(a) Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G” and “H” and to large retail stores in “I,” “J” and “K” that are located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property.
(1) Applicability. The following regulations apply to:
a. Large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district; and
b. Large retail stores in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, provided, however, the regulations do not apply if there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. For purposes of this section
RESIDENTIAL PROPERTY means a one- or two-family residential district or property used for one- or two-family residential purposes. Measurement shall be from the property line of the large retail store to the boundary line of a one- or two-family residential district or the property line of property used for one- or two-family use.
(2) Standards and guidelines. Standards and guidelines set out below require a basic level of architectural variety, compatible scale and mitigation of negative impacts. “Guidelines” are not mandatory, but are provided in order to educate planners, design consultants, developers and city staff about design objectives. “Standards” are mandatory.
(3) Landscape and buffering on streets. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301, a minimum 20-foot irrigated and landscaped bufferyard shall be provided along all street frontages to screen the view of the property from the public rights-of-way. Such screening shall be provided using hedges, berms or mass plantings to a height of not less than 24 inches with live groundcover. A minimum of one three-inch caliper canopy tree every 50 feet shall be provided with a mature height of 25 feet by industry standards.
(4) Landscaping in parking lot. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301 and the 20-foot landscaped bufferyard described above, one three-inch caliper tree within an irrigated landscape island of not less than 150 square feet with live groundcover shall be provided for every 100 parking spaces, or fraction thereof. A separate irrigated landscape island is required for every 100 parking spaces; the required 150-square foot landscape areas cannot be combined to create fewer, larger landscape islands. In addition, each end of a parking strip shall have an irrigated landscape island planted with a minimum of one three-inch caliper tree and three shrubs within an area of not less than 300 square feet with live ground cover. Additional landscaping is required if parking exceeds one space per 250 square feet of gross floor area, in accordance with subsection (a)(10) below.
(5) Building materials and color.
a. Guidelines. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the surrounding area.
b. Standards.
1. Materials. All building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall) shall be of architectural block, brick, stone or tinted, textured concrete masonry units. Tilt-up concrete construction is permitted, provided the exterior surface is textured or covered with brick, stone or material fabricated to simulate brick or stone. Stucco and EIFS (exterior installation finished system) are permitted, up to a maximum of 30% of a facade area. Smooth concrete block and prefabricated steel panels are prohibited.
2. Colors. Except for brick or stone, surfaces shall be painted in subtle, neutral or earth tone colors, specifically including without limitation white, tan, brown and gray. Trim and accent areas may feature brighter colors, including primary colors. Metallic or fluorescent colors are prohibited. Accent colors on each facade shall be limited to a maximum of 25% of the facade area for logo colors and a maximum of 10% of the facade area for other accent colors. A logo color is a color commonly used by a large retail store as an identifying characteristic.
(6) Architectural features.
a. Guidelines. Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest.
b. Standards. Architectural features on building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements. No uninterrupted length of any facade shall exceed 100 feet. See illustrations of architectural features attached as Exhibit “A-1.”
1. Variation in color and materials;
2. Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade, not to exceed 100 feet;
3. Variation of a minimum of two feet in the height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;
4. Pilasters projecting from the plane of the wall by a minimum of 16 inches. The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged;
5. Canopies projecting a minimum of ten feet from the plane of the primary facade walls; and
6. Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 50 feet.
(7) Attached signs. Attached on-premises signs shall be limited to 10% of each wall face. No wall signage shall be back-lighted or illuminated to such an intensity or brilliance as to cause glare or impair vision.
(8) Detached signs. Detached on-premises signage shall be limited to one sign per large retail store; provided, however, two signs shall be permitted when the large retail store is located on a corner lot or through lot. A sign shall be located at the main entrance to the property. The sign(s) shall be of monument type no larger than 128 square feet in area and eight feet high. In the alternative, a unified sign agreement may be approved in accordance with § 6.410(f). Such uniform sign agreement shall not be restricted by the 128-square foot area and eight-foot height limitations. Signs shall not be illuminated to such intensity or brilliance as to cause glare or impair vision. Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or residential property.
(9) Outdoor display, sales and storage.
a. Applicability. The outdoor display, sales and storage regulations in this section apply to the following retail establishments:
1. General merchandise stores and home improvement stores in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” intensive commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. All large retail stores in the “E,” “FR,” “F,” “G” and “H” districts, other than general merchandise stores and home improvement stores, shall comply with the outdoor storage and display requirements in § 5.306; and
2. Large retail stores, including without limitation general merchandise stores and home improvement stores, in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. Outdoor display, sales and storage are permitted for all large retail stores in the “I,” “J” and “K” industrial districts that are not within 500 feet of residential property or where there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property, subject only to compliance with height, setback and other development regulations for the applicable district.
b. Sidewalk display and cart storage. “Sidewalk” display is a term commonly used in the retail industry to describe display areas along the front of a building. Nothing herein permits storage, display or sale of any item on property that has been dedicated for public use. Sidewalk display and cart storage in the sidewalk display area are subject to the following restrictions.
1. Merchandise may be displayed and carts may be stored within 20 feet of the front of the building.
2. No single item may exceed 12 feet in height.
3. Items may not be stacked to exceed six feet in height.
4. A clearly delineated pedestrian walkway at least four feet in width shall be provided contiguous to the 20-foot display and cart storage area to provide unimpeded pedestrian access to the building.
5. An area the width of the customer entrance and exit door(s) plus 15 feet on either side of the door(s) shall be maintained clear of merchandise and carts to allow unimpeded pedestrian access to the building.
6. Areas for customer loading of merchandise shall be clearly delineated and shall not be located in front of any customer entrance or exit door(s) or within 15 feet on either side of the door(s).
7. This section does not prohibit storage of carts in the parking lot, but merely regulates storage of carts in the sidewalk display area.
8. Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.
c. Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the building in accordance with this subsection (a)(9)c. The total square footage of all permanent outdoor storage, display and sales areas permitted by subsections (a)(9)c.1., (a)(9)c.2. and (a)(9)c.3. below shall be limited to 10% of the footprint of the building, but in no event shall exceed 15,000 square feet. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within 100 feet of residential property. Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.
1. Permanent outdoor display, storage and sales: general merchandise stores. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees shall be visible above the wall or fence.
2. Permanent outdoor display, storage and sales: home improvement stores. The permanent storage, display and sales area shall be enclosed by a chain link fence covered with windscreen or wall of like material to the building with a minimum height of eight feet. Windscreen shall be maintained in good repair and free of tears. Merchandise may be stacked up to 25-feet high or level with the top of the adjacent side wall, whichever is lower, but may not be stacked above the height of the wall or fence. The roofline on the front facade shall have architectural features, such as gables or parapets, to obscure merchandise stored in the area.
3. Large retail stores in “I,” “J” and “K” industrial districts within 500 feet of residential property (other than home improvement stores, which are subject to subsection (c)(2) above), unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees may be visible above the top of the wall or fence.
d. Seasonal outdoor display and sales: Christmas trees may be displayed for sale. In addition, bedding plants, trees, shrubs, potting soil and bagged yard products including without limitation fertilizer, bark, mulch, peat moss and play sand may be displayed from March 15 to June 15. The seasonal outdoor sales area shall be limited to 10% of the footprint of the building but in no event shall exceed 12,000 square feet. No merchandise may exceed five feet in height, except Christmas trees.
e. Rear storage: bulk merchandise may be stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped bufferyard pursuant to subsection (b)(2) below. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to customers. Merchandise shall be stacked no higher than 25 feet or level with the top of the adjacent side wall of the building, whichever is lower, and may not be stacked above the height of the chain link fence.
(10) Parking. A minimum of one parking space per 250 square feet of gross floor area, or fraction thereof, shall be provided. Additional parking may be provided, with a maximum of one space per 200 square feet of gross floor area, or fraction thereof. An irrigated landscape island of at least 150 square feet with one three-inch caliper tree and live groundcover, in conformance with subsection (a)(4) above, shall be provided for each 50 parking spaces, or fraction thereof, exceeding one space per 250 square feet of gross floor area. These requirements supersede the parking requirements of § 6.201(b). All other requirements of Chapter 6, Article 2, “Off-Street Parking and Loading” requirements apply. In the event of any inconsistency, the stricter requirements shall apply.
(11) Parking lot lighting. Light poles shall be no more than 35 feet in height and painted black, dark gray or dark green or have bronze oxidant protective coating. The main entrance shall be lit to be distinguishable from surrounding ambient lighting. See subsection (b)(8) below for additional lighting requirements within 140 feet of residential property.
(12) Vehicular access. No large retail store shall be located on a public right-of-way or private street less than four lanes (two in each direction) on at least one side of the property.
(13) Traffic impact study. Where traffic generated by the project is anticipated to exceed 4,000 trips per day, as determined by the director of the department of transportation and public works or his or her designee, a traffic assessment shall be required defining on-site and off-site improvements necessary to accommodate the impacts of the project.
(b) Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G,” “H,” “I,” “J” and “K” in proximity to residential property.
(1) Applicability. The following regulations apply to large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial, “H” central business, “I” light industrial, “J” medium industrial and “K” heavy industrial districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. The wall and buffering requirements of subsection (b)(2) below apply only to large retail stores that share a common boundary with residential property or whose property line is less than 20 feet from residential property. Subsection (b)(3) below establishes setback requirements from residential property. Subsections (b)(4) through (b)(7) below establish restrictions on certain activities within 100 feet of residential property. Subsection (b)(8) below establishes lighting requirements within 140 feet of residential property. RESIDENTIAL PROPERTY means a one-or two-family residential district or property used for one- or two-family residential purposes. See illustration of regulations applicable within 100 feet of residential property attached as Exhibit “A-2.”
(2) Wall and landscaped bufferyard. An eight-foot masonry wall of brick, stone, split block or concrete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels. If the large retail store property and residential property are separated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. In addition to the landscape requirements of § 6.301, a 20-foot wide irrigated and landscaped bufferyard shall be provided with three-inch caliper canopy trees with a mature height of 25 feet by industry standards planted every 20 feet in an overlapping pattern such that the canopy creates a solid visual screening at maturity and live groundcover.
(3) Setback. All structures shall be set back three feet from all one- or two-family residential districts or the property line of all property used for one- or two-family residential purposes for each one foot in overall vertical building height. For the purpose of determining such setback, building height shall be measured from the lowest finished grade along the building face to the peak of the roof on the building facade facing residential property.
(4) Activities and equipment permitted within 100 feet of residential property. The area within 100 feet of residential property may be used only for driveways, emergency access easements, employee parking, paving, landscaping and maneuvering space.
(5) Pickup and delivery.
a. Distance requirements from residential. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within 100 feet of residential property. Loading docks shall be located more than 100 feet from residential property.
b. Additional night-time restrictions. No delivery vehicle may be driven within 100 feet of residential property between the hours of 10:00 p.m. and 7:00 a.m. No delivery vehicle within 100 feet of residential property shall have its engine, refrigeration unit or generator running between the hours of 10:00 p.m. and 7:00 a.m. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 10:00 p.m. and 7:00 a.m. provided that all activity occurs inside the truck or trailer or within the building.
(6) Trash collection and compaction. Trash collection and compaction may not occur within 100 feet of residential property.
(7) Mechanical equipment. No mechanical equipment may be located within 100 feet of residential property. Mechanical equipment shall be screened in accordance with § 6.301(d).
(8) Lighting. Lighting within the 20-foot bufferyard adjacent to residential property shall not exceed one foot candle at ground level. Light poles within 140 feet of residential property shall not exceed 20 feet in height and shall be shielded away from residential property. All other light poles shall not exceed 35 feet in height. All light poles shall be painted black, dark gray or dark green or have bronze oxidant protective coating.
(9) Pedestrian walkway. A pedestrian walkway shall be provided between any public transportation stop adjacent to the large retail property and the main entrance. The pedestrian walkway shall be clearly delineated with pavement striping and shall be a minimum of six feet wide.
(c) Variances by board of adjustment. As provided by state law, the board of adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the section would result in unnecessary hardship, and so that the spirit of the section is observed and substantial justice is done. As provided by state law, a “hardship” does not include financial hardship resulting from compliance with this section. The city manager or a designee shall report monthly to the city council any variances granted to this section.
(d) Expansion. Any building expanded to a footprint exceeding 50,000 square feet to be used as a large retail store shall comply with the provisions of subsection (a) above or shall be located in a planned development district.
(Ord. 14331, § 5, passed 9-5-2000; Ord. 14624, § 12, passed 5-15-2001; Ord. 17093, passed 8-8-2006)