§ 17.24.040. Development standards.

Minimum development standards for the central business district shall be as follows:

A.

Minimum Lot Requirements. All lots hereafter established shall meet the following requirements:

1.

Lot area: five thousand (5,000) square feet;

2.

Lot width: fifty (50) feet.

B.

Setback, Height and Density. The following minimum standards are established as guides for design of development. These standards may be increased or decreased by the planning commission upon review of individual site design in relation to the surrounding properties and development of the CBD as a whole.

1.

Setbacks.

a.

Setbacks shall be as follows:

i.

Setbacks shall be the same as the established setbacks for existing buildings within the same block.

ii.

Where there are minor irregularities in existing setbacks for the same block, any one of the existing setbacks which the planning commission considers most applicable may be used.

iii.

Where there are major irregularities in existing setbacks for the same block, the setback shall be no less than the average of setbacks for existing buildings on either side of the proposed development.

iv.

Where no established building setbacks exist, the setback shall be a minimum of five feet from the back of the sidewalk.

v.

Setbacks from the Wicomico River shall be a minimum of ten feet from the back of the existing or proposed bulkheading line.

vi.

Setbacks from interior lot lines shall be a minimum of ten feet.

b.

Modifications to Setbacks.

i.

During its review of any development requiring a modification to setbacks, the planning commission shall consider the location of buildings on the site relative to safe vehicular movement on existing or proposed streets, light, air and ability of fire or emergency equipment and vehicles to adequately serve the development.

ii.

Special consideration shall be given to the location of landscaped areas and areas of pedestrian movement to assure coordination of landscaping and freedom and safety of pedestrian movement.

iii.

The planning commission may increase or decrease setbacks wherever a rearrangement of buildings on the site will aid in achieving a continuous link of development with freedom and encouragement of pedestrian movement from one development to another.

2.

Density.

a.

Floor area for commercial or other uses shall not be used when computing density for dwelling units.

b.

Inherent density shall not exceed forty (40) units per acre.

c.

Increased density shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.

3.

Height.

a.

The height of all buildings or structures shall not exceed seventy-five (75) feet.

b.

Increased height shall require a special exception from the board of zoning appeals. In addition to consideration of the criteria required by Section 17.232.020, the board shall consider the criteria set forth in subsection (B)(4) of this section.

4.

Criteria for Increased Height and/or Density.

a.

When acting upon a request for either increased height or density, the board of zoning appeals shall consider any or all of the following criteria as may apply to the type of development proposed:

i.

Recommendation from the planning commission;

ii.

The type of residential development proposed relative to the ability of the site to accommodate the density proposed;

iii.

The availability of city services to the site, such as water, sewer, streets and parking lots or structures; and whether the site can accommodate a higher density and/or height without an undue burden of expense to the city;

iv.

The functional, visual and spatial relationship of the proposed height relative to surrounding development and the CBD as a whole;

v.

Whether the proposed height will create an intrusion or conflict with the spatial arrangement of existing or proposed buildings;

vi.

Shadows which may interfere with solar panels or other solar equipment already in existence or under contract to be installed on existing buildings or buildings approved for construction in the immediate vicinity;

vii.

Water pressure and capability of community firefighting equipment, in addition to any required construction of fire safety devices, to assure safety of occupants;

viii.

The merits of the design and whether the treatment of setbacks, landscaping or other amenities, in addition to architectural treatment of the building, provide an excellence of design which contributes to the furtherance of the purpose of the CBD.

b.

The board may solicit any expert review and advice to assist it in making a decision on the request for increased height and/or density.

C.

Open Space and Landscaping.

1.

Landscaped open space shall be provided wherever possible to attract development and provide a pleasing environment to conduct business, trade, civic and cultural affairs and improve the appearance of downtown.

2.

Wherever possible, landscaped open space areas shall be provided adjoining the landscaped open space area on an adjoining parcel. Landscaping for both areas shall be coordinated so as to give the appearance of one continuous landscaped area.

3.

Development adjoining the Wicomico River shall provide public open space easements as required in the urban river plan or other adopted plans and shall provide open space and landscaped areas coordinated with existing open space and landscaped areas developed by the city.

D.

Parking. Parking shall be provided in accordance with Chapter 17.196, except where governed by established parking tax district regulations.

E.

Building and Development Restrictions.

1.

Drive-in window service uses shall provide a reservoir of five spaces on site for each drive-in window or stall.

2.

Access driveways crossing sidewalks to private parking areas shall be reduced or eliminated where it is determined that alternative or unified points of access are available resulting in less traffic congestion and pedestrian interference.

3.

Common loading and unloading areas serving more than one business shall be encouraged where possible.

4.

Entrance to loading and unloading areas shall be located at the rear of the building where possible. Where a business abuts more than one street, this entrance shall be on the street with the least amount of traffic.

5.

Outside storage of materials or parts shall be prohibited, except that outside storage of service and delivery vehicles used in operation of a business within the CBD shall be permitted.

E.

Signs. Signs shall be in accordance with Chapter 17.216.

(Ord. 1647 § 4, 1997; prior code § 150-91)