(Purpose: This section is designed to implement the flexible zoning provisions of this Code, including the Planned Neighborhood Development, Traditional Neighborhood Development and Mixed Use Employment District by establishing performance criteria in lieu of rigid use classifications. This technique is known as "performance based zoning" or "impact zoning." Rather than defining permitted uses, this section establishes criteria that assess the impact or intensity a particular use or type of development will have on neighborhoods, the environment, infrastructure and services. Points are assigned based on criteria such as open space ratios, impervious surface ratios, and the number of dwellings (density). Accordingly, this section provides objective standards for crafting conditions for mixed use development approval, while protecting neighborhoods and preserving design flexibility.

(a)

Applicability.

(1)

In order to encourage mixed use development, this section applies to any of the following applications:

A.

Any Master Plan; and

B.

An application for a conditional use permit to exceed the dimensional standards prescribed in Section 405.

(2)

In order to encourage a mix of uses, a PND or TND is not restricted to the uses listed in the applicable zoning district. In lieu of the use restrictions in Section 404, the application shall conform to the performance standards of this section. Any use, building form, or use configuration not prohibited by Sections 410 and 411 is permitted in those districts, so long as the overall development site conforms to the performance standards established in this section.

(3)

An MXE is subject to the use restrictions established in Section 404 and this section.

(4)

The plans subject to subsections (1)—(3), above, shall indicate the boundaries and area for each applicable land use category.

(5)

The density or intensity of any lot or development site may exceed the maximum prescribed by Section 405 for the applicable zoning district, subject to the approval of a conditional use permit. No such conditional use permit shall be issued unless:

A.

The proposed development does not exceed the density or intensity restrictions of Section 405 by more than ten percent; and

B.

A conditional use permit is issued in accordance with the procedures and standards of Section 308; and

C.

The proposed development conforms to the performance standards established in this section.

(6)

An application for a property zoned IST is subject to the requirements in Section 409 and this section.

(b)

Performance Standards Matrix. Performance standards within each zoning district, PND or Use Pattern shall conform to Table 407-1, below:

Table 407-1 Performance Standards Matrix

(c)

Density. Density shall be calculated as provided in Section 405.

(d)

Floor Area Ratio.

(1)

For development of an individual platted lot, "floor area ratio" means the ratio of the total building floor area to the total lot area, in square feet.

(2)

For a subdivision plat, master plan, or site plan that includes multiple buildings, "floor area ratio" means ratio of the total building floor area to the total area of the development site, in square feet.

(3)

Floor area ratio of PND relates to entire portion of the nonresidential component of the development.

(e)

Trip Generation.

(1)

The total number of average daily trips (ADT) generated by the proposed development shall not exceed the amount prescribed in the Performance Standards Matrix (Table 407-1), Column (D), per acre of development site. The applicant shall calculate total trips using the procedures established for Traffic Impact Studies (see Article 12).

(2)

Because mixed use development involves a balance between residential and non-residential facilities and a high level of pedestrian infrastructure, many trips are typically captured on-site or are made by non-vehicular modes such as walking or public transportation. In addition, the City finds that design standards for buildings, streets, and building-street relationships are an important factor in reducing the number of trips generated. Accordingly, an application using a TND, PND, or MXE may reduce the projected trips for all eligible uses (see subsection (4), below), as computed in accordance with the ITE Manual, by the amount shown in Table 407-2 below. In order to reduce the number of trips as provide in this subsection, the applicant shall provide a phasing schedule consistent with the following:

A.

Following approval of a final site plan and subdivision plat, the first 75 percent of all certificates of occupancy for dwelling units shall be issued prior to the establishment of any non-residential use.

B.

No certificate of use and occupancy may be issued for the remaining dwelling units until a certificate of use and occupancy has been issued for 100 percent of the non-residential floor area.

Table 407-2 Trip Reductions for Mixed Use Development

Rules of Interpretation for Table 407-2:

For purposes of computing the percentage established above, one dwelling unit or 800 square feet of non-residential space shall equal one equivalent unit. The equivalent units shall be located within the boundaries of the proposed development.

(3)

For purposes of this section, the overall trip generation for an eligible use (see subsection (4), below) in the DR, DB, or DBO district shall be reduced by 30 percent.

(4)

For purposes of this subsection, an "eligible use" includes any residential, retail, institutional or industrial use except Auto-Oriented Uses as defined in Article 10 of this Code.

(f)

Stormwater management. Stormwater credits are defined in the Maryland Department of Environment, 2000 Maryland Stormwater Design Manual, which is hereby incorporated by reference. Credits are calculated for using non-structural practices including Natural Area Conservation, Disconnection of Rooftop Runoff, Disconnection of Non Rooftop Runoff, Sheet Flow to Buffers, Open Channel Use, and Environmentally Sensitive Development. The percentage refers to the reduction in Water Quality Volume (WQv) from a development.

(g)

Street Connectivity. Street connectivity shall be calculated in accordance with Section 611(j) (Street Improvement Standards).

(h)

Design. Design of structures and the site shall comply with Section 604 (Building and Urban Design).

(Supp. No. 5, Ord. No. G-07-22, § 6, 10-18-07; Supp. No. 3, Ord. No. G-06-25, § 1, 9-7-06; Supp. No. 3, Ord. No. G-06-26, § 8, 9-7-06; Supp. No. 5, Ord. No. G-07-22, § 7, 10-18-07; Ord. No. G-17-31, § I, 12-7-17)