The purpose of the neighborhood commercial district (NCD) is to enhance the continuity of economic success of designated commercial nodes that are outside of the Manchester Rd corridor by encouraging and promoting well-planned, neighborhood-oriented, market-sensitive commercial and mixed-use development scenarios. All development shall be compatible with the character of the surrounding neighborhood and adjoining land uses and consistent with the general goals and recommendations of the city's comprehensive community plan.

The NCD regulations and procedures are intended to encourage revitalization and infill development that improves the visual character of these areas while simultaneously maximizing the utilization of these commercial nodes. Development in the NCD shall complement the adjoining land uses and promote the following objectives:

(1)

The scale of buildings, intensity and congestion of the district shall reflect, blend or coordinate with neighboring residential areas.

(2)

Encourage commercial land uses that attract users from surrounding neighborhoods and reinforce the local and family oriented focus of these locations.

(3)

Emphasize small, low-impact, local oriented development that respects human scale and the proximity of such locations to residential land uses.

(4)

Strengthen the ability of neighborhood-serving businesses to compete in a changing economic environment.

(Ord. No. 09-03, § 1, 1-12-09)

The uses permitted by right or by special use exception in the underlying zoning district, and multiple family land uses in a mixed configuration with said permitted uses, may be allowed in an NCD subject to the site development plan and governing ordinance passed by the board of aldermen after the review of the planning and zoning commission. The preferred land use in the NCD is moderate density retail, office and commercial services that primarily serve the nearby residential neighborhoods and/or a combination of commercial and residential uses in a mixed configuration. The land uses permitted in an NCD shall be determined based upon compatibility with the uses permitted in the underlying district, the surrounding neighborhoods, and the NCD and POD regulations and shall be specifically listed in the governing ordinance. Nothing in this section shall be construed to prohibit the simultaneous submission of a petition(s) to amend the underlying zoning district in conjunction with an NCD petition.

(Ord. No. 09-03, § 1, 1-12-09)

The intensity of any NCD development shall be governed by the regulations of the underlying zoning district(s). The NCD governing ordinance may allow a complete or a partial relief from the regulations of the underlying zoning district and the associated site development regulations and establish alternate regulations subject to the developer demonstrating that such relief achieves the purposes of this ordinance and incorporates the development and design standards contained herein. Alternate regulations shall be enforceable upon aldermanic approval of the final site development plan, passage of the NCD governing ordinance and the petitioner proceeding with the development including transfer of ownership. If not specifically waived or substituted in the governing ordinance, all provisions of the underlying zoning and development regulations shall apply in the NCD.

(Ord. No. 09-03, § 1, 1-12-09)

The height of all new development shall be governed by the regulations of the underlying zoning district(s). This requirement may be modified by the NCD governing ordinance if the petitioner can demonstrate that the heights of the proposed buildings are in accordance and necessary to achieve the purpose of this ordinance.

(Ord. No. 09-03, § 1, 1-12-09)

The NCD imposes no minimum parking or loading requirements and the requirements of the underlying zoning ordinance may be modified by the NCD governing ordinance. It is the petitioner's responsibility to demonstrate the parking needs of the proposed development and to provide parking accordingly as part of the rezoning and site plan review process. Parking facilities not provided in an on-road configuration shall be concentrated in central areas that are landscaped and buffered to minimize views from major rights-of-way and adjoining properties. All parking facilities shall accommodate the following standards:

(1)

On-street parking shall be encouraged where site design and traffic patterns permit.

(2)

In no case will the minimum dimensional requirement for parking spaces or ADA requirements be waived or amended.

(3)

Parking facilities shall be concentrated in areas that are landscaped and buffered to minimize visibility from major rights-of-way, residential areas and adjoining properties.

(4)

Perimeter landscape buffers and curbed planting islands shall be required in all parking lots of five or more spaces.

(5)

All parking lots shall be screened from public streets and sidewalks, public open spaces, and adjacent properties by complying with one of the following landscaping options, and a two-foot car overhang area shall be provided in any planting area adjacent to parking stalls not intended for parallel parking.

a.

The outside perimeter of all parking areas and drive aisles shall include a landscaped area 12 feet in width offering a mixture of deciduous trees of a caliper of 2 inches or more or evergreen trees at least six feet in height planted on 50-foot centers and three shrubs per tree in no smaller than five-gallon containers. When a parking lot abuts a public right-of-way, the trees shall be planted no less than 30 feet on center; or

b.

A five-foot wide perimeter-landscaped area with metal ornamental fencing or a masonry wall supplemented with clusters of three shrub plantings of five-gallon size container on 30-foot spacings, or a continuous hedge of two-gallon size shrubs interspersed with 2-inch caliper deciduous trees (acceptable as a street tree) planted every 50 feet.

(6)

Parking lot landscaping shall include a minimum of one tree (two-inch deciduous or six-inch evergreen) for every ten parking spaces, or portion thereof.

(7)

All planting areas within or adjacent to a parking lot or vehicular use area shall be irrigated.

(8)

Unless part of a rain garden or similar runoff collection system, all landscaped areas shall be delineated by a vertical concrete curb no more than six inches tall.

(9)

All newly planted trees shall meet the city's minimum species and planting requirements for street trees.

(10)

Surface lots may abut, parallel or otherwise adjoin; without an intervening occupied structure or site improvement not including the landscaped screening strip required in subsection (6) herein; a dedicated right-of-way for no more than 50 percent of the parcel frontage.

(11)

Surface parking areas shall be interrupted with landscaped areas. No more than 20 continuous parking spaces shall be allowed in a row without a landscaped separation. In larger developments, surface parking shall be planned in sub-areas accommodating no more than 100 vehicles with landscaped separations. Parking separation areas shall be no less than 15 feet in width and landscaped according to subsection (5)a. herein.

(Ord. No. 09-03, § 1, 1-12-09)

All buildings located on a parcel fronting a public or private dedicated street right-of-way shall be oriented towards such right-of-way and are subject to the following standards:

(1)

All new buildings shall maintain no more than a ten-foot setback from the right-of-way line. While the intent is to mass the buildings on the property lines, up to 20 percent of a building's facade may be notched, recessed or extended to accentuate entrances, dining areas, windows or the outdoor display of merchandise when permitted.

(2)

Infill development may be set back a distance equal to the average setback of the adjacent uses from the adjoining right-of-way, but in no case shall the buildings be more than 30 feet from the right-of-way line.

(3)

All buildings shall contain an identifiable entrance and a path of entry from the street or adjoining sidewalk.

(4)

Where buildings are set back from the street, a strong pedestrian connection shall be provided to the street sidewalk to promote connectivity to the existing or planned pedestrian network.

(Ord. No. 09-03, § 1, 1-12-09)

Pedestrian access shall be an integral part of the overall design of each neighborhood commercial development. Pedestrian access shall provide safe and convenient access throughout, to and from off-street parking areas and connect as appropriate with abutting properties, surrounding neighborhoods, rights-of-way, developments and transit facilities.

(1)

Sidewalks at least five feet in width shall be provided along all sides of a parking lot that abuts a public or private street and major internal driveways. A continuous internal pedestrian sidewalk of at least five feet in width shall be provided from public sidewalks adjoining the site to the principal customer entrance(s) and/or internal pedestrian circulation system.

(2)

Sidewalks shall be provided along the full length of all building facades featuring customer entrances and along any facade abutting a parking area or a public roadway and shall be at least 12 feet wide. The utilization of the sidewalk for tables and seating for restaurants or leisure purposes, entertainment, sidewalk sales and the limited display of merchandise on a temporary basis is encouraged provided that it does not block the utilization of the sidewalk as a pedestrian way or otherwise create a nuisance. Such sidewalks shall be located in close proximity to the building facade to enhance the relationship to the structure.

(3)

The use of special paving, grade separations, pavement marking, signs, striping, bollards, median refuge areas, traffic calming features, landscaping, lighting, or other means to enhance and clearly delineate pedestrian areas for both day and night use shall be used to minimize potential hazards in areas where pedestrian and vehicular traffic meet.

(4)

All sidewalks shall feature landscaping areas, benches, fountains, artwork, shade structures, room for tables and chairs, pavement enhancements and other pedestrian amenities and placemaking features.

(Ord. No. 09-03, § 1, 1-12-09)

(1)

No permanent outdoor storage, display or sales of items such as, but not limited to, merchandise, equipment, fixtures, vehicles and materials is allowed except as provided by the governing ordinance. Temporary display and/or sale to the public during store operating hours shall be permitted on the premises provided that the display does not block sidewalks, driveways, parking lots, roadways, etc., does not interfere with vehicular and pedestrian circulation, is only conducted on the sidewalk adjoining the unit occupied by the business conducting the sale, the merchandise and fixtures are not retained on the sidewalk outside of business hours and such activity does not create a public nuisance. Nothing contained herein shall prohibit the outdoor sale, display or storage of merchandise that may be otherwise allowed by the underlying zoning or an approved SUE.

(2)

All uses allowed by right or by special use exception in the underlying district may be allowed by right in the NCD provided it is approved pursuant to the POD process, the use is specifically listed in the governing ordinance and any applicable site limitations or requirements are met.

(3)

Any development containing drive-through facilities shall be subject to the following conditions and restrictions:

(a)

Sufficient space to allow queuing for a minimum of 15 vehicles (22-foot spaces) shall be provided from the order pick up location to ensure that public right-of-way or driveway areas will not be blocked. An escape lane shall be provided for each order box and drive-through window.

(b)

No order box or pick up window shall be located within 75 feet of any residentially zoned or occupied property; provided however, that the 75-foot distance may be decreased by 25 percent if the residentially zoned or occupied property is classified as any non-residential category on the future land use map of the 2007 Comprehensive Community Plan.

(c)

A solid screening fence or wall is required between any property used for a drive-through facility and any adjoining residentially zoned or occupied property. Such screening shall provide a 100 percent visual screen to a height of six feet. Associated landscape areas shall be a minimum of 25-foot wide and shall be landscaped in accordance with the requirements of the parking lot landscape requirements (subsection (3)) of section 8 the NRD regulations.

(d)

Each applicant requesting a drive-through facility shall be required to furnish the city with an assessment of traffic impacts, unless the study is waived by the city planner. The study shall be conducted by a traffic engineer or individual certified by training or experience to conduct such studies with the cost for the study to be paid by the developer.

(4)

Any development containing a vehicle washing facility shall be subject to the following conditions and restrictions:

(a)

Car washing facilities shall be a minimum of 100 feet from the nearest residential zoning district or use.

(b)

A noise assessment study completed and sealed by an acoustical engineer or other professional certified by experience or training to conduct such a study shall be completed. Such study shall certify that the proposed facility will meet all applicable city and county sound level standards.

(c)

Hours of operation shall be 8:00 a.m. to 9:00 p.m. or as authorized by approval of the governing ordinance.

(d)

Car wash facilities shall be shown to have no negative impact on the level of service (LOS) of the any adjoining roadway segment or intersection within 500 feet of the building housing the carwash, as determined in a study prepared by a traffic engineer.

(e)

Sufficient space to allow queuing for a minimum of 15 vehicles (22-foot spaces) shall be provided from the vehicular entrance of the car wash building to ensure that public right-of-way or driveway areas will not be blocked. An escape lane shall also be provided.

(f)

The type, number, and location of all entrances, exits, and circulation patterns on any site containing a car wash shall be clearly delineated on the site development plan.

(Ord. No. 09-03, § 1, 1-12-09)

No building shall be erected or more than 50 percent of an existing building altered that does not address the following development guidelines:

(1)

Exterior walls shall consist of one or more of the following:

a.

Brick stone and other natural and manmade masonry or cementatious materials, including for example but not by limitation, brick, stone, glass, EIFS, stucco, tilt up panels, etc.

b.

Brass, stainless steel, aluminum and other decorative metal panel systems that offer a function and durability that is equivalent to the materials listed above.

c.

Wood, metal, plastic and other manmade and natural all-weather materials as decorative elements.

(2)

Blank street-level walls are not permitted on any street frontage in the NCD. Architectural design shall be utilized to create visual interest through the use of texture variations, complementary colors, shadow lines, contrasting shapes, applied features and related architectural devices.

(3)

At least 50 percent of the ground-level wall area of any new or reconstructed building facing a public street shall be devoted to interest creating features, such as building entrances, awnings, display windows or windows affording a level of transparency and architectural variety.

(4)

All windows and doors must include framing architectural elements.

(5)

Building entrances facing a street shall be recessed into the face of the building to a depth that permits the entry door to open and close without projecting into the public right-of-way. Entryways must have a strong design consistent with the architecture of the rest of the building. Elements of strong entryway design include canopies, awnings, porticos, raised cornice parapets over the door, peaked roof forms, arches, large windows, or architectural details such as tile work and moldings that are integrated into the building structure and design.

(6)

Building rooftops shall have the following features:

a.

Parapets, screens, false facades or other architectural treatments that conceal flat roofs and roof top equipment and fixtures.

b.

Overhanging eaves, recessed entrances or similar structures defining the pedestrian areas of the facade and at least partially protecting entrances and walkways from the weather.

(7)

The overall size, shape and proportion of elements of a building as a whole, the building's relationship to other structures, the lot's area, open space and site improvements shall be consistent or compatible with like measures and features of existing buildings, lots and developments in the surrounding area.

(8)

Architectural materials and treatments to the building(s) and the use of screening devices shall be consistent and compatible throughout the site on all facades of all buildings visible from off site and public areas on site.

(9)

Landscaping shall be used to complement and enhance a building's design, color and material. All landscaping areas shall be irrigated to promote the longevity and a healthy appearance of the planted materials and utilize native or acclimatized species that thrive in these types of environments in which they are planted.

(10)

Appropriate screening and landscape buffering shall be utilized wherever a commercial development abuts a residential, recreational or institutional zone or use. Issues of screening from both ground level and upper levels of adjoining parcels and structures must be taken into consideration in the planning and design of landscaped areas and structural screens.

(11)

Roof and ground mounted equipment, including ventilators, HVAC equipment, antennae, generators, trash and grease receptacles, etc. shall be screened from view (100 percent opacity) or isolated so as not to be visible from adjoining public-rights-of way, parcels and structures. The appearance of structural screening shall be architecturally coordinated with the building to maintain a unified appearance.

(12)

Loading docks, trash enclosures, approved or authorized outdoor storage and sale, and similar facilities and functions shall be incorporated into the overall design of the building and site, shall generally be located near the service entrances of buildings and shall be 100 percent screened with vegetation or structures in a manner that is architecturally compatible with the development. Trash storage and disposal facilities that can be seen from adjoining rights-of-way or residentially zoned or used properties and structures shall be screened 100 percent from view.

(Ord. No. 09-03, § 1, 1-12-09)

The following urban design guidelines shall be considered when reviewing a proposed MRD and the associated request for relief from the underlying zoning district and development requirements:

(1)

Edges (natural such as waterways and ridgelines and man-made such as roadways, fences and property lines) signaling and defining the transitions between adjoining land uses, landmarks and public art shall be used to help define a sense of place and scale for commercial projects, functions and uses within and between developments.

(2)

The streetscape shall be enhanced with lighting, landscaping, and pedestrian amenities such as benches, surface texture/color variations, small spaces, business and information kiosks, art, etc.

(3)

Utilize landmark features, such as large scale public art, gateways or other significant architectural or landscaping at highly visible locations such as courtyards and development entrances.

(4)

Cluster and stack office, commercial and residential uses in mixed use buildings as an alternative to one story and strip-type development.

(5)

Utilize outdoor dining and the temporary outdoor display and sale of merchandise during store hours on a day to day basis where the merchandise and display equipment are returned to the store during nonoperation hours.

(Ord. No. 09-03, § 1, 1-12-09)