[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.
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.
[Amended 9-25-2017 by Ord. No. 869; 2-12-2018 by Ord. No. 886]
(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)
Auto 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 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.
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)
Radio and television studios.
(4)
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.
[Amended 2-11-2013 by Ord. No. 840]
D.
The buying, selling or trading of firearms shall not
be allowed under any of the uses permitted under 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.
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]
(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.
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.
No structure shall exceed five stories in height,
and no structure shall be less than three stories in height.
The following requirements shall be observed.
Special fire-resistance-rated construction practices may be required
for setbacks of less than five feet.
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.
