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Copperton City Zoning Code

CHAPTER 19

36 MIXED-USE ZONE

19.36.010-Purpose Of Provisions

The mixed-use zones are intended for areas within the community where a combination of residential, commercial, civic, and other uses is desirable to strengthen local tax base and employment opportunities, provide diverse housing types, create gathering places, and connect businesses with nearby customers.

HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.020-Establishment Of Mixed-Use Zone

  1. Establishment of Mixed-Use Zone: To anticipate and respond to the changing needs of the municipality and implement mixed-use and livability concepts included in the adopted General Plan, Copperton establishes the following zone:
    1. Neighborhood Mixed Use Zone (NMU): The NMU Zone is a residential zone that allows a small-scale, horizontal or vertical mixture of neighborhood commercial uses to serve the daily needs of area residents. This zone is intended only for small-scale, low-impact uses, to promote a better mixture of uses close to home and within a walkable environment.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.030-Schedule Of Permitted Uses

  1. Schedule of Permitted Uses. The specific uses listed in the following schedule are permitted in the zones as indicated, subject to the general provisions, special conditions, additional restrictions, and exceptions set forth in this Title.
  2. Procedure for Multiple Uses (Combination of Uses). If a development proposal involves a combination of uses other than accessory uses as identified in Table 19.36.030, the more restrictive provisions of this Title shall apply. For example, if a portion of a development is subject to conditional use (“C”) approval and the other portion is subject only to permitted use (“P) review, the entire development shall be reviewed and approved through the conditional use process.
  3. Abbreviations. The abbreviations used in the schedule mean:
    1. P = Permitted Use. This use is allowed in the zone but may be subject to additional restrictions and approval processes as provided in this Title.
    2. C = Conditional Use. This use is conditional because of the unique characteristics or potential impacts on the municipality, surrounding neighbors, or adjacent uses, incompatibility in some areas of the zone, or compatibility only if special provisions or conditions are required to mitigate the detrimental impacts of the use. The Planning Commission is the land use authority for uses with this designation.
    3. X = Prohibited Use. This use is prohibited in this zone. Any use not specifically identified in Table 19.36.030 is prohibited in this zone.

      Table 19.36.030 – Uses allowed in the NMU Zone.
      Use CategoriesNMU
      Residential Uses:
      Accessory Dwelling Unit, Detached or InternalP
      Dwelling, Single-FamilyP
      Dwelling, Single Family AttachedP
      Dwelling, Three- and Four-FamilyP
      Dwelling, Two-Family (Duplex)P
      Retail and Service: 
      Bank, Credit Union, or Other Financial InstitutionP
      Child or Adult Care FacilityP
      Personal Care ServicesP
      Personal Instruction ServicesP
      Post OfficeP
      Retail SalesP
      Retail Shops or Galleries where Primary Product is Produced On-SiteP
      Food and Drink:
      Bars and ClubsX
      Breweries and Distilleries, with or without restaurantX
      Food Truck, Mobile Restaurant, Food CartX
      Restaurant, Fast FoodP
      Restaurant, Sit Down with or without AlcoholP
      Lodging:
      Bed and BreakfastP
      Hotel/MotelX
      Office: 
      Offices – General, Professional, and Trade ServicesP
      Recreational: 
      Commercial Recreation and Entertainment, IndoorX
      Outdoor Recreation, Small ScaleX
      Theatres and Concert Halls (Indoor)X
      Industrial Uses:
      Light or Heavy IndustryX
      Institutional Uses: 
      ReservedX
      Church, Synagogue, Mosque, Temple, Cathedral, or other religious buildingsP
      Community GardenP
      Educational FacilityP
      Public or Quasi Public UseP
      Public ParkP
      Specialty: 
      Medical, Urgent Care, and Dental ClinicX
      Mortuary or Funeral HomeX
      Park and RideX
      Parking Lot (not associate with other use)X
      Accessory Uses: 
      Accessory Structures, Garages, Carports, and Structures subject to 19.46P
      Drive-Thru and Drive-Up Facilities P
      Home Occupation, subject to 19.42.180.P
      Sidewalk Displays and Sidewalk CafesP
      Nonconforming Uses: 
      Pre-Existing LotP
  4. Residential Uses: In the NMU Zone, multi-family residential uses (including two-family, three-family, and four-family) are limited as follows.
    1. Units above a business: Residential dwelling units on the second story or above are permitted.
    2. Units behind a business: Residential dwelling units on the first story that are separated from the front lot line by a non-residential use in the same story are permitted.
    3. Units attached to a business on a multiple frontage lot: In no case may first-story dwelling units face onto a front lot line.
    4. In the NMU Zone, no standalone multi-family residential uses shall occur. Any multi-family residential use shall be combined with a non-residential use. Single-family attached and detached uses are not subject to the above standards.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.040-Development Standards

  1. Any development in the NMU Zone shall comply with the development standards shown in Table 19.36.040 and any other applicable standards in this Title.
  2. Single- and two-family residential development in the NMU Zone is exempt from the following requirements:
    1. Minimum and Maximum FAR;
    2. Minimum Transparency;
    3. Entry Spacing and Recess Requirements; and
    4. Articulation Requirements.
  3. Buildings in any Mixed-Use Zone shall be oriented so as to be front-facing on the public street.
  4. Exception for Historic District Contributing Buildings. A development standard in Table 19.36.050 may be waived by the Director or designee only if the Director or designee finds that complying with that standard would result in a building that currently contributes to a National Historic District or Landmark no longer contributing to the District or Landmark designation.

    Table 19.36.050 – Mixed Use Zones Development Standards.
    StandardNMU
    Maximum Building Size, in square feet (sq. ft.)
    Non-Grocery5,000
    Grocery-Anchored15,000
    Height Limitations, in feet (ft)
    Minimum15
    Maximum35
    Ground Floor Height Minimum for
    Commercial / Mixed Use Buildings Only
    12
    Floor Area Ratio
    Maximum FAR1.5:1
    Minimum FARNA
    Minimum Transparency Requirements 1
    First Floor / Ground Story50%
    Additional Floors25%
    Entries
    Maximum distance between ground floor entries on the primary facade, in feet (ft).235
    Primary Façade Entries, Articulation.NA
    Non-primary facade entries1 entry minimum at the ground floor is required on each non-primary façade, excluding those with a shared common wall.
    Articulation
    Horizontal ArticulationStructural columns or variation in façade (depth/change in material) shall be articulated at the primary façade for the full height of the building to the cornice; minimum 50’ spacing.
    Vertical ArticulationCornice/Frieze Banding is required between the second and third floors on buildings with three or more stories.
    RoofNA
    Usable Outdoor Space, minimum requirement per unit in square feet (sq. ft.) 3
    Single-Family Attached or Detached150
    Two-, Three-, or Four-Family100
    1. Transparency: Transparency means the use of materials that allow for persons from the street to see into the active uses of the building. Areas covered by menus, murals, or other signage that prevents visibility into the active use do not count toward the required transparency, unless the municipality has authorized a temporary advertisement or other festive decoration.
    2. Entries on Corner Lots: Buildings on corner lots shall be oriented to the corner that faces on two public streets. Corner entries are required. Corner entries shall be angled toward the intersection of the two public streets in order to emphasize the corner.
    3. Usable Outdoor Space: Means outdoor space provided for the enjoyment of the tenant. The required outdoor space may be provided through private outdoor balconies or patios attached to the unit or may be combined in an outdoor community space shared by all residents / units.
      1. Balconies: If balconies are provided, they shall be recessed or incorporated into the horizontal setback.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.050-Required Yards And Setbacks

  1. Purpose. The purpose of the standards in this section is to create and maintain street frontages that are attractive, promote a walkable environment, and create sense of safety and comfort through appropriate scale.
  2. The minimum yard requirements for buildings within the Mixed-Use Zones are presented in Table 19.36.050.
  3. Exception for Historic District Contributing Buildings. A lot width, yard, or setback standard in Table 19.36.050 may be waived by the Director or designee only if the Director or designee finds that complying with that standard would result in a building that currently contributes to a National Historic District Designation or National Historic Landmark no longer contributing to the District Designation or Landmark.
  4. Unless they share a common wall, where two or more primary buildings exist on a site, the minimum distance between primary buildings shall be twenty feet (20’).
  5. Exception for Setbacks for Common Walls. The side setback is zero feet (0’) for any building which shares a side common wall.

    Table 19.36.060 – Lot Width, Yard, and Setback Requirements.

    NMU
    Minimum Lot Frontage Along Public Street, in feet (ft.)25
    Minimum Setbacks, in feet (ft.)
    Front Yard 10
    Side Yard, Interior5
    Side Yard, Corner Lot5
    Rear Yard20
    Maximum Setbacks, in feet (ft.)
    Front Yard20
    Side Yard, Interior 10
    Side Yard, Corner Lot10
    Rear Yard60
    Minimum Distance Between Main and Accessory Buildings, in feet (ft.)6
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.060-Height Exceptions

Exceptions to the building heights specified in Table 19.36.050 apply, in accordance with Subsection 19.46.130.H.

HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.070-Off Street Parking Standards

All provisions of Chapter 19.48 shall apply to development in the NMU Zone. For developments that combine multiple uses, parking requirements shall be calculated for each specific use according to the criteria in Section 19.48.070. The Director or designee may authorize shared parking for combined uses if those uses are found to operate at distinct hours of the day or night.

HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.36.080-Additional Standards

It is the responsibility of the applicant to comply with all other standards of Title 19 and all other municipal ordinances, including, without limitation:

  1. 19.04: Definitions
  2. 19.18: Planned Unit Developments
  3. 19.42: Specific Use Standards
  4. 19.44: Temporary Use Standards
  5. 19.46: Site Development Standards
  6. 19.48: Off-Street Parking and Loading  
  7. 19.50: Landscaping and Screening
  8. 19.52: Signs 
  9. 19.56: Flood Plain Regulations
  10. 19.58: Geological Hazards
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

2023-06-01