23.73.015

A. For provisions in this Chapter 23.73 that require a portion of a character structure to be retained in order to earn incentives, in addition to the provisions of the applicable section, the minimum requirements for retaining a character structure are as follows: 1. All street-facing facades of the character structure shall be maintained for the life of the project, and original facade openings that provide transparency at the street-level shall remain unobstructed to retain visual access to interior spaces for pedestrians on the abutting sidewalk, even if the resulting amount of transparency exceeds what is otherwise required in subsection 23.47A.008.B.2; 2. All portions of the new structure above the height of the street-facing facades of the character structure shall be set back a minimum of 15 feet from the street-facing facades of the character structure, except: a. Projections such as unenclosed balconies, bay windows, cornices, belt courses; and eaves, gutters, and other forms of weather protection may project a maximum of 18 inches into the required setback; and b. On through lots that are bounded on three or more sides by a street and that are less than 170 feet wide measured between streets, a setback is not required from the narrowest abutting street that is not shown as a Principal Pedestrian Street on Map A for 23.73.008. 3. The original floor-to-ceiling height of the street-level story of the character structure is maintained, allowing for adjustments to provide access to persons with disabilities. 4. If it is determined at any time that the character structure's street-facing facade cannot be maintained as required under subsection 23.73.015.A.1, the Design Review Board shall review any proposed changes to the facade before changes are made. If the proposed facade changes are not approved through the design review process the incentives may not be used. B. Character structures that are retained as provided by this Section 23.73.015 shall be maintained as approved by the Master Use Permit for the project for the life of the project in a manner that complies with applicable codes and approved plans, including the approved plan required by subsection 23.73.015.C. C. The applicant, as part of the Master Use Permit application submittal, shall submit the following: 1. A plan specifying the portions of the character structure to be retained, demolished, or rebuilt. For portions of the structure to be retained, the plan shall clearly indicate: the materials to be retained in place, salvaged for reconstruction, or otherwise modified, and new materials to be used in any reconstruction; and 2. A representation of the structure's final appearance. D. A demolition permit may only be approved for portions of the project that are specified for demolition in the plan submitted with the Master Use Permit application. E. For the purposes of applying any applicable street-level developments standards of Section 23.47A.008 , the portion of a character structure that is retained to meet the standards of subsection 23.73.015.A shall be regarded as an existing structure. F. Departure from standards for retaining portions of a character structure. For a project that retains portions of a character structure, departures from the provisions in subsection 23.73.015.A may be granted through the design review process, provided that one or more of the following conditions apply: 1. The departure will allow for design treatments that reduce the appearance of the bulk of the new structure and enhance the relationship between the new structure and the retained character structure on the lot or development on adjacent lots; or 2. The portions of the new structure will not obscure key elements of the retained structure's architectural character; or 3. The departure will facilitate the retention of other character structures on the lot; or 4. Additional flexibility is necessary to maintain a character structure on a development lot that is constrained by size or configuration; or 5. The departure will allow for a more functional street-level plan and improved pedestrian access while retaining key qualities of the street-level story of the character structure, especially as perceived from the street. G. Demolition of character structures. If a project is required to retain all the character structures on a lot under the provisions of this Chapter 23.73 , a character structure may nevertheless be demolished through a departure approved by the design review process according to the provisions of subsection 23.41.012.B. (Ord. 125429 , § 21, 2017; Ord. 125272 , § 60, 2017; Ord. 124503, § 11, 2014)