The text
10-13G-1: - PURPOSE:#
A.
The purpose of the mixed use zone (MU) is to encourage the development of areas as a mix of compatible residential and commercial uses. The district is to provide for commercial use opportunities while preserving the attractiveness of the area for residential use and to ensure compatibility. The district is intended to provide a higher level of control over nonresidential uses to ensure that the use and enjoyment of residential properties is not substantially diminished by nonresidential redevelopment. The intent of this district shall be achieved by designating development and redevelopment to comply with established standards for compatibility and buffering as set forth in this article. It also encourages the assembly of properties in a unified plan to create a coordinated and harmonious development. This will promote outstanding design without unsightly and unsafe development. Specific measures to mitigate negative impacts of mixed use developments include standards for fencing, landscaping, lighting, noise, odor, screening, signage, vehicular access and design consideration which will be required at the time of design and site approval.
(Ord. 647, 7-19-2005)
10-13G-2: - SITE DEVELOPMENT STANDARDS:#
A.
Commercial:
Minimum lot area None
Minimum lot width None
Minimum yard setbacks:
Front 50 feet, except if planning commission deems a different setback is necessary
Corner side 20 feet, except if planning commission deems a different setback is necessary
Interior side None, except if planning commission deems a reasonable setback is necessary
Rear None, except if planning commission deems a reasonable setback is necessary
Building height:
Minimum 1 story
Maximum None, except if planning commission deems a height restriction is necessary
Maximum lot coverage Not over 45 percent of the lot area by buildings or accessory buildings
B.
Residential:
Density No more than 13 dwelling units per acre including townhouses and condominiums
Lot area Single-family or two-family dwelling a minimum of 12,000 square feet
Other dwelling types, including townhouses and condominiums, no minimum lot area but the density requirement listed above must be adhered to in all cases
Lot width Each lot shall have a minimum width of 100 feet, which includes single-family, two-family, townhouses and condominiums
Setbacks:
Main buildings:
Front 30 feet from front property line
Side 10 feet minimum for each side except 20 feet minimum for side fronting on a street
Rear 30 feet from rear property line
Detached accessory buildings and garages:
Front 30 feet from all front lot lines
Side/rear Same as for dwelling, except when the structure is at least 10 feet behind the main building or 10 feet behind a line extending from the rear corners of the main building to the side lot lines parallel to the rear lot line(s); the side and rear setbacks may be reduced to 1 foot; provided, that the structure must be at least 20 feet from main buildings on adjacent lots; and on corner lots the minimum setback for a side facing a street is 20 feet and minimum rear setback adjacent to a side lot line is 10 feet
(Ord. 658, 4-18-2006)
10-13G-3: - SPECIAL REGULATIONS:#
A.
Per the planning commission discretion, at the preliminary review stage commercial and residential ratios may be imposed for the uses on the property.
B.
Per the planning commission discretion open space and trail connections throughout the project site may be required.
C.
Approval of uses shall be reviewed and approved by the planning commission prior to issuance of a business license.
(Ord. 647, 7-19-2005)
10-13G-4: - USES:#
A.
All uses in a mixed use zone shall be reviewed or considered by the planning commission. Uses deemed inappropriate because of being adverse or having a potential negative impact on people, uses or property in the development area shall not be allowed. Possible potential uses would include:
Accessory retail sales and services when located within a principal building.
Adult daycare centers.
Amusement enterprises including:
Bowling alley.
Dance studio.
Gymnasium.
Park and playground.
Recreation facilities (private and public).
Roller skating rink.
Theater:
Movie, indoor.
Performing arts production facility with live performance.
Animal service including:
Doggie daycare, conducted in a completely enclosed building.
Grooming for cats and dogs.
Hospital, small animal only and services conducted in a completely enclosed building.
Art galleries.
Assisted living facility.
Bed and breakfast.
Car wash, manual and professional.
Child daycare/preschool centers.
Church, place of worship.
Cleaning:
Dry cleaning/laundromat.
Clinics:
Medical and dental offices/clinics.
Optometrist, optician or oculist.
Physician or surgeon.
Community gardens.
Day spa (bath and massage establishment).
Dwelling unit above first floor commercial or office.
Financial institutions with or without drive-through facilities.
Hotel/motel.
Library.
Multi-family dwellings (condo/townhouse).
Museum.
Nature preserves/conservation areas.
Nursery school and preschool.
Office, research related.
Offices:
Accountant.
Employment agency.
Government offices.
Legal.
Medical.
Professional.
Real estate agency.
Travel agency.
Parking (park and ride lots not allowed):
Off site parking.
Structure.
Public/private utility buildings and structures.
Public/private utility transmission wires, lines, pipes and poles.
Reception center/wedding chapel.
Restaurant (with or without drive-through facilities):
Cafe or cafeteria.
Catering establishment.
Delicatessen.
Ice cream parlor.
Retail goods establishments.
Retail service establishments.
Single-family attached/detached dwellings.
Transportation terminals (bus and rail).
Vending carts on private property.
B.
Not permitted in this zone would be sexually oriented business (SOB) per subsection 3-5-11B of this code or clubs, lounges, taverns or any establishment whose primary propose is the sale of alcoholic beverage.
(Ord. 658, 4-18-2006; amd. Ord. 802, 4-3-2012)
10-13G-5: - HOURS OF OPERATION:#
Hours of operation are to be set by the planning commission after considering the impact to surrounding areas. General guidelines could include, but are not limited to, businesses not to be open before six o'clock (6:00) A.M. or after eleven o'clock (11:00) P.M.
(Ord. 647, 7-19-2005)
10-13G-6: - BUSINESSES AND USES:#
The uses in this article shall be permitted only under the following conditions: no outside storage except for two (2) business delivery vehicles, three-quarter (3/4) ton or smaller (unless otherwise specified by the planning commission).
(Ord. 647, 7-19-2005)
10-13G-7: - FENCING:#
Fencing may be required per the planning commission discretion for use as a buffer to adjacent properties. Fences shall be decorative, durable and of a height set forth in the site plan approval.
(Ord. 647, 7-19-2005)
10-13G-8: - LANDSCAPING:#
All front, corner side, and rear (that abuts a public street) yards shall be maintained as landscaped yards. Twenty percent (20%) of the total site excluding parking area shall be landscaped with landscaping plans approved by the planning commission. A.
Parking area landscaping shall be ten percent (10%) of the parking surface with plans approved by the planning commission.
B.
All landscaped areas planted with live plant material shall include an appropriate automatic irrigation system. The owner, tenant and any agent shall be jointly and individually responsible for the maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat and orderly appearance.
(Ord. 647, 7-19-2005)
10-13G-9: - LIGHTING:#
Lighting shall be low intensity, shielded from uses on adjoining lots and directed away from adjacent property in a residential zone or an adjacent residential use. Lighting cannot impact residential uses. All parking luminaries except those required for security must be extinguished one hour after the end of business hours. The exception for security lighting applies to twenty-five percent (25%) of the total luminaries used. A higher percentage of security lighting may be approved at the discretion of the planning commission.
(Ord. 647, 7-19-2005)
10-13G-10: - NOISE:#
The noise level emanating from any use or operation shall not exceed the state health department standards of the area measured at the property line.
(Ord. 647, 7-19-2005)
10-13G-11: - ODOR:#
No use shall be permitted which creates an objectionable odor in such quantity as to be readily detectable beyond the boundaries of the site.
(Ord. 647, 7-19-2005)
10-13G-12: - SCREENING:#
Screening shall be approved by the planning commission to minimize noise and visibility from on site parking areas, adjacent public streets and adjacent residentially zoned property.
(Ord. 647, 7-19-2005)
10-13G-14: - ACCESS:#
The number of access points along public streets shall be minimized by sharing and linking parking areas with adjacent properties. Reciprocal ingress and egress, circulation and parking agreements shall be required to facilitate the ease of vehicular movement between adjoining properties. On corner sites, access points shall be located as far from the corner as reasonably possible per discretion of the public works director from the point of intersection of the property lines. Vehicular circulation shall be designed to limit the intrusion of traffic into residential areas and minimize access on streets used by schoolchildren.
(Ord. 647, 7-19-2005; amd. Ord. 854, 5-6-2014)
10-13G-15: - DESIGN CONSIDERATION:#
Per the planning commission discretion, the development shall provide on site amenities and appropriate buffering to adjacent properties and uses. The scale of the development shall be in character with the surrounding land uses and the development shall have a residential character if adjacent to residential areas. Any properties currently abutting a residential street or residents shall create and maintain the residential nature.
(Ord. 647, 7-19-2005)