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HomeMy WebLinkAboutMIXED USE 1 - 09-00025 - Development Code Amendments - February 2009City of Rexburg Development Code 3.31 Mixed -Use 1 (MU -1) 3.31.010. Purpose and Objectives 3.31.020. Permitted Uses 3.31.025. Single Ownership and Control 3.31.030. Lot Area 3.31.040. Lot Width 3.31.045. Lot Depth 3.31.050. Lot Frontage 3.31.060. Prior Created Lots 3.31.070. Lot Configuration and Density 3.31.080. Yard Requirement 3.31.090. Projections into Yards 3.31.100. Building Height 3.31.105. Distance Between Buildings 3.31.110. Permissible Lot Coverage 3.31.1.15. Permissible Building Footprint 3.31.120. Parking, Loading and Access 3.31.130. Landscaping and Buffers 3.31.140. Other Development Standards 3.31.150. Reversion of Zoning 3.31.160. Architectural Design Standards 3.31.170. Administrative Review Requirements 3.31.180. Lighting Standards M 3.31.010. Purpose and Objectives It is the purpose and intent of the low intensity mixed-use ("MU -I °) district to provide areas in which a variety of housing types may exist among neighborhood -serving commercial and institutional uses. The MJ -1 zones is intended and therefore shall only be applied to aress that we deisignated Neighborhood Commercial/Mixed Use on the City's Comprehensive Plan map. For land this is zoned MU -1, and is located within the Pedestrian Emphasis Zone„,,.,_`ppeLt"�"I,,r additional dwelling units per acre are permitted as described below. 3.31.020. Permitted Uses A. Categories. Those uses or categories as listed herein, and no others, are permitted in the MJ -I zone B. Numbered Listings. All uses listed herein are listed by number as designated in the Standard Land Use Code published and maintained by the Planning and Zoning Commission. Specific uses are identified by a four (4) digit number in which all digits are whole numbers. Classes or groupings of such uses permitted in the zone are identified by a four (4) digit number in which the last one or two digits are zeros. All such categories or classes listed herein and all specific uses contained within them in the Standard Land Use Code will be permitted in the MU -1 zone subject to the limitations set forth herein. C. Permitted Principal Uses. In the low intensity mixed-use (MU -1) zone, residential, commercial, and -institutional uses may occupy the same building and lot All projects must comply with the ".mix. of use” requirements described in Section RM. The following principal was and structures, and no others, are permitted in the MU -1 zone: SIC Code Use INSIRVESMA 5410 Grocery Stores, Convenience (non fuel station) (less than 5 acres) 5460 Bakeries and Doughnut Shops 5910 Books, Stationery, Art and Hobby Supplies 5991 Florists 6230 Beauty and Barber Shops 6251 Pressing, Alteration and Garment Repair (no on-site dry cleaning) Page 203 of 329 City of Rexburg Development Code MU_ 3.31.050. Lot Frontage Each lot or parcel of land in the MU -1 zone shall abut a public street for a minimum distance of twenty-two (27 feet, on a line parallel to the center line of the street or along the circumference of a cul-de-sac improved to Cit standards. Frontage on a street end which does not have a cul-de-sac improved to City standards shall not b counted in meeting this requirement. 3.31.060. Prior Created Lots Lots or parcels of land which were legally and lawfully created prior to the application of the zone shall not b denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.10.070. Lot Configuration and Density Sixteen (16) units per acre is permitted. Twenty-four (24) units per -acre is allowable if the project includes office eating and entertainment, and/or retail sales and service uses that constitute fifteen (15) percent or more of the gros: floor area. Mixed-use projects are NffM1WfiJhHM. For land that is located within "Area i!1" of the PEZ district a ::.,), the dwelling unit density shall be that of HDRI, and if the project includes office and entertainment, and or retail sales end service uses that constitute fifteen (15) percent or more of the gross floor area, then the allowable dwelling unit density shall be that of the HDR2 zone. 3.31.080. Yard Requirement The following minimum yard requirements shall apply in the MU -1 zone: A. Front Yard. The following are the minimum depth of front yards: a. Minimum 25 feet or, b. 20 feet for areas of parking lots, if a seven (7) foot landscape strip is located between street curb and sidewalk. a 15 feet only for principal buildings, if a seven (7) foot landscape strip is located between the street curb and the sidewalk. Parking and maneuvering areas are not included in this reduction. d. 25 Maximum setback, with the following provisions: i. Campus development: Interior building constructed as part of a campus development may be setback from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet. Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. ii. Comer lots have two front yards along public or private roads. B. Rear Yard. The following are the minimum depth of rear yards: a Twenty (20) feet when adjacent to an area designated as residential on the Comprehensive Plan Map. Of that required yard, the ten (10) feet adjacent to the residentially designated area must be landscaped and include trees and shrubs. b. Five (5) fat when adjacent to any area of land that is designated for a non-residential land use on the Comprehensive Plan. C. Side Yard. The following are the minimum depth of side yards: a. Minimum side yard when adjacent to a residential zone or ares designated. for residential use on the City's comprehensive plan map shall be at least six (6) feet or six (6) inches of setback for every foot of building height, whichever is greater. b. Minimum side yard of at least ten (10) feet shall be required when an abutting property with an existing building has windows facing to the side. This is only from building to building. D. Nate: Additional setback conditions are included e: �, Development Standards E. - Accessory buildings must meet all setback requirements established by any applicable building code, and shall: Page 205 of 329 City of Rexburg Development Code MU - 8. Have a building footprint and height less than the main dwelling. Accessory buildings larger than on hundred and twenty (120) square feet shall meet the same side yard requirements as principal buildings. 9. Comply with all lot coverage requirements. 10. Comply with the current Building Code of The City of Rexburg, ID. 11. Only be used for those accessory uses allowed in the respective wne. 12. Maintain architecturally similar material and colors with main building. 13. Accessory building shall not be placed in the front yard. 14. Accessory buildings may be placed in any location in the rear yard not otherwise in conflict with this Ordinance, unless the accessory building is a garage with doors opening into the alley. Such garages shall be located at least fifteen (15) feet from the alley. 3.31.090. Projections A. Permitted Projections. The following structures may be erected on or projected into any required yard, except fora required driveway: 4. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. 5. Landscape elements including trees, shrubs, turf, and other plant materials. 6. Necessary appurtenances for utility service. B. Permitted Projections with Conditions. The structures listed below may project into a minimum front yard no more than four (4) feet and into a minimum side yard not more than two (2) feet, except that a required driveway shall remain unobstructed from the ground up a height of twelve (12) feet: 5. Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features. 6. Fireplace structures and bays, provided they are not wider than eight (8) feet and are generally parallel to the wall of which they are a part. 7. Stairways, balconies, door stoops, fire escapes, awnings, and planter boxes or masonry planters not exceeding thirty (30) inches in height. 8. Carports and loading docks in a side yard or rear yard, provided that such a structure is not more than one (1) story in height and is entirely open on at least three (3) sides, except for necessary supporting columns and customary architectural features. 3.31.100. Building Height A. Permitted Heights. A. 30 feet, or three stories, whichever is less: or b. 45 feet, or four stories, whichever is less, if. i. Residential uses constitute 20 percent or more of a building's gross floor area, and ii. Office, eating and entertainment, and/or retail sales and service use constitute ten percent or more of the building's gross floor area. c. Stealth telecommunication towers are permitted to a height of 75 feet. The Planning and Zoning Commission shall review the design of all proposed 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. d. Non -stealth telecommunication towers are permitted to a height of 60 feet. The Planning and Zoning Commission shall review the design of all proposed telecommunication towers through the Page 206 of 329 City of Rexburg Development Code mu - conditional use permit process, and provide a recommendation to the City Council. Any propose tower shall also be subject to the City's telecommunications tower ordinance which will requir certain residential setbacks and excluded areas. Note: Development in the low intensity mixed-use (MU -1) district is Buildin; height for all uses shall be measured from the top of the finished slab at grade level to the top of the highes wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described h WON= 3.31.105. Distance between Buildings The minimum distance between any accessory building and a main building on a lot in the MU -1 zone shall not bi less than ten (10) feet. The minimum distance between all other buildings shall be governed by the latest edition o the International Building Code or its replacement as adopted by the Rexburg.City Council. 3.31.110. Permissible Lot Coverage A. Lot Coverage a. Eighty (80) percent- Maximum allowable for all buildings and structures designated for single, family residential developments and mixed-use projects in which residential uses constitute greater than eighty-five (85) percent of gross floor area, or b. Ninety (90) percent- Maximum allowable lot coverage for commercial and institutional uses, and for mixed-use projects that include office, eating and entertainment, and/or retail sales and service uses that constitute fifteen (15) ten percent of more of gross B. Landscaping. Areas not included in lot coverage calculation shall be maintained in landscaping. Note Also see conditions for r aired landscape areas and buffer yards in WWAMBROOMP 3.31.115. Permissible Building Footprint In an MU -1 zone, all buildings and structures shall have a footprint of no more than twenty thousand am The Footprint shall be defined as the outline of the total mea covered by a building's perimeter at the ground level. 3.31.120. Parking, Loading, and Access Each lot or parcel in the MU -1 zone shall have, on the same lot or parcel, automobile puking sufficient to meet the requirements as set forth in Rexburg City Code unless otherwise specified below. The following parking guidelines shall apply to the MU -1 zone: A: Parking Lot Construction a. All parking spaces shall be paved with asphaltic cement or concrete and shall be provided with paved access from a public street. Said spaces shall be provided with adequate drainage which shall not ran across a public sidewalk. Puking spaces and maneuvering areas shall not be provided within a required front yard. B. Townhouses a. Townhouses in the MU -1 zone shall have a reduced minimum of one off street puking space per dwelling unit, with a maximum of two off-street parking spaces per unit. Three spaces are allowed if a tandem garage is used. A tandem garage includes a garage that is equal to two vehicles in de th (minimum depth of 36 feet), but only one vehicle in width (maximum garage door C. Mixed -Use Buildings and Projects a. For mixed-use buildings and projects within 500 feet of residentially zoned property, excluding other MU districts, the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section Melow, would allow a reduction in the total requirement for a mixed-use building or project. D. Joint Use Parting Facilities Page 207 of 3.29 City of Rexburg Development Code MU -1 Joint use parking facilities are encouraged within 500 feet of residentially zoned property, excluding other MU districts. Uses may provide more. than the maximum number of parking spaces if the additional spaces are provided as part of a joint use parking facility. However, if the joint use parking facility is a surface puking lot, the total number of spaces in the surface lot shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility. This limit shall not apply to a multilevel parking garage that is used as a joint use facility. Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted in writing to the City as part of a building permit application or site plan review: i. The names and addresses of the uses and of the owners or tenants that are sharing the parking; ii. The location and number of parking spaces that are being shared; iii. An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv. A legal instrument such as an easement or deed restriction that guarantees access to the joint parking for all uses. E. Historic Preservation a. Uses located in historically significant buildings shall be exempt from off-street parking requirements. For the purposes of this exemption, historically significant buildings shall include those determined by the historic preservation officer to be eligible, based on the applicable criteria, for: i. Listing in the National Register of Historic Places; or ii. Local designation as either Historic and Cultural Landmark ("HC') or Highly Significant Endangered ("HSE"). b. These ents su ersede the parking requirements of o,� re.....Lm 9 3.31.130. Landscaping and Buffers The requirements of Chapter 6, Article 3 apply, with the following provisions: A. Buffer Yard and Supplemental Building Setback i a For the purposes of this section, the low intensity mixed-use ("MU -1') district shall be considered a nonresidential district. b. A buffer yard and supplemental building setback are not required between the boundary of a one - or two-family development within the low intensity mixed-use ("MU -1") district and an adjacent one- or two-family district. c. All uses, other than one- or two-family adjacent to one- and two-family districts, shall conform to the su lemenml building setback and bufferyard width standards required for the . x e » Area Requirements. In addition, a transitional height plane of 45 degrees shall. apply to portions of a building above 45 feet or three stories, whichever is less. whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e. the portion of a building above 45 feet or three stories must be set back an additional foot for each additional foot in height. This standard is illustrated in Figure 1. These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two-famil districts that serve as ublic opens ace, such as parks and drainage ways. d. Note.: to reflect this standard. Page 208 of 329 City of Rexburg Development Code 45 feet Or 3 Uorlegi whfeh4veYisless MU -1 2tlb t'e6t frikem 1. MU+j Sdppie"mmlalBailding Setbaglt and Treasitjaaet'iHetglttPlaita B. Landscaping a. Submittal of landscape plan, The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. b. Landscape area required. When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level encroachments. This front ard landscaping must adhere to the tree and shrub planting requirements of ° . as well as other applicable landscaping requirements described or referenced within the MU -1 regulations. Street trees planted in the parkwag the property may be credited towards the tree planting abuttin requirement described it Section M. if the property owner assumes responsibility for their maintenance through formal agreement with the parka and community services department. This credit is applicable to properties with or without required front yard landscaping. Multifamily and mixed-use developments shall conform to the requirements of commercial and institutional uses in c. Irrigation. An irrigation system shall not be required if the landscape plan demonstrates that use of drought resistant plants does not require irrigation. Trees shall require an irrigation system, regardless of species, and the irrigation system may be provided entirely within the property boundary. d. Miscellaneous requirements. shall not apply. In addition to required trees and shrubs, all of the required landscape area must be covered with gress, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. e. Exemptions from landscape requirements. Maffiffffi= shall not apply. Construction and expansion of multifamily and mixed-use developments within the MU - .1 districts are not subject to the unified residential development provisions set forth in ., but are subject to the landscaping requirements described and/or referenced within the MU -1 regulations, which include provisions of the landscape ordinance. C. Landscaping in Parking and Driveway Areas a. Landscape islands shall be required in parking lots with 12 or more parking spaces. The total area of landscape islands shall equal at a minimum five square feet per parking space. b. Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls 36 to 42 inches in height. c. Driveways that are located adjacent and parallel to a public street shall be screened from the public right-of-way with landscaping, berths, fences,. or walls 36 to 42 inches in height. d. Signs. Sign requirements included in r district shall apply to the low intensity mixed-use ("MU -I") district, with the following exceptions: i. Pole signs are not allowed; ii. The maximum a e ate area for attached signs as described m �° aM �I ,:; and iii. Permitted detached signs shall be monument style and shall be limited to eight feet in height. Page 209 of 329 City of Rexburg Development Code MU-3 3.31.160. Other Development Standards A. Signs. All signs erected in the MU-1 zone shall be in conformance with the sign provisions of the Rexburg City Sign Cade, except for the following: a. Sign requirements included in shall apply to the low intensity mixed-use ("MU-1") district, with the following exceptions: i. Pole signs are not allowed; ii. The maximum as gregate area for attached signs as described in MUNIMMUUM and iii, Permitted detached signs shall be monument style and shall be limited to eight feet in height. B. Outdoor Storage or Display a. Outdoor storage or display requirements for the o district shall apply to the low intensity mixed-use ("MU-1 ") district. A. Entrances a. In order to create a pedestrian-oriented environment in which buildings are oriented toward . 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. The main entrance shall not be from a parking lot; however, secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. C. Uses within Buildings. All uses established in the MU-I zone shall be conducted entirely within a fully- enclosed building, exce t for sidewalk restaurants, which shall follow the provisions found in the development code for such uses t D. Landscaping. All landscaping in the MU-1 zone shall be consistent with landscaping requirements of the Development Code. E. Trash Storage. See Rexburg City Code. No trash containment device shall be placed in such a location as to be visible from the public right of way unless in preparation for pickup, and under no circumstance for any period greater than 24 hours prior to and subsequent to the regularly scheduled pickup for trash. B. Wells, Fences, and Gates a. 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 facades; i.e., these fences shall not be located in the area between building fagades and the property line. b. Fences not exceeding thirty-six (36) inches in height, however, may extend beyond the building facade of attached or detached one. and two-family residential dwellings in mixed-use zoning districts. c. A decorative masonry wall of at least six (6) feet in height shall be erected along all property lines which lie adjacent to a residential zone, except front yards, where the height of the fence shall not exceed thirty-six (36) inches. In the case where there is mutual agreement between the property owners of the commercial zone and the adjacent residential zone, the Planning and Zoning Commission shall give considerable weight to the wishes of the parties involved. A signed agreement must be submitted to the Planning and Zoning Commission or its designee, indicating the desires of the property owners. In the case where there no agreement can be reached, preference will be given to the masonry wall.: , 3.31.150. Reversion of Zoning If violations of the approval conditions for a rezone to the MU-1 Zone are documented and not corrected in a timely manner by property owner, property zoning will revert to the zone existing before application for the MU-1 zone. 3.31.170. Architectural Design Standards Architectural design requirements are found in Chapter 4.13 Supplementary Regulations under Commercial Design Standards. In addition to those standards, the following are applicable. Where the two sets of standards may conflict Page 210 of 329 City of Rexburg Development Code MU -1 the below standards shall be followed: A. Facade Design Standards for New Construction (existing buildings that undergo fapade Improvements and/or site improvements, shall not further deviate from these standards, but shall solve to implement as many ofAese standards as is feasible.) a. Statement of Intent- The following design standards are intended to encourage new buildings that complement neighborhood character, add, visual interest, and support a pedestrian -oriented environment. The standards are not intended4o encourage architectural uniformity Or the imitation of older buildings. ,, b. Required drawings. To illustrate compliance with the following standards, developers shall submit to the planning and development department elevation drawings for those building facades that are oriented to: L Publicstreets; ii. Private streets and walkways that are publicly accessible through a public use easement; or ill. Publicly accessible open space. c. Facade variation i. Each new building facade oriented to a publicly accessible street or open space shall at a minimum incorporate three or more of the following four scaling elements for building facades greater than 50 feet in width, and at least two of the following elements for building facades less than 50 feet in'width: 1. Expression of building structural elements such as: a. Floors (banding, belt courses, etc. not less than one inch deep end fear inches wide), b. Columns (pilasters, piers, quoins, etc, not less than four inches deep and six inches wide), or c. Foundation (water tables, rustication); 2. Variation in wall plane (not less than four inches) through the use of projecting and recessed elements. Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architactuml features, such as porches, alcoves, and roof dormers; 3. Changes in material or material pattern. Each change of material shall involve a minimum one -inch variation in well plane; end 4. Changes in color. H. New commercial and mixed-use building facades oriented to a publicly accessible street or open space shall include differentiation between the first or second level and the upper levels with a comice, canopy, balcony, arcade, or other architectural feature. iii. Each sequential block of new construction shall contain a unique building facade so as to encourage architectural variety within large projects, using the required architectural elements listed in Section (e)(i). above and/or other architectural features. iv. New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi -story buildings (Commercial floors and frontage within mixed-use buildings shall not be required to meet this standard). The multifamily design standards found in the HD.Rt end I-IDR2 standards shall apply as well. Where the two ordinances may conflict, this,sgtion shall be followed. d. Fenestration. New commercial building face des fronting on publicly accessible streets or open space shall be not less than 40 percent or more then 90 percent clear glazing. e. Building materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, ferta cotta, patterned pre -cast concrete, cement board siding, cast stone or prefabricated brick panels. f Building entries. I, Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. ii. Each retail use with exterior, street -oriented exposure shall have an individual public entry from the street. Page 211 of 329 City of Rexburg Development Code MU -1 iii. Primary entrances shall be provided at intervals not to exceed 125 linear feet of street - oriented residential building frontage. iv. Townhouses and other similar street level dwelling units within multi -unit structures shall ,have individual street -oriented entries for each unit. i 3.31.180. Administrative Review Requirements A. Conceptual Land Use Plan Developers of projects equal rto or larger than three acres in siu shall submit a conceptual land use plan for approval by the Director of Community Development or designee. The conceptual land use plan must be approved before a building permit application is accepted by the Department of Community Development. The Director of Community Development may require a conceptual land use plan for a project smaller than three acres if the project is part of a development equal to or larger than three acres in siu. a. Conceptual land use plan. The conceptual land use plan shall illustrate the proposed location of Ind uses on the site, using the following landose categories: L One- or two-family residential; ii. Multifamily residential; iii. Commercial; iv. Institutional; v. Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage rcqulrements.defined in Section 4.902.C.5.b); or vi. Public park. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. b. Project test. The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 66 2/3 percent of the total land area. The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district. If a development does not comply with this test, then the vicinity test described below shall apply. c. Vicinity test. Developments in which a single land use other than mixed-use buildings exceeds 66 2/3 percent of the site's total land area are permitted if: i. The planning and development director determines that the following conditions are satisfied: 1. The proposed land use at any location within the proposed development site must be within a walking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and 2. The percentage of any single land use category other than mixed-use buildings within a 1,000 -foot radius of any location within the proposed development site shall not be greater than 66'2/3 percent of the land area within the radius. The proposed development shall be included in the calculation of this percentage. Or, ii. The Director of Community Development determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of Section i. above impractical in certain areas of the development site. ' B. Conceptual Site Plan In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Department of Community Development for administrative review prior to submittal of permit applications for new construction projects. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. - 3.31.180. Lighting Standards Residential and Commercial Lighting Standards are applicable as described in Chapter 4.14, Supplementary Regulations. Factors such as location of housing (onsite and offsite) -and commercial land uses shall direct what standards aro applicable. Page 212 of 329