Subject to development regulations as set forth hereinafter,
the uses noted below shall be permitted uses and shall be developed
in accordance with the criteria noted herein:
A. Retail commercial buildings shall be in accordance with the following
maximum requirements on the commercially developed portion of the
tract as defined herein:
(1)
A maximum of one such retail building shall have a maximum gross
floor area of 49,000 square feet.
(2)
A maximum of one such retail building shall have a maximum gross
floor area of 40,000 square feet, which shall be permanently divided
into two tenant spaces of not more than 20,000 square feet of floor
area each.
(3)
A maximum of one such retail building shall have a maximum gross
floor area of 28,800 square feet.
(4)
A maximum of one such retail building shall have a maximum gross
floor area of 32,160 square feet, which building shall contain not
less than three tenant spaces with no single tenant occupying more
than 20,000 square feet of floor area.
(5)
A maximum of one such retail building shall have a maximum gross
floor area of 3,550 square feet.
B. Banks, with or without a drive-through window.
C. Multiple uses, limited to any combination of the uses above, in one
or multiple buildings.
D. Public open space and recreation uses.
Any use not expressly described above is prohibited.
Permitted accessory uses shall include accessory uses that are
customary and incidental to the permitted uses in the RC District,
including but not limited to:
B. Fences and walls, subject to the dimensional requirements herein
or related regulations.
A restaurant is a conditional use with the following conditional
use requirements:
A. Adequate parking be demonstrated, which shall be reviewed and approved
by the Planning Board.
B. No drive-through is permitted.
The following bulk regulations shall apply to the RC District:
A. Definitions. For purposes of this section, the word "tract" shall
be synonymous with the district itself.
B. Minimum tract size: 25 acres.
C. Minimum open space lot dedication. As a component of the settlement
agreement noted herein and to promote the purposes of the RC Zone
District, the northerly area of the tract contiguous to the R-3 Residential
Zone District and portions of the westerly frontage of the tract along
Intervale Road shall be subdivided and contained within a separate
lot dedicated as a lot for public recreation and open space use (simultaneous
application shall be made with the submission for site plan approval
of the commercial portions of the zone district as noted herein).
Such open space lot shall have the following minimum area and dimensions:
(1)
A minimum lot area of 10.63 acres.
(2)
Shall have a minimum dimension measured perpendicular from the
contiguous R-3 District located along the common boundary of the tract
of 425 feet.
(3)
Such lot shall have a minimum measurement perpendicular from
Intervale Road of 108 feet except wherein the lot line for the open
space dedication connects to the point of curvature of the right-of-way
line of Intervale Road at the intersection with United States Route
46 along the tract boundary line.
(4)
No structures, subsurface or above grade, are permitted on such open space lot except permanent grading and drainage swale permitted pursuant to Subsection
C(5) below.
(5)
A permanent grading and drainage easement may be established
along the common lot line of the open space lot for the benefit of
the retail and commercial sublot.
(6)
Minimum lot frontage on Intervale Road: 200 feet.
D. Minimum tract frontage on United States Route 46: 400 feet.
E. Minimum buffer and setback requirements shall be as follows:
(1)
No building shall be located within 50 feet of the right-of-way
of Waterview Boulevard, Route 46 and Route 46 jug handle.
(2)
Parking, access drives, freestanding signs and retaining walls
are permitted to be located within the required building (buffer)
setbacks. However, such parking and drives shall not be located closer
than 25 feet to the right-of-way line of Waterview Boulevard, Route
46, or Route 46 jug handle. Proposed freestanding signs and proposed
retaining walls shall not be located closer than 20 feet to the right-of-way
line of Waterview Boulevard, Route 46 or Route 46 jug handle.
(3)
No parking or access drive shall be permitted to be located
closer than 144 feet to the Intervale Road right-of-way (ROW) line
up to the southernmost terminus of the tract lot line of the Intervale
Road ROW near United States Route 46 with a surveyed bearing of South
09 degrees 42 minutes and 20 seconds East and a length of 60.72 feet
(of Block 421, Lot 29).
(4)
The minimum buffer requirement from lot lines within the tract
are as follows:
(a)
No building on the commercial nonresidential lot created by
subdivision within the tract shall be located within 40 feet of the
common lot line of the dedicated open space lot noted herein.
(b)
Parking, drive aisles, loading areas and/or roadway are permitted
to be located within such buffer. However, any proposed paved areas
for vehicular traffic shall be set back a minimum of five feet from
the lot lines within the tract as well as tract boundary with the
exception where site access driveways connect to adjoining streets.
Retaining walls are also permitted in such buffers although they shall
be set back a minimum of 10 feet from the dedicated open space lot
noted herein. Such retaining walls shall also be set back four feet
from internal roadways and parking areas and would not be required
to be terraced.
F. Commercial bulk, yard and setback requirements.
(1)
Minimum lot area: 15 acres.
(2)
Maximum percentage of coverage by buildings on a commercially
developed lot of the tract shall not exceed 25% of the lot on which
commercial development is located.
(3)
Maximum percentage of tract impervious coverage on a commercially
developed lot of the tract shall not exceed 80% of the lot on which
commercial development is located.
(4)
Commercial building setbacks. No building shall be located within
50 feet of Waterview Boulevard and 50 feet from Route 46. No building
shall be located within 185 feet from the tract boundary at the Intervale
Road right-of-way beginning from the point of curvature of the right-of-way
line of Intervale Road at the intersection with Route 46 and continuing
for the length of Intervale Road adjacent to the RC Zone District.
No building shall be located within 500 feet of the lot line that
coincides with the R-3 Zone boundary. No building shall be within
40 feet of a side or rear lot line of the commercial lot referenced
herein.
(5)
Maximum floor area ratio (commercial). Gross floor area for
all retail and related uses, such as banks and restaurants, shall
not exceed 0.23 on a lot or sublot on which commercial development
is permitted in accordance with the RC Zone District.
(6)
Maximum building height (nonresidential): 40 feet and two stories.
Loading requirements for developments within the RC District shall be as specified in §
430-340C of this article. Required off-street parking requirements shall be as specified in Article
XXXVII except that the following uses in the RC District are subject to the following requirements:
A. Permitted retail commercial uses, except as specifically outlined
in this section: one space per 250 square feet of gross floor area.
B. Grocery store, food market and supermarkets: one space per 200 square
feet of gross floor area.
C. Banks: one space per 200 square feet of gross floor area.
D. Restaurants: one space per three seats or one space per 75 square
feet of patron area, whichever is greater.
Signs shall be as specified in Article
XXXVIII, except that the following sign requirements shall be applied to the RC District as follows:
A. Commercial development. Commercial retail and related development
shall be subject to the following signage regulations:
(1)
Freestanding signs. One freestanding sign per street frontage
entrance to identify the retail development and its occupants, not
to exceed 150 square feet. The maximum sign height should not exceed
20 feet, and the sign setback should be at least 15 feet or the sign
height, whichever is greater.
(2)
Building signs.
(a)
No sign shall exceed the lesser of 1.5 square feet in area for
each one foot of linear width of the front facade on which the sign
is to be located or 150 square feet.
(b)
All signs shall be placed on the front facade of the building
adjacent to the front yard and shall have a coordinated theme as to
height and building placement.
(c)
Such signs shall advertise only such business as is conducted
on the premises.
(d)
Such signs shall not project more than 18 inches from the building
facade to which they are attached; provided, however, that where a
sign extends more than three inches from the face of the wall, the
bottom edge of the sign shall not be less than 10 feet from the ground
or have a vertical dimension in excess of five feet.
(e)
No building sign shall be higher than 25 feet from the ground.
(f)
Such signs may be internally lighted with nonglaring lights
or may be illuminated by shielded floodlights and must be on and designed
to be visible from the principal access frontage.
(g)
One additional identifying sign shall be permitted for a business
which fronts on two or more streets; provided that the total permitted
sign area is not increased.
All regulations and standards of this chapter and Chapter
225 (Land Use, Subdivisions, and Site Plan) shall apply and remain in full force and effect, including but not limited to standards, including, but not limited to, access; circulation; parking; loading; refuse; stormwater management; utilities; landscaping; lighting; performance standards and site improvements; however, wherever there is a conflict, this article shall apply.