[Added 1-12-2004 by Ord. No. 710]
A. 
It is the purpose of this zone to provide a method for the orderly development of commercial, office, and residential uses on properties located proximate to the intersection of two major streets located in the following zones: B Business, N-C Neighborhood Commercial, C-B Central Business, and/or D-B Downtown Business. The zone is intended to provide suitable sites for the development of integrated commercial, office, and residential facilities, while at the same time maintaining reasonable limitations upon their design, size, and operation. Said suitable sites are intended to allow for appropriate development in a convenient location without adversely affecting the physical development pattern of neighboring uses.
[Amended 2-11-2013 by Ord. No. 840]
B. 
The following objectives are sought in providing for the Mixed Use Infill Zone:
(1) 
To provide a more attractive and varied commercial, office, and residential environment than would be possible through the strict application of Euclidean zonal district requirements.
(2) 
To encourage developers to use a more creative approach in the development of land.
(3) 
To encourage the development and redevelopment of land located within or near the downtown area through the provision of integrated and compatible commercial, office, and residential uses.
[Amended 2-11-2013 by Ord. No. 840]
(4) 
To encourage combined trips for shopping and employment.
(5) 
To encourage pedestrian and bicycle trips.
(6) 
To foster the development and continuance of mixed uses with special development standards designed to protect residential use within and adjoining developments from any possible adverse effect from nonresidential uses.
C. 
The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require the granting of any application.
D. 
The following regulations shall apply in all Mixed Use Infill Zones.
[Amended 2-11-2013 by Ord. No. 840; 9-25-2017 by Ord. No. 869; 2-12-2018 by Ord. No. 886; 3-25-2024 by Ord. No. 2024-02; 2-10-2025 by Ord. No. 2024-09; 10-13-2025 by Ord. No. 2025-01]
A. 
No building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the uses listed in this Subsection A of this section and one or more of the uses listed in Subsection B of this section.
(1) 
Accessory uses and buildings customarily incidental to any permitted uses in this section.
(2) 
Antique/collectible shops and arts and craft shops.
(3) 
Art galleries/studios.
(4) 
Automobile accessory stores.
(5) 
Bakery shops.
(6) 
Banks and savings and loan institutions without drive-through service.
(7) 
Beauty parlors or barbershops.
(8) 
Bed-and-breakfast establishments.
(9) 
Bookstores.
(10) 
Candy stores.
(11) 
Clothing stores.
(12) 
Coffee houses.
(13) 
Custom printing and reproduction shops.
(14) 
Dairy product stores.
(15) 
Day-care facilities.
(16) 
Department stores of 25,000 square feet or less.
(17) 
Dress or millinery shops.
(18) 
Drugstores.
(19) 
Dry goods or variety shops.
(20) 
Florist or garden shops.
(21) 
Food and grocery stores containing 25,000 square feet or less.
(22) 
Furniture stores.
(23) 
Gift or jewelry shops.
(24) 
Hardware stores.
(25) 
Home occupations.
(26) 
Laundry or dry-cleaning establishments without drive-through service.
(27) 
Meat markets.
(28) 
Photographic studios and photographic supply stores.
(29) 
Physical fitness facilities.
(30) 
Public buildings, structures and properties.
(31) 
Radio and television repair shops.
(32) 
Restaurants and lunchrooms, without drive-through service.
(33) 
Dance or music studios.
(34) 
Shoe repair shops.
(35) 
Signs, with the exception of outdoor advertising signs, subject to the provisions of Article XVII.
(36) 
Specialty shops.
(37) 
Sporting goods or hobby shops.
(38) 
Stationery stores.
(39) 
Tailor establishments.
(40) 
Tattoo parlors.
(41) 
Taverns and nightclubs.
(42) 
Telecommunications installations, subject to the facility limitations in § 139-28.2A(3)(a) through (f) and the screening requirements for modern appurtenances in § 164-131.3.
(43) 
Theaters and private assembly halls.
(44) 
Upholstery shops.
(45) 
Video rental establishments, with the exception of adult entertainment.
(46) 
Appliance stores.
(47) 
Fruit and vegetable stores.
(48) 
Radio and television studios.
(49) 
Schools: business, dance, music, trade or others of a commercial nature.
(50) 
Sign-painting shops.
(51) 
Tobacconists.
(52) 
Vape shops.
B. 
In addition to at least one use listed in Subsection A of this section, at least one office or residential use conforming to the following requirements shall be required.
(1) 
Professional, business and medical offices are permitted.
(2) 
Residential uses permitted. Multifamily dwellings are permitted with a maximum density of 25 units per acre. The Planning Commission may approve an increase in density of no more than 20% of the maximum permitted density upon finding that such an increase is consistent with the goals of the Comprehensive Plan and that adequate public facilities exist to service the proposed development.
(3) 
Artist live/work space.
C. 
Uses listed in Subsection B of this section may occupy the street-level floor of any structure with the approval of the Planning and Zoning Commission.
D. 
The buying, selling or trading of firearms shall not be allowed under any of the uses permitted under this section.
E. 
Automated vending devices and automated teller machines shall not count towards the two-use minimum requirement in Subsection A of this section.
F. 
Uses reasonably related to the primary use, such as a rental office for on-site dwelling units, shall not count towards the two-use minimum requirement in Subsection A of this section.
A. 
The following uses may be permitted as special exceptions in accordance with the provisions of Article XXII.
(1) 
Banks and savings and loan institutions with drive-through service existing on or before July 1, 2003, provided the applicant proves the use will not adversely affect pedestrian travel.
(2) 
Department stores of greater than 25,000 square feet.
(3) 
Hotels.
(4) 
Microbreweries and pub breweries licensed under Article 2B of the Annotated Code of Maryland.
(5) 
Pet shops.
(6) 
Social clubs, fraternal organizations and community meeting halls.
(7) 
Visitor's centers.
A. 
Goods shall consist primarily of new or reconditioned merchandise or bona fide antiques.
B. 
Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke cinders gas, fumes, noise, vibration, refuse matter or water-carried waste or otherwise create a nuisance under the provisions of Chapter 100, Nuisances, of the Code of Westminster.
A. 
For the purposes of this section, any side of the building(s) facing a public street, public access easement, or residential property is defined as a facade. All facades of a building that are visible from adjoining properties and/or public streets shall contribute to the community integration by featuring characteristics that reflect the architectural style of the buildings within a one-half-mile radius of the subject site and shall include the following:
(1) 
Facades greater than 20 feet in length must incorporate recesses and projections along at least 20% of the length of the facade.
(2) 
Facades must include windows totaling at least 80% of the first floor of the structure and 30% of each additional floor. Credit may be given for up to 20% of this requirement for awnings or arcades. No portion of the facade shall be of highly reflective glass with a reflectance factor of 0.25 or greater.
(3) 
Facade color must be of low-reflective, subtle, neutral or earth-tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.
(4) 
Building trim may feature brighter colors, but neon tubing is not permitted as an accent material.
(5) 
Facade building materials must include brick, wood, native stone or tinted/textured concrete masonry units. Smooth-faced concrete block, wood or vinyl siding, tilt-up concrete panels or prefabricated steel or metal panels are prohibited for exterior facades.
B. 
Architectural character shall be incorporated into the building(s) by use of a repeating pattern of change in color, texture and material modules, and at least one of these elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
C. 
Variations in rooflines must be incorporated at intervals of 20 feet or at each break in retail frontage, whichever is less. Rooftop mechanical equipment must be fully screened from view, including the view from above. Variations should incorporate roofline elements similar in character to nearby structures.
D. 
Solid or permanently enclosed or covered storefronts will not be permitted, and all elements of the storefront, including awnings, signs, show windows, etc., shall be located within the area between the pavement and the second-story window-sill line.
E. 
Awnings shall be soft, retractable, and flame-proofed. Awnings shall not interfere with street trees, lamp posts, etc., and shall terminate against the building at a height not higher than one inch below the second-floor window sill.
F. 
Signs.
(1) 
All flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs, and pennants, banners and streamers or other decorations are prohibited.
(2) 
All other provisions of Article XVII shall apply, except that to the extent that there are any discrepancies between this section and Article XVII, the provisions of this section shall control.
G. 
Each principal building must have a clearly defined and highly visible customer entrance with features such as canopies or porticos, arcades, wing walls and integral planters.
H. 
Loading docks, trash collections, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building(s) and layout of the site so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited. Trash removal is prohibited after 5:00 p.m. and before 7:00 a.m.
I. 
Weather-protection features, such as awnings, shall be provided as appropriate and practical near all customer entrances.
J. 
(Reserved)
K. 
Lighting fixtures used on the exterior of buildings, signs, parking areas, and pedestrian walkways shall be architecturally compatible with the style, materials, colors, and detail of the building.
L. 
Utilities. Existing utilities shall be relocated to the rear of the structure. All new utility lines shall be placed underground.
M. 
Interparcel access. Where topographic and other conditions are reasonably usable, provisions shall be made for travelway connections to adjoining lots of similar existing or potential use when such driveway connection will facilitate vehicular access between sites without the need to travel upon a public street.
N. 
Pedestrian accommodations. Pedestrian walkways and connections must be provided to any trail or other pedestrian paths, such as sidewalks, from adjoining areas.
O. 
Parking. Off-street parking shall be provided in accordance with Article XVI of this chapter, with the following modifications:
(1) 
No off-street parking shall be permitted between the front facade of the principle building and the primary abutting street. One row of parallel parking spaces is permitted between one side facade of the principle building and a secondary abutting public street, provided that a sidewalk is constructed between the parking spaces and the building.
(2) 
The benefit assessment charge and annual maintenance fee provided for in § 164-111C is available for application in this zone.
(3) 
Sharing of facilities.
(a) 
Upon approval of the Planning Director, development incorporating one or more residential uses and one or more office uses may, in a common parking facility, share up to 50% of the parking spaces required for the use with the smallest base requirement in accordance with the following example:
[Amended 1-28-2008 by Ord. No. 774]
[1] 
Twelve multifamily units: 18 required spaces.
[2] 
Four offices (one doctor's office): 12 required spaces.
[3] 
Base requirement: 30 required spaces.
[4] 
Fifty percent smallest base (office): credit six spaces.
[5] 
Requirement with shared spaces: 24 required spaces.
(b) 
Parking lots created under this subsection may not contain spaces designated as reserved for a specific use.
(4) 
Every off-street parking area, except where the public street is the approved drive aisle, for more than five vehicles shall be located at least three feet from any public walkway, five feet from any street or curb and five feet from every residential lot line.
(5) 
The Planning Director may approve compact parking spaces in accordance with the standards outlined in § 164-115F for up to 50% of the total required spaces for residential uses.
[Amended 1-28-2008 by Ord. No. 774]
P. 
Bicycle parking shall be provided in accordance with the following standards:
(1) 
At least five bicycle parking spaces or 10% of the required off-street parking spaces, whichever is greater.
(2) 
Bicycle parking facilities shall provide for storage and locking of bicycles in which both the bicycle frame and the wheels may be locked by the user; be designed so as not to cause damage to the bicycle; facilitate easy locking without interference from or to adjacent bicycles; and consist of racks or lockers anchored so that they cannot be easily removed and of solid construction, resistant to rust, corrosion, hammers and saws.
(3) 
Bicycle parking facilities shall be consistent with the site in color and design and be incorporated whenever possible into building or street furniture designs.
(4) 
Bicycle parking facilities shall be located in convenient, highly visible, active, well-lighted areas but shall not interfere with pedestrian or vehicular movements.
Q. 
Modifications to design standards.
(1) 
The standards contained in this section are intended to foster development of integrated commercial and shopping facilities while at the same time maintaining reasonable limitations upon their design, size and operation. Conditions may arise when full compliance with the design standards is impractical, impossible or under circumstances where maximum achievement of the City's objectives can only be obtained through modified requirements. In specific cases, modification of these standards may be permitted by the Director, subject to the approval of the Council, upon a finding that such modification more fully achieves the objectives of this zone and that any such modification would not have an adverse impact upon adjoining properties or the general character of the proposed development plan.
(2) 
All requests for modifications must be submitted to the Director in writing and shall be accompanied by sufficient explanation and justification, written and/or graphic, to allow appropriate evaluation and decision by the Director, subject to the approval of the Council.
(3) 
Modification to design standards shall be limited to the specific project under consideration and shall not establish any precedent for use or approval in any other application.
A. 
Illumination. All outdoor illumination shall meet the following conditions:
(1) 
All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a disabling glare hazard to drivers or pedestrians or a nuisance glaze concern to neighboring properties.
(2) 
Lighting fixtures shall not be mounted in excess of 20 feet above grade unless the fixture illuminates the structure to which the fixture has been installed.
(3) 
All facades facing a public right-of-way shall incorporate adequate lighting to provide for the safety of pedestrians and to discourage vandalism. Such lighting shall be directed toward the face of the building rather than the area around it and shall not exceed five footcandles.
(4) 
No outdoor illumination may be used in any manner that could interfere with the safe movement of motor vehicles on public streets, including a fixture that may be confused with or construed as a traffic control device.
(5) 
Blinking, flashing, or changing intensity lights, except for temporary holiday displays which are permitted between November 15 and January 7, are prohibited.
(6) 
No person shall install, illuminate or maintain an beacon or searchlight.
B. 
Maintenance following project completion. All design standards approved as part of the site plan by the Planning Commission shall run with the land and shall be maintained in good repair and condition all subsequent owners of the property. Substantive changes shall require approval by the Commission.
The following requirements shall be observed. Special fire-resistance-rated construction practices may be required for setbacks of less than five feet.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, Location requirement, was repealed 2-11-2013 by Ord. No. 840.
B. 
Building or use setback.
(1) 
Front. No front yard setback is required. The maximum front yard setback permitted is five feet. The sidewalk shall be constructed to be continuous and contiguous from the public street to the front facade of the structure along the entire length of the facade. Landscaping pits may be included along the facade for a distance not to exceed 50% of the length of the facade.
(2) 
Side. Where the side line is along an alley or public right-of-way, the maximum side yard setback permitted is five feet or equal to the setbacks of the immediately adjacent buildings, whichever is less, but in no instance shall adequate site distances be encroached upon. Side yards not located along an alley or public right-of-way shall have a maximum permitted setback of three feet. Where neither side line is located along an alley or public right-of-way, at least one side yard setback must be equal to zero feet.
(3) 
Rear: a minimum setback of five feet.
(4) 
For parking lots: a minimum setback of one foot from the right-of-way or adjacent lots subject to the provisions contained in § 164-39.5O.
(5) 
From the R-20,000, R-10,000, R-7,500, PD-4, PD-9, PD-15 residential districts, or similar residential districts that may hereafter be adopted: a minimum setback of 10 feet.
[Amended 2-11-2013 by Ord. No. 840]
A. 
The owner of a property located in an area eligible to be designated as a Mixed Used Infill Zone but not so designated on the City's Comprehensive Zoning Map may make application for the application of the Mixed Used Infill Zone to the subject property as a floating zone.
B. 
All uses permitted and special exceptions shall achieve the purposes set forth in § 164-39.1 and be compatible with other uses existing or proposed adjacent to and in the vicinity of the area covered by the proposed development.
C. 
An application for the application of the Mixed Use Infill Zone as a floating zone must be accompanied by a site development plan prepared in accord with the provisions of § 164-188 of this chapter.
D. 
In addition to all other standards and criteria, when considering an application for the designation of a floating Mixed Use Infill Zone, the Common Council shall also consider the adequacy of schools, streets and highways, the availability of public water and wastewater systems, and the adequacy of all other public facilities intended to serve the project.
E. 
All floating Mixed Use Infill Zone projects shall be subject to site plan approval as provided in Article XXV.