Subject to site plan approval by the Planning Board, buildings
and related site development devoted to suitable, integrated, compatible
with families, proportional, and neighborhood-scaled retail business,
personal service establishment or office uses not cumulatively to
exceed for the R-MF-3 District, 1% of permitted floor space of the
residential development or 15,000 square feet whichever is less, or
for the R-MF-5 District, 1.5% of permitted floor space of the residential
development or 25,000 square feet whichever is less. Illustratively,
gasoline filling stations, fast-food establishments, adult use establishments,
bars, and similar nonresidential uses are unsuitable. The Planning
Board shall evaluate and approve each specific nonresidential establishment's
occupancy proposed either during or after the issuance of site plan
approval in order to assure continuing adherence to the approval as
issued, or any and all conditions attached to the approval of such
mixed-use development. The following additional and nonexclusive standards
are relevant:
[1]
The accessory nonresidential development should be located and
integrated within a common area of the project, but this shall not
foreclose the potential for a mixture of residential and nonresidential
space in the same buildings located within the common area;
[2]
A mix of smaller traditional neighborhood nonresidential uses
is preferred to fewer and larger establishments;
[3]
Maximum building length standards may be modified by the Planning
Board to accommodate sound integration of traditional neighborhood
establishments as envisioned by this subsection, or to accommodate
the mixture of residential units within the buildings proposed to
house such nonresidential establishments;
[4]
There shall be no outdoor display or sales activities, with
the exception of unobtrusive outdoor dining opportunities approved
by the Planning Board.
[5]
Suitable hours of operation shall be established by the Planning
Board, keeping in mind the accessory and exceptional nature of nonresidential
uses within a multifamily residential development; However, in no
case shall establishments be permitted to operate outside of the hours
of 7:00 a.m. and 10:00 p.m.
[6]
No drive-through or drive-up facilities shall be allowed;
[7]
All related site development shall promote a pedestrian and
bicyclist accommodating environment;
[8]
Nonresidential parking requirements shall apply to the spaces
approved for the accessory nonresidential uses, although the Planning
Board may waive and vary those parking requirements, or allow the
sharing of identified parking areas or opportunities by both residential
and nonresidential users, particularly if such site development may
yield additional and usable green areas;
[9]
All signage shall be approved by the Planning Board in accordance
with the standards established in this chapter, or such more stringent
standards or designs that better promote a traditional neighborhood
appearance;
[10] Schedules for cleaning of nonresidential premises
and related site development, emptying of trash receptacles, policing
premises for litter removal, and similar upkeep shall be considered
by the Planning Board; and
[11] Strict controls on noise generation, such as commercial
background music, or amplified verbal announcements or messages, shall
be considered by the Planning Board.