Procedure. An alternative compliance approach shall be prepared and submitted in accordance with the submittal requirements as set forth by the City of Clayton. The approach shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the intent of these standards than would an approach which complies with these standards.

Review Criteria. To approve an alternative approach, the Planning Commission or Architectural Review Board must find that the proposed alternative approach accomplishes the intent of the standard equally well or better than would an approach which complies with the standard.

Notice. At least seven (7) days prior to a Plan Commission or Architectural Review Board meeting, the Commission shall mail a written notice to the last known place of abode of the owners of all property, according to current county tax records, adjacent to or lying within two hundred (200) feet of all boundaries of the property under consideration for alternative compliance.

Exception. Alternative compliance may be pursued for an alternative build-to line where the applicant provides enhancements to the pedestrian environment, including but not limited to increased sidewalk width, a publicly accessible plaza, seating area, outdoor dining, or other amenities that encourage active use of the street edge. Any approved alternative build-to line should maintain a visual and spatial relationship with adjacent buildings to ensure continuity of the streetwall and the urban character of the district.

Exception. Alternative compliance may be pursued for Downtown Character Area requirements outlined in Table 2, however, such requests shall not exceed requirements of Table 1.

Purpose. The Downtown Character Area, as identified by Map 1, below, covers a central portion of the Downtown Clayton neighborhood with specific dimensional standards to protect and enhance the historic character and pedestrian scale of development.

Applicability. Dimensional standards outlined below shall apply to property designated by Map 1 and zoned "M-2" or "M-3" and shall prevail in the event of any conflicts with Table 1. Any standards outlined in Table 1 that are not modified by Table 2 shall also apply.

Table 2. Downtown Character Area Dimensional Standards, lists the dimensional standards for the character area.

Purpose. The Maryland Gateway Character Area, as identified by Map 2, below, is intended to maintain a walkable, pedestrian scale, human-focused corridor with changes to the streetscape to reflect the urban character of Downtown. Much of this can be built upon the already strong presence of small retail establishments, which help define the street edge and serve as a transition to adjacent residential areas. The purpose is to create a lower density mixed-use district that provides an iconic gateway into Downtown Clayton while respecting the northern residential neighborhood and the civic uses to the south. In order to maintain this area as "pedestrian friendly," structures must be human in scale. Building mass, density and frontage variations should create a visually attractive and inviting streetscape within the urban context. The purpose of these regulations is to foster appropriate use of existing structures and enable compatible redevelopment, which serves the following goals:

Applicability. Dimensional standards outlined below shall apply to property zoned "M-1" and shall prevail in the event of any conflicts with Table 1. Any standards outlined in Table 1 that are not modified by Table 3 shall also apply.

Table 3. Maryland Gateway Character Area Dimensional Standards, lists the dimensional standards for the character area.

"P" designates a permitted use.

"C" designates a conditionally permitted use requiring a Conditional Use Permit.

"X" under the Consumer Emphasis Area designates a use that meets the requirements for a "CEA" designated property.

"*" designated additional regulations and/or qualifications for the use.

Exception. Alternative compliance may be pursued for Consumer Emphasis Area use requirements.

Determination Of Appropriate Use Category And Use Type.

When a proposed land use is not listed in Table 4. Permitted and Conditional Uses, the use is prohibited unless the Director of Planning and Development Services determines that the use is reasonably comparable to a use that is already listed, having similar functional characteristics and impacts.

The Director shall send a written notification of the use category and use type determination to the applicant.

The use determination shall become effective immediately.

The decision of the Director shall not be subject to Alternative Compliance per Section 405.2850(B).

Purpose. The purpose of Consumer Emphasis Areas "CEA" is to promote active, well-designed ground-floor spaces that attract visitors with appropriately scaled buildings, enhanced pedestrian environments, and co-location of consumer uses along corridors and intersections to create high activity areas.

Primary "CEA" Streets shall have consumer emphasis uses, as identified in Table 4. Permitted and Conditional Uses, comprise fifty percent (50%) or more of the building frontage at ground level.

Secondary "CEA" Streets shall have mixed-use first floor featuring one (1) or more consumer emphasis uses without a minimum size requirement.

Residential amenities and spaces intended solely for residents, such as lobbies, leasing offices, or fitness rooms, shall not satisfy a consumer use requirement.

Some uses, designated with an "*" in Table 4, have additional regulations and/or qualifications that need to be met.

Facades And Elevations.

Tower Placement And Design.

Windows And Storefronts.

Roofs And Cornices.

Materials.

Consumer Emphasis Areas.

Buildings shall be sited and oriented toward the primary street frontage to create a welcoming and engaging streetscape for pedestrians.

Buildings should be oriented square to the roadway and shaped to reinforce the urban setting. Odd or irregular footprints that compete with the street grid should be avoided.

Active programming of plazas, patios, or similar spaces along street frontages is encouraged.

Vehicle circulation and loading or service areas shall be oriented to and accessed from an alley where available. No vehicle access shall be provided within sixty (60) feet of a street corner.

Parking shall be located within the City block interior, buffered by active use along most of the primary street frontage. Surface parking shall not be in a front yard or abutting any sidewalk.

Pumps and pump islands for retail gasoline service stations may project or be located in the required front yard, provided they are at least fourteen (14) feet from any street line and at least fifty (50) feet from the boundary of a residential district.