Chapter 18.185
X MIXED USE DISTRICTS

Sections:

18.185.010    Purpose and regulations.

18.185.020    Mixed use district classifications.

18.185.030    Applicability of mixed use districts.

18.185.040    Principal, special, and conditional use regulations for X-1 mixed use district.

18.185.050    Principal, special, and conditional use regulations for X-2 mixed use district.

18.185.060    Principal, special, and conditional use regulations for X-3 mixed use district.

18.185.070    Dimensional and performance standards.

18.185.080    Parking.

18.185.090    Additional requirements for mixed use district.

18.185.100    Legal nonconforming uses for the X mixed use districts.

18.185.010 Purpose and regulations.

(a) Purpose. The mixed use districts may be located in traditional neighborhood settings and, to a limited extent, in areas envisioned for mixed use development by the comprehensive plan, and are provided to encourage a compatible mixed use environment. The X mixed use districts serve to implement neighborhood land use plans and the comprehensive plan.

(b) Regulations. The regulations set forth in this chapter or set forth elsewhere in this division are the district regulations for the X mixed use districts. (Ord. 20062 § 22, 4-18-17.)

18.185.020 Mixed use district classifications.

There are three classifications of mixed use districts as follows:

(a) X-1 Mixed Use District. This district facilitates a compatible mixed use activity center within a traditional residential neighborhood and, to a limited extent, in areas envisioned for mixed use development by the comprehensive plan. The district includes a balance of compatible residential, office, civic, and neighborhood commercial retail/service uses of low to moderate intensity that complement and support dense neighborhood residential areas and pedestrian usage with quality urban design.

(b) X-2 Mixed Use District. This district facilitates a mixed use area that transitions from a higher intensity industrial use area to lower intensity neighborhood-scale residential areas and includes a balance of compatible residential, office, commercial service, and light industrial uses.

(c) X-3 Mixed Use District. This district facilitates a destination-oriented mixed use district in the area known as the North Crossings area of North Topeka that serves as the northern entertainment/cultural anchor of downtown. The objectives of the district include:

(1) Improving the area as a 24-hour destination for urban, cultural, entertainment, community, and residential experiences; and

(2) Retention and attraction of businesses, workplaces and residences through adaptive reuse and rehabilitation of existing buildings as a preference; and

(3) Redeveloping vacant and under-utilized properties through appropriately scaled in-fill development; and

(4) High quality development and urban design standards that maintain a sense of history, human scale, and pedestrian orientation. (Ord. 20062 § 23, 4-18-17.)

18.185.030 Applicability of mixed use districts.

(a) The X districts shall only be permitted on an area-wide basis as designated by a specific land use policy set forth in the comprehensive plan for that area. The X district shall be identified as an area that merits special design considerations, involving a variety of property owners and uses within a developed urban environment. The X district shall be sufficiently cohesive and substantial to achieve a common objective as identified in the comprehensive plan.

(b) The procedure for amending the district map to include X mixed use districts shall be in accordance with the procedures of TMC 18.245.020.

(c) Properties in the X districts may be allowed more than one principal structure per zoning lot and more than one use per building. (Ord. 20062 § 24, 4-18-17.)

18.185.040 Principal, special, and conditional use regulations for X-1 mixed use district.

(a) Principal uses identified in the use matrix table in TMC 18.60.010 shall be allowed.

(b) Special uses identified in the use matrix table in TMC 18.60.010 shall be allowed subject to the restrictions identified in Chapter 18.225 TMC.

(c) Conditional uses identified in the use matrix table in TMC 18.60.010 may be allowed in accordance with Chapter 18.215 TMC if approved by the governing body. (Ord. 19921 § 131, 9-23-14.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.185.050 Principal, special, and conditional use regulations for X-2 mixed use district.

(a) Principal uses identified in the use matrix table in TMC 18.60.010 shall be allowed.

(b) Special uses identified in the use matrix table in TMC 18.60.010 shall be allowed subject to the restrictions identified in Chapter 18.225 TMC.

(c) Conditional uses identified in the use matrix table in TMC 18.60.010 may be allowed in accordance with Chapter 18.215 TMC if approved by the governing body. (Ord. 19921 § 132, 9-23-14.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.185.060 Principal, special, and conditional use regulations for X-3 mixed use district.

(a) Principal uses identified in the use matrix table in TMC 18.60.010 shall be allowed.

(b) Special uses identified in the use matrix table in TMC 18.60.010 shall be allowed subject to the restrictions identified in Chapter 18.225 TMC.

(c) Conditional uses identified in the use matrix table in TMC 18.60.010 may be allowed in accordance with Chapter 18.215 TMC if approved by the governing body. (Ord. 19921 § 133, 9-23-14.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

18.185.070 Dimensional and performance standards.

(a) All development in the X districts shall comply with the density and dimensional standards in TMC 18.60.020.

(b) Within the North Crossings and traditional neighborhood areas as designated by the comprehensive metropolitan plan, all new development, including permitted commercial, office, institutional, multifamily residential, industrial uses, or combination thereof, or change of uses with exterior modifications shall be consistent with the following applicable design standards:

(1) Comprehensive Metropolitan Plan. Building design guidelines as adopted within the applicable neighborhood plan of the comprehensive metropolitan plan.

(2) Setbacks, Massing, and Form. Minimize building setbacks within traditional neighborhood or downtown district settings so as to reflect and align with existing setbacks of buildings on the block or facing block. Massing and form of building shall also be compatible with buildings on block, facing block, or neighborhood.

(3) Building Types. Permitted building types shall include a rear yard building that occupies the front of its lot at full width, a side yard building that occupies one side of the lot at full depth, or a courtyard building that occupies all or most of the edges of its lot while internally defining one or more private spaces.

(4) Parking Lots. Parking lots shall not dominate the frontage of pedestrian-oriented and image streets or conflict with pedestrian crossings. No parking space shall be closer to the primary frontage street than the building.

(5) Facades. Blank walls in excess of 50 feet shall be avoided. Buildings with multiple storefronts should be unified in character, compatible with any upper floors, and pedestrian-oriented.

(6) Outdoor Activity. Buildings should accommodate outdoor activity with balconies, arcades, terraces, decks and courtyards for patrons’, residents’, or workers’ interaction to the extent reasonably feasible.

(7) Outdoor Cafes. Restaurants should be encouraged to operate outdoor cafes on sidewalks, within buildings’ setbacks or courtyards; provided, that pedestrian circulation and access to store entrances is not impaired, the space is well-kept, and street furniture/coverings are compatible with architectural character of the building/block.

(8) Pedestrian Circulation. Adequate pedestrian circulation must be maintained at all times. Pedestrian linkages between parking lots, alleys, parks, and the street or building fronts shall be provided for within the public right-of-way or by dedicated easement.

(9) Access. Vehicular access shall be consistent with adopted traffic access management standards and use rear lot access where applicable.

(10) Transition Yards and Landscaping. Where a commercial or industrial lot abuts a residential use(s), a landscaped yard consisting of, but not limited to, trees, vegetation, wood fencing, landscaped earthen berm, or other plantings shall be provided for as a visual buffer that creates spatial separation and meets crime prevention through environmental design principles. Front yard setback areas shall be landscaped.

(11) Open Storage. Any open storage visible from the street, adjacent to residential uses or within image areas designated by the comprehensive metropolitan plan shall be screened to substantially reduce visual impact by fencing, landscaping, or other appropriate means.

(12) Fences. For all office and commercial uses within the X-1, X-2, and X-3 mixed use districts, no fence, hedge or freestanding wall greater than four feet in height may be constructed within a front yard setback beyond the front face of a structure on an adjoining lot. Where no structure exists on an adjoining lot, no fence, hedge or freestanding wall greater than four feet in height may be constructed within a front yard parallel to the front face of the principal structure or building. Decorative open fences, constructed of wrought or cast iron, wood, or masonry, or similar material, greater than four feet in height may be permitted by the planning director upon review of the site and fence plans. Fences, walls, or hedges may be erected up to a height of eight feet in any side or rear yard where not in conflict with these regulations. For a corner lot, the fence height shall not exceed four feet in height beyond the face of a principal structure on an adjoining lot. Fences in conjunction with all residential, institutional, and industrial uses shall be allowed consistent with TMC 18.210.040.

(c) Within the North Crossings and traditional neighborhood areas as designated by the comprehensive metropolitan plan, detached single-family, duplex, and triplex unit development shall be consistent with the residential design guidelines as adopted within the applicable neighborhood plan of the comprehensive metropolitan plan and M-1 two-family zoning district minimum yard requirements.

(d) The planning director may waive any of the above-listed design standards if he determines it to be unnecessary to the scope and nature of the proposed development.

(e) New development within nontraditional neighborhood areas shall be consistent with applicable site plan regulations of this division.

(f) Any property owner who is adversely impacted by a decision of the planning director regarding compliance or noncompliance with the dimensional and performance standards contained herein, may appeal the planning director’s decision to the Topeka planning commission. (Ord. 19921 § 134, 9-23-14.)

    Cross References: Planning department, TMC 2.25.090; planning commission, Chapter 2.135 TMC.

18.185.080 Parking.

(a) Off-street parking requirements for the X-2 mixed use district shall be consistent with Chapter 18.240 TMC.

(b) Minimum off-street parking requirements for the X-1 and X-3 mixed use districts shall be consistent with the following:

(1) Residential dwellings: one space per dwelling unit.

(2) Private clubs, drinking establishments, and restaurants with 50 percent of gross income in food sales: one space per four occupants permitted.

(3) Private clubs, drinking establishments, and restaurants with 50 percent of gross income in alcoholic or cereal malt beverage sales: one space per three occupants permitted.

(4) Retail and office uses: one space per 300 square feet of floor area.

(5) All other uses not specified shall be consistent with Chapter 18.240 TMC.

(c) Minimum off-street parking requirements for permitted uses within the X-1 and X-3 mixed use districts may be exempted by the planning director for any change of use or expansion of an existing building, provided adequate off-street or on-street parking can be demonstrated, it does not impose an unreasonable hardship on a residential neighborhood, and it is consistent with any adopted neighborhood or area plan.

(d) A maximum number of off-street parking spaces for a particular use may be imposed by the planning director to conserve open space, prevent unnecessary demolition of buildings and damage to the historic integrity of a district, or to remain consistent with adopted development performance standards. (Ord. 17502 § 8, 5-22-00. Code 1995 § 48-23a.07.)

    Cross References: Planning department, TMC 2.25.090.

18.185.090 Additional requirements for mixed use district.

(a) The planning director shall give written approval for conformity to the performance standards within the X districts prior to the issuance of a building permit pursuant to TMC 18.245.060.

(b) The planning director shall give written approval for conformity to the performance standards within the X districts prior to the issuance of a building permit pursuant to TMC 18.245.060 for any use allowed by conditional use permit.

(c) Not more than two of the following uses may be established, operated, or maintained within 1,000 feet of each other: billiard parlor, amusement center, or tattoo studio.

(d) Any permitted commercial or industrial use operating between 10:00 p.m. and 5:00 a.m. may require a conditional use permit.

(e) Any permitted uses with new buildings or additions to existing buildings greater than 30,000 square feet in floor area shall be subject to a conditional use permit.

(f) Within residentially classified blocks of the North Crossings as identified in the Historic North Topeka revitalization plan, establishment of a permitted commercial use within the X-3 district that is more than 50 feet from another legally permitted commercial use shall require a conditional use permit. (Ord. 17502 § 9, 5-22-00. Code 1995 § 48-23a.08.)

    Cross References: Planning department, TMC 2.25.090.

18.185.100 Legal nonconforming uses for the X mixed use districts.

(a) Any use which is not listed as a permitted use in the mixed use districts but which was permitted for a specific parcel of property pursuant to district regulations in effect for such parcel and which physically existed upon such parcel prior to the enactment of the mixed use districts shall be permitted as a legal nonconforming use.

(b) Legal nonconforming uses located within any of the X districts zoning classifications may expand up to 10 percent of the use intensity of the site. If the expansion of legal nonconforming use exceeds 10 percent, then the following standards must be met before the expansion can occur:

(1) The expansion will not result in a reduction of acceptable levels of off-street parking, lot coverage ratio and landscaping; and

(2) The expansion will not result in an increase of noise, odor, traffic, light or dust which is incompatible with the surrounding neighborhood or land uses; and

(3) The expansion is consistent with the applicable redevelopment plan, if any; and

(4) The expansion is consistent with the performance standards of the X districts. (Ord. 17502 § 10, 5-22-00. Code 1995 § 48-23a.09.)