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HomeMy WebLinkAbout2598-20 - ADMIN Ordinance - City Council - 2020/11/16Ordinance No. 2598-20 Ordinance relating to the mixed-use division, including MX-1 and MX-2, and related definitions, land use, parking, sign and architectural design requirements. The City of St. Louis Park does ordain: Whereas, the City of St. Louis Park conducted a planning revitalization study of the Historic Walker Lake District, which was adopted by the City Council in January 2020; and Whereas, the revitalization study recommended several zoning code revisions to achieve the community’s goals of preservation and revitalization within the district which facilitates an update to said Plan. Section 1. The city council has considered the advice and recommendations of the planning commission (Case No. 20-20-ZA). Section 2. Chapter 36 Division 9. M-X Mixed Use District of the Code of Ordinances, City of St. Louis Park, Minnesota, is hereby amended and replaced in its entirety to read as follows: DIVISION 9. MIXED USE DISTRICTS REGULATIONS Sec. 36-261. Purpose of division. The provisions of this division address the areas in the city where a mix of uses in the same building, on the same parcel, or in the same neighborhood are strongly encouraged or required. Sec. 36-262. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Building Height to Street Width Ratio means the percentage of the building height at the street frontage compared to the adjacent street width, measured from the centerline of the street. The “street width” measurement includes all sidewalks, easements and street yard. The “building height” measurement does not include any upper stories that utilize a stepback. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 2 Illustration: Building height is 60 percent of the street width. Build-to Zone means the minimum and maximum distance a structure may be placed from a lot line. Build-to Zone, Primary means the build-to zone along a lot’s primary street frontage. Build-to Zone, Secondary means the build-to zone along a lot’s secondary street frontage. Commuter Bicycle Facilities means bike lockers or bike storage room(s), on-site showers, and a bicycle repair station. Courtyard means an outdoor area enclosed by a building facade on at least 3 sides and open to the sky. Impervious Site Coverage means the percentage of a lot developed with principal structures, accessory structures and impervious surfaces, such as driveways, sidewalks, and patios. Illustration: Build-to Zones DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 3 Inclusionary Commercial Space means a specified reduction of commercial rent only for small local businesses, based on the fair market commercial rents for the building. Lot Line Coverage means the minimum percentage of the lot line that must have a building façade located within the build-to zone. Micro Store Front means a commercial or industrial space a maximum of 1,500 square feet in size only for a small local business. Occupied Space means an interior building space regularly occupied by the building users. It does not include storage areas, utility space, or parking. Pedestrianway means an open and available pathway designed for use by pedestrians; it can be located mid- block allowing pedestrian movement from one street to another without traveling along the block’s perimeter. Small Local Business means a local, independently owned, non-franchised business. Local means located in the Twin Cities Metro Area. Story, Ground (also referred to as ground floor) means the first story of a building that is level to or elevated above the finished grade on the front and corner facades, excluding basements or cellars. Story, Half means a story either in the base of the building, partially below grade and partially above grade, or a story fully within the roof structure with transparency facing the street. Story, Upper (also referred to as upper floor) means the stories located above the ground story of a building. Street Face means the facade of a building that faces a street right-of-way. Street Frontage means the building and yard area facing and directly adjacent to a street right-of-way line. Street Frontage, Primary means the street frontage that receives priority over other street frontages, defining a higher level of pedestrian orientation. The primary street frontage is classified in the Comprehensive Plan as a collector or arterial. If there are two primary streets, or no primary streets, the Zoning Administrator shall determine the most appropriate street frontage to serve as the primary street frontage. Orientation of other parcels along the street shall be considered. Street Frontage, Secondary means a street frontage that is secondary to the primary street frontage, requiring lower lot line coverage and transparency levels, and permitting more interruptions by driveways. Secondary street frontages are all frontages not identified as a primary street frontage, and are categorized as a side yard abutting a street. Illustration: Lot Line Coverage DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 4 Visible Basement means a half story partially below grade and partially exposed above with required transparency on the street facade. Yard. Yard is defined in Section 36-4 Definitions. For the purposes of this division, the following definitions shall supplement and, where inconsistent, supersede the definitions of Section 36-4: Side and Rear Yards Abutting Other Lots, an Alley, or a Rail Right-of-Way means a property located in an area designated as a mixed use district, only yards abutting a lot, an alley, or a rail right-of-way at the lot line, and not a street, waterway or other primary or secondary street frontage, are considered side or rear yards. Yard, Front. Refer to Yard, Street. Yard, Side Abutting a Street. Refer to Yard, Street. Yard, Parking Rear means the space on a lot between the rear façade(s) of the building and the minimum rear setback line, and extends to street yards and/or side parking yards. If the building extends to the minimum rear setback line, no rear parking yard will exist. Yard, Parking Side means the space on a lot between the side façade(s) of the building and the minimum side setback line, and extends to street yards and/or side minimum side or rear setback lines. If the building extends to the minimum side setback line, no side parking yard will exist. Yard, Street means the space on a lot between the principal structure and the primary and secondary street frontage lot lines and extending to any minimum side or rear yard line. Zoning Administrator means the zoning administrator or designee. Sec. 36-263. Mixed use division restrictions and performance standards. (a) Buildings (1) More than one principal building may be placed on one lot. (2) Each individual business on the ground floor of a building shall have a direct and primary access facing the street frontage or an interior arcade and the access shall remain open during business hours. (b) Non-vehicular access (1) A separate pedestrian access shall connect the principal building to the public street or a public trail, on all sides of the lot which front on a public right-of-way or public trail. (2) On-site pedestrian/bicycle facilities shall be provided as logical connections to off- site uses. (3) Pedestrian/bicycle accesses shall be separated from parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. (4) If an existing transit stop is located on any adjacent public street, pedestrian/bicycle access shall be located convenient to that transit stop. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 5 (5) Developments located on a public transit route shall work with the transit authority and accommodate a transit stop that conveniently serves the development, if needed for the transit route. (6) Sidewalks shall be provided along all sides of the lot that abut a public or private street. (c) Vehicular access (1) All delivery service entrances to a building shall be from a public alley, service-alley, off-street parking lot; deliveries not able to be made from a public alley, service- alley or off-street parking lot shall be made from the curb in a manner that does not obstruct drive lanes or on-street parking spaces. (2) Vehicular driveway access is managed through alleys, primary and secondary street frontages. The order of access is as follows: a. An alley permits unlimited access. b. If no alley exists, one driveway per secondary street frontage is permitted. c. If no other option exists, one driveway is permitted off the primary street frontage and shared access with abutting properties is encouraged. (3) Driveways shall be no greater than 22 feet in width at the right-of-way line. (4) Shared driveways are encouraged. (5) When two or more parking lots have adjacent rear property lines and each lot contains the same street frontage type, the parking lots shall be connected with a drive perpendicularly crossing the minimum rear yards. (6) Designated pedestrian routes, including sidewalks and driveway crossings, shall be provided to connect each parking space to the front sidewalk (and front entrance) or a rear public entrance. Driveways shall not be utilized as designated pedestrian routes. (7) There shall be no vehicular access within 50 feet of the intersection of the projection of the nearest curblines of any public streets to a parcel on which a commercial use is operated. (d) Exterior uses (1) Parking Location. a. Street Yard. Parking is not permitted in any street yard. b. Rear Parking Yard. Parking may be permitted in the rear of the lot, but shall not be closer than five (5) feet to property zoned R-1 or R-2 in the rear or side yard and shall be fully screened from the front by the building. Refer to the Street and Parking Yards illustration. Note that accessory parking structures within each district have separate side and rear yard standards. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 6 c. Limited Side Parking Yard. Parking may be permitted with the following: 1. Location. The parking is permitted only in the side parking yard of the building (refer to the Street and Parking Yards illustration) but shall not be closer than five (5) feet to property zoned R-1 or R-2 in the rear or side yard. 2. Limited Width. Up to one double-loaded bay of surface parking is permitted with a maximum width of 65 feet. 3. Perpendicular to the Street. The parking lot shall be located perpendicular to the street with the centerline of the drive aisle perpendicular to the centerline of the street. 4. Accessory Parking Structure. An accessory parking structure is not permitted in the side yard of a primary street frontage. d. Garage Entrances. Vehicular entrances to structured parking garages within the building generally shall be limited to locations on the rear façade that face the rear parking yard; except such entrances may be located on the side façade, facing the limited side parking yard, if the following is met: 1. The location may not be closer to the street than the maximum of the build-to zone. (2) All rear and side yards that do not contain parking lots or ramps shall consist only of landscaped area, designed outdoor recreation area, and/or sidewalk space. (3) Vehicle storage or display, mechanical equipment, refuse and recycling containers, and loading areas shall not be located within any street yard, build-to zone, or minimum side/rear yard. (4) All refuse/recycling and loading areas shall be screened from view within a waste enclosure which shall be constructed of complementary materials to the principal building. (5) Outdoor storage shall be prohibited except when specifically permitted elsewhere in this chapter. (6) New structures and structures which expand their gross square footage by more than 50 percent shall be required to place all utility service lines underground. Any new utility services to an existing building shall be placed underground. Illustration: Street and Parking Yards DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 7 Sec. 36-264. MX-1 vertical mixed use district. (a) Purpose and effect. The purposes of the vertical mixed-use district are to: (1) Provide appropriate areas for and facilitate quality mixed-use development in activity centers that are consistent with the Comprehensive Plan’s land use and transportation goals and strategies; (2) Provide a variety of residential housing types and densities to assure activity and support a mix of uses, and enhance the housing choices of city residents; (3) Integrate new mixed-use development with its surroundings by encouraging connections for pedestrians, bicyclists, and vehicles and by assuring sensitive, compatible use, scale, and operational transitions to neighborhood uses; (4) Encourage reductions in impervious surface by minimizing surface parking and retain open space by encouraging taller buildings for high density uses; and (5) Promote high quality architectural design, materials, and innovative site design. (b) MX-1 district restrictions and performance standards. (1) All buildings shall have a vertical mix of land uses, such as residential and commercial, with a strong pedestrian orientation. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors. (2) Business uses, except for off-street vehicular parking and off-street loading, shall be conducted wholly within an enclosed structure except as specifically permitted elsewhere in this chapter. (3) At least 75 percent of the building along the primary street frontage must be designed for non- residential uses on the ground floor. Lobbies and amenity areas serving a residential use or a hotel shall not count as a non-residential use. (4) The first 30 feet behind the building façade on each street frontage shall contain permitted uses, excluding accessory parking, break rooms, storage areas, and utility closets/rooms. Beyond the first 30 feet behind the building facade, any permitted principal and accessory use is allowed on any floor. (5) A development agreement is required as part of the development approval and shall address, at a minimum, approved site and building design criteria, approved sign locations and design criteria, construction phasing, density bonuses, specifications for inclusionary commercial space, cash escrow or letter of credit for construction of on-site and off-site improvements generated by the development, and maintenance. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 8 (6) The development shall comply with all other applicable chapter provisions unless specifically modified by subsections (1) through (6) of this section. (c) Uses, generally. (1) Permitted uses (P). Uses listed in Table 36-263(b) with a “P” symbol are permitted by-right in the street frontage types in which they are listed. (2) Uses permitted in limited stories (PL). Uses listed in Table 36-263(b) with a “PL” symbol are permitted by-right in the street frontage types in which they are listed, provided that the uses are located in the upper stories of a structure; the basement; or in the ground story, a minimum of 30 feet behind any primary street façade and behind a permitted use. (3) Uses permitted with conditions (PC). Uses listed in Table 36-263(b) with a “PC” symbol are permitted provided compliance with the listed conditions and requirements. (4) Uses permitted by conditional use permit (CUP). Uses listed in Table 36-263(b) with a “CUP” symbol require a Conditional Use Permit; refer to 36-33 Conditional Use Permits. Table 36-263(b) Mixed Use District Uses Primary Street Frontage Secondary Street Frontage RESIDENTIAL AND LODGING USES Multifamily residential PC PC Live-work unit PC PC Roominghouse PL PL State-licensed residential facility PL PL Group home/non-statutory PL PL Nursing home PL PL Hotel/motel PC PC CIVIC AND INSTITUTIONAL USES Education/academic PL P Museum/library category P P Police/fire station PC PC COMMERCIAL USES Brewery PC PC Business/trade school/college PL P Dental office P P Food service P P Grocery store PC PC Liquor store CUP CUP Medical office P P Micro-distillery PC PC Offices PL P Private entertainment (indoor) CUP CUP Research and development PL P Retail, less than 8,000 square feet P P DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 9 Primary Street Frontage Secondary Street Frontage Retail, 8,000 square feet or larger PC PC Retail, large item PC PC Restaurants with or without intoxicating liquor license P P Service facilities, less than 8,000 square feet P P Service facilities, 8,000 square feet or larger PC PC Studios PC PC INDUSTRIAL USES Catering PC PC Printing process/supply PC PC Showrooms PC PC TRANSPORTATION AND INFRASTRUCTURE USES Communication antennas CUP CUP Transit stations P P (d) Uses permitted with conditions (PC). (1) Multifamily residential category. a. Shall be located in the upper stories of a structure; the basement; or in the ground story, a minimum of 30 feet behind any primary street façade and behind a permitted use, or on a secondary, rear, or side facade. b. Dwelling unit entrances are not required to be internal to the building, and individual exterior entrances are encourage for ground floor units. c. Balconies shall serve a single dwelling unit. d. Buildings are discouraged from being massive in scale or institutional in appearance. e. Use may include leasing and/or property management offices, gym or other fitness facilities for tenants, and meeting rooms as accessory uses. (2) Live-work unit. a. The units shall only be located on a street frontage. (3) Hotel/motel. a. Shall be located in the upper stories of a structure; the basement; or in the ground story, a minimum of 30 feet behind any primary street façade and behind a permitted use. b. Rooms shall be accessed from the interior of the building. c. Secondary service uses may also be provided, such as food service, meeting rooms, pools, and fitness rooms as accessory uses. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 10 d. A lobby and secondary service uses serving the hotel/motel may be provided along 25 percent of the primary frontage. The remaining 75 percent of the primary frontage shall be non-residential uses. (4) Police/fire station. a. Garage doors are permitted on the front facade. b. Stations are exempt from maximum driveway widths. (5) Brewery a. The brewery shall not produce more than 20,000 barrels of malt liquor per year. b. The maximum overall gross floor area is limited to 20,000 square feet. c. A taproom and/or retail outlet is required and shall be located in the Primary Street storefront of the building. d. The taproom and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit. e. Alcohol produced off-site shall not be sold on-site, this includes both on-sale and off-sale transactions f. This use may also include associated facilities such as offices and small-scale warehousing, but distribution is limited to vans and small trucks. Distribution access shall be from the rear. (6) Grocery store. a. When the grocery store is part of a mixed-use development with residential or office uses above the grocery, the following applies: 1. No activity results in any noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. 2. Hours of operation, including deliveries, shall be limited to 6 a.m. to 12 a.m. (7) Micro-distillery. a. The maximum overall gross floor area is limited to 20,000 square feet. b. A cocktail room and/or retail outlet is required and shall be located in the primary street frontage of the building. c. The cocktail room and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit. d. Alcohol produced off-site shall not be sold on-site, this includes both on-sale and off-sale transactions DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 11 e. This use may also include associated facilities such as offices and small-scale warehousing, but distribution is limited to vans and small trucks. Distribution access shall be from the rear. (8) Retail, 8,000 square feet or larger. a. The retail space shall be located at a corner of the building or near a primary building entrance. b. The retail space shall not occupy more than 25 percent of the gross floor area of the ground floor. (9) Retail, large item. a. The establishment shall be less than 20,000 square feet in size. (10) Service facilities, 8,000 square feet or larger. a. The service space shall be located at a corner of the building or near a primary building entrance. b. The service space shall not occupy more than 25 percent of the gross floor area of the ground floor. (11) Catering; studio; printing process/supply; showrooms. a. This use may also include associated facilities such as offices and small-scale warehousing, but distribution is limited to vans and small trucks. Distribution access shall be from the rear. b. The maximum overall gross floor area is limited to 12,000 square feet. c. A showroom or retail outlet is permitted. d. If located on a secondary street frontage the following additional conditions apply: 1. The use is permitted only in specifically designated live/workspaces on the ground floor and with its own exterior entrance. 2. Distribution shall be from a designated loading area only. e. If located on a primary street frontage, the following additional conditions apply: 1. A showroom and/or retail outlet is required and shall be located in the primary street frontage of the building. 2. The showroom and/or retail outlet shall occupy a minimum of 25 percent of the gross floor area. (e) Uses permitted by conditional use permit (CUP). Uses listed in Table 36-263(b) with a “CUP” symbol require a Conditional Use Permit; refer to 36-33 Conditional Use Permits. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 12 (1) Liquor store. a. The lot must be at least 1,000 feet from the property line of a site containing a pawnshop, currency exchange, payday loan agency, firearms sales or sexually- oriented business. The distance shall be measured from the portion of the center or building occupied by the liquor store. (2) Private entertainment (indoor). a. No activity results in any noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. (3) Communication antennas. a. Shall be developed in accordance with 36-368 Communication (Towers and antennas Antennas), except that communication antennas located in the MX-1 district shall be co-located atop a permitted building. (f) Accessory uses. The following uses shall be permitted accessory uses in any MX-1 district. (1) Off-street parking. The following are types of accessory parking permitted: a. Parking lot. b. Parking ramp. 1. Parking ramps shall be located only behind the rear of the building. 2. Parking ramps located on the secondary street frontage shall have principal uses on the ground floor. 3. Parking ramps shall meet the façade requirements for the principal building. c. Building interior parking. 1. Parking is permitted fully in any basement and in the rear portion of any building, beyond the first 30 feet behind the building facade. 2. Interior parking shall meet the façade requirements of the building. 3. Entrances to the interior parking are permitted from the rear or side building facades only, unless otherwise noted per the street frontage type. (2) Incidental repair or processing which is necessary to conduct a permitted use and not to exceed 10 percent of the gross floor area of the associated permitted use. (3) Outdoor seating and service of food and beverage, subject to the following conditions: a. Shall be directly adjacent to the structure containing the associated use; b. No speakers or other electronic devices which emit sound are permitted if the use is located within 500 feet of a residential use; DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 13 c. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use; and d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (4) Bar, if accessory to a restaurant, hotel or private entertainment (indoor). (5) Catering, if accessory to a restaurant, food service, delicatessen, grocery store or retail bakery. (6) Break rooms, if accessory to a non-residential use and are not located along the primary street frontage. (7) Visitor lodging associated with residential care facilities. (8) Warehouse/storage which is necessary for a permitted use and not to exceed 20 percent of the gross floor area of the associated permitted use. (9) Home occupations complying with all of the conditions in the R-C district. (10) Outdoor sales are permitted only as accessory uses with garden and nursery sales. (11) Public transit stops/shelters. (12) Community gardens. (13) Accessory utility structures including: a. Small wind energy conversion system, as defined in 36-4 Definitions. b. Solar energy systems. A solar energy system with a supporting framework that is either placed on, or anchored in, the ground and that is independent of any building or other structure; or that is affixed to or an integral part of a principal or accessory building, including but not limited to photovoltaic or hot water solar energy systems which are contained within roofing materials, windows, skylights, and awnings. c. Cisterns and rainwater collection systems. A container or series of containers for the collection and reuse of rainwater. A cistern may be exempted from inclusion in the Site Impervious Area calculation. d. Where accessory utility structures are permitted with conditions, the following apply: 1. Accessory use. The equipment shall be located on a lot with a building and is a secondary use for the lot. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 14 2. Roof mounted location. Roof mounted equipment shall be located per one of the following: a. Pitched roof. Locate the equipment on a rear facing surface of the roof, if feasible for communication purposes. b. Flat roof. Locate the equipment towards the rear portion of the roof, where visibility is limited from the street to the maximum extent possible. 3. Ground mounted location. Ground mounted equipment is limited to the rear yard. Equipment may be located in the side yard if the equipment is screened from the street with an opaque wall, of the same or similar material of the street facade of the building. 4. Height. The height of the equipment is either a maximum of 12 feet or the maximum that is not visible from any street sidewalk, whichever is greater. 5. Performance standards. When noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties, including truck traffic, will be generated by this accessory use above any generated by the principal use, a Conditional Use Permit is required. Refer to 36-33 Conditional Use Permits. 6. Freestanding wind energy conversion systems (WECS). Refer to Sec. 36- 369, with the exception of the following requirements which shall replace the provisions of Table 36-369 A for all projects within the MX-1 District: a. Height Limit: 110 feet b. Maximum Number of WECS per lot: 2 c. Minimum Lot Size: 1.5 acres (g) Dimensional standards/densities. Notwithstanding the provisions of Section 36-32, the following standards and requirements cannot be modified or waived except as specifically stated: (1) The maximum nonresidential density is 1.5 FAR and the maximum residential density is 50 units per acre. In determining density, the total nonresidential floor area or number of residential units shall be divided by the land associated with each use, including building coverage and parking areas associated with the use and a proportion of the on-site usable open space. Stormwater ponds and public/private streets and alleys shall be excluded from land calculations. Maximum residential densities may be increased by up to 50 percent based on Table 36-263(f)(1). DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 15 Table 36-263(f)(1) 3 points 10% increase in density 6 points 20% increase in density 9 points 30% increase in density 12 points 40% increase in density 15 points 50% increase in density a. Inclusionary housing (maximum 6 points may be earned) 1. Provide affordable housing at the levels required in the city’s Inclusionary Housing Policy, as amended from time to time, whether or not the development includes city financial assistance (6 points); b. Environmental, energy, and water resources (maximum 8 points may be earned) 1. Meet the requirements of the city’s Green Building Policy as amended from time to time, whether or not the development includes city financial assistance (5 points); 2. Provide 0.5 W of on-site renewable energy per gross square foot of building area (3 points) c. Inclusionary commercial (maximum 4 points may be earned) 1. Inclusionary commercial space for retail and service less than 8,000 square feet, food service, and restaurant uses (4 points): a. 10 percent of total commercial space provided at 80 percent fair market rent for 10 years; or b. 20 percent of total commercial space provided 90 percent fair market rent for 10 years. 2. Provide 20 percent or up to 5,000 square feet, whichever is less, of the total commercial space as micro storefronts (4 points) d. Travel demand management (maximum 2 points may be earned) 1. Complete a travel demand management plan and implement all recommended strategies (1 points). 2. Commuter bicycle facilities provided onsite (1 points) a. In addition to the bicycle parking requirements in Section 36- 361, an additional 10 percent of the required bicycle parking DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 16 facilities shall be provided as bike lockers, on-site showers shall be available for building occupants, and a bicycle repair station shall be provided. e. Gathering spaces (maximum 2 points may be earned) 1. Provide and maintain a publicly accessible space which may include a plaza, courtyard, or community room (1 points) 2. Provide and maintain a publicly accessible community garden (1 points) (2) The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. (3) Building shall be constructed to the form requirements specific to the street frontage type in Table 36-263(f)(3). DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 17 Table 36-263(f)(3) Primary Street Frontage Secondary Street Frontage BUILDING SITING Minimum Lot Line Coverage 80%a 50% a Build-to Zone 10’ to 15’b 10’ to 20’b Maximum Building Length 200 feet c HEIGHT Building to Street Width Minimum 60% 60% Building to Street Width Maximum 100% 200% Minimum Height 2 stories 2 stories Maximum Height 6 stories d or 75’, whichever is less Primary Ground Story Height 12’ to 20’e All Other Stories Height 10’ to 15’ FAÇADE Entrance Elevation Each street entrance shall be within 30” of adjacent street sidewalk average grade a Minimum Lot Line Coverage, the following exceptions may apply:  Courtyards. A courtyard up to 35% of the width of the front facade is permitted and may contribute to the minimum lot line coverage.  Driveways. When a driveway is located at a primary street frontage and side yard parking is not utilized, a driveway width of 22’ may be deducted from the width of the build -to zone and is not included in the calculation of the minimum lot line coverage. b Build-to Zone:  Encroachments. Awnings and signage are permitted to encroach beyond the build -to zone toward the lot line.  Intersection of two build-to zones. o All buildings located on corner lots shall be built to the corner of the build -to zone unless otherwise stated. o The corner is defined as the intersection of the two build -to zones. Courtyards, per definition, cannot be located in this area. c Maximum Building Length:  May be increased up to 50%if a pedestrianway is provided.  These pedestrianways can be pedestrian easements and pathways or exterior through - building linkages at least every 200’. d Step-backed stories: all stories that exceed the maximum building to street width shall be stepped back from the front façade a minimum of 10 feet and a maximum of 30 feet. e Tall stories: 18’ or more in floor-to-floor ground story height counts as two stories toward maximum building height. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 18 (4) Side and rear yards: a. Buildings with side or rear property lines adjacent to R-1 or R-2 zoned and used districts shall have a maximum building height of 40 feet, and minimum side and rear yards of 15 feet. b. Buildings may exceed 40 feet in height if the portion of the building above 40 feet is stepped back from the side and rear property lines a distance equal to the additional height. (h) Special provisions. (1) Signage shall be allowed with the following conditions: a. Pylon signs are prohibited; b. Freestanding monument signs shall utilize the same exterior materials as the principal buildings and shall not interfere with pedestrian, bicycle or automobile circulation and visibility. c. Maximum allowable number, sizes, heights and yards for signs shall be regulated by Section 36-362, MX division requirements. d. Wall signs of non-residential uses shall only be placed on the ground floor and exterior walls of the occupied tenant lease space, and/or a monument sign. e. Wall signs shall not be included in calculating the aggregate sign area on the lot if they meet the following outlined conditions: 1. Non-residential wall signs permitted by this section that do not exceed seven percent of the exterior wall area of the ground floor tenant lease space. 2. The sign is located on the exterior wall of the ground floor tenant lease space from which the seven percent sign area was derived. 3. No individual wall sign shall exceed 100 square feet in area. f. Pedestrian scale signs visible from public sidewalks shall be encouraged. Such signs shall be no more than three feet in vertical dimension unless flush with the building wall. (2) Architectural Design. The standards established in Sec. 36-366 shall apply, with the following additional standards: a. Façade Transparency 1. Each upper story façade shall have a minimum transparency of 20% for primary and secondary street frontages. b. Building Entrances DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 19 1. The principal entrance to the building shall be required on the primary street frontage of the building. 2. Each street entrance shall be within 30” of adjacent street sidewalk average grade. Sec. 36-265. MX-2 neighborhood mixed use district. (a) Purpose and effect. The purposes of the neighborhood mixed use district are to: (1) Promote investment and infill development within the district by allowing flexibility of uses and a mix of uses; (2) Integrate new development with its surroundings by encouraging connections for pedestrians, bicyclists, and vehicles and by considering sensitive, compatible use, scale, and operational transitions to neighborhood uses; (3) Promote shared parking and optimization of existing parking areas; and (4) Promote high quality architectural design and materials, and innovative site design (b) MX-2 district restrictions and performance standards. (1) Fences. a. All fences shall comply with the standards established in Sec. 36-74. b. Fences in the street yards are prohibited, unless they meet the following standards: 1. Maximum height: three feet. 2. Maximum opacity: 50%. (c) Uses, generally. (1) Permitted uses (P). Uses listed in Table 36-264(b) with a “P” symbol are permitted by-right. (2) Uses permitted with conditions (PC). Uses listed in Table 36-264(b) with a “PC” symbol are permitted provided compliance with the listed conditions and requirements. (3) Uses permitted by conditional use permit (CUP). Uses listed in Table 36-264(b) with a “CUP” symbol require a Conditional Use Permit; refer to 36-33 Conditional Use Permits. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 20 Table 36-264(b) Neighborhood Mixed Use District Uses Principal Use Primary and Secondary Street Frontages RESIDENTIAL AND LODGING USES Residential dwellings (including multifamily housing, - and roominghouses) PC (up to 8 units) / CUP (up to 30 u/a) Live-work unit P CIVIC AND INSTITUTIONAL USES Library P Museum P Parks/open space P Parks/recreation PC Police/fire station P Places of Assembly CUP COMMERCIAL USES Adult day care PC Animal handling PC Appliance, small engine and bicycle repair PC Bank PC Brewery PC Food service PC Group day care/nursery school PC Liquor store PC Medical/dental office P Micro-distillery PC Office P Post office customer service PC Private entertainment (indoor) PC Restaurant PC Retail, less than 7,500 square feet P Retail, large item, less than 7,500 square feet P Service, less than 7,500 square feet PC Shopping center P Vendor market PC INDUSTRIAL USES Light assembly or low impact manufacturing and processing PC Medical, optical and dental laboratories PC Printing process/supply P Research and development PC Showrooms P Studio PC TRANSPORTATION AND INFRASTRUCTURE USES Antenna and communication tower PC (less than 45’) / CUP (between 45’ and 75’) Parking lot as principal use PC DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 21 Principal Use Primary and Secondary Street Frontages Parking ramp as principal use PC Public service structure PC Utility substation PC (d) Uses permitted with conditions (PC). A structure or land in the MX-2 district may be used for one or more of the following uses with conditions established below: (1) Adult day care. a. The condition for adult day care is at least 12% of the lot area shall be developed as designed outdoor recreation area. (2) Animal handling. a. No animals or pens shall be kept outside the building or cause offensive odor or noise discernible at the property line of the lot on which the activity is conducted. b. Where animals are boarded, the facility shall be located a minimum of 100 feet from any parcel that is zoned residential and used for residential. (3) Appliance, small engine and bicycle repair. a. Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (4) Banks. a. In-vehicle sales or services are prohibited. b. Self-service machines shall be located inside the building (5) Brewery. a. The brewery shall not produce more than 20,000 barrels of malt liquor per year. b. A taproom and/or retail outlet is required and shall be located in the Primary Street storefront of the building. c. The taproom and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit. d. Alcohol produced off-site shall not be sold on-site, this includes both on-sale and off-sale transactions (6) Communication towers that are 45 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). (7) Food service. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 22 a. In-vehicle sales or services are prohibited. (8) Group care nursery school. a. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. b. Ground level outdoor play areas: 1. Shall be at least 1,500 square feet in total area and provide at least 75 square feet of area per child in the area at any given time. a. An off-site park meeting these standards may meet this requirement, if the park is within 2,000 feet of the school 2. Shall be located a minimum of 200 feet from any roadway defined on the Comprehensive Plan as a principal arterial. (9) Light assembly or low impact manufacturing and processing. a. A showroom and/or retail outlet is required and shall be located in the primary street frontage of the building. b. The showroom and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit. c. All outdoor activities such as loading and unloading shall be located a minimum of 100 feet from any parcel that is zoned residential and used residential. (10) Liquor stores. a. The lot must be at least 1,000 feet from the property line of a site containing a pawnshop, currency exchange, payday loan agency, firearms sales or sexually- oriented business. In the case of a shopping center of multi-use building, the distance shall be measured from the portion of the center or building occupied by the liquor store. (11) Medical, optical and dental laboratories. a. The use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. (12) Micro-distillery. a. A cocktail room and/or retail outlet is required and shall be located in the primary street frontage of the building. b. The cocktail room and/or retail outlet shall occupy a minimum of 20 percent of the gross floor area with no maximum limit. c. Alcohol produced off-site shall not be sold on-site, this includes both on-sale and off-sale transactions (13) Parking lots as principal use. a. Shall be owned by the municipal government. (14) Parking ramps as principal use. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 23 a. Shall be owned by the municipal government. b. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used for residential may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward away from said parcel at a slope of five horizontal feet for each vertical foot. c. The minimum yard requirement for any parking ramp located within 200 feet of a parcel that is zoned residential and used for residential shall be 50 feet. d. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. e. The parking ramp shall be screened from view from any abutting property located within an R district. The screening shall include a six foot berm if the parking ramp is above ground. f. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used for residential, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. g. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a collector or arterial in the Comprehensive Plan shall be dedicated to non-parking uses. h. Parking ramp shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. i. Snow storage areas shall not be located in the front yard or side yard abutting a street. (15) Parks/recreation. a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure on the same lot. d. Screening shall be installed along the property line when the use abuts property residentially used or in one of the R districts. This screening shall include a berm or fence which shall be adequately maintained. Application of this provision shall not require a fence within the required front yard. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 24 (16) Post office customer service. a. The use shall only be permitted when it can be demonstrated that the operation will not have a significant adverse effect on the existing level of service and safety of adjacent streets and intersections. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. In-vehicle sales or services prohibited. d. Storage of vehicles is prohibited. e. Outdoor mailboxes intended for in vehicle service shall be located to allow in vehicle mail drop off by the vehicle’s driver. f. Screening shall be provided along the lot line between the drive through facilities and stacking areas and adjacent streets and properties and shall not interfere with visibility at the intersection of the exit drive and adjacent street as required by section 36-76. (17) Private entertainment (indoor) with or without intoxicating liquor license. a. In-vehicle sales or services prohibited. b. Not permitted in a building with residential uses. (18) Public service structures. a. All exterior faces of all buildings shall meet the provisions of Article V of this chapter. b. All structures shall be located a minimum of 15 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. c. All service drives shall be paved. (19) Restaurants with or without intoxicating liquor license. a. In- vehicle sales or services prohibited. (20) Residential dwellings. a. The residential use is part of a mixed use building with non-residential uses on the ground floor; the non-residential uses on the ground floor may include structured parking, however, structured parking may not occupy the first 30 feet in depth of the ground floor of the primary street frontage. b. The building design and placement provide a desirable residential environment. c. Access to open space, plazas, and pedestrian ways is provided. d. The housing is located above the ground floor. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 25 e. The total number of units provided on an individual parcel does not exceed eight units. (21) Service, less than 7,500 square feet. a. In-vehicle sales and services are prohibited. (22) Studio. a. Not permitted in a building with residential uses. (23) Utility substation. a. No structure shall be located within 25 feet of any property line. b. No structures shall be located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. c. No impact noise shall be audible from any property located in an R district. (24) Vendor market. a. In-vehicle sales or services prohibited. b. Not permitted in a building with residential uses. c. In multi-tenant buildings, noise shall be contained within that space dedicated to the place of vendor/food hall. No noise shall be audible within common areas or in adjacent units. d. In multi-tenant buildings, the vendor market shall have a separate entrance or shall have an interior entrance that is within 50 feet of a common building entrance. (e) Uses permitted by conditional use permit (CUP). No structure or land in the MX-2 district shall be used for the following uses except by conditional use permit: (1) Communication towers more than 45 feet in height but not to exceed 70 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). (2) Educational (academic). a. Pickup/drop-off areas shall not conflict with other on-site or abutting land uses and shall not create congestion on public streets. Buses shall not be permitted to use an alley for pickup and drop-off of students. b. The size of the school shall be limited to 20 students. c. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. (3) Places of assembly with or without intoxicating liquor. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 26 a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Not permitted in a building with residential uses. c. Seating capacity shall be limited to 150 persons. d. Parking shall meet zoning code requirements, unless it is a religious or other institution that requires walking because of a religious tenet or other rule, then one space per every eight seats shall be required. e. In multi-tenant buildings, noise shall be contained within that space dedicated to the place of assembly use. No noise shall be audible within common areas or in adjacent units. f. In multi-tenant buildings, the place of assembly shall have a separate entrance or shall have an interior entrance that is within 50 feet of a common building entrance. (4) Residential dwellings. a. The residential use is part of a mixed-use building with non-residential uses on the ground floor; the non-residential uses on the ground floor may include structured parking, however, structured parking may not occupy the first 30 feet in depth of the ground floor of the primary street frontage. b. The building design and placement provide a desirable residential environment. c. Access to off-site parks, open space, plazas and pedestrianways is provided. d. The housing is located above the ground floor. e. The total number of units provided on an individual parcel does not exceed a density of 30 units per acre. f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located, and conditions of approval may be added as a means of satisfying this requirement. g. Ground floor multi-family dwellings in existence on December 11, 2020 shall be considered a conforming use. (f) Accessory uses. The following uses shall be permitted accessory uses in the MX-2 district when meeting the standards below: (1) Catering if accessory to a restaurant, food service, delicatessen, grocery store or retail bakery. (2) Food service where food service is an accessory use to other uses). (3) Home occupations. a. All material or equipment shall be stored within an enclosed structure. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 27 b. Operation of the home occupation is not apparent from the public right-of-way. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site. d. No light or vibration originating from the business operation is discernible at the property line, or adjacent dwelling unit. e. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. f. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. g. No portion of the home occupation is permitted within any attached or detached accessory building. h. The structure housing the home occupation conforms to the building code. If there are any customers or students coming to the site, then the home occupation has received a certificate of occupancy for the business. (4) Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 40 percent of the gross floor area or 40 percent of the labor hours required to conduct the principal permitted use. (5) Outdoor seating and service of food and beverages. a. The use shall not be located in the interior side or back yard if the use is adjacent to a parcel that is occupied by a residential dwelling. This provision will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential dwelling or if a residential dwelling is located above the principal use. b. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a parcel that is zoned residential and used for residential. c. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a parcel that is zoned residential and used for residential. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (6) Parking lots. (7) Parking ramps. a. Parking ramps shall be located only behind the rear of the building. b. Parking ramps located on the secondary street frontage shall have principal uses on the ground floor. c. Parking ramps shall meet the façade requirements for the principal building. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 28 d. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used for residential may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward away from said parcel at a slope of five horizontal feet for each vertical foot. e. The minimum yard requirement for any parking ramp located within 200 feet of a parcel that is zoned residential and used for residential shall be 50 feet. f. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. g. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used for residential, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. h. The parking ramp shall be screened from view from any abutting property located within an R district. The screening shall include a six foot berm if the parking ramp is above ground. i. A minimum of 40% of the street level frontage of a parking ramp located adjacent to a street designated as a collector or arterial in the Comprehensive Plan shall be dedicated to non-parking uses. j. Parking ramp shall be designed so that vehicles are not visible from the sidewalk and the only openings at street level are those to accommodate vehicle ingress and egress. k. Snow storage areas shall not be located in the front yard or side yard abutting a street. (8) Building interior parking. Parking is permitted fully in any basement and within the building, except on the primary street frontage. Interior parking shall meet the façade requirements of the building. Entrances to the interior parking are permitted from the rear or side building facades only, unless otherwise noted per the street frontage type. (9) Warehouse/storage provided that the storage does not occupy more than 40 percent of the gross floor area of the site. No warehouse/storage area shall exceed 20,000 square feet. (g) Dimensional standards. (1) Buildings shall be constructed to meet the form requirements of each applicable street frontage type in Table 36-264(f)(1). DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 29 Table 36-264(f)(1) Primary Street Frontage Secondary Street Frontage BUILDING SITING Minimum Lot Line Coverage 80% a 50% a Build-to Zone 10’ to 15’b 10’ to 20’b Maximum Building Length 130’ HEIGHT Minimum Height 2 stories 2 stories Maximum Height 3 stories Ground Story Height 14’ to 18’c All Other Stories Height 10’ to 15’ a Minimum Lot Line Coverage, the following exceptions may apply:  Courtyards. A courtyard up to 35% of the width of the front facade is permitted and may contribute to the minimum lot line coverage.  Driveways. When a driveway is located on a primary street frontage and side yard parking is not utilized, a driveway width of 22’ may be deducted from the width of the build-to zone and is not included in the calculation of the minimum lot line coverage. b Build-to Zone:  Minimum is 10’ or the smallest setback of the existing buildings on the block front, whichever is greater.  Encroachments. Awnings and signage are permitted to encroach beyond the build-to zone, towards the lot line.  Intersection of two build-to zones. o All buildings located on corner lots shall be built to the corner of the build-to zone unless otherwise stated. o The corner is defined as the intersection of the two build-to zones. Courtyards, per definition, cannot be located in this area. c Tall stories: 18’ or more in floor-to-floor ground story height counts as two stories toward maximum building height. (2) Side and Rear Yards: a. Buildings with side or rear property lines adjacent to R-1 or R-2 zoned and used districts shall have a minimum side yard of 10 feet and rear yard of 15 feet. b. Accessory parking structures shall have minimum side yard and rear yard setbacks of 15 feet. (h) Special provisions. (1) Generally. The design of lots and uses in the MX-2 district that fall within the Historic Walker Lake area should substantially conform with the guidelines established in the Historic Walker Lake Area Design Guidelines, adopted by the City Council on December 11, 2020. (2) Off-Street Parking Areas. Specific standards for the neighborhood mixed use district established in Sec. 36-362 shall apply. (3) Sign Regulations. The standards established in Sec. 36-363 shall apply, with the following additional standards: DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 30 a. Signage shall be allowed with the following conditions: 1. Pylon signs are prohibited. 2. Freestanding monument signs are prohibited. 3. Pedestrian scale signs visible from public sidewalks shall be encouraged. Such signs shall be no more than three feet in vertical dimension unless flush with the building wall. (4) Outdoor Lighting. The standards established in Sec. 36-364 shall apply. (5) Landscaping. The standards established in Sec. 36-365 shall apply. (6) Architectural Design. The standards established in Sec. 36-366 shall apply, with the following additional standards: a. Façade Transparency 1. Each upper story façade shall have a minimum transparency of 20% for primary and secondary street frontages. b. Building Entrances 1. The principal entrance to the building shall be required on the primary street frontage of the building. 2. Each street entrance shall be within 30” of adjacent street sidewalk average grade. Section 3. Sections of Chapter 36 of the St. Louis Park City Code are hereby amended by adding underscored text and deleting strikethrough text. Section breaks are represented by ***. Sec. 36-4. Definitions. *** Shopping Center means a group of commercial uses planned, owned and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. This use includes vendor markets. *** Sec. 36-82(b)(7) Authorized temporary uses *** (7) Same--Up to six months. The sale of agricultural commodities, including seasonal farmers' markets, greenhouses, and gardening supplies, which are offered for sale directly from the grower/ producer, shall be allowed as a temporary use provided the following standards are satisfied: a. A site plan must be submitted to the city. b. The temporary use shall be located in the C-1 district, C-2 district, M-X district, PUD C, MX, and PUD districts district, in a public park or closed right-of-way as approved by the city. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 31 *** Sec. 36-111 Use districts established *** (4) Office district. O office district, see section 36-223. (5) Business Park district. BP business park district, see section 36-231. (5)(6) Industrial districts. a. I-P industrial park district, see section 36-243. b. I-G general industrial district, see section 36-244. (6)(7) Mixed use districts. M-X mixed use district, see sections 36-261 through 36-266. a. MX-1 vertical mixed use district, see section 36-264. b. MX-2 neighborhood mixed use district, see section 36-265 (7)(8) Planned Unit Development (PUD) District, See Section 36-32. *** TABLE 36-115D Open Space Requirements TABLE 36-115D OPEN SPACE REQUIREMENTS Zoning District Single Family Cluster Housing Multi- Family Elderly Housing Nursing Home Group Home R1-Single Family Residential 600/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R2-Single Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R3-Two-Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R4-Multi-Family Residential 400/OLA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA RC-Multi-Family Residential NA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA C1-Neighborhood Commercial NA NA 12% DORA 12% DORA NA NA C2-General Commercial NA NA 12% DORA 12% DORA NA NA O-Office NA NA 12% DORA 12% DORA NA NA MX-1 Vertical Mixed Use NA NA 12% DORA 12% DORA NA 12% DORA NA 12% DORA Reductions may be allowed via the PUD process, if the development meets certain criteria. OLA = Open Lot Area DORA = Designed Outdoor Recreation Area DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 32 Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. *** (c) Required quantity. Parking space requirements are established in Table 36-361(a) and (b). For uses not listed, the off- street parking requirements shall be established by the Zoning Administrator based upon the characteristics and functional similarities between uses including, but not limited to: the size of building, type of use, number of employees, expected volume and turnover of customer traffic, and expected frequency and number of delivery or service vehicles. For structures containing multiple uses, each shall be calculated separately. The requirements may be revised upward or downward by the City Council as part of an application for a Conditional Use Permit or Planned Unit Development based on verifiable information pertaining to parking. (1) Required parking spaces must be located on the same lot as the principal use, unless shared parking or off-site parking is approved for the use. (2) The number provided for required parking spaces shall be the minimum requirement listed in Table 36-361(a), except where otherwise noted. Parking space requirements are as follows: (3) Historic Walker Lake District. The boundary of the Historic Walker Lake district is illustrated in Figure A. The parking minimum and maximum requirements in Table 36-361(b) are applicable to the Historic Walker Lake District MX-2 district instead of those listed in Table 36-361(a) in the following manner: a. All new structures or the expansion of an existing structure located in the Historic Walker Lake District MX-2 district shall be subject to the minimum and maximum parking requirements specified in Table 36-361(b). b. Structures on January 10, 2020 are not subject to the minimum and maximum parking requirements specified in Table 36-361(a) or Table 36-361(b). However, the number of parking spaces that exist on the property cannot be reduced unless the parking spaces are relocated to another property in accordance with the shared parking requirements located within this section. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 33 Figure A Sec. 36-361(l) Design Requirements *** (10) Yards. Required parking areas shall be subject to the following requirements: a. In the R-4 and R-C districts, parking areas shall be subject to the requirements for front yards and side yards abutting a street. b. In the C-2, O, I-P and I-G districts, parking areas shall be permitted in the front yard and side yards abutting a street, provided that the yard shall not be reduced to less than five feet. (Ord. No. 2466-15, 5-18-2015) c. In the C-1 district and MX districts: i. Parking spaces and drive aisles shall not be located between a building and a street, except that a through lot may have parking between the building and less prominent street, as determined by the Zoning Administrator. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 34 ii. The minimum yard requirement for parking spaces and drive aisles shall be zero (0.0) when located adjacent to a non-residential district. iii. The minimum yard requirement for parking spaces and drive aisles shall be eight feet when abutting a residentially zoned property. iv. The minimum yard requirement for parking spaces shall be five feet when adjacent to a street. Sec. 36-362(f) General provisions *** (2) Required yards. Sign shall maintain a 10 foot minimum yard to property line unless exempted below: a. In the C-1, C-2, BP, and M-X MX-1 and MX-2 districts the required yard for any sign less than 200 square feet in sign area shall be 5 feet. b. In the C-1, C-2 and M-X districts MX-1 and MX-2 districts, a blade sign may project into the required front yard if the sign meets the following requirements: *** Table 36-362A Sign Area and Height TABLE 36-362A SIGN AREA AND HEIGHT Use District &Lot Size (sq ft) Maximum Sign Height (feet) PERMANENT SIGNAGE TEMPORARY SIGNAGE REAL ESTATE SIGNAGE Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) Maximum Total Area (sq ft) Maximum Total Area (sq ft) R-1 6 2 2 6 6 R-2 6 2 2 6 6 R-3 0-15,000 6 2 2 6 6 Over 15,000 6 25 25 25 60 R-4 0-30,000 10 40 40 25 80 Over 30,000 10 60 60 25 80 R-C 0 - 30,000 15 60 40 25 80 Over 30,000 15 100 60 25 80 C-1 0 -10,000 25 100 75 80 80 10,000 - 20,000 25 150 100 80 80 Over 20,000 25 200 150 80 80 DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 35 Use District &Lot Size (sq ft) Maximum Sign Height (feet) PERMANENT SIGNAGE TEMPORARY SIGNAGE REAL ESTATE SIGNAGE Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) Maximum Total Area (sq ft) Maximum Total Area (sq ft) C-2/M-X MX-1/MX-2 0 -10,000 25 100 75 80 80 10,000 - 20,000 25 200 100 80 80 20,000 - 50,000 25 250 150 80 80 50,000 - 200,000 25 300 150 80 80 Over 200,000 25 400 300 80 80 O 0 - 20,000 25 100 100 80 80 20,000 - 50,000 25 200 100 80 80 50,000 - 100,000 25 300 150 80 80 Over 100,000 25 500 300 80 80 I-P /I-G/ BP 0 - 20,000 25 100 75 80 80 20,000 - 50,000 25 200 100 80 80 50,000 – 100,000 25 250 150 80 80 100,000– 200,000 25 300 300 80 80 Over 200,000 25 400 300 80 80 POS 0-30 acres 15 80 60 80 0 Over 30 acres 25 450 150 80 0 *** Sec. 36-362(g) Adjustments to table *** (4) In the C-1, C-2, O, BP, M-X, MX-1, MX-2, PUD, I-G and I-P districts, the total area of all wall signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: a. The building shall be a shopping center, a building containing multiple tenants, or a single-tenant building located on a single lot with other principal buildings and is part of an approved CUP or planned unit development. b. The tenants are located on the ground floor of the building and have a direct and primary access to the outside of the building. c. The sign area of all wall, blade, canopy, or awning signs permitted by this section shall not exceed seven percent of the exterior wall area of the space occupied by the tenant. d. The sign is located on the exterior wall of the space occupied by the tenant from which the seven percent sign area was derived. DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C Ordinance No. 2598-20 36 e. No individual wall sign shall exceed 150 square feet in area, except in the C-1, MX-1 and MX-2 and M-X districts where the maximum area of any individual sign shall not exceed 100 square feet. *** Sec. 36-362(h) Special provisions *** (4) Decorative banners. Decorative banners are allowed in the R-C, C-2, and O and M-X districts and are regulated as follows: *** Sec. 36- 366 (b) Standards *** (6). All developments shall consider the effect of sun angles and shade patterns on other principal buildings. All new multiple-family and nonresidential buildings and additions thereto shall be located so that the structure does not cast a shadow that covers more than 50 percent of another principal building wall for a period greater than two hours between 9:00 a.m. and 3:00 p.m. for more than 60 days of the year. This section will not prohibit shading of buildings in an industrial use district, mixed-use district two or more buildings on the same lot in the a MXixed Use zoning district, or as approved for buildings covered by the same PUD, CUP, or Special Permit. Shading of existing public spaces and outdoor employee break areas shall be minimized to the extent reasonable and possible. *** Section 4. This ordinance shall take effect (Dec. 11, 2020) Reviewed for administration: Adopted by the City Council Nov. 16, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading Nov. 2, 2020 Second reading Nov. 16, 2020 Date of publication Nov. 26, 2020 Date ordinance takes effect Dec. 11, 2020 DocuSign Envelope ID: D095ADA2-87EF-42EF-A44B-A6030224EB2C