§ 152.058 COMMERCIAL DISTRICTS ALONG STATE HIGHWAYS 135 AND 252.
   The purpose of this section is to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and such other improvements that are visible to the public and affect the physical development of land adjacent to State Roads 135 and 252 as shown on the most recent Town Zone Map.
   (A)   Permitted uses. Those permitted uses listed in § 152.057(A) shall be permitted.
   (B)   Development standards.
      (1)   Use. All uses and operations (except off-street loading and off-street parking) shall be conducted within completely enclosed buildings, except where otherwise specifically permitted; provided, however, gasoline service stations may dispense gasoline, oil, antifreeze and other similar products and perform other minor services outdoors for customers, subject to the limitations of § 152.057(A)(7).
      (2)   General design standards.
         (a)   All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding areas.
         (b)   The quality of design goes beyond the materials of construction to include scale, mass, color, proportion and compatibility with adjoining developments.
         (c)   Colors shall be harmonious and only the use of compatible accents shall be permitted.
         (d)   Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.
         (e)   For any design in which the structure frame is exposed to view, the structure materials shall be compatible within themselves and harmonious with their surroundings.
         (f)   Monotony of design in single- or multiple-building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple-building projects, variable sitting of individual buildings may be used to prevent a monotonous appearance.
      (3)   Architectural design requirements.
         (a)   Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used on this district.
         (b)   Building facades may be constructed from masonry or glass, as defined below, or other materials or products which provide the same desired stability and quality. Products other than those listed below must be approved by the Town Plan Commission.
            1.   Masonry construction, which shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction.
               a.   Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.
               b.   Brick material used for masonry construction shall be composed of hard fired (kiln-fired), all-weather standard size brick or other all-weather facing brick.
               c.   Concrete finish or precast concrete panel (tilt wall) construction shall be exposed aggregate, bush-hammered, sandblasted or other concrete finish as approved by the Town Plan Commission or its duly appointed or designated representative.
            2.   Glass walls, which shall include glass curtain walls or glass block construction. A GLASS CURTAIN WALL shall be defined as an exterior wall which carries no floor or roof loads, and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.
         (c)   The materials and finishes of exposed roofs shall complement those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of State Road 135 or any adjacent public thoroughfare or residentially zoned or used area.
         (d)   Roof-mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
         (e)   The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.
         (f)   Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.
      (4)   Relationship of building to site.
         (a)   The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and parking area.
         (b)   Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.
         (c)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to attractively landscape parking areas within the view of public ways.
         (d)   Without restricting the permissible limits of this zoning district, the height and scale of each building shall be compatible with its size and existing (or anticipated) adjoining buildings.
         (e)   Newly installed utility services and service revisions necessitated by exterior alterations shall be underground.
      (5)   Building orientation. All structures shall be sited to front onto corridor streets (as defined in the County Corridor Guide) or give the appearance of a front-like facade on corridor streets.
      (6)   Building heights.
         (a)   Minimum building height. All uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures.
         (b)   Maximum height. Maximum height of buildings and structures shall be 35 feet.
      (7)   Minimum yards.
         (a)   Required front yard, minimum setback.
            1.   A front yard having at least 35 feet width of frontage, on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the right-of-way line than 30 feet.
            2.   No part of any structure shall be built closer to the right-of-way line of a federal interstate highway route than ten feet, except: front roads immediately paralleling federal interstate routes (with coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback of 25 feet from the right-of-way of such front road unless such front road is designated otherwise on the Functional Classification of Streets, 1990, or on the recorded plat thereof, as required by the Subdivision Control section of the chapter.
         (b)   Required side yard, minimum side setback. No side yard or side setback is required unless subject to the requirements for transitional yards of division (B)(7)(e) below.
         (c)   Required rear yard, minimum rear setback. No rear yard or rear setback is required unless subject to the requirements for transitional yards of division (B)(7)(e) below.
         (d)   Required corner side yard. In any case where the side or rear lot line abuts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B)(7)(a) above, required front yard minimum setback.
         (e)   Transitional yards.
            1.   Yards abutting a residential district.
               a.   (I)   Where a front yard lot line abuts a street right-of-way on the opposite side of which is a residential district, the minimum required front yard and setback shall be the same as the standard front yard and setback requirements of division (B)(7)(a) above.
                  (ii)   The front yard use of the minimum required transitional front yard shall not include off-street parking, collector, local, arterial or cul-de-sac. If the abutting street is an expressway, the front yard may include off-street parking, provided a 20-foot wide strip of said required front yard, paralleling and measured from the front lot line and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as landscaped portion of the yard in conformance with division (B)(7)(e)2. below).
               b.   Where a side or rear lot line abuts either side or rear lot line in an adjacent residential district, a side or rear yard and setback, both not less than 20 feet in depth, shall be provided along such side or rear lot line; provided, however, where a dedicated alley separates such side or rear lot line from the residential district, said side or rear yard and setback shall be not less than ten feet.
            2.   Screening and landscaping of transitional yards, yards fronting upon or abutting a residential district.
               a.   Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern in grass and shrubbery, trees and/or hedge to provide a partial screening of commercial use.
                  (I)   An ornamental decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, may be used in conjunction with the landscaping; provided, however, along any portion of said transitional front yard in which an off-street parking area is located, there shall be provided and maintained along the front lot line a buffer screen of either:
                     I.   Architectural screen. A wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least 48 inches in height and shall be so constructed to such minimum height to restrict any view; or
                     II.   Plant material screen. A compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting.
                  (ii)   Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable groundcover, shrubbery and/or trees. All shrubs and trees shall be planted, balled and burlapped and shall meet the standards of the American Association of Nurserymen.
                  (iii)   To provide maximum flexibility in the landscape design of said screen and ground area, a variety of plant material may be used; provided, however, that a plan indicating the species, variety, size, spacing and location of all plants shall be filed and approved by the Building Commissioner prior to the time planted.
               b.   Side and rear transitional yards (abutting a residential district) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the commercial use.
                  (I)   An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping; provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking, there shall be provided and maintained along the entire length of such lot line to the front yard setback line, a wall or fence of ornamental block, brick, solid wall fencing or combination thereof.
                  (ii)   Said wall or fence shall be at least six feet in height and shall be so constructed to such height to restrict the view.
         (f)   Use of required yards. All required yards shall be landscaped in grass and shrubbery, trees and/or hedge, or in combination with other suitable groundcover material, except:
            1.   a.   Required front yards may include:
                  (I)   Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
                  (ii)   Off-street parking, gasoline service station pumps and/or open canopies (attached or detached).
               b.   However, a six-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as a landscaped portion of the front yard as required above, unless subject to the transitional yard requirements of division (B)(7)(e) above.
            2.   Required side and rear yards may include:
               a.   Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
               b.   Off-street parking, subject to the requirements of division (B)(7)(e) above.
   (C)   Performance standards.
      (1)   Signs.
         (a)   Signs and advertising devices shall comply with the sign regulations of § 152.100, and the regulations of this section. If this section and § 152.100 are in conflict, the section which establishes the higher standard shall prevail.
         (b)   Signage shall be designed to an integral part of the architectural and landscaping plans. The colors, materials and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.
         (c)   All signs, except private traffic direction signs, are prohibited in the required greenbelt areas.
         (d)   Private traffic direction signs and pavement markings for the direction and control of traffic into, out of and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the State Department of Highways.
         (e)   The integration of project signage to identify multiple businesses is encouraged.
         (f)   Off-premises signage shall be prohibited in the C-2 District.
         (g)   All on-premises signage shall conform to the standards and requirements of the underlying districts, except that:
            1.   No pole sign shall exceed 25 feet in height;
            2.   There shall be a minimum spacing of 100 feet between any pole or ground sign located along State Road 135; and
            3.   In no instance shall pole signs for multiple businesses, strip commercial centers or strip business centers exceed 200 square feet of copy area.
         (h)   Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.
         (I)   The number of graphic elements on a sign shall be held to the minimum needed to convey the sign’s major message and shall be composed in proportion to the area of the sign face.
         (j)   Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.
         (k)   Identification signs of standardized design such as corporation logos shall conform to the criteria for all other signs.
      (2)   Off-street parking.
         (a)   Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 152.085 and the regulations of this section. If this section and § 152.085 are in conflict, the section which establishes the higher standard shall prevail.
         (b)   Parking is to be discouraged between the greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible (division (C)(5)(d) below).
            1.   The number of parking spaces required are as established elsewhere in this chapter, depending upon the zoning and the intended land use. Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking such exceptions (i.e., a reference such as “shared parking”, Urban Land Institute).
            2.   There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by disabled individuals, and these spaces shall be a sufficient width (minimum of 12 feet) to accommodate their needs.
      (3)   Off-street loading. Off-street loading facilities shall be provided in accordance with the off- street loading regulations of § 152.086.
      (4)   Landscaping plan. A landscaping plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking, signage and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas, walks, ramps for disabled, terraces, driveways,
signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.
      (5)   Areas to be landscaped.
         (a)   Greenbelt. The greenbelt shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.
         (b)   Planting adjacent to freestanding buildings. 
            1.   A planting area equal to an area measuring five feet in depth by the width of the front of the building plus five feet (to extend out on both sides) shall be installed at the front of the building. A planting area equal to an area five feet in depth by the remaining sides of the building shall be installed on all other sides of the building.
            2.   Sidewalks may be permitted in these areas but shall not occupy the entire area on any side of the building. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure is located less than 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.
         (c)   Peripheral planting. There shall be peripheral landscaping strip, four feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district. At least one tree for each 50 lineal feet shall be planted in any such peripheral landscaping strip.
         (d)   Planting within parking lots. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than 5% of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in the greenbelt, adjacent to buildings, and on the periphery of the lot shall not be included.) Landscaped traffic islands shall be specifically provided at the ends of interior parking rows as a means of separating parking from major circulation aisles within lots. Parking lots with only perimeter parking shall be exempt from the requirements of this section.
      (6)   Landscaping standards.
         (a)   The interior dimensions, specifications and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.
         (b)   The primary landscaping materials used in the greenbelt and adjacent to buildings shall consist of one or a combination of one of the following: shade trees, ornamental trees, shrubs, groundcovers, grass, mulches and the like.
         (c)   The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to complement tree landscaping, but shall not be the sole contribution to the landscaping.
         (d)   All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground, of two inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.
         (e)   Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Indigenous and other hardy plants that are harmonious to the design and of good appearance shall be used.
         (f)   The landscaping plan shall ensure that sight distances are not obstructed for drivers of motor vehicles.
         (g)   Where natural conditions or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to good appearance.
         (h)   Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
         (I)   Landscaping treatment shall be provided to enhance architectural features, strengthening vistas and important axes, and provide shade. Spectacular effects shall be reserved for special locations only.
         (j)   Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.
         (k)   In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
         (l)   Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings.
         (m)   Where building sites limit planting, the placement of appropriate trees and landscaping in parkways or paved areas is encouraged.
         (n)   Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these. Screening shall be equally effective in winter and summer.
         (o)   In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.
         (p)   Miscellaneous structures and street hardware shall be designed to be a part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.
         (q)   Lighting in connection with miscellaneous structures and street hardware shall be compatible to the site, landscaping, primary buildings and signage.
      (7)   Landscaping installation and maintenance.
         (a)   Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building occupancy permit if said permit is issued during a planting season, or within six months of the date an occupancy permit is issued if issued during a non-planting season.
         (b)   Maintenance. It shall be the responsibility of the owners and their agencies to ensure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Commission. This is to include but is not limited to replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
         (c)   Changes after approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission approval.
         (d)   Inspection. The Plan Commission or Building Commissioner shall have the authority to visit any lot within the State Road 135 Commercial District to inspect the landscaping and check it against the approved plan on file.
      (8)   Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed in the State Road 135 Commercial District, factors to be considered by the Commission shall include but are not limited to:
         (a)   Safety provided by the lighting;
         (b)   Security provided by the lighting;
         (c)   Possible light spillage or glare into adjoining properties or streets (spillage or glare into adjoining properties is prohibited);
         (d)   Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;
         (e)   Height and placement of lighting standards considering the use; and
         (f)   Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided.
      (9)   Access to individual sites.  
         (a)   The primary thoroughfares, must have reasonable restrictions as to the number and location of access points within the C-2 District. State Road 135 represents a major thoroughfare which must be controlled as to the number of access points (curb cuts) permitted. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor’s primary thoroughfares, in many cases frontage roads, access roads and distributor roads will have to be built. Such roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the State Road 135 corridor shall be coordinated with existing access points whenever possible.
         (b)   The following curb cut policy shall apply throughout the corridor: no closer than one for each 400 feet of frontage; no curb cuts within 300 feet of any intersection of public roads. Opposing curb cuts shall align squarely or be offset no less than 300 feet. All curb cuts along state and U.S. routes must have State Department of Transportation approval.
      (10)   Access to potential development sites. Dead-end (stub) streets shall be built in all cases where adjacent lots have reasonable potential for development. REASONABLE POTENTIAL shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Town Plan Commission.
      (11)   Other standards; paving requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete, per Trafalgar Standard Specifications Document.
(Ord., § 1-29, passed - -1991)