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1. Defining the Downtown Code.

a. The Downtown Code is the regulating document for development in downtown Frederick. The basis for this Code is in two unique Zoning Districts – the D-A and D-B Zones. The Downtown Code recognizes the historic character of the downtown and identifies a special set of development standards, allowed use regulations, and other special use regulations that, when applied to new construction and qualifying remodels/expansions, will ensure that the historic character is positively complemented.

b. The standards in this Chapter are presented in a format that is unique to the downtown – through a Form Based Code. Form based zoning provides a method of regulating development to achieve a desired urban form. Form based provisions address the relationship between building facades and the public realm, the form and mass of buildings, and the size, character and type of streets and blocks. The central focus of form based provisions is the regulating plan that designates the appropriate form (and character) of development rather than only distinctions in land-use types, which is the basis of conventional zoning.

c. This Downtown Code also includes regulations for the street – the space between buildings. Part of the historical context of the downtown includes how individual developments relate and interact with the street. This is because the street acts as a unifying thread across all development.

d. Relationship to Other Zoning Provisions. Generally, the regulations of this Article shall govern development within the downtown – specifically within the D-A and D-B Zoning Districts. In cases where there is a conflict between the provisions of this Chapter and the regulations elsewhere in the Zoning Code, this Chapter shall prevail. However, with regard to topics that this Chapter is silent on, provisions elsewhere in the Zoning Code shall prevail.

2. Administration of the Downtown Code.

a. Review of Development Applications. The Planning Commission has authority to approve Comprehensive Plan amendments. The Board of Trustees approves Variances and Waivers. The Board also approves Conditional Use Permits. Site plans are approved administratively at the staff level. The designated approval authority for each planning permit is listed under the regulations for each application in the Zoning Code:

(1) Site Plan – Section 4.11.1

(2) Conditional Use – Section 4.9.4

(3) Variances – Section 4.7.7.a

(4) Waivers – Section 4.7.8.a

b. Amendments to the Downtown Code. Amendments to the Downtown Code shall be processed like any other Land Use Code amendment as described under Section 4.7.9 (Land Use Code amendments).

c. Review Criteria. When approving an application for a development application and/or amendment to the Downtown Code, the designated approving authority shall, in addition to any other findings required by this Land Use Code, make the following findings:

(1) Development Application – That the proposed development complies with the regulations of the Downtown Code, promotes the spirit of the downtown by integrating into the fabric of its public and private built environment (the downtown’s DNA – what makes its unique character) and complementing the architectural quality of the downtown.

(2) Amendment to the Downtown Code – The proposed amendments to the Downtown Code are consistent with the intent of the Downtown Code by helping to preserve and protect the existing, historic, and unique character of the downtown.

3. How to Use the Downtown Code. The Downtown Code regulates many aspects of development, but is structured to be as user-friendly as possible. The following outline is intended as an orientation that walks a user through the primary aspects of the Code.

a. Determine the District and Street Typology governing the parcel with Section 15.4. First, refer to the Regulating Plan in this chapter (see Section 15.4.A) to determine which district the parcel is located in. The district is necessary for understanding the majority of the document; it determines applicable development standards and allowed uses. Next, use the Regulating Plan to determine which street typology applies to the parcel. Street typology standards dictate factors such as street widths, lane widths, and right of way dimensions. Most private development projects will not affect or need to consider street typology standards. These are primarily for the Town to use when it makes larger-scale infrastructure improvements such as the expansion of the downtown to vacant lands west of Colorado Boulevard.

b. Determine the Allowed Uses with Section 15.5. The Downtown Code specifies which land uses are allowed, conditionally allowed, and prohibited for the two districts established for downtown. Refer to Section 15.5 (Allowed Uses) to see which uses are allowed for the parcel and to find definitions of land uses.

c. Determine Basic Development Standards with Section 15.6. For any development to take place on a parcel, it must be done in conformance with the regulations provided in the Downtown Code. The primary development standards for all development are provided in Section 15.6.2 (Area-Wide Standards) and Section 15.6.2.e. (Development Standards). Section 15.6.2 (Area-Wide Standards) applies to all development, regardless of Zoning District. Section 15.6.2.e. (Development Standards) provides standards by Zoning District, including building height and placement. These regulations essentially create a "building envelope" for each parcel based on its district, determining the space on the parcel in which development can take place. Section 15.6.4 (Storefront Regulations) also provides storefront standards that provide further regulation on the dimensions of building frontage features; unlike the general development standards, these standards are only applicable to first floor commercial uses with storefront frontage, gallery, and arcade types.

d. Determine Form Based Requirements with Section 15.7. The Downtown Code goes beyond the traditional zoning code; whereas traditional zoning codes simply regulate uses and dimensions, the Downtown Code actually regulates building form and style to work towards an enhanced character and appearance in downtown. It does so by establishing allowed building styles and frontage types for each district. In addition to complying with the standards established elsewhere in Articles 2 and 3, new development must also comply with the form based requirements in Section 15.7 (Building and Frontage Types). Refer to Section 15.7 for descriptions of allowed building and frontage types for each district.

e. Determine Sign and Parking Standards with Sections15.8 and 15.9. The Downtown Code provides regulations that govern allowed sign types and parking standards in the downtown. Section 15.8 (Signs) establishes allowed sign types for each district in downtown, design standards, and limitations for sign size and number based on the size of the building and type of sign. Section 15.9 (Parking) establishes allowed parking types and ratios by district and land use. Parking ratios are expressed as a ratio of parking spaces to total square footage of the land use.

f. Determine Additional Design Guidelines with Section 15.10. To ensure that downtown Frederick develops a high-quality aesthetic environment, the Downtown Code provides additional design considerations. Whereas Section 15.7 (Building and Frontage Types) provides form based guidelines for specific structures that are allowed by district, Section 15.10 (Architectural and Design Guidelines) provides broader design considerations for all projects in downtown, regardless of the district they fall in. Unlike other standards provided in the Downtown Code, most of the design guidelines provided in Section 15.10 are guidelines (and not requirements) that provide ways to achieve attractive design. While these are only guidelines, the designated Approving Authority may still require them as conditions of project approval, so they should still be considered in all design and development. Section 15.10 provides general design guidelines for multiple aspects of design, including architectural styles, building massing, lighting, landscaping, colors and materials.

g. Determine Special Regulations. There are additional uses that may occur in downtown, that, due to their unique nature, are not adequately addressed elsewhere in the document. Regulations governing these unique uses are provided in Section 15.11 (Special Regulations). These unique uses include live/work spaces, public art, and storefront vacancy. Regulations are specific to these uses, and not determined by district.