A. Purpose:
1. The purpose of the Neighborhood Mixed-Use 1 (NMU-1) zone is to create new development and redevelopment areas that are:
a. Mixed use;
b. Pedestrian-focused; and
c. Transit-oriented.
2. The desired development pattern of the NMU-1 zone shall be facilitated through flexible site and community design principles that:
a. Result in a mix of land uses that are compatible, mutually supportive, well connected through a variety of transportation choices;
b. Result in convenient, safe, direct, and well-connected transit and pedestrian linkages;
c. Result in a reduction in the need for parking;
d. Result in compact development that creates public spaces, including but not limited to plazas and other outdoor amenity areas; and
e. Result in sustainable infrastructure and building design consistent with best practices.
B. Uses: Uses in the NMU-1 zone are limited to the following:
1. Allowed Uses:
a. Bars, taverns, clubs;
b. Home based business, Class 1 (see Section 10-8-4);
c. Mixed use structure;
d. Mobile food business;
e. Open space;
f. Park, community;
g. Park, neighborhood;
h. Recycling facilities, Class 1;
i. Solar array, minor;
j. Telecommunication facilities, co-location;
k. Trails, community wide;
l. Trails, neighborhood;
m. Trailhead parking;
n. Offices, general; and
o. Retail sales, convenience store.
2. Low Impact Uses:
a. Art space with limited public performances;
b. Banks and financial services, no drive-through;
c. Building and maintenance services;
d. Childcare center;
e. Construction management office;
f. Construction services, contract;
g. Cultural activity;
h. Dwelling unit, employee;
i. Funeral services;
j. Healthcare facilities;
k. Home based business, Class II;
l. Laundromat;
m. Offices, medical and dental;
n. Personal improvement services;
o. Personal services;
p. Property management offices, check-in;
q. Public community event center;
r. Rehearsal or teaching studio for creative, performing and/or martial arts with no public performances;
s. Restaurant, deli or takeout (no drive through);
t. Restaurant full service;
u. Retail sales, general, less than ten thousand (10,000) square feet in size;
v. Telecommunication facilities other than co-location or stealth;
w. Telecommunication facilities, stealth;
x. Transportation services;
y. Utility facilities, above ground;
z. Utility facilities, major;
aa. Utility facilities, underground; and
bb. Veterinarian.
3. Conditional Uses:
a. Churches, schools and institutional uses;
b. Commercial event center;
c. Dwelling unit, multi-family;
d. Group home;
e. Hazardous liquids or materials transmission pipelines;
f. Historic structures, preservation of, including related accessory and supporting uses;
g. Hotel, motel, or inn;
h. Indoor entertainment such as bowling alleys, skating rinks, movie theaters, performing arts center;
i. Mobile food court;
j. Nursing home;
k. Office, intensive;
l. Open recreation uses, commercial;
m. Park and ride lot;
n. Parking lot, commercial;
o. Public facilities;
p. Recreation and athletic facilities, commercial;
q. Recreation and athletic facilities, private;
r. Recreation, public; and
s. Retail sales, general, larger than ten thousand (10,000) square feet less than fifty thousand (50,000) square feet in size.
4. Temporary Uses:
a. Temporary use or structure.
C. Rezoning Eligibility: Properties must meet all the following criteria to be eligible for consideration for a rezone to IMMU-1:
1. The property(s) must be designated for mixed-use on the Snyderville Basin General Plan, Future Land Use Map;
2. The property(s) must be adjacent to (or a redevelopment of) existing commercial, mixed-use, or institutional/civic development:
3. The property(s) must be located along an existing transit system or within the County Master Planned Development process, receive a written commitment to provide service from the County Regional Transportation Planning Director.
4. Property subject to the terms and conditions of any prior development agreement, settlement agreement or similar instrument shall remain subject to those terms and conditions until such time as the prior agreement is amended or terminated as part of the Master Planned Development Process.
D. Rezoning And Master Planned Development: A proposal for a rezone to the NMU-1 zone shall be processed concurrently with a master planned development application subject to this title.
E. Density: The maximum density in the NMU-1 shall be determined by the ability of the proposed development to meet all required development and performance standards and criteria set forth in this title.
F. Setbacks:
1. Unless otherwise permitted through the Master Planned Development process, setbacks in the NMU-1 zone shall be as follows:
Exterior Boundary Setback | To mitigate negative impacts, preserve view corridors or create a compatible street design/streetscape, the planning commission or county council may modify the setbacks around the exterior boundary of the project. In some cases, that setback may be increased to create an adequate buffer to adjacent uses at the discretion of the county. The planning commission/county council may reduce setbacks within the project from those otherwise required provided the project meets minimum International Building Code and Fire Code requirements and advances the goals set forth in the General Plan. |
Front Setback | The minimum front setback is twenty feet (20') for all structures. The twenty foot (20') front setback may be reduced to ten feet (10'), provided all on-site parking is at the rear of the property or is in structured parking. |
Front Setback (if property line extends to the centerline of a road) | The minimum front setback is forty-five feet (45') for all structures. The forty-five foot (45') front setback may be reduced to twenty feet (20'), provided all on-site parking is at the rear of the property or is in structured parking. All structures and improvements, excluding driveways, are to be fully contained on the lot. |
Side Setback | The minimum side setback is ten feet (10'). |
Rear Setback | The minimum rear setback is ten feet (10'). |
Wetland Setback | Forty feet (40') from delineation line as defined by the Army Corps of Engineers. |
East Canyon Creek Setback | One hundred fifty feet (150') from centerline. |
River or Perennial Stream Setback | One hundred feet (100') from centerline. |
Lake or Natural Pond Setback | Fifty feet (50') from high water mark. |
Designated Roadway Setback, Highways 224, 40, 248, and Interstate 80 | One hundred feet (100') from the edge of the right of way. |
Frontage Road Setback, including, but not limited to, Kilby Road, Rasmussen Road, Bitner Road, North Pace Frontage Road, and US-40 Frontage Road | Sixty feet (60') from the edge of the right of way. |
2. On a corner lot, one minimum front setback and one minimum side setback is required with the following provisions:
a. Any frontage with a driveway leading to a garage or parking space shall have a front setback.
b. On any corner lot, a clear view area must be maintained. This is a triangular area formed by the property lines abutting the street and a line connecting them at points twenty-five feet (25') from the intersection of the property lines. No obstruction to view more than three (3) feet in height shall be placed in the clear view area, including walls, fences, structures, signs, trees, shrubs, or hedges. When topography presents a clear view, the area shall be graded to provide visual clearance.
G. Height: Unless otherwise permitted through the Master Planned Development (MPD) process, the maximum building height in the NMU-1 zone shall be forty-five feet (45').
Exception: The county council may grant a height exception up to a maximum of sixty feet (60') to accommodate affordable housing and/or structured parking through the MPD process.
For any building sharing a common property line with a detached single-family dwelling unit, the maximum height is limited to forty-five feet (45') and may not be increased through any process.
Step Back Requirement: Floors rising above thirty-five feet (35') in height shall be stepped back fifteen (15) horizontal feet from the building foundation at grade for building elevations that are facing a public street, public trail, or public open space. This step back does not apply to balconies on buildings with floors rising above thirty-five feet (35') in height.
H. Performance Standards: In addition to compliance with all Master Planned Development criteria set forth in this title, the following performance criteria shall apply to the NMU-1 zone.
1. Open Space: Unless otherwise approved through the Master Planned Development process, all Master Planned Developments in the NMU-1 zone shall provide twenty-five percent (25%) of the project area for outdoor space, plaza, pathways, and/or trails and open space.
2. Mixed Use: Unless otherwise approved through the MPD process, all Master Planned Developments in the NMU-1 zone shall have a minimum of three (3) land uses (residential, commercial, office, recreation, civic, etc.) integrated into the project area. A range of different uses along the street, as well as diversity in building design and scale is encouraged wherever practicable.
3. Limitation On Direct Retail Sales: Unless otherwise approved through the Master Planned Development process, no single retail use may exceed fifty thousand (50,000) square feet.
4. Single-Story Commercial Building Standards: Unless otherwise approved through the Master Planned Development process, no single-story commercial structures greater than one thousand (1,000) square feet are permitted in the NMU-1 zone.
5. Access To Public Transportation: All Master Planned Developments in the NMU-1 zone shall provide facilities that substantially facilitate, enhance, and support the use of alternative public transportation options such as transit services, neighborhood circulators, employee shuttles, car share, bicycle share, and bicycle and pedestrian infrastructure. Unless otherwise permitted through the Master Planned Development process, all Master Planned Developments in the NMU-1 zone shall provide a transit center, transportation stops and/or other improvements necessary to mitigate the impacts of the development. Unless otherwise permitted through the Master Planned Development process, all transit centers shall include a building with a waiting area, restrooms, bicycle lockers, and bike racks. All transportation stops shall include shelters and bicycle racks to mitigate the impacts of the development.
6. Neighborhood Connectivity: All Master Planned Developments in the NMU-1 zone shall provide pedestrian and bicycle linkages within the project area as well as connections to adjacent/off-site sidewalk, pathway, and trail systems. Wherever possible, the developer shall separate pedestrian and bicycle linkages from vehicular areas without disrupting the pedestrian way. Bicycle parking, storage, and bicycle racks consistent with the Summit County bicycle parking standards, guidelines and regulations shall be provided.
7. The Public Realm: All Master Planned Developments in the NMU-1 zone shall provide a project-specific public realm plan for all areas to which the public has access including but not limited to streets, plazas, parking areas, sidewalks, pathways, and associated green spaces. The design of all utilities, infrastructure, and signs/wayfinding shall be included with the plan.
8. Parking: The following parking requirements shall be met. When calculations of the number of required off-street parking spaces result in a fractional number, any fraction of 0.5 or larger shall be rounded up to the next higher whole number.
a. Residential Uses: Unless otherwise modified by the Master Planned Development process, residential parking shall comply with Section 10-4-9 of this title.
b. Non-Residential Uses: The base parking ratio shall be three and one-half (3.5) off-street parking spaces per each one thousand (1,000) square feet of nonresidential space.
Exception: Parking greater than or less than three and one-half (3.5) off- street parking spaces per one thousand (1,000) square feet of non-residential area may be permitted by the county council as part of a Master Planned Development only after the applicant submits a parking study for comparable uses which demonstrates that a higher/lower demand can be anticipated.
(1) When reviewing a request to exceed or reduce the overall parking requirement, the county council shall consider:
(A) Structured parking;
(B) Traffic patterns in the area and how the proposed parking plan will affect them;
(C) Ingress and egress issues, and locations and whether they will affect traffic patterns;
(D) Requiring spaces for van pooling;
(E) Carpool spaces;
(F) Covered bike parking;
(G) Site location as it relates to transit;
(H) Shared parking;
(I) Other conclusions from the parking study; and
(J) The change in parking shall not result in adverse impacts to public walkways, plazas, or other pedestrian circulation areas.
c. Parking Design: To minimize the potential adverse visual impacts of exterior parking, the following requirements shall apply to all parking areas:
(1) Unless otherwise permitted through the Master Planned Development process, off-street parking areas shall be located to the rear of the building and be designed to facilitate and optimize the traffic and pedestrian flow of the development. Single purpose uses exceeding ten thousand (10,000) square feet shall be permitted to design parking to the front facade provided exterior parking lots, parking structures are hidden from view from most primary streets and crossings serving the project and do not create unsafe pedestrian conditions.
(2) Parking structures shall be designed to have the appearance of horizontal storied buildings that reflect the character of adjacent buildings.
(3) Storefronts shall be located on the street level and designed to create street scape, shall be readily accessible by pedestrian/bicycle linkages and associated facilities.
(4) Structured parking design and space count shall consider project access, circulation, convenience, and practicality and be required to conform to the parking guidelines in the NMU-1 zone. Design shall locate curb cuts away from the main thoroughfare.
(5) Developers shall utilize innovative parking reduction techniques such as shared parking, structured parking, smaller stalls, car stackers and valet parking.
(6) Bicycle parking shall be provided. Bicycle parking shall be consistent with the county bicycle parking standards, guidelines and regulations.
9. Architecture And Building Construction: The project architecture shall foster a distinct neighborhood character. Designs shall be sensitive to the landscape and topography of the site. While new structures are not required to mimic historic structures or themed designs, buildings in the NMU-1 zone should reflect local and regional practices regarding materials, and roof forms. Streetscapes should respond to the human, pedestrian scale rather than the automobile. Architecture that relies on standardized corporate designs, mechanical climate control and automobile accessibility is strongly discouraged.
10. Sustainabilitv: Projects shall be socially, economically, and environmentally sustainable. Buildings should be designed, oriented, and constructed to maximize the potential for improved efforts regarding:
a. Connectivity;
b. Energy efficiency;
c. On-site energy generation;
d. Solar orientation, natural light, and ventilation;
e. Thermal and light reduction;
f. Sustainable materials; and
g. Water conservation landscaping such as:
(1) Drought tolerant plant species;
(2) Native plant species;
(3) Xeriscaping;
(4) Time of day watering; and
(5) Rain or moisture sensors on irrigation systems.
11. Site Topography: The project shall be designed to incorporate existing site topography into its design features and to practice excavation and site work that minimizes import and export of materials. Final project grades and elevations may be established as part of the development application and determined through the MPD process.
12. Affordable Housing: For purposes of the NMU-1 zone, and as a condition of receiving increased uses and densities within said zone, the obligation rates set forth under sections 10-5-5(A) (Residential Base Requirement) and 10-5-6(A) (Commercial Base Requirement) (the obligation rate is also referred to as the mitigation rate in 10-5-6(E)) are increased to fifty percent (50%). (Ord. 912, 6-9-2021)