Division 59 C 15: Commercial / Residential Use District (CR) and Density Zones (T, C & R)
Division 59 C 15: Commercial / Residential Use District (CR) and Density Zones (T, C & R)
Division 59‐C‐15 Commercial / Residential Use District (CR) and Density Zones
(T, C & R)
Subject Section
District Description 59.1
District and Zones 59.2
Allowed Uses and Conditions 59.3
Use Qualifications 59.4
Density 59.5
Development Standards 59.6
59.1 District Description
The CR district permits commercial and mixed use. The goals of CR zoning are to:
1. Implement the goals and objectives of applicable master plans and sector plans.
2. Provide opportunities for the redevelopment of strip malls and surface parking lots as
sustainable mixed uses.
3. Provide for a range of densities to achieve a balance of “jobs to housing”, which will vary
between areas.
4. Increase the supply of housing and affordable housing.
5. Better define public spaces for pedestrian activities and safety.
6. Provide neighborhoods with enhanced service amenities and options for mobility.
7. Define public amenities and benefits for which density bonuses may be granted.
59.2 Use District
The CR, Commercial Residential district is intended to promote a mix of commercial and
residential uses at varying densities to provide more sustainable environments where people
can live, work and find services and amenities while minimizing automobile use. This approach
applies equally to any commercial area, where our impact on the environment can be reduced
by placing housing closer to jobs and services.
The CR district can be combined with a range of density limits for the total floor area of a
building, as well as limits on the non‐residential floor area and the residential floor area. The
symbols used for limiting the FAR are set out in section 59.4.
59.3 Allowed Uses and Conditions
3.1 Uses
Uses are allowed in the CR district as set out in the following table.
i. The letter “P” indicates the use is permitted by‐right.
ii. The letter “C” followed by a number means the use is permitted provided the conditions
referenced by the number are met.
iii. The letters “SE” mean the use may be allowed if it meets the special exception referred to.
All uses are subject to any applicable standards in this zoning code.
Permitted Uses
Use Group Use Qualifications Standards Accessory
COMMERCIAL/RESIDENTIAL ZONE (CR)
P= permitted C=conditional SE= special exception special exception
reference
AGRICULTURAL
Seasonal sales P
Farmer’s market P
Nursery, horticultural, wholesale or retail P
RESIDENTIAL
Dwelling units
Accessory apartment P
Live/work space P
Dwelling, one‐family detached P
Dwelling, two‐unit P Duplex or semi‐
detached
Dwelling, townhouse P
Dwelling, multi‐family P
Single room occupancy P
Group living
Assisted living P
Group home P
Life care facility P
Temporary overnight shelter P
INSTITUTIONAL & CIVIC
Arts, cultural, entertainment P
Charitable or service organizations P
Cultural exhibits, museums, libraries P
Day care facilities
Resident operated P
Other than a residence P
Hospital P
Nursing homes C 1
Private clubs P
Religious institutions P
Schools
Public and private schools, colleges and P
universities, trade schools
COMMERCIAL
Adult entertainment business
Animal services P
Artist work or sales space Need this?
Building maintenance services
Building material and supply store
Business equipment sales and service
Business support service
Communication service establishments
Communication facilities or structures P/SE
Roof‐top mounted antennas and related P
equipment
Conference centers
Construction sales and service
Eating and drinking establishment
Entertainment and spectator sports
Farm equipment sales and service
Funeral and interment service
Cemetery SE
Undertaking and funeral homes C
Gas stations SE
Health care services P
Home occupations Research to simplify
No impact P
Type 1 – permitted C
Type 2 ‐ restricted SE
Landscape contractor Research
Laundry or repair service
Lodging Research all lodgings
Bed and breakfast C
Country inn SE
Hotel/motel P
Offices P
Parking, non‐accessory
Recreational facility, commercial
Amusement arcades
Indoor SE
Outdoor SE
Research, development and related activities P
Retail sales and service P
Self‐storage facility C
Vehicle sales and service
Auto supply/accessory sales
Car wash or cleaning service
Heavy equipment sales/rental
equipment sales/rental, indoor (auto,
motorcycle, boat)
Motor vehicle repair shop, minor
Motor vehicle repair shop with body work,
painting, commercial vehicle repairs
INDUSTRIAL
Manufacturing and production
Artisan
Limited
Wholesale sales
Waste‐related
Class I
Class II
Industrial service
Warehousing and freight movement
OTHER
Utilities
Public utility buildings and structures SE
Telecommunication facilities
Co‐located P
Freestanding SE
Transportation facilities or structures
Bus terminal P
Helipad/heliport SE
3.2 Use Conditions
1. nursing home condition …..
59.4 Density
4.1 Density Zones
The Commercial / Residential use district, the density zones and their identifying symbols, work
in combination. For example, the combination of the following designation “CR T2.0 C1.5 R1.0”
means:
CR indicates the district is a commercial / residential district
T2.0 is the total density allowed (2.0 FAR) for any use or combination of uses
C1.5 is the total commercial density allowed (1.5 FAR)
R1.0 is the total residential density allowed (1.0 FAR).
Where the FAR indicated by T symbol is greater than either the non‐residential FAR or the
residential FAR indicated by either the C and R symbol respectively, some mixing of uses is
necessary in order to achieve the full FAR identified by the T symbol.
The various symbols are as follows.
Commercial / Residential district CR
total floor area T0.5, T1.0, T2.0, T3.0, T3.5, T4.0
non‐residential floor area C0.25, C0.5, C0.75, C1.0, C1.5, C2.0, C2.5, C3.5,
C4.0
residential floor area R0.25, R0.5, R0.75, R1.0, R1.5, R2.0, R2.25, R2.5,
R3.0, R3.5
4.2 Conversion Table
1. The following table establishes the conversion of zones existing prior to enactment of this
ordinance. All zones will conform to the Allowed Uses for the CR District in section 4,
below.
Prior Zoning Designation
RH,
RMX‐2
CT, C1, & 3,
R10, C3, C4, MXTC, C2, HM, TOMX, CO, TSM,
C5, C6 RMX‐1 CBD‐0.5 CBD‐R1 CBD‐1 CBD‐R2 CBD‐2 TSR CBD‐3
Commercial Residential District
Zone Zone Zone Zone Zone Zone Zone Zone Zone
CR0.5 CR1 CR1 CR2 CR2 CR3 CR3 CR4 CR4
0.25/0.25 0.5/0.75 0.75/0.5 1/1.5 1.5/1 2/2.5 2.5/2 2.5/3.5 3.5/3
T0.5 T1 T1 T2 T2 T3 T3 T4 T4
C0.25 C0.5 C0.75 C1 C1.5 C2 C2.5 C2.5 C3.5
R0.25 R0.75 R0.5 R1.5 R1 R2.5 R2 R3.5 R3
4.3 Maximum Total Floor Area
A building erected on a lot in a CR district shall not exceed the following floor area limits for the
zone in which the lot is shown on the maps in section 59‐C‐15‐___:
1. A combined non‐residential floor area and residential floor area equal to the lot area
multiplied by the number following the symbol T as shown on the maps.
2. A non residential floor area equal to the lot area multiplied by the number following the
symbol C as shown on the maps.
3. A residential floor area equal to the lot area multiplied by the number following the symbol
R as shown on the maps.
4.4 Existing Buildings and Uses ‐ Saving Provision
1. A lawfully existing building or structure and the use therein, which predates the applicable
sectional map amendment, may continue and be renovated or enlarged up to 10 percent
above the total floor area or 7,500 square feet, whichever is less. A larger addition requires
compliance with the provisions of a CR district.
2. A project in either a TS‐R and TS‐M zone may proceed provided the development plan was
approved prior to the applicable sectional map amendment. Any increase in floor area
above the approved amount means the entire project is subject to the CR district standards.
3. A project subject to a preliminary plan approved prior the applicable sectional map
amendment, may be built or altered at any time subject to either the standards of the
previous zone or the CR district.
4.5 Dwelling Unit Mix and Size
A mixed use building or residential building with more than 20 dwelling units must provide:
i. a minimum percentage of unit types, rounded to the next higher number of units, as
follows:
10 percent as efficiency dwelling units
10 percent as one bedroom dwelling units
10 percent as two bedroom dwelling units
7.5 percent as three bedroom dwelling units; and
ii. the average floor area of the dwelling units measured from the exterior walls shall be at
least 750 square feet.
4.6 Required Amenities and Floor Area Exemptions
Any floor area required to be provided for the amenities set out in the following table, shall be
excluded from any floor area limit calculation. Each amenity is subject to the requirements
listed.
Floor Area Exemption
Type of Amenity Space Requirements
bicycle parking spaces s. 4.6.1
moderately priced dwelling units s. 4.6.2
shower – change facility s. 4.6.1
workforce housing units s. 4.6.3
4.6.1 Bicycle Parking and Showers
A building in a CR district must contain bicycle parking spaces and shower – change facilities on
the same lot subject to the following requirements.
1. The number of bicycle parking spaces and shower – change facilities shall be determined
according to the requirements in the following table.
Bicycle Parking and Shower Facilities
Use Requirement
Residential
in a building containing 20 or more 0.5 bicycle parking spaces for each dwelling unit,
dwelling units, other than in a senior rounded up, to a maximum of 100 bicycle parking
citizens building spaces
Non‐Residential
buildings where the combined
non‐residential floor area is:
i. 10,000 square feet or greater one bicycle parking space for every 10,000 square
feet of non‐residential floor area, rounded up,
exclusive of any floor area used for parking
or loading facilities
ii. 100,000 square feet or greater 1 shower – change facility for each gender
2. Bicycle parking spaces may not be provided in a dwelling unit or on a balcony.
4.6.2 Moderately Priced Dwelling Units – Residential Buildings
A building with 20 or more dwelling units must provide 12.5 percent of the units as moderately
priced dwelling units.
4.6.3 Workforce Housing
A building with 35 or more market rate dwelling units must include workforce housing units
where:
i. any part of the subject lot is located within a metrostation policy area;
ii. the minimum number of workforce housing units will equal 10 percent of the total
number of market rate dwelling units; and
iii. any moderately priced dwelling units or dwelling units excluded under Chapter 25B, are
not included.
4.6.4 Non‐Residential Floor Area Requirement – Moderately Priced Dwelling Units and
Workforce Housing
Any building with over 35,000 square feet of non‐residential floor area must provide a
contribution of land or funding to a housing builder to construct housing, or make a payment
in‐lieu fee to the Housing Initiative Fund or a combination of either option, as set out below.
Contribution to the Housing Initiative Fund
1. A fee equal to the product of one of the formulas set out below applicable to the use of the
bonus floor area, paid into the housing initiative fund where the bonus non‐residential floor
area for the specific use is multiplied by the corresponding fee.
Non‐Residential FAR – Affordable Housing Fee
Use of the Non‐Residential Required Affordable
Floor area in Square Feet Housing Fee
hotel square feet x $XXXX = total fee
office space square feet x $yyyyy = total fee
research and development square feet x $ zzzzz = total fee
retail space square feet x $ vvvvv = total fee
Contribution to a Housing Builder
2. The fee calculated in paragraph 1 above, or land of equal value, is transferred to one or
more housing builders and they are required to construct a minimum number of
moderately priced dwelling units and / or workforce housing units, equal to the product of
one of the formulas set out below applicable to the use of the bonus floor area.
Non‐Residential FAR – Housing Builder Contribution
Use of the Non‐ Required Number of Affordable
Residential Floor area Dwelling Units to be Built
in Square Feet
hotel square feet x .00011 = number of dwelling units
office square feet x .00027 = number of dwelling units
research and development square feet x .0002 = number of dwelling units
retail space square feet x .00014 = number of dwelling units
Combination ‐ Payment In‐Lieu and Payment to a Housing Builder
3. The options set out in paragraphs 1 through 3 may be combined where the number of
moderately priced dwelling units and workforce housing units required to be built is
reduced by the amount of square feet for which a payment in‐lieu is made under
paragraph 1.
General
4. The dwelling units built under this section 4.6.4 must be either moderately priced dwelling
units or workforce housing units for a minimum period of 99 years and the proportion of
moderately priced dwelling units shall not be less than 12.5 percent.
4.6.5 Affordable Housing Floor Area – Exemption and Distribution
Any residential floor area used for moderately priced dwelling units or workforce housing units
required in s. 4.6.1 through 4.6.4:
i. does not count toward the permitted floor area limits;
ii. is not included in calculating a floor area bonus for the same purpose in s. 4.4 of this
section; and
iii. is reasonably distributed within the project.
4.6.5 Height Exemption
Building heights may exceed limits recommended in the appropriate master or sector plan, if
the Planning Board finds that the increase in height is compatible with other existing or planned
development in the vicinity and is necessary in order to include the required moderately priced
dwelling units.
4.7 Density Bonus
The Planning Board may approve a density bonus in a CR district for projects that provide
additional public facilities, amenities or benefits, listed in this section and subject to the
regulations set out for each. Facilities, amenities and benefits may be combined in any number.
4.7.1 Purpose
Density bonuses allowed in a CR district may be granted if the Planning Board finds they will
further the goals of applicable master plans and sector plans and one or more of the following
objectives.
1. Both public space and opportunities to improve the health of the public are enhanced.
2. The supply of affordable housing is increased.
3. The range of housing options is broadened.
4. Mobility options improve.
5. Both the environment and energy sustainability of the community is enhanced.
6. The quality of building design is advanced.
4.7.2 Bonus Options
The floor area limits set out on the maps in s. 59‐C‐15‐______ may be exceeded on a lot in a CR
district, upon approval by the Planning Board, provided:
i. the additional floor area includes one or more of the public amenities set out in the
table below;
ii. where any bonus exceeds 0.3 FAR for non‐residential floor area, moderately priced
dwelling units and / or workforce housing units must be provided at the ratio outlined in
s. 4.7.3.9;
iii. building lot termination easements are required for any bonus floor area as set out in s.
4.7.3.1;
ii. the corresponding requirements are met; and
iii. in no case shall the bonus floor area exceed:
a. where the lot is in a low density CR district, an additional 0.5 FAR;
b. where the lot is in a medium density CR district, an additional 1.0 FAR; and
c. where the lot is in a high density CR district, an additional 3.0 FAR.
Bonus Floor Area Options
Public Amenity Maximum Floor Area Increase Standards
Reference
building lot 12.5 % of the bonus floor area s. 4.7.3.1
termination
community 0.3 FAR or the non‐residential floor s. 4.7.3.2
connectivity floor area of the pedestrian retail uses,
whichever is less
community services 0.5 FAR or the two times the non‐ s. 4.7.3.3
and facilities residential floor area of the community
service and facility, whichever is less
day care 0.1 FAR or twice the floor area of the day s. 4.7.3.4
care, whichever is less
floor plate size 0.2 FAR or two extra floors, whichever is less s. 4.7.3.5
green roof 0.2 FAR or an amount of bonus floor area s. 4.7.3.6
= (green roof area / lot area) X 0.30 X base FAR
whichever is less
4.7.3.1 Building Lot Termination
Any building with bonus floor area must provide for building lot termination easements if
required under an approved master or sector plan, as set out in the following standards.
1. Residential development within a metrostation policy area where workforce housing is
provided is exempt from providing building lot termination easements.
2. The applicant is required to purchase a building lot termination easement or make a
contribution to the Agricultural Land Preservation Fund under Chapter 2B, equal to 12.5
percent of the non‐residential floor area and / or residential floor area or any combination.
One building lot termination is required for:
i. every 7,500 square feet of bonus residential floor area: and
ii. every 9,000 square feet of bonus non‐residential floor area.
3. Where an easement cannot be purchased or the amount of bonus floor area attributed to a
building lot termination easement is a fraction of the floor area equivalent, the applicant is
required to make a contribution to the Agricultural Land Preservation Fund an amount
equal to the rate set annually by Executive Regulation.
4.7.3.2 Community Connectivity
A building that enhances community connectivity by providing pedestrian retail uses is eligible
for a floor area bonus provided it meets the following standards.
1. The pedestrian retail uses are located on a lot within 0.5 miles of either:
i. a transit station, existing or included in an approved master or sector plan; or
ii. an existing residential neighborhood of a minimum of 30 units per acre;
with pedestrian access to either or both, measured from the main building entrance.
2. Within the 0.5 mile radius there is pedestrian access between the main building entrance
and a ten or more pedestrian retail uses, existing and / or included as part of the
development and not more than five of any one use defined as pedestrian retail uses is
counted in the ten.
3. No parking spaces, drive through facility or drive aisle, is located in front of the main front
wall of a building and neither are visible from the street.
4. Any building containing the pedestrian retail uses is located at the front lot line and in the
case of a corner lot, at the side lot line facing the flanking street, unless a site plan is
approved by the Planning Board that varies the setback.
6. A minimum of 50 percent of the pedestrian retail uses shall have a non‐residential floor area
of less than 5,000 square feet, for a period of at least six years after the occupancy permit is
issued for the space.
7. The non‐residential floor area of any existing business under 10,000 square feet, retained or
provided in the redevelopment, will be exempted from a FAR limit up to twice the non‐
residential floor area occupied by such business, provided the maximum floor area bonus
does not exceed the cap set out in the floor area bonus table.
4.7.3.3 Community Services and Facilities
Community services and facilities help meet the needs of residents and workers and are eligible
for a floor area bonus provided they meet the following standards.
1. They are listed in the appropriate master or sector plan;
2. They are in addition to any basic requirement of this Code.
3. The entrance to the community services and facilities is on a street.
4. A building used for the community services and facilities is located at the front lot line and in
the case of a corner lot, at the side lot line facing the flanking street, unless a site plan
application is approved by the Planning Board that varies the setback.
4.7.3.4 Day Care
A day care is eligible for a floor area bonus provided it meets the following standards.
1. A safe drop off location is provided on site.
2. A minimum of 40 percent of the available space in the day care is available to the general
public.
4.7.3.5 Floor Plate Size
A project may be eligible for a floor area bonus of up to two additional floors above a height
limit recommended in a master or sector plan or set out in this Code, provided it meets the
following standards.
1. The Planning Board finds that the additional height is compatible with existing or planned
uses on adjacent property and the neighborhood.
2. The floor area of any floor above a height of 120 feet does not exceed:
i. 10,000 square feet for residential floor area;
ii. 17,000 square feet for non‐residential floor area; and
iii. 12,000 square feet for a floor that has both residential floor area and non‐residential
floor area, provided that not more than 60 per cent of that floor is used for either type
of floor area.
3. The exterior of the building facing a street or public outdoor space has a minimum of 65
percent glass.
4.7.3.6 Green Roof or Green Walls
A green roof or green wall is eligible for a floor area bonus provided they meet the applicable
following standards.
1. The green roof must cover a minimum of 50 per cent of the area of the roof of the building,
excluding any space occupied by mechanical equipment.
2. The green wall is designed, installed and maintained to cover a minimum of 30 percent of
the area of a blank wall and the Planning Board finds that the green wall will add to the
design and sustainability of the project.
3. The vegetation must be maintained for the life of the building and the County may gain
access to inspect, install and or maintain the vegetation at the expense of the owners.
4.7.3.7 Heritage Building
A heritage building is eligible for a floor area bonus provided a preservation plan for the
heritage building is approved by the Historic Preservation Commission.
4.7.3.8 LEED Gold
A LEED gold building is eligible for a floor area bonus provided it meets any continuing
requirements necessary to maintain that status.
4.7.3.9 Moderately Priced Dwelling Units & Workforce Housing Units
Additional floor area for either residential or non‐residential uses can be considered as a public
benefit when a percentage of the additional dwelling units or non‐residential floor area includes
affordable housing either as moderately priced dwelling units or workforce housing units.
The bonus floor area is exempt from the permitted floor area totals provided the following
standards are met.
Residential Floor Area Bonus Standards
1. The bonus residential floor area set out in Column A below is exempt from the permitted
floor area as long as the number of dwelling units provided in that floor area, includes
moderately priced dwelling units and workforce housing units equal to the percentages set
out in Columns B and C.
Bonus Residential FAR – Required Affordable Housing
Column A Column B Column C
Bonus Residential Floor Percentage of Dwelling Units Minimum Percentage of
Area as an FAR in the Bonus Floor Area Required Dwelling Units Required to
to be Moderately Priced Dwelling be Moderately Priced
Units or Workforce Housing Dwelling Units
0.1 FAR 23 % 12.6 %
0.2 FAR 26 % 12.7 %
0.3 FAR 29 % 12.8 %
0.4 FAR 32 % 12.9 %
0.5 FAR 35 % 13.0 %
0.6 FAR 38 % 13.1 %
0.7 FAR 41 % 13.2 %
0.8 FAR 44 % 13.3 %
0.9 FAR 47 % 13.4 %
1.0 FAR 50 % 13.5 %
2. Both the moderately priced dwelling units and the workforce housing units are reasonably
distributed within the project.
Non‐Residential Floor Area Bonus Standards
3. If any combination of bonus non‐residential floor area exceeds 0.3 FAR, the applicant is
required to make a contribution of land or funding to a housing builder to construct
housing, or makes a payment in‐lieu fee to the Housing Initiative Fund or a combination of
either option, as set out below, applied to the amount of non‐residential floor area above
the 0.3 FAR bonus.
Contribution to the Housing Initiative Fund
i. A fee equal to the product of one of the formulas set out below applicable to the use of
the bonus floor area, paid into the housing initiative fund where the bonus non‐
residential floor area is multiplied by the corresponding fee.
Bonus Non‐Residential FAR – Affordable Housing Fee
Use of the Bonus Non‐ Required Affordable
Residential Floor area Housing Fee
hotel x $_____ = total fee
office space x $_____ = total fee
research and development x $ ____ = total fee
retail space x $ _____ = total fee
Contribution to a Housing Builder
ii. The fee calculated in subparagraph (i) above, or land of equal value, is transferred to
one or more housing builders and they are required to construct a minimum number of
dwelling units equal to the product of one of the formulas set out below applicable to
the use of the bonus floor area.
Bonus Non‐Residential FAR – Housing Builder Contribution
Use of the Bonus Non‐ Required Number of Affordable
Residential Floor area Dwelling Units to be Built
hotel x .00011 = number of dwelling units
office x .00027 = number of dwelling units
research and development x .0002 = number of dwelling units
retail space x .00014 = number of dwelling units
iii. Any dwelling units built under this section must be either moderately priced dwelling
units or workforce housing units for a minimum period of 99 years and the proportion of
moderately priced dwelling units shall not be less than 12.5 percent.
Combination ‐ Payment In‐Lieu and Payment to a Housing Builder
iv. The options set out in clauses (i) through (iii) above may be combined where the
number of dwelling units required to be built is reduced by the amount of square feet
for which a payment in‐lieu is made under clause (i).
4.7.3.10 On Site Energy Production
Any building equipped for on‐site energy production is eligible for a floor area bonus provided it
meets the following standards.
1. The on‐site energy production is not included in the LEED gold floor area bonus.
2. The on‐site energy production continues for a minimum of 30 years.
4.7.3.11 Pedestrian Walkway
Through block connections enhance pedestrian mobility and help to create interesting spaces,
particularly on larger blocks. An indoor pedestrian walkway is eligible for a floor area bonus if it
meets the following standards.
1. The pedestrian walkway provides direct access between parks, public buildings and
facilities, publicly accessible spaces, transit facilities and at least one street.
2. The minimum width of the pedestrian walkway shall be 20 feet.
3. A minimum of 70 percent of the walls facing the interior pedestrian walkway below a height
of eight feet must have clear unobstructed glazing for a minimum of 65 percent of its length
and be fronted with active pedestrian retail uses for the same percentage of frontage.
4. The pedestrian walkway must be open to the public at a minimum between 8:00 a.m. and
7:00 p.m. and where it leads to a transit facility, for the hours of operation of the transit
served.
5. Retail uses fronting both a pedestrian walkway and a street, shall maintain operable doors
from both.
4.7.3.12 Plazas
Plazas are an important public amenity and create interesting spaces and active gathering
areas. Any plaza for which a floor area bonus is provided, must meet the following standards.
1. The plaza is directly accessible to a street.
2. The minimum width of the plaza shall be 50 feet.
3. The plaza must be open to the public at a minimum between 8:00 a.m. and 9:00 p.m.
4. Where the plaza is provided as part of a redevelopment, buildings facing the plaza must be
designed so that:
i. the walls of any non‐residential floor area facing the plaza must have a minimum of 70
percent glazing below a height of four floors; and
ii. the main entry to any dwelling units is from a wall facing the plaza.
5. No loading or parking facilities should be visible below a height of the fourth floor.
6. The plaza must be in addition to any common outdoor space required in s. 6.2 or other
minimum open space requirement of this Code.
4.7.3.13 Street Improvements
Streetscape improvements enhance the pedestrian experience and better connect buildings to
the public spaces. A floor area bonus for streetscape improvements must meet the following
standards.
1. The Planning Board makes a finding as part of an approved site plan that the streetscape
improvements are in excess of current standards currently required as part of the
development process.
2. The improvements must be located within 2,500 feet of the subject site.
3. The improvements may include any of the following elements and plans submitted as part
of the site plan application process should detail these elements.
special surface treatments such as pavers
enhanced street lighting including pedestrian scale lighting
sustainable landscaping treatment such as native plantings to capture storm water
public art in the publicly accessible areas
facilities for bicycles
energy saving or producing features such as the creative use of solar panels
creative signage to assist pedestrians in way finding
interactive media electronic display to engage pedestrians
sidewalk widening
4. The size of the floor area bonus is equal to the square foot value of the bonus that equals
the value of the streetscape improvements. The value of floor area bonus is determined by
the property values within one mile of the site averaged over the last five years, based on
the following formula.
the cost of 1 square foot of floor area for the subject use in the building = 80 % x the median
cost of land per buildable square foot
5. Applicants may make a cash contribution for the value of improvements to a County Agency
which will undertake the improvements.
4.7.3.14 Transit Access and Improvements
Transit access and improvements enhance the pedestrian experience and better connect transit
to the street. A floor area bonus for this purpose must meet the following standards.
1. The improvements must be part of an approved site plan.
2. The improvements must be located within 2,500 feet of the subject site or in the case of
mobile transit improvements, provide regular access for passengers to the transit station.
3. The improvements may include new access easements, connecting walkways, mezzanines
or concourse areas.
4.7.3.15 Transit Station Proximity
Uses located close to public transit help reduce vehicle miles travelled. A floor area bonus
provided for close proximity to a transit station is subject to the following requirements.
1. To qualify for this floor area bonus, the distance between the proposed development and the
transit station must be as follows.
Transit Station Proximity Floor Area Exemption
Type of Mixed Use Area Distance to the Transit Station
low density mixed use area 1,500 feet
medium density mixed use area 2,000 feet
high density mixed use area 2,600 feet
2. There is direct pedestrian access along a sidewalk or finished walkway between the proposed development
and the transit station.
4.7.4 Height Exemption
Building heights may exceed the limits recommended in the appropriate master or sector plan, if the
Planning Board finds that the increase in height is compatible with other existing or planned
development in the vicinity and is necessary in order to include any of the bonus floor area options set
out in section 4.7.2.
59.5 Development Standards
5.1 Setbacks
1. Side and Rear Yard and Windows on the Same Lot
A window of a dwelling unit (other than a window of a kitchen or bathroom) in a residential
building or the residential portion of a mixed use building in a CR district, cannot be closer than:
i. 17.5 feet to a lot line that is not a street line or that does not front a park;
ii. 35 feet to a window in a wall, other than a wall forming an angle of 90 degrees or
greater to each other on a horizontal plane.
2. Setback from a Residential District
The minimum setback for any building in a CR district from a lot line in a residential district shall
be:
i. 25 feet; and
ii. no part of the building shall project beyond a 45 degree angular plane projecting over
the lot measured at a height of 55 feet at the 25 foot setback, with the exception of
balconies, chimneys and railings.
3. Podium Level Setbacks
To be added
5.2 Pedestrian Priority Streets
5.2.1 Purpose & Criteria for Designation
The following regulations are intended to preserve and create pedestrian streets where retail
and service shops create animated building frontages along sidewalks with high levels of
pedestrian activity. The goal is to provide safe pedestrian oriented environments where
economic activity can evolve through increased pedestrian movement. Pedestrian priority
streets have the following characteristics.
i. minimal to no setback from the public sidewalk;
ii. curbside parking with no surface parking visible from the street;
iii. lots of display windows and entries generally parallel to the sidewalk providing
animation as well as lighting in the evening; and
iv. numerous shop entrances where active entries are not generally not more than 50 feet
apart.
5.2.2 Designation
Pedestrian priority streets are identified on the following map.
Insert a pedestrian priority street map by sector plan area
5.2.3 Building Standards
1. The standards of this subsection apply to any development on a lot fronting on a
pedestrian priority street as identified in s. 5.2.2.
2. Pedestrian priority uses must occupy a minimum of 65 percent of the aggregate length
of the portion of the frontage of the lot abutting the pedestrian priority street.
3. The building must be located within five feet of the public sidewalk.
4. A minimum of 60 percent of the building façade fronting the pedestrian priority street
between 3 feet and 9 feet in height above the adjacent sidewalk, must be windows that
allow views of the indoor space.
5. The primary entrance to a building fronting a pedestrian priority street must be facing
such street.
6.0 Amenity Space and Open Space
6.1 Residential Amenity Space
Any building containing 20 or more dwelling units on a lot in a CR district must provide
residential amenity space as set out in the following table.
Amenity Space Requirement
Type of Residential Amenity Space Amount of Residential Amenity Space
residential amenity space indoors in a 20 square feet of residential amenity space
multi‐purpose room or contiguous for each dwelling unit to a maximum area of
multi‐purpose rooms, at least one of which 5,000 square feet
contains a kitchen and a bathroom
residential amenity space located outdoors 20 square feet of residential amenity space
for each dwelling unit of which at least 400
square feet is to be provided in a location
adjoining or directly accessible from the
indoor residential amenity space
6.2 Common Outdoor Space
Any mixed use building or non‐residential building on a lot in a CR district having any frontage
exceeding 40 feet, must provide common outdoor space equal to the amount set out in the
following table.
Common Outdoor Space Requirement
Number of frontages of the lot Common Outdoor Space Requirement
exceeding 40 feet
one 1.5% of the non‐residential floor area in the building or
structure or 4.5% of the lot area, whichever is less
two 3.0% of the non‐residential floor area in the building or
structure or 9.0% of the lot area, whichever is less
three 4.5% of the non‐residential floor area in the building or
structure or 13.5% of the lot area, whichever is less
four or more 6.0% of the non‐residential floor area in the building or
structure or 18% of the lot area, whichever is less
6.3 Exemption
1. Moderately Priced Dwelling Units
The requirements in s. 6.1 shall not apply to moderately priced dwelling units except where the
Planning Board determines there is a shortage of recreation space within one half mile radius of
an application including these units and in any case, such units within a metropolitan policy
area are exempt from s. 6.1.
2. Workforce Housing
The requirements in s. 6.1 shall be reduced by 50 percent for workforce housing units where
there is a public park or other open space secured through agreement for public access, or such
units are located within a metropolitan policy area.
7.0 Height
Buildings in a CR district must comply with height limits recommended in a master or sector
plan except where the Planning Board has approved an increase in height above these limits in
order to achieve increases in floor area in exchange for public amenities as set out in this Code.
8.0 Parking and Loading
8.1 Parking Requirements
INSERT TABLE OF STANDARDS – include shared parking night / day; flex car reduction
8.2 Off‐ Site Parking
The parking requirements set out in paragraph 8.1 can be achieved either on the same lot as
the use for which the parking is provided, or in a permitted parking facility within 1,000 feet of
the such lot, provided it is not in a residential district.
8.3 Above Grade Parking
Any above grade parking must comply with the following requirements:
i. no part of any building or structure between grade and a height of 13 feet, that is used for
parking, excluding means of access, ma be built closer than 35 feet to a lot line that fronts
on a street; and
ii. the space between the parking and the lot line fronting the street, must be occupied with
an active use permitted in a CR district, other than a parking use.
8.4 Parking in Front of a Building
No parking in a CR district is allowed to be located in front of the main front wall of a building
and in addition, on a corner lot, in front of the sidewall.
9.0 Use Restrictions
9.1 Drive Through Services
A drive through access is permitted in a CR district provided:
i. no part of the driveway is located in front of the main front wall of a building and the side
wall of a building on a corner lot;
ii. the drive up service window is not visible from the street; and
iii. curb cuts to a street are kept to a minimum and the drive aisle is kept to a maximum width
of 20 feet for two way traffic and 10 feet for one way traffic.
10.0 Application Procedures
1 A site plan application is required in a CR district for any building or structure with a non‐
residential floor area or residential floor area or combination of each, greater than 10,000
square feet calculated as an aggregate of one or more buildings.
2. A project plan is required for any application requesting an increase in density per the
bonus density procedures and requirements of Section….
3. If multiple plans are required for any application, including a preliminary, site, and/or
project plan, they must be submitted concurrently.
4. The illustrative or non‐illustrative binding elements of any application approved by
development plan, schematic development plan, supplementary plan, or diagrammatic
plan must be amended per Article 59‐D.
5. The application requirements, bases of consideration, and findings of all applicable plans
reminds binding and in effect according to Chapters 50 and 59 except as modified by this
Section.
11.0 Area Regulations
White Flint
12.0 Mapping
The following maps define where the CR districts and the corresponding density limits apply.
These maps take precedence over the zones shown on the _________ (official name of the
zoning maps).