Charlotte City Zoning Code
ARTICLE XXIV
NEIGHBORHOOD COMMERCIAL MX-1 MIXED-USE OVERLAY DISTRICT
§ 82-510 MIXED-USE OVERLAY DISTRICT.
The overlay district, designated MX-1 Mixed-Use Overlay District, is hereby established.
(Ord. 2014-06, passed 10-13-2014)
§ 82-511 PURPOSE AND OBJECTIVES.
The purpose of the MX-1 Mixed-Use Overlay District is to:
(A) Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space, while allowing that single uses in these buildings are permissible due to market conditions;
(B) Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets;
(C) Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction; and
(D) Encourage the reuse and redevelopment of older and historic structures, recognizing that amendments to this subchapter may be necessary from time to time to accommodate this purpose.
(Ord. 2014-06, passed 10-13-2014)
§ 82-512 DEFINITIONS.
As used in this subchapter, the following words and terms shall have the meanings specified herein:
FLOOR AREA RATIO. The ratio of a building's gross floor area to the area of the lot on which the building is located.
GROSS FLOOR AREA. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. GROSS FLOOR AREA does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.
MIXED-USE BUILDING. A building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.
(Ord. 2014-06, passed 10-13-2014)
§ 82-513 APPLICATION TO NONRESIDENTIAL DISTRICTS.
The MX-1 Mixed Use Overlay District is a zoning classification which permits owners of property within any zone other than R-1 One Family Residential and R-2 One Family Residential zones to petition City Council to establish an overlay district, and the district use regulations as set forth herein, on their property. Upon the filing of such petition, the petition shall be treated as a request for a zoning change and shall proceed under the Zoning Code in the same manner as a zoning classification change.
(Ord. 2014-06, passed 10-13-2014; Ord. 2016-03, passed 3-14-2016)
§ 82-514 USES.
(A) Uses within the MX-1 Mixed-Use Overlay District. Uses shall be permitted in accordance with the use table set forth herein. Where indicated under column P, the use shall be permitted as of right. Where the use is indicated under column C, the use shall be conditioned upon approval of the Planning Commission, which conditions and procedures are set forth hereinafter. The use table is as follows:
USE GROUP Use category Specific use type | P | C |
USE GROUP Use category Specific use type | P | C |
RESIDENTIAL | ||
Household Living | ||
Artist live/work space located above the ground floor | * | |
Artist live/work space, ground floor | * | |
Dwelling units located above the ground floor | * | |
Detached house | * | |
Multiunit (3+ units Residential) | ||
Single-room occupancy | * | |
Townhouse | * | |
Two-flat | * | |
Group Living | ||
Assisted living/adult foster care/home for the aged | * | |
Group home | * | |
Nursing home | * | |
Temporary overnight shelter | * | |
Transitional residences | * | |
Transitional shelters | * | |
PUBLIC AND CIVIC | ||
Colleges and universities | * | |
Cultural exhibits and libraries | * | |
Day care | * | |
Hospital | * | |
Lodge or private club | * | |
Public recreation | * | |
Postal service | * | |
Public safety services | * | |
Religious assembly | * | |
School | * | |
Utilities and service, minor | * | |
Utilities and service, major | * | |
COMMERCIAL | ||
Adult use | * | |
Animal services | ||
Sales and grooming | * | |
Veterinary | * | |
Drive-through facility | * | |
Eating and drinking establishments | ||
Restaurant | * | |
Tavern | * | |
Entertainment and spectator sports | ||
Small (1-149 seats) | * | |
Financial services | * | |
Food and beverage retail sales | * | |
Gas stations | * | |
Lodging | ||
Small (1-16 guest rooms) | * | |
Medical service | * | |
Office | * | |
Parking, commercial(non-accessory) | * | |
Personal service, including health clubs and gyms | * | |
Repair service, consumer, including bicycles | * | |
Retail sales, general | * | |
INDUSTRIAL | ||
Manufacturing, Production and Industrial Services | ||
Artisan (hand tools only; e.g. jewelry or ceramics) | * | |
OTHER | ||
Wireless Communications Facilities | ||
Co-located | * | |
Freestanding | * | |
P= Permitted by right C= Conditional use | ||
(B) Parameters and procedures for conditional uses. Where the use is determined to be a conditional use, the applicant must seek a permit for such use by the Planning Commission subject to the conditions imposed in this section and subject further to such other conditions which in the opinion of the Planning Commission are necessary to provide adequate protection to the neighborhood and abutting properties and subject further to Planning Commission review, including a public hearing, in accordance with § 82-34. Such permit request for conditional use should be filed at the same time as the petition under § 82-513.
(Ord. 2014-06, passed 10-13-2014)
§ 82-515 REQUIRED CONDITIONS.
All permitted or conditional uses are subject to the following required conditions:
(A) Indoor/outdoor operations. All permitted uses in the MX-1 District must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.
(B) Off-street parking.
(1) Off-street parking requirements for residential uses shall be the same as the underlying, non-mixed-use zoning.
(2) No off-street parking is required for non-residential uses in MX-1 Districts unless such uses exceed 3,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 3,000 square feet.
(3) Off-street parking spaces must be located to the rear of the principal building or otherwise screened so as to not be visible from public right-of-way or residential zoning districts.
(C) Transparency.
(1) A minimum of 60% of the street-facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space of product display areas.
(2) The bottom of any window or product display window used to satisfy the transparency standard of division (1) above may not be more than four feet above the adjacent sidewalk.
(3) Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted.
(D) Doors and entrances.
(1) Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
(2) Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(E) Vehicle and driveway access. No curb cuts are allowed for lots that abut alleys.
(Ord. 2014-06, passed 10-13-2014)
§ 82-516 AREA AND BULK REQUIREMENTS.
(A) Commercial establishment size limits. The gross floor area of commercial establishments in the MX-1 district shall not exceed 15,000 square feet.
(B) Floor-to-floor heights and floor area of ground-floor space.
(1) All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 11 feet.
(2) All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area:
(a) At least 800 square feet or 25% of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or
(b) At least 20% of the lot area on lots with 50 feet of street frontage or more.
(C) Lot area per unit (density). The minimum lot area per dwelling unit shall be 750 square feet for mixed-use buildings and 1,000 square feet for all other buildings.
(D) Floor area ratio (FAR). The maximum FAR shall be 4.0.
(E) Setbacks.
(1) The entire building facade must abut front and street side property lines or be located within ten feet of such property lines.
(2) There is no minimum rear setback except when MX-1 zoned property abuts R-zoned property, in which case the minimum rear setback required in the MX-1 zone shall be the same as required for a residential use on the abutting R-zoned lot.
(3) No interior side setbacks are required in the MX-1 District, except when the MX-1-zoned property abuts R-zoned property, in which case the minimum side setback required in the MX-1 district shall be the same as required for a residential use on the abutting R-zoned lot.
(F) Building height. The maximum building height shall be 50 feet.
(Ord. 2014-06, passed 10-13-2014)