Chapter 18.100 PROPERTY-SPECIFIC DEVELOPMENT STANDARDS/SPECIAL DISTRICT OVERLAYS

Chapter 18.100
PROPERTY-SPECIFIC DEVELOPMENT STANDARDS/SPECIAL DISTRICT OVERLAYS

Sections:

18.100.010 Purpose.

18.100.020 Authority and application.

18.100.030 Special district overlay – General provisions.

18.100.040 Special district overlay – Urban planned development (UPD) purpose and designation.

18.100.050 Special district overlay – Economic redevelopment.

18.100.060 Special district overlay – Ground water protection.

18.100.070 Special district overlay – Urban aquifer protection area.

18.100.080 Special district overlay – Erosion hazards near sensitive water bodies.

18.100.090 Special district overlay – Urban stream protection area.

18.100.100 Repealed.

18.100.110 Special district overlay – Floodplain density.

18.100.010 Purpose.

The purposes of this chapter are to provide for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by:

(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this title on individual sites; or

(2) Establishing special district overlays with alternative standards for special areas designated by community plans or the comprehensive plan. (Ord. 42-02 § 2 (21A.38.010))

18.100.020 Authority and application.

(1) This chapter authorizes City of Covington to increase development standards or limit uses on specific properties beyond the general requirements of this title through property-specific development standards, and to carry out comprehensive plan policies and map designations and community, subarea, or neighborhood plan policies through special overlay districts which supplement or modify standard zones through different uses, design or density standards or review processes;

(2) Property-specific development standards shall be applied to specific properties through either area zoning as provided in Chapter 14.15 CMC, or reclassifications of individual properties as provided in Chapters 14.35 and 18.125 CMC; and

(3) Special district overlays shall be applied to specific properties or areas containing several properties through the area zoning process as provided in Chapter 14.15 CMC. (Ord. 42-02 § 2 (21A.38.020))

18.100.030 Special district overlay – General provisions.

Special district overlays shall be designated on the zoning maps and Department files as follows:

(1) A special district overlay shall be designated through the area zoning process as provided in Chapter 14.15 CMC. Designation of an overlay district shall include policies that prescribe the purposes and location of the overlay;

(2) A special district overlay shall be applied to land through an area zoning process as provided in Chapter 14.15 CMC and shall be indicated on the zoning map and shall be designated in files maintained by the Department;

(3) The special district overlays set forth in this chapter are the only overlays authorized by the code. New or amended overlays to carry out new or different goals or policies shall be adopted as part of this chapter and be available for use in all appropriate community, subarea or neighborhood planning areas;

(4) The special district overlays set forth in this chapter may waive, modify and substitute for the range of permitted uses and development standards established by this title for any use or underlying zone;

(5) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this title and other City ordinances and regulations govern all development and land uses within special district overlays; and

(6) A special district overlay on an individual site may be modified by property-specific development standards as provided in this chapter. (Ord. 42-02 § 2 (21A.38.040))

18.100.040 Special district overlay – Urban planned development (UPD) purpose and designation.

(1) The purpose of the UPD special district overlay is to provide a means for community; subarea or neighborhood plans to designate urban areas, which are appropriate for development on a large-scale basis.

(2) In designating an overlay district, the comprehensive plan, subarea plan, neighborhood plan or area zoning shall delineate UPD overlay district boundaries.

(3) The community plan, subarea plan, neighborhood plan; or area zoning shall designate and adopt urban residential zoning consistent with comprehensive plan policies.

(4) In designating an overlay district, the community plan, subarea plan, neighborhood plan or area zoning may:

(a) Set a maximum or range of the number of dwelling units within the UPD; and

(b) Incorporate project description elements or requirements to the extent known, including but not limited to the following: conceptual site plan; mix of attached and detached housing; affordable housing goals and/or programs; major transportation or other major infrastructure programs and the UPD’s participation therein; and any other provision or element deemed appropriate. (Ord. 42-02 § 2 (21A.38.070))

18.100.050 Special district overlay – Economic redevelopment.

(1) The purpose of the economic redevelopment special district overlay is to provide incentives for the redevelopment of large existing, under-utilized concentrations of commercial/ industrial lands within urban areas.

(2) The economic redevelopment special district overlay shall only be designated through the area zoning process; located in areas designated within a community, subarea or neighborhood; and zoned CD, CR or I.

(3) The standards of this title and other City codes shall be applicable to development within the economic redevelopment special district overlay except as follows:

(a) Commercial or industrial uses that exist within an area as of the effective date of legislation applying the economic redevelopment special district overlay, but that are not otherwise permitted by the zoning, shall be considered permitted uses upon only the lots that they occupied as of that date.

(b) The minimum parking requirements of this title shall be reduced as follows; provided, that such reductions do not apply to new construction on vacant property or the vacant portions of partially developed property where that construction is not an enlargement or replacement of an existing building:

(i) The parking stall requirements are reduced 100 percent; provided, that:

(A) The square footage of any enlargement or replacement of an existing building does not in total exceed 125 percent of the square footage of the existing building;

(B) The building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on-street parking; and

(ii) The parking stall requirements are reduced 50 percent; provided, that:

(A) The square footage of any enlargement or replacement of an existing building in total exceeds 125 percent of the square footage of the existing building;

(B) The height of the enlarged or replacement building does not exceed the base height of the zone in which it is located;

(C) The building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved as a capital improvement project, that accommodates on-street parking; and

(D) There is no net decrease in existing off-street parking spaces, unless it exceeds the minimum requirements of subsection (3)(b)(ii) of this section.

(i) Street trees, installed and maintained by the adjacent property owner, shall be substituted in lieu of landscaping; and

(ii) Any portion of the overlay district that directly abuts properties outside of the district shall provide, along said portions, a landscape buffer area no less than 50 percent of that required by this title.

(d) The setback requirements of this title shall be waived; provided, that:

(i) Setback widths along any street forming a boundary of the overlay district shall comply with this title; and

(ii) Any portion of the overlay district that directly abuts properties outside of the district shall provide, along said portions, a setback no less than 50 percent of that required by this title.

(e) The building height limits of this title shall be waived; provided, that the height limit within 50 feet of the perimeter of the overlay district shall be 30 feet.

(f) Signage shall be limited to that allowed within the CB zone.

(g) The roadway improvements of the City of Covington Municipal Code shall be waived, provided a no-protest agreement to participate in future road improvement districts (RID) is signed by an applicant and recorded with the City.

(h) The pedestrian circulation requirements of this title shall be waived.

(i) The impervious surface and lot coverage requirements of this title shall be waived.

(j) On I zoned lands that are designated in the comprehensive plan as unincorporated activity centers, conditional use permits shall not be issued where the resulting impacts such as noise, smoke, odor and glare would be inconsistent with the maintenance of nearby viable commercial and residential areas.

(4) For properties that have frontage on pedestrian street(s) or routes as designated in an applicable plan or area zoning process, the following conditions shall apply:

(a) Main building entrances shall be oriented to the pedestrian street;

(b) At the ground floor (at grade), buildings shall be located no more than five feet from the sidewalk or sidewalk improvement, but in no instance shall encroach on the public right-of-way;

(c) Building facades shall comprise at least 75 percent of the total pedestrian street frontage for a property, and if applicable, at least 75 percent of the total pedestrian route frontage for a property;

(d) Minimum side setbacks of the underlying zoning are waived;

(e) Building facades of ground floor retail, general business service, and professional office land uses, that front onto a pedestrian street or route shall include windows and overhead protection;

(f) Building facades, along a pedestrian street or route, that are without ornamentation, or are comprised of uninterrupted glass curtain walls or mirrored glass are not permitted; and

(g) Vehicle access shall be limited to the rear access alley or rear access street where such an alley or street exists. (Ord. 42-02 § 2 (21A.38.090))

18.100.060 Special district overlay – Ground water protection.

(1) The purpose of the ground water protection special district overlay is to limit land uses that have the potential to severely contaminate ground water supplies and to provide increased areas of permeable surface to allow for infiltration of surface water into ground resources.

(2) For all commercial and industrial development proposals, at least 40 percent of the site shall remain in natural vegetation or planted with landscaping, which area shall be used to maintain predevelopment infiltration rates for the entire site. For purposes of this special district overlay, the following shall be considered commercial and industrial land uses:

(a) Amusement/entertainment land uses as defined by CMC 18.25.040 except golf facilities;

(b) General services land uses as defined by CMC 18.25.050 except health and educational services, day care I, churches, synagogues, and temples;

(d) Retail/wholesale land uses as defined by CMC 18.25.070 except forest product sales and agricultural product sales;

(e) Manufacturing land uses as defined by CMC 18.25.080; and

(f) Mineral extraction and processing land uses as defined by CMC 18.25.090.

(3) Permitted uses within the area of the ground water protection special district overlay shall be those permitted in the underlying zone, excluding the following as defined by Standard Industrial Classification number and type:

(a) SIC 4581 – Airports, flying fields, and airport terminal services;

(b) SIC 4953 – Refuse systems (including landfills and garbage transfer stations operated by a public agency);

(d) SIC 7996 – Amusement parks; SIC 7948 – Racing, including track operation; or other commercial establishments or enterprises involving large assemblages of people or automobiles except where excluded by subsection (2) of this section;

(e) SIC 0752 – Animal boarding and kennel services;

(f) SIC 1721 – Building painting services;

(g) SIC 3260 – Pottery and related products manufacturing;

(h) SIC 3599 – Machine shop services;

(i) SIC 3732 – Boat building and repairing;

(j) SIC 3993 – Electric and neon sign manufacturing;

(k) SIC 4226 – Automobile storage services;

(l) SIC 7334 – Blueprinting and photocopying services;

(m) SIC 7534 – Tire retreading and repair services;

(n) SIC 7542 – Car washes;

(o) SIC 8731 – Commercial, physical and biological research laboratory services;

(p) SIC 02 – Interim agricultural crop production and livestock quarters or grazing on properties five acres or larger in size;

(q) SIC 0752 – Public agency animal control facility;

(r) SIC 2230, 2260 – Textile dyeing;

(s) SIC 2269, 2299 – Textile and textile goods finishing;

(t) SIC 2700 – Printing and publishing industries;

(u) SIC 2834 – Pharmaceuticals manufacturing;

(v) SIC 2844 – Cosmetics, perfumes and toiletries manufacturing;

(w) SIC 2893 – Printing ink manufacturing;

(x) SIC 3000 – Rubber products fabrication;

(y) SIC 3111 – Leather tanning and finishing;

(z) SIC 3400 – Metal products manufacturing and fabrication;

(aa) SIC 3471 – Metal electroplating;

(bb) SIC 3691, 3692 – Battery rebuilding and manufacturing;

(cc) SIC 3711 – Automobile manufacturing; and

(dd) SIC 4600 – Petroleum pipeline operations. (Ord. 42-02 § 2 (21A.38.150))

18.100.070 Special district overlay – Urban aquifer protection area.

(1) The purpose of the urban aquifer protection area special district overlay is to provide additional protection for urban areas that are highly susceptible to ground water contamination. An urban aquifer protection area special district overlay shall only be established within areas designated in the comprehensive plan as highly susceptible to ground water contamination, including the surrounding area up to one-half mile, and zoned R, CN, CD, and I.

(2) Permitted uses shall be those permitted in the underlying zone, excluding the following as defined by Standard Industrial Classification (SIC) number and type:

(a) SIC 4953, refuse systems (including hazardous waste recycling or treatment and solid waste landfills);

(b) SIC 461, pipelines, except natural gas (including petroleum pipelines); and

(3) New septic tank drain field systems shall be prohibited. (Ord. 42-02 § 2 (21A.38.170))

18.100.080 Special district overlay – Erosion hazards near sensitive water bodies.

(1) The purpose of the erosion hazards near sensitive water bodies special overlay district is to provide a means to designate sloped areas posing erosion hazards which drain directly to lakes or streams of high resource value which are particularly sensitive to the impacts of increased erosion and the resulting sediment loads from development.

(2) The following development standards shall be applied in addition to all applicable requirements of Chapter 18.65 CMC to development proposals located within erosion hazards near a sensitive water bodies district overlay:

(a) A no-disturbance area shall be established on the sloped portion of the special district overlay to prevent damage from erosion. Land clearing or development shall not occur in the no-disturbance area, except for the clearing activities listed in subsection (2)(a)(i) of this section. Clearing activities listed in subsection (2)(a)(i) of this section shall only be permitted if they meet the requirements of subsection (2)(a)(ii) of this section.

(i) Clearing activities may be permitted as follows:

(A) For the construction of single-family residences on pre-existing separate lots;

(B) For the construction of utility corridors to service existing development along existing rights-of-way including any vacated portions of otherwise contiguous rights-of-way;

(C) For the construction of roads providing sole access to buildable property and associated utility facilities within those roadways; or

(D) For the construction of development within an isolated no-disturbance area of two acres or less in size. The isolated no-disturbance area is either geologically separated from other no-disturbance areas or lies completely within a separate drainage sub-basin and is, therefore, hydrologically isolated from the rest of the no-disturbance area.

(ii) The clearing activities listed in subsection (2)(a)(i) of this section may be permitted only if the following requirements are met:

(A) A report which meets the requirements of CMC 18.65.120 shall show that the clearing activities will not subject the area to risk of landslide or erosion and that the purpose of the no-disturbance area is not compromised in any way;

(B) The clearing activities shall be mitigated, monitored and bonded consistent with the mitigation requirements applicable to sensitive areas regulated in Chapter 18.65 CMC;

(D) The clearing activities are consistent with Chapter 18.65 CMC.

(3) The following conditions shall apply to the wetland or along the main channel of the stream riparian zone containing the heron rookery (tributary streams are excluded).

(a) The upslope boundary of the no-disturbance area lies at the first obvious break in slope from the upland plateau over onto the steep valley walls. The downslope boundary of this zone includes those areas designated as erosion or landslide hazard areas pursuant to CMC 18.65.220 and 18.65.280. The sensitive areas folio indicates the general location of these hazard areas, but it cannot be used to specify the areas’ precise boundaries. Maps of the approximate boundaries of these no-disturbance zones shall be available at the Department. Single-family or multifamily residential density from the no-disturbance area may be reallocated onto any buildable portion of the site pursuant to CMC 18.30.080, or transferred to other sites pursuant to Chapter 18.95 CMC.

(b) New development proposals for sites which drained predeveloped runoff to the no-disturbance zone shall evaluate the suitability of on-site soils for infiltration. All runoff from newly constructed impervious surfaces shall be retained on-site unless this requirement precludes the ability to meet minimum density requirements in Chapter 18.30 CMC. When minimum density cannot be met, runoff shall be retained on-site as follows:

(i) Infiltration of all site runoff shall be required in granular soils as defined in the City of Covington surface water design manual;

(ii) Infiltration of downspouts shall be required in granular soils and in soil conditions defined as allowable in the surface water design manual when feasible to fit the required trench lengths on-site;

(iii) When infiltration of downspouts is not feasible, downspout dispersion trenches shall be required when minimum flow paths defined in the surface water design manual can be met on-site or into adjacent open space; and

(iv) When dispersion of downspouts is not feasible, downspouts shall be connected to the drainage system via perforated pipe.

(c) For the portions of proposed subdivisions, short subdivisions and binding site plans that cannot infiltrate runoff up to the 100-year peak flow, at least 25 percent shall remain undisturbed and set aside in an open space tract consistent with CMC 18.65.150 through 18.65.180.

(d) For the portions of all development proposals that cannot infiltrate runoff up to the 100-year peak flow, no more than 35 percent of the gross site area shall be covered by impervious surfaces. For new subdivisions and short subdivisions, maximum lot coverage should be specified for subsequent residential building permits on individual lots.

(e) If the application of this section would deny all reasonable use of property, the applicant may apply for a reasonable use exception pursuant to CMC 18.65.070(2).

(f) The Director may modify the property specific development standards required by subsections (3)(a) through (e) of this section, when a development proposal complies with the following:

(i) The proposed development is subject to public/private partnerships such as an approved community block grant or other such water quality program designed to improve water quality in the basin;

(ii) The proposed development is designated by City of Covington as a demonstration project designed to implement best management practices and state of the art technology that assures the greatest possible improvement to water quality; and

(iii) A site-specific study is conducted by the applicant and approved by the Director, which demonstrates that the proposed development substantially increases water quality by showing the following:

(A) Water quality on-site is improved;

(B) The development project will not subject downstream channels to increased risk of landslide or erosion;

(D) The project is consistent with subsections (3)(f)(i) and (ii) of this section, and provides predictable improvements to water quality. (Ord. 42-02 § 2 (21A.38.200))

18.100.090 Special district overlay – Urban stream protection area.

(1) The purpose of the urban stream protection area special district overlay is to provide a means to designate areas with substantial fisheries resources that have severe flooding and stream damage problems from high storm water volumes. This district overlay limits land coverage along significant urban stream corridors to reduce storm water volumes and the costs associated with flooding problems and loss of salmon resources.

(2) The following development standards shall be applied to development proposals on R-1 zoned parcels located within an urban stream protection area district overlay:

(a) Clearing is limited to and development shall be clustered on 30 percent of the site. Parcels adjacent to streams or wetlands shall place structures as far as feasible from streams and wetlands. For binding site plans, subdivisions and short subdivisions, the remaining 70 percent of the site shall be placed in a contiguous permanent open-space tract retaining the native vegetation. For individual lots, the remaining 70 percent of the parcel shall retain the native vegetation and be placed in a County-approved conservation easement, or notice shall be placed on the title of the lot. The notice shall be approved by the City of Covington and filed with the Records and Elections Division. The notice shall inform the public of the presence and location of an urban stream protection area on the property and that limitations on actions in or affecting the corridor exist;

(b) Where existing clearing has already exceeded 30 percent of the gross acreage of the site, reforestation according to a County-approved plan shall be provided to restore native forested cover to 70 percent of the site;

(c) The maximum impervious surface area shall be eight percent of the gross acreage of the site. Proposed short subdivisions, subdivisions, and binding site plans shall record the distribution of allowable impervious area among individual parcels on the face of the plat. Impervious surface of roads shall not be counted towards the allowable impervious area. This condition may be modified by the Director only as necessary to accommodate unusual site access conditions;

(d) Keeping or grazing of livestock shall be prohibited; and

(e) No road crossings of streams defined in CMC 18.20.1240 shall be allowed. Crossing of streams by utilities shall be limited to existing road or utility rights-of-way unless no feasible alternative exists. (Ord. 42-02 § 2 (21A.38.220))

18.100.100 Special district overlay – Significant trees.

Repealed by Ord. 04-08. (Ord. 42-02 § 2 (21A.38.230))

18.100.110 Special district overlay – Floodplain density.

(1) The purpose of the floodplain density special district overlay is to provide a means to designate areas that cannot accommodate additional density due to severe flooding problems. This district overlay limits development in sensitive areas to reduce potential future flooding.

(2) The following development standards shall be applied to all development proposals on RA-5 zoned parcels located within a floodplain density special district overlay:

(a) Density is limited to one home per 10 acres for any property that is located within a sensitive area; and

(b) All development shall be clustered outside of the identified sensitive areas, unless the entire parcel is a mapped sensitive area. (Ord. 42-02 § 2 (21A.38.240))