THE CITY OF
ORDINANCE
NO: G-08-4
FOR
THE PURPOSE of amending the Land Management Code as it pertains to accessory
retail sales associated with M1 properties in the Carroll Creek Overlay
BY AMENDING Article 4, Section 420
entitled “Carroll Creek Overlay District” and
BY AMENDING Article 8, Section
812, entitled, "Commercial & Industrial Use Supplementary
Regulations”; and
BY AMENDING Article 10, Section
1002, entitled, "Definitions”;
WHEREAS, the Mayor and Board of Aldermen adopted on July 12,
2005 the Land Management Code, which implements many of the policies and
strategies of the Comprehensive Plan; and
WHEREAS, revisions to the newly adopted Land Management Code
were proposed by City residents and staff to address identified deficiencies in
certain provisions, clarify the intent of certain provisions, and allow for the
more effective implementation of the Comprehensive Plan; and
WHEREAS, the Planning Commission reviewed the proposed
amendments to the Land Management Code; received public testimony at public
hearings on December 10, 2007 and January 14, 2008; revised the draft Code
based on public comment; and approved a resolution on January 14, 2008 recommending
the amendments; and
WHEREAS, the Board of Aldermen received the recommendation
of the City of Frederick Planning Commission and heard public testimony on the
proposed amendments to the Land Management Code in a public hearing on February
7, 2008 and
SECTION 1. BE IT ENACTED AND ORDAINED BY THE MAYOR AND
BOARD OF ALDERMEN THAT Section 420,
entitled "Carroll Creek Overlay District," of the Land Management
Code (Appendix A of the Frederick City Code, 1966, as amended) is hereby amended
to insert the following section:
(d)
Accessory Retail Sales in the M1 Zoning District
Within the CCO, on lots zoned M1 and having
frontage on Carroll Creek Park, retail sales is permitted as an accessory use
for any manufacturing, processing, assembly, warehouse or distribution center
use, subject to the following:
(1) The gross square footage for accessory retail
sales may not exceed 40% of the total combined square footage of the
manufacturing and retail space;
(2) At least 15% of the net leasable area for
accessory retail sales must be dedicated to the sale of goods manufactured,
processed, or assembled on site; and
(3)
The accessory retail sales area must occupy the portion of the structure
immediately adjacent to
SECTION 2. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF
ALDERMEN THAT Article 8, Section 812,
entitled "Commercial &
Industrial Use Supplementary Regulations," more particularly
subsection (e) of the Land Management Code (Appendix A of the Frederick City
Code, 1966, as amended) is amended as follows:
(e) In the Carroll Creek
Overlay district, accessory retail sales is permitted in the M1 district as set
forth in § 420(d) of this Code. Except
in the Carroll Creek Overlay District accessory retail sales are
permitted as a conditional use for any manufacturing, processing, assembly,
warehouse, or distribution center in the M1 and M2 districts provided articles
sold are:
(1) Products manufactured, assembled, or
processed on site; or
(2) Parts or accessories to products
manufactured, assembled, or processed on site; or
(3) Articles stored or distributed by a
warehouse or distribution center.
(4) In no event shall more than ten (10%)
percent or one thousand (1,000) square feet of the floor area, whichever is
less, of a building which is used for manufacturing, processing, assembly,
storage or distribution of products, be used for retail sales.
(5) Service facilities likewise are limited
to repair of and or service of products manufactured, processed, assembled,
stored or distributed by the principle use.
(6) Nothing herein contained shall be
construed to permit the operation of general retail sales businesses in the M1
and M2 districts other than as provided in this section.
(7) Off-street parking for accessory retail
sales shall be provided according to requirements for retail sales of § 607
(Parking and Loading Standards) of this Code.
SECTION 3. BE IT FURTHER
ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN THAT Article 10, Section 1002, entitled "Definitions," of the Land Management Code (Appendix A of the
Frederick City Code, 1966, as amended) is hereby amended to insert the
following term in alphabetical order:
Net Leasable Area
In a commercial building, the
area upon which rental payments are based. In the case that multiple tenants
occupy one floor, common areas shall be excluded along with square footage devoted
to mechanical facilities which support the functioning of the building in its
entirety, including but not limited to heating and cooling apparatus, and
elevator equipment.
SECTION 4. BE IT FURTHER
ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN THAT in the event any
provision, section, sentence, clause or part of this ordinance shall be held to
be invalid, such invalidity shall not affect or impair any remaining provision,
section, sentence clause or part of this ordinance, it being the intent of the
City that such remainder shall be and shall remain in full force and effect.
SECTION
5. BE IT FURTHER ENACTED AND ORDAINED BY
THE MAYOR AND BOARD OF ALDERMEN THAT this ordinance shall take effect on February
18, 2008 and all other ordinances or parts of ordinances inconsistent with the
provisions of this ordinance will as of that date be repealed to the extent of
such inconsistency.
APPROVED: February 7, 2008 PASSED: February 7, 2008
____________________________
____________________________
WILLIAM J. HOLTZINGER, Mayor WILLIAM J. HOLTZINGER, President,
Board of
Aldermen
Approved
for Legal Sufficiency:
______________________
Legal Department