A. 
The purpose of this Chapter is to establish procedures to develop and adopt individual overlay district regulations that apply to specifically delineated areas of the City for the purpose of identifying, conserving, maintaining, strengthening, and enhancing a neighborhood's cohesive and distinctive architectural or physical characteristics.
B. 
The focus of a Neighborhood Conservation Overlay District (NCOD) is maintaining certain standards in the District, such as the broader characteristics that provide neighborhood character, including, building heights, setbacks, massing, open space, repetition of building and streetscape elements, and trees and landscaping.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Separate ordinances are required to designate each NCOD. As provided in Section 9.47.050, each overlay district shall identify the designated boundaries, and applicable standards for that overlay district, and be consistent with the LUCE.
B. 
The NCOD is an overlay to the standard underlying zoning districts. If there is a conflict between the regulations of the NCOD and the underlying Zoning District, the NCOD regulations shall take precedence and modify those of the underlying Zoning District. However, NCOD provisions shall not permit higher density, increased building height, or increased total floor area to an extent greater than permitted by the underlying Zoning District.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
The establishment of an NCOD may be initiated by:
1. 
Planning Commission. A resolution of intention approved by the Planning Commission; or
2. 
Landmarks Commission. A resolution of intention initiated by the Landmarks Commission; or
3. 
Property Owners and Tenants. An application signed by tenants and/or property owners representing at least 50 percent of the parcels within the proposed district that is submitted to the Planning Division accompanied by an application that meets the requirements of this Chapter. Only one property owner signature per parcel is required. For tenant-occupied parcels, one tenant signature for each of at least 50 percent of the units is required.
B. 
An application shall be accompanied by the required filing fee and shall include the following information:
1. 
Applicants' names, contact information, and signatures;
2. 
Precise boundaries indicated on a map provided by Planning staff, and show all streets and alleys. These continuous boundaries shall meet NCOD criteria;
3. 
Name and addresses of all property owners in the proposed district;
4. 
List of neighborhood associations and HOAs within the proposed district and available contact information;
5. 
Statement of justification including:
a. 
Description of the neighborhood and/or property characteristics and features worthy of conservation, including any significant trees and other landscape features.
b. 
Description of how the application meets NCOD criteria and why such a designation would be in the best interest of the neighborhood and the City; and
6. 
Documentation, including but not limited to photographs, histories, and supporting material documenting such neighborhood characteristics.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
To be designated as an NCOD, the area must meet the following criteria:
A. 
Minimum Size. The area within the proposed NCOD shall include a minimum of one block face. A block face shall represent the longer side of one City block.
B. 
Boundaries. The boundary of the proposed NCOD shall be continuous and may include parcels that are contiguous and/or across a right-of-way.
C. 
Distinctive Features. The area shall possess one or more of the following distinctive features that create a cohesive identifiable neighborhood character and can be clearly emphasized through the application of overlay district development standards and/or design guidelines:
1. 
Scale, size, type of construction, or distinctive building materials reflecting a concentration of structures of similar scale, period of construction and/or use of materials characteristic of the style of construction.
2. 
Parcel layouts, setbacks, or street layouts providing a similarity of siting characteristics of a single period or style of construction.
3. 
Architectural features, such as a concentration of structures reflecting a repetition of treatment of stylistic elements, including, but not limited to, roofs, porches, windows, wall articulation, and building ornamentation.
4. 
Site planning and natural features, such as historic development patterns and topography.
5. 
In addition, streetscape features, such as trees, landscape, sidewalks, lighting, or overall street character may help delineate or distinguish an NCOD, however public rights-of-way shall not be governed by this Chapter.
D. 
An NCOD shall not include properties in a designated historic district or overlay another NCOD.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
The Planning Commission shall determine the eligibility of an NCOD application pursuant to this Section 9.47.050. The Planning Commission shall review the application, the Planning staff's initial analysis, and will determine the eligibility based on the following criteria:
1. 
Clear documentation of distinctive characteristics shared by properties within the proposed boundaries and why they are worthy of conservation; and
2. 
Consistency with LUCE goals and policies.
B. 
In order to determine that an application is eligible to be processed, the Planning Commission must make all of the following findings of fact in an affirmative manner:
1. 
The proposed NCOD application meets the designation criteria of Section 9.47.040;
2. 
The properties within the proposed boundaries are recognizable as a distinct area with shared characteristics; and
3. 
The proposed NCOD possesses physical features that contribute towards a recognizable identity and therefore warrants further study.
C. 
The Planning Commission may modify the boundaries of the proposed NCOD if it finds that the modification meets the purpose of the proposed NCOD.
D. 
If the Planning Commission determines that an application meets the eligibility criteria, the Commission's determination to process the application shall include the notice of initiation of amendment to the Zoning Ordinance and an Official Districting Map pursuant to Chapter 9.46.
E. 
If there are multiple applications, the Director shall recommend the order in which they will be processed.
F. 
Should the Planning Commission determine that an application does not meet the criteria of subsections (A) and (B), the Planning Commission shall send its written determination to those who signed the application. The decision of the Planning Commission may be appealed to the City Council pursuant to Section 9.37.130, Appeals.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Neighborhood Information Meeting. Upon determination of eligibility by the Planning Commission, the Director shall send notice to all residents and property owners within the proposed NCOD boundaries informing them of the application and the review and approval process. The Director shall arrange for a neighborhood-wide meeting to inform the community about the NCOD and the program requirements.
B. 
Neighborhood/Community Meeting Notice Requirement.
1. 
Written notices shall be sent by mail or email to all residential units and property owners of record within the proposed NCOD boundaries, as well as anyone else requesting notice.
2. 
The notice of meetings shall also be available on the City website.
C. 
Planning Process and City Staff. The Director shall appoint a Planning staff coordinator to process the application.
1. 
Staff shall work with the neighborhood to further define the neighborhood's unique character and identify conservation solutions, including appropriate regulations and incentives.
2. 
Staff shall prepare needed studies, reports and draft appropriate conservation criteria and draft ordinance.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Each NCOD shall identify what is critical to its conservation and may require additional and/or modified standards. In addition to regulations, each NCOD may adopt design guidelines, incentives, as well as a "Pattern Book" approach.
B. 
Standards may include, but shall not be limited to, the following elements:
1. 
Building height, number of stories;
2. 
Floor area ratio;
3. 
Setbacks;
4. 
Off-street parking requirements;
5. 
Ground level open space requirements;
6. 
Garage entrance location;
7. 
Design standards;
8. 
Building materials;
9. 
Fences and walls;
10. 
Landscaping;
11. 
Street trees;
12. 
Paving patterns, hardscape covering; and
13. 
Porch designs.
C. 
The NCOD ordinance may provide a procedure to modify development standards when an alternative design would better achieve the objective of a standard or design guideline.
D. 
The NCOD ordinance may include incentives that are appropriate and encourage conservation within the NCOD.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2814CCS, 5/27/2025)
A. 
Procedure. After Planning staff has prepared the draft NCOD ordinance, the Director shall transmit the draft standards and/or guidelines to the Landmarks Commission and Architectural Review Board and schedule public hearings before the Planning Commission and City Council pursuant to Chapter 9.37, Common Procedures. The Landmarks Commission and Architectural Review Board are encouraged to submit comments on the draft NCOD ordinance to the Planning Commission for consideration during the public hearing.
B. 
Noticing. Adoption of the NCOD will be in compliance with Chapter 9.46, except that notice of hearing shall be mailed to all property owners of record and residents of property within 500 feet of the boundaries of the NCOD.
C. 
Findings. An NCOD may be adopted by ordinance of the City Council only if the findings of Chapter 9.46 and the following findings of fact are made in an affirmative manner:
1. 
The proposed NCOD meets the designation criteria of Section 9.47.040;
2. 
The properties within the proposed NCOD's boundaries are recognizable as a distinct area with shared characteristics; and
3. 
The proposed NCOD possesses distinctive features, including, but not limited to physical attributes that create a cohesive identifiable neighborhood character which conveys a unique architectural or physical setting that provides a sense of place to the neighborhood today that warrants the adoption of these conservation regulations.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Applications for projects located within an NCOD that are received after the effective date of the pertinent NCOD shall require the approval of a Development Review Permit pursuant to Chapter 9.40. In addition to the requirements of the NCOD, the Planning Commission, or City Council on appeal, shall evaluate the proposed project in context with nearby properties and the buildings, structures, and other features, including, but not limited to ground level open space, landscaping, and trees that will be altered or demolished as a result of the proposed project. The ordinance for each NCOD shall specify the threshold and criteria to exempt certain projects from a Development Review Permit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Real estate sales offers for properties located within a NCOD shall disclose that the property is located in a NCOD pursuant to Chapter 9.57.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)