[Added 9-25-2000 by Ord. No. 638]
A. 
It is the purpose of this zone to provide a method for the orderly grouping and spacing of limited commercial development on properties outside of the City's downtown with design and operating standards that require larger land areas. It is intended to provide suitable sites for development of integrated commercial and shopping facilities while at the same time maintaining reasonable limitations upon their design, size and operation. Said suitable sites are intended to allow for appropriate commercial development in a convenient location without adversely affecting the physical development pattern of nearby residential areas.
B. 
The following objectives are sought in providing for the N-C Neighborhood Commercial Zone:
(1) 
To provide a more attractive and varied commercial environment than would be possible through the strict application of commercial Euclidean zonal district requirements.
(2) 
To encourage developers to use a more creative approach in the development of land.
(3) 
To encourage small or local businesses designed to serve the surrounding neighborhood to locate in these areas.
(4) 
To encourage shopping by pedestrian and bicycle access.
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 N-C Neighborhood Commercial Zones.
[Amended 3-12-2007 by Ord. No. 762; 5-13-2019 by Ord. No. 910; 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 following uses. Drive-through facilities are prohibited in this zone except as provided in § 164-64.3B and D.
(1) 
Accessory uses and buildings customarily incidental to any permitted use in this section.
(2) 
Alcoholic beverage package stores.
(3) 
Animal hospitals, veterinary clinics and accessory kennels without exterior runways.
(4) 
Antique and crafts shops.
(5) 
Art shops, art galleries and/or art and craft supplies.
(6) 
Household appliance and equipment and home electronic sales, lease and service containing 10,000 gross square feet or less.
(7) 
Art, trade and business schools.
(8) 
Automobile accessory stores containing 10,000 gross square feet or less.
(9) 
Bakery shops.
(10) 
Banks, savings and loan and financial institutions.
(11) 
Beauty parlors, barbershops and tanning, toning and nail salons.
(12) 
Bed-and-breakfast establishments and/or tourist homes containing 10 rooms or fewer.
(13) 
Bicycle sales, lease and services, including sale of bicycling accessories.
(14) 
Bookstores.
(15) 
Cafeterias, lunchrooms, snack bars and automats.
(16) 
Candy stores.
(17) 
Card, stationery and related paper products supply stores.
(18) 
Carpet or flooring material retail sales.
(19) 
Carpentering shops containing 500 gross square feet or less.
(20) 
Catalog sales center, without showrooms.
(21) 
Catering sales and commercial kitchen for off-premises service.
(22) 
China and glassware stores.
(23) 
Clock shops, sales and repairs.
(24) 
Clothing apparel stores.
(25) 
Commercial artist studios.
(26) 
Computer stores.
(27) 
Custom printing, reproduction and copy shops containing 5,000 gross square feet or less.
(28) 
Cultural arts centers.
(29) 
Dancing, gymnastics instruction and exercise studios.
(30) 
Data and computer services.
(31) 
Day-care facilities for adults or children and nursery schools.
(32) 
Dress or millinery shops.
(33) 
Drugstores or pharmacies.
(34) 
Dry cleaners.
(35) 
Fabric stores.
(36) 
Florist or garden shops with no exterior storage.
(37) 
Food and grocery stores.
(38) 
Furniture stores, including ancillary upholstery service.
(39) 
Furriers.
(40) 
Gift or jewelry shops, including engraving and repairs.
(41) 
Hardware stores with no exterior storage.
(42) 
Health clubs.
(43) 
Hobby or craft shops and supplies.
(44) 
Institutes for special education and training.
(45) 
Interior design and decorating shops.
(46) 
Locksmith shops.
(47) 
Magazine, comic books and periodicals shops, which shall not include adult entertainment activities.
(48) 
Medical or dental offices and clinics, including ancillary laboratories.
(49) 
Medical supply sales.
(50) 
Music stores, including sales of records, tapes, and instruments, instrument repairs and musical and voice instruction.
(51) 
Newsstands.
(52) 
Offices, professional and business.
(53) 
Office supplies, equipment sales, lease and service.
(54) 
Optical and eye care facilities.
(55) 
Package, telecommunications and courier service.
(56) 
Paint and wallpaper supply sales.
(57) 
Pet grooming service that does not include on-site boarding.
(58) 
Picture framing shops.
(59) 
Photography studios, retail sales of photographic equipment and supplies and film processing laboratory service.
(60) 
Places of worship.
(61) 
Public buildings, structures and properties of the recreational, cultural, institutional, educational, administrative or public-service type, including fire, ambulance or rescue squad.
(62) 
Radio and television sales and repair.
(63) 
Restaurants and lunchrooms, which may include live entertainment and dancing, provided that it is interior to a building and does not constitute adult entertainment activities.
(64) 
Shoe sales and repair shops.
(65) 
Social clubs, fraternal organizations and community meeting halls.
(66) 
Sporting goods and related outdoor hobby shops with the exception of firearms.
(67) 
Stamp, coin and other collectibles stores.
(68) 
Tack and leather goods stores.
(69) 
Tailor and seamstress establishments.
(70) 
Theaters for movies and performing arts, containing three screens or fewer.
(71) 
Tobacconists.
(72) 
Toy stores.
(73) 
Travel agencies.
(74) 
Vape shops.
(75) 
Video rental establishments with the exception of adult entertainment activities.
[Amended 3-12-2007 by Ord. No. 762]
The following uses may be permitted as special exceptions in accordance with the provisions of Article XXII, and provided that no individual use and/or tenant space in a project shall occupy more than 15,000 square feet of gross floor area. Drive-through facilities are prohibited except as provided in Subsection B.
A. 
Amusement centers, excluding bowling alleys and the sale of alcoholic beverages.
B. 
Banks, savings and loan and financial institutions with drive-through service.
C. 
Microbreweries and pub breweries licensed under Article 2B of the Annotated Code of Maryland.
D. 
Drugstores or pharmacies with drive-through service.
E. 
Sign-painting shops.
F. 
Swimming pools, parks and recreation areas, provided that such uses shall be two times the distance requirements for residential uses as specified in § 164-140.
G. 
Telecommunications facilities, subject to the requirements of § 164-139.1.
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 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 100 feet in length must incorporate recesses and projections along at least 20% of the length of the facade.
(2) 
Facades must include windows, awnings and arcades which total at least 60% of the facade; however, 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, 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 horizontally, and shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
C. 
Variations in rooflines must be incorporated and include features such as overhanging eaves, sloped roofs and three or more roof slope planes. Rooftop mechanical equipment must be completely and fully screened from view, including the view from above.
D. 
All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principle building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building.
E. 
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.
F. 
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 9:00 p.m. and before 7:00 a.m.
G. 
Weather-protection features, such as awnings, shall be provided as appropriate and practical near all customer entrances.
H. 
Internal pedestrian walkways must be distinguished from driving surfaces through the use of special pavers, bricks or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.
I. 
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.
J. 
Utilities. All new utility lines shall be placed underground.
K. 
Buffer requirement.
(1) 
Along a side or rear property line abutting residential or public property other than a public street, a vegetated buffer shall be provided, 50 feet in width, containing hedges, evergreens and shrubbery. or suitable vegetation of sufficient planted density to produce total year-round visual screening consistent with the topography, the existing vegetation and the use of the adjacent land. Wherever possible, every effort shall be made to protect and retain the existing natural vegetation.
(2) 
Where the facade faces adjacent residential uses, provide an earthen berm of at least six feet in height that will be planted with evergreen trees at intervals of 20 feet on center, or in clusters.
L. 
Signs. An integrated sign program shall be submitted for approval by the Commission, which shall address materials, colors, shapes, sizes and compatibility with architecture. Individual signs shall be reviewed for conformity with the approved sign program.
(1) 
Materials, colors and shapes of proposed signs shall be compatible with the related building.
(2) 
Every individual sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(3) 
Each sign shall be compatible with other signs on the site and shall not compete for attention.
(4) 
All flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs, and pennants, banners and streamers or other decorations are prohibited.
(5) 
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.
M. 
Interparcel access. Where topographic and other conditions are reasonably usable, provision 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 shall be provided to any trail or other pedestrian paths such as sidewalks from the adjoining areas.
O. 
Parking. Off-street parking shall be provided in accordance with Article XVI of this chapter, together with the following requirements:
(1) 
No more than 50% of the off-street parking area for the entire project shall be located between the front facade of the principle building and the primary abutting street.
(2) 
Parking lot landscape islands shall equal at least 10% of the total area of the parking lot. All other requirements of the Landscape Manual shall apply, except that to the extent that there are any discrepancies between this section and the Manual, the provisions of this section shall control.
P. 
Bicycle parking shall be provided in accordance with the following standards:
(1) 
At least three bicycle parking spaces or 10% of the required off-street parking spaces, whichever is greater. After the first 50 bicycle parking spaces are provided, the required number of additional bicycle parking spaces is 5% of the required off-street parking spaces.
(2) 
Bicycle parking facilities shall provided 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 Planning 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.
[Amended 1-28-2008 by Ord. No. 774]
(2) 
All requests for modifications must be submitted to the Planning Director in writing and shall be accompanied by sufficient explanation and justification, written and/or graphic, to allow appropriate evaluation and decision by the Planning Director, subject to the approval of the Council.
[Amended 1-28-2008 by Ord. No. 774]
(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) 
Unless otherwise permitted, lighting shall be controlled by automatic switching devices, such as timers, motion detectors and/or photocells, to extinguish offending sources between 10:00 p.m., or one hour after the end of the business hours of the business served, whichever is later and dawn, to mitigate glare and sky-lighting consequences.
(2) 
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 glare concern to neighboring properties. All exterior lighting shall be hooded and/or screened so as not to permit the source of illumination or lenses to be seen from off the premises.
(3) 
The amount of illumination projected onto a neighboring residential use shall not exceed 0.1 vertical footcandle at the property line.
(4) 
Lighting fixtures shall not be mounted in excess of 20 feet above grade.
(5) 
Exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged and of sufficient illumination to enable the detection of suspicious movement rather than the recognition of definitive detail. For security lighting of grounds and parking lots, the level of illumination shall not exceed one footcandle. Security lighting for buildings/structures shall be directed toward the face of the building/structure rather than the area around it and shall not exceed five footcandles.
(6) 
No outdoor illumination may be used in any manner that could interfere with the safe movement of motor vehicles on public streets, including any fixture that may be confused with or construed as a traffic control device.
(7) 
Blinking, flashing or changing intensity lights, except for temporary holiday displays which are permitted between November 15 and January 7, are prohibited.
(8) 
No person shall install, illuminate or maintain any beacon or searchlight.
B. 
Maintenance following project completion. All design standards approved as part of the site plan by the Commission shall run with the land and shall be maintained in good repair and condition by all subsequent owners of the property. Substantive changes shall require approval by the Commission.
For all uses in the N-C Neighborhood Commercial Zone, the following requirements shall apply:
A. 
A site eligible for consideration as a N-C Neighborhood Commercial Zone development shall meet and comply with one of the two requirements and limitations:
(1) 
A tract of land not more than five acres, provided that no individual use and/or tenant space in a project shall occupy more than 15,000 square feet of gross floor area, unless otherwise limited to a lesser amount in § 164-64.2.
(2) 
A tract of land more than five acres, and less than 15 acres, provided that no more than one individual use and/or tenant space in a project shall occupy more than 55,000 square feet of gross floor area, and all other uses shall not exceed 15,000 square feet of gross floor area, unless otherwise limited to a lesser amount in § 164-64.2.
B. 
The following minimum limitations shall be observed:
(1) 
Lot size and width:
(a) 
Lot size: one acre.
(b) 
Lot width: 200 feet.
(2) 
Building or use setback:
(a) 
Front: 30 feet.
(b) 
Side or rear: 15 feet.
(c) 
For parking use: 10 feet from the right-of-way or adjacent lots.
(d) 
From residential districts: 50 feet, if adjoining.
(3) 
Direct access to state roads is not permitted unless the property has an existing access prior to the adoption of this chapter.
[Amended 12-8-2014 by Ord. No. 851]
All uses permitted and special exceptions shall achieve the purposes set forth in § 164-64.1 and be compatible with the other uses proposed for the planned development and with other uses existing or proposed adjacent to and in the vicinity of the area covered by the proposed planned development.
A. 
An application for zoning classification in the N-C Neighborhood Commercial Zone shall be accompanied by a development plan prepared in accordance with the provisions of § 164-188 of this chapter.
B. 
In addition to all other standards and criteria in considering an application for the N-C Neighborhood Commercial Zone, the Common Council shall also consider the present or potential capability of the street or road system, highway and road access and the availability, capability of existing water and sewage systems and the availability and capability of all other public facilities.
C. 
All N-C Neighborhood Commercial Zone projects shall be subject to site plan approval as provided in Article XXV.
D. 
No property rezoned into the Neighborhood Commercial Zone shall be subdivided or resubdivided except as shown on an approved development plan or an amendment thereof.