Duluth UDC § 204.16

a. Purpose and Intent of the CBD Zoning District. The CBD zoning district is intended to serve as the center of the community’s retail trade, civic functions, and financial and professional activity. Its primary purpose is to group uses together in a compact area to facilitate pedestrian movement and encourage development and redevelopment that enhances, stabilizes and preserves the traditional character of the area. b. Area Regulations. Principal uses and lots in the CBD District shall conform to the requirements in Table 2 B. This conformity shall be depicted on proposed concept plans and site plans (see the Procedures and Permits Article for submittal requirements). c. Uses Allowed in the CBD Zoning District. See Section 206 for allowed principal uses and restrictions that apply to particular uses. In addition, the Downtown Duluth Master Plan shall guide the location of uses. d. Architectural and Design Guidelines, Non-Residential and Multi-Family (Apartment) Uses. The following architectural and design guidelines shall apply to all new construction in the CBD District with the exception of residential development, which shall be subject to the requirements of paragraph (e), “Residential Development” of this subsection. Proposed designs shall be reviewed by the Planning and Development Director. All development shall meet the intent of the CBD District and requirements. 1. Building Facades. a. Exterior building materials shall be real brick, stucco or stone (primary materials) or wood or cementitious fiberboard siding that exhibits a horizontal or clapboard profile (secondary materials). Brick or stucco shall be of a color to match existing facade or, on new structures, be of a color that is compatible with surrounding buildings. Siding using secondary materials shall be painted or stained to match existing colors or be of a color that is compatible with surrounding buildings. Stand-alone buildings larger than 50,000 square feet and at least three (3) stories in height may use architecturally treated materials as defined by this code on portions of each façade higher than the lowest visible floor. In no case shall architecturally treated materials be used on any portion of a building lower than ten feet (10’) from the finished lot grade per facade. Buildings using architecturally treated materials shall incorporate a horizontal architectural band of at least eighteen vertical inches (18”) or an off-set in the horizontal plane at least six (6) feet in depth to act as a transition between the architecturally treated material and the lower primary building material. In all cases, the color of the architecturally treated materials should be lighter than the base primary material. 43 | P a g e Article Two. Use of Land and Structures b. Primary materials shall comprise a minimum of 60% of exterior wall surfaces, with the exception that stucco may comprise no greater than 25% of any exterior wall surface. c. Secondary materials may be used for up to 40% of the exterior wall surfaces. d. Any development consisting of a building longer than 100 feet must have off-sets in the horizontal plane that are at least 18 inches in depth and at least 5 feet in length for every 100 feet of frontage. e. At least 30% of all facades shall be non-reflective glass. U-Factor of glass shall be 0.65 or less and the Solar Heat Gain Coefficient less than or equal to 0.40. f. Doors, windows, and other architectural features shall embellish a minimum of 50% of the front facade and be used to break large wall planes into smaller components. g. The primary facade facing onto a street or public area shall have defining elements that differentiate the first floor from the upper facade. Defining element examples include entries, windows, awnings, grill work, piers, cornices and fascia. h. Cornice and fascia on the upper façade shall not exceed 6 feet in their vertical dimensions or 20% of the vertical length of the façade, whichever is less. For purposes of this subsection, the vertical length of the façade is measured from the finished grade to the top of the cornice or eave. 2. Roofs a. Allowed styles and forms include flat, gable, shed, or hip roofs. b. Secondary roof forms created by Parapet & Cornice Parapet & Cornice dormers, porches, entries, bays, and projections shall not comprise more than 50% of the roof area. c. New dormers shall be aligned with the facade windows or located between the openings below. d. The pitch of the dormer shall conform to that of the main roof. e. Shed dormers are permitted for roof slopes that are not visible from the street or public areas. f. If such dormers are to be used in a new construction project, they shall be included in secondary elevations. g. Allowed roofing materials include: tile, slate, stone, wood shake, or textured composite shingles with a shake, slate, or tile appearance. Exposed metal flashing shall be copper or factory finished sheet metal; if used as a standing seam, the color must blend with adjacent materials or be a color to simulate weathered copper or bronze. h. Flat roofs shall have parapets or cornice features. i. Flat roof materials shall be any material that meets local codes. Rooftop equipment shall be screened by building elements (such as a parapet wall) rather than through add-on screening (such as wood or metal slats). j. Any parapet or cornice details used on a street façade should be continuous on all walls of the building. 3. Architectural and Landscape Lighting. Architectural or landscape lighting may be used to highlight the unique features of a building and/or surrounding landscape treatment. High-lighting fixtures shall be located and designed in such a manner that the actual lamp and reflector are shielded or louvered so that it is not seen from a public area. See also the Outdoor Lighting Standards section of Article 3. 44 | P a g e Article Two. Use of Land and Structures 4. Signage. See the Sign Regulations, Article 6 of this Code. 5. Parking. Off-street parking will not be required for any use occupying a building that existed prior to the adoption of this Development Code. Off-street parking for any use associated with a building that is constructed subsequent to this Code adoption shall be provided in accordance with Article 4, with the exception that restaurant and retail uses are exempt from the requirements of Article 4. 6. Streetscape. Refer to the Downtown Duluth Master Plan. 7. Dumpster Enclosures. a. Dumpsters shall be screened on all sides with minimum 6-foot-high walls with the fourth side serving as an access gate. b. The walls shall be finished with the same exterior materials as the principal structure. c. Pedestrian and vehicle access shall be screened by a solid operable gate of the same height as the wall. d. Dumpsters cannot be located within the front or side yard. e. Dumpsters shall be placed on a concrete pad with sufficient strength to prevent them from sinking into asphalt or soil; the pad shall also be able to support service vehicles. f. A common refuse container may be shared between uses on separate lots that do not have sufficient area to store refuse with the submittal of a shared access agreement signed by all parties involved. 8. Mechanical and Communications Equipment. The following equipment shall be screened from the public right-of-way: a. Mechanical equipment shall utilize screening that is integrated with the building in terms of the building’s architectural form, materials, color, shape, and size. b. Roof mounted mechanical and communication equipment shall be screened by building elements (such as a parapet wall) rather than through add-on screening (such as wood or metal slats). c. No supply or exhaust vents shall be located along the public right-of-way or within 20 feet of any pedestrian entrance. 9. Utilities. a. Utilities (electric, telephone, cable, gas, sewer, and water) shall be placed underground in new construction or installation of new utility infrastructure. b. Utilities shall provide for interconnections such as the installation of sleeves for future extension of piping, shared, and oversized utility connections between buildings and shared entry courts or loading areas. e. Architectural and Design Guidelines, Residential Uses. The following architectural and design guidelines shall apply to all new single-family and townhouse construction in the CBD District. All development shall meet the intent of the CBD District and requirements. Final building plans, including elevations and materials, must be submitted and approved by the Planning and Development Director prior to the issuance of any building permits. Where the provisions of this Subsection e) conflict or overlap with other sections in the UDC, this subsection shall prevail and be controlling. 1. Single-Family Dwellings. The following standards shall apply to single-family dwellings: a. Minimum heated floor area: 2,800 square feet. b. Exterior Construction Materials. 1. Brick, stone, stucco and/or cementitious siding (which may be board, shingle or lap siding) are required. Variations in material may be approved by the Planning and Development Director. 2. Split-faced concrete block, vinyl, and metal siding shall be prohibited. 3. There shall be a minimum of eight different exterior elevations in a single- family development that exceeds two acres. 45 | P a g e Article Two. Use of Land and Structures 4. No two adjacent dwelling units shall have identical elevations. c. Garage Requirement. 1. Each dwelling unit shall provide a two-car garage. 2. See also subsection d below. d. Front Entry Garages. 1. There shall be a 22-foot minimum driveway distance measured from the back edge of sidewalk to the garage face. 2. The garage face shall be recessed a minimum of 5 feet back from the front building façade so as not to be the predominate feature of the front façade. 3. No more than 30% of homes in a single-family development shall be designed with front-entry garages. 2. Townhouses. The following standards shall apply to townhouses: a. Townhouses shall have an average of 2,400 square feet of heated floor area. b. Townhouses shall be designed to be rear entry. c. Each dwelling unit shall provide a two-car garage. d. Exterior Construction Materials. 1. Brick, stone, and/or cementitious siding (which may be board, shingle or lap siding) are required. Variations in material may be approved by the Planning and Development Director. 2. Split-faced concrete block, stucco, or granite block may only be used in an accent capacity for any building elevation. 3. There shall be a minimum of three different exterior elevations in a townhouse development that exceed two acres. 3. Apartments. See Section 204.16(d) and Section 305.01 Standards for Multi-Family Dwellings, Apartments. 4. Residential Driveways. a. Front loaded driveways shall be scored or finished with decorative treatment. b. With the exception of tapered aprons, driveway widths shall not be expanded beyond the width of the garage face. 5. Walls and Fences. a. Retaining Walls. 1. Retaining walls shall be constructed of interlocking masonry block, brick or other decorative material as approved by the Planning and Development Director. 2. Timber walls are prohibited. 3. Walls shall meet all City design standards and must be included in site development plans. 4. All walls exceeding 3’11” in height shall require a separate review and permit. b. Fencing. 1. Fencing shall be decorative in design. See also Section 304.02(b) Design Standards for Decorative Fences for additional requirements. 2. Fencing within a front yard setback shall not exceed 4 feet in height. 3. A fencing plan for any residential development shall be submitted for review and approval by the Planning and Development Director prior to the issuance of development permits. 6. Landscaping and Buffers. a. Sod shall be installed within all front, side and rear yards. b. Required front yards shall have a combination of sod, shrubs and ground cover. 46 | P a g e Article Two. Use of Land and Structures c. A landscape plan prepared in accordance with this Section and Article 7 shall be submitted for review and approval by the Planning and Development Director prior to the issuance of any development permits. d. The landscape plan shall indicate the installation of trees along all streets. 1. Tree spacing, specimen, and caliper shall be as required in Article 7 of this UDC. e. Buffers shall be provided in accordance with the requirements of Article 7, Division I Buffer Regulations. 7. Common Areas. All proposed common areas and parks shall be privately owned and maintained by one or more community associations in accordance with Article 5, Section 508 Owner’s Association of this UDC. 8. Parking. Off-street parking shall be provided in accordance with Article 4 of this UDC. 9. Roadways. a. All streets, alleys, and roadways shall be constructed to standards of Article 9 of this UDC unless approved by the Planning and Development Director due to unusual topographic conditions or property configuration. b. Public roadways and private roadways, if applicable, shall be noted on the final plat. 10. Utilities. a. Utilities shall be placed underground and shall meet all Gwinnett County utility metering requirements. b. Utilities shall be located in the rear of lots, when feasible. c. Placement of utilities shall be designed to maximize the quality and quantity of landscaping visible from the street and in no case should utility placement be designed to limit opportunities for improved streetscapes. d. Street lighting shall be approved by the Planning and Development Department. f. Residential Development 1. Requirements for All Residential Developments in the CBD Zoning District. a. Protective covenants. Residential development shall be subject to protective covenants which establish one or more mandatory membership community associations with the power to levy monetary assessments against all property owners and which have an obligation to maintain and operate all common areas for the benefit of the owners. The covenants shall be subject to the review and approval of the Planning and Development Department for compliance with this requirement. b. Parking. Each single-family detached and townhouse dwelling unit is required to have a two-car garage. c. Front-loaded driveways. If permitted, front-loaded driveways shall be scored or finished with decorative treatment. d. Common areas and parks. All common areas and parks identified on any site plan for a residential development shall be privately owned and maintained by one or more community associations. e. Walls. All retaining walls, as needed, shall be constructed of interlocking concrete block, brick, or other decorative material as approved by the Department of Planning and Development. Timber walls are prohibited. All walls shall meet all City design standards and must be included in the site development plans. f. Utilities. Utilities shall be installed underground throughout the development. When feasible, utilities shall be located to the rear of lots. Placement of utilities shall be designed to maximize the quality and quantity of landscaping visible from a street and in no case should utility placement be designed to limit opportunities for improved streetscapes. 47 | P a g e Article Two. Use of Land and Structures g. Landscaping. A landscaping plan for the residential development shall be submitted for review and approval by the Planning and Development Department prior to the issuance of any development permit. The plan shall indicate the installation of trees along all streets. Tree spacing, specimen and caliper of the trees shall be as required in this Duluth Unified Development Code of Article 7. h. Fencing. An overall fencing plan for the residential development shall be submitted for review and approval by the Department of Planning and Development prior to the issuance of any development permit. Any proposed fencing shall be decorative in design (see Sec. 304.02(b) of this Development Code for standards). Fencing within any front yard shall not exceed four (4) feet in height. i. Roadways. All streets, whether public or private, shall be constructed to the street and alley standards of this Development Code (Sec. 905). The residential development, and any final plat thereof if required, shall clearly distinguish between public and private roadways. j. Street lighting and signage. Street lighting and signage for the residential development shall be approved by the Department of Planning and Development. k. Sidewalks and Trails. Sidewalks and any multi-purpose trails shall be constructed consistent with the locations and widths as shown on a final site plan approved by the Department of Planning and Development. l. Driveway Widths. With the exception of tapered aprons, no driveway shall exceed or expand beyond the width of the garage face. 2. Requirements for Townhouses in the CBD Zoning District. a. Minimum lot size. For fee-simple townhouses, each lot shall have a minimum area of 1,800 square feet. This requirement may be waived by the Department of Planning and Development for zero lot line townhomes, provided that the developer includes a provision in the Covenants, Conditions and Restrictions for the project that clearly describe the maintenance and access of all common areas, streets, alleys and driveways. b. Minimum lot width and street frontage. Each lot shall have a minimum width of twenty- two (22) feet. Notwithstanding the requirements of Section 204.02 of this Development Code, fee-simple townhouse lots shall have a minimum street frontage of twenty-two (22) feet. c. Maximum building coverage. Building coverage shall not exceed 80% of any lot. This requirement may be waived by the Department of Planning and Development for zero lot line townhomes. d. Principal building setbacks. Townhome units shall have a minimum five (5) foot principal building setback from a front lot line; ten (10) feet form a side lot line from an end or corner unit and twelve (12) feet from a rear lot line. e. Heated floor area per dwelling unit. The minimum heated floor area for a townhouse unit shall be 2,200 square feet. f. Minimum building separation. Townhouse buildings shall be separated by a minimum of twenty (20) feet. Architectural features may be allowed to extend into the building separation requirement. g. Rear entry. All townhouses shall be designed to be rear entry: that is, garages shall not be located on the front elevation or accessed from the front of the lot, but rather, shall be designed with the required garage located to the rear of the lot and accessed via a street or alley. Garages shall have raised panel garage doors or decorative door equivalent. h. Façade differentiation. No adjacent units shall be alike. 48 | P a g e Article Two. Use of Land and Structures i. Required construction materials. Construction materials shall consist of the following: brick, stone, stucco and/or cementitious siding (which may be board, shingle or lap siding). Variations in material may be approved by the Planning and Development Director. Split-faced concrete block, stucco or granite block may be used in an accent capacity for any elevation. j. Additional requirements. Townhouses in the CBD Zoning district are also subject to the requirements of Sec. 304.03 of this Development Code. g. Alternate Architectural and Design Guidelines. 1. In the event the intent of Section 205.16(d) and Section 205.16(e) can be achieved with minor deviations that do not substantially affect the purpose and intent of this Section, the Planning and Development Director has the authority to modify the specific provisions on a case-by-case basis. If substantial modifications or changes are desired for a particular property or project, the property owner may present proposed modifications to the Planning Commission for review. 2. Any application for alternate architectural design standards shall be accompanied with proposed elevations, building material descriptions and renderings necessary for the Planning Commission to make a determination whether the alternate proposal meets the intent of these standards. The Planning Commission, as part of the approval process, may include conditions, modifications or requirements deemed necessary to maintain the high level of development quality intended by this Code Section.