§ 21.40.060. R2-NC Single-Family Residence Neighborhood Conservation district.

A.

Purpose. The purpose of the R2-NC Single-Family Residence Neighborhood Conservation district is to preserve patterns of design and development in residential neighborhoods characterized by a diversity of styles and to ensure the preservation of a diversity of land uses, together with the protection of buildings, structures or areas the destruction or alteration of which would disrupt the existing scale and architectural character of the neighborhoods. The general purpose includes:

1.

Protection of the architectural massing, composition and styles as well as neighborhood scale and character;

2.

Compatibility of new construction and structural alterations with the existing scale and character of surrounding properties;

3.

Encouragement of existing types of land uses that reflect the mixture and diversity of uses that have historically existed in the community; and

4.

Preservation of streetscapes.

B.

Uses. Uses that may be permitted in the R2-NC Single-Family Residence Neighborhood Conservation district are set forth in the table of uses for residential districts in Chapter 21.48.

C.

Development Standards.

1.

Chapter 21.50 contains the bulk regulations table for the R2-NC Single-Family Residence Neighborhood Conservation district.

2.

Site Design Plan Review.

a.

Except as provided in Subsection (C)(2)(b) of this section, new construction including new buildings, enlargements to building size or bulk, or structural alterations to existing structures which have an impact upon any exterior façade of a structure or building are subject to review and approval, with emphasis placed on façades visible from the public view, by the Department of Planning and Zoning in accordance with the provisions of Chapter 21.22, Site Design Plan Review.

b.

Any new structure, enlargements or structural alterations to building size or bulk of existing structures which results in the structure or building being in excess of three thousand two hundred fifty square feet of floor area is subject to public hearing, review and approval by the Planning Commission. The three thousand two hundred fifty square foot figure does not include square footage in basements that are fifty percent or more under ground, uninhabitable attic space or accessory structures. Those structures or buildings that are already in excess of three thousand two hundred fifty square feet or have site design review approval as of November 14, 2005, may be rebuilt to the same square footage as long as the design is reviewed and approved by the Planning Commission.

c.

The following guidelines shall be applied at the time of site design plan review, shall control in the event of conflict with the provisions of Chapter 21.22, and shall be applied to all uses in the R2-NC district. No design plans shall be approved by the Department of Planning and Zoning until findings consistent with these guidelines have been made:

i.

Where new buildings, structures, structural alterations or structural rehabilitations, enlargements or reductions are proposed, their design shall be compatible with the historic character and design of the area and shall promote the existing spatial and visual qualities in the R2-NC area, including height and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction and landscaping.

ii.

All buildings shall observe the established, historic front setbacks and building heights pursuant to Section 21.50.050, if any, for the block on which they are proposed.

iii.

All new structures or buildings, enlargement of existing structures or buildings and all substantial rehabilitation, reduction and/or alteration of existing structures or buildings shall have bulk, massing and scale similar to the structures on the block face.

iv.

The proposed alterations or new construction shall preserve and enhance the vernacular streetscape of the neighborhood.

v.

Exterior structural alterations to historic and contributing structures along the street frontage shall be kept to a minimum.

vi.

Design for new construction and enlargements to all existing buildings or structures in the R2-NC area shall conform to the guidelines for the relation of proposed structures to adjacent developments established in Section 21.62.020 and shall be compatible with the distinguishing, contributing characteristics of the majority of surrounding properties on the block face.

vii.

In cases where approval of an application is dependent upon preserving all or part of an existing structure, and its structural integrity is in question, the Director of Planning and Zoning may require a structural analysis of a building, by a registered structural engineer, to determine if it is sound and not a threat to public health and safety before site design approval is granted.

3.

Demolitions.

a.

The Planning and Zoning Director shall review and decide all applications for demolition of buildings or structures, pursuant to Chapter 21.14, Demolition Permits.

b.

In addition to the Review Criteria in Section 21.14.040, the Director of Planning and Zoning shall make additional written findings based on the following:

i.

Loss of the structure or building would not be adverse to the R2-NC district or the public interest by virtue of the structure's uniqueness or contribution to the significance of the district;

ii.

The proposed demolition would not have an adverse effect on the design and historic character of the structure and surrounding environment of the R2-NC district;

iii.

Demolition is not for the purposes of assembling properties for the construction of a large-scale structure, if such assemblage is determined to be incompatible with the purposes and intent of the R2-NC district;

iv.

The replacement structure or parts of the structure is designed and sited in a fashion that reflects the compatibility objectives of this chapter;

v.

The proposed partial demolition will not impact the stability or structural integrity of the remaining portions of the structure and appropriate measures are proposed to stabilize the building during demolition and construction. In the case of total demolition a structural analysis and evaluation has been conducted and determined the building to be unsound and is a threat to the public health and safety. The department of planning and zoning may require that such an evaluation be prepared by a certified structural engineer at the applicant's cost;

vi.

In order to approve any demolition request, the Director of Planning and Zoning may require a structural analysis of a structure or building, by a registered structural engineer, to determine if it is sound and not a threat to public health and safety before a demolition is authorized.

c.

For the purposes of this Chapter 21.40, demolition is defined as involving the entire removal of more than one exterior wall or the entire removal of the roof structure. These standards do not apply to demolition limited to the interior of a structure.

D.

Additional standards. Administrative adjustment to residential off-street parking. The Planning and Zoning Director may waive the residential off-street parking requirement, pursuant to the administrative adjustment procedures set forth in Chapter 21.18, if the provision of this parking will jeopardize the purpose of the district.

E.

Uses Deemed Conforming.

1.

The following uses are deemed to be conforming, pursuant to Section 21.68.030 of this Zoning Code, provided they were legally existing on November 19, 1990:

a.

Single-family attached and detached dwellings,

b.

Two-family dwellings,

c.

Nonresidential uses, except for uses listed in Subsection (E)(2) of this section, and

d.

Multi-family dwellings of five or fewer units.

2.

Warehouse, storage and/or distribution uses and automotive service uses legally existing on November 19, 1990 are not deemed to be conforming. However, these uses may apply for a special exception, pursuant to Chapter 21.26, to become conforming, provided that such application is made while the use retains its nonconforming rights under Chapter 21.68 of this Zoning Code.

3.

Single-family attached and detached dwellings and two-family dwellings deemed conforming may be expanded for residential use if they otherwise meet the requirements of this district, including the setback and height limitations in accordance with single-family detached dwellings. In the case of any alteration, expansion, or modification to a two-family dwelling, the front setback and elements of the front façade, including any single plane, with respect to each dwelling unit shall be retained or match those of the other unit.

4.

Any increase in the building bulk of nonresidential uses that become conforming under this subsection requires special exception approval pursuant to Chapter 21.26 of this Zoning Code.

(Ord. O-15-05 Revised Amended § 1 (part), 2005: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-65-09, § I, 3-8-2010; Ord. No. O-25-11 Amended, § I, 6-10-2013)