[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]
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)
Auto 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.
(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)
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.
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.
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.
No structure shall exceed the height of three
stories.
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.
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.
