Johnston City Zoning Code

CHAPTER 170

MIXED USE ZONING DISTRICTS

170.01 APPLICAITON

The restrictions, regulations, standards and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City:

MU-1	Neighborhood Mixed Use District
MU-2	Community Mixed Use District

Effective on: 5/1/2023

170.02 DISTRICT INTENTS

The following statements specify the intents of the zoning districts established to regulate areas of the City considered appropriate for a mix of uses:

1.
Neighborhood Mixed Use District. The intent of the MU-1 district is to facilitate development or redevelopment of smaller, pedestrian-oriented nodes that include a mixture of medium density housing types such as two- to four-unit structures, townhomes, and small apartments and neighborhood-scale retail, offices, and services which primarily serve adjacent neighborhoods. Residential uses should make up a majority of the land use mix in the NMU district.
2.
Community Mixed Use District. The intent of the MU-2 district is to foster mixed-use development or redevelopment of larger nodes characterized by pedestrian-oriented design and sensitive transitions to adjacent residential neighborhoods. A mixture of uses, including community-scale retail, offices, and services and a variety of higher density housing types such as townhomes and apartments and are appropriate within this district. Community-scale commercial uses should make up a majority of the land use mix.

Effective on: 5/1/2023

170.03 USE REGULATIONS

General Provisions

A.
When a property is located within the boundaries of one (1) or more overlay districts, the most restrictive use provision among the overlay and base zoning districts shall apply.
B.
All uses are subject to any other applicable provision of this Zoning Ordinance and any other Chapter of this Code of Ordinances including but not limited to the following:
1. 1.
  Off-Street Parking and Loading. See CHAPTER 180.
2. 2.
  Landscaping and Open Space requirements. See CHAPTER 181.
3. 3.
  Buffer requirements. See CHAPTER 182.
4. 4.
  Architectural standards. See CHAPTER 185.
5. 5.
  Sign regulations. See CHAPTER 187.
6. 6.
  Site Plan requirements. See CHAPTER 190.

Use Tables

A.
Table 170.1 Principal Uses and Table 170.2 Accessory Uses list land uses and indicate whether they are permitted, permitted with standards, permitted with Site Plan Review, special, temporary, or prohibited in each zoning district. The tables also include references to whether additional use specific standards are applicable to that use. The following definitions shall be referenced when using Tables 170.1 and 170.2
1. 1.
  Permitted Use - a “P” in a cell of the use table indicates that the land use is allowed by right in the zoning district.
2. 2.
  Permitted with Standards Use – a “PS” in a cell of the use table indicates that the land use is allowed in the zoning district as long as certain use-specific standards as described in CHAPTER 176 and 177 are met.
3. 3.
  Site Plan Review – an “SPR” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Site Plan Review as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
4. 4.
  Special Use – an “S” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Special Use Permit as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
5. 5.
  Temporary Use – a “T” in the cell of the use table indicates that the land use is a temporary use. These uses are regulated by the procedures and standards listed in CHAPTER 178 TEMPORARY USES.
6. 6.
  Prohibited Use – a blank cell in the use table indicates that the land use is prohibited in that zoning district.
B.
In the event a proposed use is not listed in the use table, the Zoning Administrator shall make a determination if the use is consistent by type, intensity, physical characteristics, style, size, and purpose with any use listed in Tables 170.1 and 170.2.
1. 1.
  If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
2. 2.
  If the proposed use is not found to be consistent with any listed use, the Council, Planning and Zoning Commission, or property owner may request an amendment to this Chapter to provide for the proposed use.
C.
Table 170.1 Principal Uses

Table 170.1 Principal Uses	Mixed Use		Use Specific Standards Reference
Table 170.1 Principal Uses	MU‐1	MU‐2	Use Specific Standards Reference
Accessory dwelling unit			177.01
Accessory retail	PS	PS	177.02
Accessory retail, temporary			177.02
Accessory structure	PS	PS	177.03
Car wash			177.04
Central utility plant or electrical generator	PS	PS	177.05
Child care home
Child development home
Community garden	P
Construction‐related temporary use	T	T
Cylinder recharging
Deck	PS	PS	177.06
Drive‐through facility			177.07
Fireworks sales
Food/beverage stand	T	T
Garden center
Greenhouse
Home occupation			177.08
Keeping of animals, domestic	PS	PS	177.09
Keeping of animals, non‐domestic			177.09
Keeping of bees	PS	PS	177.10
Mobile food unit	T	T
Outdoor dining	PS	PS	177.11
Outdoor display			177.12
Outdoor storage			177.13
Produce stand
Recreational amenity, private	P	P
Remote work	P	P
Residential swimming pool	PS	PS	177.14
Seasonal roadside stand
Short‐term vacation rental	PS	PS	177.15
Sign	PS	PS	Ch. 187
Small‐scale solar energy generation system	PS	PS	177.16
Small‐scale wind energy system	S	S	177.17
Storage of gasoline, fuel oil, or their derivatives			177.18
Technical training facility	P	P
Wellness, fitness, or exercise facility	P	P

Effective on: 5/1/2023

170.04 LOT DIMENSIONS

All lot dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.3 establishes the minimum lot area and lot width requirements for each zoning district.

Table 170.3 Lot Dimensions
Use	MU-1 (Neighborhood)		MU-2 (Community)
Use	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)
Dwelling, attached two-unit (twinhome)	40 [80]²	5,000 [10,000]²	-	-
Dwelling, three or four unit (triplex or quadruplex)	100	12,500	100	12,500
Dwelling, small townhouse (3-4 units per building), middle lot	20	2,500	20	2,500
Dwelling, small townhouse (3-4 units per building), end lot	30	3,750	30	3,750
Dwelling, large townhouse (5-8 units per building), middle lot	20	2,500	20	2,500
Dwelling, large townhouse (5-8 units per building), end lot	35	4,400	35	4,400
Dwelling, small apartment (5-12 units)	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, large apartment (13+ units)	-	-	125	1,500 SF per unit
Dwelling, detached courtyard cottage	100 ft. per development	16,000 SF per development	-	-
Live/work unit	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, apartment over non-residential	None	2,000 SF per unit	None	1,500 SF per unit
Non-residential	None	None	None	None

Effective on: 5/1/2023

170.05 SITE DIMENSIONS

All site dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.4 establishes the site dimension standards for each zoning district.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Figure 170.1 Building Frontage

3.
A zero (0) foot side yard setback is permitted provided that it can be demonstrated that fire access and building code requirements are met. Fire access to the rear of the building must be maintained.

Effective on: 5/1/2023

170.06 DISTRICT REGULATIONS

No drive-up windows, stacking lanes and parking aisles, or parking spaces shall be located directly in front of a principal structure and between it and the right-of-way of any adjacent arterial or collector roadway as identified in the Comprehensive Plan. This provision excludes private approaches that are perpendicular to the public roadway.

It is the intent of this district to encourage landscaping between the building and the right-of-way of any adjacent arterial or collector roadway when the minimum front yard setback is observed.

Off-Street Parking and Loading. See CHAPTER 180, except as provided for herein.

A.
Paved parking areas and driveway aisles must be set back 15 feet from street right-of-way.
B.
To the maximum extent possible, parking lots shall not be located between the building and street frontage. Instead, the buildings shall be placed along the street frontage to frame the street and add to pedestrian ambiance, with parking lots placed to the rear or side of buildings.

Effective on: 5/1/2023

Johnston City Zoning Code

CHAPTER 170

MIXED USE ZONING DISTRICTS

170.01 APPLICAITON

The restrictions, regulations, standards and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City:

MU-1	Neighborhood Mixed Use District
MU-2	Community Mixed Use District

Effective on: 5/1/2023

170.02 DISTRICT INTENTS

The following statements specify the intents of the zoning districts established to regulate areas of the City considered appropriate for a mix of uses:

1.
Neighborhood Mixed Use District. The intent of the MU-1 district is to facilitate development or redevelopment of smaller, pedestrian-oriented nodes that include a mixture of medium density housing types such as two- to four-unit structures, townhomes, and small apartments and neighborhood-scale retail, offices, and services which primarily serve adjacent neighborhoods. Residential uses should make up a majority of the land use mix in the NMU district.
2.
Community Mixed Use District. The intent of the MU-2 district is to foster mixed-use development or redevelopment of larger nodes characterized by pedestrian-oriented design and sensitive transitions to adjacent residential neighborhoods. A mixture of uses, including community-scale retail, offices, and services and a variety of higher density housing types such as townhomes and apartments and are appropriate within this district. Community-scale commercial uses should make up a majority of the land use mix.

Effective on: 5/1/2023

170.03 USE REGULATIONS

General Provisions

A.
When a property is located within the boundaries of one (1) or more overlay districts, the most restrictive use provision among the overlay and base zoning districts shall apply.
B.
All uses are subject to any other applicable provision of this Zoning Ordinance and any other Chapter of this Code of Ordinances including but not limited to the following:
1. 1.
  Off-Street Parking and Loading. See CHAPTER 180.
2. 2.
  Landscaping and Open Space requirements. See CHAPTER 181.
3. 3.
  Buffer requirements. See CHAPTER 182.
4. 4.
  Architectural standards. See CHAPTER 185.
5. 5.
  Sign regulations. See CHAPTER 187.
6. 6.
  Site Plan requirements. See CHAPTER 190.

Use Tables

A.
Table 170.1 Principal Uses and Table 170.2 Accessory Uses list land uses and indicate whether they are permitted, permitted with standards, permitted with Site Plan Review, special, temporary, or prohibited in each zoning district. The tables also include references to whether additional use specific standards are applicable to that use. The following definitions shall be referenced when using Tables 170.1 and 170.2
1. 1.
  Permitted Use - a “P” in a cell of the use table indicates that the land use is allowed by right in the zoning district.
2. 2.
  Permitted with Standards Use – a “PS” in a cell of the use table indicates that the land use is allowed in the zoning district as long as certain use-specific standards as described in CHAPTER 176 and 177 are met.
3. 3.
  Site Plan Review – an “SPR” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Site Plan Review as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
4. 4.
  Special Use – an “S” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Special Use Permit as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
5. 5.
  Temporary Use – a “T” in the cell of the use table indicates that the land use is a temporary use. These uses are regulated by the procedures and standards listed in CHAPTER 178 TEMPORARY USES.
6. 6.
  Prohibited Use – a blank cell in the use table indicates that the land use is prohibited in that zoning district.
B.
In the event a proposed use is not listed in the use table, the Zoning Administrator shall make a determination if the use is consistent by type, intensity, physical characteristics, style, size, and purpose with any use listed in Tables 170.1 and 170.2.
1. 1.
  If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
2. 2.
  If the proposed use is not found to be consistent with any listed use, the Council, Planning and Zoning Commission, or property owner may request an amendment to this Chapter to provide for the proposed use.
C.
Table 170.1 Principal Uses

Table 170.1 Principal Uses	Mixed Use		Use Specific Standards Reference
Table 170.1 Principal Uses	MU‐1	MU‐2	Use Specific Standards Reference
Accessory dwelling unit			177.01
Accessory retail	PS	PS	177.02
Accessory retail, temporary			177.02
Accessory structure	PS	PS	177.03
Car wash			177.04
Central utility plant or electrical generator	PS	PS	177.05
Child care home
Child development home
Community garden	P
Construction‐related temporary use	T	T
Cylinder recharging
Deck	PS	PS	177.06
Drive‐through facility			177.07
Fireworks sales
Food/beverage stand	T	T
Garden center
Greenhouse
Home occupation			177.08
Keeping of animals, domestic	PS	PS	177.09
Keeping of animals, non‐domestic			177.09
Keeping of bees	PS	PS	177.10
Mobile food unit	T	T
Outdoor dining	PS	PS	177.11
Outdoor display			177.12
Outdoor storage			177.13
Produce stand
Recreational amenity, private	P	P
Remote work	P	P
Residential swimming pool	PS	PS	177.14
Seasonal roadside stand
Short‐term vacation rental	PS	PS	177.15
Sign	PS	PS	Ch. 187
Small‐scale solar energy generation system	PS	PS	177.16
Small‐scale wind energy system	S	S	177.17
Storage of gasoline, fuel oil, or their derivatives			177.18
Technical training facility	P	P
Wellness, fitness, or exercise facility	P	P

Effective on: 5/1/2023

170.04 LOT DIMENSIONS

All lot dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.3 establishes the minimum lot area and lot width requirements for each zoning district.

Table 170.3 Lot Dimensions
Use	MU-1 (Neighborhood)		MU-2 (Community)
Use	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)
Dwelling, attached two-unit (twinhome)	40 [80]²	5,000 [10,000]²	-	-
Dwelling, three or four unit (triplex or quadruplex)	100	12,500	100	12,500
Dwelling, small townhouse (3-4 units per building), middle lot	20	2,500	20	2,500
Dwelling, small townhouse (3-4 units per building), end lot	30	3,750	30	3,750
Dwelling, large townhouse (5-8 units per building), middle lot	20	2,500	20	2,500
Dwelling, large townhouse (5-8 units per building), end lot	35	4,400	35	4,400
Dwelling, small apartment (5-12 units)	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, large apartment (13+ units)	-	-	125	1,500 SF per unit
Dwelling, detached courtyard cottage	100 ft. per development	16,000 SF per development	-	-
Live/work unit	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, apartment over non-residential	None	2,000 SF per unit	None	1,500 SF per unit
Non-residential	None	None	None	None

Effective on: 5/1/2023

170.05 SITE DIMENSIONS

All site dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.4 establishes the site dimension standards for each zoning district.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Figure 170.1 Building Frontage

3.
A zero (0) foot side yard setback is permitted provided that it can be demonstrated that fire access and building code requirements are met. Fire access to the rear of the building must be maintained.

Effective on: 5/1/2023

170.06 DISTRICT REGULATIONS

It is the intent of this district to encourage landscaping between the building and the right-of-way of any adjacent arterial or collector roadway when the minimum front yard setback is observed.

Off-Street Parking and Loading. See CHAPTER 180, except as provided for herein.

A.
Paved parking areas and driveway aisles must be set back 15 feet from street right-of-way.
B.
To the maximum extent possible, parking lots shall not be located between the building and street frontage. Instead, the buildings shall be placed along the street frontage to frame the street and add to pedestrian ambiance, with parking lots placed to the rear or side of buildings.

Effective on: 5/1/2023

Johnston City Zoning Code

CHAPTER 170

MIXED USE ZONING DISTRICTS

170.01 APPLICAITON

The restrictions, regulations, standards and guidelines in this Chapter for land use and development shall apply to the following zoning districts within the City:

MU-1	Neighborhood Mixed Use District
MU-2	Community Mixed Use District

Effective on: 5/1/2023

170.02 DISTRICT INTENTS

The following statements specify the intents of the zoning districts established to regulate areas of the City considered appropriate for a mix of uses:

1.
Neighborhood Mixed Use District. The intent of the MU-1 district is to facilitate development or redevelopment of smaller, pedestrian-oriented nodes that include a mixture of medium density housing types such as two- to four-unit structures, townhomes, and small apartments and neighborhood-scale retail, offices, and services which primarily serve adjacent neighborhoods. Residential uses should make up a majority of the land use mix in the NMU district.
2.
Community Mixed Use District. The intent of the MU-2 district is to foster mixed-use development or redevelopment of larger nodes characterized by pedestrian-oriented design and sensitive transitions to adjacent residential neighborhoods. A mixture of uses, including community-scale retail, offices, and services and a variety of higher density housing types such as townhomes and apartments and are appropriate within this district. Community-scale commercial uses should make up a majority of the land use mix.

Effective on: 5/1/2023

170.03 USE REGULATIONS

General Provisions

A.
When a property is located within the boundaries of one (1) or more overlay districts, the most restrictive use provision among the overlay and base zoning districts shall apply.
B.
All uses are subject to any other applicable provision of this Zoning Ordinance and any other Chapter of this Code of Ordinances including but not limited to the following:
1. 1.
  Off-Street Parking and Loading. See CHAPTER 180.
2. 2.
  Landscaping and Open Space requirements. See CHAPTER 181.
3. 3.
  Buffer requirements. See CHAPTER 182.
4. 4.
  Architectural standards. See CHAPTER 185.
5. 5.
  Sign regulations. See CHAPTER 187.
6. 6.
  Site Plan requirements. See CHAPTER 190.

Use Tables

A.
Table 170.1 Principal Uses and Table 170.2 Accessory Uses list land uses and indicate whether they are permitted, permitted with standards, permitted with Site Plan Review, special, temporary, or prohibited in each zoning district. The tables also include references to whether additional use specific standards are applicable to that use. The following definitions shall be referenced when using Tables 170.1 and 170.2
1. 1.
  Permitted Use - a “P” in a cell of the use table indicates that the land use is allowed by right in the zoning district.
2. 2.
  Permitted with Standards Use – a “PS” in a cell of the use table indicates that the land use is allowed in the zoning district as long as certain use-specific standards as described in CHAPTER 176 and 177 are met.
3. 3.
  Site Plan Review – an “SPR” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Site Plan Review as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
4. 4.
  Special Use – an “S” in a cell of the use table indicates that the land use is allowed in the zoning district only upon approval of a Special Use Permit as described in CHAPTER 190 LAND USE PROCEDURES and in compliance with any use-specific standards identified in Chapters 176 and 177.
5. 5.
  Temporary Use – a “T” in the cell of the use table indicates that the land use is a temporary use. These uses are regulated by the procedures and standards listed in CHAPTER 178 TEMPORARY USES.
6. 6.
  Prohibited Use – a blank cell in the use table indicates that the land use is prohibited in that zoning district.
B.
In the event a proposed use is not listed in the use table, the Zoning Administrator shall make a determination if the use is consistent by type, intensity, physical characteristics, style, size, and purpose with any use listed in Tables 170.1 and 170.2.
1. 1.
  If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
2. 2.
  If the proposed use is not found to be consistent with any listed use, the Council, Planning and Zoning Commission, or property owner may request an amendment to this Chapter to provide for the proposed use.
C.
Table 170.1 Principal Uses

Table 170.1 Principal Uses	Mixed Use		Use Specific Standards Reference
Table 170.1 Principal Uses	MU‐1	MU‐2	Use Specific Standards Reference
Accessory dwelling unit			177.01
Accessory retail	PS	PS	177.02
Accessory retail, temporary			177.02
Accessory structure	PS	PS	177.03
Car wash			177.04
Central utility plant or electrical generator	PS	PS	177.05
Child care home
Child development home
Community garden	P
Construction‐related temporary use	T	T
Cylinder recharging
Deck	PS	PS	177.06
Drive‐through facility			177.07
Fireworks sales
Food/beverage stand	T	T
Garden center
Greenhouse
Home occupation			177.08
Keeping of animals, domestic	PS	PS	177.09
Keeping of animals, non‐domestic			177.09
Keeping of bees	PS	PS	177.10
Mobile food unit	T	T
Outdoor dining	PS	PS	177.11
Outdoor display			177.12
Outdoor storage			177.13
Produce stand
Recreational amenity, private	P	P
Remote work	P	P
Residential swimming pool	PS	PS	177.14
Seasonal roadside stand
Short‐term vacation rental	PS	PS	177.15
Sign	PS	PS	Ch. 187
Small‐scale solar energy generation system	PS	PS	177.16
Small‐scale wind energy system	S	S	177.17
Storage of gasoline, fuel oil, or their derivatives			177.18
Technical training facility	P	P
Wellness, fitness, or exercise facility	P	P

Effective on: 5/1/2023

170.04 LOT DIMENSIONS

All lot dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.3 establishes the minimum lot area and lot width requirements for each zoning district.

Table 170.3 Lot Dimensions
Use	MU-1 (Neighborhood)		MU-2 (Community)
Use	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)	Min. Lot Width¹ (ft.)	Min. Lot Area¹ (sq. ft.)
Dwelling, attached two-unit (twinhome)	40 [80]²	5,000 [10,000]²	-	-
Dwelling, three or four unit (triplex or quadruplex)	100	12,500	100	12,500
Dwelling, small townhouse (3-4 units per building), middle lot	20	2,500	20	2,500
Dwelling, small townhouse (3-4 units per building), end lot	30	3,750	30	3,750
Dwelling, large townhouse (5-8 units per building), middle lot	20	2,500	20	2,500
Dwelling, large townhouse (5-8 units per building), end lot	35	4,400	35	4,400
Dwelling, small apartment (5-12 units)	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, large apartment (13+ units)	-	-	125	1,500 SF per unit
Dwelling, detached courtyard cottage	100 ft. per development	16,000 SF per development	-	-
Live/work unit	100	2,000 SF per unit	100	1,500 SF per unit
Dwelling, apartment over non-residential	None	2,000 SF per unit	None	1,500 SF per unit
Non-residential	None	None	None	None

Effective on: 5/1/2023

170.05 SITE DIMENSIONS

All site dimension standards listed in this Section are subject to the exemptions listed in CHAPTER 167 Introduction to Zoning Districts.

Table 170.4 establishes the site dimension standards for each zoning district.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Table 170.4 Site Dimensions
	MU-1 Neighborhood		MU-2 Community
	Residential	Non-Residential /Mixed-Use	Residential	Non-Residential /Mixed-Use
Minimum front setback¹	20 ft.	15 ft.	15 ft.	10 ft.
Maximum front setback¹	30 ft.	30 ft.	25 ft.	25 ft.
Minimum building frontage²	50%		50%
Minimum building separation	16 ft.³	16 ft.³	16 ft.³	16 ft.³
Minimum corner side yard setback¹	15 ft.	15 ft.	15 ft.	15 ft.
Minimum perimeter setback
Adjacent to R-3 and R-4	20 ft.	20 ft.	10 ft.	10 ft.
Adjacent to other districts	20 ft.	10 ft.	15 ft.	10 ft.
Maximum building height	35 ft. or 3 stories, whichever is less		60 ft. or 5 stories, whichever is less⁴
Notes 1. Setback shall apply from the edge of any public street or curbline of any private road. 2. Minimum percentage of the lot width that must include a building within the minimum and maximum front setback requirements. 3. A 0-foot separation is permitted between buildings for projects within the same development provided that a 30' separation is provided whenever the wall surface is the only source of light and area for a unit. 4. On any parcel which is adjacent to R-E, R-1, or R-2, all floors above the third story shall be stepped back a minimum of 8 feet from the ground floor façade.

Figure 170.1 Building Frontage

3.
A zero (0) foot side yard setback is permitted provided that it can be demonstrated that fire access and building code requirements are met. Fire access to the rear of the building must be maintained.

Effective on: 5/1/2023

170.06 DISTRICT REGULATIONS

It is the intent of this district to encourage landscaping between the building and the right-of-way of any adjacent arterial or collector roadway when the minimum front yard setback is observed.

Off-Street Parking and Loading. See CHAPTER 180, except as provided for herein.

A.
Paved parking areas and driveway aisles must be set back 15 feet from street right-of-way.
B.
To the maximum extent possible, parking lots shall not be located between the building and street frontage. Instead, the buildings shall be placed along the street frontage to frame the street and add to pedestrian ambiance, with parking lots placed to the rear or side of buildings.

Effective on: 5/1/2023