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(a) In general. Single or multiple uses may be developed on one site in a mixed use district as in any other district; however, in order to encourage a mixture of uses and promote innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel, density bonuses are awarded to developments that qualify as “mixed use projects” as defined in Subsection (b). If a development does not qualify as an MUP, it is limited to a “base” dwelling unit density and floor area ratio. When a development qualifies as an MUP, it earns a higher maximum dwelling unit density and floor area ratio and, in some instances, a greater maximum structure height. Additional FAR bonuses are incrementally awarded to encourage the inclusion of “residential” as part of an MUP. The exact increments of increase vary depending on the actual use categories mixed and the district that the MUP is in. For more information regarding the exact increments of increase, consult the yard, lot, and space regulations in this section governing the particular district of interest.
(b) Qualifying as a mixed use project. To qualify as a MIXED USE PROJECT (MUP) for purposes of this section, a development must contain uses in two or more of the following categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project:
MU-1 AND MU-1(SAH) DISTRICTS
| |
Use Category
|
% of Total Floor Area
|
Lodging | 15% |
Office | 15% |
Residential | 15% |
Retail and personal service | 10% |
MU-2 AND MU-2(SAH) DISTRICTS
| |
Use Category
|
% of Total Floor Area
|
Lodging | 10% |
Office | 15% |
Residential | 10% |
Retail and personal service | 5% |
MU-3 AND MU-3(SAH) DISTRICTS
| |
Use Category
|
% of Total Floor Area
|
Lodging | 10% |
Office | 15% |
Residential | 10% |
Retail and personal service | 5% |
Wholesale, distribution, and storage | 15% |
(c) Mixed use project (MUP) regulations.
(1) If an MUP is proposed, a project plan must be submitted to and approved by the building official.
(2) If an MUP is constructed in phases:
(A) the first phase must independently qualify as an MUP under Subsection (b); and
(B) each subsequent phase combined with all previous phases already completed or under construction must also qualify as an MUP under Subsection (b).
(3) An MUP may consist of two or more building sites if they are developed under a unified development plan. The plan must be:
(A) signed by or on behalf of all of the owners of the property involved;
(B) approved by the building official; and
(C) filed in the deed records of the county where the property is located.
(4) When an MUP consists of multiple building sites, its development standards and off-street parking and loading requirements are calculated by combining the sites and treating them as a single building site.
(d) MU-1 and MU-1(SAH) districts.
(1) Purpose. To provide for the development of moderate density retail, office, and/or multifamily residential uses in combination on single or contiguous building sites; to encourage innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel. Additionally, the MU-1(SAH) district is created to encourage the provision of affordable housing.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory. [SUP]
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university or seminary.
-- Community service center. [SUP]
-- Convalescent and nursing homes, hospice care, and related institutions. [RAR]
-- Convent or monastery.
-- Foster home.
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Hotel or motel. [RAR] or [SUP] [See Section 51A-4.205(1).]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory, fraternity, or sorority house.
-- Duplex.
-- Group residential facility. [See Section 51A-4.209(3).]
-- Handicapped group dwelling unit. [See Section 51A-4.209 (3.1).]
-- Multifamily.
-- Residential hotel.
-- Retirement housing.
-- Single family.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Car wash. [RAR]
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Paraphernalia shop. [SUP]
-- Personal service uses.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Recycling buy-back center [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
(3) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in this district:
-- Private stable.
(B) In this district, the following accessory use is permitted by SUP only:
-- Accessory helistop.
(C) In this district, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
Except as provided in this paragraph, the following yard, lot, and space regulations apply:
(A) Front yard.
(i) In general. Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) In general. Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height, up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density.
(i) MU-1 district. Maximum dwelling unit density varies depending on whether the development is a "mixed use project" as follows:
MAXIMUM DWELLING UNIT DENSITY (dwelling units per net acre) | ||
Base (No MUP) | MUP with Mix of 2 Categories | MUP with Mix of 3 or More Categories
|
15 | 20 | 25 |
(ii) MU-1(SAH) district. Maximum dwelling unit density varies depending on whether a density bonus is obtained in accordance with Division 51A-4.900 and the development is a "mixed use project" as follows:
MAXIMUM DWELLING UNIT DENSITY (dwelling units per net acre) | |||
Percentage of SAH Units Provided
|
Base (No MUP)
|
MUP with Mix of 2 Categories | MUP with Mix of 3 or More Categories
|
0% | 10 | 15 | 20 |
20% | 15 | 20 | 25 |
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a "mixed use project" as follows:
[Note: The first column is the base FAR, which applies when there is no MUP. The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use categories when neither category is "residential." The third column (MUP=2/with Res) is the FAR for an MUP with a mix of "residential" plus one other use category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of three or more use categories, none of which is "residential." The fifth column (MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or more other use categories.]
MAXIMUM FLOOR AREA RATIO
| |||||
Use Categories
|
Base (no MUP) |
MUP=2 (no Res) | MUP=2 (with Res) | MUP=3 (no Res) | MUP=3 (with Res) |
Lodging | 0.8 | 0.85 | 0.9 | 0.85 | 0.95 |
Office | 0.8 | 0.85 | 0.9 | 0.85 | 0.95 |
Residential | 0.8 | --- | 0.95 | --- | 0.95 |
Retail and personal service | 0.4 | 0.5 | 0.5 | 0.6 | 0.6 |
TOTAL DEVELOPMENT | 0.8 | 0.9 | 1.0 | 1.0 | 1.1 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height varies depending on whether the development is a "mixed use project" as follows:
[Note: The first column is the base height, which applies when there is no MUP. The second column (MUP/No Retail) is the height for an MUP with a mix of two use categories when neither category is "retail and personal service." The third column (MUP/with Retail) is the height for an MUP with a mix of "retail and personal service" plus one or more other use categories.]
MAXIMUM STRUCTURE HEIGHT (in feet) | ||
Base (No MUP) | MUP with Mix (No Retail) | MUP (with Retail) |
80 | 90 | 120 |
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories.
(i) Maximum number of stories above grade is:
(aa) seven when the maximum structure height is 90 feet; and
(bb) nine when the maximum structure height is 120 feet.
(ii) Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(I) Development bonuses for mixed-income housing. In an MU-1 district, certain regulations vary depending on whether a development bonus is obtained in accordance with Division 51A-4.1100 as follows:
(i) Maximum dwelling unit density. Except as provided in this paragraph, the following density bonuses apply:
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Additional Maximum Unit Density: 51A-4.125(d)(4)(C), plus:
|
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Additional Maximum Unit Density: 51A-4.125(d)(4)(C), plus:
| |
MVA Category A, B, C | 5% at Income band 3 | 65 per acre |
5% at Income band 3; and 5% at Income band 2 | 80 per acre | |
5% at Income band 3; 5% at Income band 2; and 5% at Income band 1 | 105 per acre | |
MVA Category D, E, F | 5% at Income band 2 | 65 per acre |
10% at Income band 2; | 80 per acre | |
10% at Income band 2; and 5% at Income band 1 | 105 per acre | |
MVA Categories G, H, I | 5% at Income band 1 | 105 per acre |
(ii) Residential proximity slope. In addition to the items listed in Section 51A-4.408(a)(2)(A), the following additional items may project through the residential proximity slope to a height not to exceed the maximum structure height, or four feet above the slope, whichever is less:
(aa) railings;
(bb) parapet walls;
(cc) trellises; and
(dd) structures such as wind barriers, wing walls, and patio dividing walls.
(iii) Floor area ratio. In calculating the maximum floor area ratios in Subparagraph (D), residential uses are not included.
(iv) Developments with transit proximity. For developments with transit proximity as defined in Section 51A-4.1102, an additional bonus of 15 dwelling units is allowed and the maximum lot coverage is 85 percent.
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(SAH), MF-1(A), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 1A-4.412.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use.
(e) MU-2 and MU-2(SAH) districts.
(1) Purpose. To provide for the development of medium density retail, office, hotel, and/or multifamily residential uses in combination on single or contiguous building sites; to encourage innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel. Additionally, the MU-2(SAH) district is created to encourage the provision of affordable housing.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory.
-- Tool or equipment rental.
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university or seminary.
-- Community service center. [SUP]
-- Convalescent and nursing homes, hospice care, and related institutions. [RAR]
-- Convent or monastery.
-- Foster home.
-- Halfway house. [SUP]
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Hotel or motel. [RAR]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP]
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory, fraternity, or sorority house.
-- Duplex.
-- Group residential facility. [See Section 51A-4.209(3).]
-- Multifamily.
-- Residential hotel.
-- Retirement housing.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Car wash. [RAR]
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Convenience store with drive-through. [SUP]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Household equipment and appliance repair.
-- Liquor store.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Paraphernalia shop. [SUP]
-- Personal service uses.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Helistop. [SUP]
-- Railroad passenger station. [SUP]
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Recycling buy-back center [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
(3) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in this district:
-- Private stable.
(B) In this district, the following accessory use is permitted by SUP only:
-- Accessory helistop.
(C) In this district, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
Except as provided in this paragraph, the following yard, lot, and space regulations apply.
(A) Front yard.
(i) In general. Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) In general. Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density.
(i) MU-2 district. Maximum dwelling unit density varies depending on whether the development is a "mixed use project" as follows:
MAXIMUM DWELLING UNIT DENSITY (dwelling units per net acre) | ||
Base (No MUP) | MUP with Mix of 2 Categories | MUP with Mix of 3 or More Categories
|
50 | 75 | 100 |
(ii) MU-2(SAH) district. Maximum dwelling unit density varies depending on whether a density bonus is obtained in accordance with Division 51A-4.900 and whether the development is a "mixed use project" as follows:
MAXIMUM DWELLING UNIT DENSITY (dwelling units per net acre) | |||
Percentage of SAH Units Provided
|
Base (No MUP)
|
MUP with Mix of 2 Categories | MUP with Mix of 3 or More Categories
|
0% | 30 | 45 | 60 |
5% | 33 | 50 | 65 |
10% | 37 | 55 | 70 |
15% | 42 | 60 | 75 |
20% | 50 | 75 | 100 |
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a "mixed use project" as follows:
[Note: The first column is the base FAR, which applies when there is no MUP. The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use categories when neither category is "residential." The third column (MUP=2/with Res) is the FAR for an MUP with a mix of "residential" plus one other use category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of three or more use categories, none of which is "residential." The fifth column (MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or more other use categories.]
MAXIMUM FLOOR AREA RATIO
| |||||
Use Categories
|
Base (no MUP) |
MUP=2 (no Res) |
MUP=2 (with Res) |
MUP=3 (no Res) |
MUP=3 (with Res) |
Lodging | 1.6 | 1.7 | 1.8 | 1.8 | 1.9 |
Office | 1.6 | 1.7 | 1.8 | 1.8 | 1.9 |
Residential | 1.6 | -- | 1.8 | -- | 1.9 |
Retail and personal service | 0.6 | 0.7 | 0.7 | 0.8 | 0.8 |
TOTAL DEVELOPMENT | 1.6 | 1.8 | 2.0 | 2.0 | 2.25 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height varies depending on whether the development is a "mixed use project" as follows:
[Note: The first column is the base height, which applies when there is no MUP. The second column (MUP/no Retail) is the height for an MUP with a mix of two use categories when neither category is "retail and personal service." The third column (MUP/with Retail) is the height for an MUP with a mix of "retail and personal service" plus one or more other use categories.]
MAXIMUM STRUCTURE HEIGHT (in feet) | ||
Base (No MUP) | MUP (No Retail) | MUP with Retail
|
135 | 135 | 180 |
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories.
(i) Maximum number of stories above grade is:
(aa) 10 when the maximum structure height is 135 feet; and
(bb) 14 when the maximum structure height is 180 feet.
(ii) Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(I) Development bonuses for mixed-income housing. In an MU-2 district, certain regulations vary depending on whether a development bonus is obtained in accordance with Division 51A-4.1100 as follows:
(i) Maximum dwelling unit density. Except as provided in this paragraph, the following density bonuses apply:
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Additional Maximum Unit Density: 51A-4.125(e)(4)(C), plus:
|
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Additional Maximum Unit Density: 51A-4.125(e)(4)(C), plus:
| |
MVA Categories A, B, C | 5% at Income band 3 | 40 per acre |
5% at Income band 3; and 5% at Income band 2 | 60 per acre | |
5% at Income band 3; 5% at Income band 2; and 5% at Income band 1 | 80 per acre | |
MVA Categories D, E, F | 5% at Income band 2 | 35 per acre |
10% at Income band 2; | 55 per acre | |
10% at Income band 2; and 5% at Income band 1 | 75 per acre | |
MVA Categories G, H, I | 5% at Income band 1 | 75 per acre |
(ii) Residential proximity slope. In addition to the items listed in Section 51A-4.408 (a)(2)(A), the following additional items may project through the residential proximity slope to a height not to exceed the maximum structure height, or four feet above the slope, whichever is less:
(aa) railings;
(bb) parapet walls;
(cc) trellises; and
(dd) structures such as wind barriers, wing walls, and patio dividing walls.
(iii) Floor area ratio. In calculating the maximum floor area ratios in Subparagraph (D), residential uses are not included.
(iv) Developments with transit proximity. For developments with transit proximity as defined in Section 51A-4.1102, an additional bonus of 15 dwelling units is allowed and the maximum lot coverage is 85 percent.
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 51A-4.412.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use.
(f) MU-3 and MU-3(SAH) districts.
(1) Purpose. To provide for the development of high density retail, office, hotel, and/or multifamily residential uses in combination on single or contiguous building sites; to encourage innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel. Additionally, the MU-3(SAH) district is created to encourage the provision of affordable housing.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory.
-- Tool or equipment rental.
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university or seminary.
-- Community service center. [SUP]
-- Convalescent and nursing homes, hospice care, and related institutions. [RAR]
-- Convent or monastery.
-- Foster home.
-- Halfway house. [SUP]
-- Hospital. [RAR]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Hotel or motel. [RAR]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP]
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory, fraternity or sorority house.
-- Duplex.
-- Group residential facility. [See Section 51A-4.209(3).]
-- Multifamily.
-- Residential hotel.
-- Retirement housing.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Car wash. [RAR]
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Convenience store with drive-through. [SUP]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Household equipment and appliance repair.
-- Liquor store.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Paraphernalia shop. [SUP]
-- Personal service uses.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Heliport. [SUP]
-- Helistop. [SUP]
-- Railroad passenger station. [SUP]
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Office showroom/warehouse.
-- Recycling buy-back center [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
-- Trade center.
(3) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory use is not permitted in this district:
-- Private stable.
(B) Reserved.
(C) In this district, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
Except as provided in this paragraph, the following yard, lot, and space regulations apply:
(A) Front yard.
(i) In general. Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) In general. Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density.
(i) MU-3 district. No maximum dwelling unit density.
(ii) MU-3(SAH) district. Maximum dwelling unit density varies depending on whether a density bonus is obtained in accordance with Division 51A-4.900 and whether the development is a "mixed use project" as follows:
MAXIMUM DWELLING UNIT DENSITY (dwelling units per net acre) | |||
Percentage of SAH Units Provided
|
Base (No MUP)
|
MUP with Mix of 2 Categories
|
MUP with Mix of 3 Categories
|
0% | 50 | 50 | 50 |
5% | 53 | 55 | 55 |
10% | 57 | 60 | 60 |
15% | 62 | 65 | 65 |
20% | NO MAXIMUM |
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a "mixed use project" as follows:
[Note: The first column is the base FAR, which applies when there is no MUP. The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use categories when neither category is "residential." The third column (MUP=2/with Res) is the FAR for an MUP with a mix of "residential" plus one other use category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of three or more use categories, none of which is "residential." The fifth column (MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or more other use categories.]
MAXIMUM FLOOR AREA RATIO | |||||
Use Categories | Base (no MUP) | MUP=2 (no Res) | MUP=2 (with Res) | MUP=3 (no Res) | MUP=3 (with Res) |
Lodging | 3.2 | 3.4 | 3.6 | 3.6 | 3.8 |
Office | 3.2 | 3.4 | 3.6 | 3.6 | 3.8 |
Residential | 3.2 | -- | 3.8 | -- | 3.8 |
Retail and personal service | 2.0 | 2.6 | 3.0 | 3.2 | 3.75 |
TOTAL DEVELOPMENT | 3.2 | 3.6 | 4.0 | 4.0 | 4.5 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height is 270 feet.
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories. Maximum number of stories above grade is 20. Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(I) Development bonuses for mixed-income housing. In an MU-3 district, certain regulations vary depending on whether a development bonus is obtained in accordance with Division 51A-4.1100 as follows:
(i) Maximum floor area bonuses and lot coverage. Except as provided in this paragraph, the following floor area bonuses and lot coverage requirements apply:
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Floor Area Ratio: 51A-4.125(f)(4)(D ), plus: | Maximum Lot coverage (residential)
|
Set aside minimums (% of total residential units reserved in each income band, adjusted annually) | Floor Area Ratio: 51A-4.125(f)(4)(D ), plus: | Maximum Lot coverage (residential)
| |
MVA Categories A, B, C | 5% at Income band 3; | 1.0 | 80% |
5% at Income band 3; and 5% at Income band 2 | 2.0 | 85% | |
5% at Income band 3; 5% at Income band 2; and 5% at Income band 1 | 3.0 | 85% | |
MVA Categories D, E, F | 5% at Income band 2; | 1.0 | 80% |
10% at Income band 2 | 2.0 | 85% | |
10% at Income band 2; and 5% at Income band 1 | 3.0 | 85% | |
MVA Categories G, H, I | 5% at Income band 1 | 3.0 | 85% |
(ii) Residential proximity slope. In addition to the items listed in Section 51A-4.408 (a)(2)(A), the following additional items may project through the residential proximity slope to a height not to exceed the maximum structure height, or four feet above the slope, whichever is less:
(aa) railings;
(bb) parapet walls;
(cc) trellises; and
(dd) structures such as wind barriers, wing walls, and patio dividing walls.
(iii) Floor area ratio. The floor area ratio bonuses in this paragraph are limited to residential uses only.
(iv) Developments with transit proximity. For developments with transit proximity as defined in Section 51A-4.1102, the maximum floor area ratio is increased by 1.0 above the FAR allowed in this section (for example: if the allowed FAR for a mixed use project is 4.0 and a development bonus of 1.5 is utilized, this transit proximity bonus allows an FAR of 6.5) and the maximum lot coverage is 90 percent.
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 51A-4.412
.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use. (Ord. Nos. 19455; 19786; 19806; 19808; 19912; 19931; 20237; 20242; 20273; 20380; 20382; 20625; 20895; 20902; 20920; 20928; 20950; 21002; 21044; 21259; 21314; 21399; 21400; 21442; 21663; 21735; 21796; 22139; 22204; 22531; 22782; 24232; 24271; 24543; 24857; 25785; 25815; 26920; 27572; 28079; 28214; 30477
; 31152
; 32209
; 32482
; 32659
)
(a) In general. Single or multiple uses may be developed on one site in a multiple commercial district as in any other district; however, in order to encourage a mixture of uses, density bonuses are awarded to developments that qualify as “multiple commercial projects” as defined in Subsection (b). If a development does not qualify as an MCP, it is limited to a “base” floor area ratio. When a development qualifies as an MCP, it earns a higher maximum floor area ratio. For more information regarding the exact increments of increase, consult the yard, lot, and space regulations in this section governing the particular district of interest.
(b) Qualifying as a multiple commercial project. To qualify as a MULTIPLE COMMERCIAL PROJECT (MCP) for purposes of this section, a development must contain uses in two or more of the following categories, and the combined floor areas of the uses in each category must equal or exceed the following percentages of the total floor area of the project:
MC-1 AND MC-2 DISTRICTS
| |
Use Category |
% of Total Floor Area
|
Lodging | 15% |
Office | 15% |
Retail and personal service | 10% |
MC-3 AND MC-4 DISTRICTS
| |
Use Category | % of Total Floor Area |
Lodging | 10% |
Office | 15% |
Retail and personal service | 5% |
(c) Multiple commercial project (MCP) regulations.
(1) If an MCP is proposed, a project plan must be submitted to and approved by the building official.
(2) If an MCP is constructed in phases:
(A) the first phase must independently qualify as an MCP under Subsection (b); and
(B) each subsequent phase combined with all previous phases already completed or under construction must also qualify as an MCP under Subsection (b).
(3) An MCP may consist of two or more building sites if they are developed under a unified development plan. The plan must be:
(A) signed by or on behalf of all of the owners of the property involved;
(B) approved by the building official; and
(C) filed in the deed records of the county where the property is located.
(4) When an MCP consists of multiple building sites, its development standards and off-street parking regulations are calculated by combining the sites and treating them as a single building site.
(d) MC-1 district.
(1) Purpose. To provide for the development of moderate density lodging, office, and retail uses in or adjacent to a residential community where development options need to remain flexible, and where a moderate density mixed use development having a residential component could adversely impact the community.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory. [SUP]
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university, or seminary.
-- Community service center. [SUP]
-- Convent or monastery.
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Hotel or motel. [RAR] or [SUP] [See Section 51A-4.205(1).]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP]
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory or fraternity or sorority house.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Convenience store with drive-through. [SUP]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Personal service use.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Recycling buy-back center. [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
(3) Accessory uses. Generally speaking, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in this district:
-- Accessory community center (private).
-- Home occupation.
-- Private stable.
(B) The following accessory use is permitted by SUP only:
-- Accessory helistop.
(C) In this district, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
(A) Front yard.
(i) Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height, up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density. Not applicable.
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a “multiple commercial project” as follows:
[Note: The first column is the base FAR, which applies when there is no MCP. The second column is the FAR for an MCP with a mix of two use categories. The third column is the FAR for an MCP with a mix of three or more use categories.]
MAXIMUM FLOOR AREA RATIO
| |||
Use Categories | Base (No MCP) | MCP with Mix of 2 Categories | MCP with Mix of 3 Categories |
Lodging | 0.8 | 0.85 | 0.85 |
Office | 0.8 | 0.85 | 0.85 |
Retail and personal service | 0.3 | 0.4 | 0.5 |
TOTAL DEVELOPMENT | 0.8 | 0.9 | 1.0 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height is 70 feet.
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories. Maximum number of stories above grade is five. Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 51A-4.412.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use.
(e) MC-2 district.
(1) Purpose. To provide for the development of moderate density lodging, office, and retail uses adjacent to a residential community where development options need to remain flexible, and where a moderate density mixed use development having a residential component could adversely impact the community.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory. [SUP]
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university, or seminary.
-- Community service center. [SUP]
-- Convent or monastery.
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP]
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory or fraternity or sorority house.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Car wash. [RAR]
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Convenience store with drive-through. [SUP]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Household equipment and appliance repair.
-- Liquor store.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Personal service use.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Helistop. [SUP]
-- Railroad passenger station. [SUP]
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Recycling buy-back center [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
(3) Accessory uses. Generally speaking, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in this district:
-- Accessory community center (private).
-- Home occupation.
-- Private stable.
(B) The following accessory use is permitted by SUP only:
-- Accessory helistop.
(C) In this district, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
(A) Front yard.
(i) Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density. Not applicable.
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a “multiple commercial project” as follows:
[Note: The first column is the base FAR, which applies when there is no MCP. The second column is the FAR for an MCP with a mix of two use categories. The third column is the FAR for an MCP with a mix of three or more use categories.]
MAXIMUM FLOOR AREA RATIO
| |||
Use Categories | Base (No MCP) | MCP with Mix of 2 Categories | MCP with Mix of 3 Categories |
Lodging | 0.8 | 0.85 | 0.85 |
Office | 0.8 | 0.85 | 0.85 |
Retail and personal service | 0.5 | 0.5 | 0.5 |
TOTAL DEVELOPMENT | 0.8 | 0.9 | 1.0 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height is 90 feet.
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories. Maximum number of stories above grade is seven. Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 51A-4.412.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use.
(f) MC-3 and MC-4 districts.
(1) Purpose. To provide for the development of medium density lodging, office, and retail uses in areas where a medium density mixed use development having a residential component could adversely impact a residential community.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Labor hall. [SUP]
-- Medical or scientific laboratory.
-- Tool or equipment rental.
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Cemetery or mausoleum. [SUP]
-- Child or adult care facility.
-- Church.
-- College, university, or seminary.
-- Community service center. [SUP]
-- Convent or monastery.
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open-enrollment charter school or private school. [SUP]
-- Public school other than an open-enrollment charter school. [RAR]
(E) Lodging uses.
-- Extended stay hotel or motel. [SUP]
-- Hotel or motel. [RAR] or [SUP] [See Section 51A-4.205(1).]
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Attached non-premise sign. [SUP]
-- Carnival or circus (temporary). [By special authorization of the building official.]
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP]
-- Financial institution without drive-in window.
-- Financial institution with drive-in window. [DIR]
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Country club with private membership.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
(I) Residential uses.
-- College dormitory or fraternity or sorority house.
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Ambulance service. [RAR]
-- Animal shelter or clinic without outside runs. [RAR]
-- Auto service center. [RAR]
-- Business school.
-- Car wash. [RAR]
-- Commercial amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).]
-- Commercial amusement (outside). [SUP]
-- Commercial parking lot or garage. [RAR]
-- Convenience store with drive-through. [SUP]
-- Dry cleaning or laundry store.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet.
-- General merchandise or food store 100,000 square feet or more. [SUP]
-- Household equipment and appliance repair.
-- Liquor store.
-- Mortuary, funeral home, or commercial wedding chapel.
-- Motor vehicle fueling station.
-- Nursery, garden shop, or plant sales.
-- Personal service use.
-- Restaurant without drive-in or drive-through service. [RAR]
-- Restaurant with drive-in or drive-through service. [DIR]
-- Swap or buy shop. [SUP]
-- Temporary retail use.
-- Theater.
(K) Transportation uses.
-- Heliport. [SUP]
-- Helistop. [SUP]
-- Railroad passenger station. [SUP]
-- Transit passenger shelter.
-- Transit passenger station or transfer center. [By SUP or city council resolution. See Section 51A-4.211.]
(L) Utility and public service uses.
-- Commercial radio or television transmitting station.
-- Electrical substation.
-- Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
-- Police or fire station.
-- Post office.
-- Radio, television, or microwave tower. [SUP]
-- Tower/antenna for cellular communication. [See Section 51A-4.212(10.1).]
-- Utility or government installation other than listed. [SUP]
(M) Wholesale, distribution, and storage uses.
-- Mini-warehouse. [SUP]
-- Recycling buy-back center [See Section 51A-4.213 (11).]
-- Recycling collection center. [See Section 51A-4.213 (11.1).]
-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213 (11.3).]
-- In MC-4 only: Trade center.
(3) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in these districts:
-- Accessory community center (private).
-- Home Occupation.
-- Private stable.
(B) The following accessory use is permitted by SUP only:
-- Accessory helistop.
(C) In these districts, an SUP may be required for the following accessory uses:
-- Accessory medical/infectious waste incinerator. [See Section 51A-4.217 (3.1).]
(4) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations contained in Division 51A-4.400. In the event of a conflict between this subsection and Division 51A-4.400, Division 51A-4.400 controls.)
(A) Front yard.
(i) Minimum front yard is 15 feet.
(ii) Urban form setback. An additional 20-foot front yard setback is required for that portion of a structure above 45 feet in height.
(B) Side and rear yard.
(i) Minimum side and rear yard is:
(aa) 20 feet where adjacent to or directly across an alley from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and
(bb) no minimum in all other cases.
(ii) Tower spacing. An additional side and rear yard setback of one foot for each two feet in height above 45 feet is required for that portion of a structure above 45 feet in height up to a total setback of 30 feet. This subparagraph does not require a total side or rear yard setback greater than 30 feet.
(C) Dwelling unit density. Not applicable.
(D) Floor area ratio. Maximum floor area ratio (FAR) varies depending on whether the development is a “multiple commercial project” as follows:
[Note: The first column is the base FAR, which applies when there is no MCP. The second column is the FAR for an MCP with a mix of two use categories. The third column is the FAR for an MCP with a mix of three or more use categories.]
MAXIMUM FLOOR AREA RATIO IN THE MC-3 DISTRICT
| |||
Use Categories | Base (No MCP) | MCP with Mix of 2 Categories | MCP with Mix of 3 Categories |
Lodging | 1.2 | 1.3 | 1.3 |
Office | 1.2 | 1.3 | 1.3 |
Retail and personal service | 0.6 | 0.6 | 0.6 |
TOTAL DEVELOPMENT | 1.2 | 1.35 | 1.5 |
MAXIMUM FLOOR AREA RATIO IN THE MC-4 DISTRICT
| |||
Use Categories | Base (No MCP) | MCP with Mix of 2 Categories | MCP with Mix of 3 Categories |
Lodging | 1.6 | 1.7 | 1.7 |
Office | 1.6 | 1.7 | 1.7 |
Retail and personal service | 0.75 | 0.75 | 0.75 |
TOTAL DEVELOPMENT | 1.6 | 1.8 | 2.0 |
(E) Height.
(i) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(ii) Maximum height. Unless further restricted under Subparagraph (i), maximum structure height is:
(aa) 115 feet in the MC-3 district; and
(bb) 135 feet in the MC-4 district.
(F) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. No minimum lot size.
(H) Stories.
(i) Maximum number of stories above grade is:
(aa) 9 in the MC-3 district; and
(bb) 10 in the MC-4 district.
(ii) Parking garages are exempt from this requirement, but must comply with the height regulations of Subparagraph (E).
(5) Off-street parking and loading. Consult the use regulations (Division 51A-4.200) for the specific off-street parking requirements for each use. Consult the off-street parking and loading regulations (Divisions 51A-4.300 et seq.) for information regarding off-street parking and loading generally.
(8) Additional provisions.
(A) Development impact review. A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation.
(B) Visual intrusion. No portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2(A), or MF-2(SAH) district may penetrate or be located above a residential proximity slope which originates in that district. (See Section 51A-4.412
.) For purposes of this paragraph, the term “opening” means an open and unobstructed space or a transparent panel in an exterior wall or door from which there can be visual surveillance into the yard of a residential use. (Ord. Nos. 19786; 19806; 19808; 19873; 20242; 20273; 20380; 20382; 20625; 20895; 20902; 20920; 20950; 21002; 21044; 21259; 21314; 21399; 21400; 21442; 21663; 21735; 21796; 22204; 22531; 22782; 24232; 24271; 24543; 24857; 25785; 25815; 26920; 28079; 28214; 32209
; 32482
; 32659
)
(a) In general. A minimum of two land uses must be developed on a lot in an urban corridor district, with one use being residential use above street level. Density bonuses are awarded to lots that have parking structures. Parking requirements are reduced for lots that have linkages to transit and have a high level of pedestrian amenities. There are three types of urban corridor districts, differing principally in their density and height allowances: UC-1, UC-2, and UC-3. The urban corridor district regulations apply to all frontages of the lot, except where otherwise specified.
(b) Qualifying a segment of a street as an urban corridor.
(1) Urban corridor requirements. A segment of street must have all of the following characteristics to be an urban corridor:
(A) A minimum outside lane width of 10 feet.
(B) A road composition that supports buses.
(C) No speed bumps.
(D) A minimum turning radius of 50 feet.
(E) A minimum overhead clearance of 11 feet.
(2) Community collectors and arterial streets. An urban corridor segment of street must be built in accordance with the city's thoroughfare plan, and must be the following type of thoroughfare for each urban corridor district:
(A) UC-1: community collector or four-or six-lane arterial.
(B) UC-2: four-or six-lane arterial.
(C) UC-3: six-lane arterial.
(3) State highways. A UC-1, UC-2, or UCÐ3 district may exist along a segment of a state highway designated by the Texas Department of Transportation if the segment has all of the characteristics required for an urban corridor, and the department determines the frontage to be safe (based on vehicular traffic speed and volume) for the level of pedestrian traffic expected for the type of urban corridor district requested.
(4) Ineligible streets. Interstate highways, freeways, expressways, and their frontage roads are ineligible streets for urban corridors.
(c) UC districts.
(1) Purpose. To encourage medium density mixed use development with a required above-grade residential component, pedestrian-friendly site design, and an urban street character, in order to increase pedestrian traffic, reduce vehicular traffic, promote innovative use of space, promote energy efficient design, conserve land, and accommodate a range of compatible land uses through appropriate site design.
(2) Main uses permitted.
(A) Agricultural uses.
-- Crop production.
(B) Commercial and business service uses.
-- Catering service.
-- Custom business services.
-- Electronics service center.
-- Job or lithographic printing.
-- Medical or scientific laboratory. [SUP]
(C) Industrial uses.
-- Gas drilling and production. [SUP]
-- Temporary concrete or asphalt batching plant. [SUP]
(D) Institutional and community service uses.
-- Child or adult care facility.
-- Church.
-- College, university, or seminary.
-- Community service center. [SUP]
-- Convalescent and nursing homes, hospice care, and related institutions.
-- Convent or monastery.
-- Hospital. [SUP]
-- Library, art gallery, or museum.
-- Open enrollment charter school or private school. [SUP]
-- Public school other than open enrollment charter school. [RAR]
(E) Lodging uses.
-- Short-term rental lodging.
(F) Miscellaneous uses.
-- Temporary construction or sales office.
(G) Office uses.
-- Alternative financial establishment. [SUP in UC-2 and UC-3 only.]
-- Financial institution without drive-in window.
-- Medical clinic or ambulatory surgical center.
-- Office.
(H) Recreation uses.
-- Private recreation center, club, or area. [UC-2 and UC-3 only.]
-- Public park, playground, or golf course. [DIR]
(I) Residential uses.
-- College dormitory, fraternity, or sorority house. [SUP]
-- Group residential facility. [SUP]
-- Handicapped group dwelling unit. [SUP]
-- Multifamily.
-- Retirement housing. [SUP]
(J) Retail and personal service uses.
-- Alcoholic beverage establishments. [See Section 51A-4.210(b)(4).]
-- Animal shelter or clinic without outside runs.
-- Business school. [UC-2 and UC-3 only.]
-- Commercial amusement (inside). [UC-2 and UC-3 only. SUP may be required. See Section 51A-4.210 (b)(7)(B).]
-- Commercial parking lot or garage.
-- Dry cleaning or laundry store without drive-in or drive-through service.
-- Furniture store.
-- General merchandise or food store 3,500 square feet or less.
-- General merchandise or food store greater than 3,500 square feet [UC-2 and UC-3 only.]
--General merchandise or food store 100,000 square feet or more. [SUP]
-- Household equipment and appliance repair.
-- Nursery, garden shop, or plant sales.
-- Personal service uses.
-- Restaurant without drive-in or drive-through service.
-- Temporary retail use.
-- Theater [DIR required. This use is limited to a theater with less than 1,000 seats. See Section 51A-4.210(b)(30).]
(K) Transportation uses.
-- Transit passenger shelter.
(L) Utility and public service uses.
-- Local utilities.
-- Police or fire station.
-- Post office.
-- Mounted cellular antenna. [UC-3 only.]
-- Utility or other government installation other than listed.
(M) Wholesale, distribution, and storage uses.
-- Recycling drop-off container. [See Section 51A-4.213(11.2).]
-- Recycling drop-off for special occasion collection. [See Section 51A-4.213(11.3).]
(3) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific types of accessory uses, however, due to their unique nature, are subject to additional regulations contained in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217.
(A) The following accessory uses are not permitted in these districts:
-- Accessory helistop.
-- Accessory medical/infectious waste incinerator.
-- Accessory outside storage.
-- Accessory pathological waste incinerator.
-- Amateur communication tower.
-- Day home.
-- General waste incinerator.
-- Private stable.
(B) The following accessory uses are permitted in these districts by SUP only:
-- Accessory community center (private).
-- Pedestrian skybridges.
(A) Front yard.
(i) There is no minimum front yard.
(ii) The maximum front yard is the smallest possible distance that meets the requirements for buffer zone and pedestrian zone in the curb-to-building area, except for any area in the front yard that meets the qualifications for a pedestrian plaza in Subparagraph (iii) below. See Subsection (c)(8)(B) for details about the curb-to-building area.
(iii) Part of the front yard may be used for a pedestrian plaza. A plaza may have a maximum depth of 50 feet (measured perpendicular from the frontage to the opposite side of the plaza) and a maximum length (measured along the side of the plaza parallel to the frontage) of 20 percent of the length of the building along the frontage.
(iv) Urban form setback. An additional front yard setback of one foot for each two feet in height above 55 feet is required for that portion of a building above 55 feet in height.
(B) Side and rear yard.
(i) No side yard is required on a side of the lot that is adjacent to a central area, mixed use, or urban corridor district; however, if a side yard is provided, it must be at least five feet wide.
(ii) The minimum side yard is 10 feet on any side of a lot where that side of the lot is directly across a street 64 feet or less in width from, or is directly across an alley from, an R, R(A), D, D(A), TH, TH(A), or CH district, or where part of a structure on that side of the lot is within 330 feet of an R, R(A), D, D(A), TH, TH(A), or CH district.
(iii) The minimum side yard is five feet in all other cases.
(iv) The minimum rear yard is 10 feet in UC-1, and 15 feet in UC-2 and UC-3.
(C) Dwelling unit density.
(i) The minimum number of dwelling units per acre is 10 in UC-1; 35 in UC-2; and 45 in UC-3.
(ii) The minimum dwelling unit area is 500 square feet.
(D) Floor area ratio.
(i) The maximum floor area ratio without any bonuses is 0.6 in UC-1; 0.85 in UC-2; and 1.0 in UC-3.
(ii) The maximum floor area ratio with a bonus for having an above-grade parking structure is 1.8 in UC-1; 3.0 in UC-2; and 4.0 in UC-3.
(iii) The maximum floor area ratio with a bonus for having a below-grade parking structure is 2.0 in UC-1; 3.6 in UC-2; and 4.5 in UC-3.
(E) Height.
(i) The maximum structure height without any bonuses is 30 feet in UC-1; 40 feet in UC-2; and 55 feet in UC-3.
(ii) The maximum structure height with a bonus for having an above-or below-grade parking structure is 55 feet in UC-1; 80 feet in UC-2; and 100 feet in UC-3.
(iii) Residential proximity slope. If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height.
(F) Lot coverage. The maximum lot coverage is 80 percent. Above-ground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.
(G) Lot size. There is no minimum lot size.
(H) Stories.
(i) The minimum number of stories above street level is two in UC-1; three in UC-2; and four in UC-3.
(ii) The maximum number of stories above street level with bonuses for an above-or below-street-level parking structure is four in UC-1; six in UC-2; and eight in UC-3.
(A) Multifamily use parking requirements. One parking space is required per 500 square feet of multifamily dwelling unit floor area on the lot, up to a maximum of two parking spaces per dwelling unit.
(B) Parking reductions. A lot located within 500 feet of a bus stop on a DART bus route, or a shuttle bus route connecting to a DART light rail station, with a minimum headway, i.e. the scheduled time interval between the arrival of successive same-route buses, trains, or other vehicles used for public transportation at a passenger stop, of 10 minutes during peak hours and 30 minutes during non-peak hours as these times are set by DART, shall be granted reductions of four percent of total parking requirements for each additional pedestrian amenity type provided in excess of the minimum amenities required [See Subsection (c)(8)(D) for pedestrian amenities rules], up to a maximum 20 percent reduction. If parking reduction is sought, bicycle parking must be provided as an amenity type. The additional pedestrian amenities must be provided within the curb-to-building area and must serve to enhance the pedestrian pathways from building entrances on the lot to transit stops. These parking reductions do not apply to uses that already have parking exemptions based on delta theory. [See Subsection 51A-4.704(b)(4)(A) for delta theory parking regulations.]
(C) On-street parallel parking. On-street parallel parking spaces adjacent to the lot provided on community collectors or four-lane arterials count toward off-street parking requirements. Notwithstanding the foregoing, nothing in this section shall abrogate the authority granted to the city's traffic engineer by Chapter 28 of the Dallas City Code to regulate traffic, including parking, on public streets.
(D) Shared parking. Shared parking is required for all nonresidential uses on the lot. The utilization rates in the following table provide the basis for calculation of parking spaces required with shared parking. The adjusted standard off street parking requirement for the development is the largest of the five “time-of-day” column sums.
Shared Parking Table (for calculating adjusted standard parking requirement) | |||||
Use Category
|
Morning | Noon | Afternoon | Late Afternoon
|
Evening
|
Residential uses | 80% | 60% | 60% | 70% | 100% |
Office-related uses | 100% | 80% | 100% | 85% | 35% |
Retail related uses | 60% | 75% | 70% | 65% | 70% |
Bar and restaurant uses | 20% | 100% | 30% | 30% | 100% |
All other uses | 100% | 100% | 100% | 100% | 100% |
(7) Landscape and open space provisions.
(A) In general. See Article X. Section 51A-10.126 does not apply, and Subsections (b)(2) and (b)(4) of Section 51A-10.125 are superseded by this subsection. All private licensing requirements must be met.
(B) Parking lot screening. Except as otherwise provided, all requirements of Section 51A-4.301(f) apply to parking lots and parking structures in urban corridor districts, and to remote parking lots and parking structures serving a building in an urban corridor district. A five-foot-wide landscaped strip must be located along any edge of the parking lot or parking structure that is visible at grade level from a street or alley, in accordance with the following provisions:
(i) Small trees must be located every 15 feet, or fraction thereof, or clustered every 30 feet, within the landscaped strip. A small tree must have a minimum caliper width of three inches, with the exception of multi-trunk trees, which may have a minimum caliper width of two inches per trunk.
(ii) A continuous row of large evergreen shrubs must be located in the landscaped strip.
(iii) For every four rows of parking, parking lots must contain at least one interior landscaped strip of at least 15 linear feet that is planted with ground cover, shrubbery of 24-36 inches in height, and at least one large tree.
(iv) Fences may complement but not substitute for parking lot trees and shrubbery screening.
(v) Covered parking may substitute for trees and shrubbery in the interior of the parking area, but not for those required along its perimeter. Covered parking may not replace shrubbery or substitute for trees that provide buffering between parking lots or parking structures and the street.
(C) Screening of off-street loading spaces.
(i) All off-street loading spaces must be screened from all public streets adjacent to the lot.
(ii) Screening of all off-street loading spaces must be at least six feet high.
(iii) Garbage storage areas must be visually screened on all sides by a brick, stone, or concrete masonry, stucco, concrete, or wood wall or fence. Screening is not required on a side adjacent to an alley or easement used for garbage pick-up service. Trellises or other coverings must be used to screen the top of garbage storage areas.
(D) Street trees. A small street tree must be provided for every 50 feet of frontage, with a minimum of two trees per lot. A small tree must have a minimum caliper width of three inches, with the exception of multi-trunk trees which may have a minimum caliper width of two inches per trunk. Street trees must be located in the buffer zone between the street curb and the sidewalk. If the buffer zone is located in the public right-of-way, street trees must be located in the public right-of way. The city arborist recommends the following list of trees as being most suitable for planting in the buffer zone in all urban corridor districts, and the city strongly encourages the use of these trees in the buffer zone:
(i) Japanese Maple, Acer palmatum.
(ii) Eastern Redbud, Cercis canadensis.
(iii) Thornless Cockspur Hawthorne, Crataegus crus-galli Ôinermis.'
(iv) Thornless Honeylocust, Gleditsia triacanthos var. inermis.
(v) Possumhaw Holly, Ilex decidua.
(vi) Yaupon Holly, Ilex vomitoria.
(vii) Eastern Red Cedar, Juniperus virginia.
(viii) Eldarica, Mondell, or Afghan Pine, Pinus eldarica.
(ix) Austrian or Black Pine, Pinus nigra.
(x) Japanese Black Pine, Pinus thunbergii.
(xi) Chinese Pistachio, Pistachia chinensis.
(xii) Mexican Plum, Prunus mexicana.
(xiii) Western Soapberry, Sapindus drumondii.
(xiv) Eve's Necklace, Sophora affinis.
(xv) Rusty Blackhaw, Vibernum rufidulum.
(E) Tree grates. Any tree within 18 inches of a curb must be protected by a tree grate.
(F) Permeable surface area. A minimum of 10 percent of the lot area must be open space in the form of permeable surfaces such as perimeter landscape buffer strip, recreation area, or conservation area. Discrete open space areas smaller than 25 square feet or less than 5 feet wide, and landscaping in the public right-of-way, are not counted towards this 10 percent requirement.
(8) Site design requirements.
(A) Land use placement.
(i) Off-street parking. Parking is permitted on any level of a building, but no part of any parking area or parking structure may front on an urban corridor or be located directly across a street 64 feet or less in width from, or be directly across an alley from, an R, R(A), D, D(A), TH, TH(A), or CH district, or be within 330 feet of an R, R(A), D, D(A), TH, TH(A), or CH district. The length of any portion of a parking lot or structure that is visible at grade-level from a street may not exceed 24 feet.
(ii) Street level uses. Residential uses are not permitted at street-level along an urban corridor frontage.
(iii) Residential uses are the only uses permitted at street level along frontages that are not on an urban corridor and:
(aa) the frontage is directly across a street 64 feet or less in width from, or is directly across an alley from, an R, R(A), D, D(A), TH, TH(A), or CH district; or
(bb) any part of a structure on that frontage is within 330 feet of an R, R(A), D, D(A), TH, TH(A), or CH district.
(iv) Uses above street level. Residential uses are the only uses permitted on all levels above street level, except that adult daycare uses, child-care facility uses, and office uses that are accessory to street-level uses in the building are permitted on the second level of a building that has three or more levels.
(B) Curb-to-building area. The area between the curb and the building line must meet the following standards:
(i) It must have a width of 10 feet in a UC-1 district; 12 feet in a UC-2 district; and 15 feet in a UC-3 district.
(ii) Where public right-of-way provides insufficient space, the curb-to-building area must be provided on private property until the prescribed width is met.
(iii) It must include a buffer zone, located between the curb and the pedestrian zone, that contains all required street trees [see Subsection (c)(7)(D)] as well as trees and shrubs provided as pedestrian amenities [see Subsection (c)(8)(E)]. Other pedestrian amenities may also be located in the buffer zone.
(iv) It must include a pedestrian zone, located between the buffer zone and the building line, that contains a sidewalk that meets urban corridor district sidewalk standards. [See Subsection (c)(8)(C).] The pedestrian zone may contain pedestrian amenities that are attached to the building facade and do not impede pedestrian movement or visually obstruct the street-level windows. [See Subsection (c)(8)(F)(iii).]
(v) A pedestrian plaza located on a frontage is considered to begin at the building line for purposes of this Subparagraph (B).
(C) Sidewalk standards. Sidewalks must be located in the pedestrian zone for the entire length of the frontage, and must meet the following standards:
(i) In a UC-1 district, they must have a minimum clear zone of five feet.
(ii) In a UC-2 district, they must have a minimum clear zone of seven feet.
(iii) In a UC-3 district, they must have a minimum clear zone of 10 feet.
(iv) Sidewalk widths must match up with the width of existing sidewalks in front of adjacent properties at the point of intersection. Where there are different sidewalk widths on each side of the urban corridor district frontage, the width matched must be that which most closely approximates the required 5- to 10-foot width, and the new sidewalk must taper to meet the incongruous sidewalks.
(v) Additional pedestrian pathways that are not in the pedestrian zone must have a minimum width of four feet.
(D) Pedestrian amenities.
(i) At least three of the following types of pedestrian amenities must be provided within the curb-to-building area of the lot:
(aa) Awnings/canopies with a minimum overhang of 4 feet and a minimum length of 25 feet per 100 feet of building facade along the frontage; or a combination of street trees and evergreen shrubs with a minimum of one small tree per 25 feet of frontage and a minimum of one shrub per 5 feet of frontage.
(bb) Benches at one per 100 feet of frontage, with a minimum of two per lot.
(cc) Trash receptacles at one per 100 feet of frontage, with a minimum of two per lot.
(dd) Bicycle parking at one 5- bicycle unit per 100 feet of frontage, with a minimum of two per lot.
(ee) Pedestrian street lamps (free-standing or wall-mounted) at one per 50 feet of frontage.
(ff) Enhanced sidewalk with stamped concrete or brick pavers in the pedestrian zone for the full width of the sidewalk, along the entire frontage.
(gg) Public art or water features costing no less than $2,500, at one per lot.
(hh) Drinking fountains at one per lot.
(ii) Amenities must be placed far enough from the street curb so as not to create a physical barrier to buses.
(iii) Canopies, awnings, and pedestrian street lamp fixtures must have a minimum nine-foot clearance. Lamp fixtures may not exceed 14 feet in height. Light fixtures may not emit light upward into the windows of dwelling units.
(iv) All pedestrian amenities must be maintained by the owner of the lot; if there is more than one owner, all owners are jointly and severally liable for maintenance.
(E) Driveway design requirements.
(i) Pedestrian crosswalks must be clearly marked to indicate where the crosswalk crosses the driveway.
(ii) Common or joint driveways are required when adjacent lots have direct vehicular access.
(iii) Curb cuts must be no less than 12 and no more than 24 feet in length (measured parallel to the frontage). Each lot may have a maximum of one curb cut for each frontage.
(iv) Driveways into parking areas or structures must be from an urban corridor.
(v) No part of a circular or semi-circular driveway is permitted on an urban corridor.
(F) Building envelope design requirements.
(i) Building facades. Building facades must be as close as possible to the pedestrian zone. Columns of an arcade must be on the building line, and the internal facade of an arcade must be set back from the building line no more than 10 feet. Parking deck and garage facades visible at ground level from any street or alley must have the appearance of a multiple-story building. It is recommended that parking deck and garage facades visible at ground level from any street or alley have the appearance of similar material finish as the building on the site for which the parking is being provided.
(ii) Building height and setback. Building height and setback is subject to both residential proximity slope and urban form setback requirements. In all instances, residential proximity slope requirements supersede all other height allowances.
(iii) Storefront treatments. The following provisions apply to all uses at ground level except church use and residential uses.
(aa) All street-fronting street- level portions of a building must have windows and primary entrances facing the street or a plaza. No more than 10 continuous linear feet of street-fronting street- level facade may lack a transparent opening (e.g. a window or a transparent door).
(bb) Corner lot structures must have corner entrances in compliance with the visibility triangle standards set by the department of development services.
(cc) Street-fronting, street- level windows must:
(I) cover 50 percent or more of street-level frontage;
(II) not have a bottom edge higher than three feet above the base of building; and
(III) be less than 10 feet high.
(dd) It is recommended that street-fronting, street-level windows be clear, unpainted, or made of similarly treated glass allowing visibility within street-level uses.
(iv) Pedestrian access to the building. Primary pedestrian (i.e. residential and customer) ingress and egress must be to or from an urban corridor. Pedestrian ingress and egress for all other functions must be to or from rear or side yard entrances. Pedestrian pathways must be provided to connect the pedestrian zone to the parking lot, rear entrances to dwellings, and to emergency exits.
(d) Site plan.
(1) A site plan must be submitted in accordance with the requirements of this subsection before an application is made for a permit for work on a lot in an urban corridor district.
(2) Procedure. The applicant should contact the department to arrange a pre-application conference, at which the applicant should provide a sketch plan of the site with the information requested by the department. When the applicant is ready to apply for site plan review, the applicant must provide a detailed site plan.
(3) The site plan must:
(A) satisfy the requirements of Subparagraphs (A) through (G), (J), and (N) through (Q) in Section 51A-4.803(d)(1);
(B) show all existing and proposed points of ingress and egress, building entrances, exits, service areas, and windows;
(C) show all public right-of-way lines;
(D) show the location and indicate the type, size, and height of perimeter fencing, screening, and buffering elements proposed or required;
(E) show all provisions to be made to direct and detain storm water and to mitigate erosion both during and following the completion of construction;
(F) show the location and indicate the type, orientation, size, and height of light standards that will illuminate any portion of a required yard;
(G) show the location of existing and proposed signs;
(H) show the existing and proposed locations of all exterior loudspeakers and sound amplifiers;
(I) show the existing and proposed locations for all mechanical equipment capable of producing high levels of noise;
(J) show all existing and proposed provisions for pedestrian circulation on the lot including the location of the pedestrian amenity zones and the location and description of amenities provided to satisfy the three-amenity rule and the requirements for parking reductions;
(K) demonstrate how the urban corridor district site meets the minimum open space requirements showing location and landscape plans of all open space including buffer zones and screening areas;
(L) demonstrate eligibility for parking requirement reduction or density bonuses, if requested by applicant; and
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