[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
The
Maryland Gateway Overlay Zoning District (hereinafter known in this
Article as the "MD" Overlay District) applies to properties along
the north and south sides of the Maryland Avenue corridor from the
western City limits, east, to the centerline of Brentwood Boulevard,
which are identified in the 2010 Master Plan Update and Retail Strategy.
The area encompassed in the Maryland Gateway Overlay Zoning District
is considered a gateway to downtown which gives the opportunity for
creating a memorable and representative entry to the core of the City
and is adjacent to the heart of commercial and service activities
in the City of Clayton. The Maryland Gateway District is intended
to maintain a walkable, pedestrian scale, human-focused corridor with
changes to the streetscape to reflect the urban character of downtown.
Much of this can be built upon the already strong presence of small
retail establishments on the north side of the street, which help
define the street edge and serve as a transition to adjacent residential
areas. The purpose is to create a lower density mixed use district
that provides an iconic gateway into downtown Clayton while respecting
the northern residential neighborhood and the civic uses to the south.
In order to maintain this area as "pedestrian friendly," structures
must be human in scale. Building mass, density and frontage variations
should create a visually attractive and inviting streetscape within
the urban context.
B.
The
purpose of these regulations is to foster appropriate use of existing
structures and enable compatible redevelopment, which serves the following
goals:
1.
Support and enhance existing retail development along Maryland Avenue
and promote structures that have sidewalk frontage suitable for smaller
retail and personal service activities.
2.
Stimulate designs that minimize scale and mass as perceived from
the sidewalk.
3.
Orient front doors and align buildings to address Maryland Avenue.
4.
Careful stepping of building height and regulation of uses to ensure
that adjacencies are appropriate and not overly abrupt.
5.
Encourage mixed use development, with ground level commercial retail
and upper level residential uses.
6.
Encourage a built environment that is friendly to the presence of
people living, shopping, visiting, enjoying or spending time in the
area.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
The Maryland Gateway Overlay Zoning District generally includes
those parcels fronting Maryland Avenue from the western City limit,
east to the centerline of Brentwood Boulevard.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
The regulations of the overlay district shall supersede or supplement,
as applicable, the regulations of the base zoning district. Where
a conflict exists between the regulations of the overlay districts
and the provisions of the base zoning district, the provisions of
the overlay district shall control, except for those properties governed
by the Special Development Zoning District (SDD), adopted by Ordinance
Number 4220, in which case the provisions of that ordinance shall
control.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
The
uses allowed are the same as in the base zoning district.
B.
For
purposes of this Article, "Mixed Use" shall be defined as follows:
Retail land uses coupled with residential, office or personal
service land uses inside a single structure or as part of a unified
development.
C.
In
addition to those uses allowed in the base zoning district, the following
uses will be allowed and use restrictions shall be adhered to as follows:
1.
All ground floor uses shall be retail or restaurant uses, but may
also include beauty salons, dry cleaning facilities and similar personal
care services. Financial institutions (banks, savings and loans and
credit unions) and other office uses are also permissible. In no case
shall retail, restaurant or personal service uses constitute less
than fifty percent (50%) of the total ground floor area of a structure,
or in the case of a development project with multiple structures,
less than fifty percent (50%) of the total gross ground floor area
of all structures.
2.
Residential dwellings shall be located on the second (2nd) floor
or higher.
3.
Drive-through Facilities For Financial Institutions Subject To Conditional
Use Permit Approval. Drive-through facilities for financial institutions
are limited to a maximum of two (2) drive-through lanes per site and
shall be developed as part of a mixed use development. On larger sites
in excess of two (2) acres in area, more than two (2) drive-through
lanes per site may be considered, up to a maximum of three (3) drive-through
lanes.
4.
Financial institutions which incorporate drive-through facilities shall be subject to the site plan review process pursuant to the procedures and standards outlined in Chapter 405, Article VIII, and shall be developed in accordance with the design guidelines and requirements for drive- through facilities.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
A development proposal shall be eligible for consideration under the planned unit development option per the provisions of Chapter 405 if the development incorporates ground floor retail or a ground floor public restaurant and one (1) of the following four (4) categories of use:
B.
Limitations.
1.
No change, alteration, modification or waiver authorized by a "PUD"
shall authorize a change in the uses permitted in any district or
a modification with respect to any zoning district standard made specifically
applicable to planned unit developments, unless such district regulations
expressly authorize such a change, alteration, modification or waiver.
2.
The property fronting the north side of Maryland Avenue between North
Forsyth Boulevard and North Brentwood Boulevard shall not be eligible
for redevelopment under the planned unit development provisions.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
The
maximum building height in the "MD" Overlay District is three (3)
stories, not to exceed thirty-five (35) feet for properties in an
underlying "C-1" Zoning District, and seven (7) stories or ninety
(90) feet, whichever is less, for properties in other underlying zoning
districts.
1.
The maximum building height for properties north of Maryland Avenue
between North Forsyth Boulevard and North Brentwood Boulevard is two
(2) stories or thirty-five (35) feet, whichever is less and may not
be modified through the planned unit development process.
B.
For
buildings permitted to exceed the maximum height through the planned
unit development process, a fifteen (15) foot stepback (upper story
building setback) shall be provided beginning at the third (3rd) story
level or thirty (30) feet above grade, whichever is less. However,
the Plan Commission shall have the authority to require a different
stepback(s) for buildings dependent upon building height, lot size,
nearby land uses and structures, and other relevant factors. Stepbacks
shall be proportional to the amount of building height. The upper
story stepback shall be provided along all building elevations with
street frontage, excluding alleys.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
The maximum floor area ratio (FAR) is three (3.0). The maximum floor areas may be modified subject to the provisions and requirements of the planned unit development process outlined in Chapter 405. Exception: The FAR may not be modified subject to the provisions and requirements of a planned unit development for property fronting the north side of Maryland Avenue between North Forsyth Boulevard and North Brentwood Boulevard.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
The
following are setback/stepback requirements in the Maryland Gateway
Overlay Zoning District:
1.
Front Yard. There is no minimum front yard setback requirement in
the Maryland Gateway Overlay District. All property lines which abut
a street are considered frontages. Building up to the front property
line is encouraged.
a.
For properties fronting the north side of Maryland Avenue between
North Forsyth Boulevard and North Brentwood Boulevard, the required
front yard setback for enclosed structures shall be established by
the average of existing setback of the block face. Awnings, pergolas,
patios, or similar features may project into a required front yard
setback.
2.
Rear Yard. The required rear yard setback in the Maryland Gateway
Overlay District is a minimum of fifteen (15) feet. Modifications
to the required rear yard setback are permitted/required under the
following conditions:
a.
Where a corner lot exists, the property line opposite to the front
yard line with the greater street frontage shall be considered the
side yard and the property line opposite to the front yard line with
the lesser street frontage shall be considered the rear yard.
b.
Where a property has three (3) or more street frontages, that portion
of the property opposite the frontage on the street designed or classified
for the highest traffic volume shall be considered the rear yard.
c.
An accessory building not exceeding twenty (20) feet in height may
occupy up to thirty percent (30%) of the area of a required rear yard.
Accessory buildings may be attached to the principal building or not
less than ten (10) feet from the principal building. In all cases,
no accessory building shall be closer than five (5) feet to any rear
property line or to any property line that abuts a residential zoning
district, nor shall they be located along any street frontage.
3.
Side Yard Setbacks.
a.
The side yard setback requirements are zero (0), except where a lot
abuts a residential district, a side yard of at least five (5) feet
shall be provided.
b.
Buildings shall be constructed from side lot line to side lot line,
along the entire street frontage of streets designed or classified
for the highest traffic volume. The developer shall have the option
of excluding no more than twenty percent (20%) of the lots' frontage
to create space for a public plaza or public green space area. This
public space can be located no less than fifty (50) feet from any
corner of the lot.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
Every principal commercial structure must provide off-street parking in accordance with Chapter 405.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
Site Plan Review. Site plan review, pursuant to the procedures and standards outlined in Chapter 405, is required for any development or redevelopment proposal over ten thousand (10,000) square feet in gross floor area and for financial institutions that are proposed to be developed with drive-through facilities.
B.
Site
Plan Review Design.
1.
The following criteria shall be applied by the City's Plan Commission/Architectural
Review Board for development proposals located in the Maryland Gateway
Overlay Zoning District:
a.
Footprint geometry should be square and true with the roadway to
the extent possible. Odd shapes and building orientations which compete
with the total urban setting should be avoided.
b.
Parking should be located within the City block interior and deeper
into parcels.
c.
Surface parking, drive aisles or vehicular access ways should not
abut any sidewalk.
d.
Buildings and uses must incorporate expansive street front windows
and shall be sited in a manner so as to achieve a pedestrian friendly
scale, appearance and feel.
2.
For projects located in an underlying "C-2" Zoning District, an on-site
sidewalk system shall be constructed along a project's internal drives
(both public and private) and shall connect to the public sidewalk
system on Maryland Avenue and abutting streets. For these purposes,
parking lot drive aisles are not to be considered drives or streets.
Sidewalks shall also be constructed to lead to pedestrian crossings
at off-site full access median openings, trail crossings, and pedestrian
signal crossings on abutting streets.
3.
The Plan Commission shall have the discretion to consider alternatives
and modifications to these site plan review criteria if their strict
application will result in unusual or practical difficulties, or a
particular hardship, or if the Plan Commission determines that such
alternatives or modifications to these guidelines will improve the
attractiveness or usefulness of the district as a whole and serve
the best interests of the City.
[Ord. No. 6276 §1, 6-25-2013; Ord.
No. 6816, 3-14-2023]
A.
The
standards applicable to the Architectural Review Board are as follows:
1.
Buildings shall occupy the property frontage from property line to
property line to ensure a continuous building facade.
2.
Building skylines should provide interest through introduction of
compatible shapes and roof forms. Long uninterrupted rooflines and
cornices should be avoided.
3.
Facade relief should be incorporated into all building elevations.
Long uninterrupted elevations should be avoided.
4.
Window openings should be incorporated into all building elevations.
Blank walls, long horizontal openings, odd shapes and glass walls
should be avoided.
5.
Street level (ground floor) elevation facing the street should be
storefront architecture with large show windows interrupted at regular
intervals with building piers and generous entrances. Blank walls,
long uninterrupted show windows, odd-shaped and small show windows
should be avoided.
6.
Parking structures visible from the street should be avoided. Parking
structures should be of design material and color compatible with
the urban setting.
7.
Building renovations and improvements should incorporate green space,
pedestrian connections, pedestrian gathering spaces, street furniture
and other elements of active pedestrian areas.
8.
Building design should integrate components that offer protection
to pedestrians, such as overhangs, awnings and canopies, as a means
to encourage pedestrian activity along the street.
9.
Building design should maintain and be compatible with the architectural
character of the City's nearby residential and existing commercial
neighborhoods.
10.
For properties fronting the north side of Maryland Avenue between
North Forsyth Boulevard and North Brentwood Boulevard, all street
facing facades shall be clad in a primary building material of brick.
A secondary material shall not make up more than five percent (5%)
of a façade. Window and door openings and awnings or similar
features shall not be included in the façade material area
calculations.
