(A) The CC commercial corridor overlay district is established along Salisbury Avenue/US Highway 29N, in its entirety within the planning and zoning jurisdiction of the town and is inclusive:
(1) Of all NB, CB and HB districts abutting Salisbury Avenue;
(2) To a depth of 125 feet or the depth of one parcel, whichever is greater, in any residential district abutting Salisbury Avenue; and
(3) To a depth of 400 feet or the depth of one parcel, whichever is greater but not to exceed 400 total feet, in any industrial district abutting Salisbury Avenue.
(B) Development encouraged in the CC district should be visually harmonious, but not necessarily homogenous, with development located in and around downtown Spencer.
(C) The regulations contained in this section are in addition to those contained and which apply to buildings and uses in the underlying zoning district. Unless specifically noted, whenever there is a difference between the regulations contained herein and those prescribed in the underlying zoning district, the more restrictive regulations shall apply. Unless otherwise stated, the regulations shall apply to all new structures, any physical alterations to existing principal structures, as well as to expansions to existing principal structures.
(D) Setbacks. All buildings (except those located in the CB district) shall have a minimum front yard setback of ten feet. Buildings located in the CB district shall have a maximum front yard setback of ten feet. Outdoor seating areas may be allowed in the front yard. In addition, the outdoor placement of goods for sale at the retail level shall be allowed. All such goods that are visible from a public street shall be subject to the following regulations:
(1) Such goods shall be limited to those that can be readily carried without the assistance of a moving device (i.e., be less than 50 pounds in weight);
(2) Such goods shall be displayed during hours of operation only;
(3) Notwithstanding the above, the outdoor storage of tires and other vehicular parts and equipment shall be prohibited unless such goods are screened from the view of all public streets by screening in accordance with § 155.073(B)(15); and
(4) Such storage of retail goods may be placed on a sidewalk area directly in front of the lot containing the use that stores such goods. The goods may be placed on the sidewalk so long as they do not impede pedestrian traffic along the sidewalk and do not pose visibility problems for automobiles.
(E) Off-street parking. The following regulations shall apply within the CC commercial corridor overlay district:
(1) Notwithstanding the provisions of § 155.074, there shall be no required off-street parking within properties located in the CB district. That notwithstanding, as part of a special use permit approval, the Board of Adjustment may require that some or all of the parking requirements of § 155.174 are met through the provision of on-street parking and/or dedicated off-street parking facilities on the lot in question or in a nearby location.
(2) Off-street parking shall be concentrated in the side and the rear of the lot with preference given to the rear of the lot to minimize visibility from adjacent public streets. Accordingly, no greater than two rows of parking shall be located to the side of the principal structure. Notwithstanding, the Zoning Administrator (or the Board of Adjustment in the issuance of a special use permit) may waive this requirement if it is determined that the parking area located in the side yard is adequately screened from the view of motorists and pedestrians of the adjacent public street(s).
(3) Off-street parking areas shall be designed to allow pedestrians to safely move from their vehicles to the buildings. This may be achieved by providing a sidewalk at the perimeter of the lot or by having designated corridors within the parking area that channel pedestrians from their cars to building entryways.
(F) Building height. The maximum height of any building shall be 50 feet.
(G) Massing. The following regulations shall apply only to buildings located in the CB central business general zoning district:
(1) The maximum building height to width ratio shall be 1:3. (NOTE: Thus, a building with a height of 20 feet can have a maximum building width (as measured parallel to the adjoining public street) of 60 feet. (see also "building articulation".)
(2) Faades of buildings having a massing ratio of greater than 1:3 that faces a public street shall have an articulated wall plane that incorporated plane projections or recesses to create an interesting and attractive architectural design which is comprised of more than flat walls with minimal features. Any wall offsets designed to meet this requirement shall have a minimum projection or recess depth of two feet and a minimum width of two feet. Door inserts shall not be counted as being a "wall offset."
(H) Building entrances/building orientation/fenestration. Any portion of a building, other than a single or two-family dwelling, that faces an adjacent street right-of-way shall be considered a building front and shall be subject to the following entrance, orientation and fenestration requirements:
(1) Pedestrian accessibility to all principal structures within the CC commercial district is strongly encouraged. Accordingly, (a) for all principal buildings constructed after the effective date of this chapter, (b) for all principal buildings that are physically expanded after the effective date of this chapter; and, (c) for all principal buildings whose exterior faades that face or are visible from a public street are altered after the effective date of this chapter, such buildings shall install a pedestrian entryway opening to a public street. Access from the adjoining public sidewalk, street right-of-way or driveway to the principal structure shall be provided through an improved surface. All such new, expanded or altered principal structures shall be furnished with direct entrance from the sidewalk. Doors that open up from the sidewalk shall be recessed to provide a sense of entry to the building.
(2) The first floor of all principal buildings constructed after the effective date of this section shall be designed to encourage and to complement pedestrian-scale activity by the use of windows and doors. These openings shall be arranged so that the uses contained within the buildings are visible and accessible to pedestrians from the public street.
(3) Windows and building entrances shall comprise at least 50% of the first floor length of any principal structure. On any ground floor level, any window or door shall be horizontally separated by no greater than 15 feet (eight feet if located in the CB district) from the nearest other such window or door in the same façade level. If the principal structure contains a second or higher story, each such story shall contain windows that are spaced in a manner complementary to the second story of nearby buildings.
(4) In all districts, frames and sashes for windows shall be of wood, vinyl, or pre-finished metal and may have stone, brick, or cast concrete lintels and stills. Window glass shall always be set back from the building face rather than being flush.
(I) Building articulation. (Applies to all buildings except single- and two-family dwellings) No wall that faces an adjacent public street shall have a blank, uninterrupted length exceeding 30 feet. “Interruptions” shall include changes in plane by more than one foot, changes in texture or masonry patterns or one or more windows, each having a minimum area of ten feet. (see also "Massing".)
(J) Awnings and canopies. (Applies to all buildings except single- and two-family dwellings.) When used, awnings and canopies shall be placed at the top of window openings and shall relate to the shape of the top of the window. Awnings shall be made of canvas or treated canvas material, unless otherwise approved by the Zoning Administrator (or by the Board of Adjustment as part of a conditional use permit approval). Metal awnings are permitted in the Commercial Corridor Overlay district. When being installed in the historic district an approval of a certificate of appropriateness from the Historic Preservation Commission is required. The style and type of metal awning shall only be a standing seam shed (with or without a valance and with either open or closed ends) with a powder coated or baked-on enamel finish in either a matte or flat earth-tone color, except when in the historic district colors are to be in keeping with approved historic preservation orders. Notwithstanding, vinyl awnings are not permitted. No awning shall extend more than 2/3 the width of the sidewalk or nine feet, whichever is less. Awnings and canopies must be self-supporting from the wall; no supports shall rest on or interfere with the use of pedestrian walkways or the street. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities.
(K) Building materials. Additions and new construction of all structures (including accessory buildings) shall use facing materials that are compatible in quality, color, texture, finish, and dimension to those common in the downtown area. Acceptable materials include brick, stone, wood, cast concrete, or concrete based stucco. Notwithstanding the above, the Zoning Administrator (or the Board of Adjustment in association with the issuance of a conditional use permit) may authorize external materials other than those listed above where it is judged that such materials are complimentary to the exterior faades of other nearby buildings located in the CC commercial overlay district.
(L) Building colors. The exterior color finish of all buildings (except for single- and two-family dwellings) in the CC commercial overlay district shall compliment the color of buildings that predominated in the CC commercial overlay district at the time of adoption of this chapter. In general, those colors should be of low reflectance, subtle or neutral earth tone colors. High intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
(M) Corporate logo exterior images. Downtown Spencer and areas immediately adjoining it that comprise the CC district contain non-residential uses that primarily are not distinguished by standard building colors, building designs or signage that are readily associated with that use's national corporate image or logo. Accordingly, building faades for all new buildings constructed in the CC district which are readily identifiable by shape, size, orientation, color or other constructed features (irrespective of whether they meet all the other criteria contained in this section) that readily identify that use contained in that building with a national corporate image or logo, shall be prohibited (except for certain signage allowances as contained in § 155.096.
(N) Signage. Notwithstanding the standards contained in § 155.096, the following regulations shall apply within the CC commercial overlay district:
(1) No freestanding signs shall be allowed on lots located within the underlying CB district as provided division (2) below.
(2) Where freestanding signs are allowed, each use shall be allowed to have a maximum of one freestanding sign. Such sign shall have a maximum height of ten feet and a maximum area of 40 square feet. All such signs shall be located outside the street right-of-way. Shopping centers/office buildings and similar multi-tenant developments (outside the CB district) with a gross leasable area of 50,000+ square feet shall be allowed to have one freestanding sign per public street front, with each sign not exceeding 50 square feet.
(3) Lighting levels for canopies for non-residential uses shall be adequate to facilitate the activities taking place in such locations and not to be used to attract attention to such uses.
(Ord. 05-05, passed 10-11-05; Am. Ord. 06-12, passed 11-14-06; Am. Ord. 07-02, passed 5-8-07; Am. Ord. 07-05, passed 7-10-07; Am. Ord. 13-02, passed 2-12-13; Am. Ord. 17-003, passed 2-14-17)
Cross-reference:
Visual development guide, see Ch. 155, Appendix B