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Section 1205.10    District 7: Outer Village Commercial Corridor and Office Overlay Zone

  1. Purpose
    This District is intended to continue the existing land use pattern of the area, which is
    characterized by a predominance of retail and service establishments that serve both
    the immediate residential neighborhoods as well as the greater community. The
    commercial uses in this District are oriented toward State Route 91, but traffic
    congestion and difficulties with access plague existing commercial and retail users.
    The regulations set forth in this District are intended to reinforce existing
    commercial uses, and allow their compatible redevelopment as long as these uses
    continue to be oriented toward State Route 91, will not aggravate existing traffic and
    vehicular access problems. Accordingly, until the Route 91 Corridor Management
    Plan is implemented by the City, or its implementation is included as a condition of a
    site plan approval process severe traffic problems in this area prevent approval of any
    new or expanded use that generates more than 100 vehicle end-trips per peak hour.

    The current uses and vacant land at the northern end of District 7 serve as a transition
    between existing community oriented retail and the neighboring residential portion
    of South Main Street. Existing office uses and large parcel sizes make this area
    attractive for new office development. Offices, which by nature require fewer
    vehicle trips, can have suitable access provided given the heavy traffic volumes of
    this corridor. The Office Overlay Zone of the northern portion of District 7 will
    protect and buffer residential uses to the north and reinforce retail uses to the south.

    Regulations set forth in this District are also intended to begin establishing a
    coherent design identity for the corridor, such as uniform setbacks and uniform
    height restrictions. At the same time, District 7 regulations will stress buffering and
    landscaping to protect adjacent residential development from any adverse noise,
    visual, or traffic impacts arising from new commercial/retail development.

  2. Uses By-Right, except as limited by subsection (d) below
    1. Commercial/Retail Uses:
      1. Artisan studios, photography shops or studios, and art galleries,
        provided the use does not exceed a gross floor area of 5,000 square
        feet.
      2. Assembly and meeting halls, provided that such use on the ground
        floor of a structure shall not exceed 10,000 square feet of gross floor
        area.
      3. Automated teller machines (ATMs), walk-up only.
      4. Banks or other financial institutions provided the use does not exceed
        a gross floor area of 5,000 square feet.
      5. Bars/taverns, provided the use does not exceed a gross floor area of
        5,000 square feet.
      6. Medical clinics, provided the clinic does not exceed a gross floor area
        of 10,000 square feet.
      7. Offices, business or professional.
      8. Recording, radio, or TV studios, provided that the gross floor area
        does not exceed a total of 2,500 square feet.
      9. Restaurants, except drive-through restaurants, provided the use does
        not exceed a gross floor area of 5,000 square feet.
      10. Retail uses, provided that the gross floor area does not exceed a total
        of 5,000 square feet.
      11. Services, personal, business, or repair, except vehicle repair, provided
        the use does not exceed a gross floor area of 5,000 square feet.

    2. Planned Developments:
      1. Commercial planned developments, subject to the standards and
        procedures set forth in Sections 1203.04 and 1204.02 of this Code.

    3. Accessory Uses: See Section 1206.03, "Accessory Uses."

  3. (b) Conditional Uses, except as limited by subsection (d) below
    The following uses shall be conditionally permitted in District 7 subject to meeting
    all applicable requirements set forth in this section and Section 1206.02, "Conditional
    Uses."
    1. Commercial/Retail Uses No use shall exceed a gross floor area of 10,000
      square feet except as allowed by (K).
      1. Automotive dealers.
      2. Automobile repair and services.
      3. Automobile service stations.
      4. Bars or taverns located within 200 feet of a residential use.
      5. Car wash.
      6. Convenience stores.
      7. Day care centers, child or adult.
      8. Funeral home.
      9. Liquor store.
      10. Restaurants, except drive-through restaurants, located within 200 feet
        of a residential use.
      11. Retail uses on lots within District 7 which exist at the time of
        adoption of this Code may be expanded in excess of the 10,000
        square feet gross floor area limit on such lots if all of the following
        criteria are met:
        1. the proposed expansion will implement a component of the
          SR91 Corridor Management Plan;
        2. the proposed expansion is necessary for the continued
          economic viability of the existing use on that lot;
        3. the maximum floor area to lot area ratio (Section
          1205.10(d)(5) is complied with;
        4. the parking requirements of Section 1207.12 are complied
          with; and
        5. auto trips generated by the proposed expansion do not cause a
          degradation in the existing Level of Service on contiguous
          roadways.
      12. Retail uses with outdoor sales or storage.
      13. Veterinary facilities or small animal clinics including overnight
        indoor boarding.

    2. Accessory Uses: See Section 1206.03, "Accessory Uses."

  4. Special Conditions for District 7 Office Overlay Zone
    1. Only the following uses by right shall be permitted on parcels or lots fronting
      on Darrow Road and located on the west side of Darrow Road north of a
      point of Darrow Road 456' north of Faymont Drive (generally, a westerly line
      extended from Callander Drive) and parcels or lots located on the east side of
      Darrow Road south of a point of Darrow Road 494' south of Stoney Hill
      Drive in District 7, which area shall be known as the "District 7 Office
      Overlay Zone", and designated as such on the Official Zoning Map;
      1. Banks or other financial institutions, except for drive through teller
        and ATM facilities;
      2. Offices, business or professional.

    2. Only the following conditional uses shall be permitted in the "District 7
      Office Overlay Zone";
      1. Artisan studios, photography shops or studios, and art galleries;
        provided the use does not exceed a gross floor area of 5,000 square
        feet.
      2. Bed and Breakfast inns.
      3. Funeral homes.
      4. Recording, radio or TV studios, provided that the gross floor area
        does not exceed a total of 2,500 square feet.
      5. Business services provid3d the use does not exceed a gross floor are
        of 5,000 square feet.
      6. Personal services provided the use does not exceed a gross floor area
        of 5,000 square feet.
      7. Veterinary facilities or small animal clinics, including overnight
        indoor boarding.

  5. Property Development/Design Standards
    In addition to compliance with all applicable standards set forth in Chapter 1207,
    "Zoning Development and Site Plan Standards," development in District 7 shall
    comply with all of the following development/design standards (all standards are
    minimums unless otherwise noted):
    1. Mix of Uses. More than one principal commercial/retail use permitted byright
      or conditionally in District 7 may be developed or established together
      on a single lot or site, or within a single structure, provided all applicable
      requirements set forth in this section and Code, including trip generation
      limitations, and all other applicable ordinances, are met.

    2. Minimum Lot Size: 2.5 acres.

    3. Minimum Lot Width: 250 feet.

    4. Minimum Lot Depth: 400 feet.

    5. Maximum Floor Area to Lot Area Ratio: .50 to 1.0

    6. Setbacks: Unless modified pursuant to Section 1203.08, "Minor
      Modifications," yard setbacks in District 7 shall be:
      1. Minimum Front Yard Setback: 30 feet.
      2. Minimum Side Yard Setback: 15 feet
      3. Minimum Rear Yard Setback: 30 feet, except when the rear yard of a
        non-residential use abuts a residentially zoned property, the rear yard
        setback shall be increased to 50 feet from the edge of the parking lot
        to the adjacent property line.
      4. Arterial Setbacks: See arterial setback and landscaping requirements
        in Section 1207.04(k), "Landscaping/Buffering".

    7. Maximum Structure Height: 35 feet.

    8. Building Siting and Orientation
      The following building siting and orientation requirements shall apply to new
      development in District 7 (See also parking location standards below.):
      1. The front of all buildings shall be oriented to the side property line
        (i.e., perpendicular to the Route 91 right-of-way).(See Figure 7.)
      2. Multiple buildings on a development site shall be oriented to create
        an interior space or courtyard, in which parking areas or private open
        space may be located. (See Figure 7.)
      3.  Loading and service docks shall be sited either at the rear of the
        building or along the side of the building opposite from the primary
        entrance.

    9. Architecture and Design Standards.
      See architectural design guidelines located in Appendix D.

    10. Vehicular Access: All development shall comply with the vehicular access
      standards and requirements set forth in any adopted comprehensive access
      management plans for the State Route 91 corridor.

    11. Traffic Generation Limits. No new or expanded use that generates more than
      100 vehicle end-trips during a peak hour shall be approved.

    12. Location of Parking.
      In addition to the standards for off-street parking set forth in Section 1207.12
      of this Code, the following restrictions shall apply in District 7:
      1. No more than ten (10) percent of off-street parking may be located in
        a building's front yard area. All other off-street parking shall be
        located at the rear or side of the building on the interior of lot and
        shall be accessed by means of shared driveways
      2. Shared Parking. Parking lots shall be interconnected with
        commercial/retail parking lots on adjacent properties to the maximum
        extent feasible. As per Section 1207.12(h), "Joint or Collective
        Parking Facilities," cross-access easements or other acceptable
        agreements for adjacent lots with interconnected parking lots shall be
        submitted in language acceptable to the city's solicitor and the PC to
        ensure availability of shared parking to users.

    13. Pedestrian Amenities:
      1. Sidewalks:
        1. Sidewalks at least five (5) feet wide shall be provided on all
          sides of a lot that abut a public street, way, or open space.
        2. Sidewalks at least five (5) feet wide shall be provided along
          the full length of a building facade that features a customer
          entrance and along any building facade abutting a public
          parking area.
        3. All internal pedestrian walkways shall be designed to be
          visually attractive and distinguishable from driving surfaces
          through use of durable, low-maintenance surface materials
          such as pavers, brick, or scored concrete to enhance
          pedestrian safety and comfort.
      2. Compliance with Access Management Plan: All development shall
        comply with the pedestrian access standards and requirements set
        forth in any adopted comprehensive access management plans for the
        State Route 91 corridor.
      3. Linkages: To the maximum extent feasible, provision shall be made
        in the design of developments for connections with existing or future
        pedestrian systems on adjoining properties, including but not limited
        to connections to existing or planned future sidewalks, bikeways,
        walkways, or trail systems.