The purposes of this article in establishing the Commercial Zoning District are to:

A.

Preserve the traditions of Pine Lake as an environmentally friendly retreat, with natural landscapes and diverse and architecturally creative structures, while incorporating commercial structures into a dynamic, progressive 21st century community.

B.

Encourage a variety of innovative design solutions, which reflect the diverse and creative character of Pine Lake residents.

C.

Protect and enhance the natural environment.

D.

Foster social interaction among neighbors and visitors to the commercial area through thoughtful planning and design of public streets, "walkability," parking, open space and public spaces.

E.

Foster a new commercial area designed and constructed in such a way that buildings have longevity and permanence, are constructed using recyclable and renewable materials and methods and can accommodate a variety of uses over time.

F.

Implement public streets, sidewalks and public areas that are safe, attractive and convenient, provide comfortable walking access from adjacent residential districts, foster community-oriented events and activities, and engage businesses in the life and welfare of the community.

The Commercial (C) Zoning District includes the following subareas, VC (Village Commercial) and TR (Transitional Commercial).

A.

Village Commercial is Pine Lake's primary retail and shopping area, and provides a mix of retail, office, lodging and service uses. Residential use is permitted only in conjunction with an approved Mixed-Use project meeting the standards of article 9, Mixed Use Overlay.

B.

Transitional Commercial permits a mix of retail, service, office, lodging, and residential uses. The Transitional Commercial category also serves as a transition between the more intense Village Commercial and existing R-1 Residential Districts.

Uses permitted within the Commercial District are shown on the Permitted Uses Table. Any use not listed in the Permitted Uses Table is prohibited in the Commercial District. Uses shown to require a Special Use Permit are allowable, provided the standards of article 11, Special Use Permits are met and approval of the mayor and council is obtained.

A.

No building in the Village Commercial Subarea on the south side of Rockbridge Road shall exceed three stories or 42 feet in height; provided that a partial fourth story not exceeding 60 percent of the square footage of the third story and offset a minimum of seven feet from all exterior walls of the third story may be permitted (i) for those properties constructed to LEED standards and certified as compliant with those standards, or (ii) for those projects increasing open space beyond the ordinance requirement by a minimum of five percent.

B.

No building in the Village Commercial Subarea on the north side of Rockbridge Road shall exceed two stories in height; provided that a partial third story not exceeding 60 percent of the square footage of the second story and offset a minimum of seven feet from all exterior walls of the second story may be permitted for those properties constructed to LEED standards and certified as compliant with those standards.

C.

No building in the Transitional Commercial Subarea shall exceed two stories or 30 feet in height.

D.

Nonresidential buildings in the Village Commercial Subarea shall be erected to a height of no less than 24 feet. Nonresidential buildings in the Transitional Commercial Subarea shall be erected to a height of no less than 20 feet.

A.

Buildings erected within the Commercial District may utilize flat roofs or pitched roofs, only. No gambrel, mansard or hip roofs are permitted.

B.

Flat roofs, irrespective of roof slope, shall be completely enclosed on each building elevation with a cornice line, or parapet wall, that is no less than 24 inches in height. The cornice line, or parapet wall, shall be visually compatible with the architectural character of the building design and shall utilize identical materials. Where mechanical service elements such as, but not limited to, air conditioning units, communications equipment, condensers, exhaust fans, generators, HVAC mechanical equipment systems or other related elements are placed on top of the flat roof, the height of the cornice line, or parapet wall, shall be raised to a point that is not less than 12 inches in height above the height of the tallest of such mechanical service elements, so as to conceal all such elements from view on each building elevation. Where more than three occupancies exist within a single structure, the cornice line or parapet wall of the individual spaces occupied by each occupancy shall be architecturally varied to provide visual interest from the street.

C.

Where pitched roofs are utilized, the pitch or slope shall be no less than 8:12 and no more than 12:12, rise to run, provided that pitched roofs used to provide shade for balconies, decks, patios, porches and pedestrian paths shall be sloped at a ratio that is not less than 2:12. The eaves of all pitched roofs shall overhang building walls for no less than 18 inches. Roof rafters, when provided, may be exposed to view. Pitched roofs shall be composed of standing seam metal, natural slate, or composition shingles.

D.

Buildings erected in the Village Commercial Subarea may utilize rooftop areas for patio dining above the third story (south side of Rockbridge Road) or above the second story (north side of Rockbridge Road) subject to the following limitations:

1.

No building permitted to add an additional partial story as a development incentive for achieving LEED certification or providing additional open space shall use the roof of the additional partial story as outdoor roof space, provided the outdoor space located at the floor level of the partial story may be accessed from the partial story. Outdoor roof space shall not count toward open space requirements on the lot.

2.

No sound amplification systems shall be utilized for outdoor patio dining areas located on roofs.

3.

Rooftop patio dining areas shall cease operation by 10:00 p.m. on the north side of Rockbridge Road and by 12:00 midnight on the south side of Rockbridge Road.

A.

Exterior finish materials. Permitted building exterior finish materials include natural wood, brick, natural stone, cementitious composite stone and cementitious composite board (Hardie plank). Decorative metal siding or hard-coat stucco of Portland cement may cover no more than 30 percent of any building façade. The following exterior finish materials are prohibited: vinyl siding, standard metal siding, concrete block, synthetic stucco, plywood, T1-11 wood siding, Masonite, particle board, non-cementitious composite board and any other siding found to lack durable characteristics.

B.

Chimneys. Any portion of a chimney that projects out from an exterior wall shall originate at grade and shall be faced with brick, natural stone, or cementitious stone.

C.

Facade material design. The use of contrasting materials to add visual interest is encouraged. At least two exterior finish materials shall be used on all building facades facing a public street or public open space. The required combination of materials may be met through the use of design enhancements, such as shutters, balconies, and awnings. The mix of types of siding or veneer materials shall be consistent and proportionate on all building elevations facing a public street or public open space. Where more than three occupancies exist within a single structure, the individual facades occupied by each use shall be architecturally varied, but compatible, through the use of varied building materials, color or external façade elements such as shutters, balconies, and awnings in order to provide visual interest from the street.

D.

Visible foundation materials. With the exception of brick or stone buildings for which the brick or stone continues down the foundation wall, foundations must be a distinct building design element and contrast with the building façade. Permitted foundation materials are brick, stone, cementitious composite stone, architectural concrete masonry units and poured concrete. Poured concrete foundations and foundations composed of unfinished concrete block must be faced with a city approved material of brick veneer, stone veneer, hard-coat stucco of portland cement, or tile.

E.

Colors. Primary, day-glo and/or fluorescent colors shall not be employed except on sign faces, awnings, canopies or as accent colors (not to exceed ten percent of building faces exclusive of window areas).

A.

With the exception of glass sidelights and glass transoms, all other window openings visible from pedestrian view from all fronting streets, parking areas and public open space, shall be rectangular in orientation, proportion and shape, with the height of the window opening greater than the width by a minimum factor of 125/150 percent.

B.

Window openings visible from pedestrian view from fronting streets, parking areas and public open space shall not be coated, concealed or covered with paint or any other opaque material that visually obstructs pedestrian views into the interior of the building. In no circumstance shall any window glass be tinted to such an extent that pedestrian views into the interior of the building are visually obstructed. To prevent visual obstruction, tinted window glass shall have a visible transmittance factor of 60 percent or greater, which creates the impression of clear and transparent glass. This provision shall not be construed to prevent the use of exterior and or interior window shutters, shades, blinds or other similar building components to secure increased privacy for interior occupants.

C.

Occupancies intended for retail use shall have window openings on the first floor that are no less than 18 inches, but no greater than 36 inches, in height above sidewalk grade and shall extend vertically to a point that is not less than ten feet in height above sidewalk grade. Such window openings shall comprise no less than 70 percent of the total building wall area of the first-floor elevation on the fronting street.

D.

With the exception of first floor retail occupancies, all other buildings and all upper stories shall have windows and doors with glass that equals a minimum of 30 percent and a maximum of 40 percent of the total street façade area, with each story being calculated independently.

E.

Awnings and canopies shall be of fabric, canvas, fixed metal, wood or similar material. Internally lit awnings and canopies that emit light through the awning or canopy material are prohibited.

F.

Entry façade window trim shall not be flush with the exterior wall and shall have a minimum relief of one inch from the exterior wall.

G.

Burglar bars, metal barrier systems, security grille systems, steel gates, steel roll down curtain doors and all other similar security treatments shall be prohibited along all building elevations that are visible from pedestrian view from all fronting streets, parking areas and public open space. However, interior security treatments shall be permitted along the first floor, provided that:

1.

All such interior security treatments used to provide protection for door and window openings shall be fully retractable and shall be of the mesh type that will allow for unobstructed pedestrian view into the interior of the building. All such interior security treatments shall be fully retracted while the use is open. No portion of such systems shall be visible from pedestrian view from any fronting street, parking area or public open space when retracted.

2.

When authorized to be in use outside the normal hours of business operation, no less than 75 percent of the total surface area of the interior security treatment shall contain openings.

A.

All parking, except residential, shall be shared.

B.

On-street parking is required for all new streets serving retail, office and service uses.

C.

Parking decks may be utilized in accordance with plans approved by the mayor and council as part of the overall site planning process. All parking decks shall require exterior architectural treatment that contributes to the overall character of the district.

D.

Surface parking lots shall be disbursed throughout new development with each lot having capacity for no more than 50 parked cars. Each surface parking lot shall be surrounded by a landscaped area separating the parking from all public streets and public open space and having a minimum depth of seven feet. Such landscaped area shall have groundcover, a minimum of one shade tree per 50 linear feet, and an evergreen hedge at a maximum height of 36 inches along the entire perimeter adjacent to streets, except for driveway and sidewalk openings. In lieu of an evergreen hedge, the parking lot may utilize a wall or fence meeting standards of this section, with complementary landscaping between the wall or fence and adjoining street or public open space.

E.

Commercial, park-for-hire surface lots are not permitted, provided that individual businesses my lease spaces under a shared parking arrangement and the city may charge for parking on any publicly owned or publicly leased property or easement.

F.

Required parking shall be provided within 500 feet of the uses that it serves, measured along the public sidewalk accessing such parking. All required parking for single family residential, townhouses, live-work and multifamily dwelling units shall be met on-site or in a garage or parking structure immediately adjacent to the residential use.

G.

Angled or parallel on-street parking is required for streets fronting commercial properties and shall be installed in accordance with standards established by article 6, Streets and blocks.

H.

The following table provides required parking standards, by use, within the Commercial District:

I.

In addition, parking spaces for guests shall be provided at all multifamily and attached residential development, at the rate of one guest space per ten dwelling units.

J.

All non-specified uses shall be computed on an individual basis utilizing standards established by the Institute of Traffic Engineers.

K.

Bicycle or moped parking spaces are required as follows:

1.

One bicycle or moped parking space shall be provided for every 20 automobile spaces for new non-residential construction. One such space for every five units of multi-family residential use shall be provided; provided that areas reserved for bicycle or moped parking shall have no fewer than two nor more than 30 such spaces.

2.

Spaces for bicycle or moped parking shall be located within the sidewalk landscape zone a maximum distance of 100 feet from the primary pedestrian entrance, or a distance as close as the closest off-street automobile space, except for handicap spaces.

3.

Bicycle parking spaces shall include a bike rack with a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user supplied lock.

A.

Fences allowed within the Commercial District include brick or stone fences not exceeding two feet in height or wrought iron or wooden fences not exceeding four feet in height that permit an unobstructed view through the fence for a minimum of 35 percent of the fence's surface. Fences may combine brick or stone posts with intervening wooden or wrought iron elements of not less than six nor more than ten feet in width. Such combination fences shall not exceed four feet in height and shall maintain a minimum of 35 percent unobstructed view through the wooden or wrought iron portions of the fence.

B.

Fences utilized by residential development within the Commercial District shall meet the standards for fences in the R-1 District.

C.

Screening walls are required for all areas of commercial waste storage, recycling storage, ground level mechanical equipment, and loading docks visible from any public street, public open space, parking areas or residential uses. Such screening walls shall be completely opaque, a minimum of six feet in height, a maximum of eight feet in height, and composed of either brick, stone or wood. Opaque gates of the same height that permit access by servicing vehicles shall remain closed and secured at all times when no servicing activity is ongoing.

D.

No fence, wall or hedge exceeding two feet in height shall be located closer than six feet from any street curb or edge of street pavement or closer to an intersection than the triangle formed by the intersection of two streets and measured along adjacent pavement edges for a distance of 20 feet.

E.

The finished side of any two-sided fence shall face the public street, public open space, or other adjacent property.

F.

Chain link, barbed wire, razor wire, hog wire, chicken wire and similar fencing elements are prohibited materials for fences in the Commercial District.

A.

Every development shall set aside a minimum of 20 percent of the property to be developed as public open space. Sidewalk requirements located on private property shall count toward open space requirements; additional open space areas shall be located either within the confines of the subject development or, if agreed upon by both the property owner and the city, at a proximate location.

B.

No open detention ponds are permitted within the commercial district; provided that detention may be accomplished as a part of a landscaped water feature not requiring protective fencing and regularly maintained as a gathering point for the public. Such landscaped water features may be counted toward public open space requirements.

C.

Required stream buffers shall not count toward public open space and shall remain undisturbed as required by the storm water ordinance.

D.

The owner shall submit a maintenance agreement establishing a mechanism for maintaining open space dedication located within the subject development.

E.

Open space requirements shall be constructed or dedicated as part of the first phase of construction at a minimum in an amount equivalent to the first phase percentage of open space for the total development.

F.

Open space dedication shall be reflected on the recorded final plat and shall be guaranteed through one of the following mechanisms, through appropriate legal documentation attached to the city approval; bond, conservation easement, land donation, or permanent deed restriction.

G.

Non-residential development shall provide public open space, which shall be open to the public during normal business hours and other normal park hours as determined by the city. Residential development may provide public and/or private open space in accordance with the requirements of the Mixed-Use Overlay District.

H.

New development with wetlands or adjacent to wetlands shall provide continuous public access adjacent to and through such wetlands, as approved by the city. Such public access shall have appropriate boardwalks or other walking surface approved by the city, with a minimum width of ten feet; and shall connect with, or provide for future connection with, adjacent parcels' public access.

I.

Public trails and public access to wetlands that are constructed on private property shall be counted toward open space requirements.

J.

New streets and alleys that are constructed on private property shall not count toward open space requirements.

A.

Except as otherwise set out in this ordinance, all new development and redevelopment of existing properties comprising more than 40 percent of the value of such properties shall meet the standards of article 6 Streets and Blocks. In the event of a conflict between the provisions of this article and article 6, the provisions of this article shall prevail and be controlling.

B.

Developments are permitted a maximum of one driveway curb cut per block face or one curb cut per 400 linear feet of block face, whichever is greater. For the purposes of this section, two curb cuts serving two one-way driveways shall be counted only as one curb cut.

C.

Circular driveways are prohibited, with the exception of hotels.

D.

No driveway curb cuts, driveways, or circular drives shall be permitted on any arterial street when access can be provided from a side or rear street.

E.

Rear alley access shall be provided to single family residences, townhouse, multifamily and live work buildings. Rear alley access shall be provided to commercial garages and to loading and service areas, where such access is feasible.

F.

All required off-street parking for townhouses, multifamily and live-work units shall be met on site or in a garage directly adjacent to the rear of the unit and within 100 feet of the unit. No intervening use shall exist between a dwelling unit and the garage designated for that unit's parking.

G.

Garages and carports shall not face adjacent streets except where alley access is not feasible, in which case such garages or carports shall be set back a minimum of five feet from the street facade, not including porches and stoops, and a minimum of 18 feet from the required sidewalk area.

H.

Opportunities for inter-parcel pedestrian and vehicular access between all adjacent mixed use, commercial and office park parcels shall be provided. Where pedestrian crosswalks and walkways cross streets, such pedestrian crossing shall be marked through the use of pavers of a contrasting color to the street surface.

I.

Drive-through service windows, regardless of underlying use of the premises, are subject to the following restrictions in keeping with the village nature of the community, the community's concerns for environmental protection, the close proximity of single family residential to the commercial areas, the desire for the village commercial area to remain walkable, and the city's desire to further encourage walkability:

1.

Only one drive-through service window, with a single access lane is permitted per business.

2.

Operation of the drive-through service window is confined to the following hours: 7:00 a.m. to 9:00 p.m.

3.

Lighting of the drive-through lane shall be confined to the same lighting as lights the parking area; all lighting shall be fully shielded to prevent spillover light from reaching adjacent properties.

4.

The service window shall be located within the primary building; no separate drive-through structure is permitted.

5.

No loudspeaker system is used. Patrons shall be served exclusively through the drive-through service window, not by remote means.

6.

The restrictions on drive-through service windows do not preclude a business from offering service at a walk-up window, provided such window is located within the primary building and utilizes no loudspeakers or special lighting effects.

J.

Dumpster pads and approaches shall be paved using concrete, with the approach extending a minimum of 40 feet from the dumpster pad.

K.

Streetscapes shall be governed by the standards of article 6 Streets and Blocks.

A.

New development or redevelopment of land, the cost of which is anticipated to exceed 40 percent of the assessed value of the parcel, shall only be established in conjunction with a site plan approved by the mayor and council.

B.

A pre-application conference shall be held by the zoning official for the purpose of reviewing the site plan application process and requirements of the Commercial District prior to submittal of an application for site plan approval. Discussion of the projected project design and its relationship to the standards of this ordinance shall form a portion of those discussions.

C.

Following the pre-application conference, ten copies of the site plan, elevation drawings of each building facade and landscape plan shall be submitted, as applicable, and shall be reviewed for compliance with the Commercial District requirements by the zoning official.

D.

All exterior demolition, new construction (including building additions), expansions of outdoor dining areas or any construction that results in increased lot coverage or modification of the building footprint shall be subject to the pre-application conference and submittal requirements. Routine repair and maintenance and interior improvements are not subject to the pre-application conference provided they involve no change of use. For example, a proposal involving conversion of a retail store to a restaurant would require a pre-application conference to determine impact on such facilities as restrooms and parking.

E.

The site plan shall describe the proposed development and convey a sense of the mass, scale and extent of the development. The site plan shall depict the location of blocks and streets, building relationships and arrangement and public open space to be provided in complying with the requirements of the Commercial District. The site plan is critical to ensuring that the purposes and standards of the Commercial District are advanced relative to the street, pedestrian and open space network.

F.

All site plans shall clearly delineate proposed streets and public open space and corresponding dimensions. A written description of each plan element shall be provided. A site sketch shall be acceptable for the purposes of the pre-application conference prior to the official submittal of a site plan.

G.

Documentation shall be provided as follows:

1.

Blocks and Streets. Street documentation shall include the corresponding street classification of each street; the dimensions of the street right-of-way, lane widths, curb-to-curb widths, on-street parking, sidewalk clear zone widths, street furnishings and supplemental zone widths and block dimensions.

2.

Public open space. Open space documentation shall include the (1) area of open space in square feet for each open space component, (2) total area of all open spaces, (3) a written description for each open space component describing the type and function of the open space, and (4) a general description of the predominant materials to be used and features to be installed in each open space component.

H.

Once the zoning official determines the required elements have been covered by the site plan, it shall be placed on the next available council agenda for a meeting to be held no earlier than five days from date of submission. The mayor and council shall review the site plan, may question the applicant, and shall make a determination as to whether the site plan furthers the city's policies and goals for development of the Commercial District. The mayor and council may accept the site plan as submitted, request revisions to bring the site plan more in line with city policy, or reject the plan as not meeting the policies and interests of the city.