Chapter 9-29
NMU NEIGHBORHOOD MIXED USE DISTRICT
Sections:
9-29.040 Development standards.
9-29.050 Precise plan required.
9-29.060 Precise plan binding.
9-29.080 Compatibility standards.
9-29.010 Purpose and intent.
The purpose and intent of the neighborhood mixed use district is to create attractive neighborhood-level centers that promote a more active, vibrant street life; increase pedestrian activity and reduce vehicular traffic; provide storefront style shopping streets; provide a variety of compact, multi-family housing types close to jobs and services; and/or encourage walking and social interaction. The neighborhood mixed use district provides areas for a variety of different, compatible land uses to exist in proximity. (Ord. 2009-3 § 1 (Exh. A (part)))
9-29.020 Permitted uses.
Table 9-29.020 identifies the permitted uses and accessory uses within the district. Uses in the table are permitted subject to the permit criteria referenced. Any use not included shall be considered prohibited.
|
Uses |
Permitted |
Accessory |
Reference |
|---|---|---|---|
|
Administrative office |
P |
|
|
|
Animals/pets |
♦ |
|
See Chapter 9-56 |
|
Arcade, game |
C |
|
|
|
Athletic field |
S |
|
|
|
Bar, tavern, cocktail lounge |
C |
|
|
|
Caretaker’s quarters |
|
P |
|
|
Carnival/fair/circus |
T |
|
|
|
Car wash |
C |
|
|
|
Church/temple |
C |
|
|
|
College |
C |
|
|
|
Commercial recreation |
C |
|
|
|
Communication facility |
♦ |
|
See Chapter 9-58 |
|
Community care facility |
♦ |
|
See Chapter 9-64 |
|
Community center |
C |
|
|
|
Conference/convention facility |
C |
|
|
|
Construction office |
T |
|
|
|
Convenience store |
S |
|
|
|
Day care center |
♦ |
|
See Chapter 9-64 |
|
Department store |
S |
|
|
|
Drainage facility |
|
P |
|
|
Drive-thru |
C |
|
|
|
Dwelling, duplex |
P |
|
Allowed only in conjunction with a mixed use project |
|
Dwelling, multiple-family |
P |
|
Allowed only in conjunction with a mixed use project |
|
Dwelling, single-family attached |
P |
|
Allowed only in conjunction with a mixed use project |
|
Finance institution |
P |
|
|
|
Fire/police station |
C |
|
|
|
Game court |
|
♦ |
See Chapter 9-70 |
|
Gas station |
C |
|
|
|
Golf course/driving range |
C |
|
|
|
Government facility |
S |
|
|
|
Green house |
|
P |
|
|
Health club |
S |
|
|
|
Home occupation |
♦ |
|
See Chapter 9-60 |
|
Hospital |
C |
|
|
|
Hotel/motel |
C |
|
|
|
Industry, service |
S |
|
|
|
Library, private or public |
S |
|
|
|
Liquor store |
S |
|
|
|
Motion picture theater |
C |
|
|
|
Nightclub |
C |
|
|
|
Office/business/medical/headquarters/ professional |
S |
|
|
|
Outdoor event |
T |
|
|
|
Outdoor sale |
T |
|
See Chapter 9-62 |
|
Park, public/private |
S |
|
|
|
Performing arts center |
C |
|
|
|
Public transportation uses |
S |
|
|
|
Recreation facility, private |
C |
|
|
|
Recycling event/facility |
♦ |
|
See Chapter 9-82 |
|
Restaurant |
S |
|
|
|
Restaurant, fast food/drive-thru |
C |
|
|
|
Restaurant, fast food/no drive-thru |
S |
|
|
|
Retail/service business |
P |
|
|
|
School, commercial |
C |
|
|
|
School, private |
C |
|
|
|
School, public |
C |
|
|
|
Senior center |
C |
|
|
|
Supportive housing |
♦ |
|
See Chapter 9-64 |
|
Swim club |
C |
|
|
|
Tennis club |
C |
|
|
|
Transitional housing |
♦ |
|
See Chapter 9-64 |
|
Vehicle leasing/rental |
S |
|
|
|
Vehicle sales |
S |
|
|
|
Veterinary clinic |
C |
|
|
Note: Use is permitted subject to issuance of:
C = Conditional use permit (CUP)
S = Site development permit (SDP)
T = Temporary use permit (TUP)
P = Permitted
♦ = Special requirements
(Ord. 2012-5 § 12; Ord. 2011-4 § 1 (Exh. A (part)); Ord. 2009-3 § 1 (Exh. A (part)))
9-29.030 Applicable areas.
The regulations and standards contained in this section shall apply to all properties designated as neighborhood mixed use on the city zoning map. (Ord. 2009-3 § 1 (Exh. A (part)))
9-29.040 Development standards.
Table 9-29.040 provides standards that apply to developments within the neighborhood mixed use district regardless of the specific use.
|
Item |
Standard |
|---|---|
|
Minimum lot size |
10,000 sq. ft. |
|
Minimum lot width |
50 ft. |
|
Minimum lot depth |
100 ft. |
|
Maximum lot coverage |
50% (70% with parking structure) |
|
Maximum density |
0.38 FAR (including a maximum of 0.08 residential FAR for projects including residential uses) |
|
Maximum building height |
40 ft. |
|
Minimum setback—front: Parking lot Parking structure Building |
10 ft.* 20 ft.* 10 ft.* |
|
Minimum setback—side (interior) |
10 ft. abutting residential* 10 ft. abutting nonresidential* |
|
Minimum setback—street side |
10 ft.* |
|
Minimum setback—rear |
20 ft. abutting residential* 10 ft. abutting nonresidential* |
|
Minimum open space: Public Private |
N/A N/A |
|
Minimum landscape coverage |
15% |
|
Minimum building separation: Main→Main Main→Accessory Accessory→Accessory |
10 ft. 2.5 ft. 2.5 ft. |
|
Parking |
See Chapter 9-44 |
|
Signage |
See Chapter 9-42 |
* Modifications. The setbacks may be modified in connection with a precise plan of development as set forth in Section 9-29.050 in order to promote increased pedestrian activity, provide for unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development.
(Ord. 2009-3 § 1 (Exh. A (part)))
9-29.050 Precise plan required.
Developments which seek to incorporate a mix of uses shall be approved through a precise plan of development. A precise plan, unlike a specific plan, is limited to a single property or limited group of contiguous properties rather than a geographic area, and incorporates the standards for design and zoning within the adopted development code rather than creating specific standards. It is more precise than a site plan in that it regulates the exact mix of uses within the project. Such a process assists the community to assess potential impacts from the project and to provide a balance of uses and purposes that promote community image, reduce undesirable environmental consequences and improve the fiscal abilities of the city to meet locally expressed needs. Requirements for precise plans are contained in Chapter 9-92. (Ord. 2009-3 § 1 (Exh. A (part)))
9-29.060 Precise plan binding.
A precise plan, upon approval, shall be binding upon all owners and tenants for which the plan is developed and shall be binding upon all heirs, successors, and assignees. An agreement shall be required and recorded to evidence the precise plan. (Ord. 2009-3 § 1 (Exh. A (part)))
9-29.070 Special standards.
Design of mixed use projects shall require that each project consider and incorporate as the city deems appropriate the following special considerations. Specifications and standards adopted by the city for these items shall be considered in the design and development of the mixed use area:
A. Transit support facilities;
B. Transportation demand control measures;
C. Public plazas, landscape areas, water features;
D. Pedestrian facilities.
(Ord. 2009-3 § 1 (Exh. A (part)))
9-29.080 Compatibility standards.
The following standards are intended to ensure the compatibility of uses in a mixed use project as addressed through a precise plan:
A. Security. The residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan and the separations shall be permanently maintained.
B. Restriction on Activities. Nonresidential uses shall be designed and operated, and hours of operation limited, where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use that is immediately adjacent to a residential use shall produce loading or unloading of materials, products, and/or supplies at the site between the hours of eight p.m. and seven a.m.
C. Noise Standards. Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking portions of the project to a maximum of forty-five (45) db CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling to provide a habitable environment.
D. Vibrations and Odors. No use, activity or process shall produce vibrations or noxious odors that are perceptible without instruments at the property lines of the site or within the interior of residential units on the site, consistent with Section 9-74.050K.
E. Lighting. Outdoor lighting associated with commercial uses shall not adversely impact residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high intensity or brightness, consistent with Sections 9-40.170 and 9-44.060I.
(Ord. 2009-3 § 1 (Exh. A (part)))
9-29.090 Design principles.
The following design principles are to be used as a guide for mixed use development or for new or renovated shopping centers and shall be used as criteria for project approvals.
A. Facades. Street wall facades should be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and color.
B. Public Amenities. Street wall facades may be divided by public plazas, urban pocket parks, outdoor dining, and other pedestrian-oriented amenities. The use of public art is encouraged.
C. Design Features. Projecting features such as balconies, porches, bays, and dormer windows are encouraged to create visual interest and distinction between units. Trim detail on rooflines, porches, windows and doors on street-facing elevations is encouraged.
D. Architectural Theme. Building design should incorporate an architectural theme that is compatible with nearby uses, provided such uses are similar to uses permitted by this chapter. Architectural details may draw upon other nearby features that contribute to the aesthetic ambiance of the immediate area.
E. Siding Materials. Plain concrete block, plain concrete, plywood, sheet pressboard, vinyl, and similar materials are strongly discouraged.
F. Corner Buildings. Buildings at corners of intersections should receive special treatment to enhance the pedestrian experience, such as building cut-offs and corner entrances with additional architectural detail.
G. Entrances. All primary ground-floor common entries or individual dwelling unit entries fronting on streets should be oriented to the street, not to the interior or to a parking lot.
H. Pedestrian Circulation. On-site pedestrian circulation should be continuous and connect various uses on site, as well as connect to off-site transit stops and parking.
I. Windows in Residential Units. Residential windows should face away from loading areas, docks and trash storage areas. To the extent windows of residential units face each other, the windows should be offset to maximize privacy.
(Ord. 2009-3 § 1 (Exh. A (part)))