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Dayton City Zoning Code

1001.065 GENERAL

MIXED USE DISTRICTS.

Subd. 1 General Mixed Use District-1 (GMU-1): Highway 81 Corridor

   (1)   Purpose. The purpose of the General Mixed Use District-1 (GMU-1) is to provide an area for compact, walkable, mixed-use development along key community corridors and to support high quality development and site flexibility due to the unique site conditions in these areas. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. A combination of retail, office, service and residential land uses are encouraged although not required. New residential uses may also be entirely residential. The mix of uses can occur vertically and horizontally. The placement of buildings and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU-1 District.
   (2)   Design character. The character of the GMU-1 District shall reflect high quality design due to the high visibility of these areas. Although development in this mixed-use district will be more auto-oriented in design than a traditional downtown area, pedestrian connections and amenities will still be required to provide connections to existing to use, future transit while providing for safe pedestrian circulation within the site and between sites. Landscaping, signage, and architectural details shall be used to unify sites within the GMU-1 District area.
   (3)   Permitted uses. The following uses are permitted uses in the GMU-1 District:
Agricultural uses existing at the time of adoption of this section amendment.
Antique or gift shop
Art, decorating and music studios
Bakery goods sales and baking of goods for retail sales on premises
Bank, credit unions and other financial institutions without drive-up tellers
Beauty salons, day spas and barbershops
Book store
Coffee shop/delicatessen
Clothing store
Copy services but not including printing press or newspaper
Dwelling, multiple family (apartment, condominium, cooperative, townhouse) at a minimum of 8 units per acre
Florist
Government buildings where the use conducted is primarily for office uses
Hardware store
Health/athletic clubs (within a principle building)
Hobby store including handicraft classed not to exceed 10 students
Jewelry sales and jewelry repair store
Liquor store
Meat market or specialty grocery store
Music store
Offices, administrative/commercial
Offices/clinics for medical, dental, or chiropractic services
Pharmacy, no drive-through
Restaurants Class 1 and II, no drive-through
Shoe sales/repair
Therapeutic massage
Tavern
Tobacco shop
   (4)   Permitted accessory-uses. The following uses are permitted accessory uses in the GMU-1 District:
Any incidental repair or processing necessary to conduct a permitted principal use as long as it does not occupy more than 30% of the gross floor area of the principal building.
Bus/transit and Park and Ride facilities
Essential service structure
Outdoor seating accessory to a restaurant meeting the requirements in subsection (14) below;
Private garages, off-street parking and loading spaces as regulated in this Title
Public open space plaza, square or other related uses
Signs as regulated in this Title
Trash enclosure service structure
Attached smoking facility associated with a principal use
Structured parking
   (5)   Conditional uses. Within any GMU-1 District, no structure or land shall be used for the following uses except by conditional use permit:
Drive-through lanes for permitted uses (restaurants, banks) if provisions for vehicle stacking, vehicle maneuvering, outdoor speaker devices, appearance and lighting of outdoor menu boards and other related matters can be shown to be in keeping with the intent and character of the GMU-1 District and compatible with surrounding uses.
Hotel/motels
Schools, specialty
Theatres
Towers- cellular and communications as regulated in Section 1001.21 of this Title
      (6)   Lot size, setback, site design and height requirements:
         a.   Minimum lot size requirements: The following minimum requirements shall be observed in the GMU-1 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
         1.   Minimum lot requirements:
            (a)   Lot size: 25,000 square feet
            (b)   Lot width: 150 feet
         2.   Setbacks:
            (a)   Front- 20 feet from public roadways and 30 feet from Highway 81.
            (b)   Side: No setback is required .unless abutting a Residential District; a setback of 35 feet shall then be required.
            (c)   Rear: No setback is required unless abutting a Residential District; a setback of 35 feet shall, then be required.
      b.   Site design:
         1.   Orient and consolidate structures to compliment existing, adjacent development to create a coordinated and visually attractive mixed use setting.
         2.   Site planning shall respect the relationship of the site to the existing and proposed buildings and streets and major roadways including Highway 81.
         3.   Buildings with frontage on a primary street shall orient front facades parallel to the primary street.
         4.   Align the building front facade with adjacent buildings to promote visual continuity from the public right-of-way, unless site, or .use constraints are prohibitive.
         5.   Buildings shall have a clearly defined primary pedestrian entrance at street level.
         6.   Wherever a surface parking area faces a street frontage, such frontage shall be screened with a decorative wall, railing, hedge, or a combination of these elements to a minimum height of 2 1/2 feet and a maximum height of 3 1/2 feet above the level of the parking lot at the build to line.
         7.   Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located-to the side or rear of a building.
         8.   Maximum impervious coverage. The total lot coverage shall not exceed 80% impervious.
      c.   Building heights:
         1.   Maximum height on all buildings shall be 45 feet or 4 stories.
         2.   Where multiple buildings are proposed on a single site the buildings shall be designed with varying heights while meeting the following minimum standards:
            (a)   Buildings at the front setback line along Highway 81 shall have a minimum height of 15 feet for 60% of the building length with a maximum height of 25 feet. Buildings, set back from Highway 81 (not meeting the minimum front yard setback to Highway 81) shall have a minimum height of 25 feet for 60% of the building length in order to provide visibility.
   (7)   Parking requirements.
      a.   Parking for residential units in the GMU-1 District shall be calculated as required in Section 1001.19 with a preference for at least 50% of the required spaces provided underground. The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement.
      b.   Parking for non-residential uses in the GMU-1 District shall be calculated under Section 1001.19. Shared parking arrangements as provided in 1001.19 are encouraged provided that such shared parking is fully connected between sites for automobiles and pedestrians. On-street parking shall count towards required parking.
   (8)   Building design requirements. To maintain the character of the mixed use area the GMU-1 District is subject to the following standards to reflect the character of the District.
      a.   All new building fronts (single story or multi-story) shall include a minimum of 4 of the following elements:
         1.   Architectural detailing, such as cornice, awning, parapet, or columns;
         2.   A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street;
         3.   A minimum of 30% window coverage on each front that faces a street;
         4.   Contrasting, yet complementary material colors;
         5.   A combination of horizontal and vertical design features;
         6.   Irregular building shapes;
         7.   Horizontal offsets of at least 4 feet in depth;
         8.   Vertical offsets in the roofline of at least four feet;
         9.   Fenestration at the first floor level which is recessed horizontally at least 1 foot into the facade;
         10.   Other architectural features in the overall architectural concept.
      b.   Multi-story buildings shall have the ground floor distinguished from the upper floors by having one or more the following:
         1.   Awning
         2.   Trellis
         3.   Arcade
         4.   Window lintels
         5.   Intermediate cornice line
         6.   Brick detailing such as quoins or corbels
      c.   Residential uses on first floors: Whenever residential uses are included on the first floor of a building the. first floor elevation shall stepped up above sidewalk, elevations immediately adjacent to the front of the residential unit to ensure the residential unit is raised from the public space. In addition, each first floor unit must have an individual private entrance at the street level with private courtyard enclosure.
      d.   Any exterior building wall adjacent to or visible from a public street, public open space or abutting property may not exceed 50 feet in length without significant visual relief consisting of 1 of the following:
         1.   The facade shall be divided architecturally by means of significantly different materials or textures;
         2.   Horizontal offsets of at least four feet in depth;
         3.   Vertical offsets in the roofline of at least four feet; or
         4.   Fenestration at the first floor level that is recessed horizontally at least 1 foot into the facade.
      e.   Other design requirements.
         1.   All principal buildings shall have an entry on a street.
         2.   Buildings shall provide a base and top to their architecture.
         3.   The tops of buildings shall be articulated to minimum the "box" like images.
         4.   Buildings shall be architecturally unique and shall not be of a corporate architecture (including roof patterns, corporate colors, architectural elements, and similar treatments).
      f.   Accent materials: Accent materials shall be wrapped around walls visible from public view. Where a mixed use building is visible from a public road all elevations shall be architecturally treated; accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass, prefinished decorative metal and fiber cement trim within soffit and fascia areas.
      g.   Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.
      h.   Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems and fiber cement siding that may be painted.
      i.   Restricted exterior materials. Unadorned pre-stressed concrete panels, whether smooth or raked, non-decorative concrete block, sheet metal, unfinished metal and/or galvanized and unfinished aluminum surfaces (walls or roofs) shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line. No more than 25% of any exterior wall on a building shall be fiber cement siding, wood or metal accent material.
      j.   Building roofs. Mansard or mansard style roofs are not permitted except for mansard style cornices. Acceptable designs include flat, pitched or curved. Building roof styling shall incorporate a minimum of 1 of the following elements:
         1.   Parapets or cornices;
         2.   Varying building height and variety of roof lines while (meeting requirements in Section (6)c. Building Heights).
   (9)   Screening.
      a.   Building mechanical equipment. The view of all roof-top equipment and related piping, ducting, electrical and mechanical utilities abutting a street shall be screened from ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term "ground level view" shall be defined as the view of the building from the furthest point of the width of the right-of-way from the property line(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
      b.   Ground mechanical equipment: Ground mechanical equipment shall be 100% screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.
      c.   Trash enclosure service structure: All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.
      d.   Outdoor storage. There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit.
      e.   External loading and service areas. External loading and service areas must be 100% screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.
      f.   Abutting districts. Wherever a GMU-1 District, or is across the street from an R Residential District, a berm, fence or screening consisting of compact evergreen trees or hedge or a combination thereof, not less than 90% opaque at time of installation, nor less than 6 feet in height, except adjacent to a street where it shall be not less than 3 feet nor more than 4 feet in height shall be erected or installed and maintained. All screening shall comply with Section 1001.24.
      g.   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential windows.
   (10)   Lighting: In addition to the lighting requirements presented in Section 1001.14, lighting in the GMU-1 District shall also be subject to the following requirements:
      a.   Decorative style lighting a maximum of 14 feet in height shall be used to illuminate all site areas with the exception of parking areas.
      b.   Shoe-box style lighting shall only be permitted in parking areas.
      c.   Lighting fixtures shall be compatible with the architecture of the building.
      d.   Wall-mounted lighting shall be used on building fronts to illuminate entry points and highlight architectural features.
   (11)   Landscape design. In addition to the landscape requirements presented in Section 1001.24 all plant materials shall be used to create a unified and attractive mixed use environment.
      a.   Planting areas should be located and designed to avoid visual interference with public signage and private commercial communication.
      b.   Plant materials shall, be arranged to provide focal points on the site, and concentrated to signify key site locations such as the primary building entrance, site entrance, around signage, along pedestrian walkways, and along the perimeter of the building.
   (12)   Signage. Signs in the GMU-1 District shall also be subject to the standards in Section 1001.
   (13)   Pedestrian environment. Pedestrian connections to the surrounding neighborhood shall be incorporated into the neighborhood commercial development.
      a.   Pedestrian amenities shall be included in places where people typically gather, including but not limited to, transit stops, building entrances or street corners or abutting bike or pedestrian trail connections. These amenities shall benefit the intended users and be located in places that are highly visible. These spaces must include at least two of the following (master planned developments shall provide two elements in a central location):
         1.   Patterned materials on walkways
         2.   Shelters
         3.   Trash receptacles
         4.   Drinking fountains
         5.   Pedestrian lighting
         6.   Fountains, sculptures, or kiosks
         7.   Street trees, flower boxes or container landscaping
      b.   Sidewalk connections shall be provided to and through the development to existing and planed bus stops, trails, sidewalks and adjacent properties, where access exists or reasonable connections are possible. If a parking lot lies between the building entry and an adjacent public street, a pedestrian walkway at least six feet wide shall be provided between them. Clear internal pedestrian circulation routes shall be provided on the site.
   (14)   Outdoor seating for food service businesses.
      a.   Food service businesses, including but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor temporary seating for their patrons, provided that the following requirements are met and an annual incidental outdoor seating permit is approved by the Zoning Administrator:
         1.   The seating shall be located on private property.
         2.   The seating shall be of good patio or café type furniture that enhances the appearance of the business.
         3.   The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by City staff.
         4.   No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City staff.
         5.   Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full service restaurants with wait staff service.
         6.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, seating shall be located so as to leave a minimum of a 4-foot wide passageway for pedestrians.
         7.   No additional parking is required for 30 seats or less. If public parking is available either in a ramp or adjacent on-street, then no additional parking is required. | Any additional seating over 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by City staff.
         8.   Any proposed outdoor seating plan over 50 or more seats shall be by Conditional Use Permit.
         9.   All exterior sound equipment shall be shutoff at 10:00 p.m. as regulated in Section 1001.14.
         10.   Lighting shall be permitted to the extent that it only illuminates the designed area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area or as permitted in Section 1001.14.
         11.   Any proposed outdoor seating-area on property abutting an R-Residential zoning district shall be by Conditional Use Permit.
         12.   The business owner shall regularly clean the seating area so that it is litter-free.

Subd. 2 General Mixed Use District-2 (GMU-2): City Center.

   (1)   Purpose. The purpose of the General Mixed Use District-2 (GMU-2) is to provide an area for compact, walkable, mixed-use development that also provides for the establishment of a community focal point with a blend of cultural, recreational, entertainment, commercial retail and office uses along key community corridors. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. A combination of retail, office, service and residential land uses are encouraged although not required. New residential uses may also be entirely residential. The mix of uses can occur vertically and horizontally. The placement of buildings and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU-2 District.
   (2)   Design character. The character of the GMU-2 District shall reflect high quality design due to the high visibility of these areas along county roadways. New development in this district shall create a unifying identity and transition between different uses through high quality design, pedestrian amenities, compact development, and connections to public spaces.
   (3)   Permitted uses. The following uses are permitted uses in the GMU-2 District:
Agricultural uses existing at the time of adoption of this section amendment.
Amphitheaters
Antique or gift shop
Appliance store, but no fabricating or manufacturing
Art, decorating and music galleries and studios
Bakery goods sales and baking of goods for retail sales on premises
Bank, credit unions and other financial institutions without drive-up tellers
Beauty salons, day spas and barber shops
Bicycle sales and repair
Book store
Coffee shop/delicatessen
Convenience grocery store without motor fuel sales
Community centers
Clothing store
Copy services but not including printing press or newspaper
Dwelling, multiple family (apartment, condominium, cooperative, townhouse) at a minimum of 8 units per acre
Florist
Grocery, supermarkets
Grocery, superstores
Hardware store
Health/athletic clubs (freestanding)
Hobby store including handicraft classed not to exceed 10 students
Hotel/Motel
Jewelry sales and jewelry repair store
Liquor store
Music store
Offices, administrative/commercial
Offices/clinics for medical, dental, or chiropractic services
Pharmacy, no drive-through
Publicly owned civic or cultural buildings such as city offices, libraries, auditoriums, public administration buildings
Restaurants Class I and II, no drive-through
Shoe sales/repair
Tailoring services
Tanning salon
Therapeutic massage
Tavern
Tobacco shop
Video rental and sales
   (4)   Permitted accessory uses. The following uses are permitted accessory uses in the GMU-2 District:
Any incidental repair or processing necessary to conduct a permitted principal use as long as it does not occupy more than 30% of the gross floor area of the principal building. Bus/Transit and Park and Ride facilities Essential service structure
Outdoor seating accessory to a restaurant meeting the requirements in Section 15 below;
Private garages, off-street parking and loading spaces as regulated in this Title
Public open space plaza, square or other related uses
Signs as regulated in this Title
Small appliance repair
Sporting goods store
Trash enclosure service structure
Attached smoking facility associated with a principal use
Structured parking
   (5)   Conditional Uses. Within any GMU-2 District, no structure or land shall bemused for the following uses except by conditional use permit:
Bowling alleys, electronic game-rooms, billiard and pool rooms, skating rinks, gymnasiums, night clubs.
Drive-through lanes for permitted uses (restaurants, banks) if provisions for vehicle stacking, vehicle maneuvering, outdoor speaker devices, appearance and lighting of outdoor menu boards and other related matters can be shown to be in keeping with the intent and character of the GMU-2 district and compatible with surrounding uses
Hospital and other regional medical facilities
Restaurant- Class III (fast food)
Restaurant- Class IV (with drive-through)
Schools, specialty
Theatres
Towers- cellular and communications as regulated in Section 1001.21 of this Title
   (6)   Interim Uses. Within any GMU-2 District, no structure or land shall be used for the following purposes except by Interim Use Permit.
Farmers Market
Special Events (except Carnivals).
      a.   Such activity is directed towards the general public and includes grand openings, craft shows, flea markets, mechanical and animal rides and displays of materials that are typically not sold or serviced on the site.
      b.   The event shall not exceed the period specified in the administrative permit and in no case shall exceed 3 consecutive calendar days-per event.
      c.   There shall be no more than 2 special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted 1 special event per year. Multi-tenant buildings with less than 5 lease-spaces shall be considered as a single property for purposes of this provision.
   (7)   Lot size, setback, site design and height requirements:
      a.   Minimum Lot Size Requirements: The following minimum requirements shall be observed in the GMU-2 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
         1.   Minimum lot requirements:
            (a)   Lot size: no minimum for non-residential uses
            (b)   Residential parcels shall maintain a lot width that is adequate for the design of the structure.
         2.   Setbacks:
            (a)   Front-build-to-line (0-15 feet, depending on future road design). In the GMU-2 District in the front yard a build-to-line is established which provides a minimum and maximum front setback for buildings and other structures, from the right-of-way or property line. The minimum front building setback shall be 0 feet and the maximum shall be 10 feet.
            (b)   Side. No setback is required unless abutting a Residential District, a setback of 20 feet shall then be required.
            (c)   Rear: No setback is required unless abutting a Residential District; a setback of 20 feet shall then be required.
         3.   Site design:
            (a)   Building frontage: At least 65% of the street frontage of any lot shall be occupied by building facades at the build-to- line. In addition, on corner lots, a minimum of the first 50 feet of the lot frontage on either side of a street intersection must be occupied by buildings set at the property line. Parking or other space open to the sky is not allowed within this first 50 feet.
            (b)   On lots with more then one street frontage (corners), the building shall be located to meet the 65% street frontage requirement on both streets.
            (c)   The building frontage requirement may be met either with an enclosed building or an arcade constructed with a permanent roof of the same materials as the remainder of the building.
            (d)   At least the first and second floor must meet the building frontage requirement. Arcades at street level and terracing of building facades above the second floor are encouraged.
            (e)   Buildings with frontage on a primary street shall orient front facades parallel to the primary street.
            (f)   Align the building front facade with adjacent buildings to promote visual continuity from the public right-of-way, unless site or use constraints are prohibitive.
            (g)   Buildings shall have a clearly defined primary pedestrian entrance at street level.
            (h)   Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located to the side or rear of a building.
            (i)   Maximum impervious coverage. The total lot coverage shall not exceed 80% impervious.
      b.   Building heights.
         1.   The minimum building height shall be 25 feet or two stories while the maximum building height on all buildings shall be 45 feet or four stories.
   (8)   Parking requirements.
      a.   Parking for residential units in the GMU-2 District shall be calculated as required in Section 1001.19 with a preference for a minimum of 50 of the required spaces provided underground (or tuck under in townhomes with a minimum of480 square foot garage). The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement,
      B.   Parking for non-residential uses in the GMU-2 District shall be calculated under Section 1001.19. Shared parking arrangements as provided in 1001.19are encouraged provided that such shared parking is fully connected between sites for automobiles and pedestrians. On-street parking shall count towards required parking.
      c.   No parking spaces shall be located between the front of the principal structure and the abutting front lot line.
      d.   Wherever a surface parking area faces a street frontage, such frontage shall be screened with a decorative wall, railing, hedge, or a combination of these elements to a minimum height of 2 1/2 feet and a maximum height of 3 1/2 feet above the level of the parking lot at the build to line.
      e.   A reduction of up to 10% in the number of required off-street parking spaces may be approved by the Zoning Administrator in the case of shared parking areas between abutting uses.
      f.   On-street parking shall count towards required parking.
   (9)   Building design requirements. To maintain the character of the mixed use area the GMU-2 District is subject to the following standards to reflect the character of the District.
      a.   All new building fronts (single story or multi-story) shall include a minimum of 4 of the following elements:
         1.   Architectural detailing, such as cornice, awning, parapet, or columns;
         2.   A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street;
         3.   A minimum of 30% window coverage on each front that faces a street;
         4.   Contrasting, yet complementary material colors;
         5.   A combination of horizontal and vertical design features;
         6.   Irregular building shapes;
         7.   Horizontal offsets of at least 4 feet in depth;
         8.   Vertical offsets in the roofline of at least four feet;
         9.   Fenestration at the first floor level which is recessed horizontally at least 1 foot into the facade;
         10.   Other architectural features in the overall architectural concept.
      b.   Multi-story buildings shall have the ground floor distinguished from the upper floors by having one or more the following:
         1.   Awning
         2.   Trellis
         3.   Arcade
         4.   Window lintels
         5.   Intermediate cornice line
         6.   Brick detailing such as quoins or corbels
      c.   Residential uses on first floors: Whenever residential uses are included on the first floor of a building the first floor elevation shall be stepped up from sidewalk elevations immediately adjacent to the front of the residential unit to ensure the residential unit is raised from the public space. In addition, each first floor unit must have an individual private entrance at the street level with private courtyard enclosure.
      d.   Any exterior building wall adjacent to or visible from a public street, public open space or abutting property may not exceed 50 feet in length without significant visual relief consisting of one of the following:
         1.   The facade shall be divided architecturally by means of significantly different materials or textures;
         2.   Horizontal offsets of at least four feet in depth;
         3.   Vertical offsets in the roofline of at least four feet; or
         4.   Fenestration at the first floor level that is recessed horizontally at least 1 foot into the facade.
      e.   Other design requirements.
         1.   All principal buildings shall have an entry on a street.
         2.   Buildings shall provide a base and top to their architecture.
         3.   The tops of buildings shall be articulated to minimum the "box" like images.
         4.   Buildings shall be architecturally unique and shall not be of a corporate architecture (including roof patterns, corporate colors, architectural elements, and similar treatments).
      f.   Accent materials: Accent materials shall be wrapped around walls visible from public view. Where a mixed use building is visible from a public road all elevations shall be architecturally treated. Accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass, prefinished decorative metal and fiber cement trim within soffit and fascia areas.
      g.   Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.
      h.   Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems and fiber cement siding that may be painted.
   (10)   Screening.
      a.   Building mechanical equipment. The view of all roof-top equipment and related piping, ducting, electrical and mechanical utilities abutting a street shall be screened from ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term "ground level view shall be defined as the view of the building from the furthest point of the width of the right-of-way from the property line(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
      b.   Ground mechanical equipment: Ground mechanical equipment shall be 100% screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.
      c.   Trash enclosure service structure: All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.
      d.   Outdoor storage. There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit.
      e.   External loading and service areas. External loading and service areas must be 100% screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.
      f.   Abutting districts. Wherever a GMU-1 district, or is across the street from an R Residential District, a berm, fence or screening consisting of compact evergreen trees or hedge or a combination thereof, not less than 90% opaque at time of installation, nor less than 6 feet in height, except adjacent to a street where it shall be not less than 3 feet nor more than 4 feet in height shall be erected or installed and maintained. All screening shall comply with Section 1001.24.
      g.   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential windows.
   (11)   Lighting. In addition to the lighting requirements presented in Section 1001.14, lighting in the GMU-2 District shall also be subject to the following requirements:
      a.   Decorative style lighting a maximum of 14 feet in height shall be used to illuminate all site areas with the exception of parking areas.
      b.   Shoe-box style lighting shall only be permitted in parking areas.
      c.   Lighting fixtures shall be compatible with the architecture of the building.
      d.   Wall-mounted lighting shall be used on building fronts to illuminate entry points and highlight architectural features.
   (12)   Landscape design. In addition to the landscape requirements presented in Section 1001.24 all plant materials shall be used to create a unified and attractive mixed use environment.
      a.   Planting areas should be located and designed to avoid visual interference with public signage and private commercial communication.
      b.   Plant materials shall be arranged to provide focal points on the site, and concentrated to signify key site locations such as the primary building entrance, site entrance, around signage, along pedestrian walkways, and along the perimeter of the building.
      c.   Water quality ponding areas shall be designed and landscaped in a park-like character consistent with the character throughout the development.
      d.   Landscaping of areas along pedestrian corridors shall have a consistent character throughout the development. Edges of trails and sidewalks shall be reinforced with street trees, plantings and pedestrian-scale lights and similar amenities.
   (13)   Plazas.
      a.   All properties with principal buildings in excess of 30,000 square feet shall be required to have a public plaza area(s).
      b.   The design of the plaza shall include special paving, benches, trash receptacles, lighting fixtures and other similar type features which comply with the Comprehensive Plan and City specifications.
   (14)   Signage. Signage. Signs in the GMU-2 District shall also be subject to the standards in Section 1001.20.
   (15)   Pedestrian environment. Pedestrian connections to the surrounding neighborhood shall be incorporated into the neighborhood commercial development.
      a.   Pedestrian amenities shall be included in places where people typically gather, including but not limited to, transit stops, building entrances or street corners or abutting bike or pedestrian trail connections. These amenities shall benefit the intended users and be located in places that are highly visible. These spaces must include at least two of the following (master planned developments shall provide two elements in a central location):
         1.   Patterned materials on walkways
         2.   Shelters
         3.   Trash receptacles
         4.   Drinking fountains
         5.   Pedestrian lighting
         6.   Fountains, sculptures, or kiosks
         7.   Street trees, flower boxes or container landscaping
      b.   Sidewalk connections shall be provided to and through the development to existing and planed bus stops, trails, sidewalks and adjacent properties, where access exists or reasonable connections are possible. If a parking lot lies between the building entry and an adjacent public street, a pedestrian walkway at least six feet wide shall be provided between them. Clear internal pedestrian circulation routes shall be provided on the site.
   (16)   Outdoor seating for food service businesses.
      a.   Food service businesses, including but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor temporary seating for their patrons, provided that the following requirements are met and an annual incidental outdoor seating permit is approved by the Zoning Administrator:
         1.   The seating shall be located on private property.
         2.   The seating shall be of good patio or café type furniture that enhances the appearance of the business.
         3.   The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by City staff.
         4.   No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City staff.
         5.   Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full service restaurants with wait staff service.
         6.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, seating shall be located so as to leave a minimum of a 4-foot wide passageway for pedestrians.
         7.   No additional parking is required for 30 seats or less. If public parking is available either in a ramp or adjacent on-street, then no additional parking is required. Any additional seating over 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by staff.
         8.   Any proposed outdoor seating plan over 50 or more seats shall be by Conditional Use Permit.
         9.   All exterior sound equipment shall be shutoff at 10:00 p.m. as regulated in Section 1001.14.
         10.   Lighting shall be permitted to the extent that it only illuminates the designed area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area or as permitted in Section 1001.14.
         11.   Any proposed outdoor seating area on property abutting an R-Residential zoning district shall be by Conditional Use Permit.
         12.   The business owner shall regularly clean the seating area so that it is litter-free.

Subd. 3 General Mixed Use District-3 (GMU-3): Historic Village.

   (1)   Purpose. The purpose of the General Mixed Use District-3 (GMU-3) is to provide an area for compact, walkable, mixed-use development that is appropriately scaled with high quality architecture in conformance with the unique character of the Historic Village. This district also provides for the establishment of a community focal point utilizing the access and views of the river together with a blend of cultural, historical, residential and commercial retail. The mixture of land uses within the district is essential to establishing the level of vitality and intensity needed to support retail and service uses. Future development within the district shall follow the Framework Plan as included in Chapter 5 of the 2030 Comprehensive Plan that is intended to guide public and private development, streetscaping and public realm improvements. The placement of buildings and the relationship of the building, parking, landscaping, and pedestrian spaces shall be guided by the Framework Plan and requirements of this chapter.
   (2)   Design character. The character of the GMU-3 District shall reflect high quality design due to the historic nature of the area, high visibility of these areas along county roadways and as the northwest gateway into the City. New development in this district shall create a unifying identity and transition between different uses through high quality design, pedestrian amenities, compact development, and connections to public spaces.
   (3)   Permitted uses. The following uses are permitted uses in the GMU-3 District:
Amphitheaters
Antique or gift shop
Art, decorating and music galleries and studios
Bakery goods sales and baking of goods for retail sales on premises
Bank, credit unions and other financial institutions without drive-up tellers
Beauty salons, day spas and barber shops
Bicycle sales and repair
Book store
Coffee shop, deli, wine bars or similar gathering places serving food and drink Convenience grocery store without motor fuel sales (not exceed 3,000 sq ft)
Clothing store
Copy services but not including printing press or newspaper
Dwelling, multiple family (apartment, condominium, cooperative, townhouse) at a minimum of 8 units per acre
Florist
Grocery store, meat market or other specialty foods market (not exceeding 10,000 sq. ft.)
Hardware store
Hobby store including handicraft classed not to exceed 10 students
Hotel, inns and bed-and-breakfast establishments (no more than 4 guest rooms)
Jewelry sales and jewelry repair store
Liquor store
Music store
Offices, administrative/commercial
Offices/clinics for medical, dental, or chiropractic services
Pharmacy, no drive-through
Publicly owned civic or cultural buildings such as city offices, libraries, auditoriums, public administration buildings.
Restaurants Class I and II, no drive-through
Shoe sales/repair
Tailoring services
Tanning salon
Therapeutic massage
Tavern
Tobacco shop
Video rental and sales
   (4)   Permitted accessory uses. The following uses are permitted accessory uses in the GMU-3 District:
Any incidental repair or processing necessary to conduct a permitted principal use as long as it does not occupy more than 30% of the gross floor area of the principal building.
Bus/Transit and Park and Ride facilities
Essential service structure
Outdoor seating accessory to a restaurant meeting the requirements in Subdivision (16) below
   Private garages, off-street parking and loading spaces as regulated in this Title
Public open space plaza, square or other related uses
Signs as regulated in this Title
Trash enclosure service structure
Structured parking
   (5)   Conditional uses. Within any GMU-3 District, no structure or land shall be used for the following uses except by conditional use permit:
Drive-through lanes for permitted uses (restaurants, banks) if provisions for vehicle stacking, vehicle maneuvering, outdoor speaker devices, appearance and lighting of outdoor menu boards and other related matters can be shown to be in keeping with the intent and character of the GMU-3 District and compatible with surrounding uses.
Restaurant- Class IV (with drive-through)
Schools, specialty
Theatres
Towers- cellular and communications as regulated in Section 1001.21 of this Title
   (6)   Interim uses. Within any GMU-3 District, no structure or land shall be used for the following purposes except by Interim Use Permit.
Farmers market
Special events (except carnivals).
      a.   Such activity is directed towards the general public and includes grand openings, craft shows, flea markets, mechanical and animal rides and displays of materials that are typically not sold or serviced on the site.
      b.   The event shall not exceed the period specified in the administrative permit and in no case shall exceed 3 consecutive calendar days per event.
      c.   There shall be no more than 2 special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted 1 special event per year. Multi-tenant buildings with less than 5 lease-spaces shall be considered as a single property for purposes of this provision.
   (7)   Setback, lot size, site design and height requirements.
      a.   Setback - principal structure
         Front yard: build-to line (see below)
         Side yard/interior: 0 feet minimum
         Side yard/corner: same as front
         Rear yard: 20 feet minimum
      b.   Setback - accessory structure
         Front yard: build-to line (see below)
         Side yard: 0 feet minimum
         Side yard (street): same as front
         Rear yard: 5 feet minimum
      c.   Setback - parking
         Front yard: build-to line (see below)
         Side yard: 0 feet minimum
         Side yard (street): same as front
         Rear yard: 5 feet minimum
      d.   Front yard build-to line established. In the GMU-3 District in the front yard, a build-to line is established which provides a minimum and maximum front setback for buildings and other structures, from the right-of-way or property line. For parking, the minimum setback applies, but not the maximum. There are 3 build-to line conditions depending on the streets as described below. The location of these build-to line conditions for various streets corresponds with the illustrated Framework Plan contained in the 2030 Comprehensive Plan.
         1.   Build-to line, Baxter Avenue. The minimum setback shall be 15 feet and the maximum shall be 20 feet from the right-of-way or property line, for all properties located on Baxter Parkway (to accommodate for pedestrian promenade, streetscaping)
         2.   Build-to line, Robinson Avenue. The minimum setback shall be 0 feet and the maximum shall be 10 feet from the right-of-way, for all properties located on Baxter Parkway (to accommodate Main Street feel buildings should be located at the right -of-way)
         3.   Build-to line, secondary roads. The minimum setback may range from 0 feet to 10 feet with 10 feet serving as the maximum from the right-of-way or property line, for all properties on remaining secondary streets not identified in items 1 and 2 above.
      e.   Minimum lot size requirements. The following minimum requirements shall be observed in the GMU-3 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
         1.   Minimum lot requirements:
            (a)   Lot size: no minimum for non-residential uses
            (b)   Residential parcels shall maintain a lot width that is adequate for the design of the structure.
      f.   Site design:
         1.   Building frontage. At least 65% of the street frontage of any lot shall be occupied by building facades at the build-to- line. In addition, on corner lots, a minimum of the first 50 feet of the lot frontage on either side of a street intersection must be occupied by buildings set at the property line. Parking or other space open to the sky is not allowed within this first 50 feet.
         2.   On lots with more then one street frontage (corners), the building shall be located to meet the 65% street frontage requirement on both streets.
         3.   The building frontage requirement may be met either with an enclosed building or an arcade constructed with a permanent roof of the same materials as the remainder of the building.
         4.   At least the first and second floor must meet the building frontage requirement. Arcades at street level and terracing of building facades above the second floor are encouraged.
         5.   Buildings with frontage on a primary street shall orient front facades parallel to the primary street.
         6.   Align the building front facade with adjacent buildings to promote visual continuity from the public right-of-way, unless site or use constraints are prohibitive.
         7.   Buildings shall have a clearly defined primary pedestrian entrance at street level.
         8.   Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located to the side or rear of a building.
         9.   Maximum impervious coverage. The total lot coverage shall not exceed 80% impervious.
      g.   Building heights
         1.   The minimum building height shall be 25 feet or two stories while the maximum building height on all buildings shall be 45 feet or 4 stories.
   (8)   Parking requirements.
      a.   Parking for residential units in the GMU-3 District shall be calculated as required in Section 1001.19 with a preference for. a minimum of 50% be provided underground (or tuck under in townhomes with a minimum of 480 square foot garage). The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement.
      b.   Parking for non-residential uses in the GMU-3 District shall be calculated under Section 1001.19: Shared parking arrangements as provided in 1001.19 are encouraged provided that such shared parking is fully connected between sites for automobiles and pedestrians. On-grade parking is prohibited in the front yard directly in front of a building. Parking, shall be provided to the side or rear of buildings in mid-block areas. On-street parking shall count towards required parking.
      c.   Wherever a surface parking area faces a street frontage the maximum width shall be 65 feet as measured at the lot frontage. In addition, such frontage shall be screened with a decorative wall, railing, hedge, or a combination of these elements to a minimum height of 2 1/2 feet and a maximum height of 3 1/2 feet above the level of the parking lot at the build to line.
      d.   A reduction of up to 10% in the number of required off-street parking spaces may be approved by the Zoning Administrator in the case of shared parking areas between abutting uses.
      e.   On-street parking shall count towards required parking.
   (9)   Building design requirements. To maintain the character of the mixed use area the GMU-3 District is subject to the following standards to reflect the character of the District.
      a.   All new building fronts shall include a minimum of 5 of the following elements:
         1.   Architectural detailing, such as cornice, awning, parapet, or columns;
         2.   A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street;
         3.   A minimum of 30% window coverage on each front that faces a street;
         4.   Contrasting, yet complementary material colors;
         5.   A combination of horizontal and vertical design features;
         6.   Irregular building shapes;
         7.   Horizontal offsets of at least 4 feet in depth;
         8.   Vertical offsets in the roofline of at least 4 feet;
         9.   Fenestration at the first floor level which is recessed horizontally at least 1 foot into the facade;
         10.   Other architectural features in the overall architectural concept.
      b.   Multi-story buildings shall have the ground floor distinguished from the upper floors by having 1 or more the following:
         1.   Awning
         2.   Trellis
         3.   Arcade
         4.   Window lintels
         5.   Intermediate cornice line
         6.   Brick detailing such as quoins or corbels
      c.   Residential uses on first floors. Whenever residential uses are included on the first floor of a building the first floor elevation shall be stepped up from sidewalk elevations immediately adjacent to the front of the residential unit to ensure the residential unit is raised from the public space. In addition, each first floor unit must have an individual private entrance at the street level with private courtyard enclosure.
      d.   Any exterior building wall adjacent to or visible from a public street, public open space or abutting property may not exceed 50 feet in length without significant visual relief consisting of one of the following:
         1.   The facade shall be divided architecturally by means of significantly different materials or textures;
         2.   Horizontal offsets of at least 4 feet in depth;
         3.   Vertical offsets in the roofline of at least four feet; or
         4.   Fenestration at the first floor level that is recessed horizontally at least 1 foot into the facade.
      e.   Other design requirements.
         1.   All principal buildings shall have an entry on a street.
         2.   Buildings shall provide a base and top to their architecture.
         3.   The tops of buildings shall be articulated to minimum the "box" like images.
         4.   Buildings shall be architecturally unique and shall not be of a corporate architecture (including roof patterns, corporate colors, architectural elements, and similar treatments).
      f.   Accent materials. Accent materials shall be wrapped around walls visible from public view. Where a mixed use building is visible from a public road all elevations shall be architecturally treated. Accent material shall consist of materials comparable in grade and quality to the primary exterior material. Such materials may include glass, prefinished decorative metal and fiber cement trim within soffit and fascia areas.
      g.   Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.
      h.   Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a-major exterior wall material and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems and fiber cement siding that may be painted.
   (10)   Screening.
      a.   Building mechanical equipment. The view of all roof-top equipment and related piping, ducting, electrical and mechanical utilities abutting a street shall be screened from ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term "ground level view" shall be defined as the view of the building from the furthest point of the width of the right-of-way from the property line(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
      b.   Ground mechanical-equipment. Ground mechanical equipment shall be one 100% screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.
      c.   Trash enclosure service structure. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.
      d.   Outdoor storage. There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit.
      e.   External loading and service areas. External loading and service areas must be 100% screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.
      f.   Abutting districts. Wherever a GMU-3 District is across the street from an R Residential District, a berm, fence or screening consisting of compact evergreen trees or hedge or a combination thereof, not less than 90% opaque at time of installation, nor less than 6 feet in height, except adjacent to a street where it shall be not less than 3 feet nor more than 4 feet in height shall be erected or installed and maintained. All screening shall comply with Section 1001.24.
      g.   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential windows.
   (11)   Lighting. In addition to the lighting requirements presented in Section 1001.14, lighting in the GMU-3 District shall also be subject to the following requirements:
      a.   Decorative style lighting a maximum of 14 feet in height shall be used to illuminate all site areas with the exception of parking areas.
      b.   Shoe-box style lighting shall only be permitted in parking areas.
      c.   Lighting fixtures shall be compatible with the architecture of the building.
      d.   Wall-mounted lighting shall be used on building fronts to illuminate entry points and highlight architectural features.
   (12)   Landscape design. In addition to the landscape requirements presented in Section 1001.24 all plant materials shall be used to create a unified and attractive mixed use environment based on the following requirements.
      a.   All land area not occupied by buildings, parking, driveways, sidewalks, or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees.
      b.   At least 10% of the total land area within the perimeter of private parking and driveway areas shall be landscaped. Landscaped areas provided within the build-to line may be credited toward this 10% landscaping requirement on a square-foot-for-square-foot basis, for up to half of the 10% requirement, or 5%.
      c.   Parking lot landscaped islands shall be a minimum of 150 square feet in area and include at least 1 overstory or evergreen tree meeting the requirements of this Chapter.
      d.   Where parking abuts the site perimeter there shall be provided at least 1 overstory tree per 25 feet of site perimeter.
      e.   At least 1 overstory tree shall be provided for every 500 square feet of landscaped area on the entire site.
      f.   The landscape plan shall include a full complement of overstory, ornamental and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest.
   (13)   Plazas.
      a.   All properties with principal buildings in excess of 30,000 square feet shall be required to have a public plaza area(s).
      b.   The design of the plaza shall include special paving, benches, trash receptacles, lighting fixtures and other similar type features which comply with the Comprehensive Plan and City specifications.
   (14)   Signage. Signs in the GMU-3 District shall also be subject to the standards in Section 1001. Freestanding signs are prohibited in the GMU-3 District, except directional signs at driveways and within parking areas.
   (15)   Pedestrian environment. Pedestrian connections to the surrounding neighborhood shall be incorporated into the neighborhood commercial development.
      a.   Pedestrian amenities shall be included in places where people typically gather, including but not limited to, transit stops, building entrances or street corners or abutting bike or pedestrian trail connections. These amenities shall benefit the intended users and be located in places that are highly visible. These spaces must include at least two of the following (master planned developments shall provide two elements in a central location):
         1.   Patterned materials on walkways.
         2.   Shelters.
         3.   Trash receptacles.
         4.   Drinking fountains.
         5.   Pedestrian lighting.
         6.   Fountains, sculptures, or kiosks.
         7.   Street trees, flower boxes or container landscaping.
      b.   Sidewalk connections shall be provided to and through the development to existing and planed bus stops, trails, sidewalks and adjacent properties, where access exists or reasonable connections are possible. If a parking lot lies between the building entry and an adjacent public street, a pedestrian walkway at least six feet wide shall be provided between them. Clear internal pedestrian circulation routes shall be provided on the site.
   (16)   Outdoor seating for food service businesses.
      a.   Food service businesses, including but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor temporary seating for their patrons, provided that the following requirements are met and an annual incidental outdoor seating permit is approved by the Zoning Administrator:
         1.   The seating shall be located on private property.
         2.   The seating shall be of good patio or café type furniture that enhances the appearance of the business.
         3.   The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by City staff.
         4.   No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City staff.
         5.   Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full service restaurants with wait staff service.
         6.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, seating shall be located so as to leave a minimum of a 4 foot wide passageway for pedestrians.
         7.   No additional parking is required for 30 seats or less. If public parking is available either in a ramp or adjacent on-street, then no additional parking is required. Any additional seating over 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by-staff.
         8.   Any proposed outdoor seating plan over 50 or more seats shall be by Conditional Use Permit.
         9.   All exterior sound equipment shall be shutoff at 10:00 p.m. as regulated in Section 1001.14.
         10.   Lighting shall be permitted to the extent that it only illuminates the designed area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area or as permitted in Section 1001.14.
         11.   Any proposed outdoor seating area on property abutting an R-Residential zoning district shall be by Conditional Use Permit.
         12.   The business owner shall regularly clean the seating area so that it is litter-free.
(Ord. 2011-02, passed 2-22-2011)

Subd. 4 General Mixed Use District-4 (GMU-4): Balsam Lane.

         (1)   Purpose. The purpose of the General Mixed Use-4 (GMU-4) District is to provide an area for mixed-use development in a manner consistent with the goals of the Comprehensive Plan and the Mixed Use land use designation on Balsam Lane. A combination of retail, office, service and residential land uses are encouraged although not required. New residential uses may also be entirely residential. The mix of uses can occur vertically and horizontally. The placement of buildings and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU-4 District.
         (2)   Permitted uses. The following uses are permitted uses in the GMU-4 District:
            Existing uses at the time of adoption of this subsection
            Commercial day care center or pre-school
            Convenience store without motor fuel sales
            Convenience store with motor fuel sales meeting the following standards:
            1.   Canopy height: The total height of any overhead canopy or weather protection shall not exceed 20 feet in height.
            2.   Vehicle storage: No vehicle storage is permitted on site.
            3.   Sales, rentals prohibited: No sales or rental of motor vehicles or trailers or campers shall be permitted.
            4.   Goods for sale: All goods for sale by a motor fuel station convenience store other than commercial freezers for ice and petroleum based products required for the operation and maintenance of motor vehicles shall be displayed within the principal motor fuel station structure. No displays shall be permitted in required parking or driveway areas, landscape areas, required setback areas, or any right- of-way or other public property. Displays may be permitted on sidewalks, only if they leave at least 4 feet of sidewalk width available to pedestrians.
            5.   Landscaping: A minimum 10-foot landscaped yard shall be planted and maintained behind the property line along all public streets, A landscaped yard not less than 5 feet wide shall be maintained along exterior property lines.
            6.   Motor fuel dispenser location: Motor fuel dispensers shall be located at least 30 feet from a property line, and 100 feet from a residential zoning district property property line.
            7.   Hours of operation: The hours of operation for a convenience store shall be limited to 6:00 a.m. to 11:00 p.m., unless extended by the Council as part of the conditional use permit.
            8.   All canopy lighting for motor fuel station pump islands shall be recessed or fully shielded. Pole lighting shall be downcast shielded lights on all faces. Reflected glare or spill light from all exterior shall not exceed 0.5 foot-candle measured on the property line when adjoining residential zones and 1 foot-candle measured on the property line when such line adjoins a similar zone and land use. Headlights shall be 100% screened at the property lines.
            Dwelling, multiple family (apartment, condominium, cooperative, townhome) at a minimum of 8 units per acre.
            Financial institutions (no drive-through)
            Fitness center, health club
            Food service uses (coffee shop, deli, and restaurant with no drive-through)
            General office uses
            General retail and services (without drive-through)
            Lodging (Hotel)
            Personal services (such as beauty shops, barber, spa, tailoring)
            Professional and medical office and clinics
            Public uses and services (post office, municipal buildings, and library)
            Specialty schools
         (3)   Permitted accessory uses. The following uses are permitted accessory uses in the GMU-4 district:
            Any incidental repair or processing necessary to conduct a permitted principal use as long as it does not occupy more than 30% of the gross floor area of the principal building.
            Bus/Transit and Park and Ride facility
            Essential service structure
            Off-street parking and loading spaces as related in this Title
            Public open space plazas, square or other related uses
            Outdoor seating accessory to a restaurant, coffee shop or deli meeting the requirements in Section 12 below
            Signs as related in this Title
            Trash enclosure service structure
            Structured parking
         (4)   Conditional uses. The following uses are permitted upon issuance of a conditional use permit:
            Drive-through for permitted uses (food service uses, general retail and financial institutions) if provisions for stacking, vehicle maneuvering, outdoor speaker devices, appearance and lighting of outdoor menu boards and other related matters can be shown to be in keeping with the intent and character of the GMU-4 district and compatible with surrounding uses.
            Tavern or liquor store
            Theatre
            Veterinary clinic, indoor kennel, pet grooming
         (5)   Interim uses. The following uses are interim uses in the GMU-4 district.
            Farmers market
         (6)   Lot size, setback, site design and height requirements:
            a.   Minimum lot size requirements: The following minimum requirements shall be observed in the GMU-4 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
               1.   Minimum lot requirements:
                  (a)   Lot size: no minimum for non-residential uses.
                  (b)   Residential parcels shall maintain a lot size that is adequate for the design of the structure and proposed density.
               2.   Setbacks:
                  (a)   Front-build-to-line. 15 feet minimum with a 30 feet maximum.
                  (b)   Side. Non-residential uses: 10 feet; residential uses: 20 feet.
                  (c)   Rear. Non-residential uses: 10 feet; residential uses: 20 feet.
               3.   Site design:
                  (a)   Building frontage: At least 50% of the street frontage of any lot shall be occupied by building facades at the build-to-line.
                  (b)   The building frontage requirement may be met either with an enclosed building or an arcade constructed with a permanent roof of the same materials as the remainder of the building.
                  (c)   Buildings with frontage on a primary street shall orient front facades parallel to the primary street.
                  (d)   Buildings shall have a clearly defined primary pedestrian entrance at street level. An exception will be permitted for residential uses to orient the primary entrance to the parking area while a secondary pedestrian entrance is provided at the street level.
                  (e)   Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located to the side or rear of a building.
               4.   Building heights.
                  (a)   The maximum building height shall be 3 stories (excluding underground parking). Any building height over 2 stories shall be by conditional use permit (CUP).
         (7)   Parking requirements.
            a.   Parking for residential units in the GMU-4 District shall be calculated as required in Section 1001.19 with a minimum of 50% of the required spaces provided underground (or tuck under in townhomes with a minimum of 480 square foot garage). The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement.
            b.   Parking for non-residential uses in the GMU-4 District shall be calculated under Section 1001.19.
            c.   To the extent practical, parking spaces shall be located on the side of structures opposite the primary street frontage or at the rear.
            d.   Sites must be designed to create interrelated vehicular and pedestrian access to adjacent uses, properties and streets.
            e.   Parking and drive aisle setbacks for side and rear yards shall be 5 feet.
         (8)   Building design requirements. To maintain the character of the mixed use area the GMU-4 District is subject to the following standards to reflect the character of the District.
            a.   All new building fronts (single story or multi-story) shall include a minimum of 3 of the following elements:
               1.   Architectural detailing, such as cornice, awning, parapet, or columns;
               2.   A visually pleasing primary front entrance that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this area shall be counted as one element). Entrances shall be clearly articulated and obvious from the street;
               3.   A minimum of 25% window coverage on each front that faces a street;
               4.   Contrasting, yet complementary material colors;
               5.   A combination of horizontal and vertical design features;
               6.   Irregular building shapes;
               7.   Horizontal offsets of at least 4 feet in depth;
               8.   Vertical offsets in the roofline of at least 4 feet;
               9.   Fenestration at the first floor level which is recessed horizontally at least 1 foot into the facade;
               10.   Other architectural features in the overall architectural concept.
            b.   Non-residential multi-story buildings shall have the ground floor distinguished from the upper floors by having 1 or more the following:
               1.   Awning;
               2.   Trellis;
               3.   Arcade;
               4.   Window lintels;
               5.   Intermediate cornice line;
               6.   Brick detailing such as quoins or corbels.
            c.   Large, uninterrupted exterior wall surfaces are not permitted. No wall shall have an uninterrupted length exceeding 100 feet, without including at least 2 of the following: changes in roof plane, changes in color, texture, materials or masonry pattern, windows, or an equivalent element that visually subdivides the wall. In addition to these aforementioned elements, additional landscaping may be required.
            d.   Other design requirements.
               1.   Buildings shall provide a base and top to their architecture.
               2.   The tops of buildings shall be articulated to minimize the "box" like images.
               3.   Standard corporate style architecture shallbe minimized at the discretion of the City Council.
            e.   Roof-mounted mechanical equipment, vents, and stacks shall be minimized and positioned so that they will not be seen from public rights-of-way or adjacent properties. If that is not possible, and the equipment is visible from public rights-of-way or adjacent properties, the equipment shall be screened with parapet walls or encasements colored similar to the building in a manner that eliminates reflections.
            f.   Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical, horizontal or lap panel siding architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.
            g.   Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems and fiber cement siding that may be painted.
         (9)   Screening.
            a.   Ground mechanical equipment. Ground mechanical equipment shall be 100% screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.
            b.   Trash enclosure service structure. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.
            c.   Outdoor storage. There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit.
            d.   External loading and service areas. External loading and service areas must be 100% screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.
            e.   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential windows.
         (10)   Lighting.
            a.   Decorative style downcast lighting a maximum of 20 feet in height shall be used to illuminate all site areas. Shoe-box style shall be permitted in parking areas.
            b.   Lighting fixtures shall be compatible with the architecture of the building.
            c.   Wall-mounted lighting shall be used on building fronts to illuminate entry points and highlight architectural features.
         (11)   Signage. Signs in the GMU-4 district shall also be subject to the standards in Section 1001.
         (12)   Outdoor seating for food service uses.
            a.   Food service businesses, including but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor temporary seating for their patrons, provided that the following requirements are met and an annual incidental outdoor seating permit is approved by the Zoning Administrator:
               1.   The seating shall be located on private property.
               2.   The seating shall be of good patio or cafe type furniture that enhances the appearance of the business.
               3.   The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by City staff.
               4.   No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City staff.
               5.   Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full service restaurants with wait staff service.
               6.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, seating shall be located so as to leave a minimum of a 4-foot wide passageway for pedestrians.
               7.   No additional parking is required for 30 seats or less. If public parking is available either in a ramp or adjacent on-street, men no additional parking is required. Any additional seating over 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by staff.
               8.   Any proposed outdoor seating plan over 50 or more seats shall be by Conditional Use Permit.
               9.   All exterior sound equipment shall be shut-off at 10:00 p.m. as regulated in Section 1001.14.
               10.   Lighting shall be permitted to the extent that it only illuminates the designed area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area or as permitted in Section 1001.14.
               11.   Any proposed outdoor seating area on property abutting an R-Residential zoning district shall be by Conditional Use Permit.
               12.   The business owner shall regularly clean the seating area so that it is litter-free.

Subd. 5 General Mixed Use District-5 (GMU-5): Southwest Mixed-Use.

         (1)   Purpose. The purpose of the Southwest Mixed-Use District (GMU-5) is to provide an appropriate location to allow a diverse mix of compatible uses including high density residential, commercial, office, and employment driven industrial related uses. Properties zoned for GMU-5 sit adjacent to I-94/Dayton Parkway Interchange and Dayton Parkway and are envisioned to serve as a gateway to the City. Vertical development is highly encouraged when appropriate for the use. The mix of uses can occur vertically and horizontally. The placement of buildings and the relationship of the building, parking, landscaping, and pedestrian spaces is essential to creating the pedestrian-friendly environment envisioned for the GMU-5 District.
         (2)   Design character. Although development in this mixed-use district will be more auto-oriented in design, pedestrian connections and amenities will still be required to provide connections to transportation corridors and adjacent uses while providing for safe pedestrian circulation within the site and between sites. Landscaping, signage, and architectural details shall be used to unify sites within the General Mixed Use-5 area.
         (3)   Planned unit development (PUD) required. All development within the GMU-5 District shall be by PUD following Section 1001.10 as may be amended from time to time. During the review of the PUD, uses will be considered using the GMU-5 list of underlying uses as proposed on a parcel and how the use relates to overall purpose and character of the district. Additional uses may be considered as part of a PUD request. Parcels shall develop considering adjacent parcels for access, location of buildings, parking, and overall circulation and function.
         (4)   Permitted uses. The following uses shall be considered through PUD application process:
            Residential uses:
            Dwelling, multiple family stacked (apartment, condominium, cooperative) at a minimum of 12 units per acre and minimum height of 3 stories or greater;
            Senior citizen housing/residential care facility;
            Commercial uses:
            Bank, credit unions, and other financial institutions with or without drive-through; Stacking and design shall comply with Section 1001.19;
            Brewery with tap room:
            1.   Limited to 20,000 barrels produced a year;
            2.   The taproom shall be located in the primary street storefront of the building;
            3.   This use may also include associated facilities such as offices and small-scale warehousing, distribution limited to van and small trucks, and shall be accessed from the rear and not be visible from the frontage street.
            Business, trade, or non-academic colleges operated for profit;
            Commercial indoor recreation facilities;
            Daycare facility;
            Distillery (with tasting room):
            1.   The tasting room shall be located in the primary street storefront of the building;
            2.   This use may also include associated facilities such as offices and small-scale warehousing, distribution limited to van and small trucks, and shall be accessed from the rear not visible from the frontage street.
            Fitness Center;
            Hotel;
            Retail and service shops with or without drive-through. Stacking and design shall comply with Section 1001.19;
            Restaurants Class I, II, and III, no drive-through;
            Restaurants Class IV, drive-through stacking and design shall comply with Section 1001.19;
            Motor fuel station/convenience store with no overnight parking including semi-trucks meeting the requirements in Section 1001.06 Subd. 2(1). Hours of operation shall be determined as part of the PUD approval;
            Professional services (e.g. financial planning, legal practices, etc.);
            Office uses:
            Government buildings where the use conducted is primarily for office uses;
            Offices, administrative/commercial;
            Offices and medical centers, clinics, etc. for human care;
            Offices and medical centers, clinics, etc. for animal care;
            Industrial driven employment uses:
            Research and development;
            Manufacturing and/or assembly;
            Showroom (indoor only; no vehicles permitted);
            Warehousing (limited to 50% of gross floor area). For all industrial driven employment uses the following conditions shall apply:
            1.   All loading and service areas shall be adequately screened from public view and service traffic separated from employee/visitor traffic;
            2.   No dock doors facing I-94 or Dayton Parkway;
            3.   No outdoor storage.
         (5)   Permitted accessory uses. The following uses are permitted accessory uses in the GMU-5 District:
            a.   Bus/transit and park and ride facilities;
            b.   Essential service structure;
            c.   Outdoor seating accessory to a restaurant meeting the requirements in Subdivision (14);
            d.   Public open space plaza, square or other related uses;
            e.   Signs as regulated in this Chapter;
            f.   Structured parking;
            g.   Trash enclosure service structure;
         (6)   Site design. Site Plans will be reviewed as part of the PUD review process with consideration of the following:
            a.   Orient and consolidate structures to complement existing, adjacent development to create a coordinated and visually attractive mixed-use setting.
            b.   Site planning shall respect the relationship of the site to the existing and proposed buildings and streets and major roadways, including Interstate 94 and Dayton Parkway.
            c.   Buildings with frontage on a primary street shall orient front facades parallel to the primary street. Buildings shall be setback a minimum of 20 feet from public roadways.
            d.   Align the building front facade with adjacent buildings to promote visual continuity from the public right-of-way, unless site or use constraints are prohibitive.
            e.   Buildings shall have a clearly defined primary pedestrian entrance at street level. Parking lots should be situated internally and not fronting Dayton Parkway.
            f.   Drive-through or drive-in lanes are not allowed within the front of any buildings. They must be located to the side or rear of a building. Stacking and design shall comply with Section 1001.19.
            g.   Maximum impervious coverage. The total lot coverage shall not exceed 80% impervious.
            h.   No dock doors and/or loading bays shall be oriented as to face Interstate 94, Dayton Parkway, or any street defined as an arterial or collector.
            i.   Multiple principal buildings on a single parcel must be designed to complement each other and must be built of similar materials. Emphasis on building position may be made to give visual interest.
         (7)   Parking requirements.
            a.   Parking for residential units in the GMU-5 district shall be provided underground or interior to the principal building and shall be calculated as required in Section 1001.19. The residential parking spaces shall be specifically reserved for the use of residents and visitors only, separate from any commercial, office or other uses on-site or nearby and shall not be counted as part of any shared parking or joint parking arrangement.
            b.   Parking for non-residential uses in the GMU-5 district shall be calculated under Section 1001.19. Shared parking arrangements as provided in Section 1001.19 are encouraged provided that such shared parking is fully connected between sites for automobiles and pedestrians.
         (8)   Building design requirements. To maintain the character of the mixed-use area the GMU-5 District is subject to the following standards to reflect the character of the district:
            a.   Minimum design elements:
               1.   Architectural detailing;
               2.   A visually pleasing primary front entrance that is clearly articulated and obvious from the street;
               3.   A minimum of 30% window coverage on each front that faces a street;
               4.   Contrasting, yet complementary materials and colors.
            b.   Additional design elements that will be evaluated with the PUD:
               1.   First floor commercial in residential;
               2.   Two stories or greater for office uses;
               3.   A combination of horizontal and vertical design features;
               4.   Irregular building shapes;
               5.   Other architectural features in the overall architectural concept.
            c.   Multi-story buildings shall have the ground floor distinguished from the upper floors by having one or more the following:
               1.   Awning;
               2.   Trellis;
               3.   Arcade;
               4.   Window lintels;
               5.   Intermediate cornice line;
               6.   Brick detailing such as quoins or corbels.
            d.   All exterior building walls adjacent to or visible from a public street, public open space or abutting property may not exceed 50 feet in length without significant visual relief consisting of one of the following:
               1.   Facade materials. Buildings shall exhibit variation and detail in their facades, including high-quality materials;
               2.   Horizontal offsets of at least 4 feet in depth;
               3.   Vertical offsets in the roofline of at least 4 feet; or
               4.   Fenestration at the first-floor level that is recessed horizontally at least 1 foot into the facade.
            e.   Other design requirements.
               1.   All principal buildings shall have an entry on a street.
               2.   Buildings shall provide a base and top to their architecture.
               3.   The tops of buildings shall be articulated to minimize the box-like images.
            f.   Accent materials. Accent materials shall be wrapped around walls visible from public view. Where a building is visible from a public road all elevations shall be architecturally treated. Acceptable accent materials include rock face concrete block and architectural metal. Other materials may be permitted at the City’s discretion through the site plan review process if they are consistent with the surrounding environment and the purpose of this Section.
            g.   Major exterior materials of all walls includes face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding. Employment uses major exterior materials may also include architectural concrete and precast panels when they are incorporated into an overall design of the building. Major materials must cover at least 60% of the exterior.
            h.   Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material and shall be required to be sealed. All materials shall be color impregnated with the exception of architectural concrete precast panel systems and fiber cement siding which may be painted.
            i.   Restricted exterior materials. Unadorned pre-stressed concrete panels, whether smooth or raked, non-decorative concrete block, sheet metal, unfinished metal and/or galvanized and unfinished aluminum surfaces (walls or roofs) shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings. No more than 25% of any exterior wall on a building shall be fiber cement siding, wood or metal accent material.
            j.   Building roofs. Mansard or mansard style roofs are not permitted except for mansard style cornices. Acceptable designs include flat, pitched or curved. Building roof styling shall incorporate a minimum of 1 of the following elements:
               1.   Parapets or cornices;
               2.   Varying building height and variety of roof lines while meeting requirements in Section 6(C) Building Heights.
         (9)   Screening.
            a.   Building mechanical equipment. The view of all roof-top equipment and related piping, ducting, electrical and mechanical utilities abutting a street shall be screened from ground level view. Screening may include parapet walls, penthouses, or other architecturally integrated elements. Wood fencing or chain link with slats shall not be used for screening. The term “ground level view” shall be defined as the view of the building from the furthest point of the width of the right-of-way from the property line(s) that abut a street. A cross-sectional drawing shall be provided that illustrates the sight lines from the ground level view.
            b.   Ground mechanical equipment. Ground mechanical equipment shall be 100% screened from contiguous properties and adjacent streets by opaque landscaping, or screen wall compatible with the architectural treatment of the principal structure.
            c.   Trash enclosure service structure. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building.
            d.   External loading and service areas. External loading and service areas, including dock doors, must be adequately screened from the ground-level view from adjacent properties and streets, except at access points. No dock doors shall face I-94 or Dayton Parkway.
            e.   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential windows.
         (10)   Lighting. In addition to the lighting requirements presented in Section 1001.14, lighting in the GMU-5 District shall also be subject to the following requirements:
            a.   Decorative style lighting a maximum of 14 feet in height shall be used to illuminate all site areas with the exception of parking areas;
            b.   Shoe-box style lighting shall only be permitted in parking areas;
            c.   Lighting fixtures shall be compatible with the architecture of the building;
            d.   Wall-mounted lighting shall be used on building fronts to illuminate entry points and highlight architectural features;
            e.   Downcast or shielded lighting shall be used on all fixtures to limit light pollution.
         (11)   Landscape design. In addition to the landscape requirements presented in Section 1001.24 all plant materials shall be used to create a unified and attractive mixed use environment.
            a.   Planting areas should be located and designed to avoid visual interference with public signage, intersections, and private commercial communication;
            b.   Plant materials shall be arranged to provide focal points on the site, and concentrated to signify key site locations such as the primary building entrance, site entrance, around signage, along pedestrian walkways, and along the perimeter of the building.
         (12)   Signage. Signs in the GMU-5 District shall be subject to requirements in Section 1001.20.
         (13)   Pedestrian environment. Pedestrian connections to the surrounding neighborhood shall be incorporated.
            a.   Sidewalk connections shall be provided to and through the development to existing and planned bus stops, trails, sidewalks and adjacent properties, where access exists or reasonable connections are possible. If a parking lot lies between the building entry and an adjacent public street, a pedestrian walkway at least 6 feet wide shall be provided between them. Clear internal pedestrian circulation routes shall be provided on the site;
            b.   Sidewalks shall be provided along all streets. Sidewalks shall also connect individual developments within the district;
            c.   Streetscape improvements.
         (14)   Outdoor seating for food service businesses. Food service businesses, including but not limited to, bakeries, delicatessens, coffee and/or tea shops, and restaurants, breweries and distilleries may provide outdoor temporary seating for their patrons, provided that the following requirements are met, and an annual incidental outdoor seating permit is approved by the City Planner:
            a.   The seating shall be located on private property;
            b.   The seating shall be of good patio or café type furniture that enhances the appearance of the business;
            c.   The outdoor seating area shall be defined with the use of landscaping, temporary fencing or other means that contains the tables and chairs for the use as demonstrated on a site plan and approved by City Staff;
            d.   No alcoholic beverages or food shall be served to persons outside of the designated outdoor seating area. Signage shall be posted that restricts consumption of alcohol outside of the designated outdoor seating area as approved by City Staff;
            e.   Patrons shall access the outdoor seating area through the main entrance or host station and shall be seated by a staff person and all full-service restaurants with wait staff service;
            f.   The seating shall be located so as not to compromise safety. Seating shall not obstruct the entrance or any required exits or be located on landscaping or parking areas. If located on private sidewalks or walkways, seating shall be located so as to leave a minimum of a 4 foot wide passageway for pedestrians;
            g.   No additional parking is required for 30 seats or less. If public parking is available either in a ramp or adjacent on-street, then no additional parking is required. Any additional seating over 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by staff;
            h.   Any proposed outdoor seating plan over 50 or more seats shall be by Conditional Use Permit;
            i.   All exterior sound equipment shall be shutoff at 10:00 p.m. as regulated in Section 1001.14;
            j.   Lighting shall be permitted to the extent that it only illuminates the designed area. Lighting cannot shine or cause a glare upon other public or private property outside the designated area or as permitted in Section 1001.14;
            k.   The business owner shall regularly clean the seating area so that it is litter-free.
(Ord. 2011-02, passed 2-22-2011; Am. Ord. 2016-01, passed 1-12-2016; Am. Ord. 2021-21, passed 12-14-2021; Am. Ord. 2022-01, passed 1-11-2022)