§ 156.310  CDR-OD; COMMERCIAL DESIGN REVIEW OVERLAY DISTRICT.
   (A)   Purpose of district.  The purpose of the district is to protect and provide for the desired character of the commercial districts and development areas of the town. By establishing the Commercial Design Review Overlay District, the town intends:
      (1)   To promote the appearance, character, and economic value of land located in commercial districts and development areas;
      (2)   To protect the public from the impact of adverse visual nuisances;
      (3)   To assure respect for the character, integrity and quality of the built and natural environments of the town;
      (4)   To enhance public safety by defining spaces to influence traffic movement;
      (5)   To reduce the amount of storm runoff and provide an appropriate and attractive transition between neighboring properties;
      (6)   To foster civic beauty; and
      (7)   To strengthen the local economy.
   (B)   Permitted uses/area of purview/hierarchy of authority.
      (1)   Permitted uses.  This is an overlay district. As such, permitted uses are determined by the underlying or primary zoning use district classifications in effect for each particular parcel located within the Commercial Design Review Overlay District.
      (2)   Areas of purview.  The following non-residential districts and development areas are subject to the design review requirements provided herein.
         (a)   Property with non-residential district zoning classifications of LO, Limited Office District; OP, Office Professional District; NC, Neighborhood Commercial District; AB, Areawide Business District; AB-2, Areawide Business-2 District; ED, Economic Development District; MD, Marine District; LI, Light Industrial District; and WG, Waterfront Gateway District; provided, however, that where detached single-family residential uses are permitted, such uses shall not be subject to the requirements of this section.
         (b)   Property with PD, Planned Development District, zoning classifications (including those zoned PD-MU-SU or PD-MU-SR) containing a non-residential use component, for the non-residential use areas only, and specifically including entire buildings containing a residential use located in conjunction with a non-residential use.
         (c)   Overlay districts containing a commercial district zoning classification or commercial area; however, specifically excluding the commercially zoned properties located in the OV-HD, Old Village Historic District.
         (d)   All properties located within the UC-OD, Urban Corridor Overlay District; however, detached single-family residential uses are not subject to architectural review pursuant to the provisions of the UC-OD.
      (3)   Hierarchy of authority. Specific requirements adopted pursuant to Planned Development District zoning classifications and specific requirements of adopted overlay districts shall take precedence over the procedures and design requirements herein, when in conflict with the same.
   (C)   Design Review Process.
      (1)   Design Review Board.  Except as otherwise provided herein, the Design Review Board (DRB) shall conduct review and approval of all applicable projects subject to the provisions of this section, including all proposed new developments and all alterations and/or additions to existing developments, in accordance with the specific design standards as set forth herein; provided, however, adjustments or modifications to the architectural and site design review standards of § 156.310(E) and (F) may be made as deemed appropriate for the particular project in consideration of its individual circumstances. All projects under review by the Department of Planning and Development staff at the time this section is amended shall remain therewith until completion of review or December 31, 2014, at which time DRB shall conduct review and approval.
      (2)   Design Review Process for properties zoned ED, Economic Development District.  At the applicant's choosing, either designated Department of Planning and Development staff or the DRB shall conduct review and approval of developments located on properties zoned ED, Economic Development District, including parcels that are zoned for Economic Development use within a Planned Development District; provided, however, that the choice of review process shall only be available for the Economic Development use as specified in the Use Table when other permitted uses are also allowed on the parcel.
      (3)   Nonconforming buildings and structures.  Notwithstanding the provisions of § 156.132, minor improvements not exceeding 50% of the reasonable replacement value of the building or structure shall meet the requirements of this section; provided, however, that when improvements do not exceed 50% of the reasonable replacement value of the building or structure, only those elements proposed for modification shall be required to comply with this section.
      (4)   Projects approved with conditions. For projects approved with conditions, the DRB may direct staff to conduct a final review of the plans in order to ensure compliance with the conditions of approval.
      (5)   Exception for minor projects.  Applicants may request review and approval of minor projects by Department of Planning and Development staff upon written request which shall be attached to the application. The written request shall include confirmation from the applicant that the proposed project, including all phases, does not exceed $250,000. The determination of whether a project is minor and that the written confirmation of project cost is reasonable is within the discretion of the Zoning Administrator. The Zoning Administrator may consult with the Building Official for projects involving building improvements.
      (6)   Relief from the strict application of design standards. Relief from the strict application of design standards not allowed, as referenced in division (1) above, may only be granted by the Board of Zoning Appeals.
      (7)   Meetings/forms. Designated Department of Planning and Development staff shall develop and implement an application and meeting schedule format and such forms as are necessary to facilitate the review and approval process.
      (8)   Pre-application meeting required.  Prior to acceptance of an application for design review, a pre-application meeting is required with designated Department of Planning and Development staff.
   (D)   Additional development requirements.
      (1)   Exterior architectural features.
         (a)   Within the district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features), above-ground utility structure, or any type of outdoor sign shall be erected, altered, restored or moved until after an application has been submitted to, and approved by, the appropriate entity; and
         (b)   No building permit shall be issued within the Commercial Design Review Overlay District, until after an application has been submitted to, and approved by, the appropriate entity.
      (2)   Landscaping. Within the district, no landscaping for new construction sites, nor landscaping for existing developed sites, including the alteration of existing landscaping, shall be accomplished without review and approval in accordance with the provisions herein.
      (3)   Construction on public property.  There shall be no private construction of porches, steps, posts, fences, walks, walls, landscaping or other improvements on public property, unless such proposed items have received the required approvals, including encroachment permit and design approvals.
      (4)   Maintenance and repair.
         (a)   Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Commercial Design Review Overlay District that does not involve a change in design, material, color or outer appearance thereof.
         (b)   Nor shall it be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature that the Building Official or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.
      (5)   Developments consisting of shopping centers, strip centers, super centers, malls, and other combined commercial projects totaling more than 100,000 square feet, including outparcels, shall also be subject to the requirements of division (H) of this section.
   (E)   Architectural design review guidelines.
      (1)   General.
         (a)   Architectural design review guidelines. The architectural compatibility and aesthetic harmony of structures located along designated thoroughfares, defined by this section as commercial corridor overlay districts, and in planned developments and light industrial zones are of critical importance in protecting and promoting the appearance, character and economic value of land, in addition to protecting the public from the impact of adverse visual experiences. The intent of the Design Review Process is to assure respect for the character, integrity and quality of the built and natural environments of the town; it is not intended to stifle innovative architecture.
         (b)   Mount Pleasant Vernacular or Lowcountry Architecture. The goal of the Design Review Process and the architectural guidelines is to maintain the traditional small village feel of Mount Pleasant as it continues to grow. Mount Pleasant has historically been a small town. By 1970, the population had only grown to roughly 6,000 residents. Since that time, the population has doubled each decade. Buildings were generally small, vernacular structures. While some buildings with formal styles were constructed, they are generally few. Therefore, future construction should follow the form and detailing of the more abundant small, vernacular buildings. The vernacular buildings of Mount Pleasant are typical of most small, Atlantic seaboard fishing communities, and can be generally described as simple and utilitarian in form, design, material and detail. The form may be based on historical models; however, the formal detailing of the historical period styles is absent or extremely simple when present. Primary building materials were limited to those readily available in the area - predominantly wood and some brick. Features include a hipped or gabled roof. Roofs generally feature a broad eaves overhang, with exposed rafter tails or fascia trim. Boxed eaves, when present, feature a traditional pedimented gable or return detail. Roofing materials are historically metal standing seam or 5-V crimp and later shingles. Windows were abundant for light and ventilation. Window shapes and panes are taller than wide. Windows occur as singles, pairs or, in some instances, triples with a single, wide "picture frame" trim. Decorative trim and detailing is generally limited to the pedestrian areas of the building, such as display windows and entry elements, although some simple variations of cornice trim may be found at the eaves and in the gables. Large porches are common at the primary entries, with square wood columns that are often chamfered. Simple round Tuscan columns were sometimes used, but are primarily seen as later replacement columns.
         (c)   Where it is reasonably practical, proposed structures shall not impede scenic views from the main road, from existing structures, or from natural settings.
         (d)   Although maximum site densities and special site requirements defined for particular use districts shall be preserved, proposed structures shall not dominate, in an incompatible manner, an adjacent building, nor in surrounding general development substantially in compliance with this chapter.
         (e)   The architectural design, color and material of a proposed structure, or structures, shall conform to community standards of good taste and design, as expressed by this section.
         (f)   Proposed structures will contribute to the image of the town as a unique place of visual character, integrity and quality.
         (g)   All elevations of a structure shall be in harmony with one another in terms of scale, proportion, detail, material, color and high design quality.
         (h)   The side and rear elevations of buildings shall be as visually attractive as the front elevation, especially where those side or rear elevations are most often viewed by the public. Rooflines and architectural detailing shall present a consistency in quality design.
         (i)   All buildings and structures within a proposed development, including canopies, shall utilize a uniform architectural theme, and shall be designed to create a harmonious whole.
            1.   It is not to be inferred that buildings must look alike to achieve a harmony of style.
            2.   Harmony of style can be created through proper considerations of massing, scale, proportion, detail, materials, color, site planning, and landscaping.
         (j)   The scale of buildings and accessory structures (including canopies) shall be appropriate to the scale of structures located in the surrounding area. Canopies designed as domineering or overpowering architectural features are not allowed.
         (k)   The architectural design and material finish of buildings, signage, gasoline pump canopies, and other necessary structures shall be compatible with one another, and with adjacent and surrounding structures where such structures are substantially in compliance with this section. Photos and/or elevations of adjacent structures and sites shall be shown in a streetscape view in scale with the proposed structure(s).
         (l)   Structures that are of symbolic design for reasons of advertising, corporate identity or corporate continuity shall be highly discouraged; however, the DRB or staff may work with applicants to incorporate limited signature design elements into buildings, to allow recognition of certain corporate or signature identity, while still retaining the ability to achieve a project design unique to Mount Pleasant.
         (m)   Prototype architecture shall be highly discouraged; however, the DRB or staff may work with applicants to incorporate limited signature design elements into buildings, to allow recognition of certain corporate or signature identity, while still retaining the ability to achieve a project design unique to Mount Pleasant.
         (n)   In reviewing a proposed structure, specific consideration shall be given to its compatibility with adjacent structures where such structures are substantially in compliance with this section. Proposed structures shall be shown to scale, in a streetscape view with adjacent buildings, by using elevations or, in certain instances, photographs, of the adjacent structures.
         (o)   The setback distances from lot lines having street frontage shall be determined during the Design Review Process, utilizing a build-to line between 20 and 30 feet, measured from the property line.
         (p)   Colonial, Classical, Victorian, Bauhaus, mid-20th Century modern, and/or formal architectural styles and designs shall not be permitted. The form may be based on historical models; however, the formal detailing of the historical period styles should be absent or extremely simple when present.
         (q)   Buildings shall utilize vernacular designs and elements as described in § 156.310(E)(1)(b).
 
         (r)   Contemporary architecture shall not be prohibited where it maintains the traditional form, massing, design elements, and materials of vernacular architecture as described in § 156.310(E)(1)(b), and in these guidelines in general, and arranges the components in a new and/or modern way such that the basic nature and form of the traditional architecture is clearly visible and compatible with surrounding structures and sites.
         (s)   The architecture, landscaping, and building siting must work in concert to create a unified appearance that contributes to the existing/developing streetscape.
      (2)   Primary facade.
         (a )    All structures shall have a primary facade, facing the primary street or right-of-way.
 
         (b)   Specific requirements regarding siting of buildings on site are found in § 156.310(F)(2).
         (c)   Within Urban Corridors, such as Johnnie Dodds Boulevard and Coleman Boulevard, primary building entrances shall be located facing the primary street and/or at the corner for buildings located at an intersection. Provided, however, that exceptions may be made in consideration of such conditions as differences in elevation of the adjacent street and subject property, and the presence of abutting frontage roads.
      (3)   Form. All buildings shall have distinct base, middle and top sections.
 
         (a)    Base.
            1.   The base of masonry buildings and structures shall consist of a watertable, expressed by either a projecting base or a recessed or projecting beltcourse or stringer course between the middle and base.
 
            2.   The base of wood structures shall consist of a base as described above in § 156.310(E)(3)(a)1., or a wooden base trim.
 
         (b)   Middle. The middle shall consist of brick, wood or stucco as prescribed in § 156.310(E)(4).
 
         (c)   Top. The top shall consist of:
            1.   Brick, stucco, stone or wood at the cornice; and
            2.   A roof form as described in § 156.310(E)(5).
 
         (d)   Buildings and structures shall break down the massing of the building to reference traditional vernacular forms and models.
 
 
         (e )    Long facades shall utilize offsets in wallplane and offsets in footprints to differentiate building masses, forms and/or components. Depths of offsets shall be in proportion to the size of the facade, and shall not be smaller than one foot in depth between adjacent wall planes.
 
         (f)   Control joints, score lines, gutters and/or downspouts or similar building elements or details shall not be used to express articulation or to differentiate building masses and forms, or to create sign bands or express other details.
 
         (g)   Long facades shall break cornice and parapet and roof to reduce massing.
 
         (h)   Long, monotonous facade design, including but not limited to, those characterized by unrelieved repetition of shape or form, or by unbroken extensions of a line, shall not be permitted.
         (i)   Arcades are not allowed.
 
         (j)    Columns, including those supporting a gasoline canopy and other canopies and accessory structures, shall be either square, square with chamfers, square tapered, or round Tuscan style with entasis, whichever style is most appropriate for the architectural theme of the structure. Columns shall exhibit a base and capital, and visibly support an entablature.
         (k)   Tower elements are strongly discouraged. Tower elements may not be substituted in lieu of, nor considered as pitched roof elements to meet, the requirements of § 156.310(E)(5).
      (4)   Materials.
         (a)   Materials shall express their function clearly and honestly, and shall not appear as materials that are foreign to the character of the rest of the building.
         (b)   Consistency of exterior architectural materials. Any building exterior elevation shall consist of architectural materials that are equal in quality, appearance and detail to all other exterior elevations of the same structure.
         (c)   Unadorned concrete masonry units, corrugated and/or sheet metal.
            1.   No portion of a building may be constructed of unadorned concrete masonry units, or corrugated and/or sheet metal.
            2.   Paint and/or similar finish is not considered an adornment.
            3.   Nothing in this division shall preclude the use of architectural metal cladding, which may be incorporated into the overall building composition when used as an architectural accent and when found to meet the intent of this section. Such architectural cladding will exhibit features, such as quality architectural materials, a natural or high quality flouropolymer finish, and concealed fasteners.
 
            4.   However, in areas zoned LI, Light Industrial District, or for LI District uses located within PD, Planned Development Districts, the above materials may be used on buildings or portions of buildings that are not visible from any public right-of-way or from any differently zoned property.
         (d)   Primary building materials.
            1.   Primary building materials shall be either brick or wood. Stucco may be used only as noted in § 156.310(E)(4)(d)3., below.
            2.   Cementitious and other synthetic materials may be used to facilitate the appearance of wood lap siding, vertical board and batten siding, and/or machine sawn shingles. Real wood products may be used when in compliance with the building code. For the purposes of this division, WOOD shall refer to wood, cementitious siding, and other synthetic materials meant to facilitate the appearance of wood siding as described herein.
            3.   Stucco may be used as a primary building material only in Urban Corridors, such as Johnnie Dodds Boulevard and Coleman Boulevard, and in commercial villages, such as Towne Centre, Irongate Plaza, The Market at Oakland, and Seaside Farms. Stucco may also be used on civic structures such as churches and government buildings.
         (e)   Secondary building materials.
            1.   Stucco or materials similar in appearance or texture may be used in "voids" or reveals between brick building masses, but shall not constitute more than 50% of the area of a building facade.
 
            2.    Stucco or materials similar in appearance or texture may be used for details such as sills, lintels and cornice features, including clerestories.
 
            3.    Cast or natural finished stone may be used as decorative detailing at the base or as lintels and/or sills and cornice features .
 
      (5)   Roofs.
         (a)    Roof forms, includin g gasoline canopies and all other structur es, shall be gable or hip designs. Gable roof pitch shall be proportional to the building design, mass and form.
 
         (b )    Mansard roofs are prohibited. Hipped or gabled roofs with a mechanical roof well will not be considered mansard roofs, when the roof appears to be a true hipped or gabled design.
 
         (c)   Flat roofs shall be prohibited, except as follows:
            1.   Flat roofs may be allowed in commercial villages with an urban design theme, such as Towne Centre, Irongate Plaza, The Market at Oakland, and Seaside Farms, and along Urban Corridors, such as Johnnie Dodds Boulevard and Coleman Boulevard.
 
            2.   On buildings requiring flat roofs for roof-mounted mechanical equipment, a flat roof section may be attached to the rear of the building, with a pitched roof over the front portion of the building so that the flat roof area appears to be a later addition. Buildings may create a flat roof area between pitched elements, where the pitched elements completely screen the mechanical equipment from view.
 
            3.   Buildings with a footprint greater than 20,000 square feet may have a flat roof but break parapet between building elements. Architectural elements to break up the massing of the building shall be utilized. These elements may include sections of pitched roofs, variation in roof line or building line, or a combination of the three.
            4.    Fl at ro ofs ma y be permitted when they complement an adjacent hipped or gabled roof on the same structure, and/or encourage breaking down the mass of a building or facade, and are not the predominant roof element.
 
         (d)   Parapet walls must be broken between building elements and/or design elements to reinforce the individual building forms and elements, and to break the horizontal line of the building.
 
         (e )    Gable or hiproofs shall have broad eave over hangs proportioned to the buildi ng.
         (f )    Cupolas, widow's walks and other roof appurtenances, such as domes, are not allowed; provided, however, that civic buildings, such as churches, may incorporate these elements when appropriate to the design theme of the structure.
         (g)   Roof appurtenances, such as dormers, roof monitors, light wells, and mechanical vents, shall be gabled, hipped or shed designs, and shall function as true elements not used for aesthetic purposes only.
         (h)   Tower elements are strongly discouraged. Tower elements may not be substituted in lieu of, nor considered as, pitched roof elements in order to meet the requirements of this division.
         (i)   Projecting parapets, where allowed, must have return/depth.
 
         (j)    Cornice, eaves and/or gable trim must have a traditional return. Boxed eaves trim shall be prohibited. Trim or cornice detailing must match at the returns into other elements.
 
         (k)   Long, monotonous roof design, including but not limited to, those characterized by unrelieved repetition of shape or form, or by unbroken extension of line, shall not be permitted.
         (l)   Shingles, metal, standing seam, corrugated or 5-V crimp, or other roofing materials with similar appropriate texture and appearance shall be utilized.
      (6)   Windows.
         (a)   Windows shall utilize traditional proportions and be taller than wide. Windows may not be flush with the exterior wall, but must be inset in a traditional manner.
         (b)   All windows shall have an expressed lintel and sill; provided, however, that first floor display, storefront systems, or full-length windows terminating at building grade or finished floor elevation do not require a sill.
         (c)   Picture and/or display windows.
            1.   Picture and/or display windows are required along the first floor of retail buildings within every structural bay, but shall be no less than every 25 feet along the primary street or right-of-way facade.
            2.   Window openings shall not constitute less than 40% of the first floor wall area of retail buildings along the primary street or right-of-way facade.
            3.   However, exceptions may be made, in consideration of such conditions as differences in elevation of the adjacent street and subject property, the presence of abutting frontage roads, and the width of adjacent roadside buffer, to exempt retail buildings from the 40% first floor window requirement. Buildings will still need to maintain a primary building facade along the primary street or right-of-way as required in § 156.310(F)(2).
 
            4.   Picture and/or display windows must remain open to view from the exterior at all times, and may not be covered, screened, blocked or diminished in any manner for a distance of three inches inside the window. A minimum of 20% of first floor windows must be picture windows to reveal interior activity.
         (d)   Hurricane protection of windows shall be integral to the design of the building, or shall utilize subtle attachment methods that do not detract from its architectural or visual character. Exterior mounted roll-up hurricane shutters are prohibited. Impact-resistant glazing is encouraged.
         (e )    H al f- ro u n d ar c hed windows shall be prohibited. Segmented, jack or flat arches may be incorporated when appropriate to the design of the structure.
 
         (f)   Spandrel glass is only allowed as glazing in front of interstitial space on multi-story buildings. Spandrel glass is prohibited on the ground floor of a structure.
 
         (g)   Glass shall be clear, grey or green, and may not be tinted greater than 30%. Awnings and/or canopies shall be used to shade windows, if shading is desired.
      (7)   Awnings and canopies and balconies.
         (a)   All awnings must be canvas, cloth or similar material. Stretched vinyl or materials similar in material, texture or appearance are prohibited.
         (b)   Tops of awnings must be attached at tops of windows. Awnings must project a minimum of three feet from the face of the building. The bottom of the awning shall not be located higher than ten feet from grade.
 
         (c)   Awnings and canopies shall not be illuminated.
         (d)   Canopies are allowed where appropriate to the design theme and materials of the structure.
 
         (e)   Canopies shall have metal roofing, translucent roof panels and/or glass roofing, whichever is most appropriate to the design theme of the structure.
         (f)   The support structure shall be wood or metal, whichever is most appropriate to the design theme of the structure.
         (g)   Metal supporting members shall utilize escutcheons.
         (h)   Both awnings and canopies shall be designed to protect pedestrians from the weather and/or provide shade for windows.
         (i)     Arcades are prohibited.
 
         (j)   Balconies must function as true, functional balconies, and may not be used for aesthetic purposes only.
      (8)   Sign bands.
         (a)   Sign bands and/or sign areas shall be designed into the facades of all retail buildings. Sign bands and/or sign areas on other building types and structures shall be similarly considered, and be integral to the composition of the facade.
         (b)   Building signs shall be limited to the sign band and/or sign areas of buildings, and may not extend beyond the limits of sign band and/or sign area, where such buildings are in compliance with this section.
 
         (c)   The location and dimension of wall signs shall be indicated on the architectural elevations of proposed structures, and shall maintain compatibility with the architectural features of the structure.
         (d)   Approval of architectural plans with signs or sign areas shown on the building shall not constitute sign approval. A separate application for a sign permit must be submitted for sign approval as required by § 156.152.
         (e)   A symbol or symbols attached to a building shall not be allowed, unless it is secondary in appearance to the structure and landscape, and is an aesthetic asset to the building and surrounding area. Where such symbols are allowed, they shall count towards the allowable sign area of the building.
      (9)   Mechanical.
         (a)   Mechanical equipment, including exhaust hoods and grease traps, whether ground level, raised or rooftop, shall be shielded and screened from public view, and designed to be perceived as an integral part of the building.
         (b)   Roof-mounted equipment shall not be located on the primary street or right-of-way side of a building. All roof-mounted equipment shall be screened from public view.
      (10)   Loading areas and/or service courtyards and/or dumpsters.
         ( a)    Structures shall be oriented so that loading areas, service courty ards and/or dumpst ers are in no manner visible from residen tial district s, or from existin g or planne d future public rights-of- way. Loading areas and service courtyards shall be screened from view by the use of a wall that is compatible with the overall architectural scheme of the project and appropriately landscaped.
 
         (b)   Loading areas may be oriented toward adjoining commercially zoned, developed properties, or toward adjoining properties eligible for future commercial development, if, and only if, they are entirely screened from view by the use of a wall that is compatible with the overall architectural scheme of the project and appropriately landscaped.
         (c)   Service areas, vehicle repair, installation facilities or service facilities with roll-up or service doors, facing an existing right-of-way or proposed or future street or public right-of-way, must use glass doors to create the appearance of storefront units consistent with the concepts expressed in § 156.310(E). Provided, however, that exceptions may be made in consideration of such conditions as differences in elevation of the adjacent street and subject property, the presence of abutting frontage roads, and the width of adjacent roadside buffers.
         (d)   Vehicles, mobile units, and containers which provide a temporary or permanent service for a business must be screened in accordance with this division (10), Loading areas, above.
      (11)   Colors.
         (a)   Color combinations of paints or stains shall be complimentary.
         (b)   In no case shall garish colors be permitted.
         (c)   In general, no more than three different colors per building shall be allowed, not including a neutral trim color.
   (F)   Site plan review guidelines.
      (1)   General.
         (a)   Ease of pedestrian access between proposed developments and adjacent developments shall be a required consideration in the development of a proposed project's site and circulation plans.
         (b)   The architecture, landscaping and building siting must work in concert to create a unified appearance that contributes to the existing/developing streetscape.
         (c)   Proposed development shall avoid excessive or unsightly grading, indiscriminate earth moving or clearing, and removal of trees and vegetation that could cause disruption of natural water courses or disfiguration of natural land forms.
         (d)   Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the subject parcel, and with that of surrounding parcels.
      (2)   Siting of buildings. The following standards shall apply for determining building orientation within the development area; provided, however, that exceptions may be made in consideration of such conditions as differences in elevation of the adjacent street and subject property, historic tree location, the presence of abutting frontage roads, and the width of adjacent roadside buffers, and further provided that drive-through and drive-up uses are subject to the provisions of § 156.310(F)(6)(k)4. herein.
         (a)   All buildings shall be located directly adjacent to the primary street or right-of-way, with parking located to the side and/or rear of the building. The designated reviewing authority shall determine the primary street. Where the primary street is determined to be a drive aisle, public or private street, public or private access easement, or public waterway, the building must be located adjacent to the primary street.
         (b)   All buildings located at intersections or corner properties, including entry drives to shopping centers and/or developments, shall be located at the corner adjacent to the intersection, with parking located to the side and/or rear of the building. The designated reviewing authority shall determine the primary street.
 
         (c)   No pervious or impervious areas used for drive aisles, parking areas, or related vehicular activities shall be allowed between the building and the street.
         (d)   The setback distances from lot lines having street frontage shall be determined during the Design Review Process by the designated reviewing authority, utilizing a build-to line between 20 and 30 feet, measured from the property line.
      (3)   Landscaping.
         (a)   The purpose and intent of these landscaping requirements is to reduce the visibility of paved areas from adjacent properties and streets; to moderate climatic effects; to minimize noise and glare; to provide habitat for wildlife; to reinforce a sense of place with use of indigenous Lowcountry plants; and to enhance public safety by defining spaces that influence efficient traffic movement.
         (b)   A comprehensive landscaping program for each individual lot or parcel located within the Commercial Design Review Overlay District is essential for protecting and promoting the appearance, character and economic value of land. As such, a landscape plan is required for all projects.
         (c)   Landscaping will reduce the amount of storm water runoff and provide transition between neighboring properties. The use of bio- swales, rain gardens, and similar storm water management practices is encouraged.
         (d)   Landscape design and planning shall be integrated with the overall project design concept and shall not be considered as merely an afterthought. Emphasis shall be placed upon landscaping as a means of achieving beauty in the community and, in some areas, it will be the primary tool available. Toward this end, proposed landscaping will be evaluated in relation to:
            1.   Existing natural landscape that may be used as a "plant palette" for the given site;
            2.   Existing or proposed buildings; and
            3.   Developed and proposed landscaping, including that existing on adjacent properties and street rights-of-way, to provide consistent street tree plantings.
         (e)   Landscaping shall be required between buildings and sidewalks and/or buildings and curbing, and between parking lots and driveways.
            1.   Such landscaping shall include understory and canopy trees, as approved by the designated reviewing authority.
            2.   The scale of the proposed landscaping and landscape areas shall be in proportion to the building.
            3.   Landscape areas shall be appropriately sized for required plantings.
         (f)   Landscaping at buildings or in planters immediately fronting a building.
            1.   Proposed landscaping shall consider architectural features in order to avoid immediate or future conflict with projecting elements.
            2.   Proposed landscaping shall consider building signage locations to avoid adverse pruning for sign visibility.
 
         (g)   Types and selection of landscaping.
            1.   Landscaping includes not only trees and plantings, but also paving, benches, fountains, exterior lighting fixtures, fences, any other items of exterior furniture; as well as landscape areas for the proposed trees and plantings.
            2.   All items of the landscape are to be selected for both their functional and aesthetic value, and must complement the whole.
         (h)   No existing vegetation of any type, size or origin shall be altered or removed, unless it satisfies the requirements of this section, § 156.201 and §§ 156.220 et seq.
      (4)   Bufferyards.
         (a)   Minimum visual buffer.  Each approved application for development shall provide a minimum visual buffer between:
            1.   The development and the right-of-way line of the subject roadway(s);
            2.   All proposed structures and parking areas; and
            3.   Neighboring developments, in accordance with the landscaping requirements of this section and § 156.201.
         (b)   The purpose of the minimum visual buffer is to:
            1.   Soften the appearance of structures and parking lots from the road;
            2.   Screen vehicular headlight glare on- and off-site;
            3.   Lessen spillover light from on- site lighting; and
            4.   Enhance the aesthetics of the site.
      (5)   Parking areas.
         (a)  Placement of parking lot.
            1.   The placement of the major portion of a proposed development's parking area to the rear of a main structure's corridor facade, or within a courtyard surrounded on three sides by a proposed structure, is strongly encouraged.
            2.   The rationale for this guideline is to promote good proportional spatial definition for the corridors, to be accomplished through a reduction in the distance required for a building's setback.
         (b)   Parking areas and driveways shall be paved with material that is appropriate to:
            1.   The comprehensive design scheme of the project; and
            2.   The intensity of use to which parking areas and driveways will be subjected.
      (6)   Miscellaneous site considerations.
         (a)   Utilities.
            1.   The necessity for utility connections, meter boxes and other similar elements should be recognized and integrated with the architectural elements of the site plan, proposed landscaping and general site layout.
            2.   All utility lines, such as electric, telephone, CATV or other similar lines serving individual sites, as well as all utility lines necessary within the property, shall be placed underground in accordance with the following provisions:
               a.   Existing aerial lines may be maintained in their present location and configuration, but there shall be no net gain in additional aerial lines when providing new service.
               b.   Where development requires existing aerial lines to be relocated, they will then be required to be placed underground.
               c.   Properties to be serviced from existing aerial distribution lines located across a street shall be required to bore beneath roads to reach the proposed development, and shall not cross a street with an aerial line to set a dip pole to serve the proposed development.
               d.   In cases of off-site connections, additional survey information shall be required to adequately address potential off-site impacts.
               e.   Where these off-site impacts occur within another jurisdiction, such as Charleston County, approval of utility installation shall be furnished to the town prior to receiving approval.
            3.   All utility pad fixtures and meters shall be shown on the proposed site plans, and shall include:
               a.   Method of installation;
               b.   Location of connection to existing facilities;
               c.   Size of cabinet or box;
               d.   Direction of door swings on applicable cabinets;
               e.   Proposed easements associated with the new utility installation; and
               f.   Direction of access to service the fixture.
            4.   All utility boxes, cabinets and other similar aboveground structures shall be screened with appropriate landscaping, as approved by designated reviewing authority and the pertinent utility agencies, from all sides that are visible from a public or private street, access way and portions of parking lots that function as streets or thoroughfares.
            5.   Whenever possible, utility boxes shall be located in areas that will not require bollards for their protection.
         (b)   Shopping cart storage.
            1.   In general, carts are encouraged to be stored inside the building. However, if outdoor storage of carts is intended, an enclosure is required that does not impede lateral or direct pedestrian traffic to the subject building or adjacent buildings.
 
            2.    Shopping cart corrals located in parking areas.
               a.   Typical prefabricated pipe or plastic enclosures placed in a parking space shall not be allowed; rather, corral enclosures shall be incorporated into a parking lot planter island, with concrete curbing outlining the storage area.
               b.   To the degree possible, the corral shall be designed to retain the minimum required planter island size, and shall be roughly centered in one side of the island, leaving two narrow peninsular islands forming the sides of the enclosure.
               c.   For island configurations of other proportions, the designated reviewing authority shall have the flexibility to allow other and similar tree planting requirements as needed to suit the condition.
               d.    Landscape treatments shall be dictated by the size and configuration of the planter island parking corral, but in all cases shall generally correspond to the graphic representation below.
 
         (c)   Mail boxes, outdoor sales racks, and similar items.
            1.   These items shall be shown on site plans and have cut sheets provided to convey the sizes, colors, finishes and the like, of each item.
            2.   These items shall be placed in areas so as to not impede pedestrian access or landscape maintenance.
         (d)   Outdoor furniture, benches, water fountains, bicycle racks, refuse containers, and other forms of outdoor furniture shall be shown on all site plans, with the number and placement of fixtures evaluated with respect to:
            1.   Style, size, color, material and finish;
            2.   Consistency of style within a development; and
            3.   Strategic locations within the development layout.
         (e)   Bollards. The use of bollards is strongly discouraged. Alternative methods of structure protection shall be employed wherever possible, such as:
            1.   Site redesign to increase distance from the travel aisle to the structure to be protected.
            2.   The use of landscaping and/or other structures, such as trash cans, benches, steps and the like, that will provide varying levels of protection.
            3.   In cases where the above remedies are impractical, the following treatments may be utilized, in order of preference:
               a.   Decorative concrete bollards, with detail expressed from the architecture of the building; and to the extent possible, so designed as a site amenity able to accommodate dual uses, such as seating, incorporation of plantings, trash enclosures, public art, lighting and the like;
               b.   Pipe bollards, provided that they are no taller than 36 inches, no more than five inches in diameter, and painted black or a color to match an adjacent site or building element.
         (f)   Screening for dumpster and roll-out trash can enclosures, HVAC, generators, compactors, and other similar elements.
            1.   The location of these elements shall be clearly indicated on the project site plan.
            2.   All such elements shall be screened from view, in an enclosure built entirely of masonry or wood infill walls between masonry columns, with enclosure detailing to match the architecture of the building.
            3.   HVAC units, generators and other similar elements shall be screened with an appropriate enclosure constructed of materials to match the building.
         (g)   Satellite dishes.
            1.   All ground-mounted satellite dishes shall be shown on the project site plans; and:
               a.   May not be located between building and street; and
               b.   Shall be completely screened from view from the street or right-of-way.
            2.   All building- or structure- mounted satellite dishes shall be shown on the architectural plans (refer to architectural section addressing the same).
         (h)   Telecommunication towers and associated ground-mounted equipment.
            1.   A fence and/or wall is required to screen the equipment. However, in no case shall chain link fencing be used to screen the equipment.
            2.   Unless otherwise required by the Board of Zoning Appeals through special exception approval, the designated reviewing authority may also require the installation of a 20-foot, Type C perimeter landscape buffer.
         (i)   Free-standing signage.
            1.   All free-standing signs shall be shown on the site plans and landscaping adjusted to incorporate and accentuate the sign.
            2.   The sign design shall have its text at an appropriate height and its plantings appropriately designed to avoid maintenance conflicts with landscaping.
         (j)   Truncated domes (detectable warnings).
            1.   Prefabricated truncated dome mats shall not be allowed.
            2.   Poured-in-place and imprinted concrete are strongly discouraged.
            3.   Use of prefabricated pavers with truncated domes are preferred where such detectable warnings are required. Consideration should be given to paver joints being mortared. Paver color shall contrast with the walking surface within which they are placed.
         (k)   Pedestrian access, crosswalks, sidewalks. In all cases, ease of pedestrian access between proposed developments and adjacent developments shall be a required consideration in the development of a proposed project's site and circulation plans.
            1.   Crosswalks.
               a.   Crosswalks shall be prominently designed, and located at street intersections, the intersection of parking lot entrances with abutting streets, and in other locations where pedestrians are invited to cross vehicular areas.
               b.   The texture and/or color of their paving material shall contrast with that of the street.
               c.   Raised pedestrian crosswalks (speed tables) may be utilized and are encouraged as a traffic-calming device in areas containing both high pedestrian activity and long, unbroken vehicular straightaways.
               d.   Crosswalks made of entirely thermoplastic or painted lines will not be allowed unless part of another governmental agency's requirements. However, thermoplastic may be used as a border to a stamped and painted asphalt product serving as the field or interior of the crosswalk.
            2.   Internal crosswalks for commercial projects.
               a.   Where crosswalks are required within a commercial center, uninterrupted travel-way sections of more than three lanes shall be avoided.
               b.   Uninterrupted travel-way sections of more than four lanes shall not be allowed.
               c.   Where wider travel-way sections are required, curb bump outs, medians and other design features shall be employed to ease pedestrian crossing at intersections.
               d.    When medians are used to break a travel-way section of four or more lanes, they shall be at least five feet in width, from back of curb to back of curb, allowing an adequate and safe resting zone for crossing pedestrians, and allowing room for canopy tree plantings to contribute to the streetscape, break the expanse of asphalt, and reduce the scale of the travel-way.
 
               e.   The above provisions shall apply to private streets, access ways, and portions of parking lots that function as streets.
            3.   Sidewalks.
               a.   Sidewalk connections shall be required between the development walkway system and the public sidewalk, which shall be strategically placed to best facilitate movement from the entrance(s) of development building(s) to the public sidewalk.
               b.   Commercial projects fronting streets currently without public sidewalks shall provide a minimum-five-foot sidewalk within the road right-of-way.
               c.   Corner developments or those that otherwise front multiple streets shall provide a public sidewalk in the right-of-way on street(s) currently without a sidewalk.
               d.   In unique cases where a sidewalk cannot be in part or fully provided on the right-of- way, a public sidewalk shall be provided, in part or in full, on private property with a public access easement provided to cover that portion of sidewalk on private property.
               e.   Corner developments or those that otherwise front multiple streets shall provide a sidewalk connection to all streets.
               f.   Projects containing multiple buildings on a particular street frontage shall provide multiple points of connection to the public sidewalk.
         (l)   Drive-through and drive-up uses.  Drive-through access shall be integrally designed with the building, and shall not dominate the design generally or wrap around the street side(s) of the building; provided, however, that exceptions may be made in consideration of such conditions as differences in elevation of the adjacent street and subject property, historic tree location, the presence of abutting frontage roads, and the width of adjacent roadside buffers; and further provided that the following provisions hereunder shall apply, except that drive-through access and parking areas shall not be allowed in the activity zone of properties located in the UC- OD, Urban Corridor Overlay District, and other such areas as may be designated in the future.
            1.   Banks (or similar financial institutions), post offices or utility company offices.
               a.   Multi-lane, drive-through access is allowed, but shall be limited to no more than four lanes, including a by-pass lane.
               b.   Such uses are encouraged to provide hybrid lanes, which may accommodate two functions per lane such as a tube and an ATM.
               c.   Drive-through medians containing tubes or other equipment shall extend beyond the canopy above and be left open as planters, with a width no less than 30 inches wide, as measured between the back of curb on each side, to provide the opportunity for plant material to serve in place of bollards and reduce the expanse of asphalt.
               d.   Paved areas approaching and exiting the drive-through area shall be narrowed to the best extent possible.
 
            2.    Gas stations and other, similar pump-dispensed uses.
               a.   Gasoline and other chemical pump dispensers, and any canopies covering the dispensers, shall be located to the side of, or behind, the building so that it is between the pumps and the primary street frontage.
               b.   If located on a corner lot, the building must be situated in the corner of the lot at the intersection.
               c.   Drive-through medians containing dispensing pumps or other equipment shall extend beyond the canopy above and be left open as planters, with a width no less than 30 inches wide, as measured between the back of curb on each side, to provide the opportunity for plant material to serve in place of bollards and to reduce the expanse of asphalt.
               d.   Accessory buildings, vacuum units, air stations, ice chests and the like are to be shown on the site plans for approval, and shall be sited in such a way as to allow screening and not disrupt pedestrian flow on sidewalks. In no case shall they contain garish colors on emblems, stickers or other visible means of attracting attention.
            3.   Pharmacy, fast food restaurant and similar uses.
               a.   These uses that are located outside of the UC-OD, Urban Corridor Overlay District, may utilize a single drive-through access lane and/or a single row of parking, with a two-way drive aisle located between the building and the primary street frontage, pursuant to the following conditions:
                  i.   The drive-through pick-up window shall not be located on the primary street.
                  ii.   The drive-through access isle and parking shall be suitably screened from view, with a structure such as a pierced-brick wall and/or a vegetated hedge of single- or double-row vegetation. Because individual building sites vary and to provide variety in design, these treatments will be determined during the Design Review Process.
                  iii.   The plant unit multiplier shall be 1.5 for required vegetation, except as stated above, if a hedge screening treatment is utilized, and the canopy trees utilized shall be from the list as provided in § 156.224(A).
               b.   Double- or multi-lane drive-through access is allowed elsewhere on the site, but not between the building and the primary street frontage.
               c.   The drive-through lanes and access aisle(s) shall be considered separately and will not be limited to a 24-foot-total width of paving.
               d.   Paved areas approaching and exiting the drive-through area shall be narrowed to the best extent possible.
   (G)   Site lighting requirements.
      (1)   Purpose.
         (a)   The purpose of this division is to reduce the problems created by improperly designed and installed outdoor lighting.
         (b)   While intended to provide appropriate lighting levels for all commercial uses, it also requires that all outdoor fixtures be decorative in design and contribute to the aesthetic quality of the project.
         (c)   It is further intended to eliminate glare, minimize light trespass and sky glow, and reduce unnecessary excess outdoor lighting, by designating maximum, maintained, footcandle levels and design standards for all outdoor lighting fixtures.
      (2)   Fixture requirements and definitions thereof. All lighting fixtures designed or placed so as to illuminate any portion of a site or building shall meet the following requirements:
         DIRECT LIGHT.  Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.
         FIXTURE.  The assembly that houses the lamp or lamps, and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, or a refractor or lens.
         FLOOD OR SPOT LIGHT.  Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
         GLARE.  Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
         HEIGHT OF LUMINAIRE.  The vertical distance from the ground directly below the centerline of the luminaire to the lowest, direct, light- emitting part of the luminaire.
         LAMP.  The component of a luminaire that produces the actual light.
         LIGHT TRESPASS. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
         LUMEN.  A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of the bylaw, the lumen output values shall be the initial lumen output ratings of a lamp.
         LUMINAIRE.  A complete lighting system, including a lamp or lamps and a fixture.
         OUTDOOR LIGHTING. The illumination of an outside area or object by any man- made device located outdoors that produces light by any means.
      (3)   General requirements.
         (a)   The light source (lamp) shall only be incandescent, fluorescent or metal halide. The lamp selected shall be consistent throughout the site.
         (b)   Illumination levels shall be measured in footcandles.
            1.   Illumination levels shall not exceed the recommended levels established by the most recent publication of the Illuminating Engineering Society of North America, as assigned by activity or use.
            2.   When a particular activity or use is not defined or sufficiently clear, the Zoning Administrator or designee shall assign a footcandle level.
         (c)   The average to minimum ratio for all illuminated areas, unless otherwise specified, shall be 3:1.
         (d)   Uniformity index level.
            1.   Uniformity index level criteria shall meet those established by the most recent publication of the Illuminating Engineering Society of North America, as assigned by activity or use.
            2.   When a particular activity or use is not defined or sufficiently unclear, the Zoning Administrator or designee shall assign a uniformity index level.
         (e)   All exterior lights shall be arranged and installed so that direct or reflected illumination does not exceed 0.5 footcandles above the background, measured at the lot line of any adjoining residential or agricultural parcel.
         (f)   Lighting standards.
            1.   Lighting standards shall be of a directional type, capable of shielding the light source from direct view from any adjoining residential or agricultural parcel and public right-of-way. 
            2.   Light sources (light bulbs) shall not be visible.
            3.   They shall be shielded to reflect down onto the ground and not out onto the streets or neighboring property.
         (g)   Landscape lighting or lighting designed to illuminate specific site features shall be of low-intensity from a concealed light source fixture that  does not:
            1.   Distort colors or structures;
            2.   Spill over into adjoining properties and roadways; or
            3.   In any way interfere with the vision of oncoming motorists.
         (h)   Lighting shall enhance the overall aesthetics of the site.
         (i)   Lighting shall be integrated with the architectural design of the building.
         (j)   All outdoor light fixtures maintained on property exceeding 40,000 square feet of enclosed floor area, whether installed before, on or after the effective date of this subchapter, shall be turned off between 11:00 p.m. (local time) and sunrise, except when used for:
            1.   Commercial and industrial uses (such as sales, assembly and repair areas) where business is conducted after 11:00 p.m., but only while the business is open to the public;
            2.   Lighting necessary for security purposes or to illuminate walkways or roadways;
            3.   Recreational use that continues after 11:00 p.m., but only for so long as such use continues.
         (k)   Security lighting shall be provided, particularly at pedestrian walkways.
      (4)   Pole-mounted lighting.
         (a)   The light source (lamp) shall be housed inside an IES cutoff-rated fixture.
         (b)   The light source shall be completely concealed within an opaque housing, and shall not be visible from any adjacent property or public right-of-way.
         (c)   Area of intended illumination.
            1.   The area of intended illumination shall be primarily below the horizontal plane of the top of the fixture.
            2.   No more than 5% of the illumination may be allowed above the horizontal plane of the top of the fixture.
         (d)   Non-cutoff-rated fixtures.
            1.   Limited use of non-cutoff- rated fixtures will be allowed, when used specifically as an accent or design feature.
            2.   The use of non-cutoff lights must be approved by the Design Review Board or designee.
         (e)   All pole-mounted light fixtures are to be flush-mounted to existing grade.
            1.   Proper pole offsets from parking areas, curbing and wheel stops shall be used to prevent automobile and pole conflicts.
            2.   If the pole cannot be adequately protected through these methods, it may be mounted on a structure no taller than 36 inches from the average surrounding grade, and must be similar in color and material to the primary building on site or as designated by the Design Review Board.
            3.   Bollards will not be permitted.
         (f)   All lighting fixtures and poles:
            1.   Shall be decorative in design;
            2.   Shall primarily complement the architecture and design themes established for the site; and
            3.   Shall not be incongruent with other design themes utilized by the municipality.
         (g)   Lamp wattage.
            1.   Lamp wattage should not exceed 250 watts on pole-mounted lights.
            2.   Wattage in excess of 250 will only be allowed in circumstances where specific site limitations require additional wattage.
         (h)   Luminaire heights.
            1.   Luminaire heights shall not exceed 18 feet from the average surrounding grade, except in parking areas where:
               a.   The total number of required parking spaces exceed 250 paved spaces; and
               b.   The parking is arranged within courtyards measuring 400 feet by 400 feet.
            2.   If more than 250 spaces are required, then luminaires no higher than 25 feet may be utilized, provided:
               a.   They are limited to the central areas of the parking lot; and
               b.   Lower fixtures not exceeding 18 feet in height are utilized along the primary vehicular/pedestrian corridors.
         (i)   Pole-mounted lighting within service or loading areas may be required to provide additional shielding so that the light is contained specifically within the service or loading area.
      (5)   Building lighting, building area lighting and service area lighting.  In addition to the general guidelines established above in subsection (G)(3), any lighting designed or intended to illuminate any exterior portion of a building, its immediate surroundings, or service/loading areas shall meet the following requirements:
         (a)   Ground-mounted lighting.
            1.   All ground-mounted fixtures shall be shielded so that all of the light is focused on the building facade.
            2.   Footcandle levels from ground-mounted fixtures shall not exceed ten footcandles at any point measured on any portion of the building illuminated by the fixture.
            3.   Ground-mounted lighting shall be placed no further than 20 feet away from the building.
         (b)   Building-mounted lighting.
            1.   Lighting intended to illuminate the roof of a structure is strongly discouraged.
            2.   The placement of neon banding on any portion of a building is not allowed.
            3.   Wallpack-style fixtures are allowed in service/loading areas of properties zoned LI, Light Industrial.
               a.   The wallpacks shall be shielded in such a manner that light emitted by the device or fixture, whether directly from the lamp or indirectly from the fixture, are restricted to regions below an angle 15 degrees beneath the horizontal plane running through the lowest point on the fixture where light is emitted.
               b.   No significant intensity of light shall be emitted from the fixture horizontally, nor above the horizon.
               c.   When the service area is highly visible from a street or any area with significant pedestrian and automobile traffic, wallpacks will not be allowed.
            4.   All other lighting placed on the building itself shall be decorative in design, and shall primarily complement the architecture and design themes established for the site.
            5.   The use of IES cutoff-rated fixtures is encouraged for all lighting placed on the building that is not specifically utilized for service areas.
         (c)   Gas stations; overhead canopies; drive-through canopies.
            1.   All lighting housed beneath the canopy shall be recessed or flush-mounted with the canopy ceiling so that no portion of the light source extends below ceiling plane.
            2.   A drop lens is allowed and may extend below the ceiling plane no further than two inches.
            3.   The maximum to minimum ratio for the area beneath the canopy shall not exceed 2:1.
         (d)   ATM machines.
            1.   Lighting for ATM machines shall not exceed IES-recommended levels for security.
            2.   Area lighting for ATM machines shall extend for a radius not to exceed 50 feet from the face of the machine, or as determined by the Design Review Board or designee.
      (6)   Requirements for submittal.
         (a)   At the time of Design Review Board application, a site lighting plan shall be submitted with a minimum scale of one inch equals 20 feet.
         (b)   Provide location and mounting information for each light.
         (c)   Illumination calculations showing:
            1.   Light levels in footcandles at points located on a ten-foot center grid;
            2.   Maximum to minimum ratio;
            3.   Average maximum to minimum ratio; and
            4.   Uniformity level/ratio.
         (d)   A fixture schedule listing fixture design, type of lamp, and wattage of each fixture.
         (e)   Manufacturer's photometric data for each type of light fixture.
      (7)   Nonconforming site-lighting design and site-lighting levels.
         (a)   Purpose.  Where lighting fixtures and lighting devices legally exist on the effective date of this subchapter, or any subsequent amendment thereto, and are not in conformity with the provisions of this chapter, it is the intent and purpose of this division:
            1.   To declare such lighting to be nonconforming and detrimental to the orderly development of the town; and
            2.   To eliminate such nonconforming lighting as quickly as possible, consistent with the rights of the owners and users thereof, for the purpose of protecting the public health, safety and general welfare.
         (b)   Attrition of nonconforming site lighting.
            1.   Continuation of existing site lighting.  Any site lighting existing at the time of the enactment of this subchapter that does not conform with the provisions of this subchapter for the district in which it is located shall be deemed a nonconforming site-lighting design, and may be continued only as hereinafter specified.
            2.   Repairs, alterations and maintenance. 
               a.   Ordinary repairs or maintenance may be made to a nonconforming pole- mounted lighting or other site-lighting devices, as required to keep it in sound condition.
               b.   Repairs requiring the removal or replacement of pole-mounted lighting or other site-lighting devices shall not be permitted, except such as are required by law or ordinance or authorized by the Zoning Administrator.
               c.   No nonconforming pole- mounted lighting or other site-lighting device shall be moved, altered, enlarged, or replaced except in conformity with the provisions contained herein.
            3.   Abandonment of use. 
               a.   A nonconforming pole- mounted light or other site-lighting device that has been declared abandoned by the Zoning Administrator shall be removed within 90 days of written notification thereof, and shall not thereafter be reestablished, except in conformity with the provisions of this chapter.
               b.   Evidence of abandonment shall be demonstrated by a discontinuance of the use, activity, place or business on the site, or willful lack of maintenance to the extent that the lighting device is in obvious disrepair.
            4.   Restoration of damaged nonconforming site lighting.
               a.   Any nonconforming site lighting damaged by more than 50% of its reasonable replacement cost at the time of damage assessment, either through neglect, deferred maintenance or normal wear and tear over a period of time, or by fire, flood, explosion, wind, earthquake, war, riot, or other act of God, shall not be restored or reconstructed and used as before such happenings, unless in conformity with the provisions contained herein.
               b.   If less than 50% damaged, it may be repaired and used as before, provided that such repair is started within six months of such happenings.
               c.   The percentage of damage shall be calculated by dividing the estimated cost of restoring the sign to its pre-damaged condition by its reasonable replacement cost.
   (H)   Development patterns for commercial villages.
      (1)   Developments consisting of shopping centers, strip centers, super centers, malls, and other combined commercial projects totaling more than 100,000 square feet, including outparcels, shall be subject to the requirements of this section.
      (2)   The Commercial Village concept shares certain similarities with standard enclosed malls in terms of business types, but its land use patterns differ considerably.
         (a)   Where enclosed malls are surrounded by large, streetless seas of asphalt, which, in turn, are surrounded by numerous developed outparcels devoid of pedestrian linkages; the Commercial Village will assimilate various uses on a unified street system capable of continued evolution, and will display a design integrity specifically created to appeal to and attract people.
         (b)   Design elements will include excellence in the architecture of structures, unified scale and proportionality shared by buildings, street furniture, lighting standards, streets and parking lots, the use of window displays, and convenience of parking relative to sidewalks.
         (c)   The accommodation of automobiles, though utterly essential, will not dominate land use patterns or design quality.
      (3)   Applicability and requirements.
         (a)   Only commercial development that falls within the Commercial Village designation, as specified in division (H)(1) above, must meet the following development criteria.
         (b)   All codified development criteria otherwise required by the town will apply (that is, the Commercial Design Review Overlay District provisions, tree ordinance, landscape ordinance, sign ordinance, parking ordinance, site plan review procedures, and the like), in addition to the following:
            1.   Parking lots.
               a.   Parking lots will be designed to accommodate pedestrians and landscaping, as well as constituting vehicular storage.
                  i.   Parking areas will be located within reasonably safe walking distances from destinations.
                  ii.   No parking spaces shall be further than 400 feet from the entrance to a commercial building.
                  iii.   Though the number of parking areas will not be restricted, each individual parking lot area will measure no larger than 400 by 400 feet.
               b.   All parking lots will provide pedestrian linkages to the buildings they serve. In order to channel foot traffic to appropriate entrances and exits, clearly marked pedestrian sidewalks and pathways are required within large parking lots accommodating more than 100 vehicles.
               c.   Parking lot areas will be clearly designated by the use of borders around the perimeter.
                  i.   Borders may be created by landscape strips, buildings, walls, or fences.
                  ii.   When walls and fences are utilized, the landscaped strip may be reduced to five feet.
                  iii.   Otherwise landscaped borders shall be ten feet wide.
               d.   Curbing is required within parking lots, unless suitable substitutes are approved through the Design Review Process.
               e.   Parking lots will be positioned to the rear or side of buildings in most instances.
                  i.   Where this is not required as a result of the Design Review Process and where they abut streets, parking lots will be shielded from view by the use of walls and landscaping that contribute to the streetscape of the adjacent built environment.
                  ii.   Entrances to parking areas will be evident through the use of landmark entrance treatments.
               f.   Street trees will be abundantly planted throughout parking lots. Canopy trees will be planted between every 12 parking places.
               g.   Parking decks are encouraged to reduce lateral parking space requirements and increase the amount of landscaped and/or buildable area.
               h.   In no case shall paved parking space requirements of private firms exceed town standards. Excess parking may be provided, if it is composed of porous or semi-porous material;
            2.   Streets.
               a.   A system of interconnecting, predominantly linear streets will be required.
               b.   All streets include sidewalks on each right-of-way.
                  i.   The width of the sidewalks will be determined by the estimated amount of pedestrian traffic.
                  ii.   In most instances, where buildings abut sidewalks, an eight- to ten-foot width will be necessary.
               c.   Angled and/or parallel parking shall be provided along streets where it can be safely accommodated.
               d.   Street trees will line every street to contribute to the definition of the streetscape, and will be selected to create a street canopy that provides effective shade for pedestrians and vehicles. They will be planted to provide separation of the sidewalk from the street curb.
               e.   Buildings will be separated from street sidewalks by narrow, planted earth islands, landscaped boxes, or other landscaped features.
               f.   All streets will have standing curbs.
               g.   Street furniture, particularly in the form of benches, kiosks, drinking fountains, and trash receptacles, will be strategically placed for the benefit of pedestrians.
               h.   Prominently designed, strategically located pedestrian crosswalks will be utilized at street intersections, and at the intersection of parking lot entrances with abutting streets.
                  i.   The texture and/or color of their paving material shall contrast with that of the street.
                  ii.   In appropriate cases, they shall match the color and texture of sidewalks.
            3.   Structures.
               a.   Structures, including buildings, utility buildings, and parking decks, will display a high degree of architectural integrity to promote the appearance, character, and economic value of the property.
               b.   Office or residential uses are encouraged above retail uses.
               c.   The main facade of buildings will face principal streets.
               d.   Building facades facing parking lots will be as attractive as street-front facades.
               e.   Buildings will follow a generally uniform setback along the street. Variations will be allowed to accommodate architectural features.
               f.   Individuality in the design of each building will not be discouraged.
                  i.   Rather, unity between buildings will rely primarily on proportional relationship and composition of material.
                  ii.   Regardless of height, buildings will relate to one another by exactly or closely approximating each other's cornice and fenestration lines.
               g.   The establishment of a successful relationship between the scale of structures is critical.
                  i.   Regardless of height or size, buildings must respect one another's scale, particularly where large buildings abut small buildings.
                  ii.   Therefore, large buildings will avoid wide, flat expanses by using architectural treatments to reduce the visual effect of width.
               h.   Proportional height-to- width ratios will be provided by project architects and applied to all structures and the development area. Tall structures that contain only one floor will use architectural treatments to infer a second story.
               i.   Structures designed solely to promote standardized corporate images will not be permitted.
               j.   All structures will be specifically designed for their particular sites and in consideration of the character of the entire development;
            4.   Signage. Signage criteria shall be established by the developer/owner of the project, subject to the commercial Design Review Process;
            5.   Landscape.
               a.   A landscaped pathway system capable of accommodating pedestrians and bikes will be required throughout the development.
               b.   Environmentally sensitive areas of the site shall be protected and enhanced by appropriate native vegetation.
               c.   Low maintenance, indigenous plants and flowers should be considered, where possible.
               d.   Park furnishing, decorative lighting, and drinking fountains shall be subject to the commercial Design Review Process;
            6.   Lighting.
               a.   Lighting standards will be of a pedestrian scale along all streets. Pedestrian scale is defined as not exceeding 14 feet in height.
               b.   Lighting standards utilized in parking lots shall not exceed 18 feet in height, except as otherwise permitted in § 156.310(G)(4)(h).
               c.   Lighting standards will be of a decorative design appropriate to the comprehensive design theme of the entire project.
('81 Code, §§ 155.57, 155.58, 155.59, 155.138)  (Ord. passed 8-13-91; Am. Ord. passed 1-12-93; Am. Ord. 99012, passed 4-21-99; Am. Ord. 99028, passed 7-13-99; Am Ord. 02024, passed 6-11-02; Am. Ord. 03074, passed 1-13-04; Am. Ord. 07071, passed 11-13-07; Am. Ord. 08046, passed 8-12-08; Am. Ord. 09042, passed 7-14-09; Am. Ord. 10044, passed 9-14-10; Am. Ord. 11070, passed 10-11-11; Am. Ord. 12076, passed 11-13-12; Am. Ord. 14047, passed 8-12-14; Am. Ord. 14049, passed 9-9-14)