[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.
(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.
(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)].
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.
(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.
[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:
[3] Specialty food store (e.g., health
foods or dietary supplements);
(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;
[5] Restaurant (with and without liquor
sales);
[6] Pub or bar (which may serve food
and provide entertainment);
[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:
[2] Consignment sales or other shops
for the sales of used items of similar nature as otherwise permitted
in this section;
(f)
Clothing, apparel and accessory sales as follows:
[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:
[6] Computer services and repair;
[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;
[14] Film sales and processing;
[15] Pet grooming and pet supplies;
[16] Taxidermy sales and services;
[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;
[5] Carving and furniture fabrication
or repair or restoration.
(i)
Gift or specialty stores as follows:
[3] Newspapers and magazines;
[4] Antiques and collectible sales;
[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;
[6] Bed, bath and linen stores;
[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
(l)
Hobby and special interests sales as follows:
[1] Sporting goods, including hunting
and archery supplies, sales and repairs;
[3] Medical, health and wellness supplies
and equipment;
[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] Flowers, plants and garden supplies with a maximum of 1,000
square feet of outdoor displays;
[5] Telephone/telecom sales and services;
[6] Eyeglasses, sunglasses preparation
and sales, optician ophthalmologic services;
[7] Cosmetics and beauty supplies;
and
(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]
[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;
(g)
Teen, community or senior centers;
(j)
Conference/meeting spaces;
(n)
Bed-and-breakfast establishments.
(3)
Financial uses. The following specified financial
uses:
(a)
Banks (without drive-through windows);
(4)
General office uses. The following general office
uses:
(a)
Medical/dental/chiropractic clinics;
(b)
Real estate agent or broker;
(d)
Insurance agent or broker;
(e)
Accountants and lawyers offices; and
(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]
(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;
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.
[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.
(i)
Drugstores, with the exception of medical dispensaries.
(k)
Furniture upholstering and repair.
(l)
Health services, such as medical, dental, optical offices.
(m)
Hotels, with or without conference rooms.
(o)
Laundry or dry-cleaning establishments.
(p)
Municipal government services.
(q)
Physical fitness facilities.
(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:
(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)].
E. Nonpermitted uses. The following uses shall not be permitted in the
MXD Zone:
(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.
[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)].
(3) Churches, schools, libraries and community centers [§
112-62F(19).
(4) Convalescent, nursing homes or assisted living facilities [§
112-62F(4)].
(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.
[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.
(h)
Drugstores, with or without drive-through services compliant with §
98-61E.
(i)
Health services such as medical, dental, optical offices.
(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)].
(t)
Nursing home, including assisted-living centers [must meet specific standards contained in §
112-62F(4)].
(2)
The following are the residential uses permitted:
(b)
Dwelling, multifamily, to include apartments and condominiums.
(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]
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.
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.
[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.
No fence shall be erected to a height of greater
than 10 feet in the commercial districts.