59-C-18.232. Regulations.

   (a)   Commercial zones.  Where a lot is either partially or totally in a commercial zone the following regulations apply:

      (1)   Land uses.  All permitted or special exception uses allowed in the underlying zones are allowed in the commercial portion of the overlay zone except as noted below: 

         The following uses are prohibited:

         Amusement center

         Animal boarding place

         Appliance repair shops

         Appliance store

         Automobile fluid maintenance station

      Automobile, light truck and light trailer rentals, outdoor, except any automobile rental business, in existence on October 13, 1998 may continue as a conforming use, and may be altered, repaired, or replaced in accordance with provisions of the zone in effect at the time the use was established

         Automobile parts, supplies and tire stores

         Automobile sales, indoor

         Automobile sales, outdoor

         Baseball driving range

         Boat sales, indoors

         Building materials and supplies

         Chancery

         Eating and drinking establishments, drive-in

         Heliports

         Helistops

         Ice storage

         International Organization

      Multi-family dwellings, except when included in a structure containing retail or commercial uses

         Newspaper, printing and publishing shops

         Rifle or pistol ranges, indoor

         Roller and ice skating rinks

         Stadiums or arenas

         Swimming pools, commercial

   The following uses may be allowed only by special exception, subject to the review standards of 59-G:

         Automobile filling station; however, any automobile filling station existing before June 14, 2006 not in compliance with the special exception standards of 59-G-2.06(9) may continue as a conforming use

         Dry cleaning and laundry establishments of no more than 3,000 sf of gross floor Area (Section 59-G-1 review standards only)

      (2)   Development standards:

         (A)   Setbacks.  All buildings, off-street parking, loading and maneuvering areas must be set back from lot lines adjoining any residential or agriculture zone a distance not less than the applicable front, rear, or side yard of the adjoining zone.  However, the Planning Board may authorize alternative setbacks that replicate existing development patterns if recommended in a master or sector plan.  All other setbacks will be determined at site plan.

         (B)   Density.  Except as noted below, the floor area ratio for commercial uses is limited to FAR 0.2, and is computed only on the area of the underlying commercially zoned portion of the site.  Any project that received preliminary plan approval before November 4, 2002 for commercial development at an FAR greater than 0.2, is not subject to the FAR limitation of this section and may be developed, as a conforming use, in accordance with the approved preliminary plan.

            The Planning Board may recommend density in excess of 0.2 FAR, up to the maximum allowed in the underlying zone, if authorized in a master or sector plan, if the Planning Board determines that the higher density is compatible with surrounding uses and will better replicate existing development patterns in a village.

         (C)   Green area.  Except as noted below, the minimum green area is 35% of the gross tract area.  The Planning Board may authorize less green area if recommended in a master or sector plan if the Planning Board determines that reduced green area will better replicate existing development patterns in a village.

         (D)   Building height.  No building may exceed a height of 35 feet.

         (E)   Off street parking and loading.  Parking must be provided in accordance with the provisions of Division 59-E with the following exceptions:

            1.   Parking facilities must be located to maintain a pedestrian-friendly street orientation.

            2.   Trees must be planted and maintained throughout the parking facility to assure that at least 30 percent of the area is shaded.  Shading must be calculated using the area of the tree crown at 15 years after the parking facility is built.

            3.   For any cumulative enlargement of a surface parking facility that is greater than 50% of the total parking area approved before November 4, 2002 the entire off-street parking facility must be brought into conformance with this Section.

         (F)   Commercial facilities must provide, as necessary, noise mitigation measures to minimize impact on adjacent residentially used properties.

         (G)   All outdoor lighting of commercial uses must be located, shielded, landscaped or otherwise buffered so that no direct light intrudes into an adjacent residential property.  Unless the Planning Board requires different standards for a recreational facility or to improve public safety, luminaries must incorporate a glare and spill light control device to minimize glare and light trespass.

   (b)   Residential zones: Where a lot is in a residential zone the following regulations apply:

      (1)   Land uses.  All uses as allowed in the underlying zone as set forth in Sec. 59-C-1.31, except as prohibited below.  In addition, residentially zoned land may provide septic capacity for an adjacent commercial use, or adjacent residential property, consistent with the applicable master plan recommendations.

         Life care facility

         Child day care center

         Hospital

         Life sciences center

         Nursing home

         Golf course or country club

      (2)   Development standards.  Except as noted below, the development standards are the same as those in the underlying zones.

         (A)   Setbacks.  If recommended in a master or sector plan, the Planning Board may authorize alternative setbacks that replicate existing development patterns at the time of site plan review.