The intent of this district is to accommodate commercial development that is environmentally and aesthetically compatible with surrounding residential areas. The requirements of this district are designed to ensure that the Mixed Use District development be in harmony with the surrounding residential area in such a way that it does not impair existing and future residential development. All establishments developed under the Mixed Use District classification shall be scaled to meet the convenience shopping needs of the immediate area.
The following criteria should be used in zoning property Mixed Use District:
(1) The Mixed Use District zoning classification must be consistent with the development plan for the area.
(2) It should be determined that the proposed Mixed Use District zoning classification is necessary to provide the immediate area with the convenience shopping.
(3) The Mixed Use District use must not put any undue burden on existing streets or utilities.
(4) Wherever possible, group development should be encouraged as an effort to concentrate Mixed Use District uses.
(5) Reclassification to Mixed Use District should not contribute to undue scattering of commercial development.
(6) The Mixed Use District shall be located on a collector or an arterial street.
(a) Uses Permitted on Review: Uses permitted in the Mixed Use District may be permitted on review by the Planning and Zoning Commission in accordance with the provisions of Chapter 1159.
Offices, including financial institutions.
Personal services establishments including such uses as:
Barber shop
Beauty shop
Dressmaking
Dry cleaning and laundry pick-up stations
Services carried out as home occupations
Shoe repair shop
Tailoring
Private day care nurseries and kindergartens
Public, semi-public uses
Retail establishments which provide general merchandise for local neighborhood use including such uses as :
Bakery goods store
Candy store
Confectionery store
Dairy products store
Drug store
Florist
Food store
Gasoline sales in conjunction with convenience good store
Gift shop
Hardware store
Hobby shop
Newsstand
Novelty shop
Stationery shop
(b) Relationship of Building to Lots: One or more principal structures may be permitted on a single lot.
(f) Signs: Identification signs and business signs are allowed subject to review by the Planning and Zoning Commission. No signs shall have flashing lights or movable display parts.
(g) Screening:
A. A screening and landscaping plan shall be approved by the Planning and Zoning Commission.
B. Screening shall be provided along the side and rear property lines adjacent to residential districts.
C. Landscaping shall be provided along street frontages. Natural landscaping may be counted toward this requirement.
(h) Application Procedure:
A. All applications for development in the Mixed Use District shall be made to the office of the Zoning Administrator. The Zoning Administrator shall, forward copies of the application to the Planning and Zoning Commission, within 30 days the Planning and Zoning Commission shall review and make a recommendation. Appeals to this recommendation shall be heard by City Council
B. Before the Planning and Zoning Commission makes a recommendation to the City Council, it shall determine the following:
1. That the spirit of the zoning ordinance shall not be violated.
2. That the proposed development will be in harmony with existing developments.
3. That the proposed development will be a desirable addition to the physical pattern of the neighborhood.
4. That the design be such that additional traffic will not be a burden on existing streets.
5. That no adverse environmental impacts will be created by the proposed development.
6. That the size of the proposed development will exceed the convenience commercial needs of the immediate area.
7. That the visual appearance of the development will harmonize with the existing development.
8. That the architectural character blends with the surrounding area.
C. Applications for a Mixed Use District development shall include the following data and other reasonable information that the Planning and Zoning Commission may require in their review of the application:
1. The location and size of the site.
2. The location of all curb cuts and points of egress and ingress and all sidewalks and dimensions thereof.
3. Density of land use proposed for every part of the site.
4. The location and size of any existing or proposed roads within the Mixed Use District.
5. Photographs of surrounding development.
6. Elevations of proposed development.
7. Perspective sketch indication color and materials of all structures and screenings.
8. The location of all parking.
9. The location and types of all exterior light fixtures.
10. A complete landscaping and screening plan.
11. Plans showing complete drainage of entire site.
D. In addition to the above information, the following will be required:
1. A copy of covenants, grants, or easements or other restrictions proposed to be impose upon the use of land, buildings, and structures including proposed easements for grants for public utilities.
2. A schedule showing the proposed times for constructing the development.
3. A statement indicating the intent to development the site as proposed in the plans submitted.
(i) Annual Review. After a period of one year from the date of rezoning, the Zoning Administrator shall review the status of the approved Mixed Use District development. If significant progress is not demonstrated at that time, the Zoning Administrator shall advise the Planning & Zoning Commission of his findings. If the Planning & Zoning Commission determines that it would be in the best interest of the area to rezone property to the previous classification, a recommendation shall be made to City Council. City Council shall schedule a public hearing to rezone the property. The property owner(s) shall be notified in writing at least 30 days prior to the hearing. If within 15 days the owner and/or developer is able to present proof of progress, the City Council may withdraw the application.
(Ord. 2015-10. Passed 12-8-15.)