Bell City Zoning Code
CHAPTER 17
49 MIXED-USE OVERLAY ZONE
§ 17.49.010 Created.
There is created, as an overlay zone, the mixed-use overlay zone. Properties shall be classified in the overlay zone in the same manner as property is reclassified from one zone classification to another in the manner set forth in Chapter 17.104 of this code. When property has been classified in the mixed-use overlay zone, it shall be designated upon the official zoning map of the city adopted pursuant to Section 17.12.020 of this code, by adding thereto the parenthetically enclosed letters "MUOZ" after the zoning symbol which indicates the zone in which the property to which it relates is classified pursuant to this code.
(Ord. 1254 § 1, 2020)
§ 17.49.020 Limitation on applicability of overlay zone.
The overlay zone as created by this chapter shall be applied only to those lots from 7020-7030 Atlantic Avenue that are currently zoned C-3.
(Ord. 1254 § 1, 2020)
§ 17.49.030 Purpose.
The purpose of the adoption of the provisions of this chapter is to provide, as to properties, which are classified in the overlay zone:
A.
A reasonably flexible path for development which will provide for development of the impacted properties, in a manner consistent with the city's general plan and the provisions of this title; and
B.
A mechanism to ensure the maintenance of desirable environmental features after development of such property; and
C.
For the utilization of innovative land planning devices and building design in order to achieve high quality residential and commercial projects.
(Ord. 1254 § 1, 2020)
§ 17.49.040 Permitted uses.
Uses which shall be permitted by right on any MUOZ property, subject to an administrative site plan review, shall be limited to the following uses: (1) multiple-family residential (up to 30 dwelling units per acre) above the first floor; and (2) neighborhood serving commercial uses on the first floor, subject to the review and approval of the director of community development.
(Ord. 1254 § 1, 2020)
§ 17.49.050 Multiple-family residential development standards.
Only the principal and accessory uses set forth in this section, shall be permitted uses. No person shall use, nor shall any person permit the use of, mixed-use overlay zoned lot for any use except the following principal and accessory uses:
A.
Principal Use. Multiple-family dwelling units above the first floor, up to 30 dwelling units per acre.
B.
Accessory Uses. The following accessory uses, and no others, shall be permitted on all such zoned property:
2.
Domestic animals may be kept in residential zones as permitted by Bell Municipal Code Section 6.04.010.
3.
Home occupations, provided that there is:
a.
No display or storage of goods, wares, merchandise, or stock in trade maintained on the premises, and
b.
No one, other than one person residing on the lot where the home occupation is located, shall be regularly employed in such occupation, and
c.
No equipment used in conjunction with such occupation, which emits dust, fumes, noise, odor, etc., which would or could interfere with the peaceful use and enjoyment of adjacent properties, and
d.
Not more than 200 square feet of the floor space of the dwelling is devoted to such use, and
e.
No appreciable increase of traffic, pedestrian and vehicular, by reason of such occupation, and
f.
No alteration of the structure, nor the use of any signs not otherwise permitted in the zone in which the occupation is located.
C.
Private Open Space. Each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of a balcony at a minimum area of 150 square feet per unit.
(Ord. 1254 § 1, 2020)
§ 17.49.060 Limitations on residential uses.
The following regulations shall be limitations on, and be applicable to, all uses on mixed-use overlay zoned lots.
A.
Dismantling or Storage of Vehicles Prohibited.
1. "Disassemble" "Dismantle" "Inoperable vehicle" "Park" "Repair" "Store" "Vehicle"
Definitions. The following words, for the purpose of this subsection, shall be defined as follows: "Disabled vehicle" means a vehicle which is not operable, by reason of the removal of, or damage to integral component parts.
means the same as dismantle.
means the removal or stripping of one or more component parts from a vehicle.
means a vehicle that cannot be operated on a public street either because of noncompliance with the California Vehicle Code or the mechanical condition of the vehicle is such as to render it unsafe.
means the standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers.
means the work necessary to restore a vehicle to a usable condition.
means to keep or locate for future use.
means and includes motorcycle, motor-driven cycle, motor truck, recreational vehicle, station wagon, truck, tractor and vehicle, as these phrases are defined in the Vehicle Code of the State of California, and all similar types of vehicles.
2.
Parking of Vehicles. No person shall park any vehicle for any purpose, in any area, on any mixeduse overlay zoned lot, other than in a legally established parking facility or driveway leading to such parking facility.
3.
Storage of Inoperable Vehicles Prohibited. No person shall store any inoperable vehicle or component thereof on any mixed-use overlay zone.
4.
Repair, Dismantling of Vehicles, Prohibited. No person shall assemble, repair, dismantle or store any vehicle, other than as provided in this section, on any part of any mixed-use overlay zoned lot.
5.
Exception. Provided, that the prohibition imposed by subdivision 4 of this subsection shall not be deemed to apply to the occasional and incidental repair of vehicles owned or leased by the person in possession of the lot on which such work takes place; provided that a disabled vehicle which is being repaired or assembled shall not be stored for a period longer than seven consecutive days within any 30 day period.
C.
Exterior Lighting. All exterior lighting operated or maintained in conjunction with any activity or purpose on any mixed-use overlay zoned lot shall be arranged so as to reflect the light away from any other property.
D.
Commercial Vehicles. No person shall park or store any commercial vehicle, as that phrase is described in the Vehicle Code of the State of California in any mixed-use overlay zone.
(Ord. 1254 § 1, 2020)
§ 17.49.070 Mixed-use overlay zone development standards.
The use of each mixed-use overlay zoned lot shall comply with all of the following development standards:
A.
Minimum Lot Area. The minimum lot area of a mixed-use overlay zoned lot created after December 31, 1989, shall be 7,200 square feet.
B.
Minimum Lot Width.
C.
Lot Area per Dwelling Unit. One unit may be located upon a mixed-use overlay zoned lot for each 1,452 square feet of lot area of such lot.
D.
Building Bulk. Buildings, including accessory buildings and structures, may cover all of the area of any lot in the mixed-use overlay zone, except for required yard areas, and areas required for off-street parking.
E.
Building Height. No primary building or structure located on a mixed-use overlay zoned lot shall exceed a height of four stories or 45 feet.
F.
Minimum Setbacks. Each lot in the mixed-use overlay zone shall maintain front, side and rear yards in conformance with the following requirements:
1.
Front Yard Setback. Each lot in the mixed-use overlay zone shall maintain a front yard setback area of not less than 15 feet in depth, or a depth equal to that of the average front setback of the properties along the same side of the block whichever depth is the lesser.
2.
Side Yard Setback.
a.
Interior Lots. A mixed-use overlay zoned interior lot shall have and maintain a side yard setback area having a minimum width of five feet.
b.
Corner Lots. Each mixed-use overlay zoned corner lot shall maintain the following side yard setback:
c.
Reverse Corner Lots. Each mixed-use overlay zoned reverse corner lot shall have and maintain the following side yard setback:
3.
Rear Yard Setback. Each mixed-use overlay zoned lot shall have a rear yard setback at least 10 feet in depth.
(Ord. 1254 § 1, 2020)
§ 17.49.080 Definition of neighborhood serving commercial uses.
A.
Neighborhood serving commercial uses consist of retail commercial, small professional offices, personal services, food stores, eating and drinking establishments, telecommunications centers, small cultural facilities (generally, 5,000 square feet or less), and similar uses that serve the daily needs of the adjacent neighborhood, as determined by the community development director. Such uses are limited to the first floor. The decision of the community development director may be appealed in accordance with Chapter 2.100 of the Bell Municipal Code.
B.
Temporary Use Permits. Commercial premises in the mixed-use overlay zone may be utilized for activities for which a temporary use permit is required.
C.
All neighborhood serving commercial uses shall be conducted within a completely enclosed building.
(Ord. 1254 § 1, 2020)