[Added 8-9-2016 by Ord. No. 1285]
A. 
Purpose.
(1) 
The Community Business District is intended to reinforce the viability of an area that has historically served as the Borough's economic engine and primary gathering place. The regulations included in this section are designed to ensure that future development and redevelopment advance principles of urban design and downtown revitalization to create conditions that foster retail prosperity and attract pedestrian activity.
(2) 
Specific goals include:
(a) 
Concentrating and strengthening retail uses to build a more economically resilient commercial corridor.
(b) 
Preventing blight caused by incompatible and insensitive development.
(c) 
Promoting design that is consistent with desirable and unique physical features within the existing context.
(d) 
Increasing the appeal of the district as a safe, walkable destination.
(e) 
Protecting and enhancing the livability of the Borough through harmonious, orderly growth and redevelopment.
B. 
Boundaries. The CBD shall consist of the area delineated on the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map, as amended, is on file in the Borough offices.
C. 
Permitted uses.
(1) 
The following principal uses shall be permitted by right in the CBD:
(a) 
Apartments (second story and above only).
(b) 
Artisan/maker space.
(c) 
Essential services.
(d) 
Indoor recreational facilities.
(e) 
Offices:
[1] 
Business.
[2] 
Clinical.
[3] 
Professional.
(f) 
Retail: neighborhood goods and services:
[1] 
Bakery.
[2] 
Bank.
[3] 
Business service establishment.
[4] 
Butcher shop.
[5] 
Convenience store (without fuel pumps).
[6] 
Dry cleaner.
[7] 
Farmer's market or fruit/vegetable stand.
[8] 
Florist.
[9] 
Grocery store.
[10] 
Laundromat.
[11] 
Personal service establishment.
[12] 
Pet grooming.
[13] 
Pharmacy.
[14] 
Tailor or shoe repair.
(g) 
Retail: food and beverage:
[1] 
Brewpub.
[2] 
Cafe or coffee shop.
[3] 
Delicatessen.
[4] 
Ice cream shop.
[5] 
Micro-alcohol production.
[6] 
Restaurant (sit-down).
[7] 
Restaurant (take-away) (no drive-through).
(h) 
Retail: general merchandise and apparel:
[1] 
Art, craft or antique gallery or shop.
[2] 
Clothing and/or jewelry store.
[3] 
Electronics store.
[4] 
Furniture and/or home decor store.
[5] 
General merchandise retail.
[6] 
Hardware and/or home improvement store.
[7] 
Pet supply store.
[8] 
Sporting goods store.
(2) 
The following accessory uses shall be permitted by right in the CBD:
(a) 
Uses and buildings customarily incidental and appurtenant to principal permitted uses.
(b) 
No-impact home-based business.
(NOTE: Supplemental regulations for both brewpubs and micro-alcohol production:
• The facility must include a retail, eating, drinking and/or tasting component that occupies a minimum of 20% of usable space, fronts the street at the sidewalk level and is open to the public.
• The facility shall comply with all applicable state requirements.
• The facility shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area.)
D. 
Dimensional requirements.
(1) 
Height.
(a) 
Building heights and floor-to-floor heights shall respect the scale and context of existing structures within the same street block.
(b) 
Buildings of two to three stories in height are encouraged. In no case shall the building height be greater than 35 feet or greater than two stories higher than neighboring buildings.
(c) 
Accessory structures shall not exceed 24 feet in height.
(2) 
Lot size and coverage.
(a) 
Maximum lot coverage: none.
(b) 
Minimum lot width: 20 feet.
(c) 
Setbacks:
[1] 
Front: The primary facade of the building shall be set at the property line of a public thoroughfare, except where:
[a] 
Ground-floor building entrances may be set back up to five feet from the property line. Windows and walls may be recessed up to 18 inches to accommodate architectural elements.
[2] 
Side: none. Buildings erected on corner lots that border on Merchant Street shall extend to the inside boundary of the sidewalk at the right-of-way line. Buildings erected on noncorner lots along Merchant Street shall extend to the inside boundary of the side-yard property line.
[3] 
Rear: 25 feet.
(d) 
No more than 15% of the total lot area shall be covered by an accessory structure. Accessory structures shall be located at least two feet from property lines and at least five feet from any adjoining building.
(3) 
Use allocation.
(a) 
No use at street level shall exceed 4,500 square feet in gross floor area.
(b) 
Existing uses, whether conforming or nonconforming, that exceed the use allocation standard herein established shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
(c) 
Future conforming uses of individual buildings in excess of the use allocation standard at the time of the passage of this article shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
E. 
Parking and service area requirements.
(1) 
Buildings erected on lots that border Merchant Street within the CBD shall not be permitted to have curb cuts fronting Merchant Street. The only exceptions would involve compliance requirements with local, state or federal laws, such as compliance with the Americans with Disabilities Act.
(2) 
Minimum off-street parking requirements for nonresidential uses are specified in § 310-138, Parking minimums.
(3) 
Residential uses shall provide one off-street space per dwelling unit. Parking may be provided off site with proof of lease.
(4) 
If off-street parking is provided, it shall be located on private property to the rear of any principal building. If the property abuts an alley, the parking area shall take access from the alley. If the property has more than one street frontage, "to the rear" shall mean on the opposite side of the building from the front door or the main public door entrance to the building.
(5) 
Where opportunities exist to negotiate the shared use of parking spaces without conflict, the Zoning Administrator may agree to reduce the number of off-street spaces required. In doing so, the Administrator shall ensure that:
(a) 
All of the required number of spaces are within 1,000 feet, measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route.
(b) 
A contract is signed between the applicant and the other property owner(s) providing off-street parking spaces subject to the shared parking agreement.
(6) 
Service areas must be located to the rear of the building.
(7) 
Any outdoor refuse area shall be located to the rear of the building and entirely screened from view. All mechanical, electrical, communication and service equipment, including satellite dishes, air-conditioning units, large vents and large pipes, heat pumps and other appurtenances, shall be concealed by or integrated within the roof or screened from view at ground level by walls, fences, landscaping or other approved means.
(a) 
A continuous planting, hedge, fence, wall or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area, landscaping material of such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(8) 
Parking lots shall include safe provisions for pedestrian access to and through the lot, to include night lighting.
F. 
Design standards.
(1) 
Applicability. These standards apply to all new construction and all substantial improvement occurring within the CBD. "Substantial improvement" refers to any repair, rehabilitation or improvement of a structure at a cost that equals or exceeds 50% of the market value of the structure either a) before the improvement is started, or b) if damaged, the value of the structure to be restored prior to damage.
(2) 
Building design.
(a) 
Facades.
[1] 
All primary building entrances shall have clearly defined, highly visible customer entrances with features such as canopies, porticos, arches, overhangs, etc.
[2] 
Blank facades shall not be permitted along any exterior wall facing a main public thoroughfare where such a wall abuts a public sidewalk.
[3] 
Facades wider than 25 feet shall incorporate recesses, projections, windows or other architectural design elements at appropriate locations along the length of the building to add visual diversity and interest.
(b) 
Windows.
[1] 
At least 40% of the ground-level front facade and at least 30% of the facade above ground level shall consist of windows, glass doors, or other transparent building surfaces. Display windows are encouraged on at least 75% of the ground-floor frontage.
[2] 
Upper-story windows of front facades shall not be boarded or covered. Upper-story windows are encouraged to be smaller than ground-floor windows. Lintels, sills and/or trim shall be used to accent upper-story windows.
[3] 
Display windows shall begin between 24 inches to 36 inches above ground level and shall end between 78 inches and 108 inches above ground level.
[4] 
Reflective, black glass or glass tinted more than 40% in windows and doors is prohibited on the ground-floor facade.
(c) 
Materials and colors.
[1] 
The use of brick is encouraged. The use of stone and pre-cast concrete for lintels, sills and accents is encouraged. Buildings shall not incorporate corrugated fiberglass or metal panels or plain concrete masonry.
[2] 
Colors shall be selected to complement one another and the existing context of adjacent buildings. Traditional earth tones and historically accurate colors are encouraged. Bold colors shall be reserved only for accents, signs, awnings and trim.
(d) 
Awnings.
[1] 
Awnings are encouraged to add visual interest and shelter along the streetscape.
[2] 
Awnings must be constructed of durable, protective and water-repellant materials, such as canvas or vinyl, or architectural materials intended to complement the design of the building. Plastic or fiberglass awnings are prohibited.
[3] 
The minimum height from ground level to the lowermost portion shall be eight feet.
[4] 
The maximum horizontal projection shall be no closer than two feet from the back of the curb. Such awning may project over a public sidewalk only and shall not extend over any other portion of any public right-of-way.
(e) 
Marquees.
[1] 
Marquee structures shall be located only above the principal public entrance of a theater facing a public street or parking lot.
[2] 
No marquee shall be wider than the entrance it serves, plus two feet on each side thereof.
[3] 
No marquee shall extend closer to the curb than three feet.
(f) 
Franchise architecture.
[1] 
"Branded" building design that is trademarked or identified with a particular chain or corporation is discouraged.
[2] 
Large logos and/or proprietary colors used over large expanses of buildings are discouraged.
G. 
Lighting.
(1) 
Lighting requirements.
(a) 
Building lighting must be indirect with the light sources hidden from direct pedestrian and motorist view. It shall not include neon lighting or colored bulbs.
(b) 
All permanent exterior lighting shall be designed to prevent glare onto adjacent properties and shall be directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so that light is confined within lot boundaries; installed so that lights do not blink, flash or represent unusually high intensity or brightness; appropriate in height, intensity and scale to the uses and the site it is serving; and installed in conformance with the provisions of this section, the Building Code and the Electrical Code.
H. 
Landscaping.
(1) 
Landscaping requirements.
(a) 
Landscaping shall be provided on any portion of the site that is not developed for buildings or parking.
(b) 
All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within four weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within two weeks of April 1.
(c) 
New planting materials shall be chosen to prevent soil erosion and subsequent sedimentation, and shall be disease-free and suitable for the local climate and the character of the district. All new planting materials shall be healthy nursery stock.
(d) 
All landscaping required by this article shall be perpetually maintained by the property owner. Any landscaping that dies, is removed or is severely damaged shall be replaced by the current property owner on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
I. 
Signs. See Article XVII, Commercial District Signs.
J. 
Submission. For all buildings within the CBD along Merchant Street to be erected, expanded, remodeled or otherwise improved, the site plan shall include the following information:
(1) 
Drawing, elevations, perspective and related design criteria pertaining to structures, landscaping and facade treatments; and
(2) 
A statement and supporting documentation that addresses compatibility with the character of the district, consistency with National Main Street program criteria and coordination with applicable ongoing facade and related business enhancement endeavors.
A. 
Purpose. The Midtown District is intended to create an appropriate transition of intensity and uses between the Community Business District and the Old Economy Village Historic District. The regulations included in this section accommodate variety in architectural bulk, design and lot coverage, providing the flexibility to mix in modern, more vehicle-oriented uses among the Borough's traditional storefronts. It imposes less emphasis on uninterrupted ground-floor retail than the CBD but similarly promotes pedestrian activity, intending to encourage connections between and among the public assets and attractions located in this area.
B. 
Boundaries. The Midtown District shall consist of the area delineated on the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map, as amended, is on file in the Borough offices.
C. 
Permitted uses.
(1) 
The following principal uses shall be permitted by right in the Midtown District:
(a) 
Apartments (second story and above only).
(b) 
Artisan/maker space.
(c) 
Essential services.
(d) 
Gathering places.
[1] 
Civic/public facility.
[2] 
Fraternal lodge or club.
[3] 
Place of worship.
(e) 
Hotel.
(f) 
Indoor recreational facilities.
(g) 
Live/work units.
(h) 
Offices:
[1] 
Business.
[2] 
Clinical.
[3] 
Professional.
(i) 
Retail: general merchandise and apparel:
[1] 
Clothing and/or jewelry store.
[2] 
Electronics store.
[3] 
Furniture and/or home decor store.
[4] 
General merchandise retail.
[5] 
Hardware and/or home improvement store.
[6] 
Pet supply store.
[7] 
Sporting goods store.
(j) 
Retail: neighborhood goods and services:
[1] 
Bank.
[2] 
Business service establishment.
[3] 
Child day care.
(k) 
Retail: food and beverage:
[1] 
Restaurant (sit-down) (limited scale only: maximum 4,400 square feet gross floor area).
[2] 
Restaurant (take-away) (no drive-through).
(2) 
The following accessory uses shall be permitted by right in the Midtown District:
(a) 
Uses and buildings customarily incidental and appurtenant to principal permitted uses.
(b) 
No-impact home-based business.
(c) 
Home occupation.
(3) 
The following principal uses shall be conditionally permitted in the Midtown District:
(a) 
Commercial and private parking facilities to serve uses along Merchant Street.
D. 
Dimensional requirements.
(1) 
Height.
(a) 
Buildings of two to three stories in height are encouraged. In no case shall the building height be greater than 35 feet or greater than two stories higher than neighboring buildings.
(b) 
Accessory structures shall not exceed 24 feet in height.
(2) 
Lot size and coverage.
(a) 
Maximum lot coverage: none.
(b) 
Minimum lot width: 20 feet.
(c) 
Setbacks:
[1] 
Front: No minimum. The primary facade of the building is encouraged to be set at the property line of a public thoroughfare.
[2] 
Side: none.
[3] 
Rear: 25 feet.
(d) 
No more than 15% of the total lot area shall be covered by an accessory structure. Accessory structures shall be located at least two feet from property lines and at least five feet from any adjoining building.
(3) 
Use allocation.
(a) 
No use at street level shall exceed 11,000 square feet in gross floor area without conditional approval.
(b) 
Existing uses, whether conforming or nonconforming, that exceed the use allocation standard herein established shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
(c) 
Future conforming uses of individual buildings in excess of the use allocation standard at the time of the passage of this article shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
E. 
Parking and service area requirements.
(1) 
Buildings erected on lots that border Merchant Street within the Midtown District shall not be permitted to have curb cuts fronting Merchant Street. The only exceptions would involve compliance requirements with local, state or federal laws, such as compliance with the Americans with Disabilities Act.
(2) 
Minimum off-street parking requirements for nonresidential uses are specified in § 310-138, Parking minimums.
(3) 
Residential uses shall provide one off-street space per dwelling unit. Parking may be provided off site with proof of lease.
(4) 
Where opportunities exist to negotiate the shared use of parking spaces without conflict, the Zoning Administrator may agree to reduce the number of off-street spaces required. In doing so, the Administrator shall ensure that:
(a) 
All of the required number of spaces are within 1,000 feet, measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route.
(b) 
That a contract is signed between the applicant and the other property owner(s) providing off-street parking spaces subject to the shared parking agreement.
(5) 
Service areas must be located to the rear of the building.
(6) 
Any outdoor refuse area shall be located to the rear of the building and entirely screened from view. All mechanical, electrical, communication and service equipment, including satellite dishes, air-conditioning units, large vents and large pipes, heat pumps and other appurtenances, shall be concealed by or integrated within the roof or screened from view at ground level by parapets, walls, fences, landscaping or other approved means.
(a) 
A continuous planting, hedge, fence, wall or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area, landscaping material of such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(7) 
Parking lots shall include safe provisions for pedestrian access to and through the lot, to include night lighting.
F. 
Design standards.
(1) 
Applicability. These standards apply to all new construction and all substantial improvement occurring within the Midtown District. "Substantial improvement" refers to any repair, rehabilitation or improvement of a structure at a cost that equals or exceeds 50% of the market value of the structure either a) before the improvement is started, or b) if damaged, the value of the structure to be restored prior to damage.
(2) 
Building design.
(a) 
Facades.
[1] 
All primary building entrances shall have clearly defined, highly visible customer entrances with features such as canopies, porticos, arches, overhangs, etc.
[2] 
Blank facades shall not be permitted along any exterior wall facing a main public thoroughfare where such a wall abuts a public sidewalk.
[3] 
Facades wider than 25 feet shall incorporate recesses, projections, windows or other architectural design elements at appropriate locations along the length of the building to add visual diversity and interest.
(b) 
Windows.
[1] 
At least 40% of the ground-level front facade and at least 30% of the facade above ground level shall consist of windows, glass doors, or other transparent building surfaces. Display windows are encouraged on at least 75% of the ground-floor frontage.
[2] 
Upper-story windows of front facades shall not be boarded or covered. Upper-story windows are encouraged to be smaller than ground-floor windows. Lintels, sills and/or trim shall be used to accent upper-story windows.
[3] 
Display windows shall begin between 24 inches and 36 inches above ground level and shall end between 78 inches and 108 inches above ground level.
[4] 
Reflective, black glass or glass tinted more than 40% in windows and doors is prohibited on the ground-floor facade.
(c) 
Materials and colors.
[1] 
The use of brick is encouraged. The use of stone and pre-cast concrete for lintels, sills and accents is encouraged. Buildings shall not incorporate corrugated fiberglass or metal panels or plain concrete masonry.
[2] 
Colors shall be selected to complement one another and the existing context of adjacent buildings. Traditional earth tones and historically accurate colors are encouraged. Bold colors shall be reserved only for accents, signs, awnings and trim.
(d) 
Awnings.
[1] 
Awnings are encouraged to add visual interest and shelter along the streetscape.
[2] 
Awnings must be constructed of durable, protective and water-repellant materials, such as canvas or vinyl, or architectural materials intended to complement the design of the building. Plastic or fiberglass awnings are prohibited.
[3] 
The minimum height from ground level to the lowermost portion shall be eight feet.
[4] 
The maximum horizontal projection shall be no closer than two feet from the back of the curb. Such awning may project over a public sidewalk only and shall not extend over any other portion of any public right-of-way.
G. 
Lighting.
(1) 
Lighting requirements.
(a) 
Building lighting must be indirect with the light sources hidden from direct pedestrian and motorist view. It shall not include neon lighting or colored bulbs.
(b) 
All permanent exterior lighting shall be designed to prevent glare onto adjacent properties and shall be directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so that light is confined within lot boundaries; installed so that lights do not blink, flash or represent unusually high intensity or brightness; appropriate in height, intensity and scale to the uses and the site they are serving; and installed in conformance with the provisions of this section, the Building Code and the Electrical Code.
H. 
Landscaping.
(1) 
Landscaping requirements.
(a) 
Landscaping shall be provided on any portion of the site that is not developed for buildings or parking.
(b) 
All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within four weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within two weeks of April 1.
(c) 
New planting materials shall be chosen to prevent soil erosion and subsequent sedimentation, and shall be disease-free and suitable for the local climate and the character of the district. All new planting materials shall be healthy nursery stock.
(d) 
All landscaping required by this article shall be perpetually maintained by the property owner. Any landscaping that dies, is removed or is severely damaged shall be replaced by the current property owner on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
I. 
Signs. See Article XVII, Commercial District Signs.
J. 
Submission. For all buildings within the MID along Merchant Street to be erected, expanded, remodeled or otherwise improved, the site plan shall include the following information:
(1) 
Drawing, elevations, perspective and related design criteria pertaining to structures, landscaping and facade treatments; and
(2) 
A statement and supporting documentation that addresses compatibility with the character of the district, consistency with National Main Street program criteria and coordination with applicable ongoing facade and related business enhancement endeavors.
A. 
Purpose. The Gateway South District is intended to forge a well-demarcated and attractive entrance to the Borough from Route 65. This area will provide a stable environment supportive of and complementary to the CBD.
B. 
Boundaries. The GWS District shall consist of the area delineated on the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map, as amended, is on file in the Borough offices.
C. 
Permitted uses.
(1) 
The following principal uses shall be permitted by right in the GWS District:
(a) 
Apartments.
(b) 
Artisan/maker spaces.
(c) 
Child day care.
(d) 
Educational and training facilities.
(e) 
Essential services.
(f) 
Gathering places:
[1] 
Civic/public facility.
[2] 
Fraternal lodge or club.
[3] 
Place of worship.
(g) 
Hotel.
(h) 
Indoor recreational facilities.
(i) 
Live/work units.
(j) 
Mixed-use structures.
(k) 
Offices:
[1] 
Business.
[2] 
Clinical.
[3] 
Professional.
(l) 
Retail: food and beverage:
[1] 
Micro-alcohol production.
[2] 
Restaurant (sit-down) (larger-scale only: minimum 4,400 square feet in gross floor area).
[3] 
Restaurant (take-out) (no drive-through).
(m) 
Retail: neighborhood goods and services:
[1] 
Farmer's market or fruit/vegetable stand.
(2) 
The following accessory uses shall be permitted by right in the GWS District:
(a) 
Uses and buildings customarily incidental and appurtenant to principal permitted uses.
(b) 
No-impact home-based business.
(c) 
Home occupation.
(3) 
The following principal uses shall be conditionally permitted in the GWS District:
(a) 
Commercial and private parking facilities to serve uses along Merchant Street.
(b) 
Conversion of existing nonresidential buildings to residential use.
D. 
Dimensional requirements.
(1) 
Height.
(a) 
Buildings of two to three stories in height are encouraged. In no case shall the building height be greater than 35 feet or, in the case of new buildings, greater than two stories higher than neighboring buildings.
(b) 
Accessory structures shall not exceed 24 feet in height.
(2) 
Lot size and coverage.
(a) 
Maximum lot coverage: none.
(b) 
Minimum lot width: 20 feet.
(c) 
Setbacks:
[1] 
Front: no minimum. The primary facade of the building is encouraged to be set at the property line of a public thoroughfare.
[2] 
Side: none.
[3] 
Rear: 25 feet.
(d) 
No more than 15% of the total lot area shall be covered by an accessory structure. Accessory structures shall be located at least two feet from property lines and at least five feet from any adjoining building.
(3) 
Use allocation.
(a) 
No use at street level shall exceed 6,800 square feet in gross floor area without conditional approval.
(b) 
Existing uses, whether conforming or nonconforming, that exceed the use allocation standard herein established shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
(c) 
Future conforming uses of individual buildings in excess of the use allocation standard at the time of the passage of this article shall be exempt, except that no such use shall be expanded or consolidated with another use to increase the degree of nonconformity.
E. 
Parking and service area requirements.
(1) 
Buildings erected on lots that border Merchant Street within the Gateway South District shall not be permitted to have curb cuts fronting Merchant Street. The only exceptions would involve compliance requirements with local, state or federal laws, such as compliance with the Americans with Disabilities Act.
(2) 
Minimum off-street parking requirements for nonresidential uses are specified in § 310-138, Parking minimums.
(3) 
Residential uses shall provide one off-street space per dwelling unit. Parking may be provided off site with proof of lease.
(4) 
Where opportunities exist to negotiate the shared use of parking spaces without conflict, the Zoning Administrator may agree to reduce the number of off-street spaces required. In doing so, the Administrator shall ensure that:
(a) 
All of the required number of spaces are within 1,000 feet, measured from the nearest corner of the parking facility to the entrance of the use served via the shortest pedestrian route.
(b) 
A contract is signed between the applicant and the other property owner(s) providing off-street parking spaces subject to the shared parking agreement.
(5) 
Service areas must be located to the rear of the building.
(6) 
Any outdoor refuse area shall be located to the rear of the building and entirely screened from view. All mechanical, electrical, communication and service equipment, including satellite dishes, air-conditioning units, large vents and large pipes, heat pumps and other appurtenances, shall be concealed by or integrated within the roof or screened from view at ground level by parapets, walls, fences, landscaping or other approved means.
(a) 
A continuous planting, hedge, fence, wall or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area, landscaping material of such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(7) 
Parking lots shall include safe provisions for pedestrian access to and through the lot, to include night lighting.
F. 
Design standards.
(1) 
Applicability. These standards apply to all new construction and all substantial improvement occurring within the GWS District. "Substantial improvement" refers to any repair, rehabilitation or improvement of a structure at a cost that equals or exceeds 50% of the market value of the structure either a) before the improvement is started, or b) if damaged, the value of the structure to be restored prior to damage.
(2) 
Building design.
(a) 
Facades.
[1] 
All primary building entrances shall have clearly defined, highly visible customer entrances with features such as canopies, porticos, arches, overhangs, etc.
[2] 
Blank facades shall not be permitted along any exterior wall facing a main public thoroughfare, where such a wall abuts a public sidewalk.
[3] 
Facades wider than 25 feet shall incorporate recesses, projections, windows or other architectural design elements at appropriate locations along the length of the building to add visual diversity and interest.
(b) 
Windows.
[1] 
At least 40% of the ground-level front facade and at least 30% of the facade above ground level shall consist of windows, glass doors, or other transparent building surfaces. Display windows are encouraged on at least 75% of the ground-floor frontage.
[2] 
Upper-story windows of front facades shall not be boarded or covered. Upper-story windows are encouraged to be smaller than ground-floor windows. Lintels, sills and/or trim shall be used to accent upper-story windows.
[3] 
Display windows shall begin between 24 inches and 36 inches above ground level and shall end between 78 inches and 108 inches above ground level.
[4] 
Reflective, black glass or glass tinted more than 40% in windows and doors is prohibited on the ground-floor facade.
(c) 
Materials and colors.
[1] 
The use of brick is encouraged. The use of stone and pre-cast concrete for lintels, sills and accents is encouraged. Buildings shall not incorporate corrugated fiberglass or metal panels or plain concrete masonry.
[2] 
Colors shall be selected to complement one another and the existing context of adjacent buildings. Traditional earth tones and historically accurate colors are encouraged. Bold colors shall be reserved only for accents, signs, awnings and trim.
(d) 
Awnings.
[1] 
Awnings are encouraged to add visual interest and shelter along the streetscape.
[2] 
Awnings must be constructed of durable, protective and water-repellant materials, such as canvas or vinyl, or architectural materials intended to complement the design of the building. Plastic or fiberglass awnings are prohibited.
[3] 
The minimum height from ground level to the lowermost portion shall be eight feet.
[4] 
The maximum horizontal projection shall be no closer than two feet from the back of the curb. Such awning may project over a public sidewalk only and shall not extend over any other portion of any public right-of-way.
G. 
Lighting.
(1) 
Lighting requirements.
(a) 
Building lighting must be indirect with the light sources hidden from direct pedestrian and motorist view. It shall not include neon lighting or colored bulbs.
(b) 
All permanent exterior lighting shall be designed to prevent glare onto adjacent properties and shall be directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so that light is confined within lot boundaries; installed so that lights do not blink, flash or represent unusually high intensity or brightness; appropriate in height, intensity and scale to the uses and the site they are serving; and installed in conformance with the provisions of this section, the Building Code and the Electrical Code.
H. 
Landscaping.
(1) 
Landscaping requirements.
(a) 
Landscaping shall be provided on any portion of the site that is not developed for buildings or parking.
(b) 
All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within four weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within two weeks of April 1.
(c) 
New planting materials shall be chosen to prevent soil erosion and subsequent sedimentation, and shall be disease-free and suitable for the local climate and the character of the district. All new planting materials shall be healthy nursery stock.
(d) 
All landscaping required by this article shall be perpetually maintained by the property owner. Any landscaping that dies, is removed or is severely damaged shall be replaced by the current property owner on a one-to-one basis, as soon as is practical considering growing seasons, within a maximum of 150 days.
I. 
Signs. See Article XVII, Commercial District Signs.
J. 
Submission. For all buildings within the GWS District along Merchant Street to be erected, expanded, remodeled or otherwise improved, the site plan shall include the following information:
(1) 
Drawing, elevations, perspective and related design criteria pertaining to structures, landscaping and facade treatments; and
(2) 
A statement and supporting documentation that addresses compatibility with the character of the district, consistency with National Main Street program criteria and coordination with applicable ongoing facade and related business enhancement endeavors.
A. 
Minimum off-street parking requirements for nonresidential uses.
(1) 
The following numbers of off-street parking spaces are required for specified uses in the Community Business District (CBD), Midtown District (MID) and Gateway South District (GWS).
(2) 
Fractional spaces for each use shall be rounded up to the next whole number.
(3) 
Exceptions: The Zoning Administrator may reduce the number of spaces for all uses based on all of the following circumstances:
(a) 
Uses proposed within a building or addition having a physical hardship in supplying the parking spaces normally required.
(b) 
No additional off-street parking can reasonably be provided on-site.
(c) 
Sufficient parking is provided within 300 feet of the project site.
(d) 
The facility is at least partially pedestrian-oriented.
(4) 
For uses not listed here or for mixed uses, the Zoning Administrator shall determine the number of spaces required based on the similarity and parking demand of listed uses.
Type of Use
Number of Off-Street Spaces Required
Artisan/maker space
In CBD: None. In MID and GWS: 1 space per 2,000 sq. ft. gross floor area; maximum 1 space per 500 sq. ft. gross floor area
Educational and training facilities
1 space per 500 sq. ft. gross floor area; maximum 1 space per 100 sq. ft. gross floor area
Hotel
1 space per 2 guestrooms, plus parking for any additional services (conference center, restaurant, etc.)
Indoor recreational facilities
In CBD: None. In MID and GWS: 1 space per 10 fixed seats for auditorium-style facilities; 1 space per 300 sq. ft. gross floor area for athletic clubs or fitness studios; 1 space per 500 sq. ft. gross floor area for all other types
Gathering places
Civic/public facility
1 space per 5 occupants (based on building occupant load)
Fraternal lodge or club
Place of worship
Offices
Business
In CBD: No minimum; maximum 2 spaces per 1,000 sq. ft. gross floor area. In MID and GWS: 1 space per 500 sq. ft. gross floor area; maximum 1 space per 250 sq. ft. gross floor area
Clinical
Professional
Retail: neighborhood goods and services
Bakery
In CBD: None. In MID and GWS: Child day care requires 1 space per 12 children. Other uses: 1 space per 500 sq. ft. gross floor area; maximum 1 space per 250 sq. ft. gross floor area
Bank
Business service establishment
Butcher shop
Child day care
Convenience store (without fuel pumps)
Dry cleaner
Farmer's market or fruit/vegetable stand
Florist
Grocery store
Laundromat
Personal service establishment
Pet grooming
Pharmacy
Tailor or shoe repair
Retail: Food and beverage
Brewpub
In CBD: None.
Cafe or coffee shop
None
Delicatessen
Ice cream shop
Micro-alcohol production
1 space per 2,000 sq. ft. gross floor area
Restaurant (sit-down)
In CBD: None. In MID and GWS: 1 space per 500 sq. ft. gross floor area
Restaurant (take-away) (no drive-through)
In CBD: None. In MID and GWS: 1 space per 1,000 sq. ft. gross floor area
Retail: General merchandise and apparel
Art, craft or antique gallery or shop
In CBD: None. In MID and GWS: 1 space per 500 sq. ft. gross floor area; maximum 1 space per 100 sq. ft. gross floor area
Clothing and/or jewelry store
Electronics store
Furniture and/or home decor store
General merchandise retail
Hardware and/or home improvement store
Pet supply store
Sporting goods store