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HomeMy WebLinkAboutMU1 & MU2 Draft 9.17.2009 - 10-00045 - Development Code Amend. - Add MU1 & MU2 zonesCity 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 3.31.115. 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 7D��P 111-1 ] (37 MU -1 3.31.010. Purpose and Objectives It is the purpose and intent of the low intensity mixed-use ("MU -l") district to provide areas in which a variety of housing types may exist among neighborhood -serving commercial and institutional uses. The MU -I zone shall differ from the MU -2 zone by having a more residential intent rather than a commercial intent. The MU -1 zones is intended and therefore shall only be applied to areas that are designated Neighborhood Commercial/Mixed Use on the City's Comprehensive Plan map. And more specifically, the MU -1 zone should be applied to areas that are served by local roads and collector streets For land this is zoned MU -1, and is located within the Pedestrian Emphasis Zone Jsee Appendix Map HXXXI), _ .-.-- Comment[vc56]: should the P&z Commision additional land uses and dwelling units per acre are permitted as described below. establish new Mu Zona or wait until developers request them2 3.31.020. Permitted Uses A. Categories. Those uses or categories as listed herein, and no others, are permitted in the MU -1 zone except as otherwise stated. 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 -I 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 or and lot. All projects must comply with the "mix of use" requirements described in Section 4.902.M1. The permitted uses as defined below are required to be used in combination of residential and commercial Each building or project must have a minimum of 30% residential or commercial. The following principal uses and structures, and no others, are permitted in the MU -1 zone: SIC Code Use Add the Commercial uses for neighborhood commercial ----- Mutilate Family Dwelling ( -d 'to 1- an to t (10)7614 -wits e�e-hemmg Page 203 of 330 City of Rexburg Development Code 5410 Grocery Stores, Convenience (non fuel station) (less than 5 acres) 5420 Meats and Fish 5430 Fruits and Vegetable 5440 Candy, Nut. and Confection 5910 Drug and Proprietary Stores 5430 Fruits and Vegetables 5440 Candy Nut. and CcardectionerY 5450 Dairy Products 5460 Bakeries andDonghnul Shops 5810 Eating E e 1 d U o 5910 Books, Stationery, Ar[ and Hobby Supplies 5991 Florists 6100 Finance. Insurance and Real Estate Services 6220 Phonographic Service 6254 Shoe Repair Hat Cleanine Miscellaneous Retail Trade 6230 Beauty and Barber Shops 6251 Pressing, Alteration and Ganrnent Repair (no on-site dry cleaning) 6730 Postal Services 7398 Video Rental Shoe Repair, Hat Cleaning Day Care Centers MU -1 D. Permitted Accessory Uses. Accessory uses and structures may be permitted in the MU -1 zone, provided they are incidental to, and do not substantially alter, the character of the permitted use or structure. Such permitted accessory uses and structures include, but are not limited to, the following: a. Accessory buildings such as garages, carports, equipment storage buildings, and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the MU -1 zone. b. Storage of materials used for construction of a building, including the contractors temporary office, provided that such use is on the building site or immediately adjacent thereto and, provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter, but in no case for a period to exceed one (1) year. E. Conditional Uses. The conditional uses as defined below are required to be used in combination of residential and commercial. Each building or project must have a minimum of 15% residential or commercial The following uses and structures may be permitted in the MU -t zone only after a Conditional Use Permit has been issued, and subject to the terms and conditions thereof, and must be consistent with the Purpose and Objectives of the MU -1 zone. IC Code Use -------'Formatted: Tab stops: Not at 0.13" -- Comment [gMI. Do we need W add or. Formatted: Tab stops: Not at 0.13" "---"' Formattetl: Tab stops: Not at 0.13" ----- Mul('ple Family Dwelling f -d 't 1 and Dormitory H - between 17 and 20 units acre if part of mixed use building (see Lot Conflearation and IN 't section b I )24-nxits-per sere-0aorrag ---- Mixed -Use projects. Either vertical or horizontal. Containing only land uses (hat are �iihed_ pemitted or conditionallypemnitted in the MU -1 zone. 5230 Pain(, Glass, and Wall Paper 5251 Hardware 5256 Swimming Pool Supplies 5310 Shopping Centers (if Center is more than 5 acres but less than 10 acres) Containing only uses that are listed herein 5410 Grocery Stores (if Center is more than 5 acres but less than 10 acres) Containing only land use listed herein 5420 tests and -Fish 5440 FFa Is an, "egetables 5440 G;Rsoi ".,a.a;;e..ery 3910 Druga„r;etmya°ta.-es Page 204 of 330 CO ant [9591: So ifsomeone wanted retail betmv and once above, this would be a CUP? City of Rexburg Development Code MU -3 5440 5430 Dairy Products 100 Homes, insurance and Real Estate Sef ieu §220 Photographic -mss —Z4 Shea-Repair,—Ban C„eo:ang ---- Police Protection and Related Activities, Branch (Office only). ----- Dancing Schools 3.31.025.Oingle Ownership and Contro� --------------------- Comment(vte0]: why do we care? What about Land within a given MU -1 zone shall be in single ownership or single control in order to provide control over condo projects? development. Failure to maintain single ownership or single control may result in the initiation of action to return the property to the zone, or zones, existing prior to the establishment of the MU -1 zone. 3.31.030. Lot Area The minimum area of any lot or parcel of land in the MU -1 zone is eight thousand (8,000) sq. R. 3.31.040. Lot Width The minimum lot width in the MU -1 zone is sixty (60) feet. 1 3.31.045. Lot Depth The minimum lot depth in the MU -1 zone is sixty (60) feet. 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-twofour (224) 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. 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 be denied a building permit solely for reason of nonconformance with the parcel requirements of this Chapter. 3.10.070. Lot Configuration and Density A housing unit density of u0 to Tengimeen (106) units per acre is permitted. A housing density of up to'Pwenty-fear (20) units per -acre is allowable with a conditional use permit ifthe project includes office, eating , gnsdief retail qah,..q and s�.Piea uses that rang"finte fiftppn (15) pefeem or more of the gross floor area. Mixed use6 v -a�per dtCd-useq For land that is located within "Area #1" of the PEZ district (see Appendix Map #XXX), the dwelling unit density and permitted land uses shall be that of HDR42, ev,n if the omiset does not.. 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. c. 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 reductionnorare accessory buildings. Page 205 of 330 City of Rexburg Development Code MU -1 d. k5 Maximum setback, with the following provisions_ _ _--.--- ______-------------------------------------------- -------------- - - - - - Comment [vc61]: RemoveSecliom Does i. Campus development: Interior building constructed as part of a campus development this address the need for a"downtown"zero frons may be set back from the property line more than 20 feet if at least 50 percent of the yard allowance similar to Main Str..V Asan public street frontage on each block face within the development contains buildings example, continuing College and Center as they are re the firs) south block all the way to campus? within the maximum setback of 20 feet. Interior buildings set back farther than 20 Ceet 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 �ards Comment [962]: Might consider leavingme2o- a. Twenty (20) feet when adjacent to an area designated as residential on the Comprehensive Plan foot rear yard setback as it will protect adjacent Map. Of that required yard, the ten (10) feet adjacent to the residentially designated area must be property and encourage buildings to be brought landscaped and include trees and shrubs. forward to the meet. b. Five (5) feet when adjacent to any area of land that is designated for a non-residential land use on the Comprehensive Plan. For the purposes of administering this section "Neighborhood Commercial/Mixed-Use" designation on the Comprehensive Plan shall not be considered a residential zone. C. Side Yard. The following are the minimum depth of side yards a. Minimum side yard when adjacent to a residential zone or area 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 that has windows facing to theat side. This is only from building to buildin j.` ------------ Comment [963]: Maybejust make it 10 -feet as a 1zc E cent as respired above no side vard setbacks are reouired minimum. This may eneouage the consolidation of lots. D. Underground Parking garages. E. Accessory Building Setbacks. Accessory buildings must meet all setback requirements established by any applicable building code, and shall: 8. Have a building footprint and height less than the main dwelling. Accessory buildings larger than one hundred and twenty (120) square feel 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 zone. 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 (I5) feet from the alley. 3.31.090. Projections Into Yards A. Permitted Projections. The following structures may be erected on or projected into any required yard, except for a required driveway: 4. Fences and walls in conformance with the Rexburg City Code and other City codes and ordinances. S. Landscape elements including trees, shrubs, turf, and other plant materials. 6. Necessary appurtenances for utility service. Page 206 of 330 Comment [v:64]: Should we let the building code handle this problem? Comment [Va65]: Allow and add language the same as to other parrs of the ordinance? City of Rexburg Development Code MU -1 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 (l) 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. 45 feet for all buildings e.b_Stealth telecommunication towers are permitted to a height of 75 feet. The Planning and Vonind_---- -- Comment[g66]: Maybe we shoulajmtmfer to Commission shall review the design of all proposed stealth telecommunication towers through the ora communications ordinance? 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:c_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 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 residential setbacks and excluded areas. Note: . Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest 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 deseribedin Section 6.100.5. 3.31.105. Distance between Buildings The minimum distance between any accessory building and a main building on a lot in the MU -I zone shall not be less than ten kI0) Meet. The minimum_ distance between all other buildings shall be governed by the latest ed_ ition of _ Comment [vc67]: Du we the International Building Code or its replacement as adopted by the Rexburg City Council. 3.31.110. Permissible Lot Coverage A. Lot Coverage. Maximum lot coverage is 90%. Lot coverage Includes all buildings and structures, Including areas of hard surface such as sidewalks, driveways, parking. etc. Page 207 of 330 City of Rexburg Development Code MU -1 B. Landscaping. Areas not included in lot coverage calculation shall be maintained in landscaping. Note: Also see conditions for required landscape areas and buffer yards in Chapter 6, Article 3, and D, Other Development Standards, found below. 1 3.31.116. Permissible Building Footprint I___ _ __ ------------ -------Comment[vc691: whydo we E -o In an MU -1 zone, all buildings and structures (not including hard surface parkin¢ lots drivewaysl shall have a footprint of no more than twenty thousand (20,000) square feet.- The Footprint shall be defined as the outline of the total area covered by a building's perimeter at the ground pevet-.- Comment [969]: Howdoes this relate to a PEz _---------______----_-----_.---------------------_-_. donnimrY hnildingT 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 parking 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 -I 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 run across a public sidewalk. Parking spaces and maneuvering areas shall not be provided within a required front yard. B. Townhouses a. Townhouses included as part of aiu-the MU -1 zone shall have A red lead minim am of are off two off-street parking spaces per unit. an alley. Three spaces are allowed if a tandem garage is used. A tandem garage includes a garage that is equal to two vehicles in depth (minimum depth of 36 feet), but only one vehicle in width (maximum garage door width of 12 feet). C. Mixed -Use Buildings and Projects a. For mixed-use buildings and projects, with n 500 feet of resident ally yAmed paelset4j% eakeluding other MU disifiets, 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 a below, would allow a reduction in the total requirement for a mixed-use building or project. D. Joint Use Parking[Facilitlei a. Joint use parking facilities are excluding other MU astrals. I throes - 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: barking; i6i_The location and number of parking spaces that are being shared; ii6ii_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, 4 ii_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 Page 208 of 330 Comment [970]: Tbis eliminates srretlscapes dominated by driveways. Comment [9711: Have to look at this more lowly. City of Rexburg Development Code MU -1 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 IIighly Significant Endangered ("HSE"). These requirements supersede the parking requirements of Section 6.20 In. All other requirements of Chapter 6, Article 2 apply 3.31.130. Landscaping and Buffers The requirements of Chapter 6, Article 3 apply, with the following provisions: A_--,1---" Formatted: Numbered + Level: l+ A Buffer Yard and �46hi------- ---------------_________----------- Numbering Style: A, 8, C, ... +Start at: l+ a Far the purposes of fl is, seetie , !he low imens ty mixed use ("MU 1 ") district slAlignment: Left + Aligned at: 0.25' + Indent at: 0.5" �� Comment [972]: Have to look at Ibis more ef twe family development within flne is%' intensity Mixed use ("MIJ 1") district and an adjoeen wely. one op..�rt e. All uses, Other than one of two family aEl[laeerut to one -- -hall eflinym to supplemental building setback and buffefyrad the neighbafhee IN WON 0101,1010,11,11 60 feet height limit for 45 feet or 3 stories,=� 45° mixed-use buildings whichever is less _ 200 feet Figure I. MU -I Supplemental Building Setback and Transitional Height Plane B. Landscaping a. Submitral 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 yard landscaping must adhere to the tree and shrub planting requirements of Section 6.301.H. as well as other applicable landscaping requirements described or referenced within the MU -I regulations. Street trees planted in the parkway abutting the property may be credited towards the tree planting requirement described in Section 6.30LH. if the property owner assumes responsibility for their maintenance through formal agreement with the parks 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 Page 209 of 330 Comment reflect allow City of Rexburg Development Code MU -1 Section 6.301.H. 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. Sections 6.301.J.3. and 6.30 LJ.4. shall not apply. In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. e. Exemplions from landscape requirenteuts. Section 6.30 LG.3. 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 Section 6.506, except for 6.506.11, but are subject to the landscaping requirements described and/or referenced within the MU -I 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, berms, fences, or walls 36 to 42 inches in height. d. Signs. Sign requirements included in chapter 6, article 4 for the neighborhood commercial ("E") district shall apply to the low intensity mixed-use ("MU -1") district, with the following exceptions: L Pole signs are not allowed; ii. The maximum aggregate area for attached signs as described in Section 6.404 E. shall be 200 square feet per facade; and iii. Permitted detached signs shall be monument style and shall be limited to eight feet in height. 3.31.160. Other Development Standards A. Signs. All signs erected in the MU -1 zone shall be in conformance with the sign provisions ofthe Rexburg City{__ -- Comment [g741: May move this to the sign Sign Code, except for the following: ordinance. a. Sign requirements included in chapter 6, article 4 for the neighborhood commercial ("E") 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 aggregate area for attached signs as described in Section 6.404 E. shall be 200 square feet per facade; 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 neighborhood commercial ("E") 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 -1 zone shall be conducted entirely within a fully - enclosed building, except for sidewalk restaurants, which shall follow the provisions found in the development code for such uses (See Section XXX). D. Landscaping. All landscaping in the MU -1 zone shall be consistent with landscaping requirements of the Development Code(. Comment [975]: Need to define landscaying __-____________________________________________------____--_-._____--_-_---____._.-__________— - regmremenis. Page 210 0£330 City of Rexburg Development Code MU -1 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. Walls, 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 fafades; 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 deeetefive-masomy-walivinvl fence 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. Is the, --•- w "--- there • - _s __-- � 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. Page 211 of 330 _- Comment [Q76]: Orsubtait all building elevatlons. City of Rexburg Development Code MU -1 :dOR^^w "ad non residential within !he saffwbuMng-, meeting the pW eentage requifements defin,a..:: £: . on 4.902.^. bi, 0 vi. Publie parrF PflFIEI"g facilities amid PFB�te open spaces shall be elassified the same as !be prinnary land use the5 sewn Page 212 of 330 ------ Comment [977]: How does this relate to the requirements of the INR provisions when .M, project is within the PEZ houndary. Comm@ [979]: M we W.O.t.a...ry, I would doubt that. so we need to work on this. City of Rexburg Development Code MU -3 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 (suite and offsite) and commercial land uses shall direct what standards are applicable. Page 213 of 330