§ 21-42. MX, Mixed use.

(a)

[Purpose.] The purpose of the MX, Mixed use zoning district is to provide areas for a mixture of low intensity commercial uses and moderate density residential uses. Ideally, MX will be mapped as a transitional district between those areas which are predominately residential in character and those areas which are predominately commercial in character.

(b)

Land use classifications. The MX zoning district may be assigned to properties designated as primary activity center, regional activity center, neighborhood activity center, and commercial on the city's future land use map.

Specific permitted uses, accessory uses, special uses, and conditional uses for the MX zoning district are contained in Table 21-32(a) of this code.

(c)

Permitted development intensity.

(1)

Permitted development densities for residential uses shall be a minimum of five (5) dwelling units per acre up to a maximum of fifteen (15) dwelling units per acre within areas mapped as primary activity center, regional activity center, and neighborhood activity center on the future land use map and a maximum of seven (7) dwelling units per acre within areas mapped as commercial on the future land use map.

(2)

The maximum floor area ratio for commercial uses shall be as set forth in Table 21-42A.

Table 21-42A, Maximum Commercial Floor Area Ratios
Inside Central Urban Core	Maximum 1.5
Inside Regional Activity Center or	0 to 3.0 acres: Maximum 0.75
Neighborhood Activity Center	Greater than 3.0 acres: 0.50
All other Areas	Maximum 0.25

 

(3)

Permitted development densities/intensities for parcels developed with commercial and residential uses shall be as set forth in Table 21-42B.

Table 21-42B, Mixed Use Development Intensities
Maximum Residential Density	Maximum Commercial Square Footage
0.0 to 5.0 units per gross acre	100% of Permitted Floor Area Ratio
5.01 to 7.5 units per gross acre	80% of Permitted Floor Area Ratio
7.51 to 10.0 units per gross acre	60% of Permitted Floor Area Ratio
10.01 to 12.5 units per gross acre	40% of Permitted Floor Area Ratio
12.51 to 14.0 units per gross acre	20% of Permitted Floor Area Ratio

 

(d)

Building form standards. All development within the MX zoning district shall follow the building form standards as set forth in Table 21-42C.

Table 21-42C, MX Zoning District Development Standards
Lot and Building Standard	Requirement
Lot or Parcel Area	Existing Parcels Created on or before May 22, 2017—Minimum 5,000 square feet
	Single-family Parcels Created after May 22, 2017—Minimum 6,000 square feet
	Multifamily or Commercial Parcels Created after May 22, 2017—Minimum 7,500 square feet
Lot or Parcel Width	Residential—Minimum 50 feet
	Non-residential—Minimum 60 feet
Living Area for Residential Units	Attached and Mixed Use: Minimum 400 square feet
	Detached: Minimum 750 square feet
	Accessory Residential Unit: 225 square feet
Front Building Setback	Minimum	Local Street: 15 feet
		Collector Street: 20 feet
		Arterial Street: 25 feet
	Maximum	Single-family or Multifamily Residential Building: 25 feet
		Commercial or Mixed Use Building	Local Street: 45 feet
			or Arterial Street: 65 feet Arterial Street: 75 feet
Side Building Setback	Minimum 8 feet with reductions permitted to 3 feet for up to 33% of the side building elevation.
	Accessory Residential Unit- Minimum 3 feet
Street Side Building Setback	Minimum	Local Street: 10 feet
		Collector Street: 15 feet
		Arterial Street: 25 feet
	Maximum	Local Street: 30 feet
		Collector Street: 55 feet
		Arterial Street: 55 feet
Rear Building Setback	Single-family Residential	Minimum 20 feet
	Accessory Residential Unit	Minimum 5 feet
	Multifamily, Commercial, or Mixed Use	From interior lot line—Minimum 15 feet
		From alley	New Construction—Minimum 50 feet
			Existing Construction—Minimum 15 feet
Building Height (Above Finished Grade)	Local Street: Maximum 3 Floors up to 42 feet
	Collector Street or Arterial Street: Maximum 4 Floors up to 56 feet
Impervious Surface Area	Non-waterfront Parcels	Maximum 80%
	Waterfront Parcels	Maximum 50%

 

(e)

Other requirements.

(1)

See Article III of this code for landscaping, parking, site access, stormwater, and utility connection requirements.

(2)

Where the required building setback is less than the required landscape buffer width, the landscape buffer may be reduced to the width of the minimum building setback for that portion of the buffer adjacent to the building.

(3)

Any new development or redevelopment that consists of an expansion of more than ten (10) percent in a building's leasable square footage or seating capacity, or a change in use from one (1) general use category in Table 21-32(A) to another general use category in Table 21-32(A) shall require the review and approval of a site plan as set forth by the City's site plan review procedures contained in Article VII of this code.

(4)

Any development creating three (3) or more lots of record shall require a subdivision plat meeting the standards found in Article III of this code.

(f)

Pre-existing development.

(1)

Any building permitted on or prior to July 10, 2017, shall be considered a legal conforming structure if the minimum front, side, and rear setbacks for the building are met. Existing construction shall not be subject to the maximum setback requirements contained in Table 21-42C.

(g)

Special parking provisions. To facilitate redevelopment of older, urban-scale lots found in the City's central urban core, as delineated on the adopted future land use map, the following special parking provisions shall be applied to parcels located within the central urban core:

(1)

Reduced parking space and drive aisle dimensions. The minimum size of standard parking spaces may be reduced to nine (9) feet wide by eighteen (18) feet deep with minimum eighteen-foot wide, two-way, or minimum ten-foot wide, one-way drive aisles under the following circumstances:

a.

The parcel width is less than seventy-five (75) feet.

b.

The parcel area is less than seven thousand five hundred (7,500) square feet.

(2)

On-street parking. Where on-street parking currently exists within three hundred fifty (350) feet, the amount of required on-site parking may be reduced by twenty (20) percent.

(3)

Parking in rear. Where a parcel abuts a paved alley, placement of required on-site parking is required to be placed within the rear yard area. Access to the parking area should be from the alley; however, secondary access from the street may be permitted.

(h)

Special landscaping requirements. To facilitate redevelopment of older, urban-scale lots found in the City's central urban core, as delineated on the adopted future land use map, the following special landscaping provisions shall be applied to those uses required to provide landscaping within the central urban core:

(1)

For parcels less than ten thousand (10,000) square feet in area or less than seventy-five (75) feet in width, all buffer yards required by Article III, Division 7 of this code may be reduced to a minimum width of five (5) feet to facilitate placement of buildings, stormwater retention, and off-street parking.

(2)

For parcels less than seven thousand five hundred (7,500) square feet in area or less than sixty (60) feet in width, all buffer yards required by Article III, Division 7 of this code may be reduced to facilitate placement of buildings, stormwater retention, and off-street parking as follows:

a.

The front yard buffer yard may be reduced to a minimum width of three (3) feet along with elimination of the requirement to plant over-story trees.

b.

The side buffer yard may be reduced to a minimum width of three (3) feet along with elimination of the requirement to install plantings provided a minimum six (6)-foot opaque fence is installed. The requirement for the fence shall not extend forward of the front building line of the principal structure.

(i)

Special sign requirements. Due to the unique nature of the MX zoning district, where residential and commercial uses may be located within close proximity of each other, the following special sign requirements shall apply to all properties fronting a local street:

(1)

Permitted signage. All permanent signs shall either be wall signs or ground signs consisting of monument type signs.

(2)

Sign height and setbacks. Monument signs shall have a maximum permitted height of eight (8) feet and shall be setback a minimum of three (3) feet from any property line or public sidewalk located outside of the right-of-way.

(3)

Sign area. The maximum sign area for individual parcels shall be as indicated in the table below. Signage may be distributed between the front and side street elevations of the parcel only. Signs located on the interior side and rear elevations shall not be permitted; however, businesses with rear access from an alley may be permitted an additional identification sign not to exceed sixteen (16) square feet in area and six (6) feet in height.

Sign Type	Formula	Maximum Permitted Signage
Wall	1.25 sf / linear foot of building frontage	75 square feet
Monument	0.5 sf / linear foot of lot frontage	64 square feet

 

(4)

Electronic message center signs. The use of electronic message centers for the display of changeable copy may be permitted. Messages displayed by the electronic message center shall change no more frequently than once every twenty (20) seconds. The electronic message center shall not exceed twenty-five (25) percent of the copy area of the sign structure in which it is installed; however, in no case shall an electronic message center sign exceed sixteen (16) square feet in area. No electronic message center shall be permitted unless it is part of another legally approved sign structure. No electronic message center sign shall operate between the hours of 8:00 p.m. (9:00 p.m. during daylight savings time) and 8:00 a.m.

(5)

Portable signs. Except for a single sandwich board/easel/A-frame type sign up to eight (8) square feet in area, the use of portable ground signs, including commercial and decorative flags and balloons, shall not be permitted. Portable sandwich board/easel/A-frame signs shall be removed from the front yard area of the parcel at the conclusion of business each day. No permit is required for the sandwich board/easel/A-frame type sign.

The use of a building-mounted grand opening or special event banner shall be permitted provided the size of the banner does not exceed thirty-two (32) square feet and is not displayed for a period greater than sixty (60) days. A permit for these types of banners may be issued up to twice per calendar year.

All other provisions from the City's sign requirements contained in Article IV of this Code, which are not in conflict with these special requirements, shall apply.

(j)

The Development Special Magistrate is authorized to hear requests to vary building form standards contained in Table 21-42C and criteria relating to parking reductions contained in section 21-42(g). In addition to the criteria contained in Article VII of this Code for the granting of variances, the Development Special Magistrate may take into consideration impacts of the location of a building in meeting the requirements contained in Table 21-42C on adjoining properties.

(Ord. No. O-00-09, Art. 2 (2.02.03.09), 4-24-00; Ord. No. O-08-42, § 2, 5-12-08; Ord. No. O-17-21 , § 3, 7-10-17)