
(b)
Any deviation from the minimum or maximum dimensional requirements
of the building envelope standards, or the maximum building height
requirements measured in stories, that is greater than 20%;
(c)
Any deviation from the siting requirements of the building envelope
standards other than deviations from the percentage of the facade
built to the required build-to line (RBL) that are greater than 20%,
and deviations from the dimensional requirements for tower siting
in building type C that are greater than 20%;
(d)
Any deviation from the building function (use) standards;
(e)
Any deviation from minimum or maximum dimensional requirements
of the civic square standards that is greater than 20%;
(f)
Any deviation from the minimum or maximum dimensional requirements
and numerical requirements of the parking and loading standards that
is greater than 10%;
(g)
Any deviation from the architectural standards requirement for
an alternative sign program.
(2)
Any development proposal that will cause the total number of dwelling units in the Marina District to exceed 430 and/or cause the total amount of commercial space in the district, not including existing commercial space in the Terminal Building, to exceed 44,000 square feet shall require a supplemental environmental impact statement pursuant to the requirements of the State Environmental Quality Review Act and Chapter 48 of the City Code.
H.
ATTIC STORY
BALCONY
BAY WINDOW
BLOCK CORNER
BUILDING ENVELOPE STANDARDS
CIVIC SQUARE
DORMERS
FACADE (BUILDING FACE)
FENESTRATION
GALLERY
GROUND STORY
PARCEL
PARKING SETBACK LINE
REGULATING PLAN
REQUIRED BUILD-TO LINE (RBL)
REQUIRED FRONTAGE ZONE (RFZ)
STREET WALL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Habitable space situated within the structure of a pitched
roof and above the uppermost story. They are permitted for all building
types and do not count against the maximum story height. Attic stories
may have only dormers as windows on the required build-to line (RBL)
side of the roof pitch.
An exterior platform attached to the upper stories of the
building facade.
An enclosure extending the interior space of the building
beyond the exterior building facade. For the purposes of this code,
a bay window may be generally U-shaped, curved (also known as a "bow
window") or rectangular.
The outside corner of a block at the intersection of any
two streets. Dimensions from block corners are measured from the intersection
of two RBLs.
The part of this section that establishes basic parameters
regulating building form, including the envelope (in three dimensions),
placement and certain permitted/required building elements, such as
storefronts, balconies, and street walls. The building envelope standards
establish both parameters and specific requirements. The applicable
building envelope standard for a site is determined by the allowable
building types indicated on the Regulating Plan. This produces a coherent
street space and allows the building owner greater latitude behind
its facade.
A public open space designated on the Regulating Plan. The
term "square" is generally used to describe spaces that have a predominately
paved surface area. Civic squares do not include active recreation
structures such as playgrounds or game courts.
Roofed ancillary structures with windows providing light
and air to habitable space within the attic story. Dormers are permitted,
and the attic does not constitute a story (for height measurement
purposes) so long as the dormers do not break the primary eave line,
are individually less than 15 feet wide, and are collectively not
more than 60% of their required build-to line facade length.
The building elevation facing the public right-of-way or
required civic square, generally coinciding with the required build-to
line or required stepbacks. Building walls facing private interior
spaces are not facades.
Openings in the building wall, including windows and doors,
allowing light and views between interior (private realm) and exterior
(public realm). Fenestration is measured as glass area (including
mullions and similar window frame elements) and/or as open area.
A lightweight roof structure or balcony supported by columns
and attached to the building frontage to provide shelter to the sidewalk.
The first habitable level of a building at or above grade.
For commercial frontages, at least two-thirds of the finished floor
elevation within 30 feet of the required building line shall be within
18 inches of the adjacent fronting sidewalk level. When a residential
use occupies the ground story, the finished floor shall be at least
three feet, but never more than six feet, above the fronting sidewalk
elevation. The next story above the ground story is the second story.
A line or plane indicated on the Regulating Plan which extends
vertically (unless otherwise noted) and is generally parallel to the
required build-to line (RBL) or required frontage zone (RFZ). The
parking setback is typically 30 feet behind the RBL, or the actual
facade of the building where there is an RFZ, unless otherwise designated
on the Regulating Plan. All parking shall be situated behind this
line, except where it is entirely below grade. The parking setback
line is a permissive minimum, and parking may be placed anywhere within
the lot behind this line.
The implementing plan for the development of the Marina District.
The Regulating Plan indicates the allowable building types, allocates
space for the required civic square and provides specific information
for vehicular access to each parcel.
A line or vertical plane indicated on the Regulating Plan,
defining the street frontage which extends vertically and generally
parallel to the street, at which the building shall be placed. The
facade shall occur on the required build-to line; this is a requirement,
not a permissive minimum. The minimum length and height of frontage
that is required at the RBL is shown on the appropriate building envelope
standard.
A horizontal plane indicated on the Regulating Plan, defining
the area within which the building facade must be placed. The facade
shall occur within the required frontage zone; this is a requirement
that allows for a greater range of options on those parcels where
the RFZ is instituted in place of the RBL. These are parcels where
definition and enclosure of the street space are of lesser importance,
therefore wider latitude is given.
A masonry wall set back not more than 24 inches from the
required building line which assists in the definition of the street
space in the absence of a building. See the general provisions of
the building envelope standards for height specifications.[4]
Personal wireless telecommunication facilities in the V-C Districts shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
