59-C-5.435. Signs.

The display of a sign must comply with the requirements established in Article 59-F of this chapter.

   59-C-5.436. Special Trip Reduction Guidelines. It is the intent of the special trip reduction guidelines to achieve as a goal a reduction in auto trips for I-3 projects of 10 percent below the peak hour trip generation rates adopted by the Planning Board for the administration of the Adequate Public Facilities Ordinance.  To help achieve the trip reduction goal, design measures should be incorporated in the project to meet trip reduction objectives established in this section, as well as non-design measures for the purpose of reducing dependence on single-occupant automobiles.  The Planning Board may establish a schedule for achieving the goal and time periods during which the trip reduction measures will be in effect.

   Any or all of the following trip reduction guidelines or other measures proposed by an applicant are to be considered and implemented by the Planning Board as appropriate on a case-by-case basis taking into consideration specific circumstances of the project:

      (a)   Design Guidelines.

         (1)   Buildings clustered near internal streets to minimize walking distances and to promote an attractive, active and safe pedestrian-oriented streetscape within a project, to accommodate bus service, carpooling, and vanpooling within a project.

         (2)   An uninterrupted pedestrian circulation system linking the various uses within a project.  The pedestrian system should provide convenient connections to transit service and employee convenience services, to reduce dependence on single-occupant automobiles and to promote an active streetscape.

         (3)   Space on the first or ground floor of a building to on-site convenience services for employees of this and other nearby buildings to reduce the need for private vehicle trips for convenience shopping and meals during the day.

      (b)   Non-design guidelines.

         (1)   Trip reduction programs such as limiting off-street parking after consideration of market demand, flex time, the provision of or participation in Share-A-Ride programs, transit/vanpool fare discounts, bus shelters, emergency ride home programs, reserved carpool/vanpool spaces, or other acceptable measures that may be proposed, provided, however, that a limitation on off-street parking below the applicable requirements of article 59-E, shall not be required in order to achieve trip reduction goals.

         (2)   Development phased in accordance with public or private transit availability.

   The Planning Board may establish a schedule for achieving the requirements and time periods during which the trip reduction measures will be in effect.  The Planning Board may also require the applicant to enter into an agreement providing for the monitoring, enforcement, and other necessary terms of the trip reduction program.  Provision shall be made in the agreement to allow for the inclusion of a maximum cost for the implementation of substitute components to the trip reduction measures in the event initial components do not achieve or maintain the requirements.

   Results of on-site trip reduction programs implemented by the applicant to satisfy other traffic mitigation conditions of development approvals may be credited toward achieving the trip reduction requirement.  All traffic mitigation requirements otherwise applicable to an I-3 project remain in effect.  The Planning Board may phase implementation of some or all of the trip reduction in accordance with the build-out of the project and/or availability of transit so that the measures are feasible and effective, except that the Planning Board cannot defer such implementation for more than 10 years from the issuance of any initial use-and-occupancy permit for a building or structure in the project.

   59-C-5.437. Development procedure. The procedure for site plan approval in the I-3 zone is set forth in division 59-D-3.

   59-C-5.438. Special provisions applicable to certain lots classified in the I-3 zone.

      (a)   Any proposed development shown on a site plan approved before June 26, 1989, or a site plan approved prior to June 26, 1989, which was subsequently extended in accordance with section 59-D-3.8, may be constructed in accordance with the approved plan regardless of whether said development is built in one or more phases. Such development is not subject to the provisions of the zoning ordinance regulating nonconforming uses (section 59-G-4.1--4.25) and may be continued, repaired, reconstructed, or structurally altered in accordance with the approved site plan, except as otherwise provided in subsection (b).

      (b)   A division 59-D-3 site plan approved prior to June 26, 1989 may be amended after that date, in accordance with the applicable provisions of the I-3 zone which existed immediately prior to the effective date of this amendment, provided, however, no expansion of the floor area limit or a reduction in the setbacks is permitted unless the expansion or reduction otherwise complies with the present standards of the I-3 zone.

      (c)   Notwithstanding (a) and (b) above, a record lot, partially developed on June 26, 1989 in accordance with an approved site plan, and which abuts or confronts one or more lots occupied on June 25, 1989 by buildings with FARs greater than a 0.85 FAR, may:

         1.   For a period of 5 years after June 26, 1989, be permitted a development density up to FAR 0.85 based on gross tract area and the Planning Board may approve the site plan, provided the Planning Board finds that:

            (i)    the site plan is in compliance with all other provisions of the I-3 zone in effect at the time of site plan approval, and

            (ii)    affected intersections will be adequate to accommodate the density above 0.5 FAR, unless such evaluation is required at building permit.

         2.   Such development is not subject to the provisions of the Zoning Ordinance regulating nonconforming uses and may be continued, repaired, reconstructed, or structurally altered in accordance with the approved site plan.

      (d)   Development shown on an approved preliminary subdivision plan and concept plan may be developed in accordance with the setbacks permitted immediately prior to May 23, 1994, provided the development:

         (1)   adjoins land formerly recommended for industrial development that has since been recommended on a master plan for residential development; and

         (2)   adjoins the right-of-way of a limited access freeway on a master plan; and

         (3)   is covered by a master plan which recommends amendment of the I-3 zone to allow grandfathering as provided in this subsection (d).

   Such development is not a nonconforming use and may be constructed, continued, repaired, reconstructed or structurally altered in accordance with an approved site plan.

      59-C-5.439.  Optional Method of Development.

      The optional method permits a mixed-use development in the I-3 Zone at locations that have convenient access to transit and are recommended in the Master Plan.  Under the optional method, commercial uses that maintain an employment emphasis must be mixed with residential uses.  Development must be in accordance with the provisions of this section, as well as the density, numerical limitations, and other guidelines contained in the applicable master plan approved by the District Council.  The procedure for site plan approval is set forth in Division 59-D-3.

      59-C-5.4391.  Purpose.

      It is the purpose of the I-3 Mixed-Use Option to promote mixed-use, transit and pedestrian-oriented centers, which include housing and a commercial component with an employment emphasis.  It is also the purpose to promote development that follows sound environmental principles and maximizes preservation of natural features.  Specifically, the optional method is designed to:

      (a)   Provide a compatible mix of uses including employment, housing, and retail configured to define and animate the streets and to create a strong sense of place in the manner of traditional towns and urban neighborhoods;

      (b)   Promote compact, environmentally sensitive development that preserves natural features;

      (c)   Provide high quality residential neighborhoods consisting of a mix of unit types with open spaces and community facilities that are centrally located and easily accessible;

      (d)   Provide an interconnected street system, which consists of short blocks and is designed to promote pedestrian, bicycle and transit use as attractive, practical alternatives to automobile use for daily activities such as shopping and commuting; and

      (e)   Encourage the efficient use of the center and its transit facilities by providing pedestrian and bicycle linkages to adjacent areas and convenient access to transit.

      59-C-5.4392.  Regulations.

      (a)   Land uses.

         (1)   In addition to all uses permitted in the I-3 zone, the following uses are permitted under the optional method, without requiring a special exception approval:

            Dwellings
            Health club
            Hotel
            Housing and related facilities for elderly or handicapped persons

               All other commercial and service uses permitted in the C-1 Zone pursuant to Sections 59-C-4.2(d) and (e) with the exception of the following uses:

               Animal boarding place
               Appliance repair shop
               Automobile fluid maintenance stations
               Automobile, light truck, and light trailer rental, outdoors
               Automobile parts, supplies and tire store
               Eating and drinking establishments, including drive-ins
               Tire, battery and accessory stores located in a shopping center

         (2)   Development under the optional method must include employment, residential and retail uses.

      (b)   Development standards.

         Development under the optional method must meet all the requirements of the
         I-3 zone except:

         (1)   Development Density.

            (A)   Overall Density.  Development (including residential and commercial development) must not:

               (i)   Exceed any density limits provided in the approved master plan; and

               (ii)   Generate a greater number of peak hour automobile trips than the total number of peak hour automobile trips that would be generated by general office development of the gross tract at a 0.5 floor area ratio.  The maximum density of development may be averaged over the gross tract area in accordance with 59-C-5.321.

            (B)   Non-residential uses.  The maximum non-residential density is 0.6 FAR.  In order to maintain an appropriate mixed-use character, the following minimum or maximum percentages, as applicable, of the total non-residential gross floor area proposed are required:

               -   Retail/service - 20% maximum
               -   Employment - 60% minimum

            (C)   Residential uses, excluding hotels.  The base residential density must not exceed eight (8) units per acre for the gross tract area.  The base density may be increased to accommodate Moderately Priced Dwelling Units (MPDUs) in accordance with Chapter 25A of this Code, as amended, and to accommodate the provision of Transferable Development Rights (TDRs), provided that the final density does not exceed 12.5 units per acre for the gross tract area and does not exceed the recommended total density in the applicable master plan.

         (2)   Setbacks.  All buildings, off-street parking, loading and maneuvering areas must be set back from lot lines in accordance with the following standards:

            (A)   From abutting residentially zoned property:

               -   Recommended for one-family zone and development on the applicable master plan, one hundred (100) feet
               -   Recommended for residential zoning and development other than one-family on the applicable master plan, thirty (30) feet for residential development and one hundred (100) feet for commercial development.
               -   Recommended for non-residential development, twenty-five (25) feet.

            (B)   From abutting non-residential development, twenty-five (25) feet.

            (C)   From an existing or planned limited access freeway one hundred (100) feet for buildings and fifty feet (50) for parking.

            (D)   From a major highway, fifty (50) feet.

            (E)   Other setbacks, if any, must be determined by the Planning Board as part of the site plan review.

            (F)   The Planning Board may allow a reduction in the building, off-street parking, loading and maneuvering area setbacks, if the Board finds that a reduced setback is compatible with adjacent development.

         (3)   Minimum lot sizes, internal setbacks and frontage requirements must be determined at time of site plan.