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The MX-1 Mixed Use Overlay District is a zoning classification which permits owners of property within any zone other than R-1 One Family Residential and R-2 One Family Residential zones to petition City Council to establish an overlay district, and the district use regulations as set forth herein, on their property. Upon the filing of such petition, the petition shall be treated as a request for a zoning change and shall proceed under the Zoning Code in the same manner as a zoning classification change.
(Ord. 2014-06, passed 10-13-2014; Ord. 2016-03, passed 3-14-2016)
(A) Uses within the MX-1 Mixed-Use Overlay District. Uses shall be permitted in accordance with the use table set forth herein. Where indicated under column P, the use shall be permitted as of right. Where the use is indicated under column C, the use shall be conditioned upon approval of the Planning Commission, which conditions and procedures are set forth hereinafter. The use table is as follows:
USE GROUP Use category Specific use type | P | C |
USE GROUP Use category Specific use type | P | C |
RESIDENTIAL | ||
Household Living | ||
Artist live/work space located above the ground floor | * | |
Artist live/work space, ground floor | * | |
Dwelling units located above the ground floor | * | |
Detached house | * | |
Multiunit (3+ units Residential) | ||
Single-room occupancy | * | |
Townhouse | * | |
Two-flat | * | |
Group Living | ||
Assisted living/adult foster care/home for the aged | * | |
Group home | * | |
Nursing home | * | |
Temporary overnight shelter | * | |
Transitional residences | * | |
Transitional shelters | * | |
PUBLIC AND CIVIC | ||
Colleges and universities | * | |
Cultural exhibits and libraries | * | |
Day care | * | |
Hospital | * | |
Lodge or private club | * | |
Public recreation | * | |
Postal service | * | |
Public safety services | * | |
Religious assembly | * | |
School | * | |
Utilities and service, minor | * | |
Utilities and service, major | * | |
COMMERCIAL | ||
Adult use | * | |
Animal services | ||
Sales and grooming | * | |
Veterinary | * | |
Drive-through facility | * | |
Eating and drinking establishments | ||
Restaurant | * | |
Tavern | * | |
Entertainment and spectator sports | ||
Small (1-149 seats) | * | |
Financial services | * | |
Food and beverage retail sales | * | |
Gas stations | * | |
Lodging | ||
Small (1-16 guest rooms) | * | |
Medical service | * | |
Office | * | |
Parking, commercial(non-accessory) | * | |
Personal service, including health clubs and gyms | * | |
Repair service, consumer, including bicycles | * | |
Retail sales, general | * | |
INDUSTRIAL | ||
Manufacturing, Production and Industrial Services | ||
Artisan (hand tools only; e.g. jewelry or ceramics) | * | |
OTHER | ||
Wireless Communications Facilities | ||
Co-located | * | |
Freestanding | * | |
P= Permitted by right C= Conditional use | ||
(B) Parameters and procedures for conditional uses. Where the use is determined to be a conditional use, the applicant must seek a permit for such use by the Planning Commission subject to the conditions imposed in this section and subject further to such other conditions which in the opinion of the Planning Commission are necessary to provide adequate protection to the neighborhood and abutting properties and subject further to Planning Commission review, including a public hearing, in accordance with § 82-34. Such permit request for conditional use should be filed at the same time as the petition under § 82-513.
(Ord. 2014-06, passed 10-13-2014)
All permitted or conditional uses are subject to the following required conditions:
(A) Indoor/outdoor operations. All permitted uses in the MX-1 District must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.
(B) Off-street parking.
(1) Off-street parking requirements for residential uses shall be the same as the underlying, non-mixed-use zoning.
(2) No off-street parking is required for non-residential uses in MX-1 Districts unless such uses exceed 3,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 3,000 square feet.
(3) Off-street parking spaces must be located to the rear of the principal building or otherwise screened so as to not be visible from public right-of-way or residential zoning districts.
(C) Transparency.
(1) A minimum of 60% of the street-facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space of product display areas.
(2) The bottom of any window or product display window used to satisfy the transparency standard of division (1) above may not be more than four feet above the adjacent sidewalk.
(3) Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted.
(D) Doors and entrances.
(1) Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
(2) Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(E) Vehicle and driveway access. No curb cuts are allowed for lots that abut alleys.
(Ord. 2014-06, passed 10-13-2014)
(A) Commercial establishment size limits. The gross floor area of commercial establishments in the MX-1 district shall not exceed 15,000 square feet.
(B) Floor-to-floor heights and floor area of ground-floor space.
(1) All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 11 feet.
(2) All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area:
(a) At least 800 square feet or 25% of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or
(b) At least 20% of the lot area on lots with 50 feet of street frontage or more.
(C) Lot area per unit (density). The minimum lot area per dwelling unit shall be 750 square feet for mixed-use buildings and 1,000 square feet for all other buildings.
(D) Floor area ratio (FAR). The maximum FAR shall be 4.0.
(E) Setbacks.
(1) The entire building facade must abut front and street side property lines or be located within ten feet of such property lines.
(2) There is no minimum rear setback except when MX-1 zoned property abuts R-zoned property, in which case the minimum rear setback required in the MX-1 zone shall be the same as required for a residential use on the abutting R-zoned lot.
(3) No interior side setbacks are required in the MX-1 District, except when the MX-1-zoned property abuts R-zoned property, in which case the minimum side setback required in the MX-1 district shall be the same as required for a residential use on the abutting R-zoned lot.
(F) Building height. The maximum building height shall be 50 feet.
(Ord. 2014-06, passed 10-13-2014)
ARTICLE XXV. COMMERCIAL
CANNABIS OVERLAY DISTRICTS
This article shall be known as the “City of Charlotte Commercial Cannabis Overlay Districts.” The overlay districts, designated as Commercial Cannabis Overlay District # 1, Commercial Cannabis Overlay District# 2, Commercial Cannabis Overlay District# 3 (North) and Commercial Cannabis Overlay District # 3 (South) are hereby established.
(Ord. 2023-05, passed 8-21-2023)
The purposes of the Commercial Cannabis Overlay Districts are to:
(A) Accommodate the processing, retail sale, testing, and secure transportation of cannabis I marijuana products within certain districts within the city limits under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (“MMFLA”) as amended, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 (“MRTMA”), as amended.
(B) Require concentration of processing, retail sale, testing, and secure transportation of cannabis/ marijuana products within a smaller geographic area that may reduce noise, odor, vehicle traffic congestion, excessive parking needs, and security, fire, and police response.
(C) Promote that neighborhood character is preserved, commercial activities developed and increased, employment opportunities expanded, and positive planned land use developed.
(Ord. 2023-05, passed 8-21-2023)
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