(1)

The regulations set forth in this chapter, or set forth elsewhere in this part when referred to in this chapter, are the regulations in the Industrial Mixed Use District (I-MIX).

(2)

No property shall be rezoned to this district from any other district except C-3, C-4, C-5, O-I, MRC-3, I-1, and I-2.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

The intent of this chapter in establishing the Industrial Mixed Use District is as follows:

(1)

To permit a mix of industrial and non-industrial uses in areas previously used for industrial, high density commercial, high density mixed-use, or office institutional purposes, and consistent with the comprehensive development plan.

(2)

To permit the use of this district only in areas authorized for such use by the comprehensive development plan.

(3)

To accommodate residential and non-residential growth without the losing land zoned for industrial uses in the process.

(4)

To promote the growth of both large and small businesses.

(5)

To ensure that industrial and non-industrial uses in the same development are compatible and planned in a unified manner.

(6)

To ensure that development in this district is compatible with adjacent districts in terms of operation, scale, and design.

(7)

To promote development patterns that encourage walking, bicycling, and transit use.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

Rezoning pre-application:

(a)

In addition to the current rezoning procedures, any applications for rezoning to this district shall begin with a pre-application consultation between the applicant and the director of the office of zoning and development.

(b)

At the required pre-application meeting applicants shall submit materials necessary to establish conformance with the concurrency requirements of section 16-16A.008(1). These may include, but are not limited to, a site plan showing:

i.

Building footprint, heights, and areas dedicated to required industrial uses;

ii.

Total floor area of industrial and non-industrial uses and floor area ratios; and

iii.

Other items deemed necessary by the director of the office of zoning and development to establish conformance with the requirements of this chapter.

(2)

Special administrative permit requirements:

(a)

A special administrative permit (SAP) application shall be submitted and approved by the director of the office of zoning and development, under the requirements specified in section 16-25.004, prior to the issuance of a building permit. The application shall include:

i.

The specified number of copies of a "Master Plan Document," which shall include: a conceptual site plan; total floor area and location of industrial uses, other non-residential uses, and residential units; open space required and provided; parking; and phasing. The director shall review the "Master Plan Document" for conformance with section 16-16A.002 Statement of Intent, section 16-16A.003 Procedures, and other requirements of this chapter.

ii.

The specified number of copies of each site plan, landscape plan, and elevation drawings of each exterior façade shall be submitted as applicable, and all exterior demolition, new construction (including additions to existing buildings), expansions of outdoor dining or any construction which results in increased lot coverage, modification of the building footprint, or modification of building façades that alters the configuration of openings, shall subject said site plan and building elevation approval as part of the SAP. Any interior renovations or other exterior repair that result in no modifications shall not require SAP approval.

(b)

Any changes to an approved "Master Plan Document" shall be processed and reviewed as an amendment to the original SAP.

(c)

Where regulations require special exception or special use permit action, the SAP for building permit purposes shall not be issued until the necessary approval has been obtained for a special exception or special use permit.

(3)

Provisions for administrative variations from regulations:

(a)

As part of general action when plans require approval of an SAP, the director of the office of zoning and development may authorize variations from regulations generally applying based on written findings that either:

i.

A plan proposed by an applicant, while not strictly in accord with regulations applying generally within the district, satisfies the public purposes and intent, and provides public protection to an equivalent or greater degree; or

ii.

In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of public purposes or the provision of public protection, at the time or in the future.

(b)

Notation concerning the existence of such variation shall be made by written findings of SAP approval to be filed in the office of zoning and development as public record. Variances and special exceptions shall be required from the board of zoning adjustment in cases such as minimum yards (not adjacent to a public street), minimum transitional yards, transitional height planes, minimum open spaces, maximum building height, maximum fence height, minimum parking and loading requirements, and signage limitations.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

Industrial uses required:

(a)

All sites, except lots of record under one acre in size, shall incorporate industrial uses such that the total minimum combined floor area of all industrial uses on the site is equal to the lesser of:

i.

Thirty percent of the total floor area on the site; or

ii.

Three-tenths times net lot area.

(b)

Any floor area that is not used for industrial uses may be used for either exclusively residential uses, or exclusively non-residential uses, or any combination of the two.

(c)

Areas not otherwise defined as floor area by this Zoning Ordinance, such as parking or exterior spaces, shall not be counted towards this requirement or the concurrency requirements of section 16A-16.008(1).

(2)

Industrial uses: A building or premises shall be used for the following industrial uses and structures:

(a)

Catering establishments.

(b)

Microbrewery, microdistillery, or winery, all of which may include an accessory biergarten.

(c)

Commercial greenhouses or plant nursery.

(d)

Distributions centers.

(e)

Laboratories and research facilities where the character of operations, emissions by-products does not create adverse effects beyond the boundaries of the facility.

(f)

Manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, products, clothing, machines and appliances and the like, where the character of operations, emissions and by-products do not create adverse effects beyond the boundaries of the facility. Use of heavy drop hammers, punch presses or other machinery; or processing methods creating excessive noise or vibration is prohibited in this district. All such uses may include accessory offices, retail, or eating and drinking establishments when located in the same tenant space and the total floor of when such accessory uses does not exceed 50 percent of the tenant space floor area.

(g)

Printing and publishing operations.

(h)

Tailoring, custom dressmaking, millinery and similar establishments.

(i)

Technical schools.

(j)

Training facilities related to other permitted uses.

(k)

Veterinary clinics and kennels.

(l)

Warehousing and storage, when auxiliary to other permitted uses within the development and specifically excluding self-storage facilities, which shall be prohibited.

(m)

Showroom, which means a facility used to display products for sale, such as furniture, appliances, kitchens, carpet, home furnishings, or apparel to business representatives for resale, rather than to the general public for direct consumption, and that may include storage of goods for sale.

(n)

Conversion of existing buildings which are 50 years of age or older to other non-residential uses (see section 16-16A.004(3)) or residential uses (see section 16-16A.004(4)).

(3)

Other non-residential uses: A building or premises shall be used for the following non-industrial non-residential uses and structure:

(a)

Banks, savings and loan associations, and similar financial institutions.

(b)

Business or commercial schools.

(c)

Business service establishments, including those providing duplicating, printing, maintenance, communications, addressing, mailing, bookkeeping, or guard services.

(d)

Child care centers, kindergartens, and special schools.

(e)

Places of worship.

(f)

Commercial recreation establishments, including bowling alleys, theaters, convention halls, places of assembly, and similar uses, with primary activities conducted within fully enclosed buildings. Pool halls, billiard parlors, amusement arcades and game rooms.

(g)

Eating and drinking establishments, including those licensed for the on-premises consumption of malt beverages, wine and/or distilled spirits.

(h)

Hotels.

(i)

Laundry and dry-cleaning collection stations, laundry and dry-cleaning establishments where customers operate equipment.

(j)

Market gardens and urban gardens.

(k)

Museums, galleries, auditoriums, libraries and similar cultural facilities.

(l)

Offices, clinics (including veterinary), studios, and computer, data analysis. Data centers are excluded from this use in this district.

(m)

Parking decks.

(n)

Pet grooming and care, overnight boarding of pets is prohibited.

(o)

Professional or personal service establishments.

(p)

Retail establishments not exceeding 30,000 square feet in floor area.

(q)

Structures and uses required for operation of MARTA or a public utility, including uses involving extensive storage and railway rights-of-way and yards.

(r)

Small discount variety stores, provided that no small discount variety store may be located within 5,280 feet of another small discount variety store.

(s)

Delivery-based commercial kitchen.

(t)

Data centers, except where any part of the property is within 2,640 feet of a high-capacity transit stop, as referenced in City Code Section 16-28.014(14).

(4)

Residential uses: A building or premises shall be used for the following non-industrial residential uses and structures:

(a)

Single-family or two-family dwellings.

(b)

Multifamily dwellings.

(c)

Supportive housing.

(d)

Short-term rentals, subject to the regulations in Atlanta City Code section 20-1001.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2019-66(19-O-1504), § 7, 12-11-19; Ord. No. 2020-47(20-O-1040), § 1, 9-17-20; Ord. No. 2021-60(21-O-0682), § 21, 12-15-21; Ord. No. 2023-01(22-O-1209), § 7a, 1-26-23; Ord. No. 2024-36(24-O-1222), § 2, 9-4-24)

Permitted within this district shall include those customarily accessory and clearly incidental to permitted principal uses and structures and specifically include:

(1)

Clubhouses, pools, and other recreation amenities, and parking to serve authorized residential and nonresidential uses.

(2)

Devices for the generation of energy such as solar panels, wind generators and similar devices including electric vehicle charging stations equipped with Level 1 Level 2 and/or DC Fast Charge EVSE.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

The following uses are permissible only by special permits of the kinds indicated, subject to limitations and requirements set forth herein or elsewhere in this part:

(1)

Special use permits.

(a)

Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas or outdoor areas for religious ceremonies of 90 days' or more duration.

(b)

Single-room occupancy residences (SROs).

(c)

Roominghouses.

(d)

Shelters.

(2)

Special administrative permits.

(a)

Farmers markets.

(b)

Outdoor amusement enterprises, exhibits, entertainments, meetings, displays or sales areas, or outdoor areas for religious ceremonies of less than 90 days' duration.

(c)

Shared off-street loading arrangements.

(d)

Party house provided that the use shall be prohibited within 150 feet of a property zoned R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, RG, MR or a property used for residential purposes measured from property line to property line.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2020-58(19-O-1393), § 8, 10-28-20)

(1)

Transitional uses: No drive-in facility shall be located within 100 feet of any parcel zoned R-1 through R-G.

(2)

Transitional height planes: Where this district adjoins a district in the R-1 through R-5, R-G 1, R-G 2, MR-1, MR-2, RLC or PD-H classifications without an intervening public street, height within the district shall be limited as follows: No portion of any structure shall protrude through a height limiting plane beginning 35 feet above the buildable area boundary nearest to the common district boundary and extending inward over this district at an angle of 45 degrees.

(3)

Transitional yards:

(a)

Where this district adjoins an R-1 through R-5, R-G, MR, R-LC or PD-H district without an intervening public street, a minimum of 20 feet is required which shall not be used for the purpose of parking, paving, loading, servicing, or any other activity with the exception of private alleys or drives up to ten feet in width. Such yards shall be planted as approved by the city arborist and maintained as a landscaped strip.

(b)

Where this district adjoins an R-LC, R-G, MR, PD-H, NC, or LW district and contains a building, structure, or use located in both zoning districts or allowed in both zoning districts, a transitional yard is not required, provided that the portion of the building, structure, or use within 20 feet of such designations shall only contain principal or accessory uses and structures permitted in such district.

(c)

Screening: In addition to the required transitional yard, a minimum six feet high fence shall be provided when industrial uses adjoin R-1 through R-5, R-LC, R-G, MR, PD-H, NC, or LW an R-district. Such fence shall be maintained in a sightly condition.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

Development shall comply with Table 1 entitled "I-MIX Development Controls Table" and with subsections (1) through (4).

(1)

Concurrency requirement: No occupancy permit shall be issued for any non-industrial use on a lot of record one acre in size or larger until one or more occupancy permits have been issued for permitted industrial uses. Furthermore, the combined floor area of all said industrial uses holding occupancy permits shall equal or exceed 30 percent of the combined floor area of the non-industrial uses holding occupancy permits or 0.3 times net land area, whichever is less.

(2)

Open space requirements:

(a)

Minimum requirement: The minimum required open space shall apply to different uses as set forth in Table 1: I-MIX Development Controls Table.

(b)

Mixed-use developments: In the case of a development that contains any combination of industrial, other nonresidential, or residential uses, the minimum open space requirement shall only be the based on whichever such use has the greatest floor area.

(c)

Open space areas: The following may be used to satisfy open space requirements:

i.

Useable open space;

ii.

New public or private streets required under section 16-16A.008(3);

iii.

Future connectivity required under section 16-16A.008(4);

iv.

Vegetated roofs;

v.

New on-street parking if on-street parking currently does not exist in the public right-of-way adjacent to the development and the new on-street parking is located where there is no existing street lane; and

vi.

Stormwater ponds that manage and control stormwater runoff from multiple buildings or properties, in accordance with the current City of Atlanta Stormwater Design Manual, when said stormwater ponds have been designed by a qualified professional as formal or natural amenities that incorporate additional functions other than stormwater management into their design, including, but not limited to, aesthetic appeal, seating, boardwalks, and similar features. Said stormwater ponds shall not be fenced or enclosed by retaining walls over 30 inches in height.

(3)

Blocks: Developments proposing to contain an entire block face greater than 600 feet in total frontage along an existing public or private street shall incorporate new streets that conform to the following:

(a)

New streets shall create block faces not exceeding 400 feet in length, except when the new block only contains a single industrial use that exceeds 160,000 square feet in floor area.

(b)

Block face length shall be measured from the back of sidewalk clear zones or required supplemental zones.

(c)

New streets used to satisfy this requirement:

i.

May be public or private, but shall function as public streets;

ii.

Shall not be gated;

iii.

Shall connect two other public streets or private streets; and

iv.

Shall be deemed "public or private" for all other purposes identified in this chapter.

(4)

Future connectivity: No development shall be designed to prohibit or obstruct the ability for future vehicle, bicycle, and pedestrian access and connectivity to adjacent lots, including through the use of new public or private streets, except where the director of the office of zoning and development determines that such is impractical due to topographic or other site-specific constraints. This provision shall not be interpreted to prohibit or restrict that which would otherwise be permitted within this district or require inter-parcel rights to be granted to adjacent property owners.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2020-47(20-O-1040), § 2, 9-17-20)

In addition to the provisions of section 16-28.008(7), section 16-28.013 and section 16-28.014, the vehicular parking requirements set forth in Table 2: I-MIX Vehicular Off-Street Parking Requirements shall apply and are further subject to the subsections below:

(1)

Screening: Off-street surface parking lots shall be screened from adjacent public or private streets and sidewalks. Only perpendicular driveway crossings and delineated pedestrian paths shall be allowed through such screening. Screening shall incorporate screen wall extensions, berms, and/or vegetative fences or screening between the parking lot and the sidewalk(s) at a minimum height of 36 inches. The following additional screening controls shall apply:

(a)

Berms and vegetative fence or screening shall have a maximum height of 42 inches.

(b)

Screen wall extensions shall:

i.

Be located predominantly parallel to the adjacent building façade,

ii.

Have a maximum height of 12 feet, and

iii.

Be a minimum of 50 percent open or articulated to avoid blank walls.

(2)

Minimum bicycle parking requirements: Bicycle parking shall be in accordance with section 16-28.014(6).

(3)

Off-street surface parking lots: Off-street surface parking lots shall conform to the following:

(a)

Shall be accessory to a permitted principal use only, provided that parking spaces serving another principal permitted use may use such facility for shared parking during non-normal business hours.

(b)

No portion of any surface parking lots shall be located between a building and the public or private street unless completely screened from said street by another building.

(c)

No portion of any parcel on which a building has been demolished, destroyed, or otherwise removed shall be utilized for an independent primary park-for-hire surface parking lot.

(4)

Office parking standards:

(a)

All office uses shall reserve and designate at least five percent of the employee parking spaces as "Carpool Only." Such spaces shall be as close as the closest vehicle space, not including accessible parking spaces for persons with disabilities.

(b)

All parking structures shall be built to accommodate vanpool access at entry level. The minimum ceiling height for vanpools is eight feet, two inches.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2023-01(22-O-1209), § 7b, 1-26-23)

(1)

The off-street loading requirements for this district are as shown on the table of loading requirements, chapter 28, section 16-28.015.

(2)

A reduction of off-street loading requirements may be approved by the director subject to a shared loading arrangement that avoids conflicting loading demands. Shared loading arrangements may include multiple uses on one or more contiguous lots.

(3)

Delivery-based commercial kitchen: The off-street loading requirements for this use are as shown in table of loading requirements, chapter 28, section 16-28.015, except when the subject property is within 100 feet of a property zoned for any residential use (R-1, R-2, R-3, R-3A, R-4, R-4A, R-4B, Fulton County R-3, R-5, R-G, or R-LC and including PD-H) then at least one off-street loading space is required for each subject property.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2023-01(22-O-1209), § 7c, 1-26-23)

(1)

Sidewalks required: Sidewalks shall be located along all public and private streets as set forth in Table 3: I-MIX Sidewalk Table, and shall consist of two zones: an amenity zone and a walk zone.

(2)

Amenity zone requirements: The amenity zone shall be located immediately adjacent to the curb. Width shall be measured from back (building side) of curb to the walk zone. This zone is reserved for the placement of street trees and street furniture including utility and light poles, public art, waste receptacles, fire hydrants, traffic signs, traffic control boxes, newspaper boxes, transit shelters and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. Such elements, where installed on or abutting a public street, shall be of a type specified by the director in accordance with uniform design standards for placement of such objects in the public right-of-way. No awning or canopy shall encroach into the amenity zone.

(3)

Walk zone requirements: The walk zone shall be located immediately contiguous to the amenity zone and shall be a continuous hardscape for the widths specified in Table 3: I-MIX Sidewalk Table. Said zones shall contain a consistent cross-slope not exceeding two percent. No fixed elements, including pole mounted signage, traffic control boxes or other utility structures, shall be placed above ground in the walk zone for a minimum height of eight feet.

(4)

Paving: All sidewalk paving shall be of a type specified in accordance with uniform design standards for placement of such objects in the public right-of-way. Any existing decorative hardscape treatment of sidewalks, including amenity zone and sidewalk walk zone areas, shall be retained as part of any new development or replaced with materials that match in size, shape, and color.

(5)

Street tree planting requirements: Street trees are required and shall be planted in the ground within the amenity zone and spaced equidistance and on-center between street lights as specified in Table 3: I-MIX Sidewalk Table. All newly planted trees shall be single-stemmed at a minimum of three inches in caliper (measured 36 inches above ground), shall be a minimum of 12 feet in height at the time of planting and shall be limbed up to a minimum height of seven feet. Trees shall be planted with a minimum of 40 square feet of evergreen ground cover such as mondo grass or liriope spicata. All tree plantings, replacement, and removal shall be approved by the city arborist.

(6)

Pedestrian lighting: Decorative pedestrian lights, where installed, shall be placed as specified in Table 3: I-MIX Sidewalk Table and spaced equal distance between required trees along all public or private streets. Where installed, said lights shall be located in the amenity zone. All said lights along public streets shall be of a type as approved by the office of zoning and development and the department of transportation.

(7)

[Abutting R districts:] Where property within the district abuts an R district without an intervening public or private street, the sidewalk area within 20 feet of such districts shall taper when necessary to provide a smooth transition to the existing R districts sidewalk. In the event that the abutting R district has no existing sidewalk, the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the director of the office of zoning and development.

(8)

Site triangle: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility within visibility triangles at public street intersections between the heights of two and one-half feet and eight feet above grade. See section 16-28.008(9), visibility at intersections.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19; Ord. No. 2020-33(20-O-1381), § 15, 6-23-20)

(1)

Supplemental zone general requirements:

(a)

When sidewalk level residential units are provided, the supplemental zone shall be landscaped with the exception of terraces, porches, stoops, and walkways, which may occupy a maximum of two-thirds of the supplemental zone area.

(b)

Terraces, porches, and stoops shall have a maximum finished floor height of 24 inches above finished-grade, unless existing topographical considerations render this requirement unreasonable.

(c)

The supplemental zone shall be no more than 24 inches above the adjacent public sidewalk for a minimum linear distance of 15 feet from the nearest edge of the adjacent public sidewalk unless existing topographical considerations render this requirement unreasonable.

(d)

Any authorized walls surrounding landscaped and grassed areas shall not exceed a maximum height of 24 inches, except retaining walls, which shall not exceed a maximum height of 36 inches unless existing topography requires a retaining wall of greater height.

(e)

Fencing shall be allowed when:

i.

The supplemental zone is located between sidewalk level residential units and the adjacent public or private street; or

ii.

Said fencing is used to separate authorized outdoor dining from the required sidewalk; or

iii.

Said fencing is used to separate industrial uses from adjacent uses and the required sidewalk.

(2)

[Minimum width:] The supplemental zone shall have a minimum width of five feet along public or private arterial or collector streets.

(3)

Supplemental zones 15 feet or less in depth: No balcony shall encroach more than ten feet into any supplemental zone that is 15 feet or less in depth.

(4)

Supplemental zones more than 15 feet in depth: Supplemental zones that are more than 15 feet in depth shall only be used to satisfy open space requirements when the following additional requirements are met:

(a)

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the supplemental zone excluding fountains, pedestrian furniture, public art and similar elements.

(b)

When adjacent nonresidential ground floor uses are provided, shall be visible and accessible from any point along 90 percent of any adjacent sidewalk.

(c)

When adjacent nonresidential ground floor uses are provided, all sides of buildings fronting said zone meet the requirements of section 16-16A.013(5).

(d)

When adjacent residential ground floor uses are provided, shall provide a pedestrian walkway from said space to the adjacent public sidewalk. Said pedestrian walkway shall be perpendicular to the street and shall connect directly to the required sidewalk and shall be uncovered and open to the sky along its entire length.

(5)

Transit stops: Developments of greater than one acre in area and adjacent to existing public transit stops which have no shelters shall provide a shelter within the supplemental zone for a minimum of one such stop. The design and location of such stop shall be approved by the director of the office of zoning and development and the transit authority.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

For purposes of this chapter, "sidewalk-level" shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above the adjacent required sidewalk or less than or equal to five feet below the adjacent required sidewalk.

(2)

Delineation of building floors at the third story above sidewalk level and lower shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

(3)

The primary pedestrian entrance for pedestrians to access all sidewalk level uses and business establishments along a public or private street:

(a)

Shall face and be visible from the public street when located adjacent to such street. When located adjacent to a public or private street that functions as an arterial or collector street, said entrance shall face and be visible from such street.

(b)

Shall be directly accessible and visible from the sidewalk adjacent to such street.

(c)

Shall remain unlocked during business hours for nonresidential uses.

(4)

A street address number shall be located directly above any building entrance, shall be clearly visible from the sidewalk or right-of-way and shall be a minimum of six inches in height.

(5)

Along public or private streets that function as arterial or collector streets, and as otherwise provided by this chapter, building sidewalk levels with street frontage shall only be used for active uses for a minimum depth of 20 feet. For this purpose of this chapter, "active use" means any permitted principal use having interior floor area that is served by plumbing, heating, and electricity. "Active use" specifically excludes parking; digital industry switchboards, relay equipment, and associated power generators; non-residential storage not associated with an industrial use; driveways; and queuing lanes parallel to the adjacent street.

(6)

Fenestration: (For parking deck requirements see section 16-16A.014)

(a)

Industrial uses along arterials or collectors: Street-fronting industrial uses along public or private streets that function as arterial or collector streets shall meet the following sidewalk level requirements:

i.

Fenestration shall be provided for a minimum of 30 percent of the length.

ii.

The length of façade without fenestration or an entrance shall not exceed 75 feet.

(b)

Industrial uses along other streets: Street-fronting industrial uses along other public or private streets shall meet the following sidewalk level requirements:

i.

Fenestration shall be provided for a minimum of 30 percent of the length.

ii.

The length of façade without fenestration or an entrance shall not exceed 75 feet.

(c)

Other non-residential uses along arterials or collectors: Street-fronting non-residential uses along public or private streets that function as arterial or collector streets, with the exception of places of worship and fire stations, shall meet the following sidewalk level requirements:

i.

Fenestration shall be provided for a minimum of 65 percent of the length.

ii.

The length of façade without fenestration or an entrance shall not exceed 20 feet.

(d)

Other non-residential uses along other streets: Street-fronting non-residential uses along other public or private streets, with the exception of places of worship and fire stations, shall meet the following sidewalk level requirements:

i.

Fenestration shall be provided for a minimum of 65 percent of the length.

ii.

The length of façade without fenestration or an entrance shall not exceed 20 feet.

(e)

Residential uses along all streets: Street-fronting residential uses along all public or private streets shall meet the following sidewalk level requirements:

i.

Fenestration shall be provided for a minimum of 30 percent of the length.

ii.

The length of façade without fenestration or an entrance n shall not exceed 20 feet.

(f)

Fenestration standards: Fenestration required by (a) through (e) above shall:

i.

Begin at a point not more than three feet above the sidewalk, to a height no less than eight feet above the sidewalk; or

ii.

Begin at the finished floor elevation to a height no less than eight feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or

iii.

Begin at a point not more than sidewalk level, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

(g)

[Not permitted:] Except for parking decks, fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

(7)

Buildings with residential uses at the sidewalk level shall meet the following:

(a)

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five-feet wide.

(b)

All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.

(c)

Such buildings shall have windows at sidewalk-level on each public or private street frontage façade which are substantially similar in size to the sidewalk level front façade windows.

(8)

Sidewalk arcades: Buildings with nonresidential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:

(a)

Shall provide an at-grade sidewalk surface.

(b)

Arcade supports shall be a maximum width of five feet.

(c)

Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.

(d)

Shall conform to section 16-16A.013(5) adjacent to the arcade.

(9)

Fences and walls: Fences and walls shall meet the following regulations:

(a)

Residential use: The following applies to residential uses:

i.

Fences between the primary building and a public or private street, or between any supplemental zone and the adjacent public or private street, street shall not exceed 42 inches in height.

ii.

Fences in all other locations shall not exceed six feet in height.

(b)

Industrial use: The following applies to industrial uses:

i.

Fences in all locations shall not exceed nine feet in height.

(c)

Other non-residential use fences: The following applies to other non-residential uses:

i.

Fences are prohibited between the building and the required sidewalk, except where specifically authorized elsewhere in this chapter for outdoor dining.

ii.

Fences in all other locations shall not exceed six feet in height.

(d)

All uses:

i.

Retaining walls adjacent to a required sidewalk shall not exceed a height of four feet, and the combined height of an otherwise authorized fence and retaining wall shall not exceed six feet or the maximum allowed fence height, whichever is greater, unless existing topography prohibits retaining walls of a lesser height.

ii.

Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco.

iii.

No walls, except retaining walls, shall be located between a public or private street and any building, with the exception of screening for authorized off-street loading areas.

(10)

Barbed wire and razor wire are prohibited.

(11)

Chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area, or public right-of-way.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

Arterial, collector streets: When located along public or private streets that function as arterial or collector streets, parking structures:

(a)

Shall conform to section 16-16A.013(5); and

(b)

Shall conform to the applicable provisions of section 16-16A.013(6).

(2)

Other streets: When located along all other public or private streets, parking structures:

(a)

Shall conform to section 16-16A.013(5); or

(b)

Shall conform to section 16-16A.013(6); or

(c)

Shall provide a continuous minimum five feet wide landscaped strip between the structure and the required sidewalk, except at ingress and egress points into the structure. The landscaped strip shall be planted with street trees spaced a maximum distance of 20 feet on center, which shall also meet the tree requirements in section 16-16A.011(5). The landscape strip shall also be planted with evergreen ground cover such as mondo grass, liriope spicata, ivy or evergreen shrubs with a maximum mature height of 24 inches. All plantings, planting replacement and planting removal shall be approved by the city arborist.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor dining area, public sidewalk or public right-of-way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls six feet in height.

(2)

Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.

(3)

Building mechanical and accessory features:

(a)

Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.

(b)

For new construction, when located on rooftops shall be incorporated into the design of the building and screened with building materials similar to the building.

(c)

Shall not be permitted between the building and any public street.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)

(1)

Signs in the I-MIX district shall conform to the requirements of the C-2 (Commercial Service) District set forth in section 16-28A.010(41), Sign Ordinance and amended below.

(2)

Each site included in a "Master Plan Document" shall be permitted one additional freestanding sign or additional one shopping center sign for every 500 feet of frontage that the site has along a public street. Said signs shall be placed at least 400 feet a part.

(Ord. No. 2019-11(18-O-1707), § 1(Exh. A), 1-31-19)