§ 21-3.120-2 Business mixed-use district uses and development standards.

(a)   Within the business mixed-use districts, permitted uses and structures shall be as enumerated in Table 21-3.

(b)   Within the business mixed-use districts, development standards shall be as enumerated in Table 21-3.4.

(c)   Additional development standards.

(1)    Except for necessary access drives and walkways, all yards must be landscaped.

(2)    BMX-3 district height setbacks. Within the BMX-3 district, any portion of a structure over 40 feet in height must have additional height setbacks as follows:

(A)   For each 10 feet of additional height or portion thereof, an additional 1-foot setback must be provided; and

(B)   The additional setback must be a continuous plane from the top of the structure to the height of 40 feet above grade (see Figure 21-3.3).

(3)   BMX-3 district transitional height setbacks.

(A)   Where a zoning lot adjoins a zoning lot in a residential, A-1 or AMX-1 district, the residential district height setback will be applicable at the buildable area boundary line of the adjoining side of the BMX-3 zoning lot (see Figure 21-3.5).

(B)   Where a zoning lot adjoins a zoning lot in an A-2, A-3, AMX-2, AMX-3, or resort district, no portion of a structure may exceed 40 feet in height along the buildable area boundary line on the adjoining side of the BMX-3 zoning lot; provided that additional height will be permitted if the additional height is set back 1 foot from the buildable area boundary line for each 10 feet in height or fraction thereof. This setback must be a continuous plane from the top of the structure to the beginning of the additional height (see Figure 21-3.5).

(4)   BMX-4 district transitional height setback. Where a zoning lot adjoins a zoning lot in a residential, apartment, apartment mixed use or resort district, the height setback of the adjoining district will be applicable at the buildable area boundary line of the adjoining side of the BMX-4 lot (see Figure 21-3.5 ).

(5)   BMX-4 district height setback. For a minimum of 50 percent of any contiguous street frontage, no portion of a structure located on a lot adjacent to a street may exceed a height that is intersected by a plane over the buildable area that makes an angle of 65 degrees with the horizontal at ground elevation at the center line of the street (see Figure 21-3.9).

(6)   Street trees. If a street tree plan exists for the street that fronts the project, the applicant shall install a street tree or trees, as required by the director.

(7)   BMX-3 district open space bonus.

(A)   For each square foot of public open space provided, 5 square feet of floor area may be added, exclusive of required yards;

(B)   For each square foot of arcade area provided, 3 square feet of floor area may be added, exclusive of required yards; and

(C)   Maximum density with open space bonuses cannot exceed the FAR as provided under Table 21-3.4.

(8)   BMX-4 district open space bonus.

(A)   For each square foot of public open space provided, 10 square feet of floor area may be added. If provided, front yards may be included as public open space;

(B)   For each square foot of arcade area provided, 5 square feet of floor area may be added;

(C)   Maximum density with open space bonuses cannot exceed the FAR as provided under Table 21-3.4; and

(D)   For developments that exceed a height of 350 feet, for each square foot of public open space provided, 10 square feet of floor area may be added below 350 feet of building height, or 7 square feet of floor area may be added above 350 feet of building height. If provided, front yards may be included as public open space.

(9)   BMX-4 district heights above 350 feet. For developments that exceed a height of 350 feet, but are permitted higher heights on the zoning maps, refer to § 21-3.120-1 .

(10)   Historic resources bonus. For developments in the BMX-4 district that exceed a height of 350 feet, refer to § 21-3.120-1 for provisions relating to additional floor area permitted for preservation of historic resources.

Table 21-3.4
Resort, Business, and Business Mixed-Use Districts Development Standards
Development Standard		District
		Resort	B-1	B-2	BMX-3	BMX-4
Minimum lot area (square feet)		15,0001	5,000	5,000	5,000	5,000
Minimum lot width and depth (feet)		701	50	50	50	50
Yards (feet):	Front	25	10	54	10 for dwellings, 5 for other uses4	54,5
	Side and rear	202	03	03	52 for detached dwellings, 10 for multi- family dwellings, 03 for other uses	03
Maximum building area (percent of zoning lot)		50	not regulated
Maximum density (FAR) resort district only		Lot area (sq. ft.)		FAR calculation
		Less than 10,000		FAR = (.00006 x lot area) + 0.4
		10,000—30,000		FAR = (.00002 x lot area) + 0.8
		Over 30,000		FAR = 1.4
Maximum density (FAR) for other districts		see above	1.0	2.5	2.5	4.0
Open space bonus	Available	No		Yes, see § 21-3.110-1(c)	Yes, see § 21-3.120-2(c)
	Max FAR	n/a	n/a	3.5	3.5	7.5
Maximum height (feet)		per zoning map	40	per zoning map	per zoning map	per zoning map, see § 21-3.120-1 for additional height
Height setbacks		per § 21-3.100-1(c)	per § 21-3.110-1(c)		per § 21-3.120-2(c)
1   There shall be no minimum lot area, width, or depth for off-site parking facilities.
2   For duplex lots, 5 feet for any portion of any structure not located on the common property line; the required side yard is zero feet for that portion of the lot containing the common wall.
3   Where the side or rear property line of a zoning lot adjoins the side or rear yard of a zoning lot in a residential, apartment, or apartment mixed-use district, there shall be a side or rear yard which conforms to the yard requirements for dwelling use of the adjoining district. In addition, see § 21-4.70-1 for landscaping and buffering requirements.
4   Where a zoning lot adjoins a residential, apartment, or apartment mixed-use district, and forms a continuous front yard, the lot or the first 100 feet of the lot (whichever is less) shall conform to the front yard requirements for the dwelling use of the adjoining district (see Figure 21-3.6).
5   Five feet for structures up to 12 feet in height, provided that where the adjacent street is greater than 50 feet in width, an area of open space or an arcade, equivalent to the required yard area may be provided elsewhere on the zoning lot (see Figure 21-3.8).
n/a = Not applicable

 

(1990 Code, Ch. 21, Art. 3, § 21-3.120-2) (Added by Ord. 99-12; Am. Ords. 03-37, 17-55)