[Ord. No. 1188 §19, 12-14-2005]
The zoning of property to the "MXD", Planned Mixed Use District
is intended to encourage a variety of land uses in closer proximity
to one another than would be possible with more conventional zoning
districts and to encourage building configurations that create a distinctive
and memorable sense of place. Developments in this district are allowed
and expected to have a mixture of residential, office and retail uses,
along with public spaces, entertainment uses and other specialty facilities
that are compatible in both character and function. Developments are
also expected to utilize shared parking facilities linked to multiple
buildings and uses by an attractive and logical pedestrian network
that places more emphasis on the quality of the pedestrian experience
than is generally found in typical suburban development. Buildings
are intended to be primarily multi-story structures with differing
uses organized vertically rather than the horizontal separation of
uses that commonly results from conventional zoning districts. This
planned zoning district is intended for those areas Master Planned
as office or commercial, or where a special study has been undertaken
that recommends a non-residential-focused mixed use development. This
district is not intended for areas Master Planned for residential
development or for mixed use developments that are residentially focused.
[Ord. No. 1188 §19, 12-14-2005]
A.
No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, moved or altered, except for one (1) or more of the following uses, subject to the development and performance standards set forth in Section 410.450:
1.
Any use permitted in District "MS2" subject to applicable development
and performance standards.
2.
Services such as bus and other transportation terminals.
3.
Multi-family dwellings, such as townhouses, condominiums and apartments.
4.
Assisted living.
5.
Elderly housing.
6.
Public buildings.
7.
Public or private schools.
8.
Public or private parks and playgrounds.
9.
Religious facilities.
10.
Auditoriums.
11.
Communication antennas mounted on existing structures.
12.
Conference facilities.
13.
Convention centers.
14.
Hotels.
15.
Sports or recreational facilities.
[Ord. No. 1188 §19, 12-14-2005]
A.
The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in Section 415.010:
2.
Setbacks.
a.
Minimum setback from right-of-way — zero (0).
b.
A minimum of thirty percent (30%) of the development site's perimeter
public street frontage shall be occupied by a building wall located
no further than thirty (30) feet from the perimeter right-of-way line.
This setback shall not include any parking areas, drives or drive-thru
aisles.
c.
The remaining percentage (excluding breaks for driveways and pedestrian
connections) of the development site's perimeter public street frontage
shall be occupied by:
(1)
A berm three (3) feet high with a maximum slope of three to
one (3:1) in combination with coniferous and deciduous trees and shrubs;
or
(2)
A low continuous landscaped hedge at least three (3) feet high,
planted in a triangular pattern so as to achieve full screening at
maturity; or
(3)
A low decorative masonry wall at least three (3) feet high in
combination with landscaping; or
(4)
A combination of any of these methods.
d.
Perimeter setbacks other than those adjacent to public right-of-way:
No setback is required except that where a lot line abuts the lot
line of residentially or office Master Planned property, a setback
shall be provided which is at least equal to the minimum setback required
in the district which the property abuts, plus one (1) foot for every
six (6) feet of building height over thirty (30) feet or portion thereof.
Additionally, during the rezoning or preliminary development plan
approval process, the Planning Commission and City Council may require
additional setbacks if it is determined that such yard is necessary
to provide adequate open space, access to light and air, a healthful
living environment, prevent visual obstruction of adjoining properties,
or to ensure compatibility with existing adjacent development.
[Ord. No. 1188 §19, 12-14-2005]
A.
Parking Setback. No parking area shall be located within
ten (10) feet of any street right-of-way.
B.
In
District "MXD", parking shall be provided on the premises in the following
amounts:
1.
Minimum parking for non-residential uses shall be provided as follows:
Three (3) spaces per one thousand (1,000) square feet of total floor
area except for those uses as identified below:
|
LAND USES
|
KEY
| |
|---|---|---|
|
Restaurants, cafeterias, armories, assembly halls, theaters,
athletic fields and other seating facilities
|
C
| |
|
Libraries
|
AF
| |
|
Hotels, motor hotels, motels, apartment hotels, dormitories
and similar boarding facilities
|
AB
| |
|
Hospitals, nursing or convalescent homes or congregate care
facilities
|
DE
|
|
KEY
| ||
|
A
|
One (1) space for each four (4) employees
| |
|
B
|
One (1) space for each guest room
| |
|
C
|
One (1) space for each four (4) seats
| |
|
D
|
One (1) space for each four (4) beds
| |
|
E
|
One (1) space for each two (2) staff persons or visiting doctors
| |
|
F
|
One (1) space for each four hundred (400) square feet service
floor area
| |
2.
For those developments with over one hundred fifty thousand (150,000)
square feet of non-residential floor area, no additional parking shall
be required for restaurants.
3.
Parking for residential uses shall be provided as follows: One and
one-half (1.5) spaces per dwelling unit.
4.
Maximum grade level parking allowed per use or per project shall
be one hundred fifty percent (150%) of the minimum parking required
for such use. Any new parking facility with a capacity over two hundred
(200) spaces shall accommodate no more than sixty percent (60%) of
the total parking at grade level.
5.
The Planning Commission and City Council may reduce the required
parking after considering documentation and/or study provided by the
applicant, staff's recommendation and giving decisive weight to all
relevant facts including, but not limited to, the following factors:
Availability and accessibility of alternative parking; impact on adjacent
residential neighborhoods; existing or potential shared parking arrangements;
the characteristics of the use, including hours of operation and peak
parking demand times; design and maintenance of off-street parking
that will be provided; and whether the proposed use is new or a small
addition to an existing use.
C.
On-street
parking spaces may be counted towards the minimum requirements as
set forth above, provided the on-street spaces are located on an adjacent
or internal street that allows on-street parking. On-street parking
spaces being counted towards the credit must be identified on plans
at time of submittal to the City.
[Ord. No. 1188 §19, 12-14-2005; Ord. No. 1304 §18, 10-21-2009]
A.
Merchandise,
which may be appropriately displayed outside a building, shall be
kept off the public sidewalks, parking lots, landscaped areas and
streets and shall not occupy an area greater than ten percent (10%)
of the ground floor area of the non-residential portion of the adjacent
building. All merchandise shall be displayed on a concrete or similar
harden surface. No merchandise (including motorcycles, scooters and
automotives) may be left outdoors when the business is not open.
B.
Drive-up
service may be permitted as part of final development plan approval.
The drive-up or walk-up restaurants shall be integrally designed into
the development and the drive-thru lane and drive-thru window may
not be located adjacent to the public street network or drives.
C.
No
smoke, radiation, vibration or concussion, heat or glare shall be
produced that is perceptible outside a building and no dust, fly ash
or gas that is toxic, caustic or obviously injurious to humans or
property shall be produced.
D.
Eating/drinking
establishments may have an outdoor eating area as designated on a
plan. Any outdoor eating areas on public right-of-way shall be subject
to a right-of-way maintenance agreement.
E.
Communication antennas may be installed on any existing structure (such as a building, utility pole, water tower etc.) three (3) stories in height or greater but no less than thirty-five (35) feet, provided that the additional antennas shall add no more than twenty (20) feet to the height of said existing structure. Communication antennas which are architecturally compatible to the building architecture may locate on non-residential buildings less than three (3) stories or thirty-five (35) feet in height, subject to final development plan approval. Associated equipment may be in height, subject to final development plan approval. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with Chapter 415, Article II.
