The purpose of this chapter is to create a zoning overlay district and strict regulations applicable to this district which will implement the general plan by assuring appropriate development consistent with the goals and policies of the general plan; deter the inappropriate demolition, destruction, alteration, misuse and neglect of architecturally interesting and significant structures in and the built context of the district; revitalize the economic growth and health of and foster civic pride in downtown Pleasanton; stabilize and enhance the value of property; create and renew proper relationships between tax revenues of real property and the cost of municipal services; implement the downtown hospitality guidelines by assuring special downtown accessory entertainment uses located in the downtown operate in a manner consistent with the intent of the downtown hospitality guidelines; and thereby promote and protect the health, safety, comfort, appearance and general welfare of the community.
(Prior code § 2-2.3401; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012)
There is hereby created a zoning overlay district known as the Downtown Pleasanton Revitalization district (hereinafter referred to as "district") the boundaries of which are as shown on Figure 18.74.020 at the end of this chapter.
Within this district are two overlay areas, the downtown hospitality central core area and the downtown hospitality transition area as designated on the Downtown Hospitality Area map shown on Figure 18.74.025 at the end of this chapter. The downtown hospitality transition area overlay includes the public park, Civic Park, at the intersection of Main Street and Bernal Avenue.
The regulations applicable to the district contained in this chapter are in addition to regulations otherwise applicable to the area within the district; provided, however, that where regulations conflict the provisions of this chapter shall control.
(Prior code § 2-2.3402; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012; Ord. 2194 § 2, 2019; Ord. 2216 § 2, 2021)
The city council, following recommendations by the planning commission, shall adopt downtown Pleasanton design guidelines for the district. Such guidelines may be amended from time to time following the same procedure. The zoning administrator, planning commission and the city council shall adhere to the adopted guidelines in reviewing all applications for permits, licenses, certificates or other approval or entitlement of use relating to improvements or demolition proposed within the district, and no such applications shall be approved unless consistent with the adopted guidelines.
(Prior code § 2-2.3403; Ord. 1225 § 1, 1985; Ord. 1591 § 2, 1993; Ord. 1656 § 1, 1995)
A. 
The zoning administrator shall review the design of each improvement for which a building permit, license, certificate or other approval is required pursuant to this code. If a proposed improvement within the district would require planning commission or city council approval, then such body shall review the design. The zoning administrator may adopt standards for determining which applications comply on their face with all applicable regulations for improvements under this chapter and which will, if approved, have an insignificant effect both on the district as a whole and on the particular built context of the proposed improvement. The zoning administrator may also determine that applications for certain improvements do not need all the information required by Section 18.74.050 of this chapter.
B. 
The term "improvement" as used in this chapter shall be literally interpreted and shall include the construction, alteration and repair of all signs and all property and appurtenances thereto. The term "improvement" shall not include demolition. No improvements subject to design review shall hereinafter be constructed, located, required, altered or thereafter maintained except in accordance with the architectural plan approved as provided in this chapter.
C. 
The zoning administrator or planning commission shall consider the architectural plan within 30 days following the applications being deemed complete, unless the applicant agrees to a later date. After consideration of the architectural plan, the zoning administrator or planning commission shall issue its determination setting forth its decision to approve, disapprove or conditionally approve the architectural plan. The applicant or any aggrieved person may appeal any decision of the zoning administrator to the planning commission and of the planning commission to the city council in the manner provided in Section 18.20.060 this code.
(Prior code § 2-2.3404; Ord. 1225 § 1, 1985; Ord. 1520 § 2, 1991; Ord. 1586 § 4, 1993; Ord. 1656 § 1, 1995)
Any person proposing to construct or locate any improvement subject to design review shall file, prior to filing for the first required permit, an application for design review with the zoning administrator. Such application shall be in the form and contain the materials required by the zoning administrator under Chapter 18.20 of this title.
A. 
Architectural drawings, including:
1. 
Plans to scale.
2. 
Four elevations to include all sides of development.
3. 
Elevations to scale and renderings which include adjacent structures in the existing built context.
4. 
(Optional) Perspectives. Model or other suitable graphic materials.
B. 
Renderings and complete building elevations indicating the wording, style, location, size, shape and type of illumination of each proposed permanent sign together with a palette of proposed colors, materials and textures.
C. 
Design plan and guidelines comprising the conceptual scheme proposed to be adopted for all temporary signage relating to site uses.
D. 
Preliminary landscaping plan.
E. 
Site photographs.
F. 
Color photographs of the existing built context including the site.
G. 
Color, materials and texture palette.
H. 
Other information which the zoning administrator determines to be necessary or convenient or which the zoning administrator or planning commission may by general policy require all applicants in the district to furnish.
(Prior code § 2-2.3405; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
Where the application is solely for a sign permit, items constituting the proposed architectural plan shall be those items required by Section 18.74.050 of this chapter for all elevations from which the proposed signs are visible and such additional items as are established by the zoning administrator as necessary or convenient to the review and decision.
(Prior code § 2-2.3406; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
If the architectural plan is approved and the applicant agrees to the conditions of approval, the applicant shall file the following information with the planning division prior to receipt of a building permit, license certificate or other approval:
A. 
Final working drawings;
B. 
Final landscape plan;
C. 
Color chips.
Final architectural plan approval is deemed approval of the certificate of appropriateness required by Section 18.74.170 of this chapter. The zoning administrator or his or her designee shall certify that the final architectural plan submitted under this section accords with the architectural plan as approved by the zoning administrator or planning commission.
(Prior code § 2-2.3407; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995; Ord. 2000 § 1, 2009)
The zoning administrator shall examine the material submitted with the application by considering the following aspects for conformance with the purpose of this chapter:
A. 
General site utilization considerations.
B. 
General architectural considerations:
1. 
Height, bulk and area of buildings.
2. 
Colors and types of building and installations.
3. 
Physical and architectural relationship between the proposed structures and the existing built context.
4. 
Site layout, orientation and location of buildings and relationship with open areas and topography.
5. 
Height, materials, color and variations in boundary walls, fences or screen planting.
6. 
Location and type of landscaping including but not limited to off-street parking areas.
7. 
Appropriateness of sign design and exterior lighting.
C. 
General landscape considerations.
D. 
Graphics.
The zoning administrator shall be guided in his or her review of improvements within the district by the adopted downtown Pleasanton design guidelines.
(Prior code § 2-2.3408; Ord. 1225 § 1, 1985; Ord. 1589 § 5, 1993; Ord. 1656 § 1, 1995)
A. 
No sign shall be erected, altered or moved without a sign permit.
B. 
The following signs shall be exempt from these regulations:
1. 
Any sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or government regulations.
2. 
Political campaign signs maintained in accordance with Chapter 18.100 of this title.
3. 
Signs not visible from any public place.
C. 
The zoning administrator or his or her designee shall approve the sign permit prior to said sign's erection if the plan conforms to the architectural plan for the sign and/or conceptual scheme for temporary signage.
(Prior code § 2-2.3409; Ord. 1225 §1, 1985)
All signs not specifically permitted, excepted or exempted by provision of this chapter are prohibited. Once a use ceases to exist on a site, all signs (both conforming and nonconforming) identifying said use shall be removed within 30 days, and the surface on which the sign was mounted or attached shall be patched, painted and otherwise repaired to remove all evidence of the former sign.
(Prior code § 2-2.3410; Ord. 1225 § 1, 1985; Ord. 1396 § 1, 1989)
The zoning administrator, within six months of the effective date of the ordinance codified in this chapter, shall complete a sign inventory of all signs within the district, both conforming and nonconforming.
(Prior code § 2-2.3411; Ord. 1225 § 1, 1985)
A. 
Every sign lawfully in existence at the time of the adoption of the ordinance codified in this chapter which is neither specifically permitted under these regulations or exempted from these regulations is an existing nonconforming sign. All existing nonconforming signs shall be permitted to remain and not subject to amortization, subject to the limitations contained in this section.
B. 
Except for nonconforming historic signs meeting the requirements of subsection D below, existing nonconforming signs shall not be moved, altered or modified in any way. Any such sign so removed, altered or modified shall immediately become an illegal nonconforming sign and shall be removed or abated as provided in this code. Any alteration or modification to a nonconforming historic sign shall be consistent with and shall not detract from the historic character of the sign.
C. 
A nonconforming sign shall become unlawful and shall be removed immediately upon any modification or alteration of the premises to which such sign relates, except that a nonconforming historic sign meeting the requirements of subsection D below shall be permitted to remain upon any modification or alteration of the premises to which the sign relates.
D. 
For purposes of this section, an historic sign is a sign which meets at least one of the following criteria:
1. 
The sign has been existing within the downtown revitalization district for at least 50 years.
2. 
The sign has been designed according to a distinct architectural period found in downtown architecture and is consistent with the architecture of the building.
3. 
The sign has attained a landmark status due to a prominent locale or association with a continuous use with the same business of 15 years or more.
E. 
A nonconforming sign shall become unlawful and shall be removed immediately upon any change in use or business to which the sign relates.
(Prior code § 2-2.3412; Ord. 1225 § 1, 1985; Ord. 1562 § 1, 1992)
A. 
Signs on lots having frontage on Main Street in the district shall be permitted in accordance with the provisions of Table 1 herein. The total area of all signs facing any street shall not exceed one square foot for each linear front foot of business establishment on such a street; provided, that a business having less than 20 feet of frontage on a street shall be permitted up to 20 square feet of sign area. All sign areas shall be measured in accordance with the provisions of this code.
B. 
All first-floor retail and office uses shall include pedestrian-oriented signage in the signs identifying their businesses. A maximum of 75 percent of the total permitted sign area for a site may be utilized as vehicular-oriented signs (e.g., signs which are primarily visible from a public street). The remaining allowable area may be used for pedestrian-oriented signs (e.g., projecting signs, window signs, overhang signs under building projections or street-oriented directory signs) as determined by the zoning administrator.
C. 
Sign content shall be limited to the identification of the site or use (e.g., business name). In addition, references to generic product-types or services offered may be incorporated into window signs, awnings, freestanding sidewalk signs, or flags. Such signs shall be subject to design review approval.
D. 
All signs for businesses not having any frontage on Main Street shall conform to the requirements set forth in the downtown Pleasanton design guidelines and this subsection. The total area of all signs facing any street shall not exceed one square foot for each linear front foot of business establishment on such a street; provided, that a business having less than 20 feet of frontage on a street shall be permitted up to 20 square feet of sign area.
1. 
Any sign permitted under Table 1 Main Street Signs shall be allowed for businesses not having frontage on Main Street except as superseded by subsection (D)(2) or (D)(3) below.
2. 
Residential properties lawfully converted to nonresidential uses shall be allowed one sign only and it shall be either a wall sign or a freestanding sign.
3. 
Freestanding signs as allowed under this section shall conform to the following:
a. 
Twelve square feet maximum size;
b. 
Four feet maximum height;
c. 
Sign must be placed parallel to the principal street frontage and set back from the street at least one-third the distance between the edge of the sidewalk nearest the existing structure and the place of the front façade of that structure;
d. 
The base of the sign must be incorporated in a landscaped solution;
e. 
The materials and colors used in the sign should be compatible with the materials and colors of the existing structure; and
f. 
Illumination of the sign is prohibited.
Table 1
MAIN STREET SIGNS
A.
Definitions:
1.
"Wall sign" means a sign which is mounted flush and affixed securely to a building wall, projected no more than 12 inches from the face of a building wall, and not extending sideways beyond the building face or above the highest line of the building wall to which it is attached and shall not include internally illuminated metal framed box signs.
2.
"Projecting sign" means a sign which projects more than 12 inches and which is supported by a wall of a building with the display surface of the sign possessing a plane not parallel to the plane of the supporting wall and shall not include internally illuminated metal framed box signs. Projecting signs may be directly or indirectly illuminated.
3.
"Window sign" means a sign which is painted, posted upon or displayed within three feet of an interior translucent or transparent surface, including windows and doors, or any interior sign which is clearly visible from a public street or sidewalk.
4.
"Awning or canopy sign" means a sign which is painted, sewn, stained, etc., onto the exterior surface of an awning or canopy and which does not extend beyond the edge(s) of the awning or canopy.
5.
"Temporary sign" means any window sign maintained for a continuous period of less than 30 days.
6.
"Overhang sign" means a small pedestrian-oriented sign suspended from, or mounted to, a permanent building projection.
7.
"Freestanding sign" means a sign which is not attached to any building surface and which is supported in the ground by a pole, post, pedestal or similar structural base.
8.
"Directory sign" means a sign which displays the multiple names and locations (e.g., suite numbers) of second-story tenants or businesses in buildings without direct frontage on a public street.
9.
"Special event flyers" means temporary signs promoting events sponsored by civic, charitable, educational or other nonprofit organizations.
10.
"Freestanding sidewalk sign" means a detached sign placed in the sidewalk area in front of a business establishment identifying the business name or generic product-types or services offered.
11.
"Menu display" means either a freestanding or building-mounted display for advertising the menu of a restaurant or bar.
12.
"Flag" means a decorative fabric or cloth sign which contains wording and is attached to a pole or post on the building and is not stretched crosswise on the building.
13.
"Temporary banner" means a banner sign used to advertise a grand opening of a new business for a continuous period of less than 30 days.
14.
"Decoration" means an attractive display comprised of fabric or cloth flags, pennants, streamers, and similar colorful attention-getting devices, including small balloons, on or in front of a business establishment.
B.
Wall Signs. Maximum of one square foot per linear foot of business establishment to be located not higher than the lowest of the following:
1.
Twenty-five feet above grade;
2.
Bottom of the sill line of the second floor windows; or
3.
Cornice line of the building.
Note: For any business occupying a corner location, the allowable square footage for a wall sign on one street frontage cannot be transferred to increase the allowable size for a wall sign on the other street frontage. Businesses which are located on lots having frontage on Main Street may have signs on the rear or side building elevations subject to design review approval. The area of such signs shall not be counted as part of the maximum allowable sign area for the site; provided, that the signs are not directly visible from Main Street.
C.
Projecting Signs. Maximum of 40 square feet, 20 square feet per side per business establishment, to be located no less than eight feet above grade and to project no more than five feet from the building wall and to be situated not higher than the lowest of the following:
1.
Twenty-five feet above grade; or
2.
Cornice line of the building. No projecting sign shall be located less than five feet from any common wall or other point common to two separate business establishments on the same property. No projecting sign shall be located less than 15 feet from any other projecting sign whether located on the same property or not. No projecting sign shall be located directly above a wall sign or above a building projection such as an awning or similar shading device.
D.
Window Signs. Coverage shall not exceed 25 percent for any individual window or door area visible from the exterior of the building. Window signs are prohibited above the second level.
E.
Awning or Canopy Signs. On ground floor level, 30 percent maximum coverage allowed of the total exterior surface area of each awning or canopy, not to exceed a total of one square foot per linear front foot of business establishment. On the second floor level and above, 20 percent maximum coverage allowed of the total exterior surface area of each awning or canopy, not to exceed a total of one square foot per linear front foot of business establishment.
F.
Temporary Signs. Temporary signs for all business may be displayed and maintained for not more than 30 days at a time, and may not occupy more than 25 percent of the total window area of a business. Special event flyers may be erected on private property up to two weeks in advance of the event being promoted and must be removed within 48 hours following the conclusion of the event.
G.
Overhang Signs. The following types of overhang signs may be mounted to or suspended from fixed, permanent building projections (but not on top of sloping surfaces or roofs):
1.
Signs mounted to the vertical face of the building projection and therefor parallel to the storefront. Such sign shall not exceed an overall average height of two feet;
2.
Signs suspended from a building projection and therefor perpendicular to the storefront. Such signs shall not exceed an overall average height of nine inches.
H.
Freestanding Signs. Freestanding signs shall be permitted at residential structures which have been converted to commercial use and at service stations and public buildings with frontage on Main Street.
I.
Directory Signs. Directory signs shall be permitted for multi-tenant buildings and for businesses in buildings without direct frontage on a public street as follows:
1.
Directory signs may be building-mounted and placed near a common building entry or stairway; additional directory signs may be allowed at other building locations subject to design review approval. Directory signs shall be placed only on the building occupied by the tenants whose names appear on the sign.
2.
Directory signs may be freestanding signs which are incorporated into a landscape area. Freestanding directory signs may be pole or post signs but may not be monument signs. These signs shall be limited to five feet in height and 12 square feet in area and may be nonilluminated or indirectly illuminated (such as spot lit).
3.
Directory signs may include a floor plan or similar graphic diagram for the building or site. Directory signs which are not visible from a public street shall not count toward the allowable sign area for a site.
J.
Second-Story Signs. Second-story signs shall be permitted for second-story businesses in accordance with the following restrictions:
1.
Window signs may be allowed; provided, that the coverage shall not exceed 25 percent for any individual window or door area visible from the exterior of the building;
2.
Awning or canopy signs may be allowed; provided, that the total sign message does not exceed 20 percent of the total exterior surface area of each awning or canopy, not to exceed a total of one square foot per linear front foot of business establishment;
3.
Overhang signs identifying second-story businesses may be allowed at the ground level subject to the same restrictions as noted in subsection G of this section;
4.
Signs that are mounted or affixed parallel to the building façade may be allowed above the second-story sill line where it is determined that the building architecture can effectively accommodate such signs (e.g., buildings with street-oriented second floor entrances or large, "arcade-type" overhangs), and where such signage could be aesthetically integrated with the building architecture.
K.
Temporary "For Sale/Lease" Signs. Signs pertaining to the sale, lease, rental or display of a structure or land. Said signs are subject to the sign standards for location and placement as prescribed in this chapter and subject to the standards of subsection G of this section.
L.
Freestanding Sidewalk Signs: Freestanding sidewalk signs shall be permitted if determined to be unique, creative and attractive or which artistically reflect the unique type of business they are identifying. Traditional A-frame signs are not permitted. Signs shall be limited to a vertical dimension of 36 inches, a horizontal dimension of 24 inches, and a total height not exceeding 48 inches above the ground; exceptions may be permitted subject to a determination by the zoning administrator that the unique design warrants a larger sign. These signs shall be set back at least three feet from the street curb and 10 feet from the side street curb on a corner site, and shall be positioned to maintain an unobstructed area on the sidewalk of at least four feet for pedestrian access. Sidewalk signs shall be removed from the sidewalk by the close of business each day and shall not be attached in any way to the sidewalk.
M.
Menu Displays. Menu displays, either freestanding or building-mounted, shall be permitted. Freestanding menu displays shall be unique, creative designs which may include a wipe-off board or other area for menu copy which shall be limited to a size of 36 inches by 18 inches in area. The total size of the freestanding menu display shall be the same as for freestanding sidewalk signs. Building-mounted menu displays shall consist of either changeable lettering or a copy of the menu itself enclosed in a transparent case (plastic or glass). Freestanding menu displays shall be removed from the sidewalk by the close of business each day and shall not be attached in any way to the sidewalk.
N.
Flags. High-quality designed cloth or fabric flags with wording, symbols, or logos shall be permitted to be mounted on a pole on a building wall or a post. Flags shall be complementary to the building design and individual flags shall not exceed two feet by six feet in area. Wording shall be limited to business name, generic product-types or services offered. No flag may be stretched crosswise on a building.
O.
Decorations. Decorations, except for lights, shall be permitted to be attached to a building or its supports, may be part of a freestanding sidewalk display, and may overhang the public sidewalk as long as the vertical clearance is not less than eight feet; the clearance requirement may be waived where the decoration would not create an obstruction or hazard to vehicles or pedestrians. Decorative lights which are an integral part of a window display are permitted.
P.
Temporary Banners. Temporary banners on the outside of buildings advertising the grand opening of a new business shall be permitted for a maximum period of 30 days after initial occupancy by the business. Banners shall not exceed two feet by 10 feet in size.
(Prior code § 2-2.3413; Ord. 1225 § 1, 1985; Ord. 1396 § 2, 1989; Ord. 1492 § 4, 1990; Ord. 1562 § 2, 1992; Ord. 1652 §§ 1, 2, 1995; Ord. 2216 § 2, 2021)
No building façade shall have more than two different types of signs, menu boards excepted, otherwise allowed by this chapter. No building or business may have more than one removable freestanding sign (e.g., menu display, freestanding sidewalk sign) on display at any time.
(Prior code § 2-2.3414; Ord. 1225 § 1, 1985; Ord. 1652 § 3, 1995)
The following signs shall be removed by the person in possession or control of the premises within 30 days of the effective date of the ordinance codified in this chapter:
A. 
Any sign which has been maintained continuously for 60 or fewer days prior to the date of introduction of the ordinance codified in this chapter, except signs erected pursuant to a valid city approval.
B. 
Any sign constructed on or of paper or similar material, or by chalk, felt pen, tempera, grease pencil or similar medium.
C. 
Any sign relating to an event which has been completed or which will be completed or commenced within 30 days.
D. 
All signs relating to sales except signs relating to registered going-out-of-business sales are deemed to relate to events which have been or will be commenced or completed within 30 days and are temporary signs.
(Prior code § 2-2.3415; Ord. 1225 §1, 1985)
A. 
No person shall alter or materially change the appearance of any structure, portion of a structure, or sign, visible from a public street or way, nor shall any permit of such actions be issued without such person first having applied for and been issued a certificate of appropriateness by the zoning administrator. The zoning administrator may refer an application for a certificate of appropriateness to the planning commission for review and action if deemed necessary.
B. 
Certificates shall be issued for all such proposed actions determined by the zoning administrator or planning commission to be consistent with the purpose of the district. The zoning administrator or planning commission shall be guided in their determination by the provisions of this chapter and the adopted downtown Pleasanton design guidelines. Certificates of appropriateness shall be in addition to and not in lieu of any other required permit.
(Prior code § 2-2.3416; Ord. 1225 § 1, 1985; Ord. 1586 § 6, 1993; Ord. 1656 § 1, 1995)
No person shall demolish or remove an existing structure, including a structure of primary or secondary significance, without first obtaining a certificate of appropriateness from the planning commission. Structures of primary or secondary significance are those determined to be so by the city council, from time to time, and adopted pursuant to the regulations governing adoption and changes in the downtown Pleasanton design guidelines. all applications for demolition permits shall be forwarded upon receipt by the chief building official to the planning commission. If the application for demolition is clear the property of a structure, which in the opinion of the chief building official could be subject to proceedings for the abatement of hazardous buildings under this code, then the applicant shall not be required to submit, with this application, materials sufficient to enable the planning commission to determine that the proposed future use including the design is consistent with the adopted guidelines. In all other cases the applicant shall submit material sufficient for such review. The commission has the authority to deny a certificate of appropriateness or to delay the issuance of the certificate in accordance with the standards set forth under Section 18.74.190 of this chapter. The commission may delay issuance for 90 days for a structure of secondary significance and 180 days for a structure of primary significance.
(Prior code § 2-2.3417; Ord. 1225 § 1, 1985; Ord. 1586 § 7, 1993)
Upon receipt of an application for a permit to demolish, the commission shall set a time and place for review and public hearing on the application and shall give the owner or applicant and all other persons who have indicated their interest in the application written notice. Such hearing shall be held not later than 30 days after receipt of the application by the commission. The commission shall issue a final decision not later than 15 days after closure of the public hearing. If the commission fails to hold the hearing or take final action within the time period specified or as extended by mutual agreement, the application shall be deemed to be approved. Whenever an application is so deemed approved it shall automatically be deemed appealed to the city council. The city council shall hear the appeal in accordance with the procedures set forth in this code for appeals. In case of a denial or delay, the commission shall state its reasons therefor in writing. In case of approval of the application, the commission shall issue a certificate of appropriateness.
(Prior code § 2-2.3418; Ord. 1225 § 1, 1985; Ord. 1586 §8, 1993)
If the commission finds that: (1) the proposed demolition of a structure would be inappropriate or inconsistent with the purposes of this chapter, or that (2) the proposed demolition would have an adverse effect on adjoining property, or on the built context, or that (3) the proposed future use and design of the property would be inconsistent with this chapter or the adopted guidelines, then the commission shall deny the certificate of appropriateness, unless the applicant establishes to the satisfaction of the commission that there is unnecessary hardship in the strict application of this chapter. To establish hardship, the applicant must show that no reasonable use of the property can be made unless the structure is demolished. The applicant must also show that the hardship is the result of the application of the chapter and is not the result of any act or omission by the applicant or the applicant's predecessor in interest. If the commission finds that such unnecessary hardship exists, it shall approve the certificate of appropriateness unless the proposed demolition would alter the essential character of the built context. In such case, the commission shall delay issuance of the certificate for 180 days for structures of primary significance and 90 days for structures of secondary significance. During the delay period, the commission shall take such action as it deems necessary to preserve the structure. Such action may include negotiations with civic groups, public or private agencies or individuals for the purchase, lease or relocation of the structure. The Commission may also suggest eminent domain proceedings be initiated by the city council.
(Prior code § 2-2.3419; Ord. 1225 § 1, 1985; Ord. 1586 § 9, 1993)
Every person in possession or control of a nonsingle-family residence structure and appurtenant premises in the district shall maintain and keep in good repair such structure and premises. Structures and appurtenant premises in good repair present no material variance in apparent condition from surrounding structures in compliance with these requirements. "Good repair" means and includes that level of maintenance and repair which: (1) clearly ensured the continued availability of such structure and premises for lawful reasonable uses; (2) prevents deterioration, dilapidation and decay of any exterior portion of such structure and premises; and (3) avoids impairment to surrounding structures of the benefits of the district.
(Prior code § 2-2.3420; Ord. 1225 § 1, 1985)
The following vehicle related uses of property and structures along Main Street within the district are not required to make reasonable use of such property or structures, are inconsistent with the architectural character and purpose of the district, and are prohibited:
A. 
Vehicle ingress onto and egress from property and structures;
B. 
Parking lots or structures;
C. 
On-site parking of vehicles closer than 50 feet to the Main Street property line.
(Prior code § 2-2.3421; Ord. 1225 § 1, 1985)
Setback of structures from property lines along Main Street is prohibited. Setback of structures located elsewhere within the district is permitted and may be required in those cases where the zoning administrator finds that the architectural character of the district and the built context of the improvement will be enhanced while not depriving the owner of substantially all reasonable use of his or her property.
(Prior code § 2-2.3422; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)
Along façades on Main Street only, the zoning administrator may allow projections consistent with the adopted guidelines and may, where necessary to the design solution, allow such projections to turn the corner onto another façade. The zoning administrator may allow awnings anywhere in the district. With the exception of sign and building ornamentation as otherwise allowed under this chapter and of projections permitted by the zoning administrator under this section, no part of any structure may project onto or overhang the public right-of-way.
(Prior code § 2-2.3423; Ord. 1225 §1, 1985; Ord. 1656 § 1, 1995)
No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any matter subject to the provisions of this chapter except in strict conformity with the requirements of this chapter and none shall be issued or given until the time to appeal has run without appeal. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to design review until the zoning administrator has certified that the improvement has been completed in accordance with the final architectural plan approved pursuant to this chapter. Any permit, license, certificate or other approval or entitlement given in violation of this chapter is void.
-Image-2.tif
-Image-3.tif
(Ord. 2216 § 2, 2021; Prior code § 2-2.3424; Ord. 1225 § 1, 1985)