City Code Central Business District (CBD) References
SEC. 16-145. PURPOSE AND INTENT
(A) This zone shall integrate residential, commercial, cultural and recreational land uses; encourage conservation of land resources and minimize auto travel; encourage a lively pedestrian-oriented commercial district; and provide for the location of employment and retail centers in close proximity to residential development of varying densities.
(B) This zone also shall encourage flexibility in architectural design and building bulk, while creating high-quality urban environments for residents, businesses, employees and institutions. The CBD zone implements the Oxnard Downtown District Master Plan. Advertising signs, building styles, colors and materials are regulated to implement this special theme-oriented district that reflects early Oxnard building styles and provides a strong pedestrian orientation. This theme is characterized by a variety of classic architectural styles dating from the late 1800’s through the mid 1900’s.
SEC. 16-147. PERMITTED USES
The following uses are permitted in the CBD Central Business District Zone. However, in structures that front on A Street between Third Street and Sixth Street and that are constructed on vacant property or that replace existing structures on or after the effective date of this section, the only permitted uses in the front one-third of the street level floor are retail and restaurant/café uses.
(A) Service uses –
(1) Banks and similar financial institutions;
(2) Data processing and computer centers, including service and maintenance;
(3) Executive, administrative and professional offices;
(4) Government office buildings and public facilities, utility offices, post offices, chambers of commerce, visitors’ bureaus and parks;
(5) Health and exercise centers and spas;
(6) Adult motels, except on A Street between Third Street and Sixth Street;
(7) Medical offices;
(8) Mortuary or funeral home;
(9) Large family day care homes that the Planning Manager finds to comply with the standards set out in section 16-440; child care centers serving no more than 15 children; and adult day care facilities serving no more than 15 adults; residential care facilities for the elderly serving no more than 15 persons; congregate living health facilities of no more than 15 beds; and small residential health or care facilities that conform to city ordinances restricting building heights, setbacks, lot dimensions, placement of signs and other matters applicable to dwellings of the same type in the same zone, and that provide services to no more than six persons, or to no more than eight children in the case of a small family day care home;
(10) Veterinarian offices;
(11) Consolidated transportation uses, except on A Street between Third Street and Sixth Street;
(12) Radio and television stations, excluding transmission facilities, except on A Street between Third Street and Sixth Street; and
(13) Similar uses as determined by the manager.
(B) Retail –
(1) Stores selling antiques or collectibles;
(2) Appliance sales with incidental repair;
(4) Barber shops;
(5) Beauty shops;
(6) Book stores, stationery;
(7) Boutique shops;
(8) Business service establishments, such as blueprinting and metal stamps, duplicating, printing and photocopying services;
(10) Craft sales, including limited product assembly;
(11) Florist shops;
(12) Galleries and art studios;
(14) Pet shops;
(16) Photography studios;
(17) Restaurants, including those with roof gardens;
(18) Outdoor dining or sidewalk cafés;
(19) Specialty clothing/leather goods;
(20) Specialty/gourmet food items;
(21) Tailor, dressmaking and millinery shops;
(22) Toys/novelty stores; and
(23) Similar uses as determined by the manager.
(C) Cultural uses –
(1) Art galleries;
(3) Studios for professional work including photography, music, drama, dancing, sculpture, painting, ceramics, weaving, jewelry; and
(4) Similar uses as determined by the manager.
(D) Technology –
(1) Software development, excluding any manufacturing of components;
(2) Electronic device/component development, excluding any manufacturing of devices or components; and
(3) Similar uses as determined by the manager.
SEC. 16-148. CONDITIONALLY PERMITTED USES.
The following uses shall be allowed in the CBD zone on approval of a special use permit in accordance with sections 16-530 through 16-553; provided, however, that only those following uses that are retail and restaurant/café uses may be approved if located in the front one-third of the street level floor of structures that front on A Street between Third Street and Sixth Street and that are constructed on vacant property or that replace existing structures on or after the effective date of this section:
(A) Assembly or concert halls;
(B) Hotels and motels;
(C) Nightclubs which are operated as a place of entertainment, characterized by the following principal uses of the floor area within the nightclub:
(1) Live, recorded or televised entertainment, including but limited to performances by magicians, musicians or comedians;
(2) Patron dancing; and
(3) Seating for patrons. Alcohol may be served in association with an on-site ancillary restaurant;
(D) Child care centers serving more than 15 children; adult day care facilities serving more than 15 adults; residential care facilities for the elderly serving more than 15 persons; and congregate living health facilities of more than 15 beds;
(E) Parking garages and parking lots as the only use on a lot; however, in the area bounded by Third Street to the north, Sixth Street to the south, the west side of Oxnard Boulevard to the east, and the east side of B Street to the west, parking garages shall not be located closer than 25 feet to A Street, and the space between the parking garage and A Street shall consist of permanent, enclosed floor area intended for occupancy by retail and/or restaurant/café uses and any necessary vehicle entrances to the parking garages.
(F) Private clubs and garages;
(G) Churches and related facilities;
(H) Public or private schools and colleges for general or vocational education in a classroom setting;
(I) Residential uses, including mobile home parks and residential units over commercial or office uses;
(J) Motor vehicle or truck services and sales, except on A Street between Third Street and Sixth Street;
(K) Sale of alcoholic beverages for consumption off the site or for consumption on a site having a restaurant;
(L) Street vendors utilizing movable carts;
(M) Pawnshops; however, if the building occupied by such use fronts on A Street between Third Street and Sixth Street, the pawnshop use may be carried on only in the rear two-thirds of the building, unless the building has no street-level windows (other than as part of entry doors) on A Street.
(N) Bed and breakfast inns, subject to the regulations contained in sections 16-370 through 16-375;
(O) Clinics and laboratories;
(P) Farmers’ markets; and
(Q) Theaters, motion picture theaters and multiplex motion picture theaters.
(R) Senior and/or senior assisted living residential facility.
SEC. 16-149. PROHIBITED USES
The following uses are prohibited in the CBD zone and shall not be considered similar uses as determined by the manager:
(A) Bars which are not accessory to restaurants;
(B) Drive-in restaurants/drive-through restaurants;
(C) Internally illuminated outdoor vending machines visible from a public street or public parking lot;
(D) Massage therapy not located on the same premises as and as an ancillary use to a medical office, or to premises where active exercise activities are performed for the purpose of physical fitness, or to premises where personal grooming services are provided;
(E) Mini-warehouses and self storage facilities;
(F) Outdoor advertising signs (billboards);
(G) Outdoor storage and assembly, except as otherwise permitted by this chapter;
(H) Social services (including soup kitchens, charitable food distribution centers, drug/alcohol treatment and rehab centers that serve more than six persons) and emergency shelters;
(I) Swap meets;
(J) Thrift stores and secondhand stores; and
(K) Cannabis-related uses, including the sale or production of products containing cannabis or cannabis components.
Sec. 16-150. PROPERTY DEVELOPMENT STANDARDS
(A) Minimum lot area – No minimum, but dimensions shall be sufficient to meet building regulations contained in chapter 14 of the code.
(B) Maximum building height – Forty-eight feet with up to an additional 25% height increase allowed by special use permit. Non-habitable architectural features such as towers, flagpoles or turrets may exceed the maximum height by 15 feet.
(C) Setbacks – None for commercial uses. Mixed use/residential use front setbacks shall be a minimum of ten feet unless an alternative setback is established by the special use permit required for such uses. Special architectural features may project up to three feet beyond the property or right-of-way line and shall be at least 12 feet above the highest point of the publicly-owned land over which they project. A license agreement with the city is required for the projection. No such feature shall project into an adjacent privately-owned parcel or obstruct a vehicle access or parking area.
(D) Build-to-line – First floors of commercial structures shall be built to and parallel with the property or right-of-way line, whichever is located at the back of the public sidewalk, except that front entry ways into the first floor of the structure may be recessed. Buildings on corner lots may have an additional setback of 15 feet at the corner to provide articulation of the facade or a corner entry. These requirements shall apply to all new buildings and to additions of 50% or more gross floor area to an existing building, unless an arcade, colonnade, outdoor public courtyard, outdoor plaza or outdoor café is included in the building design.
(E) Location of parking lot – If an automobile parking lot is provided on-site for new commercial, residential or institutional buildings, the parking lot shall be located behind the building. If such location is not feasible, the parking lot shall be located along the side of the building, and no parking spaces shall be located closer than ten feet to the public sidewalk on which the building fronts.
(F) Maximum building lot coverage – Up to 100% for commercial uses provided all other requirements of the code are met, including but not limited to on-site parking, refuse containment and landscaping.
(G) Interior yard space – For residential uses, interior yard space shall equal not less than 15% of the lot area, with 15-foot minimum dimensions.
(H) Residential density – Shall not exceed 39 units per acre.
(I) Minimum dwelling unit size – Four hundred fifty square feet in net area.
(J) Parking requirements – The parking requirements of the code apply to all of an existing building when an addition to the building exceeds 25% of existing floor area or 1,500 square feet, whichever is less, or when a change of use of the building increases parking requirements by 25% or more.
SEC. 16-151. OPERATIONAL STANDARDS
(A) All buildings fronting on A Street between Third Street and Sixth Street shall maintain all street level windows facing A Street as transparent and unobstructed by window coverings, such as shades, blinds and curtains.
(B) Retail shop windows facing a public street shall have decorative and attractive displays. Stored products or the back side of merchandise racks shall not be visible through such windows from a public street.
SEC. 16-152. DEVELOPMENT DESIGN STANDARDS; SPECIAL REQUIREMENTS.
The following standards apply to buildings, structures and sites in the CBD:
(A) Application of standards –
(1) All of the standards apply to new construction; to all of a building that is remodeled so as to change 50 percent or more of a building’s front facade; to all of a structure or site that is remodeled to change 50 percent or more of the structure or site; and to any addition to a structure, building or site.
(2) If a building is remodeled so as to change less than 50 percent of the building’s front facade, or if a structure or site is remodeled so as to change less than 50 percent of the structure or site, the remodeled parts of the building, structure or site are subject to all of the standards; provided, however, that a remodeling project consisting solely of changing the paint color of a building or structure shall be subject only to the standards of subsection (C)(3) of this section.
(3) Changes to the exterior of a building, structure or site for which a downtown design review permit is required, but which do not involve new construction or remodeling, shall comply with all of the standards, subject to the manager’s authority to approve exceptions pursuant to subsection (B) of this section.
(4) Any or all of the standards in the subsections below shall also apply to unremodeled portions of a building, structure or site, as the manager determines to be necessary in order to provide a consistent “Early Oxnard” style for the building, structure or site.
(B) Exceptions to standards – The manager may approve exceptions to the standards contained in subsections (C), (D), (F), (I) and (K) below, as described in section 16-153.
(C) Architectural design standards –
(1) Building styles shall emulate styles present in downtown Oxnard in the early and mid 1900’s. Permitted styles are Early Twentieth Century Commercial, Spanish Revival, Classical Revival, Moderne, Art Deco, Victorian, and Early Renaissance Revival. Such styles are referred to in this division as the “Early Oxnard” theme.
(2) Uniform architectural design shall be provided on a building with full treatments for all building sides exposed to public view in accordance with the theme architectural styles listed in subsection (C)(1) above.
(3) Building colors shall comply with the following standards:
(a) Primary exterior building colors shall be muted. Trim and detail colors shall provide a stronger contrasting accent.
(b) Light-colored walls shall be contrasted with a darker or more intense trim color while darker-colored walls shall be contrasted with light-colored trim.
(c) Bright and intense colors shall be used sparingly and only for refined or delicate detailing.
(d) Building color shall be compatible with the building’s architectural style. Colors that the manager determines to be inconsistent with the building’s architecture are not permitted.
(e) Brick, stone and copper shall be left in their natural colors.
(4) Commercial structures shall have at least 70 percent of the linear frontage of the first story in glazing. A maximum of ten percent tint is allowed on the glazing. New office and security-oriented uses may deviate from this standard as approved by a downtown design review permit. Building walls without openings are prohibited on the front facade adjacent to a sidewalk.
(5) Building walls shall be of stucco, stone, brick, clapboard, shingle or a combination. Stucco shall be smooth sand finish. Different wall materials shall be combined only vertically, with lighter materials above those that are more substantial.
(6) Visible roofs shall be clay tile, concrete tile, slate or dimensional shingles consistent with the building’s architectural style. Gutters shall be galvanized steel, copper, anodized aluminum or vinyl. Vinyl gutters shall be finished to match or compliment the building. Flat roofs shall be enclosed by parapet walls no less than 42 inches high on all sides. Parapets shall have profiled cornices, if appropriate to the building’s architectural style.
(7) At least one new pedestrian-oriented storefront element shall be incorporated into all commercial buildings or sites, including but not limited to special entryway architecture, recessed main entry, bulkheads, transom windows, special building design details (e.g., tile, wood or stone trim), special door design, pedestrian hanging signs, awnings, balconies, terraces, fountains, sculpture, outdoor seating, decorative paving and public plaza.
(8) Significant, authentic, historical architectural details and building materials on existing buildings, as determined by the committee, shall be preserved. These features shall be incorporated into remodeling projects and reflected in building additions.
(9) New multi-family residential structures shall be designed with a courtyard open to the street. The courtyard shall have minimum dimensions of 25 feet by 50 feet unless an alternative design is approved by the special use permit required for residential uses. As an alternative, a multi-family residential structure may be built without a courtyard when a ten-foot setback is provided between the building and the public sidewalk. Garden walls and/or front yard patios shall be provided in the front yard area and may encroach into the required ten-foot setback.
(10) Roof-mounted mechanical equipment shall be screened from the view of abutting roadways, ground level residential areas and public sidewalks. Screening elements shall be integrated with main structural or architectural features.
(11) Awnings shall have open ends, except for half sphere/dome-shaped awnings, and shall be sized to match the opening. Awnings shall not project more than eight feet from the building facade. Rigid awning frames shall not be less than eight feet above the sidewalk. Fabric valances may hang to within seven feet six inches of the sidewalk. Awnings shall be made of fabric, not hard plastic-type materials. Awnings shall have noncombustible frames and flame retardant coverings. Awnings may extend over public property no more than eight feet, but no portion shall extend nearer than two feet to the face of the nearest curb line measured horizontally. A license agreement with the city is required for any projection over the public right-of-way.
(12) Automobile and truck sales and service uses shall provide a screen wall and/or landscaping a minimum of 20 inches high between the sidewalk and any automobile parking or display areas.
(D) Landscaping –
(1) All landscaping shall be installed and maintained in accordance with sections 16-641 and 16-642. Vegetation sizes and types shall be in accordance with adopted city guidelines.
(2) Commercial buildings, residential developments and parking lots shall landscape a minimum of six percent of the lot area, which may include a portion in decorative hardscape.
(3) The manager may credit a commercial building with up to six percent of the required landscaping if the building incorporates features which will enhance the building’s pedestrian orientation and the “Early Oxnard” theme. Such features may include but are not limited to:
(a) Window boxes for flower planting;
(b) Theme glazing, such as stained glass, beveled glass, arched window openings, and transom windows, in an historic context;
(d) Enriched paving, such as brick, cobblestone or decorative tile;
(e) Entryway planting;
(f) Interior plantings in atriums or common areas;
(g) Theme lighting (antique light standards and lighting fixtures);
(h) Neon lighting used as architectural ornamentation if consistent with and complementary to the building’s architectural style;
(i) Urban sculpture of an appropriate scale;
(j) Outdoor terraces or public plazas;
(l) Outdoor seating;
(n) Special entryway architecture or recessed main entry;
(o) Special building design details (tile, wood or stone trim, etc.); and
(p) Special door design.
(E) Lighting –
(1) On-site lighting systems shall use theme-coordinated decorative architectural standards and devices that provide down-lighting. Lighting shall be shielded from abutting public streets, residential areas, and adjoining properties. The manager or the planning commission may approve up-lighting of architectural features that is appropriate to the structure.
(2) Lighting levels at various locations, such as parking lots and walkways, used from dusk to dawn shall be provided as required in this chapter.
(F) Walls and fences –
(1) A minimum six-foot high masonry wall is required where the CBD zone directly abuts a residential zone, unless an alley or street separates the two zones.
(2) Where required or provided, walls and fences shall be finished in textures and colors to match architectural features of the primary structure. Landscaping shall abut any exterior building wall having no opening for loading or building entry.
(3) An opaque freestanding wall shall be built on the required setback line or within eight feet thereof in order to mask new parking areas from the street. Parking lot walls shall be four to five feet in height and made of materials matching or complimenting the adjacent buildings. A continuous maintained hedge may replace a street wall. Openings to allow vehicular and pedestrian access as well as views for security patrols are required. Openings may be gated.
(4) If a building is set back from the edge of the right-of-way (sidewalk), a garden wall may be built on the property line or within four feet thereof. Garden walls shall be no more than 48 inches in height, at least eight inches thick and capped with a pitched or round top. Garden walls shall be finished in stucco, brick, or stone matching the main building. Gates may be provided.
(G) Parking and access –
(1) Notwithstanding any other provision of the code, the number of required parking spaces shall be met by one or a combination of the following methods:
(a) Within the subject property;
(b) On-street immediately adjacent and contiguous to the property line;
(c) Public parking lots within 700 feet of the nearest point of the subject property;
(d) Public parking structures within 1,000 feet of the nearest point of the subject property;
(e) Off-site private parking within 500 feet of the nearest point of the subject property.
(2) If an applicant proposes to meet the parking requirement by using on-street and/or public parking facilities, the planning commission shall review and determine the appropriate mix of parking compliance pursuant to a special use permit application. The applicant shall provide a parking study in support of the application, addressing the following items:
(a) Description of the project, including setting, required parking, demand of parking by type and special features of the proposed project;
(b) Survey of existing public and private parking within 1,200 feet of the proposed project;
(c) Description of the proposed mix of parking;
(d) Analysis of existing demand and survey use of proposed off-site public parking facilities and on-street parking;
(e) Impact on existing public parking facilities and on-street parking as a result of the proposed project and use of proposed parking mix; and
(f) Analysis of the impact on the proposed project as a result of use of public parking facilities and on-street parking.
(3) Tandem parking (pairs of on-site parking spaces located one behind the other) for employees of a single business or for residents of a single dwelling unit may be approved by the planning commission pursuant to a special use permit application.
(H) Sidewalk cafés –
(1) Location requirements –
(a) A sidewalk café, where permitted, may be located on the public right-of-way adjacent to the restaurant serving the café. A business license for a sidewalk café may be granted after review of the application by appropriate city departments and issuance of an encroachment permit or license agreement.
(b) All sidewalk cafés shall leave clear space for pedestrian movement between the outer edge of the café and the curb line. Sidewalk cafés located at street intersections shall provide a 15-foot clear space radial to the corner. If pedestrian traffic is especially heavy, the manager may require additional clear space to ensure adequate room for pedestrian movements.
(c) No sidewalk café shall be located within 15 feet of a bus stop or bus shelter.
(2) Physical design requirements –
(a) All furnishings of a sidewalk café including, but not limited to, tables, chairs and decorative accessories, shall be readily movable.
(b) No part of a sidewalk café may be permanently attached to public space. The person to whom the business license for the café is issued shall repair any damage done by the café to public property.
(c) When a sidewalk café or the adjacent restaurant is occupied, no exit door shall be locked, bolted or otherwise fastened or obstructed so that the door cannot be opened from the inside.
(d) Chairs and tables shall be arranged so as to provide for clear access to an exit. No part of an aisle shall be used in any way that will obstruct its use as an exit or that will constitute a hazardous condition.
(e) Sidewalk cafés shall not be arranged so as to restrict the use of emergency exits, fire escapes on adjacent buildings and access to fire hydrants.
(f) Freestanding or table mounted shade umbrellas shall be kept in good repair and may be used only where space permits.
(g) Freestanding lamps are not permitted. Flashing or moving lights are not permitted. Table candles may be used. Electric wiring shall not be placed in pedestrian areas.
(h) Awnings shall be kept in good repair.
(i) Seating and accessories and other components of the sidewalk café shall be maintained in a neat and safe manner.
(j) The height of a railing, fence, or planter (including plantings) used to establish boundaries of seating areas shall be at least 24 inches in height but not higher than 36 inches.
(k) Plank-style picnic tables with bench seating are not permitted.
(3) Café operation requirements –
(a) Sidewalk cafés shall be operated and maintained in accordance with the applicant’s building plans approved by the manager and the public works director.
(b) The person to whom the business license for the café is issued shall remove all wrappings, litter and food and shall provide thorough and sanitary cleaning each day after the café closes.
(c) Sidewalk cafés shall not operate earlier than 8:00 a.m. or later than 12:00 midnight.
(I) On-site advertising signs –
(1) Freestanding, portable, roof, cloth, paper or flashing or moving signs are not permitted, including decorative plastic or cloth banners or pennants displayed outdoors, other than those specifically permitted as temporary signs.
(2) Sign design shall be pedestrian-oriented and contribute to the “Early Oxnard” theme. The lettering, location, size, number, illumination, and color of signs shall be contemporary to the period in which the building or structure was built and shall complement the building facade.
(3) The total amount of signage permitted on a building shall be as provided in the sign ordinance for the C-2 general commercial zone. No more than 300 square feet of signage is permitted on any side of a building.
(4) Canopies bearing signs are allowed, subject to the following standards:
(a) For purposes of including signs on awnings in the CBD zone, awnings shall be considered as canopies as defined in section 16-596.
(b) A building permit shall be obtained from the development services department prior to installation of any awning. A license agreement with the city is also required if any portion of the awning extends over the public right-of-way.
(c) Signs may cover no more than 20 percent of the surface area of awnings on the ground floor level of a building. Ten percent of awnings on any floor above ground floor may be covered by signs. Awning signs shall be placed only on the awning valance, except as provided in subdivision (d) below. The total area of signs on awnings shall be included when calculating the amount of sign area for the property in accordance with the sign provisions of the code.
(d) Under awning pedestrian identification signs perpendicular to the building and 5 inches by 12 inches in size are permitted. Such signs shall not be included in the total sign area.
(5) Wall signs are permitted if mounted on a building in a single sign band, not to exceed two feet in height by any length. Wall signs shall be an attached panel, painted on the wall or individually mounted letters or logos. Wall signs shall not block or cover any significant architectural features or details of the building. Wall signs shall not be translucent with interior lighting. Can or cabinet signs and flat plywood-type signs are prohibited. Exterior lighting may be required unless back-lighting such as neon is used to outline the letters or sign. A license agreement with the city is also required if any portion of the wall sign extends over the public right-of-way.
(6) Hanging pedestrian signs are permitted if attached perpendicularly to a facade or hanging under a canopy/awning or roof projection. A decorative hanging bracket shall be used if the sign is not attached directly to the building facade. Such signs may project up to three feet from the building facade and be up to two feet in height. Hanging signs may project up to three feet into public right-of-way. A license agreement with the city is required if any portion of the sign extends over the public right-of-way.
(7) Window signs that are permanently painted or applied to the inside of windows are permitted limited to 20% of the window area on the first floor and 10% of the window area on each floor above the first floor. Neon signs within the size limitations may be placed in windows, but may not flash or blink.
(8) Ground signs are permitted if a building on the same lot has at least 100 feet of frontage on a public street. Ground signs shall be set back 15 feet from the sidewalk and placed on a foundation or ornamental wall. Ground signs shall not be higher than 48 inches as measured from the ground directly beneath the sign.
(9) Murals and/or painted art are permitted on building walls and do not count toward the total amount of signage for a building if no lettering or logos are included.
(10) Wall signs on the exterior of commercial buildings or structures fronting on A Street may include up to nine square feet of neon elements, but no other neon shall be placed on the building.
(11) Signs shall not include fluorescent colors.
(12) Signs shall conform to the color palette, materials, lettering styles and fonts, border treatments and lighting options approved by resolution of the city council.
(13) Temporary signs are permitted subject to the standards that apply to temporary signs in the C-2 zone.
(14) Applications for sign permits shall comply with provisions of sections 16-15, 16-153 and 16-600 and the following additional items are required:
(a) Color rendering of the sign;
(b) A full rendering or color photograph showing the sign location outlined on the building to scale;
(c) The size and dimensions of the sign and the materials to be utilized;
(d) A statement of whether the sign will be illuminated, and if so, whether illumination will be direct or indirect. A drawing of the lighting fixture shall also be provided;
(e) Samples of materials to be used; and
(f) Drawings of electrical connections for the sign.
(15) Approval or denial of an application for a new sign permit or modification of an existing sign shall be based on the following factors:
(a) The sign’s compatibility with the building use and architectural style and with other buildings and uses in the vicinity;
(b) The sign’s compliance with the code;
(c) The sign’s compliance with the provisions of any redevelopment or area plan adopted for the area; and
(d) The sign’s contribution to the CBD’s pedestrian-orientation and Early Oxnard theme.
(J) Refuse enclosures and containment –
(1) All uses on individual lots shall provide refuse containers and enclosures in accordance with adopted public works department standards. All solid masonry or concrete enclosures shall be finished in textures and colors to match the major architectural features of the primary structure.
(2) All refuse containment areas shall be maintained in a sanitary manner, and enclosures and gates shall be maintained in good condition. Refuse containers shall be stored within the enclosure at all time.
(3) Unless a business is located on A Street between Third and Sixth Streets and a communal dumpster is provided by the city, a trash enclosure shall be provided where none exists, under any of the following circumstances:
(a) A significant change of use occurs that increases trash production over the previous on-site use;
(b) Fifty percent or more of the exterior of a building is remodeled or a private parking lot is modified;
(c) The square footage of an existing building is increased by 50 % or more; or
(d) A new building is constructed.
(K) Loading and outdoor storage areas –
(1) Loading spaces shall be provided in accordance with article X, if structures are larger than 5,000 square feet.
(2) If entries of docks are provided exclusively for loading and unloading purposes, such loading dock areas, ramps, and entries shall be screened by a solid wall or fence and landscaping from any public roadway or residential area. Such wall or fence shall not be less than eight feet in height.
(3) Solid screening and enclosure walls or fences shall be constructed of materials, textures and colors to match or complement the architectural features of the primary structure.
(4) All loading areas or spaces shall be a minimum of 50 feet from any residential
SEC. 16-153. DOWNTOWN DESIGN REVIEW PERMITS.
(A) No person shall make any change to the exterior of a building or to property for which this chapter does not require a special use permit or other zoning permit until such person has obtained a major or minor downtown design review permit or an over the counter downtown design review permit. Such changes include, but are not limited to, repainting or changing exterior finishes; installing new doors or windows; installing new roof material, gutters or roof screening for equipment; constructing new buildings or structures; constructing additions to existing buildings or structures; installing site improvements such as lighting, landscaping, parking areas, trash enclosures and fences; instituting outdoor commercial uses such as sidewalk cafés or installing outdoor vending machines; installing new signs and changing existing signs.
(B) An application for a special use permit in the CBD that involves exterior changes to a building or site shall serve as an application for a downtown design review permit.
(C) A major downtown design review permit is required for new parking lots and all changes to the exterior of a building or structure that require a building permit unless only one of the following actions is proposed: new sign or copy change to previously approved sign; new or renovated trash enclosure; adding or changing exterior theme lighting to a building; adding or changing screen fencing or walls; adding an outdoor café area or an outdoor vending machine; adding or changing awnings; or adding one or more pedestrian-oriented elements described in section 16-152.
(D) A minor downtown design review permit is required for the changes listed in subsection (A) that do not require a major downtown design review permit and for all other changes to the exterior of a building or property that do not require a building permit or an over-the-counter downtown design review permit.
(E) An over-the-counter downtown design review permit is required for changes to the exterior of a building or property that are consistent with design criteria adopted by the city council by resolution.
SEC. 16-154. DECISION BY PLANNING AND ENVIRONMENTAL SERVICES MANAGER
(A) The manager shall determine applications for over-the-counter downtown design review permits.
(B) After receiving a recommendation from the committee, the manager shall determine applications for major and minor downtown design review permits that do not include a special use permit application.
(C) Applications for downtown design review permits shall be made on forms prescribed by the manager. The applicant shall furnish a description of the property for which the downtown design review permit is sought and a map or site plan showing the exterior boundaries of the area and the building or structure subject to the permit. For sign applications, the applicant shall furnish the items specified in section 16-152(I)(14). The manager may require the applicant to show elevations and perspective drawings of the proposed improvements or building plans, and to provide other supporting data including proposed colors and materials. The manager shall not accept an application unless it is accompanied by the application fee set by resolution of the city council.
(D) The manager shall refer to the committee for recommendation all accepted applications for major and minor downtown design review permits and for special use permits for property located in the CBD.
(E) The manager may also refer to the development advisory committee for recommendation all accepted applications for major downtown design review permits and for special use permits for property located in the CBD.
(F) The manager shall deny applications for major and minor downtown design review permits that do not meet the standards of the CBD zone; provided, however, that the manager may approve exceptions of less than 25% to standards contained in subsections 16-152(C), (D), (F), (I) and (K) if the committee so recommends and if the manager finds that the proposed project incorporates design characteristics and pedestrian-oriented elements in excess of, and consistent with, other standards in section 16-152. If the manager approves an application for a major or minor downtown design review permit, the manager may impose thereon conditions designed to ensure that the project complies with adopted city standards and any exceptions thereto.
(G) The manager shall determine applications for major and minor design review permits within the time prescribed by State law and with such public notice as is required by State law. The manager shall issue a written decision on each application. Not later than ten days after issuing a decision, the manager shall mail a copy of the decision to the applicant at the address appearing on the application. The decision shall include a statement of the applicant’s right to request that the director review the manager’s decision and the manner in which such a request may be made.
(H) Within ten days of the date the decision is mailed to the applicant, the applicant or any owner of property or a business located within 300 feet of the project site may request that the director review the manager’s decision by filing with the manager a written request that specifies the grounds for review and the relief requested. The manager shall not accept such a request unless it is timely and is accompanied by the review fee set by resolution of the city council.
(I) The manager’s decision as to an application for a downtown design review permit is effective on issuance; provided, however, that if a request for review is filed as described above, the decision shall be stayed pending the decision.
(J) The director’s decision shall be final and may not be appealed.