(a) Purpose.
(1) This district is intended to continue the existing land use pattern of the area, which is characterized by a predominance of retail and service establishments that serve both the immediate residential neighborhoods as well as the greater community. The commercial uses in this district are oriented toward State Route 91, but traffic congestion and difficulties with access plague existing commercial and retail users. The regulations set forth in this district are intended to reinforce existing commercial uses, and allow their compatible redevelopment as long as these uses continue to be oriented toward State Route 91, will not aggravate existing traffic and vehicular access problems. Accordingly, until the Route 91 Corridor Management Plan is implemented by the City, or its implementation is included as a condition of a site plan approval process severe traffic problems in this area prevent approval of any new or expanded use that generates more than 100 vehicle end-trips per peak hour.
(2) The current uses and vacant land at the northern end of District 7 serve as a transition between existing community oriented retail and the neighboring residential portion of South Main Street. Existing office uses and large parcel sizes make this area attractive for new office development. Offices, which by nature require fewer vehicle trips, can have suitable access provided given the heavy traffic volumes of this corridor. The Office Overlay Zone of the northern portion of District 7 will protect and buffer residential uses to the north and reinforce retail uses to the south.
(3) Regulations set forth in this district are also intended to begin establishing a coherent design identity for the corridor, such as uniform setbacks and uniform height restrictions. At the same time, District 7 regulations will stress buffering and landscaping to protect adjacent residential development from any adverse noise, visual, or traffic impacts arising from new commercial/retail development.
(b) Uses by-right, except as limited by division (d) of this section.
(1) Commercial/retail uses.
A. Artisan studios, photography shops or studios, and art galleries, provided the use does not exceed a gross floor area of 5,000 square feet.
B. Automated teller machines (ATMs), walk-up only.
C. Banks or other financial institutions provided the use does not exceed a gross floor area of 5,000 square feet.
D. Bars/taverns, provided the use does not exceed a gross floor area of 5,000 square feet.
E. Medical clinics, provided the clinic does not exceed a gross floor area of 10,000 square feet.
F. Offices, business or professional.
G. Recording, radio, or TV studios, provided that the gross floor area does not exceed a total of 2,500 square feet.
H. Restaurants, except drive-through restaurants, provided the use does not exceed a gross floor area of 5,000 square feet.
I. Retail uses, provided that the gross floor area does not exceed a total of 5,000 square feet.
J. Services, personal, business, or repair, except vehicle repair, provided the use does not exceed a gross floor area of 5,000 square feet.
(2) Institutional/civic/public uses.
A. Government administrative offices.
B. Public safety and emergency services.
(3) Planned developments.
(c) Conditional uses, except as limited by division (d) of this section. The following uses shall be conditionally permitted in District 7 subject to meeting all applicable requirements set forth in this section and Section 1206.02, Conditional Uses.
(1) Commercial/retail uses. No use shall exceed a gross floor area of 10,000 square feet except as allowed by division (c)(1)L. of this section.
A. Assembly and meeting halls, provided that such use on the ground floor of a structure shall not exceed 10,000 square feet of gross floor area
B. Automotive dealers.
C. Automobile repair and services.
D. Automobile service stations.
E. Bars or taverns located within 200 feet of a residential use.
F. Car wash.
G. Convenience stores.
H. Day care centers, child or adult.
I. Funeral home.
J. Liquor store.
K. Restaurants, except drive-through restaurants, located within 200 feet of a residential use.
L. Retail uses on lots within District 7 which exist at the time of adoption of this Code may be expanded in excess of the 10,000 square feet gross floor area limit on such lots if all of the following criteria are met:
1. The proposed expansion will implement a component of the SR91 Corridor Management Plan;
2. The proposed expansion is necessary for the continued economic viability of the existing use on that lot;
3. The maximum floor area to lot area ratio (division (d)(5) of this section) is complied with;
4. The parking requirements of Section 1207.12 are complied with; and
5. Auto trips generated by the proposed expansion do not cause a degradation in the existing level of service on contiguous roadways.
M. Retail uses with outdoor sales or storage.
N. Veterinary facilities or small animal clinics including overnight indoor boarding.
(2) Institutional/civic/public uses.
A. Places of religious worship, including churches and synagogues. Religious schools and day care centers may be permitted as accessory uses within the same structure as the principal conditional use.
(d) Special Conditions for District 7 Office Overlay Zone.
(1) Only the following uses by right shall be permitted on parcels or lots fronting on Darrow Road and located on the west side of Darrow Road north of a point of Darrow Road 456 feet north of Faymont Drive (generally, a westerly line extended from Callander Drive) and parcels or lots located on the east side of Darrow Road south of a point of Darrow Road 494 feet south of Stoney Hill Drive in District 7, which area shall be known as the "District 7 Office Overlay Zone," and designated as such on the Official Zoning Map;
A. Banks or other financial institutions, except for drive through teller and ATM facilities;
B. Offices, business or professional;
C. Government administrative offices.
(2) Only the following conditional uses shall be permitted in the District 7, Office Overlay Zone:
A. Artisan studios, photography shops or studios, and art galleries; provided the use does not exceed a gross floor area of 5,000 square feet.
B. Bed and breakfast inns.
C. Funeral homes.
D. Recording, radio or TV studios, provided that the gross floor area does not exceed a total of 2,500 square feet.
E. Business services provided the use does not exceed a gross floor area of 5,000 square feet.
F. Personal services provided the use does not exceed a gross floor area of 5,000 square feet.
G. Veterinary facilities or small animal clinics, including overnight indoor boarding.
(e) Property Development/Design Standards. In addition to compliance with all applicable standards set forth in Chapter 1207, Zoning Development and Site Plan Standards, development in District 7 shall comply with all of the following development/design standards (all standards are minimums unless otherwise noted):
(1) Mix of uses. More than one principal commercial/retail use permitted by-right or conditionally in District 7 may be developed or established together on a single lot or site, or within a single structure, provided all applicable requirements set forth in this section and Code, including trip generation limitations, and all other applicable ordinances, are met.
(2) Minimum lot size: two and one-half acres.
(3) Minimum lot width: 250 feet.
(4) Minimum lot depth: 400 feet.
(5) Maximum floor area to lot area ratio: .50 to 1.0.
(6) Setbacks. Unless modified pursuant to Section 1203.08
, Minor Modifications, yard setbacks in District 7 shall be:
A. Minimum front yard setback: thirty feet.
B. Minimum side yard setback: fifteen feet.
C. Minimum rear yard setback: thirty feet, except when the rear yard of a non-residential use abuts a residentially zoned property, the rear yard setback shall be increased to fifty feet from the edge of the parking lot to the adjacent property line.
D. Arterial setbacks: See arterial setback and landscaping requirements in Section 1207.04(k), Landscaping/Buffering.
(7) Maximum structure height: thirty-five feet.
(8) Building siting and orientation. The following building siting and orientation requirements shall apply to new development in District 7 (See also parking location standards below):
A. The front of all buildings shall be oriented to the side property line (i.e., perpendicular to the Route 91 right-of-way). (See Figure 7)
B. Multiple buildings on a development site shall be oriented to create an interior space or courtyard, in which parking areas or private open space may be located. (See Figure 7)
Figure 7.
C. Loading and service docks shall be sited either at the rear of the building or along the side of the building opposite from the primary entrance.
(10) Vehicular access. All development shall comply with the vehicular access standards and requirements set forth in any adopted comprehensive access management plans for the State Route 91 corridor.
(11) Traffic generation limits. No new or expanded use that generates more than 100 vehicle end-trips during a peak hour shall be approved.
(12) Location of parking. In addition to the standards for off-street parking set forth in Section 1207.12
, the following restrictions shall apply in District 7:
A. No more than ten percent of off-street parking may be located in a building's front yard area. All other off-street parking shall be located at the rear or side of the building on the interior of lot and shall be accessed by means of shared driveways.
B. Shared parking. Parking lots shall be interconnected with commercial/retail parking lots on adjacent properties to the maximum extent feasible. As per Section 1207.12(h), Joint or Collective Parking Facilities, cross-access easements or other acceptable agreements for adjacent lots with interconnected parking lots shall be submitted in language acceptable to the City's solicitor and the PC to ensure availability of shared parking to users.
(13) Pedestrian amenities.
A. Provision shall be made in the design of all developments for non-vehicular circulation systems, including but not limited to sidewalks, pathways, and bikeways. Funds-in-lieu of public sidewalks and other non-vehicular circulation systems may be provided as set forth in Section 1207.13(e).
B. Sidewalks:
1. Sidewalks at least five feet wide shall be provided on all sides of a lot that abut a public street, way, or open space.
2. Sidewalks at least five feet wide shall be provided along the full length of a building facade that features a customer entrance and along any building facade abutting a public parking area.
3. All internal pedestrian walkways shall be designed to be visually attractive and distinguishable from driving surfaces through use of durable, low-maintenance surface materials such as pavers, brick, or scored concrete to enhance pedestrian safety and comfort.
C. Compliance with access management plan: All development shall comply with the pedestrian access standards and requirements set forth in any adopted comprehensive access management plans for the State Route 91 corridor.
D. Linkages: To the maximum extent feasible, provision shall be made in the design of developments for connections with existing or future pedestrian systems on adjoining properties, including but not limited to connections to existing or planned future sidewalks, bikeways, walkways, or trail systems.
(Ord. 16-148, § 9. Passed 2-21-17; Ord. 18-93. Passed 10-15-19; Ord. 21-71. Passed 1-4-22.)