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HomeMy WebLinkAbout05.02 MU City of Rexburg Development Code: MU CHAPTERS 5 & 6: CONCURRENT ZONES 5.1 Mixed Use (Number Reserved) SECTION 5.2: MIXED USE (MU) *All Zoning Standards apply. (See 3.01-3.06) 5.02.010. Purpose and Objectives 5.02.110. Projections into Yards 5.02.020. Permitted and Conditional Uses 5.02.120. Building Height 5.02.030. Lot Area 5.02.130. Sidewalk Access 5.02.040. Lot Width 5.02.140. Permissible Lot Coverage 5.02.050. Lot Depth 5.02.150. Project Plan Approval 5.02.060. Lot Frontage 5.02.160. Parking, Loading and Access 5.02.070. Prior Created Lots 5.02.170. Commercial Design Standards 5.02.080. Lot Configuration 5.02.180. Signs 5.02.090. Density 5.02.190. Other Requirements 5.02.100. Yard Requirement 5.02.200. Lighting Standards 5.02.010. Purpose and Objectives It is the purpose and intent of the Mixed Use (MU) zone to allow flexibility where a variety of housing types may exist among neighborhood-serving commercial and institutional uses. Mixed use projects are encouraged, but stand–alone residential development is allowed. Higher residential densities are allowed with the highest requiring a mixed use component. b. PED. For land that is zoned MU, and is located within the Pedestrian Emphasis District (PED): less parking and higher density for residential units are allowed as per the definition of the Pedestrian Emphasis District found in Section 10.2. c. ndnd MU is not allowed as a zone in any property facing Main Street Between the 2 West and 2 East. 5.02.020. Permitted Uses In the mixed-use (MU) zone, residential, commercial, and institutional uses may occupy the same building and lot. The following principal uses and structures indicated as “P”, and no others, shall be permitted in the MU zone. The following uses and structures indicated as “CUP” may be permitted in the MU zone only after a Conditional Use Permit has been approved, and subject to the terms and conditions thereof. MIXED USE Group Housing Apartments P (See 3.02.160.) Bed and Breakfast Inn P (See 3.02.160.) Boarding Houses P Dormitory, Fraternity, Sorority (max. 6 persons/unit) CUP Group Home (Disabled & Elderly; under 8 residents) P Hotels P Membership Lodging P Multi-Family P Religious Quarters P (See 3.02.160.) Short-Term Rental P Townhomes (first floor 2’ above grade when adjacent to right-of-way) P Care Facilities Behavior, Drug & Alcohol Treatment CUP Day Care Centers P Hospitals CUP Sanitariums, convalescent and rest homes CUP Place of Worship Churches, Synagogues, Missions and Temples P Other Religious Activities P Religious Reading Rooms P Schools, public or Dancing Schools P private Nursery Schools P Page 171 of 362 City of Rexburg Development Code: MU Indoor Recreation Athletic clubs, body building studios, aerobic centers & gymnasiums P Entertainment Cultural Activities P Museums P Food Bakeries & Doughnut Shops P Candy, nut & confectionery P Dairy Products CUP Eating Places; restaurants* P Food stores P Grocery Stores CUP Fruits & Vegetables P Meats & Fish CUP Miscellaneous retail food P Manufacturing Small Generation Retail Apparel and Accessories P Books, stationary, art and hobby supplies P Department Stores (junior and major chains) P Discount Department P Direct Selling Organization P Dry Goods and general merchandise CUP Electrical Supplies CUP Florists P Furniture, home furnishings & equipment (no combined warehousing) P Garden Supplies (inside building only) P Hardware P Heating & Plumbing Equipment (No outside storage) CUP Ice Dealers (automated machines or pick-up stations only) P Jewelry P Merchandise vending machine operators P Miscellaneous retail stores P Miscellaneous retail trade CUP Paint, Glass & Wallpaper CUP Retail Trade P Shopping Centers (uses listed here; more than 5 acres, less than 10 acres) CUP Sporting Goods, Bicycles, and Toys P Surplus stores P Swimming Pool Supplies CUP Variety stores P Services Beauty & Barber shops P Building Maintenance CUP Consumer Credit Services P Drug & Proprietary Stores P Educational Services P Electrical Appliance Repair & Service P Executive, legislative & judicial P Gunsmiths P Household Good Warehousing & Storage CUP Libraries P Locksmiths & key shops P Miscellaneous Service Organizations P Personal Services P Photographic Services P Postal Services P Second hand clothing, shoes, furniture & books (no flea markets or thrift CUP stores; all indoors; no outdoor collection boxes) Prescription Pharmacy for permitted establishments (no separate entrance; P no more than 15% of total floor area of building in which it is located) Pressing, alteration and garment repair (no on-site dry cleaning) P Protective functions & related activities P Reception Center P Reupholstering & furniture repair P Spas P Veterinarian Services ** CUP Video Rental Shops P Page 172 of 362 City of Rexburg Development Code: MU Office Advertising services P Banks, Insurance & Real Estate Offices P Business (office & retail sales only) P Call Centers CUP Contract Construction Services office & retail CUP Duplicating, stenographic and office services P Employment services P Electrical Utility Company Office P Gas Utility Company Office P Irrigation Utility Company Office P Janitorial office (Dwelling & business cleaning) P Mail & phone order houses P Miscellaneous business services office P News Syndicate Services office P Police Protection & Related Activities Office P Professional Services office (except behavior, drug, and alcohol treatment) P Refuse disposal company office P Travel Agencies P Water Utility Company office P Transportation Automobile Parking Lots and Garages (no impound or long-term storage) P Bus transportation (no garaging & equipment maintenance) P Motor vehicle transportation P Separate Parking Lots P Crematory P Funeral parlor (mortuary) P Utilities Communications CUP Debris Basin CUP Electricity Regulating Substations CUP Gas Pressure Control Stations P Irrigation Distribution Channels P Right-of-way (combo utilities, electric, gas pipeline, sewage pipeline, storm P drain and water pipeline) Utility and Public Facilities Gas, NEC CUP Water Pressure Control Stations & Pumping Plants P Sewage Pumping Stations P Spreading Grounds CUP Water Storage as part of a utility system CUP *Eating Places (restaurants) conditions 1. Shall be architecturally compatible with surrounding buildings. 2. No short order, fast food or drive-in 3. Signs, landscaping, number of employees and distance from existing commercial zones shall be considered in the review for the CUP. 4. Located within air-conditioned, sound-proofed building. **Veterinarian conditions 1. Experimental or scientific research activities are prohibited. 2. No on-site disposal of dead animals. 3. Animal noise shall not be audible at the nearest property line. 4. Overnight boarding shall be limited to animals receiving treatment on the premises. 5. Services shall be limited to small animals only. 6. No services shall be permitted for poisonous or dangerous animals. a. Permitted Accessory Uses & Buildings. (See 3.02.070.) Accessory uses and structures are permitted provided they are incidental to, and do not substantially alter the character of, the permitted principal use or structure. 1. Accessory buildings shall maintain architecturally similar material and colors with the main building. 5.02.030. Lot Area The minimum area of any lot or parcel of land in the MU zone is twelve thousand (12,000) sq. ft. Page 173 of 362 City of Rexburg Development Code: MU 5.02.040. Lot Width The minimum lot width in the MU zone is sixty (60’) feet. 5.02.050. Lot Depth The minimum lot depth in the MU zone is sixty (60’) feet. 5.02.060. Lot Frontage Each lot or parcel of land in the MU zone shall abut a public street for a minimum distance of twenty-four (24’) feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to City standards. Frontage on a street end, which does not have a cul-de-sac improved to City standards, shall not be counted in meeting this requirement. 5.02.070. Prior Created Lots (See 3.03.070.c.) 5.02.080. Lot Configuration Projects in this zone are required to be pedestrian-friendly developments with buildings facing and in close proximity to the right-of-way. a. Parking Lots. Parking lots are required to be behind buildings. Other configurations may be considered on a case-by-case basis and subject to a Conditional Use Permit (CUP). b. Access Driveways. Access driveways are restricted to twenty-four (24’) feet (unless required to be wider for Fire Apparatus.) 5.02.090. Density MU projects are encouraged but not required to have residential, commercial, or institutional mixture (including other uses as approved by the Zoning Administrator). a. Housing unit density of up to thirty (30) units per acre is permitted. b. Commercial or Institutional Use. Projects shall be allowed an additional residential unit for each one- half (1/2) percent of commercial or institutional use up to 40 units per acre. c. Parking Structures. One additional residential unit per two (2) parking spaces provided in a parking structure may be added above and beyond the maximum density. For dormitory/congregate residential, an additional individual may be added above and beyond the maximum density for each parking space provided in a parking structure. d. PED . For land that is located within the PED District (see map in Section 10.2), the dwelling unit density shall be allowed to be increased as per Planning and Zoning Commission findings during the required CUP. e. The use will be monitored by the City Compliance Officer. 5.02.100. Yard Requirement (See 3.02.080.) The following minimum yard requirements shall apply in the MU zone: a. Front Yard. The minimum front yard setback can be zero to ten (0’-10’) feet from right-of-way if the following requirements are followed: Sidewalk. 1. A minimum eight (8’) feet wide sidewalk is required parallel to any city street. Landscaping. 2. a) Street trees and other landscape amenities are required and include as a minimum the use of two (2”) inch caliper deciduous trees at a maximum of twenty (20’) feet spacing in the landscape strip between the curb and sidewalk. b) The space between the building and sidewalk shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”. Page 174 of 362 City of Rexburg Development Code: MU c) The landscape strip and the front yard setback shall be planted with grass between the trees, shrubs and other landscape features. Irrigation System. d) An irrigation system is required and is the responsibility of the property owner as is the maintenance of the landscaped areas. Building Design 3. Street Oriented. a)The building shall be oriented toward the street with architecturally defined entrances; a ground floor prominence; and elements that break up vertical and horizontal walls. Interaction with Street. b) There shall be a variety of openings and other features that enhance the buildings visual interaction with the street. These features include doors, windows, balconies and/or other items such as stoops, awnings, porches, dooryards, canopies, overhangs, recesses, etc. that in combination enhance the human scale and pedestrian experience of the street. 1) Balconies, awnings, canopies and other structural elements may extend a maximum of three (3’) feet into the setback. Materials. c) The first floor wall facing the right-of-way shall be faced with high-quality materials (as approved by the Zoning Administrator or designee). (See 7.00.060.) Renderings 4. identifying all of the above requirements and the Design Standards shall be submitted to city staff prior to the request for a building permit. a) The Zoning Administrator or designee will have authority to review the submittal and determine if it meets the above requirements of this Section and the spirit in which they were created. Townhouse. 5. Townhouse type residential adjacent to the right-of-way shall have a “daylight basement” or crawl space with the first floor a minimum of two (2’) feet above grade. Utility fixtures. 6. Utility fixtures are not allowed in the front yard setback or in the city right-of-way. b. not met When the above requirements are , a front yard setback of ten (10’) feet from right-of-way shall be required, and the following: Front Yard. 1. a) The front yard shall be landscaped with ornamental trees, shrubs, annual and perennial flowers to achieve a “fully landscaped look”. b) Parking spaces, drive aisles, and all maneuvering areas shall not be located within the first ten (10’) feet of a front yard. 1) This area shall be used for landscaping that will adequately screen parking areas from adjacent right-of-way. c. Rear Yard. Minimum rear yard of at least six (6’) feet shall be required when a sloped roof drains toward rear yard property line. Otherwise, no minimum. (See 3.02.080.) d. Side Yard. Minimum side yard of at least six (6’) feet shall be required when a sloped roof drains toward side yard property line. Otherwise, no minimum. (See 3.02.080.) e. Commercial Adjacent to Residential. (See Transitional Development Standards 3.02.080.a.) f. Infill/Redevelopment Setbacks. Setbacks are increased for Infill/Redevelopment projects. (See 10.1) g. Accessory Buildings. (See 3.02.070.) Page 175 of 362 City of Rexburg Development Code: MU 5.02.110. Projections into Yard (See 3.02.090.) 5.02.120. Building Height The allowed height is fifty-five (55’) feet, for all buildings. Buildings higher than fifty-five (55’) feet may be allowed with a Conditional Use Permit. a. Building height for all uses shall be measured from adjacent grade level to the top of the highest horizontal wall top plate. An unroofed and unenclosed rooftop terrace, an enclosed stairwell or elevator providing access to the roof, shall not be included in the measurement of total building height. b. Telecommunication Towers. The Planning and Zoning Commission shall review the design of all proposed stealth and non-stealth telecommunication towers through the conditional use permit process, and provide a recommendation to the City Council. Any proposed tower shall also be subject to the City’s telecommunications tower ordinance which will require certain setbacks and excluded areas. 1. Stealth telecommunication towers are permitted to a height of seventy-five (75’) feet. 2. Non-stealth telecommunication towers are permitted to a height of sixty (60’) feet. 5.02.130. Sidewalk Access Housing projects made up of twelve (12) or more units will be required to demonstrate sidewalk access to the BYUI campus and to the nearest Substantial Commercial Cluster (see definition in Chapter 2). 5.02.140. Permissible Lot Coverage a. Lot Coverage. Maximum lot coverage is ninety (90%) percent.Lot coverage includes all buildings and structures including areas of hard surface such as sidewalks and driveways. b. Landscaping. Areas not included in lot coverage calculation shall be maintained in landscaping. 5.02.150. Project Plan Approval (See 3.02.130.) 5.02.160. Parking and Loading (See 3.04.) a. Proximity. Projects in the Mixed Use (MU) zone are allowed greater than two-hundred (200’) feet distance from the primary entrance as approved by the Zoning Administrator or designee. b. Mixed-Use Buildings and Projects. The total parking requirement shall be the sum of the individual requirements for all uses. c. Townhouses. Townhouses shall have two (2) off-street parking spaces per unit. d. Joint Use Parking. Joint use parking facilities are encouraged. A joint use parking agreement, if executed according to the standards set forth in this section would allow a reduction in the total requirement for a mixed-use building or project. (See 3.04.110.) e. Parking Structures. Parking Structures are encouraged and must meet the requirements set forth in Section 3.04. Underground Parking Structures. 1. Underground parking structures may be projected into any required setback if the structure is covered by landscaping or grass and does not raise the grade of the yard by more than two (2’) feet. 5.02.180. Commercial Design Standards Commercial projects must meet commercial design standards. (See 7.) 5.02.190. Other Requirements a. Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward Page 176 of 362 City of Rexburg Development Code: MU publicly accessible streets and sidewalks, a principal building must have its main entrance from a public sidewalk or plaza or from a private sidewalk or plaza that is publicly accessible through a public use easement. 1) The main entrance shall not be from a parking lot; however, secondary entrances from parking lots are permitted. 2) Interior buildings constructed as part of a campus development are exempt from these requirements. b. Highway 20 Corridor (See 3.02.100.e.) c. Infill/Redevelopment. Buffering is required as per Chapter 10: Infill/Redevelopment Projects. d. Landscaping. (See 3.02.100.) e. Outdoor Storage or Display . Outdoor storage or display requires a Conditional Use Permit (CUP). f. Signs. (See 3.05) All signs erected in the MU zone shall be in conformance with the sign provisions of the Rexburg City Sign Code, except for the following: 1. Sign requirements shall apply to the MU district, with the following exceptions: a) Pole signs are not allowed; b) Permitted detached signs shall be monument style and shall be limited to six (6’) feet in height. g. Street lighting and utilities within the right-of-way shall be installed as per the City Engineering Standards. h. Trash Storage. (See 3.02.120) i. Walls, Fences, and Gates 1. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private street or walkways that are publicly accessible through a public use easement, or along publicly accessible open spaces, shall not extend beyond the building façades (i.e., these fences shall not be located in the area between building façades and the property line). Fences 2.(See 3.02.110.) 5.02.200. Lighting Standards Lighting Standards are applicable as described in Section 3.6. Factors such as location of housing (onsite and offsite) and commercial land uses shall direct which standards are applicable. Page 177 of 362