§ 16-32.003. Nominations, recommendations and legislation establishing boundaries; specific regulations for individual neighborhood commercial districts.

A Neighborhood Commercial District shall be created by an ordinance which shall be submitted for approval of the council after the completion of the procedures set forth in this chapter.

(1)

Nominations. Nominations may be initiated by city council, the director of the bureau of planning (the "director") or a minimum of ten percent of the total number of properties within the proposed district subject to the approval of the director. Nominations by city council shall be in the form of a resolution requesting the director to prepare a recommendation. The nomination shall contain information and suggestions concerning the areas, buildings, and/or premises proposed for such regulations sufficient for the bureau of planning to prepare a recommendation. Nominations by property owner(s) shall be in the form of nomination applications to the director on forms provided for such purpose and shall be deemed to be complete at such time as all supporting required documentation has been provided. No recommendation on a nomination will proceed without a complete application. When an application is complete, the bureau of planning shall prepare a recommendation to the zoning committee of the city council.

(2)

Recommendation by the bureau of planning. Recommendations concerning the establishment of a Neighborhood Commercial District shall be prepared by the bureau of planning for review. Favorable recommendations shall include an ordinance legislating creation of the district. Each favorable recommendation and associated ordinance shall identify the proposed zoning by the NC prefix and a number generated by the bureau of planning identifying the particular district, for example NC-1. The identification may also include language indicating the character or location of the district.

Such ordinance shall proceed for city council consideration in the same manner as any other rezoning ordinance.

The recommendation of the bureau of planning (the "recommendation") shall contain the following items which shall be transmitted to the zoning committee for its review. The recommendation shall be prepared only for the purpose of assisting in the evaluation of the NC ordinance and shall not become a part of the Neighborhood Commercial District chapter.

a)

Comment on proposed district boundaries. The recommendation shall include a map or maps indicating:

i.

The boundaries of the Neighborhood Commercial District and any subareas established within the district for purposes of Neighborhood Commercial regulations.

ii.

The location and zoning designation of districts or portions of districts, if any, to be supplanted by Neighborhood Commercial zoning.

b)

Alternative size and distance exception approval. Where necessary, the neighborhood commercial district maximum diameter of one-half mile may be increased. An increase may be authorized on a showing by the bureau of planning that the district size limitation would cause an otherwise suitable use to be excluded when it is located on a parcel which is only partially in the district if the one-half mile limit is imposed.

c)

Staff report. Each recommendation submitted to the council shall include a narrative staff report stating whether the bureau of Planning supports the proposed nomination of the district for Neighborhood Commercial District designation, based upon whether the NC regulations are appropriate for the nominated area, and may include such additional information and suggestions on the area, buildings and premises under consideration.

3.

Contents of the district ordinance. Each ordinance creating a Neighborhood Commercial District shall contain the following:

a)

District boundaries. The ordinance shall include a map or maps indicating:

i.

The boundaries of the Neighborhood Commercial District and any subareas established within the district for purposes of Neighborhood Commercial regulations.

ii.

The location and zoning designation of districts or portions of districts, if any, to be supplanted by Neighborhood Commercial zoning. Upon passage of the ordinance creating the Neighborhood Commercial District, the boundaries of the district shall be shown on the official zoning maps of the city which are incorporated and made a part of this chapter.

b)

Statement of intent. Each Neighborhood Commercial District ordinance shall by this reference incorporate the statement of intent found in this chapter as well as any particularized statement of intent appropriate to the individual district being created.

c)

Incorporation of general regulations. Each Neighborhood Commercial District shall specify that the general regulations found in this chapter are applicable to the district created.

d)

Listing of specific regulations for an individual district, limited to e) below.

e)

The following specific type of regulations may be established for any NC district and such regulations shall be contained in the district ordinance in the order listed below:

i.

Maximum parking requirements may be established.

ii.

Permitted principal uses and structures and permitted accessory uses and structures may be identified and omitted.

iii.

Uses permissible by special permit may be identified and omitted.

iv.

A specific use may be limited in number by limiting the total number of such specific use or the maximum ratio of such use to the total number of all businesses in the district.

v.

Buildings may be limited in height, beginning at a distance of 300 feet from the nearest Single-Family Residential District.

vi.

Maximum floor area of permitted uses may be reduced.

vii.

Hours of operation of specific uses may be restricted.

viii.

Minimum transitional side and rear yard widths may be reduced.

ix.

Minimum block face lengths may be reduced.

x.

Species of street trees may be specified.

xi.

Sidewalk requirements and supplemental zone requirements may be varied to be in keeping with existing conditions, only on a block where 50 percent or more of the buildings were built before 1950 (See subsection 16-32.015(5), Relationship of building to street).

Any of the above regulations adopted for individual districts shall apply to such district as a whole. Subareas may be created within an individual district only for the purposes of varying sidewalk widths, supplemental zone widths and tree species from the district as a whole. Such subareas shall be a minimum size of an entire length of a street block face that lies within the district.

(Ord. No. 2000-52, § 1, 9-26-00)