§ 4-13. Commercial development standards

A. General purpose and description.

1. The intent of the commercial development standards set forth in this section is to provide a more restrictive framework for consistent development in concert with the most efficient and sustainable building methods and with an aesthetically pleasing and cohesive appearance. These standards serve as the hallmark to those visiting, passing through, or residing in the City of McLendon-Chisholm.

2. In order to ensure that the visual impact of development does not detrimentally affect the area in which it is proposed, landscaping plans, building elevations and site plans are required. Architectural compatibility will be reviewed by the planning and zoning commission.

3. The standards established by this section shall apply to all property development in the NC - Neighborhood Commercial, GB - General Business, the CP - Commercial Planned Center, the O-1 Office, the O-2 Office, and the LI - Light Industrial Districts unless excepted as herein provided.

B. Permitted uses. Retail, personal service, residential and office uses may be allowed throughout. For a specific list of permitted uses, see article 3, Permitted Uses.

C. Building design.

1. The height of new buildings shall not exceed two stories (36 feet maximum).

2. Building facades generally respecting pedestrian or human scale design should be incorporated into new development projects.

3. Roof types generally associated with residential buildings such as gable, hip or gambrel are also appropriate for structures within the standards.

4. All decorative fixtures, including awnings, signs and lighting, shall be integrated with other design elements of the structures.

5. Building elevations shall be submitted as part of the development application for consideration of the planning and zoning commission. Perspectives, accurate sections or a model of the project may be required to depict the height, mass and scale of the proposed project with respect to its setting and adjacent development.

6. Facades shall generally be built parallel to the street frontage, except at street intersections, where a corner facade containing a primary building entrance may be curved or angled toward an intersection.

D. Additional height. Additional height will be permitted in the commercial development standards for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of 60 feet. Additional height exceeding 60 feet may be permitted by special exception as granted by the zoning board of adjustment, based on the purpose and intent of this section and the public's best interest. Additional height shall only be granted if the applicant can provide adequate fire protection.

E. Building form.

1. The minimum area of a single floor shall be 2,500 square feet. The maximum area allowed for a single floor shall be 6,000 square feet. Any building which exceeds this size shall require a special exception. The maximum length for any building wall shall be 80 feet. Maximum building coverage as a percentage of lot area - 40 percent.

2. All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top.

3. Facades shall meet the following minimum standards for articulation: Horizontal articulation—No building wall shall extend for a distance equal to three times the wall's height without having an offset of 25 percent of the wall's height, and that new plane shall extend for a distance equal to at least 25 percent of the maximum length of the first plane. Vertical articulation—No horizontal wall shall extend for a distance greater than three times the height of the wall without changing height by a minimum of 25 percent of the wall's height.

4. Buildings which are located on axis with a terminating street or at the intersection of streets shall be considered a feature building. Such buildings shall be designed with features which take advantage of that location, such as an accentuated entry and a unique building articulation which is offset from the front wall planes and goes above the main building eave or parapet line.

F. Architectural features.

1. All buildings shall be designed to incorporate no less than six of the architectural elements displayed on all sides of the building from the list below:

a. Recesses/projections;

b. Arcades;

c. Peaked roof forms including gables or irregular shaped roofs;

d. Arches;

e. Outdoor patios;

f. Display windows or bay windows;

g. Architectural details (such as tile work and moldings) integrated into the building facade;

h. Articulated ground floor levels or base;

i. Articulated cornice line;

j. Integrated planters or wing walls that incorporate landscape and sitting areas;

k. Offsets, reveals or projecting rib used to express architectural or structural bays;

l. Decorative beams and braces;

m. Decorative columns;

n. Varied roof heights;

o. Or other architectural features approved by the planning and zoning commission.

2. All retail/commercial buildings shall be architecturally finished on all four sides with same materials, detailing and features.

3. All buildings within a common retail/commercial development, as shown on a concept plan or site plan, shall have similar architectural styles, materials and colors. Conceptual facade plans and sample boards shall be submitted with the site plan application. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development. Facade plans will be used only to ensure minimum standards are met.

4. Corporate identities that conflict with the building design criteria shall be reviewed as a variance as defined in this ordinance and reviewed on a case-by-case basis by the planning and zoning commission and approved by the city council.

5. Windows shall have at least a four-inch reveal and except for retail at grade, shall be vertical in proportion.

6. No glass curtain wall shall be permitted except by approval of a special exception.

7. Windows shall have a maximum exterior visible reflectivity of 20 percent. Color of glass shall be reviewed and approved by the planning and zoning commission.

8. Each building and separate lease space at grade along the street edge shall have a functioning primary entry from the sidewalk. Such entries may be inset from the front building plane and must have a protective covering. Secondary entries may be covered as little as three feet. Functioning entries must be located no greater than 30 feet apart. Corner entries may count as a primary entry for both intersecting street frontages.

9. Architectural elements of the primary building facade may encroach beyond the build-to line by up to five feet provided that pedestrian flow will not be significantly impeded, with a minor waiver. These elements may include porches, bay windows, eaves and planters. Balconies, canopies and awnings are not limited in their encroachment, provided that they do not substantially interfere with pedestrian movement and street tree growth.

G. External facade materials. The following shall apply to all exterior walls of buildings which are clearly visible from a public street, walkway or open space:

1. Ground floor exterior walls, excluding windows, doors, and other openings, shall be constructed of 100 percent brick, natural or cast stone on the exterior facade.

2. Overall, a minimum of 85 percent of exterior walls shall be constructed of brick, natural or cast stone. Where such a wall turns a corner, the surface materials shall continue around the corner a minimum of eight feet.

3. The remainder may be constructed of noncombustible materials including exterior cementatious stucco. Cementatious stucco shall be used only for walls, architectural features, and embellishments not subject to pedestrian contact. Other allowed materials: Exterior grade lumber, aluminum and cementitious siding.

4. Unpainted metal, or metal subject to ordinary rusting shall not be used as a building material. Factory finished metal elements as well as metals that develop an attractive oxidized finish, such as copper, galvanized metal, stainless steel or weathering steel, may be used as architectural accents by minor waiver approval.

5. Windows and glazing shall be a maximum of 30 percent of each building elevation.

6. A variation of up to 15 percent of the standards above, and the material type may be approved by administrative approval of a minor waiver; provided that the change will result in an improved architectural design without degrading the quality of public areas or increasing the need for maintenance.

H. External facade color. All colors shall match the major material used for the exterior facade or shall be approved by the planning and zoning commission.

I. Roof design standards.

1. Rooftop mechanical equipment and other appurtenances must be properly screened.

2. All structures shall be constructed with either a pitched or mansard roof system, enclosed on all sides.

3. Standing seam metal roofs shall be constructed of a factory-treated matte finish. Roofs with lapped seam construction, bituminous built-up roofs, and flat, membrane-type roofs shall be prohibited.

J. Building setback. Awnings may encroach above the public sidewalk without limit, provided they leave a minimum clearance of seven and one-half feet above the sidewalk, and are set back a minimum of 18 inches from the back of curb and will not impede street tree growth.

K. Off-street parking and loading requirements.

1. Off-street parking and loading requirements shall be required as provided for parking and drive spaces in section 6-7, Off-street parking and loading requirements.

2. No more than one row of angled or parallel parking shall be allowed between the primary building and the street right-of-way.

3. Cross access easements shall be required by the city council at the time of platting but shall be indicated on the site plan to ensure access to future median breaks and to reduce the number of needed curb cuts.

L. Landscaping requirements.

1. Landscaping requirements shall be required and must meet the applicable regulations as provided by section 6-8, Landscaping requirements.

2. The buffer strip shall be a minimum of ten feet wide and include a "built-up" berm and/or shrubbery or a combination of both along the entire length of the subject property's frontage. The minimum required height of the aforementioned berm and/or shrubbery or a combination thereof is 30 inches and shall not exceed a maximum height of 48 inches.

M. Sign requirements.

1. All permanent freestanding signs located in the commercial development standards shall be monument signs adhering to the City of McLendon-Chisholm Sign Ordinance as heretofore amended and as may be amended in future. Building materials and colors utilized for construction of the monument base shall be the same as the primary building materials and colors found on the main building, unless otherwise approved by the city council. Approval of any variance to the sign ordinance for property included in the commercial development standards shall require city council approval by a majority vote. Where the following standards conflict with the city standards, these requirements shall prevail.

2. Monument sign standards.

a. General: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance.

b. Minimum letter/logo height: The minimum height allowed for letters or logos shall be six inches.

c. Maximum height: Five feet, excluding monument base. The monument base be an additional 18 inches height measured from ground level at center of the base to top of the base. The overall height of the sign including the base shall not exceed six feet.

d. Maximum area: One hundred square feet per sign with a maximum area per sign face of 50 square feet. The maximum area for the sign structure shall not exceed 70 square feet per side.

e. Number of signs: Only one monument sign, excluding menu board signs, shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. Monument signs may be no closer than 500 feet on any one site.

f. Minimum setback: Fifteen feet from any property line.

g. Material requirements: All monument sign bases shall be constructed of the same masonry material as the front building facade on the same site. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure.

h. Illumination: Monument signs may only be illuminated utilizing lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from public rights-of way.

3. Building signable area. Signs may be placed on the building within an area on the facade of a building below the roof line which is free of windows, doors or major architectural details and not higher than the lowest of the following: Twenty-five feet above the adjoining sidewalks, or the bottom window sills of the second story or the highest part of the building between the head of the top story window and the underside of the roof.

a. Wall signs: Signs mounted directly on a building wall. May not project from wall more than eight inches and shall cover no more than 40 percent of the signable area. Signs shall not obscure architectural features or detail.

b. Applied letter signs: Individual letters applied directly to building facade that shall not cover more than 40 percent of the signable area.

c. Restaurant menu sign: A small menu often placed in a glass front box and externally illuminated. Placed at restaurant's primary entrance and shall not exceed six square feet.

d. Projecting signs: Sign extends from facade (perpendicular) and shall not exceed above the roof eaves or parapet wall. Maximum area: Thirty square feet; minimum height: Seven feet above grade. Sign shall not project more than five feet from facade.

e. Window sign: Sign painted (not applied) on a window and shall not cover more than 25 percent of the window.

f. Awning signs: Sign with letters/logo painted, silk screened or stitched directly on the vertical face of an awning. The sign shall not cover more than 35 percent of the awning.

g. Facade-painted signs: Sign painted directly on the building facade that covers no more than 40 percent of the signable area.

4. Sign design and placement shall conform to the following:

a. Wood, glass, metal (or an appropriate synthetic material that approximates the appearance of wood, glass or metal) are the only permitted materials.

b. The material's ability to maintain an acceptable appearance over time shall be a consideration in determining the appropriateness of synthetic materials.

c. Signs shall not obscure key architectural features.

d. Signs shall be limited to on-premises signs related to the use or business conducted on the same site.

e. Marquee type signs for announcements of activities taking place at the location are prohibited (exceptions: Theatres, churches, schools and institutional uses).

f. No billboards/off-premises signs shall be permitted.

g. Multiple uses on a single property may share signs, but collectively shall not exceed the sizes specified herein.

h. Signs for multiple businesses on a single property shall be of similar material and design.

i. Abandoned signs and sign posts shall be removed.

j. Temporary signs shall not exceed nine square feet.

k. Advertising signs shall not be permitted in windows with the exception of those not exceeding 60 square inches, of which a maximum of five are permitted.

5. The illumination of signs shall comply with the following:

a. Signs shall be illuminated externally using spotlighting.

b. Spotlighting shall completely shield all light sources; light should be contained primarily within the sign frame.

c. Neon signs with color are permitted (no white neon lighting), but flashing signs are not.

N. Outdoor lighting requirements. Outdoor lighting requirements shall be provided as required by section 6-12, Outdoor lighting requirements.

O. Open storage. Open storage is prohibited.

P. Refuse facilities.

1. All refuse facilities shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six feet, nor more than eight feet in height or by an enclosure within a building.

2. Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.

3. The width of the front gate opening of the refuse container enclosure shall provide at least two feet of clearance on both sides of the refuse container.

4. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.

5. Repair to damaged walls and gates shall be effected within 30 days of notification of such damage.

Q. Conversion of residential structures. All residential structures located within the commercial development standards may be used as commercial or residential uses in accordance with the following conditions:

1. The residential structure is not altered such that the bathrooms, kitchen, and garage facilities are removed or rendered unusable for a residential structure.

2. The natural groundcover in the front, side, or rear yards is not removed or paved with a permanent surface as to render it unusable for typical residential purposes.

3. Any and all signage shall be monument or nameplate type signs. In the event that the use of the structure shall change from commercial to residential, all nonresidential signage shall be removed and the original groundcover shall be returned to the original condition existing prior to placement of the sign.

R. Concurrent use of commercial and residential structures. All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:

1. Only one residential unit, regardless of square footage of the residential use, may be permitted per commercial structure, except that more than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed 60 percent of the total square footage of the structure.

S. Existing residential uses. All legal and valid residential uses existing on the effective date of this ordinance within districts subject to these standards shall have legal nonconforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand or remodel. All expansions or remodels shall comply with the provisions of these standards.

T. Design standards. New construction within the commercial districts shall be subject to these commercial development standards adopted and as may be amended by the city.

U. Site plan approval required. Any new construction or modification of more than 50 percent of an existing structure shall require a site plan be submitted and approved by the city council upon recommendation by the planning and zoning commission.

V. Conflicting provisions. To the extent that any provision in this section or any of the standards imposed in this section conflict with any other provision of the comprehensive zoning ordinance, then these standards will prevail.

As used in this section, "minor waiver" is a waiver granted by the city's mayor or designee, without the necessity of board of adjustment approval, planning commission review or recommendation or city council approval.

(Ord. No. 2011-06, § 1, 10-11-2011)