23.8 Property Development Standards for Nonresidential Districts

Section 23.8 Property Development Standards for Nonresidential Districts

Alternative development standards in Section 27.10.B.3 (environmentally sensitive lands) may be applied at the request of the property owner upon satisfaction of applicable ESL review criteria.

((O)11-01 , 02/16/11)

a. Commercial uses shall be no greater than five thousand (5,000) square feet of gross floor area per individual business, except that drug stores, grocery stores and hardware stores shall be no greater than nine thousand (9,000) square feet.

b. Expansions of commercial uses beyond these floor area limits may be allowed with a conditional use permit.

c. The aforementioned square footage limits do not apply to buildings used for residential, public, institutional, civic, office, and senior care purposes.

d. Residential units may comprise no more than fifty percent (50%) of the total gross floor area of the development nor occupy more than fifty percent (50%) of the site by area.

e. The minimum gross land area per residential dwelling unit shall be three thousand five hundred (3,500) square feet.

a. If a contiguous residential district has a more restrictive height standard, all buildings within eighty-five (85) feet of the property line of contiguous R-1 single-family residentially zoned property shall conform to that more restrictive standard of the contiguous zone.

b. Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

a. The design of the site shall include a landscaped courtyard(s) or pedestrian mall with buildings enclosing the courtyard and opening onto the courtyard from at least two (2) sides.

b. The courtyard or mall should contain all or a portion of the required public art.

c. The courtyard(s) or pedestrian mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of any required open space.

d. The courtyard or pedestrian mall shall contain shaded seating areas for employees and patrons, and may include benches or seat walls, planters with specimen landscape trees, and potted plants to provide shade and visual interest.

Front: twenty (20) feet or where adjacent to a residential district, the front setback regulations of the residential district shall apply; whichever is greater.

i. Fifty (50) feet or 3:1 (setback to building height) where the lot abuts a property used or intended for residential purposes, whichever is greater.

ii. Twenty-five (25) feet where the lot abuts a multi-family residential or nonresidential district.

a. Service and delivery operations are allowed only between 6:00 a.m. and 9:00 p.m., Monday through Saturday and 7:00 a.m. to 7:00 p.m. on Sundays. These hours must be posted in all service and delivery areas. Hours may be extended with a Conditional Use Permit.

b. Outdoor speakers are prohibited. Outdoor entertainment shall be limited to 9:00 a.m. to 10:00 p.m., seven (7) days a week.

a. Where feasible, buildings shall be placed to the front of the property to visually reinforce the streetscape and promote a human-scale, pedestrian and bicycle friendly design.

b. Buildings may only be set back beyond the setback line as necessary to accommodate shop entrances, arcades, plazas, sidewalk dining areas, or other approved amenities, parking areas, or landscaping.

c. Parking in front of buildings is limited to fifteen percent (15%) of the total required off-street parking spaces.

d. Well-defined pedestrian sidewalks, bicycle lanes, or shared-use paths shall connect to existing walks, lanes, or paths to adjacent developments.

a. A minimum of eighty-five percent (85%) of the required parking shall be placed behind or to the side of buildings.

b. Parking placed in front of the buildings shall be accessed from a single access lane or may be provided on-street in front of the building, subject to approval by the Engineering Division.

c. Parking design shall minimize noise and light pollution impacts to adjacent residential properties.

a. Residential uses, which include condominiums, townhomes, and apartments, shall be physically and functionally integrated with commercial uses by utilizing one (1) or more of the following design strategies:

ii. Nonresidential uses shall provide pedestrian paths linking them with multi-family residential uses on the property.

b. A shared or private outdoor living area of at least one hundred fifty (150) square feet shall be provided for each residential unit. Covered porches and patios may be provided to satisfy this requirement.

c. Private outdoor living areas shall be screened from parking areas and adjacent uses with an architecturally compatible opaque fence or wall with a minimum height of five (5) feet.

d. Underground parking or first floor garages are encouraged. For each two (2) square feet of underground or first floor garage, one (1) square foot of additional floor area is permitted.

The development shall reflect the architectural themes and colors of adjacent residential developments utilizing materials appropriate for commercial construction. The architecture shall comply with all design standards and guidelines.

((O)20-06 , 07/15/20; (O)15-16 , 11/08/15; (O)11-02 , 02/02/11)

a. Uses shall be no greater than sixty thousand (60,000) square feet of gross floor area per individual business.

b. Expansions of uses beyond sixty thousand (60,000) square feet of gross floor area per individual business may be allowed with a conditional use permit.

Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

C-N standards apply.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

C-N standards apply.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

No building shall exceed one (1) story and the exterior height shall not exceed twenty-four (24) feet. The following increased building heights are subject to Planning and Zoning Commission approval:

a. Architectural elements, such as bell towers, may exceed this limitation by no more than ten (10) feet. The number of steeples, spires, towers or campaniles or similar structures is limited to one (1) unless otherwise approved by the Planning and Zoning Commission.

b. Auditoriums up to forty-five (45) feet.

c. Gymnasiums up to thirty-six (36) feet.

i. Fifty (50) feet from any abutting residential district, R1-36, R1-43, R1-144, R-4, R-S or R-6.

ii. Twenty (20) feet from any abutting commercial district, T-P, C-1, C-2, C-N or other PS properties.

If the PS parcel is abutted by an R-1 District, the setback requirements of that abutting district shall apply to the PS residence. If the property abuts other than an R-1 District, the setbacks outlined in Section 23.6.C (R1-144 District) shall apply.

c. All recreational facilities and related apparatus shall be a minimum of one hundred (100) feet from all property lines. When adjacent to preserved open space or a recreational use, the Town Council may reduce the setback to ten (10) feet.

((O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11; (O)07-33, 09/19/07)

a. Architectural design features such as cornices, lintels, caps, parapets or other similar elements to vary the roof line or screen mechanical equipment may exceed this limitation by no more than ten (10) feet.

a. Ancillary uses may only be sited within a master planned development.

b. Ancillary uses shall be no greater than thirty percent (30%) of gross floor area per individual business, except that expansions may be allowed with a conditional use permit.

c. The gross floor area of ancillary uses, not contained within a primary use facility, is limited to no more than twenty percent (20%) of the total gross floor area of the development.

a. A portion of the development shall be oriented towards a landscaped courtyard or mall with seating areas and all or a portion of the required public art.

b. The courtyard or mall shall be a minimum of two percent (2%) of the net lot area of the site in square feet, which shall be considered to be part of the required open space.

c. The courtyard/mall requirement may be waived or reduced by Town Council based on a suitable alternative design solution.

Twenty (20) feet or where adjacent to a residential district, the front setback regulations of the residential district shall apply, whichever is greater.

i. Fifty (50) feet or 3:1 (setback to building height) where the lot abuts a property used or intended for residential purposes, whichever is greater.

ii. Twenty-five (25) feet where the lot abuts a multi-family residential or nonresidential district.

((O)20-06 , 07/15/20; (O)17-05 , 06/07/17; (O)11-15 , 05/18/11; (O)11-01 , 02/16/11)

The aggregate area of the building(s) shall not occupy more than fifteen percent (15%) of the lot, excluding parking areas.

No building shall exceed one (1) story and the exterior height shall not exceed twenty-five (25) feet. The following increased building heights are subject to DRB approval.

a. Gymnasiums up to thirty-six (36) feet.

b. Community center auditoriums up to forty-five (45) feet.

All recreational facilities (excluding trails, par courses, bikeways and similar amenities) and related apparatus shall be a minimum of fifty (50) feet from all property lines. When adjacent to preserved open space, the Town Council may reduce the setback to ten (10) feet.