(A) Purpose.
(1) The purpose of this district to provide areas where both low-intensity, professional offices and medium density residential development may locate to serve as a buffer or transitional zone. It will include older, established areas where conditions are changing due to proximity to commercial or other nonresidential activities. It may also include areas along major thoroughfares which would be suited to a mixture of office and residential uses, but which are not desirable for certain types of nonresidential development due to parcel size, potential for traffic congestion due to lack of access control or inadequate carrying capacity, adverse impact on nearby residential areas, or other constraints. It is intended that this district generally not be mapped on interior streets but rather be confined to major arterials and along intersecting streets as a transitional area between residential and nonresidential development.
(2) It is further intended that new development or conversion of existing buildings be compatible with neighboring residences by means of landscaping, open space, and architectural treatment as provided by the district standards.
(B) Permitted principal uses. Only those uses listed below shall be permitted, in accordance with all of the provisions of this district:
(1) No new single-family detached dwellings shall be permitted, provided that existing dwellings shall be allowed to remain and to expand if such expansion is in conformance with the height and setback standards of this district;
(2) Conversions of existing single-family detached dwellings into two attached single-family dwellings subject to compliance with all restrictions of this district and all other city codes and policies, including but not limited to provision of required private outdoor space, off-street parking and separate mechanical and utility systems to each unit;
(3) Single-family attached dwelling units;
(4) Multi-family dwelling units;
(5) Churches and other religious organizations;
(6) Banking and credit agencies other than banks, but not including drive-up windows;
(7) Security and commodity brokers, dealers, exchanges and services;
(8) Insurance agents, brokers and service;
(9) Real estate;
(10) Accounting, auditing and bookkeeping services;
(11) Legal services;
(12) Offices of physicians, dentists, osteopathic physicians, chiropractors, optometrists and other health practitioners;
(13) Management, consulting and public relations services;
(14) Engineering, architectural and surveying services, including landscape architects;
(15) Offices of manufacturers’ sales representatives, subject to no on-site sales, display or storage of a stock in trade;
(16) Travel agencies and bureaus;
(17) Business associations, professional membership organizations and other membership organizations;
(18) Tax return preparation services;
(19) Beauty salons or barber shops, limited to not more than three stylists or barbers;
(20) Photographic or artist’s studios or galleries, but not including sales of cameras, film or other supplies;
(21) Tailor shops and shoe repair engaged in repair, altering or storage of clothes for individuals;
(22) Nursery schools and other child care; and
(23) Extended care, intermediate care or rehabilitation or residential care nursing facilities, but not including care of or homes for the emotionally disturbed, mentally ill, retarded, persons with social or personal problems, delinquents or offenders, or persons with past or present drug or alcohol dependence.
(C) Accessory uses.
(1) Uses clearly subordinate and customarily incidental to the principal use, but not including storage or display of any stock in trade, or any assembly or manufacturing activities, may be allowed subject to § 160.61, provided that the total area of all accessory uses shall not exceed 25% of the gross leasable floor area of the principal use; and
(2) Any use allowed as a principal permitted use by division (B) above may be allowed as an accessory to a single-family dwelling, subject to the following conditions in addition to all other requirements:
(a) The proprietor of such business shall reside on the premises and not more than two persons other than a member of the immediate family occupying the dwelling shall be employed on the premises;
(b) No more than one room or 25% of the gross area of one floor of said dwelling, whichever is less, shall be used for such purpose. Use of accessory buildings for these purposes shall be prohibited;
(c) There shall not be any outdoor storage or activities of any kind related to the business;
(d) On-site parking shall be provided in other than a front yard in an amount sufficient to accommodate all clients and all employees who do not reside on the premises. Such parking shall be in addition to that required by this Code for the dwelling unit; and
(e) Repair activities or operations; pet grooming, care or kenneling operations; and upholstery operations shall be expressly prohibited.
(D) Conditional uses. The following conditional uses may be allowed by the Board of Adjustment subject to § 160.63, provided such use complies with the requirements of this and all other city codes and is in accordance with the Comprehensive Plan of the city:
(1) Conversion of an existing single-family dwelling structure into a use other than two attached single-family uses. Such conversion shall be subject to the following requirements in addition to all other requirements, and in no case shall a detached accessory structure be converted to any use other than a permitted accessory use:
(a) The location of the structure shall not serve as justification for a variance from the requirements for off-street parking, required outdoor space, buffering, landscaping or the performance standards; and
(b) The structure shall be found structurally sound, and shall be fully refurbished as necessary to meet current code requirements for new structures in respect to all life and safety items, plumbing including disconnection of any downspouts or footing drains from the sanitary service, electrical, mechanical, energy consumption, floor loading, lighting and ventilation, as deemed reasonable by the Building Department and the Board of Appeals after giving due consideration to alternative provisions if existing conditions make certain code requirements very difficult or extremely costly to implement.
(2) Mixed use buildings combining residential and commercial uses, which shall exhibit exemplary design and provide a high-quality residential living environment that is not adversely impacted by noise or activities associated with the commercial uses. Such design shall include the following:
(a) Required private outdoor space shall be fully enclosed by a six foot high opaque wood or masonry fence if located on the ground level, and if on an upper floor shall be so located or screened as to not be visible from the parking lot or commercial units;
(b) Commercial and residential uses generally shall not be located on the same level except where it can be demonstrated that the commercial uses will be fully separated from and will not intrude upon the residential uses, as may be possible when commercial usage occurs in the front portion of the lot and residence in the rear; in no case shall commercial uses be located on a level above residential uses;
(c) Parking shall be calculated on the basis of commercial floor area plus 1.25 spaces for each residential dwelling unit, which spaces shall be separate and distinguished from the commercial parking area and reserved for the residences; and
(d) Residential entrances shall be readily distinguished from commercial entries by reason of separation or design.
(3) An accessory business as permitted by division (C)(2) above, but employing three or more persons who are not members of the immediate family occupying the dwelling. Approval of such use shall consider the following:
(a) Whether said business will comply with division (C)(2) above;
(b) That the width and area of the lot approximates that required for a commercial or a mixed use, or that the nature of the business or the duties of the proposed employees are such that the additional employees will not generate a significant increase in the number of customers and clients; and
(c) Whether improvements or expansions will be necessary to accommodate the increased employees, that may impair the ability of the property to comply with the requirements of this Code pertaining to conversions of existing dwellings and to mixed use buildings.
(4) Public utility facilities, including transmission and distribution equipment, substations, regulator stations and buildings associated therewith, but not including facilities for maintenance or general operations or communication towers. Evidence shall be provided to show such facilities are essential to service the public; that no reasonable alternative exists; and that all negative impacts, including esthetics, have been mitigated to the extent possible;
(5) Small wind energy conversion system (SWECS), subject to § 160.48;
(6) Communication towers with a height of 100 feet or less, on a nonresidential property such as a school or church, subject to a minimum setback of 200 feet from the boundary of any property used or expected to be used for residential purposes, and subject to § 160.47; and
(7) Bed and breakfast, subject to § 160.57.
(E) Performance standards.
(1) No stock in trade shall be stored or displayed nor shall any assembly or manufacturing activities be conducted on the premises.
(2) A minimum of 15% of the lot in addition to required landscape setbacks and buffer yards shall be maintained as open space landscaped with grass, trees, shrubs and other plant material in accordance with § 160.28.
(3) No parking areas shall be located in the minimum front yard or minimum side yard adjacent to a street as specified by division (F) below.
(4) All refuse collection areas shall be fully enclosed by a six-foot high opaque fence or masonry wall.
(5) Where the lot abuts a residential district other than property located in this district, a buffer yard shall be provided between such use in accordance with § 160.27.
(6) Lots fronting on an arterial street shall not exceed one drive access onto each such arterial street, except as provided below. Common drives between adjacent landowners shall be encouraged in lieu of individual drives, recommended to be located with the common property line as the centerline of the drive and required to be located a minimum of 125 feet from any other drive as measured from centerline to centerline. Where such common drive is provided, and joint access easements to parking areas are provided, required parking spaces on each lot may be reduced in number by up to 5%. One additional drive access may be permitted for a lot with continuous frontage in excess of 300 feet, or two additional drive accesses for continuous frontage in excess of 600 feet, if proper spacing is provided.
(7) All commercial activities, storage and display shall be contained within a fully enclosed building.
(8) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy under normal circumstances.
(9) Private open space shall be provided adjacent and accessible to each dwelling unit consisting of balconies, deck or yard. Required open space for one- and two-family dwellings shall generally have a minimum dimension of 15 feet and minimum area of 400 square feet, and one-half of the required area shall not exceed a slope of 5%. Private open space for dwelling units located in ground level of multiple family or mixed use structures shall have a minimum dimension of 15 feet and minimum area of 250 square feet and such units located entirely above the ground floor shall generally have a minimum dimension of six feet and minimum area of 60 square feet. A minimum separation of ten feet shall be maintained between any parking lot and ground level private open space.
(10) Dwelling units other than single-family detached dwellings shall have a minimum finished floor area of 700 square feet exclusive of areas more than 50% below the average finished grade, porches or garages.
(11) In accordance with the purpose of this district to create a zone of transition between commercial and single-family residential areas, the architectural design shall facilitate this transition by using facade materials common to residential structures such as wood, face brick, stone or stucco, and generally not metal or concrete or unfinished surfaces; shall have a pitched roof with a minimum 4/12 slope as opposed to a flat roof; attempt to break up large building masses by use of staggered offsets in the front facade, and size and locate windows and doors so the scale will be as residential in character as reasonably practical without substantially compromising commercial needs; screen the parking from view and provide landscaping to further enhance the residential character and reduce the apparent extent of impervious surface and building area; and similar design techniques to enhance the living environment and inhibit the spread of the adverse and blighting effects of more intensive land uses into adjoining residential areas.
(12) Stairs shall be enclosed or architecturally integrated, as opposed to being suspended from the building wall or similarly openly visible.
(13) Commercial uses shall not have any windows or entrances located in walls less than 15 feet from any side lot line, except as required by the building or other codes for safe exit or similar purposes.
(F) Bulk requirements. The following minimum requirements shall be observed:
(1) Minimum lot area:
(a) Detached single-family: 8,500 square feet;
(b) Attached single-family: 4,000 square feet per dwelling unit;
(c) Multiple-family or mixed use: 10,000 square feet or 2,500 square feet per dwelling unit, whichever is greater; and
(d) Nonresidential use: 10,000 square feet.
(2) Minimum lot width:
(a) Detached single-family: 60 feet;
(b) Attached single-family: 30 feet per dwelling unit; and
(c) Multiple-family, commercial or mixed use: 90 feet.
(3) Minimum front yard: 30 feet;
(4) Minimum side yards:
(a) Adjacent to a street: 30 feet.
(b) Single-family attached or detached: six feet.
(c) Multiple-family, mixed use or commercial: ten feet, provided that the setback for walls containing windows for a dwelling unit shall be calculated according to the following formula:
Setback in feet = 10 + 2S + L/15
where S equals the number of stories; and
L equals the length in feet of said wall.
(5) Minimum rear yard: 30 feet;
(6) Maximum height: 30 feet, provided that no building for any use shall exceed a bulk plane having a 14-degree altitude calculated from a horizontal plane extending through a line located 18 feet above the average elevation of the north lot line, if an existing building with a passive solar design that includes thermal storage, or an existing solar photovoltaic array that is capable of producing a minimum of 3-kW DC in direct sun, lies to the north; said existing design or device shall be previously documented for this limitation to be applicable; and
(7) Maximum floor area ratio (F.A.R.) for commercial or mixed use: 0.30, provided that in a mixed use structure any area used for residential purposes shall not be counted in calculating the allowable floor area.