The RMU district is established in order to:

(1)

Ensure development that is consistent with neo-traditional planning practices, which are often defined by pedestrian-oriented buildings, interconnected streets, a mix of uses and housing types, and a compact walkable scale.

(2)

Help create a compact, dense, and distinguishable core area;

(3)

Provide for an urban form allowing mid-rise structures;

(4)

Encourage multiple uses within the same structure; and

(5)

Include street oriented activity and pedestrian amenities at the street level of structures.

(Ord. No. 2008-13, § 1, 11-4-2008)

As used in this article, unless specifically stated otherwise, the following terms shall be defined as indicated, and where any definition herein conflicts with another definition in the city zoning ordinance, the definition contained herein shall prevail:

Build-to line: The line generally parallel to the front lot line along an existing public street to which buildings shall enfront to the extent identified in this article. It is a requirement, not a permissive minimum, as is a setback, however, where a minimum and maximum build-to line exists, the building may enfront any where between the two lines. The line shall be measured from the back of the sidewalk clear zone along all street frontages and not from the front lot line. For the purposes of this article, the build-to line shall exist even when not enfronted by a building.

Day spa: A business location where massages by certified masseurs, makeovers, body wrapping, hair removal, saunas, manicures, pedicures, and nonsurgical cosmetic procedures are performed. Any combination of at least three or more of the above-listed uses shall occur at the location for said location to be considered a day spa. All such businesses shall comply with applicable state licensing regulations.

Dwelling, live-work: A one-family attached dwelling unit of at least two stories that contains a commercial component of not more than the lesser of 600 square feet in floor area or 40 percent of the dwelling's total floor area. Said commercial component shall be limited to the ground floor of the dwelling unit, shall be covered by separate lease; shall be adjacent to the supplemental area; shall be limited to the permitted business and professional offices/agencies, retail and restaurant uses contained in section 93-11.5-3; and shall be the place of employment for no more than two persons, one of whom shall be a resident thereof. For the purposes of this article, a live-work dwelling shall not be a single structure containing a multifamily dwelling unit and a commercial use arranged vertically unless both dwelling and commercial use share a common kitchen, utilities, and common deed or lease.

Enfront: To place an element such as a building along a build-to line.

Master planned development: Any alteration of the natural environment which requires approval of a site plan, construction drawings, or issuance of a development permit in accordance with section 93-2-16. Buildings and structures within master planned developments may be constructed in multiple phases over several years, provided they are in conformance with the intent of the approved master plan.

Supplemental area: The privately held area between the back of the required sidewalk clear zone and the build-to line. Supplemental zones shall only be required along existing public streets.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-11, §§ 1, 2, 7-7-2015; Ord. No. 2016-18, § 9, 8-16-2016)

The following are permitted within the RMU zone:

(1)

Business and professional offices/agencies, including:

a.

Architectural.

b.

Dental.

c.

Engineering.

d.

Graphic arts.

e.

Insurance.

f.

Legal.

g.

Manufacturers' representatives.

h.

Medical clinic, medical or dental laboratory, medical or dental office, surgical center.

i.

Real estate.

j.

Banks and other financial institutions (not including pawnshops, check cashing businesses, title pawn, and payday loans).

k.

Art studios.

l.

Dance studios.

(2)

Playgrounds, parks, and buildings open on a noncommercial basis for recreation only. Uses of this nature are exempt from being within a completely enclosed building.

(3)

Retail; sales, with a maximum floor area of 6,000 square feet, including:

a.

Antique shops.

b.

Book stores.

c.

Baking shops.

d.

Florist shops.

e.

Hobby shops (offering new merchandise).

f.

Jewelry stores (offering new or estate merchandise).

g.

Opticians and optical stores.

h.

Photography stores.

(4)

Retail; sales, with a maximum floor area of 15,000 square feet, including:

a.

Retail; drugstores and pharmacies.

(5)

Personal services, with a maximum floor area of 6,000 square feet, including:

a.

Barbershops, beauty shops, and hair salons.

b.

Laundry and dry cleaning establishments, excluding coin operated laundry, with a maximum floor area of 2,000 square feet.

c.

Tailor shops.

d.

Travel agencies.

(6)

Restaurants or carry-out restaurants but not including drive-through/drive-in restaurants with a maximum size of 6,000 square feet. Such restaurants shall be allowed to operate no more than six billiard tables upon the premises. Drive-through or drive-in restaurants may be allowed through special permit. The desired configuration for a drive-through or drive-in restaurant in this district is not a stand-alone building but rather part of a larger development and the site plan specifically addresses pedestrian orientation and safety.

(7)

Coffee shops, cafes, pastry shops, and similar establishments, with a maximum floor area of 4,000 square feet.

(8)

Churches and other places of worship, subject to the requirements of section 93-2-17.

(9)

Single-family detached dwellings, subject to the density restrictions in subsection (16).

(10)

Single-family attached dwellings with at least two units attached, but no more than 12, and subject to the density restrictions in subsection (16).

(11)

Group homes, subject to the restrictions in section 93-2-19.

(12)

Adult daycare facilities.

(13)

Apartments, subject to the density restrictions in subsection (16).

(14)

Condominiums, subject to the density restrictions in subsection (16).

(15)

Combination of residential and business applications within a single structure provided that each use must have a separate entrance directly accessible from the required sidewalk or within a jointly used lobby.

(16)

Residential density limitations shall be as follows:

a.

The maximum permitted residential density of a master planned development zoned RMU shall not exceed:

(i)

Twenty units/acre for single-family detached;

(ii)

Thirty-six units/acre for single-family attached patio/townhomes and live-work units;

(iii)

Fifty units/acre for multifamily.

In no case shall the maximum combined residential density exceed 75 units per acre, calculated based on the total acreage of the project, including multiple parcels or city blocks.

b.

The residential density of individual parcels or blocks within a master planned development may be greater or less than 75 units per acre, provided the project's combined average maximum permitted residential density shall-not exceed a combined total of 75 units per acre as calculated based on the sum of all residential uses and the total acreage of the project, including multiple parcels or city blocks, but not rail lines, public streets, or other areas not owned by the applicant; and

c.

Any changes to an approved site plan shall require approval of the city planning commission and shall be reviewed based on the geographic extent of the original approved site plan, shall not exceed maximum density requirements of the original application, and shall indicate all built or planned improvements.

(17)

SIC Code 5411 and 5412, grocery stores and food stores, with a maximum floor area of 2,000 square feet.

(18)

Day spas. For the purpose of this section, a spa shall be defined as a business location where massages by certified masseurs, makeovers, body wrapping, hair removal, saunas, manicures, pedicures and nonsurgical cosmetic procedures are performed. Any combination of at least three or more of the above listed uses shall occur in the location. All business shall comply with applicable state licensing regulations.

(19)

Extended-stay hotels, subject to the provisions of sections 93-2-22 and 93-2-23.

(20)

Hotels and motels.

(21)

Veterinarians and animal hospitals.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-11, §§ 3, 4, 7-7-2015; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2016-03, § 7, 3-1-2016; Ord. No. 2016-18, §§ 8, 10, 8-16-2016; Ord. No. 2018-15, § 3, 11-6-2018; Ord. No. 2019-15, § 4, 7-2-2019; Ord. No. 2021-06, § 4, 3-2-2021)

Editor's note— Ord. No. 2016-18, § 10, adopted August 16, 2016, enacted provisions intended for use as subsection (17). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (20).

The following uses are not permitted in any RMU zone:

(1)

Kennels.

(Ord. No. 2015-15, § 17, 8-4-2015)

The following uses require a special use permit, in accordance with section 93-3.2-5 and 93-3.2-6, in any RMU zone:

(1)

Nursing homes.

(2)

Personal care homes, subject to the restrictions in section 93-2-20.

(Ord. No. 2015-15, § 17, 8-4-2015)

All buildings or structures erected, converted or structurally altered shall hereafter comply with the following lot area, yard, and building coverage requirements:

(1)

Lot area and width. The minimum area shall be established by the restriction governing lot coverage, setbacks, height, and parking requirement as found in article 22.1 and set forth herein. Generally, no lot shall have a minimum frontage of less than 20 feet; however, single-family residential lots shall have a minimum frontage of 30 feet.

(2)

Front yard. See subsection (3) below.

(3)

Build-to line. The minimum build-to line shall be zero feet and the maximum shall be 15 feet, provided that the maximum build-to line may be increased as determined to be necessary and advisable by the city planning commission in the course of its site plan review process. In determining such increase, the city planning commission shall consider the size and configuration of the proposed buildings, their relationship to the existing and proposed thoroughfares, their relationship to existing and proposed parks and plazas, the location of existing mature trees, and the supplemental area of adjacent structures. Where the build-to line is modified to provide parks and plazas, said facilities shall be directly accessible to the public during normal city park hours.

(4)

Side yards. There shall be no minimum side yard requirement except as required by subsection (9) for residential zone buffers.

(5)

Rear yards. There shall be no minimum rear yard requirements except as required by subsection (9) for residential zone buffers.

(6)

Distance between buildings. The minimum distance between two buildings on a single lot or on contiguous property shall only be limited by applicable public safety and fire codes.

(7)

Height regulations. For those structures zoned RMU, the maximum permitted height shall not exceed the lesser of six stories or 96 feet.

(8)

Sprinkling standards. All proposed development shall meet applicable sprinkling standards set forth by the National Fire Protection Association (NFPA) and all state and city codes and ordinances.

(9)

Residential buffer. Where any use other than a single-family detached use in this district adjoins a residential zone, all applicable new developments must provide an attractive physical barrier between different zones as necessary to minimize disruptive light, noise, odor, dust, unsightly appearances and intrusive activity relative to the residential zone. A smooth transition to adjacent residential zones shall be ensured by the provision of:

a.

A minimum 15-foot landscaped buffer located within the U-V zone along the district line. Said buffer shall comply with the buffer requirements of chapter 93, article 29. Shrubs, flowers or grasses shall also be provided and maintained to visually screen non-residential areas and provide an attractive boundary that encourages continued investment in the adjacent residential zones.

b.

A permanent opaque wall between six and eight feet in height and faced in wood, stacked stone, brick or hard-coat true stucco. Said wall may be located anywhere within the required landscaped buffer.

c.

The tree spacing and wall placement requirements of subsections a. and b. above may be adjusted by the planning and zoning manager where the applicant wishes to preserve existing specimen trees within the required buffer. This may include alternative arrangements that minimize the impacts of the screening requirements on the health of existing trees.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2020-4, § 7, 1-7-2020)

Editor's note— Ord. No. 2015-15, § 17, adopted August 4, 2015, renumbered the former sections 93-11.5-4—93-11.5-8 as sections 93-11.5-6—93-11.5-10. The historical notation has been preserved for reference purposes.

Supplemental areas shall meet the following requirements:

(1)

The following may not be located in the supplemental area:

a.

Recreational areas and facilities such as swimming pools or tennis courts;

b.

Fences and walls, except up to four feet in height for outdoor dining;

c.

Service elements such as dumpsters, loading docks and similar elements; and

d.

Mechanical features.

(2)

Adjacent to ground floor retail or restaurant uses the supplemental area:

a.

Shall be at the same grade, slope, and cross slope as the adjacent required sidewalk;

b.

Shall be hardscaped for a minimum of 80 percent of its horizontal area with decorative pavers, brick, slate, or stamped or colored concrete, but not asphalt;

c.

Shall be accessible to the general public and may be used for pedestrian amenity elements such as benches, trees, lighting, outdoor dining, merchandise display and potted plants.

d.

Eating places shall be permitted to have an outdoor dining area subject to compliance with the following provisions:

(i)

The outdoor dining area shall not be located in the sidewalk clear area nor shall it obstruct pedestrian movement, fire lanes, access to any business, or areas designated for access by the physically impaired. Outdoor dining within the public right-of-way may not be surrounded by fences or walls and shall utilize movable tables and chairs.

(ii)

The number of seats in the outdoor dining area shall not exceed fifty (50) percent of the number of indoor seats within the eating place.

(iii)

Compliance with applicable state and county health regulations.

(3)

This section shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter.

(4)

Adjacent to ground-floor dwelling units, excluding live-work dwellings, the supplemental area:

a.

Shall be landscaped, except for area used for stoops, porches, wheelchair ramps, or walkways;

b.

Shall be planted with canopy trees, as established in chapter 93, article 29, an average of 30 feet on-center as measured parallel to the front lot line.

c.

Shall be differentiated from the adjacent sidewalk by a continuous wall, fence, hedge, or retaining wall between six and 30 inches in height.

(5)

The supplemental area, when adjacent to ground-floor live-work dwellings or other uses, or when not adjacent to a building, shall be subject to subsections (2) and (4).

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2020-4, § 8, 1-7-2020)

Note— See editor's note at section 93-11.5-6.

Public sidewalks shall be located along all existing and new public and private streets, excluding private alleys. Sidewalks shall be of the widths indicated below and shall consist of two areas: a landscape area and a clear area. The following regulations shall apply to all required sidewalks:

(1)

Sidewalk landscape area requirements.

a.

The landscape area shall have a minimum width of five feet and shall be located adjacent to the curb.

b.

The landscape area may be paved adjacent to on-street parking when located adjacent to ground floor retail, and shall be landscaped in all other areas.

c.

Street trees shall be planted on average 30 feet on center, spaced equal distance between streetlights, and in line with stripes of parallel parking spaces. All newly planted trees shall comply with the requirements of chapter 93, article 29, shall be limbed up to a minimum height of seven feet, and shall be of an appropriate street tree species found in appendix A, attached to the ordinance from which chapter 93, article 29 was derived. The city planning commission may approve an alternate for street tree requirement subject to constraints such as overhead or underground utilities or underground utility easements.

d.

The landscape area is also intended for the placement of street furniture, including utility poles, waste receptacles, fire hydrants, traffic signs, bus shelters, bicycle racks, public kiosks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility as determined by the city.

e.

The landscape area shall be maintained by the adjacent property owner.

f.

Where tree grates are provided they may encroach into the sidewalk clear area a maximum depth of two feet and the landscape area may be reduced by a corresponding depth.

(2)

Sidewalk clear area requirements.

a.

The clear area shall be the portion of the sidewalk reserved for pedestrian passage and unobstructed by permanent objects to a height of eight feet, including, but not limited to, steps and stoops, traffic control boxes, traffic signs, awnings, canopies, and utility structures. The sidewalk clear area shall have a consistent cross slope not exceeding two percent.

b.

No awning or canopy shall extend more than five feet over the clear area.

c.

The sidewalk clear area shall comply with the standards established in chapter 81 (City of Hapeville Architectural Design Standards), section 81-1-6 of the Hapeville Code of Ordinances.

d.

Where property within the district abuts a residential zone without an intervening street, the sidewalk area within 20 feet of such district shall taper when necessary to provide a smooth transition to the existing residential zone sidewalk. In the event that the abutting residential zone has no existing sidewalk, the sidewalk shall taper to a width of six feet, measured from the street curb, or as approved by the city planning commission.

(3)

Paving materials to remain continuous. Any paving materials, including concrete, special pavers, or decorative paving within the landscape area or clear area shall continue across any intervening driveway.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2020-4, § 9, 1-7-2020)

Note— See editor's note at section 93-11.5-6.

In addition to the requirements of article 23 of this chapter, off-street parking and loading, the following requirements shall apply within the RMU district:

(1)

See article 22.1 for minimum parking space requirements.

(2)

See section 93-23-7 of the Hapeville Code of Ordinances for mixed-use developments, which may be reduced as authorized by the board of appeals subject to a shared parking arrangement under the following criteria:

a.

The minimum number of parking spaces for a project where shared parking is proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute (ULI) Shared Parking Report or Institute of Transportation Engineers (ITE) Shared Parking Guidelines. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are limited or not available, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes the use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation.

b.

An applicant shall submit the following information as part of an application to reduce parking requirements and avoid conflicting parking demands:

(i)

A to-scale map indicating location of proposed parking spaces;

(ii)

Hours of business operation of nonresidential parking users;

(iii)

Copies of the legal instrument that authorizes the use of shared parking facilities, which shall be filed with the department of economic development.

c.

Where authorized shared parking exists, and a change affecting the shared use occurs, the applicant shall have up to 30 calendar days to provide the city planning and zoning manager with a valid legal instrument reflecting the modified parking arrangements.

d.

A change to any of the conditions identified in this subsection, except as identified in subsection (2)c. above, shall terminate authorization for shared parking. A shared parking arrangement shall be deemed a condition of the zoning and any modification will require a new site plan, parking plan, and zoning approval.

(3)

Developments are permitted a maximum of two driveway curb cuts per block face. For the purposes of this Section, two curb cuts serving two one-way driveways shall only be counted as one curb cut.

(4)

No curb cuts, driveways or circular drives shall be permitted on South Central Avenue or Atlanta Avenue where access can be provided from a side or rear street.

(5)

Rear alleys or rear drives shall be provided to access attached single-family garages, detached single-family dwelling garages, and commercial loading and service areas.

(6)

Carports shall be prohibited.

(7)

Garages shall not face adjacent streets except where alley or rear drive access is not feasible, in which case such garages shall be set back a minimum of 25 feet from the build-to line. All garage materials shall match those of the principal structure.

(8)

Parking structures shall conceal automobiles from view, shall have the appearance of a horizontal storied building on all levels, shall be faced in brick, stacked stone, cast stone, poured-in-place rubbed concrete, or pre-cast concrete faced in or having the appearance of brick or stacked stone. Parking structures adjacent to the supplemental area shall also meet the requirements of subsection 81-1-6(e) of the Hapeville Code of Ordinances.

(9)

Bicycle or moped parking spaces are required as follows: All nonresidential uses shall provide one such space for every 20 automobile spaces and condominium and apartment uses shall provide one such space for every five units provided that no such uses shall have fewer than two such spaces or be required to exceed 30 spaces. Such spaces shall be located within the sidewalk landscape area a maximum distance of 100 feet from the primary pedestrian entrance, or within the supplemental area and at least as close as the closest automobile space, except for handicapped parking spaces. Bicycle parking spaces shall include a bike rack with a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock.

(10)

Dumpsters shall be entirely screened from view of any street with vertically enclosed opaque walls matching the materials of the principal structure. Dumpsters shall not be permitted between a primary building and a public street.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015)

Note— See editor's note at section 93-11.5-6.

In addition to the requirements of chapter 93, article 29, and section 93-23-18 of this Code, master planned developments in excess of two acres shall be required to provide and maintain a minimum of 20 percent greenspace/open space. Calculations for greenspace/open space shall exclude required sidewalks and landscape strips along streets, but may include the following:

(1)

Parks;

(2)

Playgrounds;

(3)

Trails;

(4)

Gardens;

(5)

Undeveloped space designated or habitat restoration and preservation;

(6)

Plazas improved for pedestrian use shall also be considered greenspace when finished in brick or stone pavers and planted with at least one canopy tree per 2,500 square feet of area, with a minimum of 100 square feet of unpaved planting area around each tree.

(Ord. No. 2008-13, § 1, 11-4-2008; Ord. No. 2015-15, § 17, 8-4-2015; Ord. No. 2020-4, § 10, 1-7-2020)

Note— See editor's note at section 93-11.5-6.