Division 59‐C‐15 Commercial / Residential Use District (CR) and Density Zones (T, C & R)
Subject Section District Description 59.1 District and Zones 59.2 Allowed Uses and Conditions 59.3 Use Qualifications 59.4 Density 59.5 Development Standards 59.6
59.1 District Description
The CR district permits commercial and mixed use. The goals of CR zoning are to:
1. Implement the goals and objectives of applicable master plans and sector plans. 2. Provide opportunities for the redevelopment of strip malls and surface parking lots as sustainable mixed uses. 3. Provide for a range of densities to achieve a balance of “jobs to housing”, which will vary between areas. 4. Increase the supply of housing and affordable housing. 5. Better define public spaces for pedestrian activities and safety. 6. Provide neighborhoods with enhanced service amenities and options for mobility. 7. Define public amenities and benefits for which density bonuses may be granted.
59.2 Use District
The CR, Commercial Residential district is intended to promote a mix of commercial and residential uses at varying densities to provide more sustainable environments where people can live, work and find services and amenities while minimizing automobile use. This approach applies equally to any commercial area, where our impact on the environment can be reduced by placing housing closer to jobs and services.
The CR district can be combined with a range of density limits for the total floor area of a building, as well as limits on the non‐residential floor area and the residential floor area. The symbols used for limiting the FAR are set out in section 59.4.
59.3 Allowed Uses and Conditions
3.1 Uses
Uses are allowed in the CR district as set out in the following table. i. The letter “P” indicates the use is permitted by‐right. ii. The letter “C” followed by a number means the use is permitted provided the conditions referenced by the number are met. iii. The letters “SE” mean the use may be allowed if it meets the special exception referred to.
All uses are subject to any applicable standards in this zoning code.
Permitted Uses
Use Group Use Qualifications Standards Accessory
COMMERCIAL/RESIDENTIAL ZONE (CR)
P= permitted C=conditional SE= special exception special exception reference AGRICULTURAL Seasonal sales P Farmer’s market P Nursery, horticultural, wholesale or retail P
RESIDENTIAL Dwelling units Accessory apartment P Live/work space P Dwelling, one‐family detached P Dwelling, two‐unit P Duplex or semi‐ detached Dwelling, townhouse P Dwelling, multi‐family P Single room occupancy P Group living Assisted living P Group home P Life care facility P Temporary overnight shelter P INSTITUTIONAL & CIVIC
Arts, cultural, entertainment P Charitable or service organizations P Cultural exhibits, museums, libraries P Day care facilities Resident operated P Other than a residence P Hospital P Nursing homes C 1 Private clubs P Religious institutions P Schools Public and private schools, colleges and P universities, trade schools COMMERCIAL Adult entertainment business Animal services P Artist work or sales space Need this? Building maintenance services Building material and supply store Business equipment sales and service Business support service Communication service establishments Communication facilities or structures P/SE Roof‐top mounted antennas and related P equipment Conference centers Construction sales and service Eating and drinking establishment Entertainment and spectator sports Farm equipment sales and service Funeral and interment service Cemetery SE Undertaking and funeral homes C Gas stations SE Health care services P Home occupations Research to simplify No impact P Type 1 – permitted C Type 2 ‐ restricted SE Landscape contractor Research Laundry or repair service Lodging Research all lodgings Bed and breakfast C Country inn SE Hotel/motel P Offices P
Parking, non‐accessory Recreational facility, commercial Amusement arcades Indoor SE Outdoor SE Research, development and related activities P Retail sales and service P Self‐storage facility C Vehicle sales and service Auto supply/accessory sales Car wash or cleaning service Heavy equipment sales/rental equipment sales/rental, indoor (auto, motorcycle, boat) Motor vehicle repair shop, minor Motor vehicle repair shop with body work, painting, commercial vehicle repairs INDUSTRIAL Manufacturing and production Artisan Limited Wholesale sales Waste‐related Class I Class II Industrial service Warehousing and freight movement OTHER Utilities Public utility buildings and structures SE Telecommunication facilities Co‐located P Freestanding SE Transportation facilities or structures Bus terminal P Helipad/heliport SE
3.2 Use Conditions
1. nursing home condition …..
59.4 Density
4.1 Density Zones
The Commercial / Residential use district, the density zones and their identifying symbols, work in combination. For example, the combination of the following designation “CR T2.0 C1.5 R1.0” means:
CR indicates the district is a commercial / residential district T2.0 is the total density allowed (2.0 FAR) for any use or combination of uses C1.5 is the total commercial density allowed (1.5 FAR) R1.0 is the total residential density allowed (1.0 FAR).
Where the FAR indicated by T symbol is greater than either the non‐residential FAR or the residential FAR indicated by either the C and R symbol respectively, some mixing of uses is necessary in order to achieve the full FAR identified by the T symbol.
The various symbols are as follows.
Commercial / Residential district CR total floor area T0.5, T1.0, T2.0, T3.0, T3.5, T4.0 non‐residential floor area C0.25, C0.5, C0.75, C1.0, C1.5, C2.0, C2.5, C3.5, C4.0 residential floor area R0.25, R0.5, R0.75, R1.0, R1.5, R2.0, R2.25, R2.5, R3.0, R3.5
4.2 Conversion Table
1. The following table establishes the conversion of zones existing prior to enactment of this ordinance. All zones will conform to the Allowed Uses for the CR District in section 4, below.
Prior Zoning Designation RH, RMX‐2 CT, C1, & 3, R10, C3, C4, MXTC, C2, HM, TOMX, CO, TSM, C5, C6 RMX‐1 CBD‐0.5 CBD‐R1 CBD‐1 CBD‐R2 CBD‐2 TSR CBD‐3 Commercial Residential District Zone Zone Zone Zone Zone Zone Zone Zone Zone CR0.5 CR1 CR1 CR2 CR2 CR3 CR3 CR4 CR4 0.25/0.25 0.5/0.75 0.75/0.5 1/1.5 1.5/1 2/2.5 2.5/2 2.5/3.5 3.5/3 T0.5 T1 T1 T2 T2 T3 T3 T4 T4 C0.25 C0.5 C0.75 C1 C1.5 C2 C2.5 C2.5 C3.5 R0.25 R0.75 R0.5 R1.5 R1 R2.5 R2 R3.5 R3
4.3 Maximum Total Floor Area
A building erected on a lot in a CR district shall not exceed the following floor area limits for the zone in which the lot is shown on the maps in section 59‐C‐15‐___:
1. A combined non‐residential floor area and residential floor area equal to the lot area multiplied by the number following the symbol T as shown on the maps.
2. A non residential floor area equal to the lot area multiplied by the number following the symbol C as shown on the maps.
3. A residential floor area equal to the lot area multiplied by the number following the symbol R as shown on the maps.
4.4 Existing Buildings and Uses ‐ Saving Provision
1. A lawfully existing building or structure and the use therein, which predates the applicable sectional map amendment, may continue and be renovated or enlarged up to 10 percent above the total floor area or 7,500 square feet, whichever is less. A larger addition requires compliance with the provisions of a CR district.
2. A project in either a TS‐R and TS‐M zone may proceed provided the development plan was approved prior to the applicable sectional map amendment. Any increase in floor area above the approved amount means the entire project is subject to the CR district standards.
3. A project subject to a preliminary plan approved prior the applicable sectional map amendment, may be built or altered at any time subject to either the standards of the previous zone or the CR district.
4.5 Dwelling Unit Mix and Size
A mixed use building or residential building with more than 20 dwelling units must provide: i. a minimum percentage of unit types, rounded to the next higher number of units, as follows:
10 percent as efficiency dwelling units 10 percent as one bedroom dwelling units 10 percent as two bedroom dwelling units 7.5 percent as three bedroom dwelling units; and ii. the average floor area of the dwelling units measured from the exterior walls shall be at least 750 square feet.
4.6 Required Amenities and Floor Area Exemptions
Any floor area required to be provided for the amenities set out in the following table, shall be excluded from any floor area limit calculation. Each amenity is subject to the requirements listed.
Floor Area Exemption
Type of Amenity Space Requirements
bicycle parking spaces s. 4.6.1 moderately priced dwelling units s. 4.6.2
shower – change facility s. 4.6.1
workforce housing units s. 4.6.3
4.6.1 Bicycle Parking and Showers
A building in a CR district must contain bicycle parking spaces and shower – change facilities on the same lot subject to the following requirements.
1. The number of bicycle parking spaces and shower – change facilities shall be determined according to the requirements in the following table.
Bicycle Parking and Shower Facilities
Use Requirement
Residential
in a building containing 20 or more 0.5 bicycle parking spaces for each dwelling unit, dwelling units, other than in a senior rounded up, to a maximum of 100 bicycle parking citizens building spaces
Non‐Residential buildings where the combined non‐residential floor area is: i. 10,000 square feet or greater one bicycle parking space for every 10,000 square feet of non‐residential floor area, rounded up, exclusive of any floor area used for parking or loading facilities ii. 100,000 square feet or greater 1 shower – change facility for each gender
2. Bicycle parking spaces may not be provided in a dwelling unit or on a balcony.
4.6.2 Moderately Priced Dwelling Units – Residential Buildings
A building with 20 or more dwelling units must provide 12.5 percent of the units as moderately priced dwelling units.
4.6.3 Workforce Housing
A building with 35 or more market rate dwelling units must include workforce housing units where:
i. any part of the subject lot is located within a metrostation policy area;
ii. the minimum number of workforce housing units will equal 10 percent of the total number of market rate dwelling units; and
iii. any moderately priced dwelling units or dwelling units excluded under Chapter 25B, are not included.
4.6.4 Non‐Residential Floor Area Requirement – Moderately Priced Dwelling Units and Workforce Housing
Any building with over 35,000 square feet of non‐residential floor area must provide a contribution of land or funding to a housing builder to construct housing, or make a payment in‐lieu fee to the Housing Initiative Fund or a combination of either option, as set out below.
Contribution to the Housing Initiative Fund
1. A fee equal to the product of one of the formulas set out below applicable to the use of the bonus floor area, paid into the housing initiative fund where the bonus non‐residential floor area for the specific use is multiplied by the corresponding fee.
Non‐Residential FAR – Affordable Housing Fee
Use of the Non‐Residential Required Affordable Floor area in Square Feet Housing Fee
hotel square feet x $XXXX = total fee office space square feet x $yyyyy = total fee research and development square feet x $ zzzzz = total fee retail space square feet x $ vvvvv = total fee
Contribution to a Housing Builder
2. The fee calculated in paragraph 1 above, or land of equal value, is transferred to one or more housing builders and they are required to construct a minimum number of moderately priced dwelling units and / or workforce housing units, equal to the product of one of the formulas set out below applicable to the use of the bonus floor area.
Non‐Residential FAR – Housing Builder Contribution
Use of the Non‐ Required Number of Affordable Residential Floor area Dwelling Units to be Built in Square Feet
hotel square feet x .00011 = number of dwelling units office square feet x .00027 = number of dwelling units research and development square feet x .0002 = number of dwelling units retail space square feet x .00014 = number of dwelling units
Combination ‐ Payment In‐Lieu and Payment to a Housing Builder
3. The options set out in paragraphs 1 through 3 may be combined where the number of moderately priced dwelling units and workforce housing units required to be built is reduced by the amount of square feet for which a payment in‐lieu is made under paragraph 1.
General
4. The dwelling units built under this section 4.6.4 must be either moderately priced dwelling units or workforce housing units for a minimum period of 99 years and the proportion of moderately priced dwelling units shall not be less than 12.5 percent.
4.6.5 Affordable Housing Floor Area – Exemption and Distribution
Any residential floor area used for moderately priced dwelling units or workforce housing units required in s. 4.6.1 through 4.6.4:
i. does not count toward the permitted floor area limits; ii. is not included in calculating a floor area bonus for the same purpose in s. 4.4 of this section; and iii. is reasonably distributed within the project.
4.6.5 Height Exemption
Building heights may exceed limits recommended in the appropriate master or sector plan, if the Planning Board finds that the increase in height is compatible with other existing or planned development in the vicinity and is necessary in order to include the required moderately priced dwelling units.
4.7 Density Bonus
The Planning Board may approve a density bonus in a CR district for projects that provide additional public facilities, amenities or benefits, listed in this section and subject to the regulations set out for each. Facilities, amenities and benefits may be combined in any number.
4.7.1 Purpose
Density bonuses allowed in a CR district may be granted if the Planning Board finds they will further the goals of applicable master plans and sector plans and one or more of the following objectives.
1. Both public space and opportunities to improve the health of the public are enhanced. 2. The supply of affordable housing is increased. 3. The range of housing options is broadened. 4. Mobility options improve. 5. Both the environment and energy sustainability of the community is enhanced. 6. The quality of building design is advanced.
4.7.2 Bonus Options
The floor area limits set out on the maps in s. 59‐C‐15‐______may be exceeded on a lot in a CR district, upon approval by the Planning Board, provided: i. the additional floor area includes one or more of the public amenities set out in the table below; ii. where any bonus exceeds 0.3 FAR for non‐residential floor area, moderately priced dwelling units and / or workforce housing units must be provided at the ratio outlined in s. 4.7.3.9; iii. building lot termination easements are required for any bonus floor area as set out in s. 4.7.3.1; ii. the corresponding requirements are met; and iii. in no case shall the bonus floor area exceed: a. where the lot is in a low density CR district, an additional 0.5 FAR; b. where the lot is in a medium density CR district, an additional 1.0 FAR; and c. where the lot is in a high density CR district, an additional 3.0 FAR.
Bonus Floor Area Options
Public Amenity Maximum Floor Area Increase Standards Reference
building lot 12.5 % of the bonus floor area s. 4.7.3.1 termination community 0.3 FAR or the non‐residential floor s. 4.7.3.2 connectivity floor area of the pedestrian retail uses, whichever is less community services 0.5 FAR or the two times the non‐ s. 4.7.3.3 and facilities residential floor area of the community service and facility, whichever is less day care 0.1 FAR or twice the floor area of the day s. 4.7.3.4 care, whichever is less floor plate size 0.2 FAR or two extra floors, whichever is less s. 4.7.3.5 green roof 0.2 FAR or an amount of bonus floor area s. 4.7.3.6 = (green roof area / lot area) X 0.30 X base FAR whichever is less
green wall 0.1 FAR s. 4.7.3.6 heritage building 0.2 FAR or an amount of bonus floor area s. 4.7.3.7 equal two times the FAR of the historic building
LEED gold 0.1 FAR s. 4.7.3.8 moderately priced 0.3 FAR within a low density mixed use area s. 4.7.3.9 dwelling unit 0.5 FAR within a medium density mixed use area 3.0 FAR within a high density mixed use area on‐ site energy 0.3 FAR or a ratio where every one percent s. 4.7.3.10 production of the energy needs of the building being produced on site results in a 0.01 FAR bonus, whichever is less pedestrian walkway 0.2 FAR or a floor area bonus equal to the s. 4.7.3.11 floor area of the walkway, whichever is less plazas 0.5 FAR or a floor area bonus equal to the s. 4.7.3.12 area of the plaza times the base FAR multiplied by 80 percent street improvements up to 0.25 FAR s. 4.7.3.13 transit access and 0.2 FAR or an area equal to the floor area s. 4.7.3.14 improvements provided, whichever is less transit station 0.3 FAR within a low density mixed use area s. 4.7.3.15 proximity 0.5 FAR within a medium density mixed use area 1.0 FAR within a high density mixed use area workforce housing 0.3 FAR within a low density mixed use area s. 4.7.3.9 unit 0.5 FAR within a medium density mixed use area 3.0 FAR within a high density mixed use area
4.7.3 Bonus Floor Area ‐ Standards
The following standards are the requirements cited in the floor area bonus table above.
4.7.3.1 Building Lot Termination
Any building with bonus floor area must provide for building lot termination easements if required under an approved master or sector plan, as set out in the following standards.
1. Residential development within a metrostation policy area where workforce housing is provided is exempt from providing building lot termination easements.
2. The applicant is required to purchase a building lot termination easement or make a contribution to the Agricultural Land Preservation Fund under Chapter 2B, equal to 12.5 percent of the non‐residential floor area and / or residential floor area or any combination. One building lot termination is required for:
i. every 7,500 square feet of bonus residential floor area: and
ii. every 9,000 square feet of bonus non‐residential floor area.
3. Where an easement cannot be purchased or the amount of bonus floor area attributed to a building lot termination easement is a fraction of the floor area equivalent, the applicant is required to make a contribution to the Agricultural Land Preservation Fund an amount equal to the rate set annually by Executive Regulation.
4.7.3.2 Community Connectivity
A building that enhances community connectivity by providing pedestrian retail uses is eligible for a floor area bonus provided it meets the following standards.
1. The pedestrian retail uses are located on a lot within 0.5 miles of either:
i. a transit station, existing or included in an approved master or sector plan; or ii. an existing residential neighborhood of a minimum of 30 units per acre;
with pedestrian access to either or both, measured from the main building entrance.
2. Within the 0.5 mile radius there is pedestrian access between the main building entrance and a ten or more pedestrian retail uses, existing and / or included as part of the development and not more than five of any one use defined as pedestrian retail uses is counted in the ten.
3. No parking spaces, drive through facility or drive aisle, is located in front of the main front wall of a building and neither are visible from the street.
4. Any building containing the pedestrian retail uses is located at the front lot line and in the case of a corner lot, at the side lot line facing the flanking street, unless a site plan is approved by the Planning Board that varies the setback.
6. A minimum of 50 percent of the pedestrian retail uses shall have a non‐residential floor area of less than 5,000 square feet, for a period of at least six years after the occupancy permit is issued for the space.
7. The non‐residential floor area of any existing business under 10,000 square feet, retained or provided in the redevelopment, will be exempted from a FAR limit up to twice the non‐ residential floor area occupied by such business, provided the maximum floor area bonus does not exceed the cap set out in the floor area bonus table.
4.7.3.3 Community Services and Facilities
Community services and facilities help meet the needs of residents and workers and are eligible for a floor area bonus provided they meet the following standards.
1. They are listed in the appropriate master or sector plan;
2. They are in addition to any basic requirement of this Code.
3. The entrance to the community services and facilities is on a street.
4. A building used for the community services and facilities is located at the front lot line and in the case of a corner lot, at the side lot line facing the flanking street, unless a site plan application is approved by the Planning Board that varies the setback.
4.7.3.4 Day Care
A day care is eligible for a floor area bonus provided it meets the following standards.
1. A safe drop off location is provided on site.
2. A minimum of 40 percent of the available space in the day care is available to the general public.
4.7.3.5 Floor Plate Size
A project may be eligible for a floor area bonus of up to two additional floors above a height limit recommended in a master or sector plan or set out in this Code, provided it meets the following standards.
1. The Planning Board finds that the additional height is compatible with existing or planned uses on adjacent property and the neighborhood.
2. The floor area of any floor above a height of 120 feet does not exceed:
i. 10,000 square feet for residential floor area;
ii. 17,000 square feet for non‐residential floor area; and
iii. 12,000 square feet for a floor that has both residential floor area and non‐residential floor area, provided that not more than 60 per cent of that floor is used for either type of floor area.
3. The exterior of the building facing a street or public outdoor space has a minimum of 65 percent glass.
4.7.3.6 Green Roof or Green Walls
A green roof or green wall is eligible for a floor area bonus provided they meet the applicable following standards.
1. The green roof must cover a minimum of 50 per cent of the area of the roof of the building, excluding any space occupied by mechanical equipment.
2. The green wall is designed, installed and maintained to cover a minimum of 30 percent of the area of a blank wall and the Planning Board finds that the green wall will add to the design and sustainability of the project.
3. The vegetation must be maintained for the life of the building and the County may gain access to inspect, install and or maintain the vegetation at the expense of the owners.
4.7.3.7 Heritage Building
A heritage building is eligible for a floor area bonus provided a preservation plan for the heritage building is approved by the Historic Preservation Commission.
4.7.3.8 LEED Gold
A LEED gold building is eligible for a floor area bonus provided it meets any continuing requirements necessary to maintain that status.
4.7.3.9 Moderately Priced Dwelling Units & Workforce Housing Units
Additional floor area for either residential or non‐residential uses can be considered as a public benefit when a percentage of the additional dwelling units or non‐residential floor area includes affordable housing either as moderately priced dwelling units or workforce housing units.
The bonus floor area is exempt from the permitted floor area totals provided the following standards are met.
Residential Floor Area Bonus Standards
1. The bonus residential floor area set out in Column A below is exempt from the permitted floor area as long as the number of dwelling units provided in that floor area, includes moderately priced dwelling units and workforce housing units equal to the percentages set out in Columns B and C.
Bonus Residential FAR – Required Affordable Housing
Column A Column B Column C
Bonus Residential Floor Percentage of Dwelling Units Minimum Percentage of Area as an FAR in the Bonus Floor Area Required Dwelling Units Required to to be Moderately Priced Dwelling be Moderately Priced Units or Workforce Housing Dwelling Units
0.1 FAR 23 % 12.6 % 0.2 FAR 26 % 12.7 % 0.3 FAR 29 % 12.8 % 0.4 FAR 32 % 12.9 % 0.5 FAR 35 % 13.0 % 0.6 FAR 38 % 13.1 % 0.7 FAR 41 % 13.2 % 0.8 FAR 44 % 13.3 % 0.9 FAR 47 % 13.4 % 1.0 FAR 50 % 13.5 %
2. Both the moderately priced dwelling units and the workforce housing units are reasonably distributed within the project.
Non‐Residential Floor Area Bonus Standards
3. If any combination of bonus non‐residential floor area exceeds 0.3 FAR, the applicant is required to make a contribution of land or funding to a housing builder to construct housing, or makes a payment in‐lieu fee to the Housing Initiative Fund or a combination of either option, as set out below, applied to the amount of non‐residential floor area above the 0.3 FAR bonus.
Contribution to the Housing Initiative Fund
i. A fee equal to the product of one of the formulas set out below applicable to the use of the bonus floor area, paid into the housing initiative fund where the bonus non‐ residential floor area is multiplied by the corresponding fee.
Bonus Non‐Residential FAR – Affordable Housing Fee
Use of the Bonus Non‐ Required Affordable Residential Floor area Housing Fee
hotel x $_____ = total fee office space x $_____ = total fee research and development x $ ____ = total fee retail space x $ _____ = total fee
Contribution to a Housing Builder
ii. The fee calculated in subparagraph (i) above, or land of equal value, is transferred to one or more housing builders and they are required to construct a minimum number of dwelling units equal to the product of one of the formulas set out below applicable to the use of the bonus floor area.
Bonus Non‐Residential FAR – Housing Builder Contribution
Use of the Bonus Non‐ Required Number of Affordable Residential Floor area Dwelling Units to be Built
hotel x .00011 = number of dwelling units office x .00027 = number of dwelling units research and development x .0002 = number of dwelling units
retail space x .00014 = number of dwelling units
iii. Any dwelling units built under this section must be either moderately priced dwelling units or workforce housing units for a minimum period of 99 years and the proportion of moderately priced dwelling units shall not be less than 12.5 percent.
Combination ‐ Payment In‐Lieu and Payment to a Housing Builder
iv. The options set out in clauses (i) through (iii) above may be combined where the number of dwelling units required to be built is reduced by the amount of square feet for which a payment in‐lieu is made under clause (i).
4.7.3.10 On Site Energy Production
Any building equipped for on‐site energy production is eligible for a floor area bonus provided it meets the following standards.
1. The on‐site energy production is not included in the LEED gold floor area bonus.
2. The on‐site energy production continues for a minimum of 30 years.
4.7.3.11 Pedestrian Walkway
Through block connections enhance pedestrian mobility and help to create interesting spaces, particularly on larger blocks. An indoor pedestrian walkway is eligible for a floor area bonus if it meets the following standards.
1. The pedestrian walkway provides direct access between parks, public buildings and facilities, publicly accessible spaces, transit facilities and at least one street.
2. The minimum width of the pedestrian walkway shall be 20 feet.
3. A minimum of 70 percent of the walls facing the interior pedestrian walkway below a height of eight feet must have clear unobstructed glazing for a minimum of 65 percent of its length and be fronted with active pedestrian retail uses for the same percentage of frontage.
4. The pedestrian walkway must be open to the public at a minimum between 8:00 a.m. and 7:00 p.m. and where it leads to a transit facility, for the hours of operation of the transit served.
5. Retail uses fronting both a pedestrian walkway and a street, shall maintain operable doors from both.
4.7.3.12 Plazas
Plazas are an important public amenity and create interesting spaces and active gathering areas. Any plaza for which a floor area bonus is provided, must meet the following standards.
1. The plaza is directly accessible to a street.
2. The minimum width of the plaza shall be 50 feet.
3. The plaza must be open to the public at a minimum between 8:00 a.m. and 9:00 p.m.
4. Where the plaza is provided as part of a redevelopment, buildings facing the plaza must be designed so that:
i. the walls of any non‐residential floor area facing the plaza must have a minimum of 70 percent glazing below a height of four floors; and
ii. the main entry to any dwelling units is from a wall facing the plaza.
5. No loading or parking facilities should be visible below a height of the fourth floor.
6. The plaza must be in addition to any common outdoor space required in s. 6.2 or other minimum open space requirement of this Code.
4.7.3.13 Street Improvements
Streetscape improvements enhance the pedestrian experience and better connect buildings to the public spaces. A floor area bonus for streetscape improvements must meet the following standards.
1. The Planning Board makes a finding as part of an approved site plan that the streetscape improvements are in excess of current standards currently required as part of the development process.
2. The improvements must be located within 2,500 feet of the subject site.
3. The improvements may include any of the following elements and plans submitted as part of the site plan application process should detail these elements.
special surface treatments such as pavers enhanced street lighting including pedestrian scale lighting sustainable landscaping treatment such as native plantings to capture storm water public art in the publicly accessible areas facilities for bicycles energy saving or producing features such as the creative use of solar panels creative signage to assist pedestrians in way finding interactive media electronic display to engage pedestrians sidewalk widening
4. The size of the floor area bonus is equal to the square foot value of the bonus that equals the value of the streetscape improvements. The value of floor area bonus is determined by the property values within one mile of the site averaged over the last five years, based on the following formula.
the cost of 1 square foot of floor area for the subject use in the building = 80 % x the median cost of land per buildable square foot
5. Applicants may make a cash contribution for the value of improvements to a County Agency which will undertake the improvements.
4.7.3.14 Transit Access and Improvements
Transit access and improvements enhance the pedestrian experience and better connect transit to the street. A floor area bonus for this purpose must meet the following standards.
1. The improvements must be part of an approved site plan.
2. The improvements must be located within 2,500 feet of the subject site or in the case of mobile transit improvements, provide regular access for passengers to the transit station.
3. The improvements may include new access easements, connecting walkways, mezzanines or concourse areas.
4.7.3.15 Transit Station Proximity
Uses located close to public transit help reduce vehicle miles travelled. A floor area bonus provided for close proximity to a transit station is subject to the following requirements.
1. To qualify for this floor area bonus, the distance between the proposed development and the transit station must be as follows.
Transit Station Proximity Floor Area Exemption
Type of Mixed Use Area Distance to the Transit Station
low density mixed use area 1,500 feet medium density mixed use area 2,000 feet high density mixed use area 2,600 feet
2. There is direct pedestrian access along a sidewalk or finished walkway between the proposed development and the transit station.
4.7.4 Height Exemption
Building heights may exceed the limits recommended in the appropriate master or sector plan, if the Planning Board finds that the increase in height is compatible with other existing or planned development in the vicinity and is necessary in order to include any of the bonus floor area options set out in section 4.7.2.
59.5 Development Standards
5.1 Setbacks
1. Side and Rear Yard and Windows on the Same Lot
A window of a dwelling unit (other than a window of a kitchen or bathroom) in a residential building or the residential portion of a mixed use building in a CR district, cannot be closer than:
i. 17.5 feet to a lot line that is not a street line or that does not front a park;
ii. 35 feet to a window in a wall, other than a wall forming an angle of 90 degrees or greater to each other on a horizontal plane.
2. Setback from a Residential District
The minimum setback for any building in a CR district from a lot line in a residential district shall be:
i. 25 feet; and
ii. no part of the building shall project beyond a 45 degree angular plane projecting over the lot measured at a height of 55 feet at the 25 foot setback, with the exception of balconies, chimneys and railings.
3. Podium Level Setbacks
To be added
5.2 Pedestrian Priority Streets
5.2.1 Purpose & Criteria for Designation
The following regulations are intended to preserve and create pedestrian streets where retail and service shops create animated building frontages along sidewalks with high levels of pedestrian activity. The goal is to provide safe pedestrian oriented environments where economic activity can evolve through increased pedestrian movement. Pedestrian priority streets have the following characteristics. i. minimal to no setback from the public sidewalk; ii. curbside parking with no surface parking visible from the street; iii. lots of display windows and entries generally parallel to the sidewalk providing animation as well as lighting in the evening; and iv. numerous shop entrances where active entries are not generally not more than 50 feet apart.
5.2.2 Designation
Pedestrian priority streets are identified on the following map.
Insert a pedestrian priority street map by sector plan area
5.2.3 Building Standards
1. The standards of this subsection apply to any development on a lot fronting on a pedestrian priority street as identified in s. 5.2.2.
2. Pedestrian priority uses must occupy a minimum of 65 percent of the aggregate length of the portion of the frontage of the lot abutting the pedestrian priority street.
3. The building must be located within five feet of the public sidewalk.
4. A minimum of 60 percent of the building façade fronting the pedestrian priority street between 3 feet and 9 feet in height above the adjacent sidewalk, must be windows that allow views of the indoor space.
5. The primary entrance to a building fronting a pedestrian priority street must be facing such street.
6.0 Amenity Space and Open Space
6.1 Residential Amenity Space
Any building containing 20 or more dwelling units on a lot in a CR district must provide residential amenity space as set out in the following table.
Amenity Space Requirement
Type of Residential Amenity Space Amount of Residential Amenity Space
residential amenity space indoors in a 20 square feet of residential amenity space multi‐purpose room or contiguous for each dwelling unit to a maximum area of multi‐purpose rooms, at least one of which 5,000 square feet contains a kitchen and a bathroom
residential amenity space located outdoors 20 square feet of residential amenity space for each dwelling unit of which at least 400 square feet is to be provided in a location adjoining or directly accessible from the indoor residential amenity space
6.2 Common Outdoor Space
Any mixed use building or non‐residential building on a lot in a CR district having any frontage exceeding 40 feet, must provide common outdoor space equal to the amount set out in the following table.
Common Outdoor Space Requirement
Number of frontages of the lot Common Outdoor Space Requirement exceeding 40 feet
one 1.5% of the non‐residential floor area in the building or structure or 4.5% of the lot area, whichever is less two 3.0% of the non‐residential floor area in the building or structure or 9.0% of the lot area, whichever is less three 4.5% of the non‐residential floor area in the building or structure or 13.5% of the lot area, whichever is less four or more 6.0% of the non‐residential floor area in the building or structure or 18% of the lot area, whichever is less
6.3 Exemption
1. Moderately Priced Dwelling Units
The requirements in s. 6.1 shall not apply to moderately priced dwelling units except where the Planning Board determines there is a shortage of recreation space within one half mile radius of an application including these units and in any case, such units within a metropolitan policy area are exempt from s. 6.1.
2. Workforce Housing
The requirements in s. 6.1 shall be reduced by 50 percent for workforce housing units where there is a public park or other open space secured through agreement for public access, or such units are located within a metropolitan policy area.
7.0 Height
Buildings in a CR district must comply with height limits recommended in a master or sector plan except where the Planning Board has approved an increase in height above these limits in order to achieve increases in floor area in exchange for public amenities as set out in this Code.
8.0 Parking and Loading
8.1 Parking Requirements
INSERT TABLE OF STANDARDS – include shared parking night / day; flex car reduction
8.2 Off‐ Site Parking
The parking requirements set out in paragraph 8.1 can be achieved either on the same lot as the use for which the parking is provided, or in a permitted parking facility within 1,000 feet of the such lot, provided it is not in a residential district.
8.3 Above Grade Parking
Any above grade parking must comply with the following requirements: i. no part of any building or structure between grade and a height of 13 feet, that is used for parking, excluding means of access, ma be built closer than 35 feet to a lot line that fronts on a street; and ii. the space between the parking and the lot line fronting the street, must be occupied with an active use permitted in a CR district, other than a parking use.
8.4 Parking in Front of a Building
No parking in a CR district is allowed to be located in front of the main front wall of a building and in addition, on a corner lot, in front of the sidewall.
9.0 Use Restrictions
9.1 Drive Through Services
A drive through access is permitted in a CR district provided: i. no part of the driveway is located in front of the main front wall of a building and the side wall of a building on a corner lot; ii. the drive up service window is not visible from the street; and iii. curb cuts to a street are kept to a minimum and the drive aisle is kept to a maximum width of 20 feet for two way traffic and 10 feet for one way traffic.
10.0 Application Procedures
1 A site plan application is required in a CR district for any building or structure with a non‐ residential floor area or residential floor area or combination of each, greater than 10,000 square feet calculated as an aggregate of one or more buildings.
2. A project plan is required for any application requesting an increase in density per the bonus density procedures and requirements of Section….
3. If multiple plans are required for any application, including a preliminary, site, and/or project plan, they must be submitted concurrently.
4. The illustrative or non‐illustrative binding elements of any application approved by development plan, schematic development plan, supplementary plan, or diagrammatic plan must be amended per Article 59‐D.
5. The application requirements, bases of consideration, and findings of all applicable plans reminds binding and in effect according to Chapters 50 and 59 except as modified by this Section.
11.0 Area Regulations
White Flint
12.0 Mapping
The following maps define where the CR districts and the corresponding density limits apply. These maps take precedence over the zones shown on the ______(official name of the zoning maps).