Madison City Zoning Code
§ 195-32.4
CBD-1, CBD-2 Central Business District Zones regulations.
A.
Purpose. The purpose of the CBD-1 Zone is to promote a vital, mixed-use, walkable downtown core designed to encourage street-level pedestrian activity through ground-level locally oriented retail uses and upper-floor offices and residential uses. The purpose of the CBD-2 Zone is to similarly promote a walkable and inviting streetscape with both mixed-use development and multifamily inclusionary development proximate to Main Street and transit service, supporting and complementing the retail and service core. Preserving and maintaining a streetscape consistent with downtown design principles, encouraging the reuse and rehabilitation of historic structures, maintaining the character and scale of buildings, sites, and uses to promote pedestrian accessibility and safety, and encouraging locally oriented retail businesses and services are central to the identity, health and vitality of the CBD Zones.
[Amended 11-9-2009 by Ord. No. 54-2009; 9-14-2020 by Ord. No. 26-2020]
B.
Principal permitted uses.
(1)
Apartments over retail stores or offices. See also § 195-32.4I for additional standards.
[Amended 1-22-2024 by Ord. No. 1-2024]
(2)
Business, medical, professional, executive or administrative offices, except ground floor in the CBD-1 Zone.
[Amended 1-22-2024 by Ord. No. 1-2024]
(3)
Theaters.
(4)
Institutional uses.
(5)
Public parks and playgrounds.[1]
[1]
Editor's Note: Former Subsection B(5), Off-street parking facilities, was repealed 2-28-2022 by Ord. No. 5-2022. This ordinance also redesignated former Subsection B(6) through (13) as Subsection B(5) through (12), respectively.
(6)
Recreation facilities, commercial or private.
(7)
Restaurants, non-drive through.
(8)
Retail sales and service.
(9)
Financial institutions, non-drive-up window.
(10)
Two-family dwellings (only in CBD-2 Zone).
(11)
Single-family detached dwellings (only in CBD-2 Zone).
(12)
Inclusionary multifamily residential in compliance with §§ 195-47 and 195-48 (only in CBD-2 Zone).
[Added 9-14-2020 by Ord. No. 26-2020]
C.
Accessory uses.
(1)
Uses which are customarily incidental and accessory to the principal use.
(2)
Home occupations.
(3)
Below grade or at-grade parking accessory to principal permitted uses.
[Added 1-22-2024 by Ord. No. 1-2024]
D.
Conditional uses.
(1)
Assisted-living residences.
(2)
Long-term care facilities.
(3)
Gasoline service stations.
(4)
Outdoor dining.
[Added 7-12-2010 by Ord. No. 20-2010]
E.
Prohibited uses. Drive-through windows associated with any use, including, but not limited to, retail sales and services, business services, restaurants, and financial institutions.
[Added 9-22-2008 by Ord. No. 59-2008]
F.
Off-street parking.
[Added 11-9-2009 by Ord. No. 54-2009]
(1)
Off-street parking requirements in the CBD-1 and CBD-2 Zones shall meet the nonresidential parking requirements set forth in the tables provided in Parking Schedule I in § 195-35, reduced by 20%, as well as the parking requirements for residential use as per the NJRSIS, except that on-street parking shall not be counted towards the parking requirement. In evaluation of parking requirements, the reviewing board may consider demand management approaches, such as provision of carsharing, ridesharing and shuttles, and may further reduce the required parking by up to 10% based on documentation provided by an applicant outlining proposed demand management techniques.
(2)
If there is a change in building occupancy (tenancy), but not use [as defined by § 195-20B(2)], and no physical expansion is proposed, additional parking above what is already provided (on site, off site, or through a shared parking agreement) is not required and no parking variance is necessary.
(3)
If there is a change in building occupancy and use (but not physical expansion), then the parking requirements are computed based on the difference between the parking required for the legally existing (prior) use versus the parking required for the new (proposed) use, provided there shall be no reduction in the amount of any existing on-site or designated off-site parking; however, further provided that retail uses with incidental accessory sales of food or beverage items (comprising less than 5% of total establishment revenue or less than 15% of establishment floor area), as well as specialty food establishments of less than 1,500 square feet that do not provide full meals for on-site or off-site consumption, may include up to eight seats for on-site consumption of such items without generating any additional off-street parking requirements in the CBD Zones.
[Amended 6-13-2016 by Ord. No. 45-2016]
(4)
Parking requirements may be addressed in the CBD Zones through a shared parking approach between compatible uses either on or off tract. The off-tract parking shall be located within five blocks or 1,000 feet of the subject property. Documentation shall be provided to support the feasibility of shared parking, including an analysis of the uses sharing the parking and the peak usage periods for each, hours of operation of uses sharing the parking, and lot capacity (number of spaces) based on existing and proposed usage of the lot. A written contractual arrangement should be secured for a minimum two-year period, with a renewable option between parties.
(5)
There shall be no minimum required off-street parking in the CBD-1 Zone for permitted ground-floor nonresidential uses with public street frontage or frontage on a municipal alley or municipal parking lot.
[Added 9-11-2017 by Ord. No. 35-2017]
(6)
Ground floor, at-grade parking shall be enclosed within the principal structure along public street frontages, and shall count towards the building’s maximum permitted height in feet and shall be considered a story.
[Added 1-22-2024 by Ord. No. 1-2024]
G.
Supplemental requirements.
[Added 11-9-2009 by Ord. No. 54-2009]
(1)
Landscaped buffers.
(a)
Where a nonresidential or mixed-use development is contiguous to a residential use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth measured from the residential property line and shall be used as a planting strip or developed as a planted berm, with plant material (trees, shrubs, and plants, including a combination of coniferous and deciduous varieties) a minimum of six feet in height at time of planting. In addition, the reviewing body may also require a solid, board-on-board fence in conjunction with the plantings of at least five feet in height.
(2)
Residential units permitted over first floor commercial space, with the exception of units owned and/or operated by the Madison Housing Authority, shall conform with the following minimum floor area requirements:
[Added 5-10-2010 by Ord. No. 17-2010; amended 9-14-2020 by Ord. No. 26-2020]
(a)
Studio/efficiency: 500 square feet.
(b)
One bedroom: 650 square feet.
(c)
Two bedrooms: 800 square feet.
(d)
Three bedrooms: 1,000 square feet.
(3)
The standards of § 195-24.2E shall apply.
[Added 9-14-2020 by Ord. No. 26-2020]
H.
Inclusionary overlay zones shall provide for residential development under CBD-2 standards as follows:
[Added 9-14-2020 by Ord. No. 26-2020]
(1)
Block 1501, Lot 1: This lot shall have an overlay option for inclusionary multifamily development under the CBD-2 standards for inclusionary multifamily development, except that the maximum permitted impervious coverage and maximum permitted height may be increased by 10% and five feet, respectively, to allow for preservation of the existing barn/barns at the corner of Ridgedale and Cook Avenues.
(2)
Block 2001, Lots 14 and 15: These lots shall have an overlay option for multifamily development under the CBD-2 standards.
I.
Parking accessory to residential uses. A minimum of 60% of the ground floor area of all lots shall be comprised of retail sales and service uses, occupying at least 75% of all public street frontages measured in linear feet. Accessory parking and other amenities, as well as mechanical systems accessory to residential uses, may occupy the remaining ground floor or subsurface floor(s) area of mixed-use buildings.
[Added 1-22-2024 by Ord. No. 1-2024]
