§ 10.203. PROCEDURES FOR NEIGHBORHOOD CONSERVATION DISTRICTS

A.

Initiation. A rezoning application for designation as a NCD may be initiated as follows:

1.

Property Owners. A petition may be submitted by:

a.

Property owners representing 51 percent of the land area within the proposed district; or

b.

51 percent of property owners within the proposed district.

2.

Landmark Commission, Planning Commission, or City Council. If the designation is initiated by the City, the Development Services Director shall arrange for:

a.

Provision of a minimum of two notices, either hand delivered or mailed, to all affected property owners and tenants advising of the City's interest in designation of an NCD incorporating their property, inviting their participation, and advising of meeting times and dates; and

b.

A minimum of two public forums, conducted by the Department of Planning with the affected property owners and tenants; and

c.

Except as modified by this Section, NCD designations shall follow all the procedures for a rezoning as provided in Division 13.600, Map Amendments.

B.

Neighborhood Conservation Plan. Upon receipt of a petition or conclusion of the public forums, the Department of Planning shall develop a Neighborhood Conservation Plan (NCP) for the proposed district. All property owners within the proposed district shall be afforded the opportunity to review and comment on the NCP, which shall be included as part of the ordinance creating an NCP. The NCP shall include, at a minimum:

1.

Maps indicating boundaries, age of structures, and existing land use within the proposed district;

2.

Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed district;

3.

A list of all property owners with legal addresses, neighborhood associations, or other organizations representing the interests of property owners in the proposed district; and

4.

Design standards for new construction of any building or structure, the relocation of any building or structure, or rehabilitation to the street facade of an existing building or structure.

C.

Neighborhood Design Standards. The NCP shall include NCDs.

1.

Ordinary Repair and Maintenance Exempted. The NCP shall not include provisions applying to those activities that constitute ordinary repair and maintenance, such as using the same material and design.

2.

Minimum Required Elements. The NCD for each NCP must include or note the inapplicability of the following elements governing the physical characteristics and features of all property, public or private, within the proposed district:

a.

Building height and number of stories;

b.

Building size and massing;

c.

Building relocation (in, out, and within district);

d.

Front, side, and rear yard setbacks;

e.

Lot size and coverage;

f.

Off-street parking and loading requirements;

g.

Paving and hardscape covering;

h.

Principal elevation features; and

i.

Roofline and pitch.

3.

Additional Elements. The NCDs may also include but shall not be limited to the following elements:

a.

Common architectural style and details;

b.

Building materials;

c.

Building orientation;

d.

Density;

e.

Driveways, curbs, and sidewalks;

f.

Entrance lighting;

g.

Fences and walls;

h.

Floor area ratio;

i.

Garage entrance location;

j.

General site planning;

k.

Landscaping;

l.

Right-of-way;

m.

Signage;

n.

Street furniture;

o.

Solar systems, components;

p.

Utility boxes and trash receptacles; and

q.

Window/dormer size and location.

4.

Modifications. Modifications to the Neighborhood Design Standards for an NCD shall be approved by City Council and may be initiated as follows:

a.

A petition may be submitted by:

i.

Property owners representing 51 percent of the land area within the designated district; or

ii.

51 percent of the property owners within the designated district.

b.

The City Council may initiate modifications, in which case the Development Services Director shall arrange for the same notices and public forums as under Section 10.203.A.2, above, for original designation of the NCD.

( Ord. No. 18-037, § 2, 6-21-18 )