A. Allowed Use. Residential units converted within or expanded onto existing buildings that contain an allowed non-residential use are permitted by right for properties in the D-MU zone, for properties in the C-MU zone within the Micro-brewery/Micro-winery Overlay District only (i.e., area north of Mineral King Avenue, east of Tipton Street, south of Murray/Goshen Avenues, and west of Ben Maddox Way), and in the O-C zone. Uses permitted by right are subject to the development standards in subsection (C) of this Section.
B. Site Plan Review. All new or expansion of residential units are required to obtain a site plan review permit in accordance with Chapter 17.28.
C. Development Standards for Residential Uses Locating in an Existing Building as a Use Permitted by Right. These standards may be used as guidelines for uses that are conditionally allowed in other zones.
1. Mixed Use Requirement. A residential use may be allowed as a use permitted by right inside a building with a commercial and/or office use so long as the building contains a separate space dedicated for a commercial and/or office land use.
2. Orientation. No residential use shall be both located at ground floor area and facing toward a public street. A residential use may be oriented toward an alley or non-street frontage.
3. Access. A residential use shall include at least one (1) building access that is located to the side or rear of the building. A door and passageway leading to residential uses, containing no living space, may also be located on the ground floor facing toward a public street.
4. Parking. Residential units are required to provide 1.5 off-street parking spaces per dwelling unit. Residential units that are restricted for senior citizens are required to provide one (1) off-street parking space per dwelling unit. If the subject site contains on-site parking, a minimum of one (1) on-site parking space per unit shall be designated and signed within the on-site parking field for residential occupants only. Notwithstanding any available on-site parking spaces, the minimum off-street parking standards may be satisfied by paying an in-lieu fee as specified in Chapter 17.30, Article 2.
5. Maximum Floor Area Ratio. The maximum floor area ratio (referring to non-residential and residential floor area combined) shall not exceed 5.0 for properties in the Downtown Mixed Use zone district and 2.0 for properties in the Commercial Mixed Use zone district.
6. Maximum Number of Dwelling Units. The maximum number of dwelling units permitted by right in a building shall not exceed one unit per 600 square feet of site area, and in no case shall exceed 12 units.
7. Minimum Floor Area. The floor area of an individual dwelling unit shall be no less than 400 square feet.
8. Noise. Spaces intended for residential use shall be improved to meet a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Sound Transmission Class (OITC) rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30.
9. Limitations on Use. The following uses and activities shall not be operating in the same building at the time that a building permit is issued to establish residential units as part of a mixed use. Such uses however may later be established within the same building after residential units are established in the building.
a. Major vehicle/equipment repair (e.g., body or mechanical work, complete overhaul or substantial replacement of parts, vehicle detailing and painting, upholstery, or any similar use, not involving routine maintenance);
b. Night clubs or any other use that includes live entertainment;
c. Any other activity or use, as determined by the review authority, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of mixed-use development residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.
10. Residential Noise Notice. Residents of new mixed-use projects, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area.
11. Facilities. Each dwelling unit shall include a kitchen with cooking facilities and spaces for bathroom and sleeping incorporated within the dwelling unit.
(Ord. 2021-09, 2021)