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Madison City Zoning Code

§ 195-32.5

CC Community Commercial Zone regulations.

A. 
Purpose. The purpose of this zone is to provide community commercial uses which will primarily serve the residents of the Borough. This zone is not intended for the development of large, regional retail uses. The development of small-scale office buildings and multifamily housing are permitted uses which complement the community retail uses. The standards of this zone are intended to create a visually pleasing streetscape which establishes a positive aesthetic relationship between the public spaces (e.g., roads and sidewalks) and the building facades and layout of the sites.
B. 
Principal permitted uses.
(1) 
Retail sales and service.
(2) 
Business, medical, professional, executive or administrative offices.
(3) 
Restaurants, non-drive-through.
(4) 
Institutional uses.
(5) 
Theaters.
(6) 
Apartments over retail and/or office uses. (Subject to § 195-32.5F.)
[Amended 6-13-2005 by Ord. No. 18-2005]
(7) 
Financial institutions, non-drive-up window.
(8) 
Funeral homes.[1]
[1]
Editor's Note: Former Subsection B(8), which permitted any use permitted in any residential zone, was repealed 9-14-2020 by Ord. No. 26-2020. This ordinance also renumbered former Subsection B(9) and (10) as Subsection B(8) and (9), respectively.
(9) 
Recreational facilities, commercial or private.
C. 
Accessory uses.
(1) 
Uses which are customarily incidental and accessory to the principal use.
D. 
Conditional uses.
(1) 
Assisted-living residences.
(2) 
Long-term care facilities.
(3) 
Restaurants, drive-through.
(4) 
[2] Financial institutions, with drive-up window.
[2]
Editor's Note: Former Subsection D(4) and (6), regarding gasoline service stations and public garages, respectively, were repealed 2-22-2021 by Ord. No. 10-2021. This ordinance also renumbered former Subsection D(5) and (7) as Subsection D(4) and (5), respectively.
(5) 
Outdoor dining.
[Added 7-12-2010 by Ord. No. 20-2010]
E. 
Supplemental requirements; design standards. All uses in the CC Zone shall meet the following design standards and those applicable provisions of Article IV.
[Amended 5-10-2010 by Ord. No. 17-2010; 9-14-2020 by Ord. No. 26-2020]
(1) 
Residential conversions. The conversion of an existing residential structure to any nonresidential use shall maintain the character of the existing structure and meet all off-street parking and other requirements contained in this chapter. Any conversion of an existing residential building shall be consistent with the existing architecture.
(2) 
Access driveways for retail uses are permitted only from Main Street unless there is no Main Street frontage or unless the Planning Board determines that access from a local or collector road is safer or results in a better circulation pattern.
(3) 
Parking.
(a) 
No parking shall be permitted in the required front yard nor between any part of the front building facade and the street right-of-way line.
(b) 
In appropriate cases, access driveways shall be encouraged to be located so as to allow for a future common drive with the adjacent parcel at one side yard line. Cross easements to permit shared parking areas in the CC Zone shall be encouraged in appropriate cases.
(c) 
Parking areas shall be screened from view of adjacent residential zones, existing residential uses and public roads by landscaping, fencing or a combination of these to create a buffer at least four feet in height. Landscaping shall contain a mix of deciduous and evergreen plantings sufficient to screen the view of vehicles in all seasons.
(d) 
Parking areas located beneath a building shall be fully screened by a mix of deciduous and evergreen plantings and be physically enclosed from view by extension of the front facade of the building to shield all such parking.
(4) 
Landscaping.
(a) 
An eight-foot landscaped buffer shall be required along each side yard, and a fifteen-foot landscaped buffer shall be required along the rear property line. The pervious areas in the required front yard and/or between the front building facade and the street right-of-way shall be fully planted and maintained in lawn area or ground cover or landscaped with a mix of deciduous and evergreen shrubbery and trees. The landscape plan shall be prepared by a licensed landscape architect.
(b) 
Compliance with other regulations, specifically those for street trees, shall be required.
(5) 
Building design and requirements.
(a) 
Large, horizontal buildings of limited height shall be broken down into segments having vertical orientation, both architecturally and structurally. One-story buildings are discouraged.
(b) 
Roof forms such as gable, mansard and similar pitched roof lines are required. Flat roofs are prohibited.
(c) 
Rooftop mechanical equipment shall be screened from public view by architecturally compatible materials. Ground-level mechanical equipment, such as air conditioning equipment, utility boxes and meters, shall be screened from public view by landscaping, walls or fencing.
(d) 
A minimum of one building entrance shall face the arterial road where there is frontage on an arterial. Sidewalks along an arterial road shall be provided within the front yard area for access from the existing sidewalk system along the arterial road and the entrance facing the arterial road.
(e) 
The visual character of buildings along street frontages and entryways shall be "pedestrian friendly." Particular consideration shall be given to shop fronts, including windows and doors.
(f) 
Fire escapes are prohibited on the principal facade of a building.
(6) 
Street furniture.
(a) 
Security gates of any kind are prohibited. These include solid or open gates and roll-up doors.
(b) 
The design of all new street furniture (e.g. benches, trash receptacles, etc.) shall be consistent with the building design.
(7) 
Trash disposal.
(a) 
An area for trash disposal and recycling shall be provided. This area shall be screened from the parking areas and adjacent properties with fencing and/or landscaping.
(b) 
Trash disposal areas shall be located as far from residential zone boundaries as possible, but in no case shall they be located within seven feet of any residential zone or use.
(c) 
Trash disposal areas are prohibited anywhere in the required front yard and/or between the front facade and the street right-of-way.
(8) 
Residential development, with the exception of 100% affordable housing development, shall conform with the following minimum floor area requirements:
(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.
F. 
Supplemental dimensional requirements for apartments over retail and/or offices uses. The floor areas of apartments above the first floor of buildings in the CC Zone which satisfy the following dimensional requirements shall be exempt from the calculation of the maximum permitted floor area ratio and shall be subject to all of the following supplemental dimensional provisions:
[Added 6-13-2005 by Ord. No. 18-2005]
(1) 
Lot frontage shall be on Main Street and be at least 125 feet.
(2) 
The lot size shall be at least two times the minimum required lot size.
(3) 
No more than 12 dwelling units shall be on any property/parcel outside of the CC Inclusionary Overlay Zone.
[Amended 9-14-2020 by Ord. No. 26-2020]
(4) 
Residential floors above the first floor shall be designed as an extension of the front facade and in no case shall the residential space extend beyond the limits of the first floor building footprint.
G. 
CC Inclusionary Overlay Zone regulations.
[Added 9-14-2020 by Ord. No. 26-2020]
(1) 
Purpose: to allow well-designed inclusionary multifamily residential development in key nodes along the Main Street corridor east of downtown.
(2) 
Principal permitted uses.
(a) 
Inclusionary multifamily residential development in accordance with §§ 195-47 and 195-48.
(3) 
Bulk regulations.
(a) 
Height: three stories/38 feet.
(b) 
Minimum front yard: minimum, 20 feet; maximum, 40 feet.
(c) 
Minimum side yard: 15 feet.
(d) 
Minimum rear yard: 25 feet.
(e) 
Minimum lot area: 10,000 square feet.
(f) 
Maximum distance from ROW for minimum lot area to be calculated: 150 feet.
(g) 
Minimum lot depth: 100 feet.
(h) 
Minimum lot width: 125 feet.
(i) 
Maximum impervious coverage: 70%.
(j) 
Minimum number of buildings per tract or lot:
[1] 
For lots/tracts greater than 40,000 square feet: two.
[2] 
For lots/tracts greater than 80,000 square feet: three.
[3] 
For lots/tracts greater than 100,000 square feet: four.
(k) 
Maximum inclusionary multifamily density: 18 units per acre for all lots under 100,000 square feet; 20 units per acre for lots over 100,000 square feet.
(4) 
The standards in §§ 195-32.5E and 195-32.13H shall apply.
(5) 
Block and lots included in CC Overlay Zone:
BLOCK
LOT
1203
13
1105
28
1105
29.01
1106
1, 2
2001
17, 18, 19, 20 23, 24, 25
2502
1 to 6; 8 to 13
2402
1 to 4; 22, 20
2208
27