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Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 1 18.44 Mixed-Use Development Zone (MD-3) 18.44.010 Purpose. A. The purpose of the Mixed-Use Development Zone is to provide a variety of uses (limited commercial, office and residential) as an appropriate transition between high-traffic arterial streets and nearby residential uses. This district is intended to ensure compatibility of new development and residential conversions with existing and future residential development. It is also intended to ensure as well as encourage assemblage of properties in a unified plan with a coordinated and harmonious development which will promote outstanding design without and unsafe strip commercial development. Specific measures to mitigate negative impacts of mixed-use developments include standards for perimeter walls, vehicular access, lighting, signage, etc., which will be required at the time of design and site plan approval. Landscaping shall be as specified in MKZ 18.67. 18.44.020 Applicability. A. The Mixed-Use Development Zone (MD-3) may be applied to existing parcels, lots, and areas already included in the Mixed-Use Development Zone (MD-3) in the City, but no additional parcels, lots or land may be added to the MD-3 zoning district. 18.44.030 Permitted and Conditional Uses A. Uses in the Mixed-Use Development Zone (MD-3) are as determined by the Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone (MD-3). If a use is not specifically designated in the table, then it is prohibited. Table 18.44.031 Permitted and Conditional Uses in Mixed-Use Development (MD-3) Zone Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone P= Permitted C= Conditional Use Review Required Land use MD-3 Limitations/references Residential Uses Apartments C Maximum density of 12 units per acre Group Dwellings C Maximum density of 12 units per acre Household Pets P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 2 Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone P= Permitted C= Conditional Use Review Required Land use MD-3 Limitations/references Multiple Dwellings C Maximum density of 12 units per acre Nursing home C Planned Unit Development C Maximum density of 12 units per acre Residential Facility for Elderly Persons P Lodging Bed and Breakfast Homestay P Bed and Breakfast Inn C Including a restaurant and conference meeting rooms Boarding House Lodging House Short-term rentals P Provided a valid Millcreek business license has been issued and in good standing with respect to the property; Civic and Institutional Uses Private Educational Institution Private Nonprofit Recreational Grounds and Facilities Public uses P Quasi-Public Uses P Commercial, Office, and Service Uses Agriculture P Antique shop P Art gallery P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 3 Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone P= Permitted C= Conditional Use Review Required Land use MD-3 Limitations/references Art needlework shop P Art shop and/or artist supply P Bank or financial institution P Barber shop P Beauty shop P Bicycle shop C Bookstore P China and/or silver service P Class B beer outlet C Clothes cleaning, dyeing and pressing agency C Copy service P Daycare Center C Floral shop P Gift shop P Greenhouse P Greeting card sales P Gymnastics, Dance, Dramatic, Cosmetic, Modeling and Art studios C Handicraft shop P Health food store P Hobby and/or crafts shop P Key and lock service P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 4 Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone P= Permitted C= Conditional Use Review Required Land use MD-3 Limitations/references Laundry, Automatic Self- Help Type C Manicuring, pedicuring and electrolysis of hair P Medical, optical and dental labs P Mortuary C Music store C Notions P Nursery C Office, business or professional P Office supply P Optometrist and/or oculist P Parking lot P Pharmacy P Photographer P Preschool C Reception center C Restaurant C Including fast-food, drive-through window, or liquor license Restaurant Shared parking C Shoe repair shop C Stationery shop P Tailor shop P ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 5 Table 18.44.031 Permitted and Conditional Uses in the Mixed-Use Development Zone P= Permitted C= Conditional Use Review Required Land use MD-3 Limitations/references Tanning studio C Travel bureau P Veterinary C Provided the operation is completely enclosed within an air- conditioned soundproofed building. The noise from the animals shall not be audible at the property line Wedding chapel C Miscellaneous Uses Temporary structures C As set forth in MKZ 18.53 Temporary Uses Temporary Buildings P For use incidental to construction work Accessory Uses, Accessory Buildings and structures P As set forth in MKZ 18.54 Accessory Uses, Accessory Buildings and Structures 18.44.040 Hours Of Operation A. Commercial uses shall not be open for business before six a.m. or after eleven p.m. 18.44.050 Businesses And Uses; Conditions A. The uses specified in this chapter for the MD-3 zone shall be permitted only under the following conditions: 1. No manufacturing is allowed; 2. No outside storage of any stock, motor vehicles or other property is allowed except for two delivery vehicles three-quarter ton or smaller. 18.44.060 Spatial Requirements A. Spatial Requirements. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 18.44.061 Spatial Requirements for the Mixed-Use Development Zone: ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 6 Table 18.44.061 Spatial Requirements for the Mixed-Use Development (MD-3) Zone Table 18.44.061 Spatial Requirements for the Mixed-Use Development Zone Zone Min. lot area Min. lot width Min. Front Setback Min Side Setback Min Rear Setback Maximum Building Height Max. Lot Coverage MD-3 4 acres 250’ 30’ 30’ 30’ 3 stories 2 stories when located within 50’ of a residential use 40% 18.44.070 Design and Site Plan Approval A. Design and site plan approval including, but not limited to, architecture, building materials, lighting, signage, vehicular access and noise for all development in the MD-3 zone is required by the Planning Commission as a conditional use pursuant to the requirements of MKZ 18.13.120. 18.44.080 Perimeter Wall A. All mixed-use developments shall have a decorative tinted concrete or masonry wall on all rear and side yards not fronting on a public street. B. All perimeter walls shall be a minimum of six feet high unless the Planning Commission requires a higher wall as part of the conditional use approval. 18.44.090 Landscaping and Screening A. Landscaping shall be as specified in MKZ 18.67. B. When off-street parking areas are situated across the street from a property in a residential zone, a masonry wall or berm a minimum of three feet in height shall be erected in the landscaped front yard or landscaped side yard which faces on a street on corner lots to adequately screen the parking areas from the residential properties. 1. All ground-mounted mechanical equipment including, but not limited to, heating and air conditioning units, and trash receptacle areas shall be completely screened from surrounding properties by a masonry wall or shall be enclosed within a building. 2. The design of all roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be approved by the Planning Commission to minimize visibility from on- site parking areas, adjacent public street and adjacent residentially zoned property. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 7 3. All utility connections shall be designed to be compatible with the architectural elements of the site so as not to be exposed except where necessary. Pad- mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. Power lines and other utility cables shall be installed underground where possible. 18.44.100 Lighting A. Lighting shall be as specified in MKZ 18.70. 18.44.110 Noise A. The noise level emanating from any use or operation shall not exceed the limits in the health department health regulation number twenty-one, or its successor, regarding noise control. The noise level shall not in any case exceed five decibels above the ambient level of the area measured at the property line. For the purposes of compliance with health regulation number twenty-one all properties located within a mixed development zone shall be considered residential. 18.44.120 Access A. The number of access points along public streets shall be minimized by sharing and linking parking areas with adjacent properties. Reciprocal ingress and egress, circulation and parking agreements shall be required to facilitate the ease of vehicular movement between adjoining properties. On corner sites access points shall be located as far from the corner as reasonably possible and in no case less than forty feet from the point of intersection of the property lines. Vehicular circulation shall be designed to limit the intrusion of traffic into residential areas and minimize access on streets used by schoolchildren. 18.44.130 Odor A. No use shall be permitted which creates odor in such quantity as to be readily detectable beyond the boundaries of the site. 18.44.140 Design Considerations A. In order to meet the purposes of this chapter the Planning Commission shall consider the following prior to approval of any plan: 1. Lots should be accumulated to provide the minimum lot area. Individual lots with an area smaller than the minimum lot area are not suitable for a mixed development. 2. The development shall provide on-site amenities and appropriate buffering to adjacent properties and uses. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.44 Mixed-Use Development Zone (MD-3) v2 8 3. The scale of the development shall be in character with the surrounding land uses. 4. Safe access shall be provided within the site and to public streets. 5. The development shall have a residential character if adjacent to residential areas.