§ 1-19-7.520. MIXED USE.
   In accordance with the site plan review process provided in §§ 1-19-3.300 through 1-19-3.300.4, the following provisions shall be applicable in the Mixed Use (MX) District.
   (A)   Storage and operations. Notwithstanding other provisions of this code, all operations and the storage of equipment, materials, or products in the Mixed Use District shall be conducted within completely enclosed buildings. Storage may be permitted outdoors only when completely screened by a wall, opaque fence, or planting so that such materials will not be visible from a public way or adjoining property. The most appropriate screening for the use and approval for outdoor display of products shall be determined at the time of site development plan review.
   (B)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.
   (C)   Development shall comply with adopted County Community or Corridor Plans for the area where the development is proposed.
   (D)   Utilize building mounted or monument signs rather than pylon signs.
   (E)   Site development and layout. The following site development and layout standards shall be met at the time of Site Development Plan Review:
      (1)   Facilitate safe and convenient access to public transit through building placement and site design in accordance with the Frederick County Transit-friendly Design Guidelines.
      (2)   Orient buildings so that rear entrances and rear façades face away from roadways, pedestrian and public areas.
      (3)   Orient as many buildings as possible to pedestrian ways, public streets, or internal roadways in larger developments.
      (4)   Provide for the concentration of service entrances, mechanical equipment, utilities and non- public facilities (i.e. refuse containers or outside storage) away from public access areas.
      (5)   Mark or construct pedestrian walkways and crossings of materials that provide a distinction from areas of vehicular movement.
      (6)   Locate parking predominantly to the side and or rear of buildings and design the parking areas to facilitate pedestrian movement.
      (7)   Parking lots shall not create long expanses of empty street frontage.
      (8)   Design projects to link to existing and planned road networks, incorporate an interconnected street grid, and avoid commercial 'strip' development where vehicular access is achieved directly to a collector classification roadway or higher.
      (9)   Design projects to facilitate joint use, shared parking, and the use of parking structures. Evaluation factors include: building and parking placement, mixture of land uses, and parking recommendations contained within the adopted community or corridor plan where the project is proposed.
      (10)   Provide shared access and interior drives with allowance for interconnection between properties where feasible. The Planning Commission may require consolidation of multiple access points in complying with this standard. At the rear of properties access should be provided by alleyways or parking lot interconnections.
   (F)   Building massing and bulk. The following building massing and bulk standards shall be met at the time of site development plan review:
      (1)   Individual structures shall not exceed the maximum building footprint as provided within the adopted county community or corridor plan.
      (2)   Incorporate pedestrian scale building design and architectural elements at building entrances and where abutting a public right-of-way. Evaluation factors include: balconies, terraces, windows, canopies, porches, and benches.
      (3)   Provide a primary pedestrian entrance onto a street, square, plaza, or sidewalk.
      (4)   Design and construct buildings to include finishes and materials of consistent quality and design on all sides such as: changes in building plane, windows, doorways, entrances, overhanging eaves, and shutters. Buildings shall not include long expanses of undifferentiated façades and long plain wall sections.
      (5)   Design and construct buildings with materials and architecture of traditional villages and towns throughout Frederick County and Central Maryland, unless otherwise provided within adopted county community or corridor plans.
      (6)   Locate and design buildings with consideration to the surrounding development with regard to scale and setbacks.
   (G)   Modifications.
      (1)   The Planning Commission may modify the development standards in § 1-19-7.520(D) through (F), lot area, lot area per unit, lot width, setback, and height requirements (as provided in § 1-19-6.100 Design Requirements) for the MX District and maximum building footprint as provided in § 1-19-7.520(F)(1). The Planning Commission may approve a modification where a specific finding is made that:
         (a)   The modification is in conformance with the adopted county community or corridor plan; and
         (b)   The modification provides for an improved design that furthers the goals within the adopted county comprehensive, community, or corridor plan, and would not otherwise be possible within the existing regulations; and
         (c)   All other provisions of this chapter are met.
      (2)   Where MPDUs are provided the modification shall not exceed the area, width, yard, and height measurements as provided in § 1-19-8.620.5.
      (3)   The Planning Commission may require modifications to building and site design where an increase in maximum building footprint has been granted, to address potential negative impacts on surrounding properties that may result from the increase. The building and site design modifications may include: location of public access, buffering and screening, landscaping, lighting, outdoor recreation areas, building location and orientation.
   (H)   Multiple structures and mixed uses.
      (1)   Mixed-use development is encouraged in the MX District including a mixture of residential, commercial and employment uses within a structure, a lot or the district. Multiple principal structures and uses on an individual lot are permitted within the MX District when approved by the Planning Commission through the Type I Site Plan Review process (§§ 1-19-3.300 through 1-19-3.300.4) where the Planning Commission finds that the following criteria have been met in addition to the other provisions in this section:
         (a)   Where identified within an adopted county community or corridor plan, residential, commercial, or employment land uses, or a mixture thereof, shall be provided. The mixture of land uses shall comply with the adopted community or corridor plan and be approved by the Planning Commission.
         (b)   Land uses shall be integrated through provision of the following: bicycle, pedestrian, transit, and vehicular connections between uses; site design and building placement that facilitates land use interaction rather than separation; land use location that provides for a transition between land uses in both design and intensity, rather than segregation of land uses.
         (c)   Multiple structure and mixed use development that includes a residential component shall provide a common plaza/green area (not including swimming pools or playgrounds), in addition to all other landscaping and setback requirements, at the following rate: 363 square feet of common plaza/green area per 2,000 square feet of gross floor area or portion thereof. A green roof may be considered toward meeting common plaza/green area requirements.
         (d)   Where provided in (c) above, the common plaza/green area shall be centrally located to act as a focal point to the development.
         (e)   To the greatest extent feasible shared and joint use parking shall be integrated into the overall parking plan to achieve a reduction in on-site parking and impervious surface. Evaluation shall include the feasibility of utilizing parking structures in meeting on-site parking requirements.
   (I)   Review and approval procedures.
      (1)   Concept plan. Development requiring site development plan review, as provided in § 1-19-5.310 Use Table, shall receive concept plan approval from the Planning Commission or its authorized representative as the first step in the development review process. The concept plan, submitted in conformance with § 1-19-3.300.2(B), shall demonstrate:
         (a)   The manner in which the standards within this section have been met by the proposed development; and
         (b)   The manner in which the proposed development conforms to adopted county community or corridor plans for the area where the development is proposed.
   (J)   The provisions of this section shall apply to all site development plans or amendments to approved existing site development plans filed on or after December 2, 2011.
(Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014)