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Uses located within the Mixed Use (MXD) District are subject to the following development procedures and regulations, in addition to standards set forth above, and shall be applicable to all uses within the District.
(a) Review Procedures. All developments within the MXD District shall consist of no less than ten (10) net acres unless located within the Central Business District, and shall be subject to all applicable preliminary site plan, final site plan and special land use review procedures.
(1) Preliminary. As part of the preliminary site plan review phase, the applicant shall submit a concept plan for comment from the Planning Commission. The concept plan shall include the following information:
A. Evidence of ownership; location and description of site; dimensions and area;
B. General topography and natural features;
C. Scale, north arrow, date of plan;
D. Existing zoning and land use of the site and adjacent parcels; location of existing building, drives and streets on the site;
E. Location, type and land area of each proposed land use; dwellingunit density per net acre;
F. Estimated location, size and uses of open space;
G. General form of ownership and maintenance;
H. General landscape concept, including existing features to be maintained;
I. General description of existing and proposed utilities;
J. Conceptual road layout;
K. Development phases, if applicable; and
L. Examples of typical building materials and styles.
(2) Final. Following concept plan review by the Planning Commission, all developments shall be subject the site plan review requirements outlined in Section 3.04, Site Plan Review. Non one- family and two-familyuses shall also be subject to the requirements outlined in Section 3.03, Special Land Uses.
(b) Building Dimensions, Area Requirements, Density, and Setbacks. Requirements of MXD District relating to the height and bulk of buildings, the minimum size of a lot permitted by land use, the maximum density permitted and minimum yardsetbacks, are contained in Section 4.07, and detailed below:
(1) One-Family Uses.
A. Lot Area and Width. The intent of the MXD District is to provide a variety of housing styles on a variety of parcel sizes, not just within the development, but on a per block basis as well. Therefore, the lots shall range in size between 5,500 and 7,700 square feet, and between fifty (50) and seventy (70) feet in width. The actual mix shall be approved by the Planning Commission. Additionally, the area and width of irregular shaped lots as a result of site limitations, shall be approved by the Planning Commission.
B. Front Yard. There shall be a front yard of not less than twenty-five (25) feet as measured from the front lot line, but porches may encroach up to eight (8) feet inside of the required frontsetback. However, the Planning Commission may consider a modified setback through the special land use procedures outlined in Section 3.03, and providing the modification does not result in an increased density.
C. Side Yard. The side yard shall be a minimum of four (4) feet on one side, with a total of twenty (20) feet for both sides. There shall also be no less than twenty (20) feet between homes on abutting parcels, unless the Building Code requires a greater setback for fire separation.
D. Rear Yards. There shall be a rear yard setback of not less than thirty (30) feet, but a garage may encroach fifteen (15) feet inside of the required setback.
E. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
F. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
A. Lot area and Width. No lot shall have a minimum area of less than 6,600 square feet and a minimum width of no less than sixty (60) feet.
B. Front, Side and Rear Yards.
i. Individual Lots: All setbacks shall comply with those for one-family uses.
ii. Regular Condominiums:
• Front Yards. Twenty-five (25) feet as measured from the frontlotline, but porches may encroach up to eight (8) feet inside of the required front setback. However, the Planning Commission may consider a modified setback through the special land use procedures outlined in Section 3.03, and providing the modification does not result in an increased density.
• Minimum Distance Between Buildings. Twenty (20) feet when side to side, forty (40) feet in all other cases, unless the Building Code requires a greater setback for fire separation.
C. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
D. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
(3) Multiple Family Uses.
A. Maximum Density. The intent of the MXD District, is to provide a variety of housing unit sizes within each development. Therefore, the maximum density shall be computed as follows, and shall be calculated exclusive of any dedicated public right-of-way of either an interior or adjacent street:
i. Efficiency or one (1) bedroom units shall not exceed ten (10) dwelling units per net acre or 4,356 square feet of site area for each dwelling unit.
ii. Two (2) bedroomunits shall not exceed eight (8) dwelling units per net acre or 5,445 square feet of site area for each dwelling unit.
iii. Three (3) bedroomunits shall not exceed six (6) dwelling units per net acre or 7,260 square feet of site area for each dwelling unit.
The actual mix shall be approved by the Planning Commission.
B. Front Yard. There shall be a front yard of not less than ten (10) feet as measured from the front lot line. However, the Planning Commission may consider a modified setback providing the modification does not result in an increased density.
C. Side Yard. The side yard shall be a minimum of eight (8) feet unless adjacent to a one (1) or two (2) family residential use for which a minimum of a sixteen (16) foot setback is required.
D. Distance Between Buildings. The minimum distance between two (2) multiple family dwelling building shall be twenty-five (25) feet for a two (2) story building and thirty (30) feet for a three story building, unless the Building Code requires a greater setback for fire separation.
E. Perimeter Setback. Up to a one hundred (100) foot setback shall be required along the perimeter of the development, unless modified or waived by Planning Commission.
F. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
G. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet.
(4) Mixed Use, Commercial (excluding retail), Office, Other Non-Commercial Uses.
A. Front Yard. There shall be a front yard of not less than ten (10) feet as measured from the front lot line. However, the Planning Commission may consider a modified setback providing the modification does not result in an increased density.
B. Side Yard. The side yard shall be a minimum of five (5) feet unless adjacent to a one (1) or two(2) family residential use for which a minimum of a twenty (20) foot setback is required.
C. Distance Between Buildings. The minimum distance between two (2) mixed usebuildings which include multiple family dwellings shall be twenty-five (25) feet for a two (2) storybuilding and thirty (30) feet for a three (3) storybuilding, unless the BuildingCode requires a greater setback for fire separation.
D. Rear Yards. There shall be a rear yard setback of not less than twenty (20) feet, but a garage with access off a rear alley may be setback a minimum of five (5) feet.
E. Perimeter Setback. A one hundred (100) foot setback shall be required along the perimeter of the development, unless modified or waived by Planning Commission.
F. State Highway Setback. A fifty (50) foot setback shall be required for all parcels abutting a State Highway.
G. Height Regulations. No building or structure shall exceed two (2) stories or twenty-five (25) feet for a single tenant use, or three (3) stories or thirty-five (35) feet for a multi-tenant use.
(5) Retail Uses.
A. No larger than twenty-five thousand (25,000) square feet; however, the Planning Commission, at its sole discretion, may consider retail buildings greater in size, providing the following criteria are satisfied:
i. No more than twenty (20) percent of the parking is provided in front of the building, the remaining eighty (80) percent may be divided between the rear and side yards. However, the ratio may be modified at the sole discretion of the Planning Commission based upon satisfying at least one (1) of the following criteria:
a. A solid wall, landscaping, or a combination thereof, in excess of the requirements for Section 5.10(d) is provided around the perimeter of the parking lot. Architectural features/focal points may be included to complement the landscaping.
b. Multiple smaller buildings are provided adjacent to the perimeter public road to screen the internal parking area.
c. A combination of a. and b.
ii. The architectural style shall be consistent with the adjacent structures (including residences) and shall not vary between the front, rear and side facades, with the exception of the loading/unloading areas.
iii. Horizontal masses shall not exceed a height:width ratio of 1:3 without substantial variation in massing that includes a change in height with projecting or recessed elements.
iv. No more than two (2) direct access drives shall be provided from the adjacent arterial or collector street. Access to other portions of the building shall be provided via internal and/or service drives.
v. All buildings shall have a roof pitch of no less than four (4) inches of rise (vertical) to twelve (12) inches of run (horizontal). However, larger buildings for which this is demonstrated not to be practical, shall provide an alternate solution to be reviewed and approved by the Planning Commission (i.e. extended parapet, mansard roof, etc.).
vi. The exterior of the building shall appear to be an abundance of individual uses through the inclusion of windows and varying architectural treatments, while the interior may consist of one (1) individual use.
(c) Minimum FloorArea. The minimum floor area of dwelling units shall be as follows:
Type of Dwelling Total Usable Floor Area (sq. ft.)
One Family 900
Two Family, per dwelling unit 800
Efficiency unit 450
One-bedroom unit 600
Two-bedroom unit 750
Three bedroom unit 900
(d) Open Space Requirement and Computation.
(1) Residential Uses. An active and passive recreation/open space plan shall be submitted to Planning Commission for consideration. The plan shall demonstrate that at least fifteen (15) percent of the gross land area is maintained for recreation/open space amenities which accurately reflect the intended demographics of the development.
(2) All Non-Residential Uses. Each non-residential use shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area, focal feature or amenity that, in the judgment of the City, adequately enhances such community public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Two (2) adjacent occupants may provide combined open/public space amenities where the resulting space is more beneficial to the City due to size and location.
(e) Site Access. Access to pubic roads for both pedestrians and vehicles shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area, shall be subject to the following restrictions:
(1) Provisions for circulation between adjacent parcels are required through coordinated or joint parking systems.
(2) Driveway placement must be such that loading and unloading activities will not hinder vehicle ingress or egress.
(3) When applicable, the primary access point into a site may be permitted to be via a rear access drive/alley to be shared by all adjoining uses. The drive shall be no less than twenty (20) feet wide within a forty (40) foot easement.
(f) Parking/Loading. All off-street parking areas shall conform to Article 10 unless a stricter provision is provided below:
(1) Off-street parking for non-residential uses shall be located predominantly within the side or rearyard areas. Up to twenty (20) percent of the off-street parking may be permitted within the frontyards when abutting a public right-of-way. All parking areas shall be setback a minimum of ten (10) feet from any public road right-of-way, a minimum of fifteen (15) feet from the property line of any residential use, and a minimum of five (5) feet from the property line of any nonresidential use, unless the lots contain shared parking areas.
(2) All loading areas for non-residential uses shall be located within rear yard areas.
(g) Pedestrian Pathways and Sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development. Pedestrian systems shall provide safe, all-weather surface, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall site design concept. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be a minimum of eight (8) feet when abutting a parking lot, all others shall be five (5) feet in width, and each shall be constructed of concrete or decorative pavers. Sidewalks are required along all roadways.
(h) Signage. All signs permitted within this district shall be subject to the provisions of Article 7, Signs, unless a stricter provision is provided below. The intent of this section is to ensure that signs shall be compatible in size, design, appearance and material, and subject to the following requirements and standards.
(1) Billboards are strictly prohibited.
(2) No signs shall be attached to exterior glass, nor contain exposed neon tubing.
(3) All signs shall be designed so as to be integral and compatible with the architecture and landscaping component of the development.
(4) Conceptual sign designs shall be submitted with the site plan and the Planning Commission shall review these conceptual plans together with the site plan.
(5) Wall Signs for Non-Residential Uses.
A. Multi-tenant buildings with a shared entrance may have one (1) wall sign that measures 1.5 times the total area permitted for a wall sign.
B. Multi-tenant buildings with separate entrances may each have one (1) wall sign per tenant that complies with the sign area permitted in this subsection.
C. Corner tenants may have two (2) signs, one (1) on the face of each facade facing a public road, driveway or parking lot. The second sign may measure up to seventy-five (75) percent of the area permitted for the principal wall sign.
D. The face of each wall sign shall measure no larger than thirty (30) square feet, forty-five (45) square feet for multi-tenant buildings with a shared entrance. However, an additional ten (10) square feet may be approved by the Planning Commission when the following criteria are met:
i. The building is located more than one hundred (100) feet from the edge of the public road right-of-way.
ii. The tenant occupies a proportionately larger portion of the building than the remaining tenants.
iii. The sign is proportionate to the mass and scale of the building.
Wall signs exceeding the permitted area noted above will be subject to the special land use criteria of Section 7.04(c).
E. All walls signs, if illuminated, shall be illuminated in a manner that is not intermittent, nor causing a hazard to others.
F. Mixed use/commercial/office/other non-residential uses may substitute a projectingsign for a wall sign based upon the following considerations:
i. The size, shape and topography of the property.
ii. The relationship of the sign to neighboring properties and signs.
iii. The relationship to and visibility from the public street where the property is located.
(6) Ground (Free-Standing) Signs for Non-Residential Uses.
A. Only one (1) free-standing sign is permitted on any premise; however, the Planning Commission may permit a second sign which is not to exceed seventy-five (75) percent of the first sign area when having frontage on two (2) streets.
B. All ground signs shall be setback a minimum of ten (10) feet from the public right-of-way, ten (10) feet from the edge of the pavement of any driveway and ten (10) feet from the public sidewalk.
C. No ground sign shall be within one hundred (100) feet of another ground sign.
D. All ground signs, if illuminated, shall be illuminated in a manner that is not intermittent, nor causing a hazard to others.
E. All ground signs shall be no taller than six (6) feet above grade, unless Planning Commission deems there to be a demonstrated need for increased height based upon the special land use criteria of Section 7.04(c).
F. No ground sign shall exceed thirty-two (32) square feet per side, or sixty-four (64) square feet total. The ground sign shall also only identify the name of the center.
(i) Lighting. All lighting shall conform to the requirements of Section 8.05, in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details.
(1) All street lighting shall be installed in accordance with City standards.
(2) Architectural lighting, which is strongly recommended, shall articulate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement.
(3) Pedestrian walk lighting shall clearly identify the pedestrian walkway and direction of travel.
(j) Landscaping/Greenbelts/Buffers/Screening Elements. All landscape features of the site shall conform to the requirements detailed in Section 5.10, in order to ensure that the image of the City is promoted by the organization, unification and character of the District.
(k) General Site Design/Architectural Guidelines for Non-Residential Uses. It is the intent of the District to provide an environment of high quality and complementary building architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape.
(1) Miscellaneous Design Criteria.
A. Building entries shall be readily identifiable and accessible, with at least one (1) main entrance facing and open directly onto a connecting walkway with pedestrian frontage.
B. Architecture will be evaluated based upon its compatibility and relationships to the landscape, and vice versa.
(2) Building Massing and Form.
A. Architectural interest shall be provided through the use of repetitious patterns of color, texture and material modules, at least one (1) of which shall repeat horizontally. Each module should repeat at intervals of no more than fifty (50) feet.
B. Building facades greater than one hundred (100) feet in length shall incorporate recesses, projections, or spandrel windows along at least twenty (20) percent of the length of the facade. Windows, awnings, and arcades must total at least sixty (60) percent of a facade length abutting a public street or connecting pedestrian frontage.
C. Primary building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather.
A. Low maintenance shall be a major consideration.
B. Materials shall blend with those existing on adjacent properties.
C. One (1) dominant material shall be selected, with a preference towards masonry and stone.
(4) Building Roofs.
A. In instances where roof vents, roof-mounted mechanical equipment, pipes, etc., can be viewed from above, they shall be grouped together, painted to match roof color to reduce their appearance, and screened from view.
B. In instances where flat roof areas can be viewed from below, all roof vents, roof-mounted mechanical equipment, pipes, etc., shall be screened from view.
C. Sloped and pitched roof treatments are preferred.
D. There shall be variations in roof lines to reduce the massive scale of the structure and add visual interest.
(5) Color and Texture.
A. Simple and uniform texture patterns are encouraged.
B. Variations in color shall be kept to a minimum.
C. Colors shall be subdued in tone, of a low reflectance and of neutral or earth tone colors.
D. Accent colors may be used to express corporate identify, however, neon tubing is prohibited.
(l) Screening of Exterior Electrical Equipment and Transformers.
(1) Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable non combustible enclosure which are unified and harmonious with the overall architectural theme.
(2) Exterior-mounted electrical equipment shall be mounted on the interior of a building wherever possible, or shall be located where it is substantially screened from public view. Such equipment shall never be located on the street side or primary exposure side of any building.
(m) Utilities and Communication Devices.
(1) All exterior on-site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.
(2) On-site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving, and landscape during construction and maintenance.
(3) Satellite dish and antennas shall comply with the standards set forth in Section 6.23.
(n) Cross-Parcel Coordination. The intent of the MXD District is to provide a continuous development pattern which flows between uses and developments. Therefore, a developer shall show proof that an attempt has been made to coordinate all elements of a development with existing adjacent developments and property owners to ensure a coordinated development pattern within the area.