A. Purpose
The purpose of the TPESS Overlay zone is to:
1. Foster economic vitality and attractive community character in areas needing revitalization.
2. Promote an enhanced pedestrian environment and an improved circulation system to pedestrians and bicycles as well as motor vehicles.
3. Substantially conform with the master plan vision for specific existing commercial areas.
4. Provide for the combination of residential with commercial uses.
B. Land Uses
1. Residential Uses
a. In the CRT zone, residential density may be increased above the number following the R on the zoning map, up to the maximum total mapped density.
b. In the NR zone, Household Living uses may exceed 30% of the gross floor area on the subject site, up to the maximum mapped density.
c. Residential uses must be in a multi use building type with the ground floor devoted to commercial uses, unless the Planning Board waives this requirement.
2. In the CRT and NR zones, the following additional Recreation and Entertainment Facility, Indoor (Capacity up to 1,000 Persons) uses are permitted: bowling alley and theater.
3. In the CRT and NR zones, the following uses, as allowed in the underlying zone, are allowed in the Overlay zone only if the use does not abut or confront land in a Residential Detached zone:
a. Car Wash;
b. Filling Station;
c. Funeral Home, Undertaker;
d. Light Vehicle Sales and Rental (Indoor);
e. Light Vehicle Sales and Rental (Outdoor);
f. Repair (Major); and
g. Repair (Minor).
4. In the NR zone, the following additional uses are permitted:
a. Clinic (More than 4 Medical Practitioners);
b. Cultural Institution;
c. Research and Development; and
d. Artisan Manufacturing and Production.
C. Development Standards
1. The maximum building height is 30 feet; however, the Planning Board may allow a building height:
a. up to 42 feet for commercial development; and
b. up to 50 feet to accommodate residential development if the Planning Board finds that such buildings are compatible with the neighborhood and substantially conform with the intent of the applicable master plan.
2. Household Living uses must meet the development standards of the underlying zone, but the required open space may be adjusted to assure compatibility of uses or to provide adequate area to accommodate housing, if appropriate.
3. In the NR zone, surface parking must be behind the front building line.
D. Site Plan
1. Site plan approval under Section 7.3.4 is required for:
a. new construction;
b. any addition, reconstruction, or exterior alteration to a building that changes the gross floor area by more than 1,000 square feet;
c. an expansion of a building by 1,000 square feet or less if the building was existing on the effective date of the Sectional Map Amendment implementing the Takoma Park/East Silver Spring Commercial Revitalization Overlay Zone and was a conforming building on that date, but that does not conform to the standards of the Overlay zone;
d. a waiver of more than 50% of the off-street parking requirements under Division 6.2;
e. conversion of an existing structure to residential use; or
f. if required under Section 7.3.4.A.8.
2. During site plan review, the Planning Board may:
a. waive the requirements for parking setbacks and the number of spaces where it finds that such waivers will accomplish the goals of the master plan, including revitalization, enhancing the pedestrian environment, and encouraging the use of transit;
b. waive the building setbacks in the NR zone;
c. where recommended in the master plan, allow direct pedestrian access for all uses from the exterior of a structure in the CRT zone; and
d. reduce building setbacks to accomplish master plan objectives.
3. For any addition, reconstruction, or alteration that changes a building by less than 1,000 square feet and does not require site plan approval under Section 4.9.17.D.1.c, the Planning Board or its designee must review the building permit to determine compliance with master plan recommendations and the provisions of this Overlay zone. If an existing building is located on the site or on an adjacent property, the minimum setback of the zone may be reduced to conform to the existing setback on the site or on the adjacent property.
E. Existing Buildings and Uses
Any use or building existing on the effective date of the Sectional Map Amendment implementing the Takoma Park/East Silver Spring Commercial Revitalization Overlay Zone that was a conforming use or building on that date, but that does not conform to the standards of the Overlay zone, may continue as a conforming use or building and may be rebuilt, repaired, or reconstructed. Any such building or use may expand up to 1,000 square feet with site plan approval under Section 7.3.4.
(Legislative History: Ord. No. 18-08, §14; Ord. No. 18-10, §2; Ord. No. 18-28, §3; Ord. No. 19-23, § 2.)