§ 127.6. TNC (Traditional Neighborhood Center) Overlay District
A.
Purpose
The TNC District is intended to provide for the development of pedestrian-oriented, urban activity centers with a mix of retail, service, office and residential uses. These centers should be located near Route 40 and close to residential communities that will benefit from a pedestrian-oriented local business area. The requirements of this district, in conjunction with the Route 40 Manual and the public improvements recommended by the Route 40 Enhancement Study, will result in development that will strengthen nearby communities, provide for safe and convenient pedestrian travel, and improve the streetscape of Route 40 and intersecting roads.
Sites within the TNC Overlay may continue to be used, developed and redeveloped in accordance with the underlying zoning. The intent of this district is to provide an alternative method of development for property owners who choose to comply with the Route 40 Manual and the requirements of this district. Development complying with the TNC District requirements will be permitted to include residential development and will have greater flexibility in some bulk requirements.
B.
Application of TNC District
The TNC Overlay is established on a property through the action of the Zoning Board, either during Comprehensive Zoning or as a piecemeal rezoning request. Sites in the TNC District may be developed in accordance with either the underlying district or this overlay district. The initial subdivision plan or Site Development Plan for new development, redevelopment or alteration of a site must indicate which set of requirements will be used. For sites using the TNC District, the requirements of this district supersede the underlying district.
C.
Uses Permitted as a Matter of Right
1.
Age-restricted adult housing, if the additional requirements for age-restricted adult housing set forth in the POR District are met.
2.
Ambulatory health care facilities.
3.
Animal hospitals, completely enclosed.
4.
Antique shops, art galleries, craft shops.
5.
Athletic facilities, commercial.
6.
Bakeries, provided all goods baked on the premises shall be sold at retail from the premises.
7.
Banks, savings and loan associations, investment companies, credit unions, brokers, and similar financial institutions, without a drive-through, except that one lane drive-through service shall be permitted on sites within a Route 40 corridor development project encompassing at least 20 gross acres of land in the TNC District provided that there shall be no portion of drive-through service visible from a public road and the drive-through service shall be appropriately buffered from adjoining residential property.
8.
Bicycle repair shops.
9.
Blueprinting, printing, duplicating or engraving services limited to 5,000 square feet of net floor area.
10.
Carnivals and fairs sponsored by and operated on a nonprofit basis for the benefit of charitable, social, civic or educational organizations, subject to the requirements of Section 128.0.D.
11.
Child day care centers and nursery schools.
12.
Clothing and apparel stores with goods for sale or rent.
13.
Commercial communication antennas.
14.
Conservation areas, including wildlife and forest preserves, environmental management areas, reforestation areas, and similar uses.
15.
Convenience stores.
16.
Day treatment or care facilities.
17.
Drug and cosmetic stores, without a drive-through, except that one lane drive-through service shall be permitted on sites within a Route 40 corridor development project encompassing at least 20 gross acres of land in the TNC District provided that there shall be no portion of drive- through service visible from a public road and the drive-through service shall be appropriately buffered from adjoining residential property.
18.
Dwellings, apartment and single-family attached, only within a Route 40 corridor development project with at least 2 gross acres of TNC-zoned land.
19.
Farmers markets.
20.
Food stores.
21.
Furniture, appliance and business machine repair, furniture upholstering, and similar services.
22.
Government structures, facilities and uses, including public schools and colleges.
23.
Hardware stores.
24.
Hotels, motels, country inns and conference centers.
25.
Laundry or dry cleaning establishments.
26.
Liquor stores.
27.
Museums and libraries.
28.
Nonprofit clubs, lodges, community halls.
29.
Offices, professional and business.
30.
Parking facilities that serve adjacent off-site uses in accordance with Section 133.0.B.
31.
Personal service establishments.
32.
Pet grooming establishments and daycare, completely enclosed.
33.
Recreation Facilities, Commercial including bowling centers, billiard or pool centers, children's party and play spaces, laser-tag facilities, computer gaming centers, golf driving ranges, miniature golf, water slides, paintball, and similar uses.
34.
Repair of electronic equipment, radios, televisions, computers, clocks, watches, jewelry, and similar items.
35.
Restaurants, carryout, including incidental delivery service.
36.
Restaurants, fast food, in a building without a drive-through.
37.
Restaurants, standard, and beverage establishments, including those serving beer, wine and liquor.
38.
Seasonal sale of Christmas trees or other decorative plant materials, subject to the requirements of Section 128.0.D.
39.
Schools, commercial.
40.
Schools, private academic, including colleges and universities.
41.
Service agencies.
42.
Specialty stores.
44.
Underground pipelines; electric transmission and distribution lines; telephone, telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and other similar
45.
Volunteer fire departments.
D.
Accessory Uses
1.
Any use normally and customarily incidental to any use permitted as a matter of right in this district.
2.
Home occupations, subject to the requirements of Section 128.0.C.
3.
Private parks, swimming pools, athletic fields, exercise facilities, tennis courts, basketball courts and similar private, non-commercial recreation facilities.
4.
Retail sale of propane on the site of a principal retail business.
5.
Small Wind Energy System, building mounted, subject to the requirements of Section 128.0.L.
6.
Snowball stands, subject to the requirements of Section 128.0.D.
7.
Accessory Solar Collectors.
E.
Bulk Regulations
(Also see Section 128.0.A, Supplementary Bulk Regulations.)
1.
Minimum parcel size ..... 2 acres
2.
Residential density, maximum
a.
Parcel adjacent to Route 40 ..... 20
units per net acreb.
Parcel adjacent to Frederick Road ..... 8
units per net acre3.
Maximum height limitations
a.
Parcel adjacent to Route 40 ..... 55 feet
b.
For structures incorporating either first floor retail or structured parking on parcels adjacent to Route 40 on sites within a Route 40 corridor development project encompassing at least 20 gross acres of land in the TNC District, the maximum height limit for structures can increase an additional 1 foot in height for every 2 feet of additional setback above the minimum setback to a maximum height of ..... 62 feet
c.
Parcel adjacent to Frederick Road ..... 35 feet
4.
Minimum building height ..... 25 feet
5.
Minimum structure or use setback from Route 40 right-of-way ..... 20 feet
6.
Minimum setbacks from other public street right-of-way
a.
Principal structures and amenity areas ..... 0 feet
b.
All other structures and uses ..... 20 feet
7.
Minimum structure and use setbacks from residential lots for R-ED, R-20, R-12 or R-SC Districts
a.
Parcel adjacent to Route 40 ..... 75 feet
Except for accessory uses and structures, which are limited to access drives, parking areas, retaining walls 15 feet in height or less, walkways\30 feet
b.
Parcel adjacent to Frederick Road ..... 50 feet
8.
Minimum structure and use setbacks from open space, multi-family or non-residential uses in R-ED, R-20, R-12 or R-SC Districts ..... 30 feet
9.
Minimum structure and use setbacks from any other residential zoning district ..... 30 feet
10.
If an R-ED, R-20, R-12, or R-SC District is separated from the TNC District by a public street right-of-way, only the setbacks from a public street right-of-way shall apply.
11.
Minimum structure and use setbacks from all other districts ..... 0 feet
12.
Maximum structure setback from public street right-of-way
a.
From Route 40 ..... 100 feet
b.
As provided in the Route 40 Manual, the building facade closest to a public street other than Route 40 should be located no more than 10 feet from the edge of the public street right-of-way unless topography, utilities or other physical constraints make a greater setback necessary. This 10-foot setback may be increased without a variance in accordance with the Route 40 Manual.
F.
Requirements for TNC Development
1.
Amenity area
TNC developments shall include a formal, landscaped, outdoor amenity area, such as a plaza, courtyard, square, or common that complies with the requirements of the Route 40 Manual.
2.
Requirements for nonresidential uses
On a lot adjoining the right-of-way of Route 40 or Frederick Road, for the buildings closest to Route 40 or Frederick Road:
a.
At least 50% of the first floor of the building must be designed for retail or service uses. Service uses include personal service, service agency, restaurants, and similar uses serving the public.
b.
The first floor of the building façade facing the right-of-way must include storefronts and entrances for the first floor retail and service uses.
c.
The first floor façade shall be designed to provide pedestrian interest along sides of buildings that face the street in accordance with the Route 40 Manual
3.
Requirements for residential uses
a.
Residences are permitted only within Route 40 corridor development projects encompassing at least 2 gross acres of TNC-zoned land.
b.
The first floor of buildings on lots adjoining the Route 40 or Frederick Road right-of-way shall not include residential uses in the building space closest to the right-of-way. Residences may occupy other portions of the first floor space.
c.
For every dwelling unit developed, 300 square feet of commercial space must be developed or renovated to be compatible in architectural character with new development on the site. The Director of the Department of Planning and Zoning may, however, reduce the commercial space requirement to 200 square feet per dwelling unit under the following conditions:
(1)
The TNC Development is less than 20 acres and is specially constrained in terms of size, shape, environmental factors or access in a manner that limits commercial development potential; or
(2)
The proposed design includes recreational, public, or non-profit uses on the first floor that benefit and are accessible to the general public.
d.
The phasing of residential and commercial construction should be roughly proportional. Once building permits have been issued for 50% of the residential units, no more building permits for residential units will be issued until the developer obtains building permits for a proportional amount of commercial construction or renovation. This requirement may be satisfied by continuing presence of a proportional amount of existing commercial development that is intended to remain as part of the development project, provided that the existing commercial space is redeveloped and the redevelopment is subject to the same requirements as new commercial construction in the TNC District.
e.
At least 15% of the dwelling units shall be Moderate Income Housing Units.
G.
Compliance with Route 40 Manual
All sites developed under the TNC District requirements shall comply with the standards of the Route 40 Manual.
H.
Parking
The minimum off-street parking requirements of Section 133.0.D may be reduced by the number of on-street parking spaces available within a public street right-of-way or private service drive adjoining the parcel. On-street parking spaces used to meet the minimum parking requirement must be within the road section adjoining the parcel and on the same side of the street as the associated parcel.
I.
Conditional Uses
Conditional Uses in the TNC district are subject to the detailed requirements for Conditional Uses given in Section 131.0. For the list of permitted Conditional Uses, refer to the chart in Section 131.0.