Subject: 10717/Code/Zoning/Art.V/C-7(NorthShoreCommercial/Mixed-UseZone) Date: Wed, 4 Mar 1998 09:45:11 -0500 ORDINANCE NO. 10717 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO AMEND ARTICLE V, TO ADD A NEW ZONE ENTITLED C-7 (NORTH SHORE COMMERCIAL/MIXED-USE ZONE) AND TO TAKE FURTHER ACTIONS ESTABLISHING SUCH ZONE. _________________________ WHEREAS, the North Shore Commercial Zone is a geographically definable area which possesses a significant individual structure or a concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events or asthetically by plan or physical development in that it contains structures or groups of structures which embody the distinctive characteristics of a type, period or method of construction, representative of a signficant and distinguishable entity whose components may lack individual distinction; and WHEREAS, the North Shore Commercial Zone is a unique area of commercial development which has occurred within Chattanooga north of the Tennessee River and in the area of Market Street and Walnut Street Bridges; and WHEREAS, the general public health, safety, morals, convenience, prosperity and general welfare require certain conditions to the regulation of location, height, bulk, number of stories and size of buildings and structures within this area due to its unique development; and WHEREAS, it has been determined that the development of residential and compatible mixed use development within the North Shore downtown area of the City is in the interest of added growth and development of the City of Chattanooga; and WHEREAS, the existing zoning regulations within the area of the North Shore Commercial Zone will not accommodate certain types of development consistent with the North Shore Area Plan adopted the Chattanooga-Hamilton County Regional Planning Commission; and WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission has adopted a resolution recommending the adoption of a North Shore commercial/mixed use zone as a means for development of new uses within the North Shore Area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA; SECTION 1. That Article V of the Zoning Ordinance be amended to add the following new sections: 1500. C-7 NORTH SHORE COMMERCIAL/MIXED USE ZONE 1501. INTENT: The North Shore Commercial District is intended to promote development that is consistent with the North Shore Area Plan. The plan envisions development that: 1) maximizes the riverfront as a public resource and a catalyst for private development; 2) balances developed areas with land preservation; 3) accommodates a mixture of uses; 4) creates an appealing pedestrian environment; 5) preserves and enhances the architectural character and scale of the Frazier Avenue commercial district; and 6) promotes a distinctive image and identity for North Shore. 1502. GOALS: 1) promote a mix of uses within the North Shore Commercial District; 2) allow greater latitude in design than what is provided for by existing zoning requirements; 3) encourage investment in the district; 4) bring most daily activities within walking distance, giving the elderly and the young increased independence of movement; 5) reduce the number and length of automobile trips, minimizing traffic congestion, road construction and air pollution; 6) establish building densities that support the use of transit; 7) provide quality public spaces such as streets, sidewalks, parks and squares; 8) provide a full range of housing types and workplaces that will integrate age and economic class; 9) maximize use of all existing resources including land, buildings and infrastructure; 10) maintain the physical continuity of the street edge created by buildings. 1503. GENERAL STANDARDS: The North Shore Commercial Mixed Use Zone Review Committee created by the City Council shall serve as the body which reviews site and design proposals within the designated district. The Review Committee shall be guided by all adopted plans and policies including the North Shore Development Plan and the Downtown Plan and by the following general standards and considerations. The proposed development shall: 1) be consistent with the North Shore Development Plan and the Downtown Plan; 2) be in keeping with the general purpose and intent of these zoning regulations; 3) be compatible with the character of the district where it is proposed, and with the size and location of the buildings in the vicinity; 4) not negatively impact or injure the value of adjacent properties by noise, lights, traffic or otherwise detract from the immediate environment; and 5) not be of such a nature so as to pose a potential hazard to the proposed use or create an undesirable environment. 1506. REVIEW COMMITTEE: I. Membership: The North Shore Commercial District Review Committee shall be appointed by the Mayor with the approval of a majority of the Council to review development within designated overlay zones in the North Shore area. The Review Committee shall be composed of permanent staff and other rotating members set forth as follows: Staff (Permanent Members) 1. Planning Commission Executive Director (or designee) 2. Urban Design Consultant (or designee) Other (Rotating Members) 3. Architect (recommended by AIA Chattanooga) 4. Landscape Architect/Architect 5. Contractor/Developer/Realtor 6.-9. Four property owners, residents, or business owners from the district (recommended by the district City Council representatives). Ex-Officio Members The following will be called on to serve as non-voting members in cases requiring their technical and professional expertise. 1. Urban Forester (or designee) 2. Building Official (or designee) 3. Traffic Engineer (or designee) 4. Historic Preservation Planner (or designee) II. Membership Terms: 1. Staff members have no term limits 2. Other members serve 3-year terms, staggered. (Initial terms will be one, two and three years as determined by the appointing body.) 3. The chairman shall be elected by the Review Committee members. III. Meeting Format: 1. A majority of staff and rotating members must be present to constitute a quorum. 2. Majority vote required for approval. 3. Meetings shall be held once a month (if cases are pending) at a day and time to be determined by the Review Committee. 4. No person who has a potential conflict of interest shall serve on any case where a potential conflict is known to exist. IV. Design Guidelines: The Review Committee shall adopt illustrated design guidelines which shall be used as a reference guide to the standards set forth for design review within this Ordinance. 1507. APPLICATION AND REVIEW PROCEDURE: I. GENERAL PROJECT DESCRIPTION The applicant shall complete an application form so that the Building Inspections staff can determine the appropriate review procedure and submittal requirements. NOTE: Before making formal application, the developer is encouraged (but not required) to submit designs of the proposed project at a conceptual stage for staff review. II. CLASSIFICATION OF PROJECTS Upon receipt of the application, the Building Inspection staff shall classify the proposed development as follows: A. Exemptions 1. interior alterations/renovations which do not alter the footprint, height, or exterior of a structure; 2. routine maintenance - minor repairs and maintenance (such as painting, replacing roof shingles/lining to match existing, replacement of gutters to match existing) to any part of a building when there is no change in appearance; B. Administrative Review: staff approval may be provided for work that meets the design guidelines and is not one of the following: 1. New construction of primary structures, outbuildings, or garages; 2. additions; 3. demolition; or 4. parking lots or structures; C. Committee Review: The Committee must review all applications for: 1. new construction of primary structures, outbuildings, or garages; 2. additions; 3. demolition; 4. parking lots or structures; and 5. any applications that do not clearly meet the guidelines. III. SUBMITTAL REQUIREMENTS The Building Inspections Staff may require the following information to be submitted along with the application form based on the scope of the project proposed: 1. Vicinity Plan - shows the project in relation to the surrounding blocks within 300 feet of the site. Include building footprints, streets, access points, parking areas, and pedestrian facilities. 2. Site Plan - include vehicular access, parking, landscaping, property lines, building footprint, topography lines at a minimum 2' contour interval for finished grade, areas of cut/fill (minimum scale determined by staff) 3. Building Elevations - measurable drawings of the sides, front, and rear of each building where construction activity will take place. Drawings should show all openings (windows and doors); texture, color and materials shown by illustrations or annotation; and any other architectural features and landscape elements. (minimum scale determined by staff) 4. Site and Building Section - measurable drawings illustrating how the proposed building, structure, or addition and site would appear from a cross-section perspective. (minimum scale determined by staff) 5. Lighting Plan - measurable drawings by a licensed engineer or architect in the State of Tennessee which include fixture locations, fixture specifications and lighting levels specified within this ordinance. Additional Submittal Requirements 1) Other drawings such as floor plans, perspectives, and axons are encouraged but not required. 2) The staff may request additional information including physical samples of materials. IV. STAFF APPROVAL Projects classified as "Staff Approval" will be reviewed by the Building Inspections Staff and approved, approved with conditions, or denied within 10 working days of submittal (unless additional information is required). V. PUBLIC NOTICE Reasonable notice shall be given to the general public pursuant to the Open Meetings Act of all Review Committee meetings including the applications and property to be considered at such meetings which notice shall include, but not be limited to, posting of the property. VI. PROCEDURES TO BE FOLLOWED BY REVIEW COMMITTEE a. Projects classified as "Committee Review Required" will be considered by the Review Committee provided the required information is submitted to the Building Inspections Department at least 15 days prior to the regularly scheduled monthly meeting of the Review Committee. At that meeting, the applicant may present his/her project. b. The Review Committee will then approve the project, approve with conditions or deny based upon the development guidelines set forth in A71509 and the General Standards Section 1503. VII. ENFORCEMENT/ISSUANCE OF PERMITS a. Upon approval of a project with or without conditions by the Review Committee, building permits shall be issued for development, including any required conditions imposed by the Review Committee and approval by the Building Official in accordance with all applicable construction codes. b. No Certificate of Occupancy shall be issued by the Building Official until all requirements approved by the Review Committee have been accomplished and all applicable construction codes are met. Any changes to the approved plan shall be sent back to the Review Committee or staff for consideration. 1508. APPEAL: Anyone aggrieved with the decision of the Review Committee may appeal to the Board of Zoning Appeals within 30 days of the Review Committee's decision. 1509. DESIGN & DEVELOPMENT GUIDELINES The following development guidelines shall be applied to all development projects within the North Shore Commercial District. Principles precede each set of guidelines, defining the general intent for the guidelines. The guidelines define specific requirements for compliance. 1. Guideline statements which have language such as "shall" or "shall not" are mandatory. 2. Guideline statements which have language such as "preferred" or "should" means the applicant must comply unless he/she can prove it is impractical for his/her project before the Review Committee based on the following criteria: a. the physical conditions of the property (steep slopes, flood plain, drainage, small/irregular lot shape) make compliance physically impossible; b. the requirement would result in a total project cost in the building or property which exceeds the estimated value of comparable developments in the district; or 1. applicant shall provide project cost estimates from at least two contractors approved by the Building Inspector 2. applicant shall provide appraisals of the estimated market value of the development and comparable developments within the past two years from two different licensed real estate appraisers approved by the Building Inspector c. The applicant presents an alternative means of compliance that meets the applicable principle and complies with the stated goals and general review standards of the district. 3. Guideline statements which have language such as "encouraged" or "discouraged" mean that compliance is not mandatory, but recommended. GUIDELINES A. LAND USE PATTERNS 1. PRINCIPLE: A mix of land uses should be provided within the district and within each development site or building, wherever possible. (a) Pedestrian oriented uses such as storefront shops, offices, loft apartments, and townhomes are preferred for this district. (b) Auto-oriented developments such as gas stations, fast-food restaurants with drive-throughs, and recreational vehicle parks and campgrounds are strongly discouraged. (c) Individual development sites and buildings should incorporate a mix of uses including housing, commercial, and office. (d) The ground floor of buildings should consist of retail, restaurants, or services that create activity along the street. (e) Upper floor apartments should consist of offices or apartments. (f) Recreational uses should be passive. Examples include walking trails, picnic areas, and dining pavilions. (g) Active recreational uses such as go-cart tracks, ballfields, and golf driving ranges are strongly discouraged. (h) Uses which are known to produce or store toxic fumes or materials, dust, or other nuisance or health-threatening debris shall not be permitted. (i) All equipment or materials associated with the use shall be stored within a permanent, opaque building. (j) The following uses shall not be permitted: adult-oriented establishments; commercial hazardous and/or medical waste facilities; commercial radio, television, telephone and/or microwave towers; outdoor storage of vehicles, travel trailers, boats, or equipment; warehousing and commercial mini-warehouse storage; recycling processing centers; car and other vehicle sales; manufacturing and food processing enterprises in which more than five (5) employees are employed therein; single-wide manufactured homes; and taxi stands. (k) The following uses shall require a special permit in addition to design review by the Review Committee from the appropriate reviewing authority pursuant to the Zoning Ordinance: liquor stores; day care centers and kindergartens; animal hospitals, kennels, boarding, grooming, training facilities and veterinary offices; assisted living facilities, hospitals, medically assisted living facilities, and nursing homes. Following the granting of a special permit for the above uses by the appropriate reviewing authority, the project must undergo design review by the Review Committee and be approved in accordance with the provisions of this Ordinance. B. SITE DESIGN (1) PRINCIPLE: Buildings should be placed on the site in a way that reflects urban development patterns. (a) A zero (0) front setback is preferred. (b) In some cases the building may be setback from the street right-of-way more than zero (0) feet provided all of the following conditions are met: 1. no more than twenty (20) percent of the total building street frontage within any one block can set back more than zero (0) feet; 2. a fence, wall, or hedge (as defined herein) shall be used to maintain the street edge at the right-of-way line; and 3. activity shall be created between the sidewalk and the building front by providing a park, plaza, outdoor dining area, or similar activity. (c) A twenty-five (25) feet setback is required where the rear or side property line adjoins any residential district. (d) Where buildings are separated, a minimum of ten feet shall be provided between them. (e) Unless otherwise specified, there is no minimum side yard setback. (2) PRINCIPLE: While parking and vehicular access are essential parts of any district, they should not dominate, but should be sensitive to pedestrian scale and urban character. (a) There is no minimum off-street parking requirement. (b) The amount of off-street parking provided shall not exceed four (4) spaces per thousand (1,000) square feet of gross leasable area. (c) Vehicular access and off-street parking shall be located to the rear of the building. For situations where lots have double street frontage, the primary street is considered as the front. (d) In situations where access can not be provided to the rear due to lack of public access, the applicant shall first consider sharing an existing parking lot nearby or obtain vehicular access through an adjoining parking lot. As a last resort, parking may be provided to the side with one (1) curb cut. (e) For corner lots, parking and vehicular access shall be placed farthest away from the primary street which usually has the most pedestrian activity. (f) Where surface parking fronts any street (excluding alleys), a decorative fence, wall or hedge shall be provided along the right-of-way to screen parking. (g) Curb cuts shall be minimized; a maximum of one curb cut per surface parking lot is preferred. (h) Curb cuts shall be limited to a maximum width of twenty-six (26) feet. Where access by semi-trailers is required, the maximum width for a curb cut shall be thirty-six (36) feet. (i) Garage doors shall not front or be visible from the street (excluding alleys). (3) PRINCIPLE: The site design should accommodate and enhance pedestrian activity along the street. All developments should create an attractive pedestrian entry from the street. (a) Primary pedestrian access to the development shall be provided from the street. (b) For corner lots, primary access shall be provided from the primary street or at the street corner. (c) The face of a building, which fronts a primary street, should provide pedestrian entrances at a minimum rate of one entrance per fifty feet along the street. (4) PRINCIPLE: Landscaping should reinforce the urban character and scale of the district. Landscape design should be an integral part of the development. (a) Landscaping should be provided by all new development both around the building and within the site. (b) Dumpsters, utilities, and all service areas shall be screened by a fence, wall, or hedge. (c) Any landscaping within the public right-of-way shall comply with the Downtown Streetscape Standards, which can be obtained at the Planning & Design Center (266-5948). (5) PRINCIPLE: Lighting should be used to make the district attractive and safe during the night. However, lighting should not create excessive glare, especially in residential areas. (a) Exterior lighting is not required, however, all proposed lighting fixtures and designs shall minimize glare, shadows, and excessive light levels. To meet these objectives, all lighting designs should maintain the ratio of average illumination to least illumination of four (4) to one (1). This standard ensures uniform lighting levels. (b) If parking lots are illuminated, the mounting height of light fixtures should not exceed twenty feet and the illumination level at the darkest spot should be between 0.3 and 0.5 foot-candles. Asphalt surfaces are encouraged to minimize light reflection. (c) Building facades should not be illuminated except for the following situations: 1. buildings that have exceptional symbolic or historical significance in the community; 2. approved signs; and 3. officially designated holidays or seasonal events such as the Winter Lights Program (d) If landscaping is illuminated, the design shall not generate excessive light levels, cause glare, or direct light beyond the landscape canopy into the night sky. (e) If walkways are illuminated, the illumination should not exceed 0.5 foot-candles at grade. Light fixtures should be mounted relatively low (not to exceed fourteen feet) at pedestrian scale. Initial lumens should be 1,000. (f) If exterior display or sales areas are illuminated, the illumination should not exceed 5.0 foot-candles at grade. Light fixtures should not be mounted higher than twenty-five feet above grade. 09 (g) Security lights may illuminate building walls up to a level of eight feet above grade or above the bottom of doors, whichever is greater. Mounting height should not exceed twenty feet. Illumination level should not exceed 1.0 foot-candles at grade level. (h) Illumination level for areas designated as exterior display or sales shall not exceed an average illumination of 5.0 foot-candles at grade level. Fixtures mounted on poles may not be above twenty-five (25) feet above grade. (i) Lighting levels on gas station/convenience store aprons and under canopies shall be as needed to provide adequate safety but not to attract attention to the business. Areas around pump islands and under canopies shall be illuminated so that the minimum illuminance at grade level should be at least 1.0 foot-candle and no more than 5.5 foot-candles. The average illumination level shall not exceed 22.0 foot-candles. Canopy mounted light fixtures shall be recessed so the lens cover is flush with the bottom of the canopy and shielded by the edge of the canopy so the light is restrained to no more than 85 degrees from vertical. As an alternate to recessed lighting, indirect lighting may be used where light is beamed upward and reflected down from the underside of the canopy. For this case, light fixtures must be shielded to focus light exclusively on the underside of the canopy. Fascias (sides) and tops of canopies can not be illuminated or support light fixtures. (j) All light fixtures that generate more than 2,000 lumens shall be designed to direct light downward by means of "cut-offs" as defined by IESNA. 09 (k) All light fixtures which generate more than 2,000 lumens shall include shields to direct light away from adjacent properties or roadways. (l) Lamp types that accurately render color are preferred over lamps that significantly change the color and appearance of objects. Lamps shall have a Color Rendering Index (CRI) of sixty-five or greater (examples include incandescent, fluorescent, metal halide, and color-corrected High Pressure Sodium). Standard High Pressure Sodium and Mercury Vapor lamps are not acceptable. (m) Lighting installations should include timers, dimmers, and/or sensors to reduce energy consumption. (6) PRINCIPLE: Walls, fences, and hedges should be carefully designed and applied to maintain the street edge and to screen unsightly features such as dumpsters and other storage facilities. (a) Where parking lot screening is required along the street (excluding alleys), a fence, wall, or hedge shall be provided with the following characteristics: 1. maintain a screen that is at least 75% opaque between grade level and 3 and 1/2 feet above grade, but not to exceed 4 feet above grade; and 2. fences, walls, or hedges that exceed 4 feet above grade shall not exceed 6 feet in height and shall be no more than 50% opaque between 4 and 6 feet above grade. (b) Where a street edge is required, a fence, wall, or hedge shall be provided with the following characteristics: 1. a minimum height of 3 and 1/2 feet above grade but not to exceed 6 feet in height; and 2. shall be no more than 50% opaque between 4 feet and 6 feet above grade. 09 (c) Where screening is required to the side or rear of the property, a fence, wall, or hedge shall be provided with the following characteristics: 1. a minimum of 6 feet in height, but not to exceed 8 feet above grade; and 09 2. shall be at least 75% opaque. 09 (d) Walls and fences should be compatible with the architectural style, materials, and colors of the principal adjacent building. (e) Hedges shall consist of evergreen plantings planted in a landscape yard with a minimum horizontal depth of 3 feet. All plantings shall be installed at a minimum size of 3 gallons and spaced on-center no more than 80% of the expected mature spread. (f) Walls should consist of masonry, stucco, or stone materials. All wall materials and designs are subject to review and approval by staff or the review committee. (g) Fences should consist of wood, decorative metal, cast iron, or composite material. Highway-style guard rail, stockade, or contemporary security fencing (e.g. chain link, barb-wire, razor wire) shall not be permitted. All fence materials and designs are subject to review and approval by staff or the review committee. (7) PRINCIPLE: Open spaces should be used to create public gathering places and to protect environmentally sensitive areas such as steep hillsides, floodplains, and wetlands. (a) Development should not occur on steep hillsides (slopes over 25%) and within the flood hazard zone. (b) A minimum 100 feet deep "no-build" zone is encouraged along the edge of the Tennessee River bank to accommodate extensions of the Riverpark. (c) Open spaces such as parks, plazas, and greens are encouraged in every new development. (d) Public gathering places should incorporate fountains, water features, public art, and seating. (e) To enhance security, public gathering places should be easily accessible and positioned on the site to be visible from surrounding development. (8) PRINCIPLE: Stormwater facilities should not be visible from the street. (a) Stormwater retention and detention areas should be located to the rear of the property. (b) If stormwater facilities can only be located along the street, a decorative fence, wall, or hedge shall screen them. (9) PRINCIPLE: All buildings should be urban and pedestrian friendly in character. Buildings should also be compatible with neighboring buildings on both sides of the street. ROOFS (a) Acceptable roof styles are flat, hipped, and gabled, although flat roofs are encouraged as a preference. (b) Shed roofs (single pitch) and mansard shall not be permitted. (c) Flat roofs shall incorporate a decorative cornice line that clearly identifies the top of a building. (d) Roof pitch shall not exceed 12:12 (vertical to horizontal) or be less than 5:12. (e) The roof line should be similar in pitch and type to buildings within the same block on the same side of the street, unless those buildings have prohibited roof types. (f) Occupied roofs, such as roof gardens and terraces are encouraged. (g) Mechanical equipment located on roof tops should be screened due to their visibility from the Market Street and Walnut Street Bridges. BUILDING HEIGHT/SIZE (a) Buildings should have a height to width ratio between 1.5:1 and 1:1.5. (b) Buildings should be similar in height and configuration to neighboring buildings on the same block and side of street. (c) Buildings should have a minimum height of two stories or at least 12 feet. (d) No building shall exceed a height of four stories or 50 feet above street grade level to protect significant views and vistas, especially those of the river. (e) Dimensions from grade level to the bottom of the second floor should be at least 12 feet. (f) Building footprints of less than 10,000 square feet are preferred. BUILDING FACADE (a) Use design details to emphasize the building's base so that there is a strong pedestrian scale at sidewalk level. (b) Horizontal elements of the street facing facade should be aligned with the horizontal elements of adjoining buildings. (c) Long, uninterrupted horizontal stretches of street-facing building facades shall be avoided. Building bays, storefronts, entrances, columns, and other vertical elements shall be used in 20 to 40 feet increments to animate the building facade. (d) Storefronts should include display windows, transoms, and entrances. (e) Mansard-style roofs or mansard elements attached to the building facade shall not be permitted. WINDOWS, BAYS, AND DOORWAYS (a) Window frames (except glass block) shall always be recessed at least 2 inches from the exterior building face. (b) Windows shall have sills and trim; lintels are encouraged. (c) A vertical or square orientation for upper story windows is preferred. (d) All street facing facades at street level should contain at least 50% openings (windows, doors, bays). For corner lots, the 50% opening requirement will only apply to the primary street frontage. The secondary street frontage should have at least 30% openings. (e) The upper stories of all street facing facades should contain at least 30% openings but not to exceed 75% openings. (f) Tinted windows should not be used. The maximum reflectivity of any window shall not exceed 13%. (g) Recessed doorways are encouraged. Doorways shall not be recessed more than 5 feet from the front facade unless a courtyard, cafe, or other activity space is provided between the doorway and the sidewalk. (h) All openings, especially windows, should have a configuration (size, spacing, divided/undivided) that is similar to adjoining buildings, provided those buildings meet the guidelines stated above. HISTORIC CHARACTER PRINCIPLE: Buildings, which existed prior to 1945, are considered historic and should be retained and preserved. (a) Historic buildings should not be demolished. (b) Features should not be added to a building that create a false sense of history such as introducing coach lanterns, mansard overhangs, wood shakes, and shutters. (c) New additions or alterations shall be compatible with the massing, size, scale, materials, and architectural features of the original building. (d) New additions or alterations should not cover, remove, or damage significant architectural elements of historic buildings that are visible from the street (excluding alleys). Significant architectural elements include decorative cornices, windows, doors, trim around openings, railings, storefronts and any historically significant decorative features on the facade. (e) New additions should be smaller and simpler than the original historic building in scale, design, and placement. (f) New additions should be placed to the side or rear of historic buildings. ADDITIONS (a) All building additions shall be compatible with the massing, scale, size, materials, and architectural features of the original building. (b) All building additions shall align windows, doors, cornices and other architectural elements with those of the existing building. EXTERIOR MATERIALS (a) Buildings shall use materials that are compatible with neighboring buildings on the same block and side of the street. (b) Masonry materials such as brick, concrete split face block, and concrete block finished with stucco are preferred. Composition siding is acceptable. All other materials must be approved by the design review committee. (c) Metal siding, aluminum siding, vinyl siding or other similar exterior materials shall not be permitted. (d) Awnings, when applied, should consist of flexible canvas, acrylic, or vinyl coated material. Bubble, concave, or convex awnings and hard plastic awning materials shall not be permitted.09 (10) PRINCIPLE: Sidewalks are public spaces designed to accommodate pedestrian traffic. Sidewalks should also include street trees, benches, small displays and dining areas to create activity and interest. However, these additions should leave sufficient space for pedestrians to walk by. (a) All intrusions into the sidewalk shall provide a minimum 6 foot wide pedestrian lane within the sidewalk. (b) All intrusions into the sidewalk shall: 1. comply with the Downtown Streetscape Standards; 2. be compatible with the existing streetscape improvements; 3. be in line with the street trees and pedestrian lights or adjacent to the buildings; and 4. require a temporary usage permit from City Council (contact City Engineer's Office). (11) PRINCIPLE: Signs should balance the need to market individual businesses with the objectives of maintaining the district's existing traditional character and minimizing visual clutter. Within this Zone, the following requirements shall be met in addition to the general Advertising Provisions set forth within Chapter 3 of the Chattanooga City Code: (a) Signs shall not obstruct the architectural elements and details of a building. (b) All of the signs on any one building shall not exceed 50 square feet or 1.5 square feet per linear foot of building frontage. (c) Signs should be located in the lintel or sign frieze that separates the ground level from the upper facade, on the upper facade walls, or projecting from the face of the building. (d) Projecting signs shall be located a minimum of 12 inches below the second story window sill or top of the building, whichever is less. Projecting signs shall not exceed 16 square feet in area. (e) Signs should be lit by indirect lighting. (f) Roof signs, off-premises signs, and internally illuminated plastic signs shall not be permitted. (g) Neon signs shall be prohibited outside the building. (h) Wall graphics or murals shall be reviewed by the Review Committee.09 (12) PRINCIPLE: Demolition of buildings, which existed prior to 1945, is strongly discouraged. Demolition of any building which existed prior to 1945 and which still has most of its original design features should only be an action of last resort. (a) Destruction of a building which existed prior to 1945 should be avoided. (b) Demolition of such buildings should only be permitted if one of the following conditions apply: 1. Public safety and welfare requires the removal of the building or structure; 2. The building has lost its architectural and historic value; or 3. Removal of the building will improve the appearance of the district. (c) All buildings fronting any public street (not including alleys) should not be demolished unless a new building will be constructed in its place or the building presents a public safety or health hazard. APPENDIX A: BOUNDARY DESCRIPTION Property located generally between U.S. 127 (Market Street Bridge) and the Veterans Bridge, bounded on the south by the Tennessee River and on the north by Manning Street, Kent Street and Tremont Street, more particularly described as follows: Beginning at the intersection of the southwest ROW line of the Market Street Bridge and the north shoreline of the Tennessee River, thence northeast with the west ROW line of U.S. 127 (Market Street) 780 feet +/- to a point, said point being 165 feet +\- from the southwest corner of the intersection of the south ROW of Cherokee Blvd. and the west ROW of Market Street, thence northwest 42 feet +/- perpendicular to the west ROW line of Market Street to a point, thence northwest in a curving line 186 feet +/- to a point, thence continuing 134.72 feet +\- to a point, thence northeast 37 feet +\- to a point, thence in a northwestwardly direction 335 feet +\- along the south ROW line of the Chattanooga Traction Company ROW, where said line intersects the south ROW line of Manufactures Road, thence continuing on an extended line 100 feet +/- crossing Manufactures Road to the north ROW line of Manufactures Road, thence continuing in a northwestwardly direction along the south ROW line of Chattanooga Traction 770 feet +/- to a point where said line intersects the east ROW line of Somerville Avenue, if extended, thence along the east ROW line of Somerville Avenue in a northern direction 620.1 feet +\- to a point where said line intersects the southwest ROW of Cherokee Blvd., thence on an extended line 80 feet +\- to a point where said extended east ROW line of Somerville Avenue intersects the south ROW line of Manning Street, thence along the south line of Manning Street 1290 feet +\- to a point where said south ROW of Manning Street intersects the west ROW line of Market Street, thence on an extended line to a point where the south ROW line of Manning Street intersects the east ROW line of North Market Street, thence southeastwardly along the south ROW line of Manning Street to a point where said line intersects the west line of an unnamed alley, approximately 103 feet +\- east of North Market Street, thence south 300 feet +\- along the east line of lots 1 through 8 O'Gradys Amended Addition following the west ROW line of an unnamed alley to a point where the ROW line of the unnamed alley intersects the north ROW of Kent St., thence east along the north ROW line of Kent Street 200 feet +\- to the northwest corner of the intersection of the north ROW of Kent Street with the west ROW of Woodlawn Avenue, thence south 280 feet +\- along the west line of Woodlawn Avenue ROW to a point, said point being 435 feet +\- from the northwest intersection of Woodlawn Avenue ROW and Frazier Avenue ROW, thence east 160 feet +\- along the north ROW line of Hartman Street ROW if extended to a point, said point being 270 feet +\- from the intersection of Hartman Street ROW with Forest Avenue, thence from said point south 235 feet +\- along the west property line of lot 5 Fraziers Addition No. 1 to a point, thence east along the south property line of lots 3 through 5 Fraziers Addition No. 1 to a point, thence northeast 100 feet +/- along the east property line of lot 3 Fraziers Addition No. 1 to a point, said point being 94 feet south of the south ROW line of Hartman Street, thence southeast 107 feet +\- along the south property line of lot 2 Fraziers Addition No. 1 to a point, said point being 94 feet south of the southwest intersection of the west ROW of Hartman Street with the north ROW of Forest Avenue, thence south east 50 feet +\- to a point in the east ROW line of Forest Avenue, said point being north 260 feet +\- from the northeast intersection of Forest Avenue ROW with the north ROW of Frazier Avenue, thence from said point 192.7 feet along the north ROW line of an unnamed ROW to a point, where said ROW intersects the west line of Delmont Street ROW, thence along the west ROW line of Delmont Street 425 feet +/- to a point, said point being 430 feet +/- from the intersection of the west line of Delmont Street ROW with the south line of Manning Street ROW, thence east 190 feet +/- perpendicular to the east ROW of Delmont Street to a point in the west ROW line of Oliver Street, thence in a south, southeastwardly direction 550' +\- along the west ROW line of Oliver Street to the intersection of Oliver Street ROW and the west ROW line of Tremont Street, thence northeastwardly along the west ROW line of Tremont Street 490' +/- to a point, said point being the intersection of the northeast property line of lot 3 Fraziers's Addition No. 1 with the west ROW line of Tremont Street, thence southeast 50 feet perpendicular to said lot to a point in the east ROW line of Tremont Street, said point being 70' +/- from the northern property line of Lot 9 Subdivision of BLK II Frazier's Addn, thence along the west property line of lots 5 through 16 Block 7 S.J. Frazier Addition to a point, said point being in the north ROW line of Frazier Avenue ROW, thence east following the north ROW line of Frazier Avenue 600 feet +\- to point where the east ROW line of said ROW intersects the west ROW line of Barton Avenue to the west line of the Veterans Bridge to a point, thence south along the west ROW line of Veterans Bridge to a point where said point intersects the north shore line of the Tennessee River, thence westwardly along the north shore line of the Tennessee River to the point of beginning. SECTION 2. BE IT FURTHER ORDAINED, That the City Council hereby ratifies and affirms all action taken in the adoption of Ordinance No. 10696 which rezoned certain specified properties to C-7, North Shore Commercial Mixed-Use Zone. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading June 30, 1998. /s/______________________________ CHAIRPERSON APPROVED:__X__ DISAPPROVED:______ DATE: June 30, 1998 /s/______________________________ PAN:kac MAYOR