[Amended 9-15-2014 by Ord. No. 960; 4-16-2018 by Ord. No. 1001; 7-16-2018 by Ord. No. 1007; 8-21-2023 by Ord. No. 1113]
The following are principal permitted uses in
the Commercial District:
A.
Community facilities.
B.
Offices.
C.
Health care facilities.
D.
Retail businesses.
E.
Theaters and restaurants.
F.
Personal service shops.
G.
Churches meeting Lot Specification H, Table I.
H.
Schools.
I.
Clubs, provided that any principal building or swimming
pool shall be located not less than 100 feet from any other lot in
any residential district.
J.
Uses related of the sale, rental, maintenance or storage
of passenger vehicles, including automobiles, bicycles, motorcycles,
trucks, boats, travel trailers and mobile homes, but not including
mobile home parks.
K.
Hotels and motels.
L.
Amusement centers.
M.
Veterinarian clinics.
N.
Wholesaling.
O.
Storage.
P.
Outside sales.
Q.
Laboratories less than 5,000 square feet of gross
floor area, but not including high explosives or hazardous chemicals
which would present an off-site hazard.
R.
Banks.
S.
Auto repair and service center.
T.
Distillery, craft.
U.
Childcare facility.
[Amended 9-15-2014 by Ord. No. 960; 4-16-2018 by Ord. No. 1001; 2-7-2022 by Ord. No. 1064; 8-21-2023 by Ord. No. 1113]
The Board of Appeals may permit the following
conditional uses:
A.
Funeral establishments, provided that the principal
vehicular access shall be located on a public right-of-way not less
than 50 feet wide and site illumination shall be limited to parking
areas and landscaped areas.
B.
Gas stations, provided no gas station shall be located within the
Chesapeake Bay at mean high tide critical area as shown on the Critical
Area Map.
C.
Flea markets and auction establishments, provided
that the activity and storage is conducted in a completely enclosed
structure.
D.
Public utility structures, telecommunication towers and facilities described under Chapter 145 of the City Code.
E.
Cemeteries.
G.
Bakery meeting Lot Specification O, Table I.
H.
Laundry, clothes cleaning, dyeing, carpet cleaning
and linen supply meeting Lot Specification O, Table I.
I.
Wholesaling meeting Lot Specification O, Table I.
J.
Offices meeting Lot Specification O, Table I.
K.
Retail sales meeting Lot Specification O, Table I.
L.
Banks meeting Lot Specification O, Table I.
M.
Personal service shops meeting Lot Specification O,
Table I.
N.
Distillery.
(1)
Any distillery shall conform to § 205-11, PERFORMANCE STANDARDS AND CONDITIONS, and the applicant shall provide expert, sworn testimony certifying that the proposed use will comply with said standards and conditions.
(2)
No distillery shall be located within 500 feet of any structure containing
residences.
(3)
All loading and unloading shall be permitted at the rear of the building
only, unless the view is fully screened from any public street or
adjacent residential use. Loading and unloading shall only take place
at a loading dock or other area integral to the principal building.
(4)
Any roof-top equipment used for the distillation process shall be
screened from view from any public street.
(5)
A craft distillery shall not produce more than 25,000 gallons of
intoxicating liquors per year.
O.
Pain management
clinic.
(1)
No
pain management clinic shall be permitted to be located within 1,000
feet of another pain management clinic, or within 2,000 feet of a
public or private school, day-care facility or public recreational
facility. For the purposes of establishing the distance between pain
management clinics, an applicant shall provide a certified survey
from a registered surveyor demonstrating the distance between the
proposed pain management clinic and the above-referenced uses. The
distance shall be measured from property line to property line.
(2)
The
hours of operation of a pain management clinic shall be limited to
7:00 a.m. to 5:00 p.m., Monday through Friday.
(3)
The
minimum size of any pain management facility shall be 1,000 square
feet.
(4)
The
dispensing of all medications shall be within an enclosed building.
(5)
Patients
shall not be permitted to loiter or congregate outside the facility.
P.
Laboratories
over 5,000 square feet in gross floor area.
Q.
Clean manufacturing.
R.
Uses related
of the sale, rental, maintenance or storage of commercial vehicles,
including automobiles, bicycles, motorcycles, trucks, boats, travel
trailers and mobile homes, but not including mobile home parks.
[Added 12-16-2019 by Ord.
No. 1026]
A.
Purpose. The intent of this section is to provide opportunities for
developments to mix multifamily residential uses with retail trade,
service and institutional uses, with an emphasis on creativity, quality
design, and in close proximity to mass transit within the C Commercial
District.
B.
Objectives.
(1)
To create a mix of commercial and residential uses within a
single structure or within multiple structures, where all related
structures, parking and open spaces are designed to function as a
cohesive and integrated site.
(2)
Encourage harmonious and coordinated development of sites, considering
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 contribute to the revitalization of commercial
corridors.
D.
Permitted uses. All uses permitted within the C Commercial District shall be allowed in a mixed use development except those expressly prohibited in Subsection E.
(1)
The Planning Commission may approve any commercial or institutional
uses not listed in the C Commercial District as part of a mixed use
development.
(2)
In approving any use that is not principally or conditionally
permitted, the Commission shall find that the proposed use will not
be detrimental to, or adversely impact, the residential uses within
the development.
(3)
Multifamily residential units shall comprise no more than 75%
of the gross floor area when a mix of commercial and residential uses
are proposed within the same building.
(4)
If standalone commercial buildings are proposed, the commercial
component shall be a minimum of 5,000 square feet, or 15% of the building
footprint of all multifamily residential buildings, whichever is greater.
(5)
Commercial uses may be located within the first floor of a multifamily
residential building or within separate buildings.
(a)
If a developer proposes to utilize a multifamily residential
building for commercial uses, the exterior of the commercial space
must be finished and the interiors must be finished to the point of
being able to obtain a certificate of occupancy for the multifamily
residential portion of the building.
(b)
If a developer proposes standalone commercial buildings, the
pad site(s) for the commercial buildings must be rough graded and
stabilized with utilities extended to the pad site prior to the issuance
of a certificate of occupancy for any multifamily residential building
within the development.
(6)
Hotels are permitted in a mixed use development and do not count
towards the percentage of commercial use.
E.
Prohibited uses.
(1)
Adult entertainment activities or related businesses.
(2)
Automotive and other vehicle repair, services, and gas stations.
(3)
Commercial equipment repair and rental.
(4)
Industrial uses.
(5)
Uses that store or ship flammable liquids or hazardous materials.
(6)
Convenience stores.
(7)
Any establishment engaged in the sale of tobacco, or those businesses
commonly referred to as "vape shops."
(8)
Restaurants with drive-through windows.
(9)
Mini-warehousing or mini-storage.
(10)
Liquor stores.
(11)
Any methadone clinic or medical marijuana dispensary.
(12)
Pawn shops or secondhand merchandise shops.
(13)
Any other activity or use determined by the Director of Planning
to be incompatible with residential activities and/or to have the
possibility of adversely affecting the health or safety of residents
within, or adjacent to, a mixed use project because of the potential
for the use to create excessive dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration, or other impacts, or to be
unreasonably hazardous because of materials, processes, products or
wastes.
F.
Density. The residential density within any mixed use project shall
not exceed 15 units per gross acre.
G.
Site design.
(1)
The project shall provide a unified arrangement of buildings,
service areas, parking, open spaces and landscaped areas.
(2)
Site design shall incorporate elements that foster community
interaction, such as outside plazas and eating areas, ponds or fountains,
public art or other amenities that generally serve the public.
(3)
The mixed use development may include the subdivision of individual
building sites or the creation of lease spaces for freestanding buildings.
The project shall function as a cohesive commercial center with pedestrian
linkages between the buildings and amenities, as well as linkages
to adjacent parcels and the public right-of-way.
(4)
The architecture, site design, lighting and signage shall incorporate
consistent and coordinated design and theme elements.
(5)
Sidewalks shall be provided along the road frontage of each
project when a project is adjacent to undeveloped parcels or is adjacent
to parcels that have existing sidewalks along the road frontage. Provisions
shall be made to allow for internal pedestrian connections to adjacent
parcels where appropriate.
H.
Building design standards. An architectural rendering of the building
facade and elevations of the structures shall be submitted to the
Department of Planning as part of the site plan approval process.
The architectural renderings submitted with the application for site
plan approval require approval by the Planning Commission. The rendering
shall demonstrate how the project will meet the following standards
and objectives:
(1)
Emphasis should be placed on enhancing the appearance of the
commercial corridor through innovative building design utilizing a
range of colors, textures and materials to break up the monotony often
found in large commercial and multifamily residential buildings.
(2)
Building exterior. At least three of the following categories
of architectural features shall be incorporated into street-facing
facades:
(3)
The roof pitch of new residential buildings shall range between
7:12 and 12:12. The roof pitch of porches, wings and other projections
shall equal or exceed that of the lowest pitch of the principal roof.
(4)
No exterior stairways shall be visible from a public street.
(5)
At least 30% of the surface area of each building facade shall
be brick, natural stone or faux stone veneer.
(6)
Individual balconies shall not span more than 1/3 the length
of the facade. Balconies that face an interior driveway, or which
are not visible from a street, are exempt from this requirement.
(7)
Street-facing facades shall include offsets in the wall plane
to break down the mass of residential buildings into smaller units:
(8)
For every 40 feet of horizontal roof plane (measured at the
roof eave) on street-facing facades, a gable, dormer, or other change
in roof plane must be provided.
(9)
A minimum of three different and significantly contrasting colors
shall be used on all facades of a building.
(10)
The use of split-face concrete block is prohibited for use in
the construction of any building within a mixed use development.
(11)
The roof eave overhang of new residential buildings shall be
at least one foot.
(12)
A multifamily residential building shall be limited to five
stories, including any commercial levels.
(13)
The Planning Commission may approve building designs that do not meet the specific requirements of this Subsection H, if the developer proposes innovative designs that are consistent with the spirit and intent of this Subsection H and incorporate New Urbanist and traditional neighborhood design principles.
I.
Mechanical equipment, trash receptacles and loading areas.
(1)
Mechanical equipment is not allowed to be mounted above the
roof surface, unless architectural treatments fully obscure the equipment
from horizontal view.
(2)
Ground level mechanical equipment shall not be mounted above
the ground surface, and shall be obscured by fences or walls.
(3)
Loading and refuse/recycling areas. Commercial loading areas,
recycling areas, and refuse storage facilities for the commercial
and other nonresidential uses shall be located a minimum of 100 feet
from residential units and shall be substantially screened from view
from the residential portion of the project. Where appropriate, the
project may provide for the shared use of recycling and refuse storage
facilities. Trash enclosures shall be obscured from view by a fence
or wall at least six feet in height.
(4)
Commercial uses shall provide sufficient loading areas that
do not interfere with drive aisles or parking.
K.
Open space.
(1)
A minimum of 10% of the parcel shall be dedicated to open space
within the project. A total of 50% of the required open space shall
be in the form of active open space. This provision can be met through
the installation of macadam-based walking trails, recreational courts,
or similar amenities.
(2)
The open space areas and amenities may be shown on a separate
plan, or incorporated as part of the landscape plan for approval by
the Planning Commission.
(3)
Bicycle racks shall be provided at or near the entrance to every
building in the project.
L.
Parking.
(1)
Notwithstanding the parking provisions contained in Chapter 122, Off-Street Parking, two parking spaces per unit are required for multifamily residential uses in the C Commercial District.
(2)
Shared parking provisions. A portion of the required residential
parking may be provided on an adjacent property, provided that:
(a)
The underlying zoning of the adjacent property permits parking
for the principal use of the site being developed.
(b)
There is adequate parking to meet the parking requirements for
all uses served by the parking.
(c)
The shared parking area is located less than 300 feet from the
entrance of the primary building located on the site being developed.
(d)
The shared parking area is subject to a shared parking agreement
made between current owners of the properties. The agreement shall
be recorded in the land records of the county. The agreement shall
be reviewed and approved by the City Attorney prior to recordation.
All shared parking agreements must also contain a provision for maintenance
of the parking area.
(e)
The parking area must have safe vehicular or pedestrian access
from the shared parking area to the subject property.
(f)
The required parking area shall be paved with an impervious
surface, or a combination of impervious and pervious surfaces, as
authorized by the Directors of Planning and the Department of Public
Works.
(g)
Parking for residential uses shall be clearly designated.
(h)
The shared parking area shall have sufficient lighting to ensure
safety for pedestrians.
M.
Lighting. A lighting plan shall be submitted at the time of site
plan application for approval by the Planning Commission.
(1)
The plan shall provide a description of the type and location
of lighting fixtures and the light intensity and shielding provisions
to be used.
(2)
Lighting fixtures shall be compatible and consistent with the
architecture of the proposed buildings.
(3)
Lighting shall be designed, installed and maintained in a manner
not to cause a glare or reflection on adjacent parcels.
(4)
Dark-sky lighting practices shall be utilized and specified
on the lighting plan, including the shielding and dimming of light
fixtures.
N.
Landscaping. A landscaping plan shall be submitted at the time of
site plan application.
(1)
Street trees or individual tree landscaping shall be provided
at a ratio of one tree per 10 parking spaces.
(2)
Street trees shall also be provided along all public roads and
internal drives at a ratio of one tree per 40 feet of road or driveway.
(3)
All islands internal to the parking area shall be landscaped
with street trees.
(4)
Native trees that are two-inch caliper at the time of planting
shall be used for all street tree plantings. Street trees species
shall be suitable for planting adjacent to sidewalks and approved
by the Department of Planning.
(5)
Foundation plantings shall be provided for all buildings.
O.
Maintenance of common facilities. Where there is more than one property
owner with shared interest in maintaining common facilities related
to lighting, fencing, signs, landscaping, stormwater management, shared
parking, etc., a joint owners' association shall be formed and a maintenance
agreement executed outlining the responsibilities and duties. The
agreement shall clearly identify those individuals or entities obligated
and responsible for maintaining the common facilities in accordance
with the standards and requirements of this chapter and the conditions
of any applicable permit. The agreement shall be subject to review
and approval by the City Attorney.
Accessory uses and structures customarily incidental
to any principal use or authorized conditional use shall be permitted
without hearing and shall include, but not be limited to:
