SEC. 231. LIMITED CORNER COMMERCIAL USES IN RTO AND RM DISTRICTS.

   (a)   Purpose. Corner stores enhance and support the character and traditional pattern of RTO and RM Districts. These small neighborhood-oriented establishments provide convenience goods and services on a retail basis to meet the frequent and recurring needs of neighborhood residents within a short walking distance of their homes. These uses tend to be small in scale, to serve primarily walk-in trade, and cause minimum interference with nearby streets and properties. These uses are permitted only on the ground floor of corner buildings, and their intensity and operating hours are limited to ensure compatibility with the predominantly residential character of the district. Accessory off-street parking is prohibited for these uses to maintain the local neighborhood walk-in character of the uses.

   (b)   Location. Uses permitted under this section must be located:

      (1)   completely within an RTO, RTO-M, RM-3, or RM-4 District;

      (2)   on or below the ground floor; and

      (3)   in RTO Districts, on a Corner Lot, with no part of the use extending more than 50 feet in depth from said corner, as illustrated in Figure 231.

Figure 231.
Limitations on Corner Retail in RTO and RM Districts

      (4)   in RM-3, RM-4 and RTO-M Districts, on a Corner Lot, with no part of the use extending more than 100 feet in depth from said corner.

   (c)   Permitted Uses. Any use is permitted which complies with the most restrictive use limitations for the First Story and below of the nearest NCD, as set forth in Article 7, or an NC-1 District, as set forth in Section 710 of this Code.

   (d)   Use Size. No more than 1,200 square feet of Occupied Floor Area of commercial area in a RTO District and no more than 2,500 occupied square feet of Commercial Use in a RM-3, RM-4 or RTO-M District shall be allowed per Corner Lot, except those lots which occupy more than one corner on a given block and which may provide an additional 1,200 square feet of Occupied Floor Area of Commercial Use per additional corner, so long as the commercial space is distributed equitably throughout appropriate parts of the parcel or project.

   (e)   Formula Retail Uses. All uses meeting the definition of "formula retail" use per Section 303.1 shall not be permitted except by Conditional Use through the procedures of Section 303.

   (f)   Parking. No accessory parking shall be permitted for uses permitted under this Section.

   (g)   Operating Hours. The hours during which the use is open to the public shall be limited to the period between 6:00 a.m. and 10:00 p.m.

   (h)   Conditions. Any uses described above shall meet all of the following conditions:

      (1)   The building shall be maintained in a sound and attractive condition, consistent with the general appearance of the neighborhood;

      (2)   Any signs on the property shall comply with the requirements of Section 606 of this Code;

      (3)   Truck loading shall be limited in such a way as to avoid undue interference with sidewalks, or with crosswalks, bus stops, hydrants and other public features;

      (4)   Noise, odors and other nuisance factors shall be adequately controlled; and

      (5)   The use shall comply with all other applicable provisions of this Code.

   (i)   Street Frontage.  In addition to the street frontage requirements of Section 144, the following provisions of Section 145.1 shall apply to the street frontage dedicated to limited commercial uses permitted by this section: active uses per Section 145.1(c)(3); transparency and fenestration per Section 145.1(c)(6); and grates, railing, and grillework per Section 145.1(c)(7).

   (j)   Awnings.  Awnings are permitted, subject to the standards in Section 136.1(a) of this Code. Canopies and marquees are not permitted.

(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 63-11, File No. 101053, App. 4/7/2011, Eff. 5/7/2011; Ord. 174-12 , File No. 120715, App. 8/2/2012, Eff. 9/1/2012; Ord. 231-12 , File No. 121033, App. 11/14/2012, Eff. 12/14/2012; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 129-17, File No. 170203, App. 6/30/2017, Eff. 7/30/2017)

AMENDMENT HISTORY

Section header, divisions (a) and (b)(1), Fig. 231 caption amended; divisions (i) and (j) added; Ord. 63-11, Eff. 5/7/2011. Division (b)(3) amended; Fig. 231 relocated; division (b)(4) added; divisions (d), (h)(2), and (j) amended; Ord. 174-12 , Eff. 9/1/2012. Divisions (b)(3), (b)(4), and (d) amended; Ord. 231-12 , Eff. 12/14/2012. Reference amended in division (e); Ord. 235-14 , Eff. 12/26/2014. Divisions (b)(3), (b)(4), (c), and (d) amended; Ord. 129-17, Eff. 7/30/2017.

SEC. 231A.  [REDESIGNATED.]

(Added by Ord. 99-08, File No. 080339, App. 6/11/2008; redesignated as Sec. 230 by Ord. 196-11 , File No. 110786, App. 10/4/2011, Eff. 11/3/2011)