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MU, Mixed-Use District. The purpose of Mixed-use Districts in general is to permit and encourage a combination of multiple uses within a single compact development that enables walkability, reduces reliance on vehicular travel and promotes a more vibrant and interactive urban environment than traditional single-purpose developments. Each of the mixed-use districts established within this chapter is intended to support the specific recommendations of the City of Lorain Comprehensive Plan with respect to development of distinct and identifiable nodes throughout the community.
(Ord. 4-21. Passed 1-4-21.)
Buildings or land shall not be used and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance. Land and/or buildings in the districts indicated at the top of Table 1129.02 may be used for the purposes denoted by the following abbreviations:
(a) Permitted Use (P). Land and/or buildings with this designation may be used for these purposes by right.
(b) Conditional Use (C). Land and/or buildings with this designation may be used for these purposes if conditional approval is granted by the planning commission upon a finding that all applicable requirements in Chapter 1143 are satisfied.
(Ord. 4-21. Passed 1-4-21; Ord. 251-23. Passed 12-4-23.)
All lots and buildings shall meet the minimum area and width requirements listed below in Table 1129.03 for the corresponding district requirements. New lots shall not be created, except in conformance with these requirements. In addition, all structures and their placement on a lot shall conform to the minimum dimensional requirements listed.
9 Refers to total project area to be developed.
10 Refers to area occupied by commercial, office or institutional uses and associated parking, not including required open space. Accessory business uses entirely within a principal use such as golf course pro shops, employee day care or hair salons for residents of a retirement community shall not be counted toward the non-residential area requirements.
11 Minimum setbacks shall not be applied to individual lots within the development; provided, all greenway and buffer requirements specified in Chapter 1147 shall apply to property abutting the perimeter of the mixed-use development and any public street.
12 Required open space may include the following if generally accessible to all users of the mixed-use development: parks, landscaped buffer areas, lakes, rooftop gardens, plazas, city squares, playgrounds and recreation areas, outdoor sports facilities and pedestrian walkways or paths; provided, the requirements of Section 1129.04 shall be met.
(Ord. 4-21. Passed 1-4-21.)
(a) Open Space. Dedicated open space shall be provided in accordance with the following standards:
(1) A minimum percentage of the gross land area, as specified in Table 1129.03, shall be dedicated open space. A residential density bonus over and above the density otherwise allowed in the mixed- use district may be approved by the City Council; provided, the applicant increases the percentage of the total project area to be dedicated for open space. This bonus may be granted only if specifically requested by the applicant. Any such bonus shall consist of a one percent (1%) increase in the allowable density for every one percent (1%) of land area devoted to dedicated open space.
(2) Dedicated open space land shall be shown on the preliminary plat or site plan and shall be labeled to specify that the land has been dedicated for open space purposes and is permanently reserved for open space. The applicant shall convey the dedicated open space as a condition of plat approval through any of the following means, as approved by the City Council:
A. Deeded in perpetuity to the City of Lorain, only if accepted by the City Council;
B. Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the City Law Director. A copy of the proposed deed covenants and restrictions shall be submitted with the application. The deed covenants shall provide that the HOA shall be responsible for the care and maintenance of all common areas.
C. Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application;
D. Deeded to a property owner's association within the development upon terms and conditions approved by the City Law Director that will ensure the continued use and management of the land for the intended purposes. If this option is selected, the formation and incorporation by the applicant of one (1) or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the by-laws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owners' association:
i. Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit;
ii. The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities;
iii. The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities;
iv. The applicant shall maintain control of dedicated open land and be responsible for its maintenance until development sufficient to support the association has taken place.
(3) As an alternative to providing all required open space on site, if approved by the city council, the applicant may provide up to fifty percent (50%) of the required open space utilizing one of the following options:
A. Dedication of an off-site parcel within the City limits; provided, the land is identified for open space or recreational purposes in an adopted City plan, the land is determined to be suitable for such purpose, and the area of such land is at least equal to the area for which the transfer is requested; or
B. Fees-in-lieu may be paid to the City, if accepted by the City Council, for open space acquisition purposes. The amount of the fee shall be determined by the City Council, based on the current market value of comparable properties within the City.
(4) Open space to be dedicated to the City shall have shape, dimension, character, location and topography to ensure appropriate public access and usability, and to accomplish at least two (2) of the following open space purposes:
A. Natural resource conservation;
B. Wetland and water course conservation;
C. Access to Lake Erie or the Black River;
D. Wildlife habitat;
E. Recreation;
F. Contiguity with existing city parks;
G. Civic purposes; or
H. Scenic preservation.
(5) Dedicated open space features that are not dedicated to the City may be open to the general public or restricted to the residents and users of the development.
(6) Streets, sidewalks, parking lots and other impervious surfaces shall be excluded from the calculation of required open space. However, lands occupied by tennis courts, basketball courts, swimming pools, pathways or similar common recreational amenities may be contained within dedicated open space; provided, such facilities shall not constitute more than twenty percent (20%) of the total required open space;
(7) Up to fifty percent (50%) of the dedicated open space requirement may be satisfied with land covered by water or by stormwater detention or retention basins if the City determines that such a water body or basin constitutes an amenity that contributes to the character of the mixed-use development and offers an active or passive leisure experience.
(8) At least fifty percent (50%) of the dedicated open space within a mixed-use development shall be usable for active and passive recreation including by way of example, but not limited to, walking, biking, playfields, picnicking, playgrounds, relaxation, and boating.
(9) The dedicated open space shall not be included in subdivision lots designated for development or in lot size calculations but may be subdivided; provided, it remains undeveloped open space.
(b) Relationship to Other Regulations. Each proposal for development within a mixed-use district is anticipated to be unique. Except as provided by this subsection, all mixed-use development shall be subject to the applicable standards, procedures, and regulations of this Ordinance. The development conditions submitted as part of the mixed-use application, per Section 1129.04(c)(4), and approved by the City Council, shall supersede these regulations, unless otherwise prohibited by law, and shall be vested per the ordinance in effect at the time of approval.
(c) Parking. In order to support the concept of mixed-use, as described in Section 1129.01, the Planning Commission may recommend and Council may approve modification of the minimum parking requirements of Section 1149.03 to facilitate shared parking, walkability and/or use of alternate transportation modes.
(d) Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the mixed-use development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the City design standards.
(e) Platting. Platting requirements shall be in accordance with the subdivision regulations of the City of Lorain in effect at the time the mixed-use development is approved. Plat approval shall be subject to and conditioned upon approved covenants and restrictions being filed with the approved plat.
(f) Performance Guarantees. Financial guarantees to ensure performance shall be provided in accordance with Section 1173.06 of this Ordinance.
(g) Private Covenants and Restrictions.
(1) Covenants and restrictions for the property within any mixed-use district are required and must be recorded with the office of the County Clerk prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.
(2) Covenants and restrictions shall:
A. Be based on the conditions attached to the approved mixed-use district application;
B. Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;
C. Establish a property owners association (POA) with mandatory membership for each owner or person taking title to land located within the development, and require the collection of assessments from owners in an amount sufficient to pay for its functions; and
D. Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by Section 1129.04(a)(2).
(Ord. 4-21. Passed 1-4-21.)
All requests for approval of a mixed-use zoning district shall be subject to the review and approval procedures of this section. Mixed-use zoning may be established on any property at the initiation of the City of Lorain or by rezoning application submitted by the property owner. If initiated by the City, development of the property shall be subject to review and approval of concept and final development plans, in accordance with the applicable provisions of this section.
(a) Pre-application Review.
(1) All applicants seeking mixed-use zoning approval shall schedule a pre-application conference with the Zoning Administrator (and other department personal as the Zoning Administrator deems appropriate) to discuss the proposed development. At the pre-application conference, the Zoning Administrator shall review a proposed sketch plan.
(2) At minimum, the sketch plan shall contain the following information:
A. Location map of the proposed site;
B. General description of proposed land uses, including approximate location and acreage; and
C. Proposed gross density of the development, and net density of individual areas or parcels within the development.
(3) A narrative description shall also accompany the sketch plan. The narrative shall describe how the proposed mixed-use zoning and uses relate to the recommendations of the Lorain Comprehensive Plan and any anticipated inconsistencies between the proposed development and the provisions of this chapter.
(4) The Zoning Administrator shall review the sketch plan and narrative and advise the applicant regarding conformance or inconsistencies with the requirements of this chapter and any modifications that may be required to comply with the Ordinance requirements. Once the pre-application conference is complete, if the applicant wishes to proceed with the zoning application a preliminary plan of the entire mixed-use development shall be prepared and submitted with a formal application.
(b) Approval Authority.
(1) The Planning Commission and, where applicable, the Design Review Board shall have review and advisory authority for the preliminary plan.
(2) The City Council shall have final approval authority for the zoning change and the preliminary plan.
(c) Preliminary Plan.
(1) Application requirements.
A. A complete application shall be filed on a form provided by the Zoning Administrator, along with the application fee, a preliminary plan meeting all requirements of Section 1129.05(c)(2) and any development conditions proposed by the applicant. Incomplete applications or preliminary plans shall be returned to the applicant without further processing.
B. Unless specifically modified by development conditions accepted by the City Council, a mixed-use development shall comply with all regulations in effect at the time of rezoning approval.
(2) Preliminary plan requirements. At minimum, the preliminary plan shall contain the following information in schematic form, unless specifically waived by the Zoning Administrator:
A. A title, giving the names of the developers and property owners, the date, scale, and the person or firm preparing the plan.
B. A vicinity map and north arrow.
C. The location and size of the property involved.
D. The current zoning of the subject property and surrounding properties.
E. The general land use of adjoining properties.
F. Location of proposed uses assigned to sub-areas within the subject property.
G. A tabulation of total dwelling units and overall densities and the approximate gross floor area to be devoted to non-residential uses and activities.
H. General location of existing steep slopes, flood zones, wetlands and other riparian areas, stands of trees, and other significant environmental features.
I. General layout of intended transportation routes including streets and major pedestrian ways.
J. The location of existing infrastructure (examples may include: roadways, sidewalks, and proximity of nearest water and/or sewer mains).
K. Conceptual location for any proposed public uses including schools, parks, fire and medical emergency services, etc.
L. General areas to be designated for common open space.
M. A phasing plan, if applicable.
N. A narrative statement of proposed benefits to the City.
(3) Review and approval.
A. Staff review.
i. Upon receipt of a complete mixed-use development application, the Zoning Administrator shall distribute the application materials to the appropriate City departments for review, including, but not limited to, engineering, utilities, fire, safety service, the Mayor, and the law department.
ii. If the proposed project is located within the design review overlay district or on property containing a designated historic structure or landmark the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.
iii. The Zoning Administrator shall prepare a staff report based on the comments provided by Planning Department and other staff and, if applicable, the Design Review Board. The report and recommendations shall be forwarded to the Planning Commission for review and recommendation.
iv. The Zoning Administrator shall provide notice as required and schedule the mixed-use application on the next available Planning Commission agenda in accordance with the rules of procedure established by the Planning Commission. The Zoning Administrator will then inform the applicant/agent when the request will appear on the Planning Commission agenda for action on the application. The applicant or authorized representative must be present at the meeting or the matter may be tabled, denied without consideration, or acted upon based upon the information and documents then properly before the Commission.
B. Planning Commission hearing and recommendation.
i. The Zoning Administrator shall present the staff report to the Planning Commission.
ii. After allowing time for presentation from the applicant and public comments, the Planning Commission shall consider the application, staff report and public comment for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
iii. The Planning Commission shall then make a recommendation to the City Council to approve or deny the application. Conditions may also be recommended for Council consideration.
iv. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
C. City Council final decision.
i. The staff report and Planning Commission recommendations shall be forwarded to the City Council for review and final decision.
ii. The zoning administrator shall submit Planning Commission's recommended action on the mixed use application to the Clerk of Council for placement on the agenda of the next available City Council meeting, after any required notice has been published in accordance with all requirements established by applicable Ohio and City of Lorain statutes, ordinances, and regulations, or by Council rules.
iii. After allowing time for presentation from the applicant and other comments, the City Council shall consider the application for conformance with the requirements of this Ordinance and the review criteria in Section 1129.06.
iv. The City Council shall make a decision to approve the application, approve the conditions, or deny the application.
v. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
(4) Development conditions. The applicant may offer, or Council may impose, conditions to be attached to the rezoning.
A. Conditions may be more restrictive than the requirements of this chapter or may propose modifications of the requirements in Table 1129.03 but shall not alter the intent of the applicable mixed-use district nor permit uses not authorized by Table 1129.02. In addition, the conditions offered or imposed shall be consistent with the land use, density and other relevant recommendations of the City's comprehensive plan for the subject property.
B. Within a mixed-use development, the minimum buffer requirements specified in Section 1147.04(b) between uses shall not apply within the mixed-use development; provided, the Planning Commission or City Council may require separation or buffering of uses as a condition of preliminary plan approval.
C. The conditions shall be described in writing.
D. The development conditions shall be binding upon the property, unless amended by in conformance with the requirements of Section 1129.05(e).
(d) Final Plan or Site-Specific Plan.
(1) Phasing. The mixed-use development may be completed in multiple phases. If the development is to be completed in a single phase, the applicant shall prepare and submit a final development plan. If the development is to be completed in more than one (1) phase, the applicant may prepare and submit a site-specific plan for one (1) or more phases prior to construction of the phase or phases. In either case, the final plan/site-specific plan (for the initial phase(s)) shall be submitted within two (2) years of the date of approval of the preliminary plan and shall contain the elements required in Section 1145.05(a) for final development plans. Such plan shall conform to the previously approved preliminary plan. Final plans for subsequent phases of the approved development shall be submitted within five (5) years of final plan approval of the initial phase(s); provided, the Planning Commission may grant one (1) extension of this time period up to one (1) year, if requested in writing by the applicant prior to expiration of the five (5) year limit.
(2) Planning Commission review and approval.
A. The Zoning Administrator shall distribute the final plan or site-specific plan and application to the appropriate departments and, if located within the design review overlay district, to the Design Review Board for review to ensure that all required elements are met.
B. Once the plan has been received and reviewed by the departments and, if applicable, the Design Review Board and the applicant has met all of the required elements of this Ordinance, any other applicable regulations, and the adopted preliminary plan and development conditions, the Zoning Administrator shall transmit the plan to the Planning Commission for final approval, in accordance with Section 1145.04(c).
C. If the plan is inconsistent in any significant aspect, as described below, with the approved preliminary plan, the procedure specified in Section 1129.05(e) shall be followed.
D. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.
(3) Expiration. Approval of the final plan or site-specific plan shall be subject to the time limits specified in Section 1145.09.
(e) Amendments. Any and all amendments to the preliminary plan and/or final/site-specific plans for the mixed-use development shall be subject to the following review procedures:
(1) The Zoning Administrator shall have the authority to approve:
A. Changes which result in a decrease in approved density or building size, either residential or non-residential
B. Change in land use designation from multi-family to single-family or a change from any other use to open space/passive recreation.
C. Change of land use in conformance with a use conversion schedule approved with the development agreement.
D. Minor changes in infrastructure features (i.e., roads/access, sewer, water, storm drainage) or of off-site properties which are clearly beneficial to the occupants of the mixed-use area and will have no impact on adjoining or off-site properties; provided, approval has been given by the City Engineer.
E. Movement of buildings within the same general vicinity as shown on the approved plan provided all set back requirements are met.
F. Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.
(2) All other changes shall be considered as a new application and processed in accordance with the provisions of Section 1129.05(c) and (d).
(Ord. 4-21. Passed 1-4-21.)
Applications for mixed-use development shall only be approved upon a finding of compliance with the following criteria:
(b) Development Plan Standards. The standards of Section 1145.06 for development plans shall be satisfied.
(c) Consistency with Comprehensive Plan. All mixed-use development shall be designed, constructed and maintained in conformance with the applicable guidelines and standards established by the City of Lorain Comprehensive Plan.
(d) Integration with Transportation System. Mixed-use developments shall be designed to integrate into the adjacent transportation system relative to the following criteria. A traffic impact assessment, as provided in Section 1149.06(e), may be required to determine conformance with these criteria.
(1) Pedestrian connections to ensure accessibility to current or future transit service, if applicable;
(2) Connectivity to existing and future roadways, sidewalks and pathways;
(3) Complete streets roadway design that accommodates multiple transportation modes;
(4) Strategic locations of parking lots and structures;
(5) Compatibility with the regional transportation system of arterials and collectors; and
(6) Access management to provide internal connections between uses and prohibit individual driveway access to perimeter roads.
(e) Impact on Infrastructure. The development is staged in a manner that allows for and facilitates the timely provision of public utilities, facilities and services.
(f) Compatibility of Uses and Structures. The mixed-use development is planned so land uses and densities create an appropriate transition to existing or planned uses and densities on adjoining properties.
(g) General Site Design: The following characteristics shall be incorporated into the mixed-use development:
(1) Pedestrian accessibility/concentration of development (critical mass) in a compact, walkable area.
A. Uses are concentrated to promote convenient pedestrian access. Large projects concentrate uses in multiple nodes, each preferably within a quarter-mile diameter.
B. Pedestrian circulation is clearly defined and connects all uses.
C. Bicycle and pedestrian access are provided internally and to adjacent developments.
D. Sidewalks are provided on each side of rights-of-way or private streets throughout the development and on the arterial streets abutting the development.
E. Strip commercial development characterized by single story uncoordinated, unconnected buildings with large street frontage parking lots is specifically prohibited. Strip malls with uncoordinated, unconnected out parcels are prohibited. All structures shall be fully integrated into the mixed-use project through common design themes (including, but not limited to, lighting, benches, landscaping, other decorative features but not necessarily building design), integration with a variety of uses, nonlinear arrangement, common spaces, pedestrian walkways, vehicular access connections and other features.
(2) Plazas, courtyards and other common areas are provided for public gathering and interaction. Amenities, such as benches, planters, lighting, fountains, art and landscaping that further the design theme of the project and encourage interaction shall be provided.
(3) Mixed-use projects require special attention to building design because of the relationship of land uses in close proximity. Functional integration of residential and commercial uses shall be considered during design of mixed-use projects. The following standards are intended to guide development of mixed-use projects:
A. The mixed-use development shall be designed and developed to provide an appropriate interrelationship between the various uses and structures within the development through the use of complementary materials, unified streetscape treatment, buffering, connectivity for vehicular and pedestrian movement, building orientation, parking location and height transition.
B. Residential and commercial uses may be located within the same or adjoining structures, provided applicable building, health and safety regulations are followed.
C. Structures shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Structures shall have consistent scale and massing to create a unified project. Compatibility with the immediate context is required. However, gradual transitions in scale and massing are permitted.
i. Blank walls shall be avoided by including ground floor windows, recesses, extensions and breaks in roof elevation.
ii. Design shall provide differentiation between ground level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies or other similar treatments for lower levels can provide differentiation. Variation in building materials, trim, paint, ornamentation, windows, or other features such as public art, may also be used.
iii. Design shall ensure privacy in residential sectors through effective window placement, soundproofing, landscape screening or orientation of outdoor living areas (e.g., balconies, porches and patios). Opposite facing windows at close distances should be offset vertically or horizontally, or employ appropriate materials (e.g., glazed or tinted) to protect privacy.
(4) Housing diversity shall be required. At least two (2) different residential types, as listed in the Schedule of Uses, with a range of sizes shall be incorporated into the development.
(5) Permitted flexibility in lot sizes, setbacks, street widths and landscaping shall result in a more livable development, preservation of natural features and creation of open space consistent with the policies of the comprehensive plan and this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
In addition to the requirements of this chapter, all development in the mixed-use district shall meet the applicable requirements as listed elsewhere in this ordinance; provided, in the event of a conflict, the requirements of the Mixed-Use District shall supersede.
(Ord. 4-21. Passed 1-4-21.)