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A. Permitted Uses.

1. All uses permitted or conditionally permitted in Table 2.2.300 except the following, which are prohibited:

a. Marijuana wholesale (more than 75 percent of sales are wholesale).

b. Commercial and public parking.

2. Live/work townhomes.

3. Accessory dwelling units, townhomes, duplexes, triplexes, and multi-unit.

B. Front Setbacks. Ten-foot minimum, 10-foot maximum.

1. Exceptions.

a. The maximum setback standard may be increased to accommodate an approved usable public space with pedestrian amenities (e.g., extra-wide sidewalk, multi-use path, plaza, outdoor dining area or landscaped area with seating) between the building and front property line. This exception does not apply to shopping streets under subsection (C) of this section.

b. Fences (except if three and one-half feet or less in height for outdoor patios and dwelling units), storage and parking are not allowed in the front setback.

c. Awnings, marquees, balconies, overhangs, fabric tensile structures, building appendages, or other projections may extend into the front setback.

d. When abutting a shopping street, no front yard setback is required when an entrance to the building is oriented to the front lot line and the building is abutting a sidewalk 10 feet or wider in a public or private street right-of-way.

C. Shopping Street.

1. Properties over 20 acres (including abutting land in common ownership), that contain 10 acres or greater of area with a plan designation of General Commercial (CG), are required to provide a minimum of one “shopping street.” The shopping street must be identified and designated at the time of master plan, site plan, land division, and/or annexation with a development application and identified on the plat and development agreement, if applicable. In addition to the required elements in BDC 2.2.500(C)(2), a “shopping street” must comply with the following standards:

a. The length of the shopping street must have a minimum block length of 300 feet.

b. Off-street parking must be located behind the primary structure.

c. Vehicular access is not permitted from a shopping street.

2. The following uses are prohibited on sites abutting a shopping street: residential uses that are not part of a mixed-use development, automobile-dependent and automobile-oriented retail sales and services, drive-in and drive-through facilities, standalone commercial and public parking, and commercial storage. Ground-floor residential uses on shopping street frontages are prohibited except ground-floor entrances or breezeways are permitted for housing located above or behind a nonresidential storefront use.

D. Special Standards and Regulations for Certain Uses.

1. Standalone residential uses, including live/work townhome dwelling units, that are not part of a mixed-use development must meet the following standards:

a. Location. Must not be located on a development site that has frontage on a “shopping street” or arterial.

b. Density. The minimum residential density standards of the RH Zone apply. There is no maximum density.

c. Development Standards. The following table provides numerical development standards for standalone residential uses, including live/work townhomes that are not part of a mixed-use development:

Table 2.7.3320. 

Standards

CG

ME

Minimum lot area

No minimum

No minimum

Minimum lot width

15 feet

15 feet

Minimum front setback (see subsection (B) of this section)

10 feet

None

Maximum front setback (see subsection (B) of this section)

10 feet

10 feet

Rear and side setback

None

None

d. Design Standards. These standards are in addition to the regulations of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review, but replace the design standards of the CG Zoning District and all the standards in BDC 3.6.200(D), Townhomes, BDC 3.6.200(H), Duplex, Triplex and Quadplex Development, and BDC 3.6.200(I), Residential Uses within Commercial Districts.

i. Building and Entry Orientation. Each building must provide a primary building entrance oriented to each abutting street.

ii. Transparency. Facades must include transparency/glazing (i.e., glass windows and/or glass doors) totaling a minimum of 25 percent of the ground level wall area and 20 percent on the upper level(s) wall area, as shown in Figure 2.7.3320. Ground level wall area includes the exterior wall area up to 10 feet above the finished grade.

Figure 2.7.3320. 

iii. Building Articulation. One or more of the following facade treatments must be incorporated on each level of all street-facing facades:

(A) Building offsets (projections or recesses) at least two feet deep and six feet wide;

(B) Upper level balconies (projecting or recessed) at least six feet wide;

(C) Building canopies, awnings, pergolas, architectural sun shade structures, or similar weather protection (minimum projection of four feet for overhead weather protection when located on the ground level and over a sidewalk or other pedestrian space);

(D) Transparency at least five percent greater than the minimum required by subsection (D)(1)(d)(ii) of this section;

(E) Recessed building entries at least six feet wide;

(F) Use of masonry material (i.e., brick, brick veneer, stone, concrete, or stucco) for a minimum of 75 percent of the total wall area of the street facing facade level as measured from floor-to-floor height, not including windows; and/or

(G) On upper levels, use of two or more facade materials and/or facade colors.

e. Parking. See BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

f. Open Space. The provisions in BDC 2.1.1000 apply with the following exception:

i. The common open space requirement in BDC 2.1.1000(B)(1) does not apply to any property with a residential building located within one-quarter mile of a public park; and there is a direct, accessible, and maintained trail or sidewalk between the development and the park that does not cross an arterial or collector street.

g. Lots and parcels may have one access point, except as authorized in BDC 3.1.400(F)(4)(c).

2. Live/Work Townhomes. In addition to the applicable standards in subsection (D)(1) of this section, live/work townhomes must meet the following standards:

a. Residential ground livable space is limited to a maximum of 50 percent of the ground floor square footage, excluding the garage.

b. Residential ground livable space must be located above or behind the commercial space and must not be located adjacent to the street.

c. The ground floor commercial space must have visibility, signage and access from the street.

d. Vehicular alley access is required to preserve the pedestrian orientation of the commercial space.

e. A live/work townhome is allowed instead of, or in addition to, home occupation as defined by this code.

f. The location of lots or parcels where live/work townhomes may be developed must be included with the development application.

g. Live/Work Townhome Lot and Parcel Standards.

i. The lot and parcel requirements of the RM Zone in BDC 2.1.300 and 2.1.500 apply to live/work townhomes, except that the minimum side setback is zero feet.

ii. There is no maximum lot coverage standard for live/work townhomes.

3. Public and Institutional Uses. Public and institutional uses are limited to a development site of no more than five acres.

4. Automobile-Oriented and Automobile-Dependent Uses and Facilities. Where permitted, automobile-oriented uses and automobile-dependent facilities must meet all of the following standards. The standards are intended to provide a vibrant, storefront character, slow traffic, and encourage walking and transit use.

a. Drive-In and Drive-Through Facilities. Drive-in and drive-through facilities, such as teller machines, service windows, drop-boxes and similar features associated with the drive-up and drive-through components of restaurants, banks and similar uses, must meet all of the following standards:

i. Primary buildings must meet the front setback requirements in subsection (B) of this section.

ii. Drive-up, drive-in, and drive-through drives or lanes must not be located between a building and a public or private street.

iii. Drive-in and drive-through facilities (i.e., drive-through pick up windows) must not be oriented towards a public street.

b. Automobile Services and Gas Station. The following special standards apply to automobile service stations and gas stations:

i. A landscape buffer 10 feet or wider with a mature vegetation height of at least three feet within three years of planting is required between all on-site vehicular circulation areas and the street.

ii. The primary building must meet the minimum building setback requirements in subsection (B) of this section.

iii. A minimum of one pedestrian entrance must be oriented to the street. [Ord. NS-2462, 2023; Ord. NS-2423, 2021; Ord. NS-2405, 2021]