§ 27-15.4. Mixed-Use Planned Development Overlay District.
(a)
Purpose of district. The Mixed-Use Overlay District (referred to as MU District, the Overlay, or MU-PD) is meant to encourage higher density mixed-use development with an above-grade residential or office component for new projects, pedestrian-friendly site design, and an urban main street character, in order to increase pedestrian traffic, reduce vehicular traffic, promote innovative use of space, promote energy efficient design, conserve land, and accommodate a range of compatible land uses through appropriate site design. Mixed-Use Overlay Districts are intended to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses and employment opportunities. The Mixed-Use Overlay District encourages the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers. It is intended to help advance revitalization initiatives along commercial corridors and recognizes the market demand for new residential and commercial development within compact, pedestrian friendly districts. Mixed-use zoning is intended to work in conjunction with the proactive development of pocket parks and plazas, open spaces, and the creation of public spaces within the districts. Mixed-use zoning can support commercial corridor redevelopment plans and urban design guidelines or standards that require high quality development that is consistent with the character of the district. It specifically discourages those uses that promote a strip center development pattern, promote idle land and too much parking, and detract from the image enhancement intentions of this district. These purposes constitute the spirit and intent of the mixed use overlay district.
(b)
Site plan required. All properties identified as being part of the overlay district (in Exhibit 1 to Ordinance No. 1932) shall be designated Mixed-Use Planned Development Overlay District (MU-PD) or Mixed-Use Special Planned Use District (MU-SPUD) depending on size. A site plan is required for all PD or SPUD properties. Grouping of uses permitted in other districts to create developments of compatible and mutually supportive activities is encouraged. mixed-use projects shall be treated as a zoning district change and shall be processed in accordance with the same review, public hearing, and notification procedures as are required for a proposal for a zoning district change.
(c)
Permitted uses. Uses permitted in the Mixed-Use Overlay District include all the permitted uses of the following districts as listed in this chapter with exceptions as noted: GB (General Business), R-3 (Residential Apartment) districts including townhouses, condominiums, and loft style apartments; RH (Retirement Housing) use (1)c. multifamily retirement apartments, AL (Assisted Living District), O-1 and O-2 (Office), NB (Neighborhood Business), and LB (Limited Business). The general conditions of the MU District shall override the general conditions enumerated in this chapter for each of the defined districts and any of the special development controls of this chapter when in conflict with the MU District regulations. Additional permitted uses include bed and breakfast lodging, art gallery, museum, recreation centers (whether indoor or outdoor, public or private), pedestrian sky bridges, and bus transit stops. However, GB uses (2) auto maintenance and minor repair, (14) drive through restaurants and financial institutions, and (25) coin-operated amusement machine arcades are not permitted except as considered for conditional use permits incorporated into larger projects.
A mixed-use project as defined herein is permitted by right if all general conditions are met on an approved site plan. Non-mixed-use proposals with permitted uses or single-use buildings, requesting to use more traditional development standards for parking, setbacks, single uses, and other issues shall be submitted for conditional use permits as defined in subsection 27-15.4(d) and with requests for modifications to the mixed-use general conditions as defined in subsection 27-15.4(g).
(d)
Conditional uses. Some types of uses, due to their unique nature, are subject to additional controls. Certain uses may not be specifically listed in existing zoning districts but may be considered for conditional use permits if they meet the general purposes of the Mixed-Use Overlay District. Such uses must be shown by site plan and adherence to design standards to be compatible with the surroundings. Such uses may include, but are not limited to single-family detached housing, auto maintenance and minor repair, gasoline sales as an accessory use, drive through uses (restaurants, financial institutions, pharmacies, dry cleaners), multi-family housing density over eighteen (18) units per acre, single use retail or office buildings, bowling alleys, skating rinks, hotels, inns, laundries, washaterias, and employment uses such as contractor services (e.g. plumbing, electrical, mechanical), technology services, telecommunications services, assembly of products from components delivered to the site from off site (but not manufacturing), and indoor/overnight kennels within a veterinary clinic with noise suppression walls. No outside storage of supplies or products is allowed for conditional uses.
(e)
Uses not permitted. The following uses are specifically not permitted:
(1)
Outdoor Commercial (OC) District uses unless listed in subsection (d) conditional uses.
(2)
Strip retail centers with front yard parking fields.
(3)
Bars.
(4)
Medical, infectious, pathological, or general waste incinerator.
(5)
Outside storage.
(6)
Inside commercial storage facilities.
(7)
Amateur communication tower.
(8)
Outside gas service stations.
(9)
Massage parlors, tattoo parlors, gambling or gaming outlets.
(10)
Car washes.
(11)
Motels.
(12)
Kennels-outdoor.
(13)
Pawnshops.
(14)
Sexually oriented businesses.
(15)
Outside car sales.
(16)
One-story duplexes, triplexes, quadplexes.
(17)
Suburban style, garden apartment complexes.
(f)
Existing nonconforming uses, buildings, structures, and lots. A use, building, structure, or lot that was legally constructed and/or platted, or a land use that was lawfully operating, prior to the effective date of this section was applied to specific areas as shown on Exhibit 1 to Ordinance No. 1932 shall be deemed to be nonconforming to applicable portions of the Mixed-Use Zoning District regulations, and shall be allowed to continue provided that it is not expanded, enlarged, razed and/or reconstructed, moved, or otherwise modified from its original footprint. Lease spaces within an existing nonconforming building or use may be reoccupied so long as the building is not modified from its original footprint. If the use of the entire building, structure, lot or land use is discontinued or abandoned for six (6) months or longer, any future use or redevelopment of said premises shall be in conformity with the provisions of this section. A vacancy does not constitute a discontinuance or abandonment of the nonconforming use, building, structure or lot (the use) provided the owner expresses its intent to continue the use by seeking tenants and taking any other steps that reflect an intent to continue the use. No nonconforming use or structure may be expanded or reoccupied with another nonconforming use following the effective date of this section.
(g)
General conditions and design guidelines.
(1)
Area requirements:
a.
Minimum lot size. Lots within this zoning district should be at least forty three thousand five hundred sixty (43,560) square feet in area.
b.
Minimum lot width. Lots within this zoning district should be at least one hundred thirty (130) feet in width, measured at the front building line.
c.
Maximum coverage. No maximum coverage is specified. A denser, more urban style of development is expected. The developer must justify the lot coverage requested in the PD site plan and insure that the relationship of building to lot is reasonable and in keeping with the stated purposes and spirit of the mixed-use district, including but not limited to appropriate set backs, open space, buffers, yards, circulation, fire protection, and parking needs.
(2)
Multifamily standards. These standards shall apply whether the housing units are apartments, townhouses or, condominiums, and whether for sale or rent.
a.
The design of multifamily developments shall contribute to the urban character and architectural diversity of the mixed-use district. The same exterior design shall not be used for greater than twelve (12) units and/or more than two (2) buildings. Architects shall utilize a variety of compatible exterior materials, building styles, massing, composition, and/or prominent architectural features.
b.
Minimum dwelling unit size. Every dwelling unit hereafter erected, constructed, reconstructed or altered in this district shall have a floor area exclusive of breezeways, basements, open and screened porches, corridors, parking area, garages and accessory buildings of not less than the following:
1.
Efficiency as defined in this section - five hundred (500) square feet. (No more than thirty-five (35) percent of the total apartments shall be efficiencies);
2.
One (1) bedroom - seven hundred (700) square feet; (No more than forty (40) percent of the total apartments shall be one-bedroom except that one-bedroom units may increase by the number of units efficiencies are decreased);
3.
Two (2) bedroom - Nine hundred (900) square feet;
4.
Three (3) bedroom - One thousand (1,000) square feet;
5.
Loft style - One thousand one hundred (1,100) square feet.
c.
Special regulations for townhouses, and condominiums as defined in this section:
1.
Each dwelling unit shall be on a platted lot. Condominium units may be sold and owned individually within the same building or project.
2.
Minimum floor area per dwelling unit: 850 square feet exclusive of garage if provided.
3.
Minimum widths of lot: 25 feet.
4.
Minimum depth of lot: 90 feet.
5.
Public open space or plazas not required if individual, back yards or gardens are provided.
6.
Each dwelling unit shall have an enclosed garage with a minimum of two (2) parking spaces, except that second and third floor units can be assigned carports or uncovered, outdoor parking.
7.
Rear entry garages are preferred. Swing or side entry garages may be considered if rear garages can be shown to be incompatible with a project's layout and design. The elimination of the garage space by enclosing it with a wall shall be prohibited.
(3)
Yard requirements:
a.
Front yard. There is no minimum front yard or setback. The maximum front yard is the smallest possible distance that meets the requirements for buffer zone and pedestrian zone in the curb-to-building area, except for any area in the front yard that meets the qualifications for a pedestrian plaza as approved by site plan, and also accounts for needed parking in accord with subsection 27-15.4(g)(6)d. Part of the front yard may be used for a pedestrian plaza. A plaza may have a maximum depth of fifty (50) feet (measured perpendicular from the frontage to the opposite side of the plaza) and a maximum length (measured along the side of the plaza parallel to the frontage) of twenty (20) percent of the length of the building along the frontage.
b.
Sidewalks. Sidewalks or other approved pedestrian designs are required along all yards facing public streets, except that this pedestrian path may be incorporated into plazas.
c.
Side yard. No side yard is required on a side of the lot that is contiguous to a lot zoned GB, LB, O1, O2, OC, TX10, or MU; however, if a side yard is provided, it must be at least five (5) feet wide.
d.
The minimum side yard is ten (10) feet on any side of a lot where that side of the lot abuts a public street (unless parkway and sidewalk are provided from street right-of-way to building line), or the new or existing abutting building has facing windows.
e.
Rear yard. Every building within this district shall have a minimum rear yard setback of twenty-five (25) feet from contiguous property line or the actual setback in existence at the time of approval of this chapter, whichever is less. Approved fire lanes may be located in this space.
f.
If the proposed building height exceeds one (1) story or twenty (20) feet, every such building within this district built on property contiguous to residential zoned property shall have a sufficient rear or side setback combined with architectural and landscape features to buffer the residential use. Forty-five-degree height planes (as shown in Figure 1 to Ordinance 1932) shall be followed as part of the buffering between two-plus story buildings and contiguous single-family uses. A second story is not permitted at the twenty-five-foot rear yard setback line adjacent to single-family uses. Rear-facing walls of residential units should use skylights and opaque windows for light and avoid rear-facing windows as much as possible. Efforts should be made to orient rear walls and roof top terraces to protect the privacy of contiguous single-family uses.
g.
No outside storage shall be allowed within twenty-five (25) feet of the common property line of single-family zoned property, unless fully screened with masonry and facing away from the single-family property.
(4)
Height:
a.
New buildings shall be no less than two (2) stories. Rooftop terraces do not constitute an additional story. Adaptive reuse projects should attempt to convert existing buildings to two (2) stories where compliance with subsection (3)e. and subsection (3)f. is possible. Three-story buildings are encouraged if fronting on major commercial corridors and the forty-five-degree height plane can be met.
b.
Contiguous to single-family uses, after compliance with subsection (3)e. and subsection (3)f., height should be limited to thirty-five (35) feet, or two (2) stories, whichever is less, for single-use buildings; or forty-five (45) feet or three (3) stories, whichever is less, for mixed-use buildings.
c.
In addition, a transitional height plane of forty-five (45) degrees shall apply to portions of a building above forty-five (45) feet or three (3) stories, whichever is less. Any portion of a building above forty-five (45) feet or three (3) stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above forty-five (45) feet or three (3) stories must be set back an additional foot for each additional foot in height. This standard is illustrated in Figure 1. These supplemental building setback and transitional height plane requirements shall not apply to buildings contiguous to one- or two-family districts that serve as public open space, such as parks and drainage ways.
Figure 1. Additional Setback and Transitional Height Plane
Figure 1 Additional Setback and Transitional Height Plane
d.
Maximum heights: No building in this district shall exceed forty (45) feet in height or three (3) stories, whichever is less, except sixty-five (65) feet or five (5) stories, whichever is less, may be approved if all of three (3) conditions are met as follows: (i) The site is deemed to be conducive to additional height without negatively impacting contiguous properties, for example, contiguous properties are higher or lower in elevation than the proposed building site or sufficiently set back or located across a street or of a compatible use; (ii) Residential uses constitute twenty (20) percent or more of a building's gross floor area; and (iii) office, eating and entertainment, and/or retail sales and service uses constitute ten (10) percent or more of the building's gross floor area, or all of the ground floor space fronting the building's primary public street to a depth appropriate for the use.
e.
Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate, but the slab shall not be artificially set higher than nearby properties.
(5)
Orientation and building access: Entrances - Principal buildings within mixed-use districts shall be oriented toward public streets or easements in order to create a pedestrian-oriented environment. A principal building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a side parking lot. Secondary entrances from side parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. However, the street-facing portion of an interior oriented building cannot be built as a monolithic wall facing the street. Architects shall utilize a variety of compatible exterior materials, building styles, massing, composition, articulations, and/or prominent architectural features to break up such street facing walls similar to the design standards in subsection (9).
(6)
Screening:
a.
As part of any Mixed-Use District project, existing wooden fences on the mixed-use site between commercial and residential properties must be replaced with approved walls, fences, or vegetative screening as described herein if the existing fence is ten (10) or more years old or in a state of disrepair as determined by the administrative official. Disrepair is defined as faded, cracked, peeling, missing planks, broken planks, rotten, or mounted on wooden poles. If less than ten (10) years old or in reasonably good repair, the owner must replace the existing wall/fence with an approved screening device within five (5) years of approval of the MUZ project.
b.
Screening fence and wall requirements. Pedestrian access from contiguous residential and commercial streets is encouraged. MU-PD applicants shall document an attempt to involve nearby residents in project development and offer outreach meetings with contiguous residential owners and tenants. City staff shall assist in this process. The applicant must strike a balance between the need for residents' security and the type of interaction with its settings that mixed-use development promotes. Rather than front facing perimeter walls, applicants should place needed security walls/fences between buildings with security gates at breezeway entrances, for example. Walls or fences should not extend beyond building fronts. Where used, especially for rear yard screening, fences and walls shall be erected to a height of not less than six (6) feet in height nor greater than eight (8) feet in height unless otherwise provided. If used, screening fences or walls shall be permanently and adequately maintained by the owner of the property on which the fence is required to be erected. Only the following types of walls or fences shall qualify as a screening fence or wall required by this zoning district:
1.
Masonry wall or fence. Masonry fences or walls shall be constructed with the same quality of decorative finish on both sides and of any of the following materials: Native stone, brick, and pre-stressed concrete panels with decorative finish or decorative concrete masonry units. Common smooth-face masonry units are prohibited.
2.
Ribbed metal panel fence. Suitably finished to blend with the primary structure and supported by a structurally sound metal frame.
3.
Wrought iron or combinations of wrought iron, masonry, and/or landscaping.
4.
Decorative vinyl. Suitably finished to blend with the primary structure and supported by a structurally sound frame acceptable to the administrative official.
5.
Vegetative screening. Using approved plants and fence materials, vegetative screens may be proposed.
c.
Screening of roof-mounted equipment. All roof-mounted equipment, which rises above the roofline of any building or structure, shall be screened from view of any public street or contiguous residential area with a building material consistent and compatible with the building.
(7)
Exterior wall surfaces: All buildings shall have exterior walls of not less than seventy-five (75) percent masonry surface on all levels. Only the following materials shall be considered as meeting the masonry requirements of this zoning district: Natural stone, brick, pre-stressed concrete panels, stucco above four feet, and/or concrete masonry units of the following types: Split-face, fluted, castle rock, shadow rock, scored and/or glazed. Common smooth-faced masonry units are specifically prohibited unless used in combination with other types of concrete masonry units, must not exceed twenty (20) percent of the area covered by concrete masonry units, and cannot be used on walls facing any public street. Where a retail use occupies the first floor, at least seventy (70) percent of the first floor exterior wall facing a thoroughfare, street, boulevard or parking plaza shall be transparent glazing. Glass is to be clear or tinted, not reflective.
(8)
Parking, loading, and access: The general requirements of section 27-20 apply for parking and loading, but Table 20-3 is superceded by specific requirements in this section. Otherwise, Table 20-3 applies.
a.
Shared access/cross access shall be provided unless the terrain makes it virtually impossible. Within existing and planned retail centers and contiguous properties, provision to preserve future shared access is required if not provided immediately. Easements and dedications are required to provide and preserve shared access. For shared access that is to be preserved, the developer shall escrow with the city the amount of money estimated to be needed to construct the developer's portion of the shared access. If shared access has been provided or preserved by a contiguous property, subsequent projects on the property that does not have shared access must connect with the shared access that was provided or preserved.
b.
All streets except major arterials can be used for parallel parking if space and traffic patterns permit. On-street parking shall be provided on every street where feasible, including side streets, and it shall be counted as part of the site's required parking.
c.
No more than one (1) row of surface parking for commercial uses shall be placed between the building facade and the street curb. The largest percentage possible of surface parking spaces for commercial buildings should be located behind or along side the building.
d.
Multiple fronted lots: Surface parking on corner lots or other lots with frontage on two (2) or more public streets shall comply with the above placement requirement on at least one (1) street frontage.
e.
If surface parking is located contiguous to the building, the parking should be screened by a decorative fence, wall or hedge in order to continue the build-to line of the contiguous building facades.
f.
Parking lots serving businesses contiguous to each other should be connected. Parking lots serving neighborhood retail centers should be no larger than twenty-five (25) spaces. Lots larger than twenty-five (25) spaces should be segregated into multiple, interconnected and landscaped lots.
g.
If contiguous uses complement one another in terms of the days and time of most concentrated uses, the MU-PD site plan may count shared parking towards off-street parking requirements if written evidence of acceptance of same by contiguous property owners is presented. Staff may require a parking study to document needed parking. Required parking shall be determined based on parking demand for the peak parking period, as determined by a parking analysis study approved by the development manager, if requested by same.
h.
Off-street parking spaces for the applicable use class shall meet the following minimum number of spaces per square foot of floor space:
1.
Retail: One (1) space per two hundred fifty (250) square feet.
2.
Office, business, professional: One (1) space per three hundred (300) square feet.
3.
Cafe, restaurant, cafeteria, all other eating and/or drinking establishments: One (1) space per one hundred seventy-five (175) square feet.
4.
Mixed-Use: Number of spaces resulting from application of ratios for all respective uses in the development, after accounting for shared parking potential.
i.
Structured parking facilities shall be designed so that the only openings at the street level are those to accommodate vehicle entry/exit and pedestrian access. The remainder of street-level frontage shall be designed for retail, commercial, office, or civic uses other than parking. Garages fronting streets should be avoided.
j.
Facilities to lock bicycles shall be provided for each building with commercial and office uses greater than five thousand (5,000) square feet.
k.
Paid parking: Parking is generally expected to be free. If parking spaces are provided for a fee on any property within a MU-PD district, the owner or lessee of such property shall remit to the city a franchise fee of fifteen (15) percent of the gross receipts from parking space rentals/sales.
l.
Parking for housing:
1.
One (1) bedroom or efficiency: One (1) parking space per unit.
2.
Two (2) bedrooms: One and one-half parking spaces per unit, except two (2) parking spaces shall be provided for all townhouses or condominiums or loft style apartments.
3.
Three (3) bedrooms or more: Two (2) parking spaces per unit.
4.
The above requirements shall apply to situations where only one (1) or two (2) units are included in a building provided that they are located on the second through fourth floors only.
m.
Additions to existing buildings. Existing parking shall be provided as a minimum for additions to existing conforming buildings.
n.
Extensions into or over rights-of-way or access easements.
1.
Outdoor eating areas may extend into rights-of-way or access easements of streets or public ways, if a minimum sidewalk clearance and/or distance to curb line of five (5) feet is maintained.
2.
Canopies, balconies, stoops, bay windows, awnings, planting beds, signs, and other building projections may extend from buildings if a minimum sidewalk clearance and/or distance to curb line of five (5) feet is maintained at ground level, extending to twenty-five (25) feet of clearance overhead to allow maintenance equipment to safely work in easements or rights-of- way. No permanent fixture is allowed to be built lower than twenty-five (25) feet over or on a right-of-way or easement area.
(9)
Building design guidelines:
a.
Developments shall create generally a continuous public edge and streetscape on all frontages by using a combination of the following:
1.
Building face.
2.
Low wall, canopy structure, or attractive fence
3.
Articulated screening wall around service/loading areas to screen trucking activities from pedestrian areas.
4.
Street furniture.
6.
Landscaping.
7.
Berms.
8.
Incorporation of signage and sidewalks into any of the above.
b.
Buildings shall be designed to have an identifiable public address that corresponds to the main entrance of buildings. All entrances and exits shall have a continuous pedestrian walkway that is connected to a public sidewalk.
c.
Pedestrian walkways should be protected from vehicular intrusions with landscaping, curbs, bollards, or other elements integrated into the overall streetscape design.
d.
A portion of the ground level floor facing the primary street shall provide windows that allow for visibility into stores.
e.
Blank facades shall not be exposed to public streets. Buildings with long facades (greater than forty (40) feet) should be massed and articulated by design elements including texture, canopies, transparency, and the vertical expression of structural bays so that the scale of the building does not overwhelm streetscapes.
f.
Buildings shall incorporate traditional horizontal elements such as building based sills, cornices and rooflines to add interest, reduce the massive scale of the building and complement the character of contiguous buildings.
g.
Large buildings should be articulated by breaking long walls into smaller components, avoiding facade flatness, with projections or indentations, with clearly marked entries, with differentiation between bottom floor, top floor, and the floors in between, and with a variety of roof designs.
h.
Rooftop and ground floor mechanical equipment shall be screened from public view.
i.
A variety of materials or exterior treatments are required. The same exterior design shall not be used for more than two (2) buildings.
j.
Screening through use of masonry walls, landscaping or appropriate combinations is required for all storage, service portals, garbage areas, and service driveways that are contiguous to other properties.
k.
Parking lots should be laid out to continue the street/block pattern of the area so that the lots can easily be redeveloped with buildings consistent with the urban design of the surrounding development.
l.
Large surface parking lots shall be screened and broken up visually through landscaping, as provided by subsection 27-21(i), and other elements within the parking area, such as a grid of trees on islands in the lot or segmenting the lot with landscaped areas, as well as utilizing defined walkways.
m.
Direct, defined, and protected pedestrian routes should be provided through parking lots.
n.
Convenient bicycle parking shall be provided for employees and customers contiguous to the front doors of the building where possible.
o.
Large centers should provide a public realm by providing defined public places and activity centers so that varied activities are encouraged. This can be accomplished by the utilization of greens, plazas, and streets fronted by closely contiguous buildings to provide some interest at the pedestrian level.
(10)
Refuse containers: All refuse and refuse containers shall be screened from view of all public streets and contiguous residential areas by a masonry wall.
(11)
Noise: In this district, no noise from activities conducted within the business building shall be discernible above the ambient noise level beyond the property line, as provided in section 27-21. Noise generated at outdoor spaces such as music from outdoor restaurant seating must be controlled so as not to become a nuisance to contiguous properties.
(12)
Environmental controls are subject to the provisions of section 27-21.
(13)
Urban open space: Common open space shall be reserved for the leisure and recreational use of ALL the project's occupants and readily accessible thereto. Common open space is land area of which at least fifty (50) percent is not covered by buildings, structures or the required parking spaces. Common open space shall be guaranteed by a restrictive covenant describing the open space and its uses, maintenance, and improvement and running with the land for the benefit of occupants or the public. The guideline for urban mixed-use open space is twenty (20) percent of the project area. Landscaping requirements can be incorporated into the open space requirement. The availability and nature of contiguous or nearby public open space and parkland may be considered in making a determination of required percentage of open space.
(14)
Landscaping:
a.
A reasonable percentage of the lot shall be maintained in a combination of landscaped and urban open space. The project must adhere to the spirit of the city's landscape requirements in section 27-21. The MU-PD site plan must demonstrate an appropriate balance of open space, landscaping, the use of ornamental planters, and planting boxes. Though a large expanse of landscaping in the front is not an absolute requirement, where appropriate, it will be considered.
b.
Street Trees: Street trees are required and shall be large shade tree species, having a minimum caliper of four (4) inches at three (3) feet above grade. Trees shall be wrapped or otherwise trimmed to a height of four (4) or higher to prevent blockage of retail establishments and signs by new growth. Street trees shall be planted on twenty (20) foot centers.
(15)
Signs: Decorative signs are preferred. The project must adhere to the city's requirements in section 27-22. Generally, the hierarchy of permitted signs will be in order appropriately scaled building signs, landscaped monument signs and multi-tenant signs. If requested, neon lighted signs shall be in lieu of the building sign. No more than one (1) neon lighted sign may be permitted per storefront or business window. No neon lighted sign shall cover more than fifteen (15) percent of a business's front window.
(16)
Lighting: Decorative lighting shall be installed and all lights shall have shielding to control views of the source of light from nearby residential areas.
(17)
Sale of alcoholic beverages:
a.
The sale, dispensing and otherwise handling of alcoholic beverages directly to the consumer for consumption on the premises shall be permitted only if incidental and secondary to the sale of food for human consumption on the premises, which shall be construed to mean that at least fifty (50) percent of gross receipts must be from the sale of food for consumption on the premises. This regulation shall not apply to private clubs operating within hotels.
b.
Alcoholic beverages may be sold only as incident to carry-out food sales, which shall be construed to mean that gross receipts from alcoholic beverage sales shall be less than gross receipts from carry-out food sales.
c.
There shall be no service of alcoholic beverages to any person within an automobile.
(18)
Parking and loading area setback: When a Mixed-Use District site lies across the street from property in a residential district, the parking and loading area (other than for required entrances and exits) shall be set back from the property line at least three (3) feet to provide a planting space which shall be permanently landscaped and maintained.
(19)
Crime prevention through environmental design (CPTED): All projects proposed under this district shall demonstrate consideration of design and architectural issues that can decrease the likelihood of crimes against persons using the project. Entries, alleys, driveways, stairways, public and private walkways and other personal safety features should be planned with crime prevention in mind.
(h)
Planned development regulations. MU-PD and MU-SPUD uses shall be subject to the general conditions and urban design guidelines listed in the Mixed-Use Overlay District; provided, however, that the following general conditions may be specifically modified by the site plan or ordinance adopting such site plan:
(1)
Minimum lot size.
(2)
Minimum lot width.
(3)
Dwelling unit sizes and percentages.
(4)
Yard requirements and setbacks.
(5)
Height restrictions.
(6)
Screening.
(7)
Parking, access, and loading.
(8)
Open space requirements.
(9)
Landscape requirements.
(Ord. No. 1932, § 1, 10-26-04)