Division 2. Standard Zoning District Regulations, Article IV. District Regulations, Chapter 23. Zoning, Land Use And Development Regulation, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2022-52, Adopted 1-03-2023)

Code of Ordinances

Chapter 23. Zoning, Land Use And Development Regulation

Article IV. District Regulations

Division 2. Standard Zoning District Regulations

§ 23-421. Permitted and special exception uses allowed in zoning districts.

Effective on Tuesday, October 4, 2022

The types of uses allowed in the various standard zoning districts shall be as set forth in Table 23-421. Uses not listed on the table or not shown as permitted (P), special exception (S), or planned development project (PDP) are prohibited. No variances shall be granted to allow uses not otherwise allowed in a zoning district, except that housing types other than single-family may be allowed in a planned development project (PDP) approved pursuant to section 23-224.

a. Permitted uses. Permitted uses require approval by the administrative official in accordance with section 23-212, verification of zoning compliance.

b. Conditional uses. Uses marked with an asterisk (*) are conditional uses that require approval by the administrative official subject to the conditions for the specific use set forth in article III, division 2, conditional use regulations.

c. Special exception uses. Special exception uses may be approved by the planning board in accordance with the procedures in section 23-216, special exception use permit.

TABLE 23-421
PERMITTED USES AND SPECIAL EXCEPTION USES IN STANDARD ZONING DISTRICTS

P - Permitted Use S - Special Exception Use PDP - Planned Development Project MDP - Master Development Plan

R-1A

R-1B

R-1C

R-1D

R-2

R-3

PDMU

D-
MU

C-1/
C-1A

C-2

C-2R

C-3

C-4

C-5¹

LCI

I-1

I-2

RESIDENTIAL

Dwelling: Single-family

MDP

Dwelling: Single-family
attached

MDP

Dwelling: Two-family

MDP

Dwelling: Multi-family (up to 12 units on one parcel)

MDP

Dwelling: Multi-family (more than 12 units/parcel)

PDP

MDP

PDP

Dwelling unit for caretaker employed on premises

MDP

Dwelling, accessory to single-family house*

MDP

Live / Work Unit

MDP

Mixed-use - residential and nonresidential

PDP

MDP

PDP2

PDP

Manufactured and Modular Homes (individual lots)

Manufactured Home and Modular Home Parks

PDP

Modular Home Subdivisions

PDP

Manufactured Home Subdivisions

AMUSEMENT ESTABLISHMENTS

Amusement establishment—Indoor

MDP

Amusement establishment—Outdoor

MDP

Indoor shooting ranges

MDP

Movie theater— Indoor

MDP

AUTOMOTIVE USES*

Auto and truck rental

MDP

Auto and truck repair

MDP

Auto, truck, or motor cycle dealer

MDP

Auto parking establishments (principal use)

Auto service station

MDP

Car wash

MDP

Recreational vehicle, mobile home, or boat dealers

MDP

EDUCATIONAL AND CULTURAL

Club7

MDP

Cultural facilities

MDP

Day care center3*

MDP

Religious establishment

MDP

Schools, athletic or music

MDP

Schools, post secondary

MDP

Schools, primary-secondary

MDP

Schools, training (other than athletic or music)

MDP

FARMING/OTHER AGRICULTURAL

Farming, crop4 or nursery without retail sales

MDP

Nursery, plant with retail sales

MDP

FOOD AND BEVERAGE BUSINESSES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.)

Bar, wine and beer7

MDP

P / S
(see
note
7)

P -
C1-A
only

Bar

P / S
(see
note
7)

Catering facility

MDP

Food processing

MDP

Mobile Food Vending/Mobile Food Dispensing Vehicles *

MDP

Restaurants, eat-in5, 7

MDP

Restaurants, drive-up

MDP

Restaurant, outdoor cafe7

MDP

Restaurant, take-out5

MDP

HEALTH CARE

Health service

MDP

Hospitals

MDP

Medical Marijuana Dispensaries and Treatment Centers *

MDP

Medical office (one practitioner)

MDP

Nursing care homes*

MDP

Veterinarian or small animal hospital

MDP

Animal hospital

MDP

LODGINGS

Bed and breakfast (accessory to single-family)*

MDP

Boarding house

MDP

Dormitory

MDP

Hotel

MDP

P/S

Motel

MDP

INDUSTRIAL USES

Assembly and fabrication

MDP

Laundry and dry cleaning plants

MDP

Manufacturing—Light

MDP

Manufacturing—Heavy

Warehouse/Distribution

MDP

PROFESSIONAL AND COMMERCIAL USES**

Artisan Production, small scale

MDP

Artisan Production, large scale

MDP

Bank

MDP

Bank with drive-up window

MDP

Construction support—Light

MDP

Construction support—Heavy

Funeral home

MDP

Kennel

MDP

Laboratory, research

MDP

Landscaping service

MDP

Laundromat*

MDP

Mini-storage

MDP

Office, professional (except medical)

MDP

Personal service

MDP

STORES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.)

Convenience store (incl. groceries, drugs, or liquor)

MDP

Convenience store with gasoline service

MDP

Outdoor display or sales (as principal or accessory use)6

MDP

Store, retail — up to 1,500 sq. ft./store

MDP

Store, retail - up to 12,500 sq. ft./store

MDP

Store, retail - from 12,500 to 100,000 sq. ft./store

MDP

Store, retail - from 100,000 to 300,000 sq. ft./store

MDP

PUBLIC AND GOVERNMENT

Aircraft establishment

Airports, heliports and related aviation facilities

Public facilities and offices**

MDP

Public transportation terminals

MDP

Solar Power Generation Facility*

* See special conditions for this use in article III, division 2 Conditional Use Regulations.

For conditions for a dwelling unit accessory to a single-family dwelling, see Table 23-521, Accessory Uses - Residential Properties.

** Public facilities and offices are permitted uses in all districts with the approval by the city commission and a courtesy review and recommendation from the planning board.

1 A development in a C-5 zoning district requires approval as a Planned Development Project. (See section 23-224.)

2 Mixed-use and multi-family development may be approved through the PDP process only if consistent with the policies of the Comprehensive Plan for the Future Land Use classification of the property. Standards in section 23-445 apply to all mixed-use planned developments and those in section 23-443 apply to all residential planned developments.

3 A "day care home," a day care facility with 4 or fewer clients (See definition in article VIII) is a permitted use accessory to a single-family house pursuant to section 23-521.

4 A farm stand is permitted as accessory to an agricultural use.

5 A restaurant may be permitted as accessory to a nonresidential use pursuant to section 23-541.

6 For exceptions, see section 23-343 "Auctions, sales, and events, temporary" and section 23-355 "Yard sales."

7 See also section 23-353, Conditional use regulations for "outdoor seating areas" and section 23-342 for Conditional use regulations on alcoholic beverages.

8 C-2 zoning districts in the RAC land use category only.

9 Planned Development Mixed Use development may be approved through the MDP process only if consistent with Policy 2.18 of the Comprehensive Plan and Section 23-450.

10 Single-family attached in the C-1/C1A zoning districts not permitted on the ground floor.

NOTES:

•Conversion of a dwelling unit to a non-residential use requires a special exception use permit, regardless of whether the new use is a permitted (P) or special exception use (S).

•Outdoor storage in BP, I-1, and I-2 is allowed with site plan approval.

•Outdoor display and sales at an otherwise permitted business or enterprise are subject to conditions in Sec. 23-343.

•Planned Development Projects may be approved in any district per the procedure set forth in section 23-224 and per the regulations set forth in section 23-443.

•The addition of an accessory use to a property where the principal use is a special exception use requires is considered an expansion of the special exception use requiring a new special exception use permit prior to construction or commencement of the use. (See also section 23-501, accessory uses and structures).

•Outdoor seating for any establishment must meet conditional use regulations in section 23-353.

• Non-residential uses are permitted as a subordinate part of a residential Planned Development Project and are limited to those uses permitted in the C-4 Neighborhood Commercial zoning district.

(Ord. No. 2005-47, § 1, 10-18-05; Ord. No. 2007-02, § 12, 3-6-07; Ord. No. 2007-33, § 3, 9-4-07; Ord. No. 2008-04, § 9, 2-19-08; Ord. No. 2008-45, §§ 15, 16, 12-16-08; Ord. No. 2009-174, § 2, 10-20-09; Ord. No. 2010-11, § 3, 6-15-10; Ord. No. 2011-04, § 3, 3-1-11; Ord. No. 2012-02, § 1, 2-21-12; Ord. No. 2015-04, § 9, 7-7-15; Ord. No. 2017-05, § 2, 4-18-17; Ord. No. 2017-19, § 1, 10-17-17; Ord. No. 2018-07, § 4, 09-19-18; Ord. No. 2019-12,§ 1, 09-24-19; Ord. No. 2020-06,§ 2, 06-02-20; Ord. No. 2020-27,§ 1, 10-20-20; Ord. No. 2020-30,§ 1, 12-02-20; Ord. No. 2021-09,§ 1, 6-02-21; Ord. No. 2021-20, § 1, 9-20-21; Ord. No. 2021-25, § 1, 11-02-21; Ord. No. 2022-06, § 1, 3-01-22; Ord. No. 2022-30, § 1, 8-02-22; Ord. No. 2022-37, § 1, 9-07-22; Ord. No. 2022-45, § 1, 10-04-22)

§ 23-422. Dimensional requirements for use of land.

Effective on Tuesday, October 4, 2022

The dimensional requirements for the use of land in the various zoning districts shall be as set forth in Tables 23-422A and 23-422B. Dimensional requirements for accessory structures are set forth in Article V. No lot shall be reduced in size or altered in dimensions so as to create a non-conformity in terms of lot area, building setbacks, or other dimensional requirements of this chapter.

•Waiver of front yard requirements. On lots in subdivisions where the front yard requirements have been waived pursuant to subsection 23-522(b), accessory structures will be allowed in the functional rear yard per the requirements of that section.

•Waivers in Planned Development Projects (PDPs). Deviation from the dimensional requirements of this section may be granted through the Planned Development Project (PDP) process pursuant to section 23-224. Residential density shall be in compliance with the classification of the property as established on the Future Land Use Map and the Future Land Use Element of the Comprehensive Plan.

•Administrative Waivers. Administrative Waivers shall be submitted for review and recommendation to the Administrative Official. Waivers shall then be approved or denied by the City Manager. The Waivers may authorize up to a twenty (20) percent reduction in zoning standards for setbacks, height, parking, buffering, living area, floor area/impervious surface ratio, and other related zoning standards. An applicant may appeal the decision of the City Manager to the City Commission.

TABLE 23-422A
DIMENSIONAL AND AREA STANDARDS—RESIDENTIAL DISTRICTS

Notes: Minimum floor area for a dwelling unit in the R-3, PF, C1, and C2R zoning districts may be waived by the Administrative Official.

Zoning	Dwelling Type	Minimum Lot Size (sq. feet)⁹	Minimum Street Frontage (feet)¹	Minimum Lot Width at building line (feet)	Minimum Floor Area (sq feet)²	Minimum Setbacks* Principal Buildings (feet)			Maximum Lot Coverage⁸ (percent)	Maximum Building Height
						Front³	Side⁴	Rear⁵		feet	stories
R-1A	Single- family	12,000	50	85	1,500	30	10	20	40	35	2½
R-1B	Single- family	9,000	50	75	1,500	30	10	20	40	35	2½
R-1C	Single- family	8,000	50	65	1,200	25	10	15	40	35	2½
R-1D	Single- family	6,000	50	60	1,000	25	7.5	15	40	35	2½
R-2	Single- family	8,000	50	75	1,000	25	10	20	40	35	2½
R-2	Two-family	12,000	50	85	950	25	10	20	40	35	2½
R-3	Single- family	7,500	50	75	1,000	25	10	15	40	35	2½
R-3	Two-family	8,500	50	75	950	25	10	15	40	45⁷	3⁷
R-3	Multi-family (3 or more units)	12,000⁶	50	100	650	30	10	20	50	45⁷	3⁷

* The building setback shall be measured from the roof's vertical support member located nearest to the property line from which the setback is required. The roof overhang or other projection shall not extend beyond the vertical support member more than twenty-four (24) inches into the required setback.

¹ On any lot approved with reduced frontage, the lot width between the front lot line (street frontage) and the building line shall not be less than 25 feet at any point. In new single-family subdivisions, up to 10% of the lots may be approved with reduced street frontage, provided that no frontage is less than 30 feet in width. One single-family house may be constructed on a panhandle lot with reduced street frontage, provided that, excluding any portion of the lot less than 50-feet in width, the lot meets the minimum required lot area and other dimensional requirements for a single-family house in the zoning district, and provided the lot has a minimum of 25 feet of frontage.

² Minimum floor area of a dwelling unit is the living floor area excluding carports, garages, breezeways, and unenclosed porches or terraces. For single-family houses on infill lots, the administrative official may allow a reduction in the floor area to eighty (80) percent of the area required in the district upon demonstration that the reduced size is consistent with that of existing houses in the neighborhood.

³ The minimum front setback shall be as designated or one-half (½) the width of the required right-of-way for the street on which the lot fronts, whichever is larger. For infill lots, the administrative official may grant a waiver allowing a reduction of the front yard setback requirement, provided the reduction is compatible with the building setbacks in the immediate vicinity.

⁴ All single-family construction on existing lots less than 51 ft in width and more than 25 ft in width shall have a minimum side setback of 5 ft.

⁵ See article V for location requirements for accessory structures. Generally, accessory buildings are permitted only in rear yards at least 5 ft from any lot line.

⁶ 12,000 sq. ft. is required for the first 3 units and 3,000 sq. ft. is required for each additional dwelling unit.

⁷ No building shall exceed 3 stories or 45 ft in height unless 1 foot shall be added to the required front and side setbacks for each foot of building height in excess of 45 ft.

⁸ Parking areas in the front yard of a single-family or two-family residential property shall not eliminate more than 50% of the area available for grass or other landscaping.

⁹ The area encompassing wetlands and/or open water shall not be included in the calculation for compliance with the minimum lot size requirement.

Notes:

Dimensional requirements for the R-3 district apply for residential structures in non-residential districts.

See article V for dimensional requirements for accessory structures.

See also "provisions for flood hazard reduction" in article VI, div. 1.

Within CRA areas I, II, and III Lots of Record shall be allowed to have one single-family residence, based on the R-1D zoning district standards. Approval of this use shall be granted by an Administrative Waiver, approved by the City Manager.

(Ord. No. 2007-02, §§ 13, 14, 3-6-07; Ord. No. 2007-33, § 4, 9-4-07; Ord. No. 2008-04, §§ 10—12, 2-19-08; Ord. No. 2008-45, § 23, 12-16-08)

TABLE 23-422B
DIMENSIONAL AND AREA STANDARDS—NONRESIDENTIAL DISTRICTS*

Zoning District	PF	D- MU	C-1	C-2	C-2R	C-3	C-4	C-5	LCI	BP	I-1	I-2	CN	R
Minimum Principal Building Setbacks (feet)†
Front¹	30	0⁸	0²	35	35	35	35	35	35	35	35	35	35	35
Side - not adjacent to residential district	10	0 ⁸	0	10	10	20	10	PDP³	20	20	20	10	10	10
Side or rear - adjacent to residential district⁴	35⁵	10 ⁸	35⁵	35⁵	35⁵	35	35	PDP³	35⁵	35	35	35⁵	35	35
Rear - not adjacent to a residential district⁴	25⁵	0 ⁸	0	25⁵	25⁵	25	25	PDP³	25⁵	25	25	25⁵	35	35
Maximum Building Height	45⁶	45 ⁸	45⁷	35⁶	35⁷	35⁶	35	PDP³	35⁶	35⁶	45⁶	35⁷	35	35
Maximum Lot Coverage
Maximum Building Coverage	35%	100%	100%	50%	50%	50%	35%	PDP³	50%	50%	50%	50%	5%	35%
Maximum impervious surface	65%	100%	100%	75%	75%	75%	75%	PDP³	75%	65%	75%	75%	10%	50%

* Deviation from dimensional requirements may be allowed through a Planned Development Project approval. See section 23-224

† The building setback shall be measured from the roof's vertical support member located nearest to the property line from which the setback is required. The roof overhang or other projection shall not extend beyond the vertical support member more than twenty-four (24) inches into the required setback.

¹ The minimum front setback shall be as designated or one-half (½) the width of the required right-of-way for the street on which the lot fronts, whichever is larger. For infill lots, the administrative official may grant a waiver allowing a reduction of the front yard setback requirement, provided the reduction is compatible with building setbacks in the immediate vicinity. Refer to Downtown Mixed-use Design Standards in Sec 23- 423 for requirements in the D-MU.

² A front setback of more than five feet in a C-1 district requires a special permit from the Planning Board. In deciding upon the permit, the Planning Board shall consider the consistency of the proposed setback with other buildings within the district and on adjacent properties.

³ Setbacks in the C-5 districts shall be as approved for the planned development project. (See section 23-224.) In a C-5 district developed without a planned development project, the building setbacks shall be as for the C-2 district.

⁴ A five-foot landscaped buffer meeting the requirements of section 23-307 must be provided along any rear or side property line adjacent to a residential district.

⁵ The Planning Board may allow lesser side and rear setbacks adjacent to a residential district to enable redevelopment or infill. However, a solid buffer shall be provided.

⁶ The maximum building height may be increased provided one additional foot is added to each of the required setbacks for each foot of building height in excess of the maximum specified.

⁷ The Planning Board may allow a building to exceed the maximum building height in a D-MU, C-1, C-2R, or I-2 district following a public hearing and a finding that the proposed height and architecture of the building are compatible with other buildings in the district and on properties in the area.

⁸ Refer to Downtown Mixed-use Design Standards in Sec 23-423 for requirements.

Notes:

Dimensional requirements for the R-3 district apply for residential structures in non-residential districts. See Table 23-422A.

Dimensional requirements for accessory structures are set forth in article V.

(Ord. No. 2005-47, § 2, 10-18-05; Ord. No. 2007-02, §§ 15, 16, 3-6-07; Ord. No. 2007-33, § 5, 9-4-07; Ord. No. 2008-45, §§ 17, 18, 12-16-08; Ord. No. 2015-04, § 11, 7-7-15; Ord. No. 2020-30, § 1, 12-02-20; Ord. No. 2020-33, § 1, 1-05-21; Ord. No. 2022-06, § 1, 3-01-22; Ord. No. 2022-37, § 1, 9-07-22; Ord. No. 2022-45, § 1, 10-04-22)

§ 23-423. Downtown Mixed-use Design Standards

Effective: Wednesday, September 7, 2022

a. Purpose. The purpose of the Downtown Mixed-use Design Standards is to provide standards for rehabilitating, restoring, and preserving buildings within the greater Downtown Mixed-use (D-MU) Area that includes the Historic Downtown and Crystal Lake. The Standards also recommend and shape new development and building reuse/restoration in a mixed-use, pedestrian-oriented manner and complementary to the form of historic buildings, according to the City’s Comprehensive Plan and the vision described in the Lake Wales Connected plan. The Downtown Mixed-Use District, and the Downtown Historic Overlay and the Crystal Lake Overlay have different requirements than other commercial areas, especially pertaining to setbacks, parking requirements, height limitations and permitted land uses. These Standards are designed to meet the primary goal of protecting and reinforcing the unique visual and historic character of Lake Wales, as well as improving the quality of new construction.

b. Applicability. The Downtown Mixed-use Design Standards apply to all development within the D- MU District (see Figure 23-423.b) and any improvement that meets the definition of a Substantial Improvement as per Chapter 23 of the Lake Wales Code of Ordinances, with modified provisions governing properties in the Downtown Historic Overlay as defined in Section 23-423.c, and modified provisions governing properties in the Crystal Lake Overlay as defined in Section 23-423.d. In the event of a conflict with other sections of Chapter 23, the Downtown Mixed-use Design Standards (Sec 23-423) shall apply, except as noted for the Downtown Historic Overlay (Sec 23-423.c.1).

Figure 23-423.b: Downtown Mixed-use District

c. Downtown Historic Overlay. The Downtown Mixed-use Design Standards supplement but do not replace required review and approval by the Historic District Regulatory Board for the Historic District and/or historically-designated properties.

1. In the event of a conflict between the provisions of Sec. 23-423 “Downtown Mixed-use Design Standards” and the Historic Preservation sections of the Code of Ordinances (Sec. 23- 208, 23-227, 23-651, 23-652, and 23-653), the provisions of the Historic Preservation sections shall supersede.

2. A Certificate of Appropriateness is required for all applicable work in the Local Ordinance Downtown Historic District, and for all designated Historic properties, as defined in Section 23-227 of the Code of Ordinances, “Certificate of Appropriateness” and Section 23-653 of the Code of Ordinances, “Certificates of Appropriateness.” All Certificate of Appropriateness applications shall be reviewed and considered for their compliance with the Downtown Historic Overlay Design Guidelines.

d. Crystal Lake Overlay. The Downtown Mixed-use Design Standards supplement but do not replace the required building form standards, design standards, and approval process for the Crystal Lake Overlay.

1. Intent. The intent of the Crystal Lake Overlay is to acknowledge the unique environmental and historical character of those commercially-zoned properties fronting Crystal Lake. These properties are the historic gateway to Lake Wales as we know it today, and they originally served as a municipal park, train depot, and hotel that welcomed the first residents of Lake Wales into the new City. The unique siting along the railroad line, but on a dramatic hill overlooking the steep shoreline of Crystal Lake, was a geographic feature that was the first impression of the earliest visitors and residents of Lake Wales. Over time, this unique environmental and historical condition has become more difficult to experience due to siting of roadways, siting of the library to face towards the Downtown, and the underutilized character of the old hotel site.

2. Process. All new construction in the Crystal Lake Overlay of more than 15,000 sf will require Site Plan Review by process of a Planned Development Project (PDP) application as described in Sec 23-224, with the following additions and modifications to the PDP Process:

i. At least one mandatory Public Design meeting shall be held prior to any public hearing, in order to establish the community vision for the future of these significant parcels of land.

ii. An Illustrative Master Plan shall be submitted as part of the required Site Plan application that demonstrates compliance with the Crystal Lake Design Standards (Sec 23-423.d.4) all applicable D-MU standards (Building Form, Sec 23-423.e; and Architecture, Sec 23- 423.f), as well as community input from the mandatory Public Design meeting.

3. Historic importance of Crystal Lake. The historic significance of Crystal Lake as the premiere waterfront destination in Lake Wales will be incorporated into all site planning, urban design, and architectural decisions for properties within the Crystal Lake Overlay. This shall include, but are not limited to the Design Standards outlined in Section 23-423.d.4.

4. Crystal Lake Design Standards.

i. North 3 ^rd Street Setbacks. All buildings, parking, service areas, and any improvements to the site shall be setback a minimum of 70’ from the property line along N. 3 rd Street, which fronts Crystal Lake. This mandatory 70’ setback shall be a landscaped, publicly accessible open space that may be a passive open space that allows for uninterrupted views towards Crystal Lake and allows for the historic topography of the site to remain intact.

ii. Neighborhood Setbacks. Setbacks from Sessoms Avenue and Park Avenue shall match the setback requirements for the civic and residential uses across the street.

iii. Downtown / Commercial Setbacks. Setbacks along Scenic Highway, Cypress Gardens Lane, and Crystal Avenue shall be a minimum of twenty feet (20’), or an alternative setback or build-to line may be established through the public design charrette and masterplan process.

iv. Primary Frontage. N. 3 rd Street shall be considered the Front Lot Line / Primary Lot Frontage and shall be considered a Primary Frontage (Sec 23-423.e.2) for all development within the Crystal Lake Overlay.

v. Historic Buildings. Any structures associated with the original Lake Wales hotel that are still remaining within the Crystal Lake Overlay shall be preserved and repurposed on site. Structures may be adaptively reused for new purposes such as commercial use, retail, housing, tourism or civic use. Structures may be relocated on site in order to better accommodate new development on site. As a measure of last resort, these structures may be relocated and preserved off-site, however if this occurs, a detailed preservation and relocation plan shall be incorporated into the Site Plan application and must be approved as part of the Site Plan application.

vi. Historic Landscape. Specimen trees and any trees that are determined to have been part of the history of the site, such as the mature Sabal Palms, shall be preserved and incorporated into the Site Plan of any new development on site, particularly those trees located along the edge of the property and within the landscaped setback along North 3 ^rd Street.

vii. Historic Plaque. A historic plaque documenting the history of Crystal Lake as the birthplace of Lake Wales, with the historic train depot, central park space, and the historic hotel, shall be provided along North 3 ^rd Avenue.

e. Building Form Standards

1. Building Location

A Build-to Zone is a range of allowable distances from a street right-of-way that a building's facade (the facade facing the street) shall be built to in order to create a moderately uniform line of buildings along the street. The Front-Build-to Zone faces the Front of the Lot / Primary Street (see Figure 23-423.e.1.ii).

Figure 23-423.e.1.i: Building Location

i. Front Build-to Zone: 0’ min. to 5’ max.

ii. Side Build-to Zone (street): 0’ min. to 10’ max.

iii. Side Setback (midblock): 0’ min.

iv. Rear Setback: 0’ min.

v. Side or Rear setback adjacent to a residential district shall be 10’ minimum, including a 5’ minimum landscape buffer.

vi. Frontage Occupancy: 80% minimum Frontage Occupancy is the percentage of the total primary lot frontage width (see Figure 23- 423.e.1.ii) that is occupied by the primary building facade.

a. In the Downtown Historic Overlay:

• The primary building façade’s principal plane shall be located in the front build-to zone for at least the length of the frontage occupancy minimum (see Figure 23- 423.e.1.iii) and should align to other buildings on the same block.

• Consistent with historic precedents, the primary building façade should fill most of the frontage area (up to 100% is encouraged). If a primary building façade does not fill the frontage, the remaining frontage area may be used for a walkway, landscaped space or outdoor dining. Service areas, including mechanical equipment and trash facilities, shall not be visible from public streets, sidewalks, parks, or squares.

b. Outside of the Downtown Historic Overlay:

• Up to 50% of the width of the primary facade may be counted as meeting the frontage occupancy requirement even though it may be set back up to 10 feet further than the primary facade’s principal plane (see Figure 23-423.e.1.iv).

• A portion of the building’s primary facade may be set back up to 20 feet further from the primary facade’s principal plane if this space is constructed as a forecourt/pedestrian entryway that is open to the sidewalk. This recessed portion may be up to 40% of the total width of the primary facade and shall not be used by vehicles or a parking lot (see Figure 23-423.e.1.v).

• A garden wall that meets the requirements of 23-423.e.6.iii may be counted toward the primary building facade to meet the frontage occupancy requirement with approval of the Administrative Official.

vii. A principal entrance for each building shall be located on the primary building facade, which should face the primary lot frontage; see Sec 23-423.f.3.iv.a.

Figure 23-423.e.1.ii: Front Lot Line / Primary Lot Frontage. The above map defines which lot line is considered the “front of the lot” or Primary Lot Frontage; this is the frontage where the Front Build-to Zone is located; where the Primary Building Façade shall face; and where the Frontage Occupancy requirement applies. Corner lots may have two Primary Frontages.

Figure 23-423.e.1.iii: Frontage Occupancy, the Primary Facade and its Principal Plane. The location of the primary facade’s principal plane is not changed by facade extensions such as bay windows, awnings, porches, balconies, stoops, galleries, or by upper stories that are closer to or further from the street. (Applies to all of the D-MU, including the Downtown Historic Overlay.)

Figure 23-423.e.1.iv: Frontage Occupancy: Primary Façade and Permitted Setback (outside of the Downtown Historic Overlay)

Figure 23-423.e.1.v: Frontage Occupancy: Primary Facade and Permitted Forecourts (outside of the Downtown Historic Overlay)

2. Primary Frontages

i. Purpose. Some street frontages in the D-MU are designed as “Primary” by virtue of their existing pedestrian-supportive qualities or their future importance to pedestrian connectivity (see Figure 23-423.e.2). Development facing Primary Frontages should be held to the highest standards for walkability and defining a high-quality public realm.

ii. Requirements:

a. Driveways, curb cuts and service areas shall be provided from an alley when present. If no alley is present, access should be provided from streets other than Primary Frontages whenever possible. Curb cuts or driveways on Primary Frontages are discouraged.

b. New curb cuts or driveways are not permitted in the Downtown Historic Overlay.

c. Additional requirements for Parking and Liner Buildings along Primary Frontages are included in Sec 23-423.e.4 and 23-423.e.5.

Figure 23-423.e.2: Primary and Secondary Frontages

3. Building Height:

i. Maximum Building Height in the D-MU shall be 3 stories / 45’maximum

ii. Maximum Building Height shall be measured to the eave of the roof or roof deck (if flat).

iii. Building Heights exclude attics or below grade parking that meets all parking standards in Section 23-423.e.4.

iv. Outside of the Downtown Historic Overlay, one story of habitable attic space within a pitched roof is permitted above the designated height limit and does not count as a story. Dormers, if present, shall not be individually more than 15’ wide and collectively not more than 50 percent of the facade elevation in length.

v. Buildings may be one story in height, but their exterior walls must be at least 18 feet in height. This may be accomplished with higher ceiling heights and/or parapets.

vi. Ground floor elevation is the distance of the first finished floor above adjacent sidewalk grade. Ground floor elevation for first floor commercial uses shall be sloped from the sidewalk between 0” and 6”. Ground floor elevation for first floor residential uses shall be 24” minimum.

vii. Existing historic buildings that exceed the maximum height limit may be renovated or rebuilt (to historically accurate conditions) to the same number of stories/height as existed at the time of adoption of this code.

viii. Outside of the Downtown Historic Overlay, small footprint towers, cupolas, and other rooftop features may be designed to serve as visual landmarks and extend above the designated height limit as follows:

a. Towers/cupolas with a footprint smaller than 30 feet by 30 feet may extend up to 15 feet above the Maximum Building Height.

b. Towers/cupolas with a footprint smaller than 15 feet by 15 feet may extend up to 30 feet above the Maximum Building Height.

Figure 23-423.e.3: Building Height

4. Parking

i. There shall be no minimum parking requirements for new development or building reuse / restoration within the Downtown Mixed-use District that meets the Design Standards of this Section. Each applicant shall provide a parking analysis justifying the proposed parking solution. Parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act.

ii. Parking shall be located behind the primary facade of a building, and shall be setback 25 feet minimum from all public ROWs with the exception of alleys. Parking lot landscape areas shall be provided as described in 23-307.1.c. Perimeter landscape buffer requirements are not required where a building is located between the parking lot and the street.

Figure 23-423.e.4: Parking Location

a. The parking setback may be reduced when a liner building that meets the requirements of 23-423.e.5.ii is included.

b. The parking setback and required landscape buffer area on a Side Street (see Figure 23- 423.e.1.ii) may be reduced to 8 feet when a garden wall that meets the requirements of 23-423.e.6 and trees planted at 30’ center along the length of the proposed parking area (between the parking and garden wall or decorative fence) is provided.

c. The parking setback dimension on a Side Street (see Figure 23-423.e.1.ii) may be reduced upon approval of the Administrative Official if the parking lot paved area is less than 5,000 square feet in size.

iii. Access to off-street parking:

a. Alleys, when present, shall be the primary source of access to off-street parking. If alley access is not possible, the width of a parking driveway curb cut shall be 20’ maximum.

b. Garage doors, if present, shall face toward a rear alley. In locations where space does not permit the garage door to face the rear, or where there are not alleys, garage doors shall be positioned no closer to streets or public spaces than 20 feet behind the primary building façade. Garage doors facing streets or public spaces are not permitted in the Downtown Historic Overlay.

c. New driveways and curb cuts from a Primary Frontage are prohibited within the Downtown Historic Overlay.

5. Special Building Types

i. Large-Footprint Buildings: Buildings covering more than 15,000 square feet and/or with a building frontage of greater than 150 feet may be built within D-MU district by process of special exception only as defined in Section 23-216. Such buildings must abide by all standards of Section 23-423 and should reinforce the urban character of the downtown and its connected system of walkable street frontages in order to encourage use by pedestrians. Large-footprint buildings footprints may not be larger than a single block and may span an alley only if alley access to all other lots on the block is unimpeded.

ii. Liner Building Requirements: The character of some uses of land, such as parking lots, parking structures, theaters, or grocery stores, may preclude buildings from complying with the Facade Composition requirements of 23-423.f.1. Such buildings shall be constructed in a manner that they are separated from adjacent streets (but not alleys) by liner buildings:

a. Liner buildings are required for new parking areas (surface lots as well as above or below grade structures) facing Primary Frontages.

b. Liner buildings are required for new buildings that cannot meet the facade transparency requirements of 23-423.f.1.iii.

c. Liner buildings shall be a minimum of two stories in height and fifteen (15) feet in depth. Liner buildings are encouraged to be greater than 15’ in depth in the Downtown Historic Overlay.

d. Liner buildings may be detached from or attached to the primary building.

e. Liner buildings may be used for any purpose allowed on the lot on which they are located except for parking.

f. Liner buildings shall meet the Facade Composition requirements of 23-423.f.1.

Figure 23-423.e.5.ii.a: Attached Liner Building

Figure 23-423.e.5.ii.b: Detached Liner Building

6. Garden Walls and Fences

A garden wall is a wall that defines the frontage line and/or the perimeter of a property. Garden walls are encouraged along all un-built street rights-of-way to shield views to parking, provide privacy to a side yard, and strengthen the spatial definition of the public realm.

i. All garden walls or fences along property lines at public street rights-of-way shall be a maximum of three (3) feet in height.

ii. All garden walls or fences that run along a side and/or rear property lines and do not front a public street right-of-way shall be a maximum of eight (8) feet in height. Garden walls or fences over 3 feet high should be a minimum of 30% permeable or articulated.

iii. Specific to Garden Walls along a right-of-way:

a. Garden walls shall be constructed of brick, stone, cast stone, or other masonry faced with stucco, or may be constructed with iron, steel, or a combination of masonry, iron and steel.

b. When both the building walls and the garden walls are faced with stucco, the finish and color shall be identical on both.

c. Garden walls may include hedges between masonry piers. A hedge may be planted in lieu of a required garden wall.

d. All garden walls and piers shall have a cap (see Masonry Detailing).

iv. Specific to Fences along a right-of-way:

a. Fences shall be constructed of wood (picket fences with corner posts) or metal. Dark colors for metal fences (black, bronze, or dark green) are required.

b. Fences are not permitted along a street right-of-way in the Downtown Historic Overlay.

c. Chain link fences are not permitted.

7. Mechanical Equipment & Service Areas

i. For the purposes of these standards, mechanical equipment shall include any heating, ventilation, and air conditioning (HVAC) or electrical machinery but also includes air compressors, hoods, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, generators, geothermal wells, and similar elements.

a. Mechanical equipment shall not be located on a front building facade where visible from streets and public spaces

b. If mechanical equipment is located at-grade, and is visible from an adjacent street or sidewalk, it shall be screened by a garden wall or fence. When equipment is taller than the maximum height for garden walls and fences, the height may be extended to match that of the mechanical equipment.

c. All mechanical equipment or penthouse screening to be placed on the roof shall be set back from the roof line by a distance at least equivalent to the height of the screening in order to minimize visibility from surrounding streets. In no case shall the height exceed 10 feet above the Building Height limitations; and equipment shall be located to minimize visibility to surrounding streets. .

ii. Service areaincluding loading docks and trash disposal facilities shall not be visible from public streets, sidewalks, parks, or squares, but may be visible from alleys.

f. Architectural Standards

The intent of the Architectural Standards is to shape future development in a walkable, mixed-use form that reflects and complements the materials, configurations and general scale of Lake Wales’ historic downtown area and employs techniques that will result in long-lasting structures both in durability and design expression.

1. Facade Composition

i. Expression Lines and Cornice

a. Expression Lines shall either be moldings extending a minimum of two inches, or jogs in the surface plane of the building wall greater than two (2) inches.

b. Facades may feature a change of colors, materials or textures at an expression line.

c. A building mass may be subdivided by expression lines into one or two horizontal layers (see Figure 23-423.f.1.i).

d. An expression line shall always be used at the top of shopfronts. This expression line may incorporate a band for signage.

e. The top of each building may be emphasized with a projecting cornice. This cornice should feature a deeper projection, and therefore stronger shadow line, than any other expression line on a facade.

ii. Centerlines / Facade Configuration

a. Facades shall feature alternating structural centerlines and fenestration (window and door opening) centerlines.

b. These centerlines shall extend from the top of a mass to the bottom of a mass.

c. Multiple windows and/or doors may be grouped symmetrically around a single fenestration centerline.

d. The spacing of centerlines may be identical across a facade, or may vary. When varying the spacing between centerlines of any one facade, using a ratio of proportion, or a repetitive sequence of bays as justification is recommended to provide order and balance.

e. In the Downtown Historic Overlay, the size, proportion, and rhythm of windows should generally be similar to other buildings on the block, as described in the standards for Certificate of Appropriateness (Sec 23-653) and the Downtown Historic Overlay Design Guidelines.

Figure 23-423.f.1.i: Facades divided into 1 and 2 horizontal layers.

Figure 23-423.f.1.ii: Structural and fenestration centerlines, showing how the solid and voids in the facade align vertically.

iii. Facade Transparency Requirements. All building facades which face onto a street or public space shall meet the minimum transparency requirements outlined below. The percentage of transparency (door and window openings) per story shall be calculated within the area between finished floors and shall be a total percentage of doors and windows along that portion of the facade. Upper floor transparency is measured to the finished ceiling. Applicants shall provide a diagram to demonstrate compliance with this provision.

a. Building facade transparency for ground story (any retail shopfront, and any building within the Downtown Historic Overlay): 60% minimum. Building facade transparency for ground story for any building within the Downtown Historic Overlay should aspire to be 80% minimum, in keeping with historic precedent. This shall be enforced by the Historic District Regulatory Board by way of the Certificate of Appropriateness process.

b. Building facade transparency for ground story (uses other than retail, and buildings outside of the Downtown Historic Overlay): 30% minimum

c. Building facade transparency for upper stories: 20% minimum

d. Blank wall areas (facade areas without doors or windows) shall not exceed 20’ in length along any story facing a Primary Frontage. Blank wall areas shall not exceed 30’ in length along any story facing a Secondary Frontage.

Figure 23-423.f.1.iii: Example of compliant facade transparency

2. Shopfront Design Requirements

i. The top of all shopfront windowsills shall be between one (1) and three (3) feet above the adjacent sidewalk. In the Downtown Historic Overlay kickplates shall be the same height as on other buildings on the same block.

ii. Shopfront windows shall extend up from the sill at least eight (8) feet above the adjacent sidewalk and shall be the same height as on other buildings on the same block.

iii. Shopfronts shall have a cornice or expression line above, between the first and second story.

iv. Shopfront windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). Reflective, tinted (of any degree), and frosted glass is prohibited on shopfronts.

Figure 23-423.f.2: Shopfront Elements

v. Doors or entrances for public access shall be provided on all shopfront building facades at intervals no greater than fifty (50) feet, unless otherwise approved as a Special Exception by the Planning Board, or by the Historic Board in the Downtown Historic Overlay. The intent is to maximize street activity, to provide pedestrians with frequent opportunities to enter buildings, and to minimize any expanses of inactive wall.

vi. Shopfront doors shall be predominately glass. Solid doors are prohibited.

vii. A minimum of fifteen (15) feet of depth of habitable space shall be provided behind each shopfront on the primary facade. This ensures that the area behind shopfronts is sufficient enough to be an actively used retail space.

viii. There should generally be more glass and less wall at the storefront level, balanced by more wall and less glass on the upper façade (see Facade Transparency Requirements, 23- 423.f.1).

ix. Transoms help break up the effects of large sheets of glass and are encouraged. Transoms can be clear, tinted or stained glass. When feasible, transoms should align with adjacent storefronts.

x. Within the Downtown Historic Overlay, facade improvements shall use traditional storefront design and similar architectural features to maintain continuity (e.g. color, canopy, window treatment). Old photographs of the building can be consulted for inspiration.

3. Building Elements

i. Building Wall Requirements

a. Permitted finished building wall materials include: brick masonry, stone, cast stone, stucco, and pre-engineered metal and glass systems (for windows, doors, and shopfront conditions). Horizontal lap siding (of wood, cementitious, or composition board, such as HardiPlank®) is permitted outside of the Downtown Historic Overlay. Use of imitation materials, such as E.I.F.S., imitation wood or stone is prohibited as a wall material.

b. Other siding materials (which may include metal or cementitious panels for ornamentation) shall not be used as a primary building wall material. Unfinished aluminum or steel is not appropriate. Vinyl and aluminum siding are not permitted.

c. All siding materials shall incorporate vertical corner boards on outside building corners. Corner boards shall be a minimum of three (3) nominal inches in width and a minimum of one (1) inch thick.

d. When materials are combined on a building facade horizontally, heavier materials should generally be located below lighter materials.

e. For buildings with three (3) stories, the ground floor should be differentiated from those floors above in order to reinforce the pedestrian realm.

f. Brick masonry should generally be comprised of a standard unit size and height. Oversized or utility dimensions are to be avoided.

g. E.I.F.S., Fiberglass (as cornice material), and composite materials as an ornamental feature must be located out of reach of pedestrians and must visually appear to have a hand troweled finish.

h. All stucco surfaces shall have a smooth or sand finish, be hand-troweled in texture, and painted. Sprayed on stucco finishes are prohibited.

i. See also requirements for Facade Composition and Masonry Detailing.

ii. Roofs and Parapets

a. In the Downtown Historic Overlay, the roof shall be flat or shed and concealed behind a parapet.

b. For civic buildings in the Downtown Historic Overlay, a gabled or hipped roof may be permitted.

c. In the D-MU, outside of the Downtown Historic Overlay, roofs may feature the following configurations: Gabled, Hipped, or Flat / Shed. Mansard roofs (a roof having two slopes, with the lower slope steeper than the upper one, which is often used to accommodate an additional habitable story) are prohibited.

d. The minimum slope for a gabled or hip roof shall be 3:12, and the maximum slope shall be 9:12.

e. Gabled and hipped roofs may either rise from a projecting cornice, or from behind a parapet.

f. Visible gabled roof ends should be symmetrically pitched.

g. Flat / Shed roofs shall always be concealed behind a parapet.

h. The profile of parapets may be sculpted, with additional vertical emphasis corresponding to a prominent facade fenestration centerline.

i. A taller portion of a sculpted parapet may incorporate a signage panel.

Figure 23-423.f.3.ii.a Gabled Roof

Figure 23-423.f.3.ii.b Hipped Roof

Figure 23-423.f.3.ii.c Flat Roof with Parapet

iii. Masonry Detailing. These masonry standards shall apply to the facades and building walls of all structures which are faced with brick masonry, stone, or cast stone.

a. Headers: A header is the horizontal member (or assembly of members) visibly spanning the top of an opening.

• All openings in masonry construction should be spanned by a header.

• Permitted header forms shall be the lintel, arch, and jack arch (see Figure 23-423.d.3.iii.a).

• Headers may be composed of more ornate moldings or pediments. The header shall visually appear able to carry the wall load above.

• Headers may be comprised of a variety of materials, including: brick, stone, cast stone, cast concrete, wood, and metal.

• All headers on a building should be of a matching style and material.

• Headers shall be wider than the opening they span.

b. Sill: A sill is the horizontal member (or assembly of members) at the base of a window.

• All window openings in masonry construction shall have a sill at their base.

• Sills shall be generally rectangular in form, and slope slightly away from the opening to shed water.

• Sills may be comprised of a variety of materials. Permitted materials include: brick, stone, cast stone, and concrete.

• All sills on a building should be of a matching style and material.

• Sills shall be a minimum of two (2) inches in height and should project from the wall surface a minimum of one half (1/2) inch. Sills shall be slightly wider than the opening.

Figure 23-423.f.3.iii.a Headers Steel Lintel (above) and Brick Jack Arch (below)

Figure 23-423.f.3.iii.b Sills Cast Concrete (above) and Brick (below)

c. Cap: A cap is the protective top layer of a masonry structure exposed to weather from above, such as a wall, parapet, or chimney.

• A cap shall protect the tops of all masonry structures exposed to the weather including: garden walls, stair treads, planter edges, parapets, and freestanding piers.

• Caps shall be comprised of stone, cast stone, brick, concrete, tile, or slate.

• The edges of caps may be rectangular, or may be more ornate.

• Caps should project past the edge of the masonry structure below by a minimum of one half (1/2) inch.

Figure 23-423.f.3.iii.c Caps Concrete Pier (above) and Cast Stone Cornice (below)

iv. Doors and Windows

a. Principal entrances of every building must directly face a Primary Lot Frontage or public space accessible from the Primary Lot Frontage (see Figure 23-423.e.1.ii). Public space may include a central garden or courtyard when that public space opens directly onto the street. Additional building entrances are permitted.

b. Entry / Exit Doors: Public entry and exit doors which swing outward shall be recessed into the facade a minimum of three feet from the property line.

c. Window and door openings in masonry facades should express a structural lintel above to express the conveyance of building weight (see Masonry Detailing). A similar method using wood trim can be used on wood-clad facades.

d. Windows and doors shall be vertically proportioned. Window openings may be horizontally proportioned, but only if composed of vertically proportioned windows grouped together and each separated by a mullion, column, or wall section with a minimum width of four (4) inches. Horizontally proportioned transom windows are permitted if part of an overall vertical composition.

e. Permitted window types include: single-, double-, and triple-hung, sash, casement, and transom. Fixed glass windows may be used only within shopfronts or for small accent windows no more than ten (10) square feet in size. Specialty shopfront conditions, such as retractable windows that allow the frontage to open completely, may be permitted by the Administrative Official.

f. Shutters are not permitted in the Downtown Historic Overlay. When used in the D-MU, shutters shall be appropriately sized to cover the window opening, constructed of wood, metal, or composite material, and must be fully operable. “Shutter Dogs” shall be used to hold all shutters in place while open.

Figure 23-423.f.3.iv.a: Window proportions

Figure 23-423.f.3.iv.b: Shutter dog

v. Columns & Railings

a. General Regulations for Columns

• All columns shall be either round or square in section.

• All columns shall be spaced at regular intervals and shall create openings which are square or vertically proportioned. (See Figure 23- 423.f.3.v.a1)

• Columns shall be constructed of wood, metal, stone, cast stone, brick, or fiberglass.

• Columns shall be a minimum of six (6) inches in width and depth.

• Columns should always support a structural spanning element, such as a beam, arch, or entablature. (See Figure 23-423.f.3.v.a2)

• Columns shall always be positioned so that the outside edge of the beam, arch, or entablature above aligns with the neck of the column. (See Figure 23- 423.f.3.v.a3)

b. Railings

• Railings shall be constructed of wood or metal. A balustrade may be constructed of cast stone.

• All railings shall be supported at the ends by posts or building walls.

• All railings shall be comprised of a top and bottom rail, between which balusters and rungs are affixed.

• Balusters shall never be affixed directly to the floor.

• Parapet walls may be used in place of railings.

Figure 23-423.f.3.v.a1: Column spacing

Figure 23-423.f.3.v.a2: Columns spanned by a visually structural element

Figure 23-423.f.3.v.a3: Alignment of column neck and face of entablature

4. Permitted Frontage Elements. The frontage elements in Table 23-423 may encroach forward of the build-to zone and may encroach into the public right-of-way with approval of the Administrative Official and including indemnification in a form acceptable to the City. Shopfront buildings with the exception of Contributing Buildings in the Downtown Historic Overlay, are required to have an Awning/Canopy, Gallery, or Second-story Balcony extend over at least seventy (70) percent of the building facade, to provide shelter for pedestrians on the sidewalk, reduce glare, and reduce the heat island effect. Contributing Buildings in the Downtown Historic Overlay may have an Awning/Canopy frontage, as provided through the Certificate of Appropriateness process.

TABLE 23-423
Frontage Element	Conditions or Limits
Awning / Canopy
	A Canopy is a structural cantilevered shed roof; an Awning is canvas or similar material and may be fixed or retractable. • Awnings or Canopies over ground-story doors or windows must have a depth of at least five (5) feet and a clear height of at least eight (8) feet above the sidewalk. Awnings or Canopies may not project within 2’ of the curb. • Awnings shall fit within the frame or masonry openings of a window or door and should not cover-over character-defining features of a historic building, including the buildings’ vertical piers. • Awnings shall follow the lines of window openings, for example, a round or bell-shaped awning shall be installed on an arched window, and a flat or shed shaped awning shall be installed on a rectangular window. • Quarter-round, bubble awnings or so called “long dome” awnings are not appropriate and not permitted unless historically documented. • Awnings or canopies that cover or obscure transom windows or conceal upper floor architectural features are not permitted. • Awnings shall be made of treated, weather- durable fabric, such as canvas or woven acrylic. Vinyl, metal, and plastic are not appropriate. • Backlit and internally illuminated awnings and canopies are not permitted.
Gallery
	• Galleries are only permitted on new construction within the Downtown Historic Overlay, as approved through the Certificate of Appropriateness process. Galleries are permitted on all buildings in the D-MU outside of the Downtown Historic Overlay. • A Gallery must have a clear width from its support columns to the building’s primary façade of at least eight (8) feet and a clear height above the sidewalk of at least ten (10) feet. Support columns can be spaced no farther apart than they are tall and must be placed to allow at least two (2) feet and up to three (3) feet from their outer face to the curb. • When a gallery extends over a public sidewalk, the property owner shall be required to enter into a right-of-way agreement including indemnification in a form acceptable to the City.
Balconies
	• Balconies are only permitted on new construction within the Downtown Historic Overlay, as approved through the Certificate of Appropriateness process. Balconies are permitted on all buildings in the D-MU outside of the Downtown Historic Overlay. • Second-story Balconies shall have a depth of at least 6 feet and a clear height below of at least ten (10) feet above the sidewalk. Balconies may not project within 2’ of the curb. • Balconies may have roofs but must be open toward the primary street.
Stoops & Porches
	• Stoops and porches are permitted in D-MU areas outside of the Downtown Historic Overlay. • Stoop stairs may be perpendicular or parallel to the building facade. Stoops extending into the right-of-way must maintain a 6’ min. clear zone for pedestrians on the sidewalk. When a stoop extends over a public sidewalk, the property owner may be required to enter into a right-of- way agreement including indemnification in a form acceptable to the City. • Porches may extend into the front Build-to Zone and up to 10 feet into a side setback. Front and side porches that extend into the setback shall be at least eight (8) feet deep. • Partial walls, screened areas, and railing on porches and stoops may be no higher than forty- two (42) inches.

g. Process for Review and Administrative Waiver.

1. Prior to the issuance of a building permit for the construction, renovation, or remodeling of any building exterior façade and/or new development, an approval by the Administrative Official is required. For purposes of this subsection, replacements, renovations or changes to canopies, awnings and to signage on walls, canopies or awnings shall be considered remodeling of the building façade.

2. The Administrative Official’s decision shall be either an approval, an approval with conditions, or denial. Any applicant may elect to appeal a decision.

3. Waivers to the Downtown Mixed-use Design Standards may be granted by the Administrative Official (per Sec 23-422) as follows:

i. The Building Location requirements of 23-423.e.1 may be adjusted:

a. Where development envisioned by the code is not feasible due to irregularly- shaped parcels or environmental constraints, including mature trees; or

b. To allow for a new public green or plaza in front of the building facade. A parking lot is not permitted in front of the building façade.

c. Building location standards may not be adjusted for parking, stormwater retention, mechanical equipment, service, loading, or private walled gardens for individual residential units.

ii. Exceptions to the standards of 23-423.f (Architectural Standards) may be granted on the basis of architectural merit or where the requirements create undue hardship (as defined in Chapter 23), such as for building reuse or additions in which required elements are incompatible with existing or adjacent structures.

iii. Administrative Waivers are discouraged in the Downtown Historic Overlay and on Primary Frontages in the D-MU.

(Ord. No. 2022-37, § 1, 9-07-22)