§ 78-422. Guidelines.

In each case, the city commission shall have absolute discretion in determining whether to approve or deny an air rights easement which shall be based upon a determination of whether such grant is in the best interest of the general public. The following guidelines shall apply to all applications for grants of air rights over public rights-of-way.

(1)

The cost of all utility relocation and all other costs and impacts relating to the air rights easement shall be borne entirely by the applicant without any contribution from the city. No aboveground utilities shall be relocated to an aboveground location; all aboveground and underground utilities requiring relocation shall be relocated to an underground location.

(2)

Preference will be given to arcade locations shown on the CRA "L area" sector plan, and on other downtown sector plans adopted by the city commission from time to time.

(3)

Arcades shall have a minimum clear depth of 12 feet from back of column to main building facade. In those cases where the city is granting air rights over the public right-of-way and such grant will not result in ten feet of clear depth, the applicant shall be required to grant a contemporaneous pedestrian and underground utility easement to the city on the applicant's property to reach the ten feet of clear depth, such public easement to be in form and content acceptable to the city. Decorative elements to arcade columns shall not encroach into the 12 feet of clear depth. Placement of tables in the arcade is subject to the provisions of article X of this chapter.

(4)

Arcade height of the first story shall be no less than 14 feet and shall not exceed 20 feet from finished floor to finished ceiling.

(5)

The arcade area over the right-of-way shall average not more than three stories over the entire length of the allowable facade with a maximum of four stories above the sidewalk level. Arcades at the first story level shall be counted as a story.

(6)

Arcades shall be designed to preserve the continuity of the pedestrian environment and should avoid placing a sidewalk outside the arcade area.

(7)

All footers in support of arcade columns and/or buildings shall meet the following requirements:

a.

Top of footers shall be at an elevation no less than six feet below the adjacent edge of pavement.

b.

Footers shall not extend more than one foot beyond the column lines, which column lines shall be measured from the column structural element excluding any decorative element.

(8)

For Type IIIa and Type IIIb buildings, the architectural design guidelines for the residential incentive program shall apply to the entire building.

(9)

The design and placement of all improvements in the proposed air rights easement area shall be consistent with the goals and objectives of the downtown master plan.

(10)

Lighting within all areas where the public will travel, whether in arcades or through alleys, shall meet the CPTED principles.

(Code 1979, § 26-422)