Town of Mount Airy, MD Article V Provisions Governing Commercial Districts

§ 112-37 LC Limited Commercial District.

[Amended 12-3-2001 by Ord. No. 2001-13]

A. Purpose.

(1) The LC District is intended to serve as a transitional zone to provide areas for a limited number of retail and service establishments in close proximity to the residents they serve while protecting the residential uses adjoining the district.

(2) The LC District is intended to provide a less intensive commercial zone than the CC District and must only be assigned where adjacent to a more intensive commercial zone such as the CC or any other more intense commercial zone.

(3) Establishment of any of the specific uses under this District shall not be considered a basis for change in any subsequent rezoning petition to a more intensive zoning classification.

(4) All plans for development in this District are subject to site plan approval.

B. Limitation of assignment of LC District. The Limited Commercial Zone is intended as a transitional zone between residential uses and approved commercial uses. It must only be assigned where it will be adjacent to a more intensive commercial zone such as a Community Commercial or any other more intense commercial zone.

C. Uses permitted in the LC District. No building or structure may be erected, used or occupied except in substantial conformity with the below examples:

(1) Residential uses in conjunction with commercial uses or in accord with RE or R-2 zoning, depending on adjacent zoning.

(2) Public buildings, structures and services.

(3) Paint and wallpaper sales, retail.

(4) Hardware sales, retail.

(5) Drug stores, retail.

(6) Professional uses in compliance with NP District zoning or resident professional offices.

(7) Family apparel and accessories.

(8) Finance, insurance, and real estate services.

(9) Personal services: laundry, barbers, and beauty shops.

(10) Repair services: electric, appliances, upholstery and jewelry.

(11) Professional services: medical, dental, legal, engineering, consulting.

(12) Home furnishings, retail.

(13) Specialty shops, retail.

(14) Restaurant without drive-throughs or a sit-down bar area, serving alcoholic drinks only for on-site consumption by restaurant patrons.

(15) Residential uses related to professional office uses, including resident professional offices.

(16) Detached accessory buildings with not over 350 square feet floor space.

(17) Public parks and playgrounds.

(18) As an accessory use only, wireless facilities, support structures and related equipment, subject to § 112-19.1 above.

[Added 1-10-2022 by Ord. No. 2021-18]

D. Special exceptions in the LC District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:

(1) Private and commercial schools: dance, business, trade [§ 112-62F(11)].

(2) Nursery schools, child-care centers [§ 112-62F(10)].

(3) Fire and rescue stations [§ 112-62F(20)].

E. Prohibited commercial uses. The following uses are prohibited in the LC District.

(1) Principal structures with area in excess of 5,000 square feet.

(2) Operations beginning before 8:00 a.m. and/or after 10:00 p.m. (except after 11:00 p.m. on Saturday).

(3) Gasoline stations and convenience stores.

(4) Drive-in or drive-through establishments.

(5) Public utility buildings, including power substations.

(6) Motorized vehicle repairs or sales, including but not limited to automobiles, trucks or motorcycles.

(7) Liquor stores.

(8) Sit-down bars at which alcoholic drinks are served, whether separate or as part of any establishment.

(9) Clubs and fraternal organizations.

F. Development requirements. All development plans are subject to site plan approval. Development requirements include:

(1) Height restriction. No building or structure shall exceed 20 feet in height, not including the roof structure, or contain more than two stories, not including the attic. Accessory structures shall not exceed 15 feet in height.

(2) Size limitation. Principal structures shall not be permitted with area in excess of 5,000 square feet.

(3) Lighting. Lighting shall not reflect or spill over upon adjoining or nearby residential property or on roadways; all lighting shall be equipped with full cutoff, fully shielded fixtures, and pole heights shall not exceed 15 feet at the perimeters. High-density sodium lighting shall be used for all outdoor lighting.

(4) Buffers. Buffers protecting nearby residential areas shall be required and maintained and shall consist of fencing and/or natural barriers such as vegetation and trees of at least four feet in height.

(5) All other requirements for commercial development shall apply.

§ 112-37.1 Downtown Zone (DTZ).

[Added 6-13-2005 by Ord. No. 2005-4; amended 8-4-2008 by Ord. No. 2008-03]

A. Purpose. The Downtown Zone is intended to promote preservation and appreciation of the historic town center, to strengthen the local economy and to enhance and preserve an atmosphere of small-town charm while combining business and residential uses. All plans for development in this zone are subject to site plan approval and the permit process, where applicable. This zone is intended to encourage development of a pedestrian environment consistent with the overall development concept for the Downtown Zone.

B. Principally permitted uses. No building or structure may be erected, used or occupied except in accordance with the following principally permitted uses:

(1) Retail and personal service establishments. The following specified retail and personal service establishments, up to a maximum of 15,000 square feet of floor space:

(a) Food and beverage sales as follows:

[1] Convenience store;

[2] Grocery store;

[3] Specialty food store (e.g., health foods or dietary supplements);

[4] Package liquor sale;

[5] Candy store; and

[6] Seafood store.

(b) Food service and preparation for consumption on or off premises as follows:

[1] Delicatessen and carry-out food;

[2] On- or off-premises catering facility;

[3] Bakery;

[4] Coffee and/or tea shop;

[5] Restaurant (with and without liquor sales);

[6] Pub or bar (which may serve food and provide entertainment);

[7] Dinner theater;

[8] Sandwich and pizza shop;

[9] Fast food without drive-through window service; and

[10] Ice cream, yogurt and/or dessert parlor.

(c) Sidewalk seating subject to the following provisions:

[1] Sidewalk seating shall be located adjacent to or in the sidewalk/public right-of-way, in the front of the building and facing the road, and shall be free from barriers that would limit access to the general public.

[2] Seating shall not be exclusive or reserved for use by any specific business, and no table service shall be provided.

[3] The consumption of alcohol prohibited in any sidewalk seating areas.

[4] The placement of seating may not impede or obstruct safe passage along the sidewalks.

(d) Sidewalk table dining subject to the following provisions:

[1] Table dining shall be located on private property adjacent to the sidewalk/public right-of-way, in the front of the building and facing the road.

[2] Table dining may be adjacent to sidewalks bordering Main Street, Center Street to the extent located within the DTZ, the first 250 feet of Prospect as it intersects with North Main Street and the first 250 feet of Park Avenue as it intersects with South Main Street.

[3] The table dining area shall be delineated from the public right-of-way by a suitable barrier, which may be subject to review by the Planning Commission. The dining area shall not be enclosed in any part by temporary sheathing, permanent walls greater than three feet in height (other than walls associated with adjacent buildings) and shall not serve as a basis for future approval of a permanent enclosure.

[4] Hours of service shall be limited to 10:00 a.m. to 9:00 p.m. and must be vacated by 10:00 p.m., at which time lights, other than safety and security lighting, shall be not provided.

[5] The area must be cleared of trash and food waste within one hour of the time the dining area is vacated.

[6] Lighting must adhere to Town standards.

[7] Table dining areas shall be subject to site plan review and approval by the Town of Mount Airy Planning Commission.

[8] The business owner and/or property owner shall be responsible for any violations of the Town Code, including violations of noise, public nuisance and hours of operations requirements.

[9] All furniture in an outdoor dining area shall be of durable construction, not be of a design and/or weight that will create a wind-blown hazard and shall be kept in good repair.

[10] Alcoholic beverages may be served in outdoor dining areas only in conjunction with the service of food and meals.

[11] An outdoor dining area shall be subject to the same development requirements as indoor areas including but not limited to parking requirements, water use, and capacity.

[12] The use of any outdoor sound amplification device is prohibited.

[13] The use of portable heating and cooling equipment is prohibited in table dining areas.

[14] Signage other than a sandwich sign is prohibited in table dining areas.

(e) General merchandise as follows:

[1] Department store;

[2] Consignment sales or other shops for the sales of used items of similar nature as otherwise permitted in this section;

[3] Variety store; and

[4] Dollar store.

(f) Clothing, apparel and accessory sales as follows:

[1] Clothing sales;

[2] Shoe sales; and

[3] Hat and other accessory apparel sales.

(g) Personal service businesses. The following businesses which involve the provision of personal services, including the repair, alteration or servicing of small equipment and processing, preparation, fabrication and/or assembly of items for retail sale at the business location:

[1] Mailing/packing;

[2] Printing/photocopiers;

[3] Travel agent;

[4] Weight loss center;

[5] Interior decorator;

[6] Computer services and repair;

[7] Rental services;

[8] Internet access and faxing;

[9] Dry cleaning and laundering, including self services;

[10] Tailoring, clothing repair/alteration and shoe repair;

[11] Furniture upholstering and repair;

[12] Picture framing;

[13] Photographic studios;

[14] Film sales and processing;

[15] Pet grooming and pet supplies;

[16] Taxidermy sales and services;

[17] Locksmith;

[18] Bicycle repair and sales; and

[19] Hair, beauty and barbering services and product sales.

(h) Crafts and artisan activities. The following businesses that involve the preparation, fabrication and/or assembly of the crafts, artisan or art items for sale at the business location; or the repair/alteration of items brought to the business for servicing:

[1] Pottery creation and sales;

[2] Art, crafts and decoration creation;

[3] Jewelry making;

[4] Book binding; and

[5] Carving and furniture fabrication or repair or restoration.

(i) Gift or specialty stores as follows:

[1] Gifts and/or curios;

[2] Books;

[3] Newspapers and magazines;

[4] Antiques and collectible sales;

[5] Decorative accessories;

[6] Party supply store;

[7] Christmas stores;

[8] Baby supply store;

[9] Candles and/or aromatherapy;

[10] Luggage and leather goods;

[11] Cards and stationery; and

[12] Medical, health and wellness supplies and equipment.

(j) Home furnishings and accessories sales as follows:

[1] Dishes, china, cookware, glassware;

[2] Furniture;

[3] Home accessories;

[4] Drapes and curtains;

[5] Kitchen stores;

[6] Bed, bath and linen stores;

[7] Floor coverings;

[8] Lamp and lighting; and

[9] Closet and container/storage stores.

(k) Home improvement and hardware sales as follows:

[1] General and specialty hardware without outdoor storage;

[2] Paint and wallpaper sales; and

[3] Cabinetry sales.

(l) Hobby and special interests sales as follows:

[1] Sporting goods, including hunting and archery supplies, sales and repairs;

[2] Toys and games;

[3] Medical, health and wellness supplies and equipment;

[4] Art gallery;

[5] Arts and crafts sales;

[6] Collectibles;

[7] Science, nature, wild bird supply sales;

[8] Photographic equipment sales and repairs; and

[9] Equestrian equipment sales and repair.

(m) Home appliances and music supplies as follows:

[1] Audio/video sales and/or rentals of tapes, discs and other formats;

[2] Musical records, sheet music and instrument sales and repair;

[3] Computer hardware and software; and

[4] General electronics sales and repair.

(n) The following other retail uses:

[1] Fabric and sewing machine sales;

[2] Clocks/watches repair and sales;

[3] [1]Flowers, plants and garden supplies with a maximum of 1,000 square feet of outdoor displays;

[1] Editor's Note: Former Subsection B(1)(n)[3], tobacco sales, was repealed 11-6-2023 by Ord. No. 2023-39. This ordinance also renumbered former Subsection B(1)(n)[4] through [9] as Subsection B(1)(n)[3] through [8], respectively

[4] Pet supplies;

[5] Telephone/telecom sales and services;

[6] Eyeglasses, sunglasses preparation and sales, optician ophthalmologic services;

[7] Cosmetics and beauty supplies; and

[8] Office supplies.

(o) The following businesses or operations that involve the production, storage, distillation, manufacturing, processing, distribution, and wholesale and retail sale of liquor, beer, wine, coffee, and/or cider made from produce grown or produced off site. The hosting of tours and tastings of such products incident to such businesses or operations conducted on the premises is also a permitted use. Such business or operations must be conducted in an enclosed building. Such operations shall be in compliance with any and all local and state liquor laws and licensing requirements and Health Department regulations, and shall possess any and all licenses which may be required by Carroll or Frederick County, the Town of Mount Airy, and/or the State of Maryland:

[Added 11-2-2015 by Ord. No. 2015-19]

[1] Microdistillery.

[2] Microbrewery.

[3] Microwinery.

[4] Coffee-roasting operations.

(2) Entertainment and community service establishments. The following specified entertainment and community service establishments:

(a) Martial arts and/or dance studios;

(b) Nurseries and day care for children and seniors;

(c) Learning center for instruction, college credit classes and/or continued learning and hobbies;

(d) Children's play gyms;

(e) Post offices;

(f) Government services;

(g) Teen, community or senior centers;

(h) Houses of worship;

(i) Armed forces recruiting;

(j) Conference/meeting spaces;

(k) Museums/visitor centers;

(l) Movie theaters;

(m) Hotels; and

(n) Bed-and-breakfast establishments.

(3) Financial uses. The following specified financial uses:

(a) Banks (without drive-through windows);

(b) Finance companies;

(c) Savings and loans; and

(d) Brokerages.

(4) General office uses. The following general office uses:

(a) Medical/dental/chiropractic clinics;

(b) Real estate agent or broker;

(c) Veterinary clinics;

(d) Insurance agent or broker;

(e) Accountants and lawyers offices; and

(f) Government offices.

(5) Residential uses. The following residential uses:

[Amended 1-9-2017 by Ord. No. 2016-23]

(a) Apartments, on upper floors only (i.e., above primary ground level entry floor, which shall be a commercial use);

[Amended 2-3-2020 by Ord. No. 2019-13]

(b) Condominiums, on upper floors only (i.e., above primary ground level entry floor, which shall be a commercial use);

[Amended 2-3-2020 by Ord. No. 2019-13]

(c) Loft units, on upper floors only (i.e., above primary ground level entry floor, which shall be a commercial use); and

[Amended 2-3-2020 by Ord. No. 2019-13]

(d) Single-family attached homes (with parking or garage area in rear of property).

(6) Conversion of existing single-family residences. Conversion or alteration of an existing single-family residence or apartment building to any other principally permitted use.

(7) As an accessory use only, wireless facilities, support structures and related equipment, subject to § 112-19.1 above.

[Added 1-10-2022 by Ord. No. 2021-18]

C. Special exception uses in the DTZ District. The Board of Appeals may authorize the following special exception uses in accordance with the provisions of Article VIII, § 112-62:

(1) Banks with drive-through windows.

(2) Second floor outdoor dining/seating area.

[Added 10-4-2010 by Ord. No. 2010-6]

(3) Fitness studios/clubs or gyms for properties situated along Center Street that do not confront or adjoin North or South Main Street (all other development provisions within the Downtown Zone apply).

[Added 4-7-2014 by Ord. No. 2014-2]

D. Prohibited uses. The following uses shall be prohibited within the Downtown Zone:

(1) Fitness studios/clubs or gyms with the exception of those permitted by § 112-37.1C(3);

[Amended 4-7-2014 by Ord. No. 2014-2]

(2) Gasoline stations;

(3) Drive-in or drive-through food establishments;

(4) Public utility buildings, including power substations;

(5) Motorized vehicle repair or sales, but not limited to automobiles, trucks and motorcycles;

(6) Car washes;

(7) Pawn shops;

E. Building setbacks.

(1) Front yard.

(a) New construction. The front yard setback shall be the distance equal to the average of the front yard setbacks for existing improved properties immediately adjacent to the subject property.

(b) Existing construction or alteration. The front yard setback shall be the distance from the existing principal use on the property as of the date of adoption of this section.

(2) Side yard.

(a) New construction. The side yard setback shall be the distance equal to the closest side yard setback for existing improved properties immediately adjacent to the subject property.

(b) Existing construction or alteration. The side yard setback shall be the distance from the existing principal use on either side of the property as of the date of adoption of this section.

(3) Rear yard.

(a) Subject to the provisions of Subsection E(3)(b) below, the rear yard setback shall be 10 feet.

(b) Where the rear yard of the subject property adjoins property which is residentially zoned (RE, R1, R2, R3, R5 or R7), the rear yard setback shall be 40 feet; provided, however, that parking shall be permitted up to a distance of 20 feet.

F. Parking.

(1) Off-street parking requirements shall generally be required as set forth in §§ 112-7 and 112-8.

(2) Notwithstanding the foregoing, an existing or proposed use may request approval from the Planning and Zoning Commission of a lesser amount of off-street parking. Any such request shall be reviewed with Town staff and/or consultants, who shall make appropriate recommendations to the Planning and Zoning Commission for reasonable and appropriate off-street parking considering the parking needs of the proposed use and the availability of parking in the area of the use. Wherever possible, parking should be located behind structures and in the rear of the lot within the DTZ.

G. Building height. Uses within the Downtown Zone shall observe the following height restrictions:

(1) Minimum height: two stories or 24 feet measured from the edge of the principal structure at the average front yard grade level to the interior ceiling of the second story of such principal structure.

(2) Maximum height: three stories or 40 feet measured from the edge of the principal structure at the average front yard grade level to the interior ceiling of the third story of such principal structure.

(3) Notwithstanding any provision contained in § 112-53 to the contrary, uses within the Downtown Zone shall be allowed an additional 10 feet in height for architectural and/or mechanical appurtenances on the principal structure.

§ 112-37.2 Mixed Use District (MXD).

[Added 8-3-2020 by Ord. No. 2020-01]

A. Purpose. The purpose of the Mixed Use District (MXD) is to facilitate the integrated and orderly development of residential uses and nonresidential uses where high-quality mixed-use developments can occur in harmony with surrounding land uses. The MXD District is intended to provide attractive, residential neighborhoods containing a mixture of detached dwellings, semidetached dwellings, townhouses, and multifamily dwellings in an effort to promote housing diversity and a pedestrian-friendly environment. The MXD District is intended to provide flexibility to design residential neighborhoods in a safe, attractive and environmentally responsible manner.

[Amended 11-6-2023 by Ord. No. 2023-32]

B. Objectives. One or more of the following objectives are sought in an MXD project, as applicable:

(1) Provide a more attractive residential and nonresidential environment than would be possible through the strict application of conventional zoning district requirements.

(2) Encourage harmonious and coordinated development of sites that is consistent with the existing natural features, bicycle, pedestrian and vehicular circulation and compatibility with surrounding uses.

(3) Encourage development that is of excellent design and architecture with a mix of uses that will create synergy, efficiency of design, and an increase in walkability.

(4) Create a mixture of office, retail, cultural, art, recreational, and residential uses, along with restaurants, eateries and cafes, where all related structures, parking, and open spaces are designed to establish and maintain a cohesive community while protecting the character of surrounding neighborhoods and the overall natural environment.

(5) Expand the opportunity to support diversified housing options within an integrated site design of varying land uses.

(6) Encourage development of sites that promote and support a diverse artistic and if possible cultural entertainment area and that creates a community with live-work space for artists.

C. Permitted uses. No building, structure, or land to which this zone applies shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained on land to which this zone applies, except for one or more of the uses listed in Subsection C(1) below combined with one or more of the uses listed in Subsection C(2) below, up to a maximum of 25,000 square feet of floor space per single user, subject to site plan review and approval.

(1) The following are the nonresidential permitted uses:

(a) Administrative, financial, real estate, bank and professional offices.

(b) Banks and savings and loan institutions.

(c) Bed-and-breakfast establishments.

(d) Bookstores, with the exception of adult entertainment.

(e) Alcohol sales, breweries, distilleries, and wineries.

(f) Coffee shops that may facilitate live performances or readings.

(g) Crafts and artisan services.

(h) Day-care facilities.

(i) Drugstores, with the exception of medical dispensaries.

(j) Educational centers.

(k) Furniture upholstering and repair.

(l) Health services, such as medical, dental, optical offices.

(m) Hotels, with or without conference rooms.

(n) Home occupations.

(o) Laundry or dry-cleaning establishments.

(p) Municipal government services.

(q) Physical fitness facilities.

(r) Professional offices.

(s) Public buildings, structures and properties.

(t) Recreational entertainment and amusements.

(u) Restaurants and lunchrooms, including outside or sidewalk dining.

(v) Retail sales and service, without outdoor storage, with the exception of dispensaries, pawn shops and vape shops.

(w) Veterinary clinic, animal hospital, with indoor overnight boarding only as is required for veterinary treatment, but not for kenneling or vacation boarding.

(x) Video rental establishments, with the exception of adult entertainment.

(2) The following are the residential uses permitted:

(a) Townhouse.

(b) Dwelling, multifamily, to include apartments and condominiums.

(c) Duplex or semidetached dwelling.

(d) Single-family or detached dwelling.

(3) Accessory uses. The accessory uses allowed in mixed-use developments shall be those uses and structures customarily accessory and incidental to any permitted principal use or authorized conditional use. Accessory uses shall be screened from public view by walls, fencing, landscaping, or a combination of the three. Wireless facilities, support structures and related equipment as accessory uses shall be subject to § 112-19.1 above.

[Amended 1-10-2022 by Ord. No. 2021-18]

(4) Notwithstanding the limitations set forth above, one use may exceed 25,000 square feet up to 65,000 square feet of floor space. Any additional uses that exceed 25,000 square feet shall require Planning Commission approval.

D. Special exceptions. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:

(1) Clubs, fraternal organizations and service organizations [§ 112-62F(3)].

(2) Nursing home, including assisted living centers [§ 112-62F(4)].

E. Nonpermitted uses. The following uses shall not be permitted in the MXD Zone:

(1) Pawn shops.

(2) Vape shops.

(3) Cannabis businesses.

[Amended 11-6-2023 by Ord. No. 2023-32; 11-6-2023 by Ord. No. 2023-39]

(4) Hemp businesses.

[Added 11-6-2023 by Ord. No. 2023-32]

(5) Tobacco shops.

[Added 11-6-2023 by Ord. No. 2023-32]

F. Minimum use percentage guidelines. Mixed-use developments shall incorporate the following residential to nonresidential ratios with respect to the site design and proposed land use:

(1) Required land use mix. Residential to nonresidential land use mix shall represent a ratio of no greater than 75% residential and no less than 25% nonresidential, and no less than 25% residential and no greater than 75% nonresidential, of the total net developable acreage of the project.

[Amended 11-6-2023 by Ord. No. 2023-32]

(a) The applicant/developer shall propose a ratio of the overall mix in its pattern book and provide a table showing the number of acres proposed for nonresidential, residential, and relative land use mix percentage. The developer shall propose a ratio of open space to total gross acreage. (See § 98-23.)

(b) The burden shall be on the applicant/developer to establish that the proposed ratio meets the overall intent of this zone in consideration of the project size, location, access to existing or planned community amenities, infrastructure and the character of the properties surrounding the project.

G. Conditions to use. 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, vibrations, refuse matter or water-carried waste or otherwise create a nuisance.

H. Density and setback requirements of the MXD District:

[Amended 11-6-2023 by Ord. No. 2023-32]

(1) A maximum of seven dwelling units per total net developable acre shall be permitted.

(2) Maximum number of attached townhouses. No more than six dwelling units may be attached in any one townhouse group.

I. Building height. No structure shall exceed 40 feet in height.

J. Off-street parking and loading. There shall be provided in the MXD adequate off-street parking and loading areas in accordance with the requirements in Article II. Temporary storage of motor vehicles and motor equipment is subject to the requirements for off-street parking set forth in § 112-7F, related to paving.

K. Location, and layout requirements. Mixed-use development design shall promote a pedestrian-oriented environment through the placement of buildings in relation to public walkways, massing of buildings and related architectural elements, and give consideration as to the appropriate location of necessary amenities, such as parking areas, trash containers, alleys, loading areas, etc., so as to limit them as much as possible from public view.

L. Bulk requirements.

[Amended 11-6-2023 by Ord. No. 2023-32]

(1) During the concept plan phase of the development approval process, the applicant/developer shall provide the Planning Commission with a list of bulk site development requirements, including the building setback requirements from public and private streets, other structures within the development and property boundaries. These bulk requirements shall be similar to requirements in other zones within the Town. The Planning Commission shall obtain recommendations from Town staff on these requirements, prior to discussions. Once approved by the Commission, these bulk requirements shall be included in the pattern book described in § 98-61B and govern development of the MXD. Property boundaries that abut less intensive zoning districts shall contain suitable buffers to be delineated in the development plans and pattern book and approved by the Planning Commission. Buffer requirements may not be eliminated through consolidation of parcels outside the MXD with parcels located within the MXD. Buildings with commercial, townhomes, and/or apartments that abut an existing residential district must maintain a fifty-foot yard buffer with no impervious area, except parking within half the yard distance.

(2) In the Mixed Use District (MXD), front yard setbacks within priority areas, especially along Center Street, shall be similar to the Downtown Zoning District with wide sidewalks and buildings near the street, or a distance equal to the average of the front yard setbacks for existing improved properties immediately adjacent to the subject property.

M. Development plans. Any new use or a change of use involving structural additions or changes and any site improvements, to include grading and parking, to be undertaken within the MXD shall require submission and approval of site and/or subdivision plans, as may be applicable, pursuant the Chapter 98, including § 98-61.

§ 112-38 NP Neighborhood Professional District.

[Added 12-3-2001 by Ord. No. 2001-14; amended 7-11-2005 by Ord. No. 2005-10]

A. Purpose.

(1) The NP District is intended to allow the redevelopment of existing homes and structures for professional offices while protecting the residential uses adjoining the district.

(2) The location of the Neighborhood Professional Districts should provide for adaptive reuse of existing homes and structures into offices.

(3) The NP Zone is intended to provide a less intensive commercial zone than the LC District and must only be assigned where adjacent to a more intensive commercial zone such as the LC, CC or any other more intense commercial zone.

(4) Establishment of any of the specific uses under this District shall not be considered a basis for change in any subsequent rezoning petition to a more intensive zoning classification.

(5) All plans for development in this District are subject to site plan approval subject, however, to the exception contained in Subsection F(2) below.

B. Limitation of assignment of NP District. The Neighborhood Professional Zone is intended as a transitional zone between residential uses and approved commercial uses. It must only be assigned where it will be adjacent to a more intensive commercial zone such as Limited Commercial or Community Commercial or any other more intense commercial zone.

C. Uses permitted in the NP District. No existing buildings or structures may be used or occupied except in substantial conformity with the below examples:

(1) Finance, insurance and real estate services without drive-throughs.

(2) Professional services, including medical, dental, legal and engineering.

(3) Residential uses related to professional office uses, including resident professional offices.

(4) Detached accessory buildings with not over 500 square feet of ground floor building footprint area.

(5) Public parks and playgrounds.

(6) Residential uses in accord with RE or R-2 zoning, depending on adjacent zoning.

(7) As an accessory use only, wireless facilities, support structures and related equipment, subject to § 112-19.1 above.

[Added 1-10-2022 by Ord. No. 2021-18]

D. Special exceptions in the NP District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62.

(1) Private and commercial schools: dance, business, trade [§ 112-62F(11)].

(2) Nursery schools and child-care centers [§ 112-62F(10)].

(3) Churches, schools, libraries and community centers [§ 112-62F(19).

(4) Convalescent, nursing homes or assisted living facilities [§ 112-62F(4)].

(5) Fire and rescue stations. [§ 112-62F(20)].

(6) Residential uses more dense than RE or R-2 zoning.

E. Prohibited uses. The following uses are prohibited in the NP District:

(1) Principal structures with a footprint floor area of greater than 2,000 square feet, except as permitted under § 112-38F.

(2) Any twenty-four-hour operations.

(3) Any retail establishment or repair service.

(4) Drive -in or drive-through establishment.

(5) Public utility buildings.

(6) Clubs and fraternal organizations.

F. Construction requirements. The NP District is intended to encourage use of existing structures, but these requirements apply to any construction within the District. All development plans for new construction or those additions seeking to enlarge the ground floor building footprint of existing construction are subject to site plan approval. Construction requirements include:

(1) Principal structure. Although the NP District encourages use and adaptation of existing structures, new principal structures may be built to replace those which are torn down or removed as long as the new principal structure is built with a footprint that does not exceed the size of that of the structure it replaces, except new principal structures constructed on or after July 26, 2020, on lots with principal structures that have been vacant for at least three continuous years and are torn down or removed, but subject to the limitations set forth in Subsection F(4) below.

[Amended 7-6-2020 by Ord. No. 2020-4]

(2) Additions to existing structures. An addition of up to 25% of the existing ground floor building footprint will be permitted to an existing structure that remains on the property as the principal structure. Additions which result in increased height of the existing structure shall be permitted subject to the requirements of § 112-38F(5). Notwithstanding the general requirement for site plan approval, additions to accessory structures shall not require site plan approval, provided that the addition to such structure will not:

(a) Generate an increase in water consumption of more than 10% beyond the existing water consumption for the lot upon which such structure is located as certified by a licensed professional engineer; and

(b) Generate more than 25 additional average daily trips to the subject site as determined by a traffic consultant of the town's choosing.

(3) Waiver of setback and development requirements. In order to allow an addition and/or continued reasonable use of an existing building or structure, setback may be waived but only to the extent necessary to permit use of the property and structure within the NP District.

(4) Size limitation for new principal structures constructed on or after July 26, 2020, on lots that as of July 26, 2020, are without principal structures, or on lots with improvements that have been vacant for at least three continuous years and are subsequently torn down or removed. New principal structures constructed on or after July 26, 2020, on new lots that as of July 26, 2020, are without existing principal structures, or on lots with improvements that have been vacant for at least three continuous years and are torn down or removed, shall be permitted up to a footprint of 2,500 square feet, so long as:

[Amended 7-6-2020 by Ord. No. 2020-4]

(a) The new principal structure meets setback requirements [subject to the waiver provisions set forth in Subsection F(3) above], parking standards, and all other development requirements applicable to the proposed use; and

(b) The proposed development complies with any reasonable condition to granting the variation imposed by the Planning Commission, such as requirements for screening.

(5) Height restriction. No building or structure shall exceed the height of the existing principal structure or, for vacant lots, 20 feet in height, not including the roof structure. No building or structure shall contain more than two stories, not including the attic.

(6) Lighting shall not reflect or spill over upon adjoining or nearby residential property or on roadways; all lighting shall be equipped with full cutoff, fully shielded fixtures, and pole heights shall not exceed 15 feet at the perimeters. High-density sodium lighting shall be used for all outdoor lighting.

(7) Buffers protecting nearby residential areas shall be required and shall consist of fencing and/or natural barriers such as vegetation and trees of sufficient height.

(8) All other requirements for commercial development shall apply unless waived under Subsection F(3) above.

§ 112-39 CC Community Commercial District.

A. Purpose. The CC District is intended to provide areas for shopping, service, office, and entertainment establishments to service the needs of the entire community and the surrounding area. The uses permitted in this District should be of such character as to provide for comparative shopping needs, service and repair needs, specialized commercial activities and those establishments which cater primarily to the motoring public. The location of such areas should be such that stores and commercial activities can be grouped together in an attractive and convenient manner at locations that will not infringe on residential areas. It is also essential that areas for this District have excellent vehicular accessibility on major thoroughfares that service the community and surrounding area.

B. Uses permitted in the CC District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:

(1) Clubs, fraternal and service organizations.

[Amended 10-2-2000 by Ord. No. 2000-8]

(2) Public buildings, structures and services.

(3) Lumber and other building materials, retail.

(4) Heating, plumbing and electrical equipment, retail, including service contractors.

(5) Paint, glass and wallpaper sales, retail.

(6) Hardware sales, retail.

(7) General merchandise, variety, drug and major department stores.

(8) Food, retail.

(9) Apparel and accessories, retail.

(10) Furniture, home furnishings and office equipment, retail.

(11) Eating and drinking establishments.

(12) Finance, insurance, and real estate services.

(13) Personal services: laundry, barber, beauty, funeral.

(14) Business services: advertising, employment agencies, business management.

(15) Automobile repair and services.

(16) Repair services: electrical appliances, upholstery, jewelry.

(17) Professional services: medical, dental, legal, engineering, consulting.

(18) Contract construction services. (No outdoor storage of equipment or materials.)

(19) Theaters, bowling alleys, health and fitness clubs, swimming pools, skating rinks, amusements except arcades.

(20) Hotels and motels.

(21) Vehicle sales and service: autos, motorcycles, vans.

(22) Places of worship.

(23) Animal kennels and clinics.

(24) Specialty shops, retail.

(25) Amusement arcades in shopping centers only.

(26) Accessory uses and buildings, including coin-operated game machines not to exceed a maximum of three , except when located within a commercial recreation use, i.e., bowling alley, then the number of machines may exceed three, provided that no more that 50% of the area and usage of the establishment is devoted to such machines. Wireless facilities, support structures and related equipment as accessory uses shall be subject to § 112-19.1 above.

[Amended 1-10-2022 by Ord. No. 2021-18]

C. Special exceptions in the CC District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:

(1) Residential uses, only in conjunction with commercial uses [§ 112-62F(14)].

(2) Hospitals, institutions, convalescent and nursing homes [§ 112-62F(8)].

(3) Gasoline stations [§ 112-62F(5)].

(4) Private and commercial schools: dance, business, trade [§ 112-62F(11)].

(5) Shopping centers [§ 112-62F(15)].

(6) Nursery schools, child-care centers [§ 112-62F(10)].

(7) Convalescent or nursing homes [§ 112-62F(4)].

(8) Fire and rescue stations [§ 112-62F(20)].

(9) Elderly housing, apartments/condominiums [§ 112-62F(16)].

(10) Retail and commercial uses in excess of 65,000 square feet. [§ 112-62F(23)].

[Added 9-10-2001 by Ord. No. 2001-9]

(11) Freestanding signs. [§ 112-62F(25)].

[Added 1-16-2001 by Ord. No. 2000-6]

(12) Mixed-use development (MXU-CC) in accordance with § 112-39.1 below [§ 112-62F(29)].

[Added 9-11-2017 by Ord. No. 2017-7]

(13) Tobacco shops, vape shops, and cannabis businesses and hemp businesses that sell, dispense, otherwise distribute, store, extract, or otherwise process incidental to a dispensary operation authorized by the Town Code, but do not grow, cannabis or hemp, subject to the specific standards set forth in § 112-62F(30). The granting of a special exception to a cannabis business or hemp business to sell, dispense, otherwise distribute, store, extract, or otherwise incidentally process, product for medical purposes does not authorize the business to sell, dispense, otherwise distribute, store, extract or otherwise process product for recreational purposes, for which a separate special exception must be granted by the Board of Appeals. The granting of a special exception to a cannabis business or hemp business to sell, dispense, otherwise distribute, store, extract or otherwise incidentally process product for recreational purposes does not authorize the business to sell, dispense, otherwise distribute, store, extract or otherwise process product for medicinal purposes, for which a separate special exception must be granted by the Board of Appeals. The granting of a special exception for a tobacco shop or vape shop does not authorize the business to sell dispense otherwise distribute store extract or otherwise incidentally process cannabis or cannabis-containing product for recreational purposes, for which a separate special exception must be granted by the Board of Appeals.

[Added 11-6-2023 by Ord. No. 2023-39]

§ 112-39.1 Mixed-use development in CC District (MXU-CC) special exception.

[Added 9-11-2017 by Ord. No. 2017-7]

A. Purpose. The purpose of the MXU-CC is to facilitate the integrated and orderly development of residential uses and nonresidential uses where high-quality mixed-use developments can occur in harmony with surrounding land uses.

B. Objectives. The following objectives are sought with respect to MXU-CC:

(1) Provide a more attractive residential and nonresidential environment than would be possible through the strict application of conventional zoning district requirements.

(2) Encourage harmonious and coordinated development of sites that is consistent with the existing natural features, bicycle, pedestrian and vehicular circulation and compatibility with surrounding uses.

(3) Encourage development that is of excellent design and architecture with a mix of uses that will create synergy, efficiency of design, and a reduction of vehicle miles traveled.

(4) Create a mixture of office, retail, recreational, and residential uses, along with restaurants, eateries and cafes, where all related structures, parking, and open spaces are designed to establish and maintain a cohesive community while protecting the character of surrounding neighborhoods.

(5) Expand the opportunity to support diversified housing options within an integrated site design of varying land uses.

C. Permitted uses. An MXU-CC special exception shall combine one or more of the uses listed in Subsection C(1) below with one or more of the uses listed in Subsection C(2) below, up to a maximum of 25,000 square feet of floor space per single user, or up to a maximum of 65,000 square feet as permitted by, and under the conditions set forth in, Subsection C(4) below, subject to site plan review and approval.

(1) The following are the nonresidential permitted uses:

(a) Accessory uses and buildings customarily incidental to any permitted uses in this section.

(b) Administrative, financial, real estate, bank and professional offices.

(c) Banks and savings and loan institutions with or without drive-through service compliant with § 98-61E.

(d) Bed-and-breakfast establishments.

(e) Bookstores, with the exception of adult entertainment.

(f) Coffee shops, with or without drive-through services compliant with § 98-61E.

(g) Day-care facilities.

(h) Drugstores, with or without drive-through services compliant with § 98-61E.

(i) Health services such as medical, dental, optical offices.

(j) Home occupations.

(k) Laundry or dry-cleaning establishments, with or without drive-through service compliant with § 98-61E.

(l) Physical fitness facilities.

(m) Public buildings, structures and properties.

(n) Restaurants and lunchrooms, without drive-through service.

(o) Retail sales and service.

(p) Veterinary clinic, animal hospital.

(q) Video rental establishments, with the exception of adult entertainment.

(r) Clubs, fraternal organizations and service organizations [must meet specific standards contained in § 112-62F(3)].

(s) Hotels.

(t) Nursing home, including assisted-living centers [must meet specific standards contained in § 112-62F(4)].

(2) The following are the residential uses permitted:

(a) Townhouse.

(b) Dwelling, multifamily, to include apartments and condominiums.

(c) Dwelling, semidetached.

(d) Dwelling, detached.

(3) Accessory uses. The accessory uses allowed in mixed-use developments shall be those uses and structures customarily accessory and incidental to any permitted principal use or authorized conditional use. Accessory uses shall be screened from public view by walls, fencing, landscaping, or a combination of the three. Wireless facilities, support structures and related equipment as accessory uses shall be subject to § 112-19.1 above.

[Amended 1-10-2022 by Ord. No. 2021-18]

(4) The Planning Commission may consider uses that exceed 25,000 square feet up to a maximum of 65,000 square feet of floor space per single user only upon the finding that the applicant has met the burden of proof that:

(a) The use and relative scale of the building as proposed more likely than not meets or accomplishes the purposes, objectives and minimum standards of the zone, and other requirement of the Town Code;

(b) The use and relative scale of the building as proposed more likely than not will be internally and externally compatible and harmonious with existing and planned land uses in the MXU-CC and adjacent areas;

(c) Existing and planned public facilities are adequate to service the proposed development contained in the plan; and

(d) The plan, if approved, would be in the public interest.

(5) Nonpermitted uses. Notwithstanding provisions in § 112-39 above, the following uses shall not be permitted in an MXU-CC development:

[Added 11-6-2023 by Ord. No. 2023-39]

(a) Pawn shops.

(b) Vape shops.

(c) Cannabis businesses.

(d) Hemp businesses.

(e) Tobacco shops.

D. Minimum use percentage guidelines. Mixed-use developments shall incorporate the following residential-to-nonresidential ratios with respect to the site design and proposed land use:

(1) Required land use mix. Subject to the exception contained in Subsection D(2) below, residential-to-nonresidential land use mix shall represent a ratio of no greater than 75% residential and no less than 25% nonresidential, and no less than 25% residential and no greater than 75% nonresidential, of the net developable acreage, and in the case of mixed use within a single building project shall be no greater than 75% residential and no less than 25% nonresidential of the square footage of the building.

(2) Notwithstanding Subsection D(1) above, the Planning Commission may authorize greater land use mix ratios of up to but no greater than 85% residential and down to but no less than 15% nonresidential, or up to but no greater than 85% nonresidential and down to but no less than 15% residential, provided the applicant proves that:

(a) It is more likely than not that the development project would not be economically viable in the long term at any lower ratio of residential to nonresidential use, but would be economically viable in the long term at the proposed ratio, given current and forecasted market demands, the compatibility of surrounding land uses, the adequacy of public facilities and other similar factors;

(b) It is more likely than not that the development project meets or accomplishes the purposes, objectives and minimum standards of the zone, and other requirements of the Town Code;

(c) It is more likely than not that the development project will be internally and externally compatible and harmonious with existing and planned land uses in the MXD and adjacent areas;

(d) Existing and planned public facilities are adequate to service the proposed development proposed in the plan; and

(e) The plan, if approved, would be in the public interest.

E. Conditions to use. 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, vibrations, refuse matter or water-carried waste or otherwise create a nuisance.

F. Building height. No structure shall exceed 40 feet in height.

G. Location, dimension and buffer requirements. MXU-CC design shall promote a pedestrian-oriented environment through the placement of buildings in relation to public walkways, massing of buildings and related architectural elements, and give consideration as to the appropriate location of necessary amenities such as parking areas, trash containers, alleys, loading areas, etc. so as to limit them as much as possible from public view. During the concept plan phase of the development approval process, the applicant shall provide the Commission with a list of building setback requirements from public streets, or other structures within the development, and the property boundaries. Once approved by the Commission, these bulk requirements shall be included in the Pattern Book described in § 98-61B and govern development of the MXU-CC. Property boundaries that abut less intensive zoning districts shall contain suitable buffers to be delineated in the development plans and Pattern Book and approved by the Planning Commission. Buffer requirements may not be eliminated through consolidation of parcels outside the CC District.

H. Development plans. Any new use or a change of use involving structural additions or changes and any site improvements, to include grading and parking, to be undertaken within the MXU-CC shall require submission and approval of site and/or subdivision plans, as may be applicable, pursuant Chapter 98, including § 98-61.

§ 112-40 Building height regulations.

A. CC District. No building shall exceed three stories or 35 feet in height.

§ 112-41 Site plans required.

Whenever any new use or a change of use except residential or uses involving no new structures or any site improvements such as grading, parking, etc., is to be established within a NC or CC District, a site plan of development must be submitted to the Planning Commission and approved by them. Said site plan shall show proposed building location and use, driveways, parking and loading areas, landscaping, water and sewer facilities, storm drainage facilities and streetlighting, all showing relationships to adjacent development. The site plan shall conform to all specifications and requirements of the district and of Article VII, Design Standards, and Article VIII, Improvements, of Chapter 98, Subdivision of Land and Site Plan Approval.

A. Site plan format. In addition to the above requirements, the site plan shall comply with the plat requirements of Article X of Chapter 98, Subdivision of Land and Site Plan Review.

B. Site plan fee.

(1) A fee of $1,500 shall be paid by the developer for site plan review (includes sketch, preliminary, final and/or revised) when submitted to the Planning Commission.

(2) The fee is payable at the time of submission. Charges will include the cost of review by the Town's employees and consultants. At the conclusion of the review process, if total charges are less than the fee imposed, a refund will be given to the developer, and if more, the developer will be billed for the difference. Fifteen percent will be added to the total charges for the Town's cost of administration and overhead. The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing, the Town will withhold further review, approvals and/or issuance of any required permits until paid in full, together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.

§ 112-42 Required lot area, lot width, and yards.

	Minimum Lot Area (square feet)	Minimum Lot Widtha (feet)	Front Yard Depthb (feet)	Each Side Yardb (feet)	One Rear Yard In Depthb (Feet)
NC Neighborhood Commerciala, e	None	60	25	10	25
CC Community/ Commercialc, d	None	80	40	20	40

NOTES:

^aResidential uses in the NC Neighborhood Commercial District shall meet lot area, width, and yard requirements of the R-3 District.

^bNo side yard required when common or party walls are for structures on adjacent lots. Yards adjacent to a residential district (not lot) must be equal to the height of the building or required dimension, whichever is greater. Parking is permitted in the yard area provided that in the case of front yards, parking must be set back a distance equal to at least 1/2 the yard requirement.

^cWhenever a CC District abuts a residential district, a fifty-foot buffer yard area with no impervious area, except parking within 1/2 the yard distance, must be provided.

^dWhen attached structures are used, the minimum lot width may be reduced to 20 feet.

^eIn no case shall parking or driveways in NC and CC Districts be closer than 10 feet to a property line.

§ 112-43 Off-street parking and loading.

[Amended 3-2-2015 by Ord. No. 2015-1]

There shall be provided in the commercial districts adequate off-street parking and loading areas in accordance with the requirements in Article II. Temporary storage of motor vehicles and motor equipment is subject to the requirements for off-street parking set forth in § 112-7F, related to paving.

§ 112-44 Fencing.

No fence shall be erected to a height of greater than 10 feet in the commercial districts.