Chapter 10.92 MIXED USE DEVELOPMENT ZONE (MXD)

Chapter 10.92
MIXED USE DEVELOPMENT ZONE (MXD) Amended Ord. 24-05

Sections:

10.92.010 Purpose.

10.92.020 Permitted uses.

10.92.030 Conditional uses.

10.92.040 Development standards. Amended Ord. 24-05

10.92.050 Development process.

10.92.060 Off-street parking and loading.

10.92.070 Signs.

10.92.010 Purpose.

To create a zone which will provide traditional neighborhoods where residents can work, play, shop, and live that are strategically designed to create a symbiotic relationship by allowing for a combination of commercial and residential uses. These neighborhoods are meant to boost the City’s daytime population, which is anticipated to support local businesses and increase sales tax revenue. This zone will be the most urban atmosphere within the City. Projects within the zone are anticipated to provide context-sensitive architecture, art, entertainment, convenience, alternate housing types, affordability, and active lifestyles through recreation amenities on site and improved sidewalk connections to destinations off site. Residential use may be applied to existing commercial areas, or commercial uses inserted into existing residential areas if the goal is to increase jobs and/or increase sales tax, and the development scale is compatible with its surroundings. [Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.020 Permitted uses.

The following uses, and no others, are permitted by right provided the parcel and/or building meet all other provisions of this title and any other applicable ordinances of Syracuse City:

(A) Restaurants;

(B) Professional office;

(D) Retail, no automotive maintenance, gas, or repair;

(E) Hotel;

(F) Hospital;

(G) Churches, synagogues, and temples;

(H) Dwellings, multifamily, up to 24 attached per building. More than 24 units may be permitted only if all of the following apply: the building is an “L” shape and the building is oriented on a corner facing a major street, and provides amenities in the apex of the two sides as described in SCC 10.92.040(E)(1) and (2), and no single building elevation is longer than permitted by SCC 10.92.040(G)(9), and the building shall not exceed a combined total of 34 units plus amenities;

(I) Dwellings, townhomes, up to six attached per building;

(J) Dwellings, single-family detached;

(K) Household pets;

(L) Public and quasi-public buildings;

(M) Club houses and recreational facilities;

(N) Public parks. [Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.030 Conditional uses.

The following, and no others, may be conditional uses permitted after application and approval as specified in SCC 10.20.080:

(A) Minor and major A home occupations (minor);

(B) Accessory dwellings (major, allowed with single-family detached units only);

(D) Accessory structures (minor). [Ord. 22-32 § 1 (Exh. A); Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.040 Development standards. Amended Ord. 24-05

All lots shall be developed and all structures and uses shall be placed on lots in accordance with the following standards:

(A) Minimum Lot Standards.

(1) Lot width: no minimum or maximum.

(2) Front yard setback: 20 feet minimum, 40 feet maximum. Measured from the back of right-of-way or private drive or centerline of shared courtyard to front building foundation.

(3) Side yard setbacks: as measured from foundation to adjacent property line; 10 feet minimum or as approved by Planning Commission. As measured between building foundations, 16 feet minimum.

(4) Rear yard setback: as measured from foundation to adjacent property line or between buildings, 20 feet.

(B) Location. Mixed use zoning shall only be allowed when the proposed project is located with access and frontage onto a state highway.

(C) Density. Unit densities and housing product types shall be distributed on site with extreme sensitivity to adjacent development type and density. Units per acre shall be tapered down when near property boundaries of single-family development. Density is form based, no minimum units per acre.

(D) Mixed Use Required.

(1) One hundred percent residential projects are prohibited.

(2) Apartment complex sales offices may not be the project’s sole commercial space.

(3) The development agreement shall require that the commercial component of the project cannot be omitted and shall run with the land.

(a) Occupancy of the last residential structure in the project shall not be granted until occupancy of 100 percent of the proposed commercial is completed.

(4) The developer may partner with owners of off-site commercial projects to develop the required commercial square feet of the proposed project. This may be accomplished by building new buildings on empty pad spaces, attracting tenants that sign long-term leases in empty building space, enhancing circulation with cross access agreements, or assisting in the enhancement of the partner site in other mutually beneficial ways. City Council, with recommendation from Planning Commission, must find a direct benefit between the proposed residential units and the commercial project to exercise this option. This option is available at the developer’s request with the consent, desire, and agreement to partner from the owners of the existing commercial project. The agreed-to enhancements to the partner site in this option must be completed before the first residential unit receives final occupancy. Details of the partnership obligations are to be included in the development agreement and shall be binding.

(a) The commercial component of the project may be split on and off site. The combined total commercial square footage provided shall be greater than or equal to the required square footage of commercial which is based upon the height of the proposed buildings. Distribution of on- and off-site commercial square footages shall be based on the assessment of unique site characteristics that lend themselves to commercial viability and by the following:

(i) Properties within the town center overlay zone may build on- and off-site commercial in any combination, but no more than 70 percent of the required commercial may be located off site. The partner site must be located next door, sharing a property line with the proposed mixed use project.

(ii) Properties outside the town center overlay may build on- and off-site commercial in any combination. The partner site must be within one-quarter mile of the proposed mixed use project.

(5) For a space to qualify as counting toward the required commercial square footage, it must not be accessory to the residential units, meaning to have separate utility connections, dedicated parking that is near the business entrance, a separate entrance, separate restroom, and appropriate fire separation between differing uses. Office, medical office, assisted living, retail space, or other uses deemed beneficial by City Council are to be considered commercial. Industrial uses like warehousing or storage units are not considered to be commercial uses. Also, parking areas, trash, outdoor dining, or other outdoor storage areas do not count towards the required commercial square footage.

(E) On-Site Amenities and Landscaping.

(1) Common Space Amenities. The project shall develop common space amenities proportionate to and in relation to the scale and resident demographics of the proposed project. Amenities shall be privately owned and managed by an HOA. Amenities must be chosen from the following list as required in the following table:

Number of Units	Amenities Required
0 – 20	1
20 – 40	2
40 – 60	3
60 – 80	4
80 – 100	5
100 +	6

(2) List of Amenity Examples. Select from list the number required from table above:

(a) Water amenities (for example: pools, hot tubs, steam room);

(b) Sport amenities (for example: tennis, pickleball, lighted basketball courts);

(d) Other amenities deemed appropriate by the Planning Commission.

(3) Open Space. A minimum of 20 percent of the project area shall be landscaped.

(a) Turfgrass is not to exceed 20 percent of the total landscaped area, outside of active recreation areas.

(b) No turfgrass in parkstrips.

(4) Street Trees. One street tree shall be planted at least every 30 feet along adjacent public street frontages in accordance with the street tree species guide in SCC 10.30.070.

(5) Buffering between land uses as required in SCC 10.30.080.

(6) In-Lieu Fee for Required Open Space or Amenity. An in-lieu fee may be accepted for the development of a nearby City park under the following conditions:

(a) The developer initiates a request to pay a fee in lieu of required common space by petitioning the City at the same time that the concept plan is under review.

(b) The proposed project shall be located within one-half mile (measured as a pedestrian would travel) of an existing or future Syracuse City park as identified in the adopted parks master plan. Measurement shall be made from the nearest property line of the park to the nearest property line of the development project.

(i) The in-lieu fee shall not be approved if any portion of the proposed development is further than one mile from the nearest receiving park property boundary.

(ii) The park property to receive the fee money shall be identified and approved in conjunction with the concept plan.

(c) Qualification of an off-site location to receive in-lieu-of-common-space fees shall be approved by City Council based upon the development needs and priorities stated in the adopted parks master plan, and such qualification shall be decided at the time that the Council reviews the concept plan.

(d) The spending of in-lieu fees shall be limited to the determined off-site receiving location and for no other civic or private use.

(e) If the City Council does not accept the request for in-lieu fees based off the qualifiers stated herein, the development shall build the on-site common space as required by the MXD zone.

(f) If a fee is accepted in lieu of common space, the project will nevertheless be required to build at a minimum: 15 percent landscaping of the total project land area. All on-site landscaping and common space amenities shall be maintained by an HOA.

(g) The fee money will be due to the City prior to recording of the final subdivision plat proportionate to each phase or prior to accepting a building permit, as applicable.

(h) Development may be allowed on the land that has been accounted for through the collection of in-lieu fees at a density not to exceed the maximum prescribed by the zone.

(i) In-lieu fees shall be calculated on an individual basis. In-lieu fee amount shall be roughly equivalent to the value of forgone on-site common space area(s) and improvements. Fees shall be determined using mutually accepted methods for cost estimating the dollar amount needed to build the equivalent park improvements and acquire the land needed for said park space. Credit for on-site common space developed beyond the minimum 15 percent identified in subsection (E)(6)(f) of this section, and actually built within the development, may be subtracted from the estimated fee due.

(j) The agreed-upon fee amount, percentage of provided on-site and off-site in-lieu fee, and park development cost per square foot shall be included in a development agreement.

(F) Site Design.

(1) Residential buildings shall be positioned on the site so that the front of the building faces the public road or private drive.

(a) Where front and rear frontage to two roads or driveways exists, the road or driveway with the largest width and traffic counts shall be the direction the front door faces.

(b) If frontage to the intersection of two roads or drive aisles exists, the building entrance(s) shall face toward the point of intersection of the two centerlines with a chamfered edge.

(c) Entryways shall not face toward the rear or side lot line of abutting property with single-family residential zoning or use.

(2) Terminating vistas shall be incorporated by centrally and prominently placing public art, landscaped monument signage, or building facades perpendicularly at the visual endpoint of streets and drive aisles.

(3) Garage doors shall not face public roads. Where double frontage exists, the garage door may face the lesser of the two roads or be side-facing.

(4) The development design shall include direct automobile access to a public roadway on a full-width publicly dedicated right-of-way or private drive meeting International Fire Code (IFC) standards.

(5) All building entrances shall be directly connected to the public sidewalk with pedestrian walkways. These walkways must use differing material when crossing driveways. Decorative landscaping shall be included for one and one-half feet on one or both sides of all private walkways leading to front doors and/or residential breezeways.

(6) Cross access for automobiles and pedestrians to and from abutting properties is required where possible.

(7) On-site and off-site pedestrian sidewalks and shortcuts are required to increase access to adjacent shopping, employment, parks, or other amenities.

(G) Architecture.

(1) Vertical mixed use motif architecture is required on all residential buildings within the mixed use zone.

(2) Vertical mixed use motif is defined as containing the following elements:

(a) Horizontal and/or vertical variation in wall or roof plane between each unit intended to give the appearance of multiple buildings built over a long period of time;

(b) Varying window size and height with each segment;

(d) Large first floor windows and/or storefronts covered by canopy or trellis;

(e) First floor storefronts with varying styles on each segment such as bay or recessed entries;

(f) Entrance door on chamfered angle when on corner.

(3) Building Height.

(a) Maximum allowed height is 40 feet. Height is measured from the highest part of the roof to the ground next to the foundation.

(i) Required Commercial Square Feet to Maximum Height Ratios.

A. One story/maximum 15 feet allowed if: 24 square feet commercial/1,000 square feet residential.

B. Two story/maximum 30 feet allowed if: 36 square feet commercial/1,000 square feet residential.

C. Three story/maximum 40 feet allowed if: 56 square feet commercial/1,000 square feet residential.

(b) Buildings located within 85 feet (measured from foundation to property line) to existing single-family detached homes, or one-story attached duplex, triplex, or fourplex, shall be a maximum of two stories and/or 30 feet, whichever is shorter.

(c) Nonhabitable towers, parapets, or other decorative architectural features, excluding roof structure, shall be allowed, but not to exceed 45 feet.

(4) If commercial spaces have residential above or below, they shall be designed to meet building and fire codes to support the commercial use.

(5) All commercial buildings and project site areas are required to meet the design standards found in Chapter 10.28 SCC.

(6) If a building is located on the corner of two roads, the building shall have a prominent tower or architectural feature of greater height than the rest of the building. The tower or feature shall be rotated so the center point of its outer wall faces the point of intersection of the two road centerlines.

(7) Buildings which are entirely residential without leasable commercial space mixed in the same building are only allowed if all the following apply:

(a) Are within 1,320 feet of existing retail or office building(s) measured in a straight line between the closest portion of each building; and

(b) Are connected and accessible to adjacent commercial or office building(s) with a paved ADA-compliant pedestrian walkway.

(8) On-site buildings which are entirely commercial are permitted only if all of the following apply:

(a) Are located with frontage on a street or corner, or part of a contiguous block of commercial buildings which do have frontage.

(9) Maximum building length is 200 feet on residential buildings.

(10) Horizontal rooflines on residential buildings shall vary at a minimum of every 30 feet. Variation can be accomplished by:

(a) Vertical offset in ridge line;

(b) Gables;

(d) Cornices;

(e) Dormers;

(f) Vegetated terraces;

(g) Trellises; or

(h) Other architectural features such as portals, balconies, or porches.

(11) Buildings designed with completely flat facades and monotone color schemes are not permitted.

(12) All buildings must have articulation of all facades.

(13) At least one significant horizontal facade variation in the wall plane is required at least every 60 feet on residential buildings.

(14) Duplicating building facades adjacent to each other on the same side of the street or in a repeating pattern shall not be allowed. This may be accomplished by varying the number of stories, roof type (including shed, gable, hip, Dutch, dormer roofs, etc.), or ridgeline directions to create variation. Color variation alone is not sufficient.

(15) Architectural variation between each building segment is required.

(16) Garages shall not be the major architectural feature of any building.

(17) All units abutting to a public roadway shall utilize rear or side facing garages.

(18) Entrances shall be pronounced with porticos, awnings, arches, columns, gables, porches, stoops or other three-dimensional architectural features.

(19) Front doors to ground level apartment units shall face the road or front of the building and not towards a shared hallway.

(20) The stairway leading to upper-level units shall be located on the front of the building with a prominent architectural storefront creating a welcoming and defined entrance lobby. Window or blade signage located on the storefront should clearly label the building number and project name.

(21) First floor apartment, townhome, and single-family unit entryways shall feature a covered front porch with enough space for two chairs and a walkway.

(22) A minimum of three colors and materials per exterior elevation is required.

(23) For residential buildings, exterior surface materials on every facade shall meet the requirements for front exterior walls found in SCC 10.30.020(B) with the exception that no vinyl siding shall be permitted on any side. For commercial buildings, the exterior surface material standards shall be built in accordance with the requirements in Chapter 10.28 SCC. [Ord. 22-12 § 1 (Exh. A); Ord. 22-08 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.050 Development process.

All projects within the mixed use zone shall enter into a development agreement with the City. The agreement must be approved by City Council concurrently with the rezone request. The agreement shall include the square footage of all proposed uses and the number of proposed residential units. Colored concept plans and exterior elevations shall be included as exhibits in the development agreement.

Upon application for the mixed use development zone, the developer shall provide colored architectural elevations and colored concept plans showing the architecture and design of the proposed development. Elevation drawings shall include building materials and a table showing the square footage of each material, building height, and the total square footage of each facade. The concept plan shall include the location of each proposed building labeled with use and square footage, parking areas and number of stalls, existing buildings, existing mature trees, proposed amenities, landscape areas, proposed trees, and shrubs. The plan shall also include a table of the total site acreage, total combined building square footage, square footage of each proposed building, square footage of each use in each building, number of residential units in each building, number of commercial and/or office spaces, number of parking spaces, and total square footage of landscape areas. Upon zoning approval, the development plans shall be a binding zoning document that runs with the land.

If zoning is granted, prior to construction all projects shall: submit a site plan application to be reviewed by the Architectural Review Committee and Planning Commission as detailed in SCC 10.20.090, submit a building permit application, and complete a pre-construction meeting with the Building Department. [Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.060 Off-street parking and loading.

No off-street parking stalls shall be allowed to be located between the front building facade and the public right-of-way or within any front yard. Enclosed garages are not required for residential units within the mixed use zone. Parking for residential units shall be provided at a minimum ratio of two and one-half stalls per unit – two stalls for the resident and a half stall for visitors. Resident parking shall be located no further than 300 feet from the building in which the unit resides, measured as a pedestrian could travel between the closest edge of the parking stall to the closest entrance of the building. Shared parking agreements with adjacent commercial uses for visitor parking are encouraged. Otherwise, off-street parking and loading shall be provided as specified in Chapter 10.40 SCC. [Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]

10.92.070 Signs.

The signs permitted in this zone shall be those allowed in residential or commercial zones as applicable, as specified in Chapter 10.45 SCC. Home occupation businesses shall be limited to first floor window or first floor blade signs not to exceed four square feet. Businesses located in buildings with residential units on upper floors shall not install signage higher than the first floor. [Ord. 22-12 § 1 (Exh. A); Ord. 20-31 § 1 (Exh. A); Ord. 20-11 § 1 (Exh. A); Ord. 19-17 § 1 (Exh. A).]