1. Defined
Combination Retail means a department or retail store that exceeds 65,000 square feet and that includes a pharmacy and a full line of groceries. Combination Retail does not include a grocery store, or a club or membership store that charges a membership or access fee and sells primarily bulk merchandise (See Section 3.5.11.B, Retail/Service Establishment).
2. Use Standards
Where Combination Retail is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1,Conditional Use, and the following standards:
a. The building must be designed in a way that reduces its scale and contributes to its visual interest. Long building walls should have projections, recessions, or other effective treatments that improve building design.
b. Where Combination Retail is located within 1/2 mile of a Metro station entrance and has a minimum 50,000 square foot footprint or a minimum of 100,000 square feet of all gross floor area designed for a single user it must satisfy the following standards:
i. In addition to any street-facing entrance requirement, all sides of a building that front an abutting public right-of-way must have at least one active entrance.
ii. Parking facilities, excluding access driveways, must be located below- grade or in a structure behind or within the primary building.
iii. The maximum building footprint of the area designed for a single Combination Retail use is 80,000 square feet.
iv. Additional floor area equal to at least 20% of the footprint designed for the Combination Retail must be provided as street level retail spaces with less than 5,000 square feet of tenant gross floor area each. These spaces must be located at street level, and a secondary entrance accessing the Combination Retail use is prohibited. At least 50% of the additional tenant space(s) must be located along the facade where the primary active customer entrance for the Combination Retail is located.
v. If applicable, full architectural parapets or equivalent features must be used around the entire building to conceal rooftop mechanical equipment.
vi. Any residential floor area or office floor area must be equal to or greater than the gross floor area designed for the Combination Retail. At least 50% of the gross floor area of the non-retail component must be located above the street level retail footprint.
1. Defined
2. Use Standards
a. Where a Retail/Service Establishment is allowed as a limited use, it must satisfy the following standards:
i. In the R-10 zone:
(a) The apartment building type must contain a minimum of 150 dwelling units, be a minimum of 60 feet in height, and be on a site with a minimum of 5 acres.
(b) A maximum of 10% of the gross floor area of the building or 10,000 square feet, whichever is less, may be used for the Retail/Service Establishment use.
(c) Only small-scale retail sales and personal service establishments are permitted. Small-scale retail sales and personal service establishments provide convenience goods and services typically requiring frequent purchase and a minimum of travel by occupants of the nearby commercial area and adjacent residential neighborhood.
ii. In the CRN zone:
(a) If the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
(b) A Retail/Service Establishment over 15,000 square feet of gross floor area must be a grocery store.
iii. In the CRT, GR, and NR zones, if the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
iv. In the CRT, CR, GR, and NR zones, where a development is located within 1/2 mile of a Metro station entrance and has a minimum 50,000 square foot footprint or a minimum of 100,000 square feet of all gross floor area designed for a single user, it must satisfy the following standards:
(a) In addition to any street-facing entrance requirement, all sides of a building that front an abutting public right-of-way must have at least one active entrance.
(b) Parking facilities, excluding access driveways, must be located below-grade or in a structure behind or within the primary building.
(c) The maximum building footprint of the area designed for a single Retail/Service Establishment use is 80,000 square feet.
(d) Additional floor area equal to at least 20% of the footprint designed for the largest Retail/Service Establishment must be provided as street level retail spaces with less than 5,000 square feet of tenant gross floor area each. These spaces must be located at street level, and a secondary entrance accessing the primary Retail/Service Establishment use is prohibited. At least 50% of the additional tenant space(s) must be located along the facade where the primary active customer entrance for the largest single Retail/Service Establishment is located.
(e) If applicable, full architectural parapets or equivalent features must be used around the entire building to conceal rooftop mechanical equipment.
(f) Any residential floor area or office floor area must be equal to or greater than the gross floor area designed for the subject Retail/ Service Establishment. At least 50% of the gross floor area of the non-retail component must be located above the street level retail footprint.
(h) For a project greater than 500,000 square feet of gross floor area, the Planning Board may approve a development that does not satisfy Section 3.5.11.B.2.a.iv.(a) through Section 3.5.11.B.2.a.iv. (f) if it finds that the project, through an alternative design, results in a more appropriate configuration of the site.
(i) Section 3.5.11.B.2.a.iv does not apply to a regional shopping center.
v. In the EOF zone, Retail/Service Establishment is limited to a maximum of 30% of the gross floor area on the subject site.
vi. In the LSC zone, if the tract is larger than 5 acres, Retail/Service Establishment is limited to a maximum of 10% of the gross floor area of development approved under one application. If site plan approval is required under Section 7.3.4, the Planning Board may approve a maximum of 15% of the gross floor area for Retail/Service Establishment if the Planning Board finds that unique circumstances are present and the area would be enhanced by additional retail activity.
vii. In the IL and IM zones, Retail/Service Establishment is limited to:
(a) building and food service supply, home design and furnishings, wholesale or retail;
(b) computer programming and software sales and service, including data banks, and data retrieval;
(c) wholesale trades limited to sale or rental of products intended for industrial or commercial users; and
(d) other Retail/Service Establishment uses or a combination of Office, Retail/Service Establishment, or Restaurant uses that occupy a maximum of 35% of the mapped FAR.
viii. In the IH zone, Retail/Service Establishment is limited to:
(a) building and food service supply, home design and furnishings, wholesale or retail;
(b) computer programming and software sales and service, including data banks, and data retrieval; and
(c) wholesale trades limited to sale or rental of products intended for industrial or commercial users.
ix. For Retail/Service Establishments 120,001 square feet and over:
(a) Any facade longer than 100 horizontal feet must incorporate wall plane projections or recesses.
(b) Street level retail facades that front public or private streets or parking areas must provide transparent glazing for at least 60 percent of the horizontal length of the building façade as measured from a height of no more than 3 feet above the walkway grade to no more than 8 feet above the walkway grade. Transparent glazing includes transparent windows, unobstructed display windows, or transparent store doors.
(c) All sides of a building that front an abutting public right-of-way must have at least one active retail, residential, or office entrance.
(d) Areas for storage, truck parking, trash collection, or compaction and loading must be screened from public rights-of-way.
(e) Variations in rooflines must be used when possible. Full architectural parapets or equivalent features must be used around the entire building to conceal rooftop mechanical equipment.
1. Defined
Rural Antique Shop means the sale in a rural or residential area of items belonging to, made in, or typical of an earlier period.
2. Use Standards
Where a Rural Antique Shop is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. The shop must be located in an existing building or part of an existing building.
b. The original character of the building must be maintained.
c. The structure must be 5 or more years old.
d. If the property is located in the R-200 zone, it must abut land in the AR zone.
e. In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
1. Defined
Rural Country Market means the display and retail sale in a rural or residential area of agricultural products and farm food products certified as non-potentially hazardous by the Department of Health and Human Services. A Rural Country Market includes the display and sale of non-edible farm products only if the products are grown and processed on farms in the State of Maryland. Rural Country Market does not include the sale or storage of bread, cheese, or other foodstuffs produced in a commercial kitchen, or an eating and drinking establishments (see Section 3.5.3, Eating and Drinking).
2. Use Standards
a. Where a Rural Country Market is allowed as a limited use, it must satisfy the following standards:
i. The minimum tract area is 2 acres.
ii. The maximum height is 20 feet, unless located in an existing building.
iii. The minimum setback from the street and from any side or rear lot line is 50 feet.
b. Where a Rural Country Market is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, all applicable limited use standards, and the following standards:
i. The minimum setback from the street under 3.5.11.D.2.a.iii. may be reduced to 25 feet if the Hearing Examiner finds that the smaller setback would be compatible with surrounding uses.
ii. The Hearing Examiner may approve the use of an existing structure that does not meet these requirements if the Hearing Examiner finds that the use is suitable and compatible with the surrounding area.
1. Defined
Vape Shop means any Retail or Service Establishment that devotes at least 51% of its floor area to the sale and display of electronic cigarettes or allows vaping on site. An electronic cigarette is any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term electronic cigarette includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
2. Use Standards
Where a Vape Shop is allowed as a limited use, it must satisfy the following standards:
a. Access to the Vape Shop must be prohibited to any person under the age of 21 years old.
b. The Vape Shop must be located a minimum of 0.5 miles from any property on which a middle school or high school is located as a principal use.
c. A Vape Shop may continue as a nonconforming use if a middle or high school is established within 0.5 miles of a Vape Shop after the Vape Shop was established. For purposes of these standards, a Vape Shop or school is established when the Department of Permitting Services issues a use-and-occupancy permit.
d. In the IL and IM zones, a Vape Shop may occupy a maximum of 35% of the mapped FAR on the subject site.
3. Amortization Period
To provide for a reasonable period of amortization and to prevent unreasonable economic loss, any Vape Shop existing on June 29, 2020 which does not conform to the requirements of this section may continue to operate for 24 months following the effective date of the amendment. On or after that date, a Vape Shop may continue in operation only if it meets the requirements of Section 59.3.5.11.E.
(Legislative History: Ord. No. 18-08, § 5; Ord. No. 18-12, § 1; Ord. No. 19-10, § 3; Ord. No. 20-09, § 6.)