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.
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.
(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.
(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.
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.
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.