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A. The following public benefit features are encouraged:

1. Open Space, Atrium, Plaza, or Garden Available to the Public.

a. These areas are intended to provide public open space which provides quiet retreats from surrounding activity in the intensely developed areas of downtown or a center. While relatively small, they should be flexible in design to accommodate passive recreational activities, as well as allow events and public gatherings. They should also be strategically located to denote important places, create a focus for surrounding development, and increase light and air at the street level. Weather protected areas can serve to function as an interior park to give the public relief from extreme weather conditions.

b. An open space area shall be directly accessible from a public sidewalk with accessibility to the handicapped meeting state handicapped requirements.

c. Permanent art may be incorporated as part of the open areas as set forth in this subsection.

d. Kiosks, displays, art exhibits, and retail vendors are permitted provided they are portable in nature and use of the open area by the public is not precluded. The total area occupied by such uses should not exceed twenty-five percent of the total open area.

e. Interior pedestrian lighting shall be provided.

f.  Directory or directional signs may be permitted pursuant to Chapter 17.60 of this code.

2. Sculptured Building Tops.

a. Sculptured building tops are intended to provide visual interest and variety in the downtown or center skyline. They have the greatest impact in the downtown area where the tallest buildings are permitted. A sculptured building top which modifies the silhouette of a building by reducing the area of the top floor, reduces the overall bulk of the building to produce a more interesting building form. As the building increases in height, its upper portion should become more slender and ornamental. Mechanical equipment on the roof would be enclosed and integrated into the design of the building.

3. Public Art Work.

a. There is a broad view of what constitutes art, and it is desired to encourage a high-quality, imaginative interpretation of the various media. Works of art may be merely decorative, or both decorative and functional. Over time, new materials and art forms may be developed. Therefore, art work may include, but is not limited to, two- or three-dimensional works in all media such as oil or acrylic on canvas, textiles, photography, ceramics, wood, paper, metal, stone, etc. Art work may also include fountains, mobiles, special wall or paving surfaces, mosaics, murals, landscaping elements, and other decorative features. Interdisciplinary projects and collaborations are encouraged, as are works involving sound, touch and other senses.

b. Art work should be an integral part of the design of the building or public open space, and should be compatible in bulk, scale, design, texture, color, and shape with the space in which it is located. It shall be located so that it is clearly visible to people using the public space, and whenever possible, visible from the street.

c. The setting for art work shall be designed in such a way as to provide comfort and amenity, and accommodate people viewing it by incorporating such features as steps, ledges, benches and other seating, or provide rails or other architectural features to lean against.

d. The property owner shall be responsible for the maintenance of all art features for the life of the building or open space.

4. Voluntary Building Setback.

a. Voluntary building setbacks are intended to expand the landscaped area along streets to encourage additional open space along public streets that link large open space areas, parks and plazas.

b. The additional setback area should provide ample room for landscaping that will complement existing street landscaping and the building.

5. Overhead Weather Protection.

a. Overhead weather protection is intended to improve pedestrian comfort along pedestrian routes.

b. Overhead protections should be permanent and nonretractable with a minimum protection width of six feet.

c. At least one -half of the overhead protection should be over the sidewalk within the public right-of-way. An encroachment permit shall be obtained from the public works department.

d. No covering shall extend more than ten feet or to a point within two feet from the curb flow line, whichever is less. The entire area under the weather protection shall be unobstructed by structural elements such as columns.

e. The lower edge of the overhead protection shall be a minimum of eight feet and a maximum of twelve feet above the sidewalk.

6. Day Care Facilities (Children and Adult).

a. Day care facilities provide a safe and supportive environment for a wide range of educational, social and health related services for both children and adults. Encouraging the integration of these facilities into mixed use developments allows these services to be near both homes and workplaces helping caregivers better manage quality time at both work and home. The location of these facilities near employment centers and residential neighborhoods can also contribute to reducing automobile congestion, air pollution, and enhance the ability to blend civic, volunteer and work interests into sustainable communities. (Ord. 5120 § 2, 2023; Ord. 4312 § 7, 2006; Ord. 3631 § 4, 1995)