§ 47-9.21. Performance standards for permitted uses.

A.

Applicability. The design and performance standards shall apply to the uses identified herein and such uses shall comply with the performance standards as a condition for approval of an X district.

B.

Parking lot. The following performance standards shall apply to parking lots.

1.

Parking lots must meet the requirements for parking lots provided in Section 47-20, Parking and Loading Requirements.

2.

Access.

a.

Pedestrian. When a parking lot parcel does not abut the parcel which it is intended to serve the principal pedestrian access to the X district property shall be along a safe pedestrian path as defined in Section 47-20.4, from the uses it is intended to serve. Off-site public pedestrian amenities may be required as a condition to rezoning in order to provide a safe pedestrian path.

b.

Vehicular. Shall comply with Section 47-20, Parking and Loading Requirements.

3.

Landscape and bufferyards. A parking lot shall comply with the landscape and buffering provisions of Section 47-21, Landscape and Tree Preservation Requirements, and Section 47-25.3, Development Review Criteria, for parking lots. Parking lots which are part of an X-P-OR or X-P-R rezoning shall be required to meet the provisions of subsection E or F as applicable.

4.

Lighting. Lighting of a parking lot shall comply with the requirements of Section 47-20, Parking and Loading Requirements.

5.

Noise. Noise levels shall conform to the performance standards provided in Section 47-9.22.B.

6.

Signage. Signage shall comply with the requirements in Section 47-22, Sign Requirements.

7.

Pedestrian enhancements shall be provided in accordance with Section 47-9.22.C.

8.

Waterway use. When located on a waterway, a parking lot shall be required to meet the requirements of Section 47-23.8, Waterway Use.

9.

Lighting. Lighting shall comply with the requirements of Section 47-20, Parking and Loading Requirements.

C.

Parking garage. The following performance standards shall apply to parking garages:

1.

Parking garages must meet the applicable requirements provided in Section 47-20, Parking and Loading Requirements.

2.

Access.

a.

Pedestrian. The principal pedestrian access to the X district property shall be along a safe pedestrian path as defined in Section 47-20.4, from the uses it is intended to serve. Off-site public pedestrian amenities may be required as a condition to rezoning in order to provide a safe pedestrian path.

b.

Vehicular. Shall comply with Section 47-20, Parking and Loading Requirements.

3.

Architectural features. The façade of any side of a parking garage which is on a parcel which is abutting or separated by a right-of-way or body of water no greater than 60 feet in width to a residential property shall be constructed to compliment a residential structure and shall include the following:

a.

Fenestration such as windows, doors and openings in the wall; and

b.

Shall contain a minimum of one feature from each of the following architectural feature groups with a total of four architectural features from the following list:

i.

Detail and embellishments:

a)

Balconies,

b)

Color and material banding,

c)

Decorative metal grates over windows,

d)

Cornices,

e)

Verandas, porches.

ii.

Form and mass:

a)

Building mass changes including projection and recession,

b)

Multiple types and angles of roofline.

iii.

Functional space at ground level:

a)

Arcades,

b)

Terraces and courtyards,

c)

Plazas that include landscaped areas and benches,

d)

Fountains, sculpture.

c.

The above required façade treatment shall be required to continue around the corner onto the adjoining wall for a distance of20 feet.

d.

Residential units which are part of a parking garage submitted as an X-G-OR or X-G-R development, shall be required to have architectural features as provided in subsection E or F as applicable.

4.

Any portion of the first floor of any parking garage which is used for parking vehicles shall be constructed with opaque material which screens vehicles from view. The façade shall include fenestration such as windows and doors in the wall. Screening shall not be required across openings used for ingress and egress to public rights-of-way.

5.

Height. Parking garages shall be permitted up to sixty-five (65) feet in height, except for an Exclusive Use Parking Garage/Residential ("X-G-R") garage, the maximum permitted height shall be thirty-nine (39) feet.

6.

Landscaping and bufferyards. Landscaping and bufferyards shall be provided as necessary to make the site compatible with surrounding properties based on the height, bulk, shadow mass and design of any on-site structure. The landscaping shall be installed and maintained in accordance with Section 47-21, Landscape and Tree Preservation Requirements, and Section 47-25.3, Development Review Criteria.

7.

Yards. A parcel or lot which abuts a residentially used or vacant residential property shall provide a20 foot yard on the side of the parcel which abuts the residential property, except for the sides of a parcel to be rezoned X-G-OR or X-G-R. Yards required for residential units in an X-G-OR or X-G-R zoning district are provided in subsection E and F as applicable. All other yards for a parking garage shall be that necessary to meet the street tree requirements provided in Section 47-9.22.C.1.b.

8.

Lot coverage. A minimum of ten percent (10%) of the site shall be in open space and used for walkways, landscaping, or both.

9.

Lighting. Lighting shall comply with the requirements of Section 47-20, Parking and Loading Requirements.

10.

Noise. Noise levels shall conform to the performance standards provided in Section 47-9.22.B.

11.

Signage. No signage shall be permitted except an eight square foot wall sign as defined by Section 47-22, Sign Requirements, located on the first floor of a parking garage, one sign per street front.

12.

Pedestrian enhancements shall be provided in accordance with Section 47-9.22.C. In addition, a one thousand four hundred (1,400) square foot public plaza as described in Section 47-9.22.C located at the principal pedestrian access to the parking garage shall be provided.

13.

Waterway use. When located on a waterway, a parking garage shall be required to meet the requirements of Section 47-23.8, Waterway Use.

14.

Residential units which are part of an X-G-OR or X-G-R development shall be required to meet the provisions of subsection E or F as applicable.

D.

Business uses. The following performance standards shall apply to business uses:

1.

Relationship of exclusive use property to business property. An application for rezoning to exclusive use/business must include a site plan which includes the business property as described in Section 47-9.2.A.5. The application for rezoning shall be signed by both the owner of the property proposed to be rezoned to exclusive use and if different, the owner of the business property. The owner of the business property shall acknowledge in the application that the business property may be subject to development restrictions and conditions which may be imposed on the property as a result of the approval of the X district rezoning on the parcel to which the business property is joined.

2.

Access.

a.

Pedestrian. The principal pedestrian access to the X district property shall be from the business property and connect to the street fronting the business property.

b.

Vehicular access to a business use shall comply with Section 47-20, Parking and Loading Requirements.

3.

Yards. A parcel or lot which abuts a residentially used or vacant residential property shall provide a20 foot yard on the side of the parcel which abuts the residentially used or vacant residential property, except for the sides of a parcel to be rezoned X-B-OR. Yards required for optional residential units in an X-B-OR zoning district are provided in subsection E. All other yards for a business use shall be that necessary to meet the street tree requirements provided in Section 47-9.22.C.1.b.

4.

Architectural features. The façade of any side of a business use structure which is on a parcel which is abutting or separated by a right-of-way or body of water no greater than 60 feet in width to a residential property shall meet the requirements of Section 47-9.21.C.3. Residential units which are part of a business use submitted as an X-B-OR development shall be required to have the architectural features as provided in subsection E.

5.

Height. Business structures shall be limited to a height of sixty-five (65) feet.

6.

Landscaping and bufferyards. Landscaping and bufferyards shall be provided as necessary to make the site compatible with surrounding properties based on the height, bulk, shadow, mass and design of the structure. The landscaping shall be installed and maintained in accordance with Section 47-21, Landscape and Tree Preservation Requirements, and Section 47-25.3, Development Review Criteria.

7.

Open space. A minimum of ten percent (10%) of the lot shall be in open space and used for walkways, landscaping or both. See also Section 47-21, Landscape and Tree Preservation Requirements.

8.

Parking. Parking space requirements shall be governed by Section 47-20, Parking and Loading Requirements. Parking may be provided within a retail or office structure proposed for approval within an X district. In such instances, the portion of the building used as a parking structure shall also meet the design requirements provided in Section 47-9.21.C for parking garages.

9.

Signage. No signage shall be permitted except one wall sign as defined by Section 47-22, Sign Requirements, per street frontage of the lot. Wall signs shall not exceed eight square feet in area and may be illuminated, but shall not contain flashing lights. Multiple tenant buildings may have one under each canopy sign as provided in Section 47-22.3(W), Sign Requirements, for each tenant.

10.

Pedestrian enhancements shall be provided in accordance with Section 47-9.22.C.

11.

Waterway use. When located on a waterway, a business use shall be required to meet the requirements of Section 47-23.8, Waterway Use.

12.

Residential units which are part of an X-B-OR development shall be required to meet the provisions of subsection E.

E.

Parking lot, parking garage, business uses or any combination of same with optional residential units. The following performance standards shall apply:

1.

A parking lot, parking garage or business use with optional residential units shall comply with all other provisions of this section applicable to a parking lot, parking garage or business use, except where different requirements are specifically provided.

2.

When residential units are located on the perimeter of a parking lot, parking garage or business use between such use and a right-of-way or waterway greater than20 feet in width, the yard requirement at the front of the residential unit shall be that necessary to accommodate street trees in accordance with Section 47-9.22.C.1.b and a minimum five foot sidewalk located along the entire length of the parcel on the side where the residential units are located, but in no case shall less than five feet nor more than15 feet be required. The type, the location and number of trees shall meet the requirements of Section 47-9.22.C.1.b. Side and rear yards for residential units located on the boundary of the parcel shall be as follows:

a.

If the parcel abuts a residentially zoned property the yard for the portion of the parcel abutting the residential parcel shall be the same as the yard requirement for the portion of the residentially zoned property abutting the parcel; or

b.

Ten (10) feet.

All other yards for the portion of a use without residential units located on the perimeter of the parcel shall be that required for such use as provided in this Section 47-9.

3.

Residential units on a waterway shall be required to meet the provisions of Section 47-23.8, Waterway Use.

4.

The bufferyard and landscape requirements as described in subsection C.6 shall apply to:

a.

The area between the parking lot, parking garage or business use and the optional residential units, except when the garage or business structure is in such proximity to the residential units that the development functions as a singular structure; and

b.

The side or portion of the side of a parcel without residential units.

5.

The height of residential structures shall not exceed the following:

a.

X-P-OR, X-G-OR or X-B-OR: sixty-five (65) feet.

6.

Architectural features. If a parking lot, garage or business use is submitted as part of a proposed X-P-OR, X-G-OR or X-B-OR development and the residential units are located on the perimeter of the parcel between the parking lot, garage or business and the right-of-way, the façade of the residential units shall be required to have architectural features as provided in subsection C.3.

F.

Exclusive Use Parking Lot/Residential (X-P-R) and Exclusive Use Parking Garage/Residential (X-G-R) with required residential units.

1.

Exclusive Use Parking Lot/Residential (X-P-R) and Exclusive Use Parking Garage/Residential (X-G-R) applications shall be limited to parking and residential uses only. Business uses shall not be permitted.

2.

Application for X-P-R or X-G-R shall comply with all other provisions of this section applicable to parking lots and parking garages, except where different requirements are specifically provided.

3.

Residential units. Parking lots in an X-P-R or X-G-R zoning district shall be required to have residential units located along the entire side of the parcel which abuts a right-of-way or waterway greater than20 feet in width. The residential units shall be located on the perimeter of the parcel between the parking lot or garage and the right-of-way or waterway. The front of the residential units shall be required to face the right-of-way or waterway.

4.

In an X-P-R zoning district the height of the residential units shall be no greater than thirty-five (35) feet. In an X-G-R zoning district the height of the residential units shall equal the height of the garage, but in no case shall be greater than thirty-nine (39) feet.

5.

The depth of a residential unit shall be at least15 feet measured from the front to the rear of the unit.

6.

The yard requirement for the front of the residential unit shall be that necessary to accommodate street trees in accordance with Section 47-9.22.C.1.b and a five foot sidewalk along the entire length of the parcel, but in no case shall the yard be less than five feet and no more than15 feet. The type of trees and the location and number shall meet the requirements of Section 47-9.22.C.1.b. Side and rear yards for residential units located on the boundary of the parcel shall be as follows:

a.

If the parcel abuts a residentially zoned property, the yard for the portion of the parcel abutting the residential parcel shall be the same as the yard requirement for the portion of the residentially zoned property abutting the parcel; or

b.

Ten (10) feet.

7.

Residential units on a waterway shall be required to meet the provisions of Section 47-23.8, Waterway Use.

8.

The bufferyard and landscape requirements as described in subsection C.6 shall apply to:

a.

The area between the parking lot or parking garage and the required residential units, except when the lot, or garage structure is in such proximity to the residential units that the development functions as a singular structure; and

b.

The side or portion of a side of a parcel without residential units.

9.

Architectural features. The façade of the residential units for a proposed X-P-R or X-G-R development shall be required to have architectural features as provided in subsection C.3.

(Ord. No. C-97-19, § 1(47-9.5), 6-18-97; Ord. No. C-97-28, § 3, 9-3-97; Ord. No. C-00-65, § 3, 11-7-00)