§ 153.1361 COMMERCIAL BUILDINGS.
   (A)   Applicability.
      (1)   Unless otherwise specified in this chapter, this section applies to any commercial building or structure.
      (2)   This section applies to any commercial building or structure located in the “MX” (Mixed Use) District or a traditional neighborhood development (TND) or transit-oriented development (TOD) use pattern.
      (3)   This section does not apply to any of the following:
         (a)   Car wash;
         (b)   Car, boat or marine craft dealers;
         (c)   Flea markets (out of doors);
         (d)   Lumberyard and building material sales with outside storage, wholesale or retail;
         (e)   Lumberyard and building material sales within enclosed buildings only, wholesale or retail;
         (f)   Photography studio;
         (g)   Rentals; and
         (h)   Vehicle repair and service.
   (B)   Big-box development.
      (1)   Generally. This section implements the goals and objectives of the Comprehensive Plan prohibiting excessive impacts of large-scale development upon downtown, commercial corridors or centers and neighborhoods, which depend upon walkability and viable mixed-use development to enhance their air quality, reduce traffic congestion, promote safety from traffic accidents and enhance their land-use plans.
      (2)   Large-scale commercial retail development.
         (a)   A commercial building or structure used for retail or wholesale sales, in whole or in part, shall not:
            1.   Exceed a GFA of 40,000 square feet; or
            2.   Store or display lumber, or building materials outside of a completely enclosed building.
         (b)   In a “CG” (Commercial General) or “D” (Downtown) District, the gross FAR may not exceed 60,000 gross square feet per building or structure, but the provision of subsection (B)(2)(a) above shall still apply.
         (c)   Every commercial building used for retail or wholesale sales, in whole or in part, that exceeds 25,000 square feet shall obtain a CUP prior to obtaining any development approval under the UDC. The application for the CUP shall include a traffic assessment, a fiscal impact assessment and an environmental impact assessment, along with the application for the CUP.
   (C)   Building structure.
      (1)   Base, middle and cap. Buildings exceeding two stories shall incorporate a base, a middle, and a cap described as follows:
         (a)   The base shall include an entryway with transparent windows as set forth in the ground-floor design standards (see subsection (D) below) and a molding or reveal placed between the first and second stories or over the second story. The molding or reveal shall have a depth of at least two inches and a height of at least four inches;
         (b)   The middle may include windows and/or balconies; and
         (c)   The cap shall include the area from the top floor to the roof of the building and a cornice or roof overhang.
      (2)   Alignment. Windowsills, moldings and cornices shall align with those of adjacent buildings. The bottom and top line defining the edge of the windows (the “windowsill alignment”) shall vary not more than two feet from the alignment of surrounding buildings. If the adjoining buildings have windowsill alignments that vary by more than two feet from one another, the proposed building shall align with one of the adjoining buildings.
   (D)   Ground-floor design.
      (1)   All buildings subject to this section shall have their principal entrance opening to a street, square, plaza or sidewalk. The principal entrance shall not open onto a parking lot. Pedestrian access from the public sidewalk, street right-of-way or driveway to the principal structure shall be provided through an improved surface.
      (2)   The ground floor of the entryway shall align with the sidewalk elevation. Sunken terraces or stairways to a basement shall not constitute entryways for purposes of this section. It is not the intent of this section to preclude the use of below-grade entryways, provided that such entryways shall not constitute a principal entryway and shall not be used to satisfy the distancing requirements of subsection (E) below.
   (E)   Street wall standards. Where a maximum front setback has been established, the front building wall or courtyard shall adjoin the sidewalk. The side setback shall be a minimum of zero feet and a maximum of ten feet.
   (F)   Windows and entryways.
      (1)   Windows above the ground floor shall have a ratio of height to width of at least 2:1.
      (2)   The uses on the ground floor shall be visible from and/or accessible to the street through the use of windows and doors on at least 50% of the length of the first-floor street frontage. At least 60% or more than 90% of the total surface area of the front elevation shall be in public entrances and windows (including retail display windows). Where windows are used, they shall be transparent.
      (3)   Solid walls shall not exceed 20 feet in length.
      (4)   All street-level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided. This standard shall not apply to any lot with a street frontage of less than 24 feet.
      (5)   Doors shall be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. An entryway shall not be less than one square foot for each 1,000 square feet of floor area, and in all cases shall not be less than 15 square feet.
      (6)   The maximum setback requirements may be waived by the Code Enforcement Officer for an area not to exceed 90% of the frontage in order to accommodate courtyards.
      (7)   Canopies, awnings and similar appurtenances may be constructed at the entrance to any building, subject to the criteria established in the Building Code.
   (G)   Pedestrian-oriented uses. In order to stimulate pedestrian activity, the first floor (street level) of any new building abutting a major arterial roadway, minor arterial roadway, or major collector roadway shall devote at least 50% of the net first-floor area to retail uses. Residential dwellings shall be permitted above or below the first floor of any building with commercial and/or retail uses.
   (H)   Mechanical equipment. Mechanical equipment, electrical meter and service components, and similar utility devices - whether ground level, wall mounted or roof mounted - shall be screened from view at the front property line. Exterior screening materials shall be the same as the predominant exterior materials of the principal building. In cases where the front property line is higher than the roof line of the subject building, no screening shall be required for a line of sight exceeding five feet six inches above the finished elevation of the property at the front property line.
(Ord. 3020, passed 9-10-2013, § 7.5)