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Morton City Zoning Code

CHAPTER 10

15 MIXED-USE ZONING DISTRICT

10-15-1: Purpose

The purpose of the downtown mixed-use overlay district is to accommodate retail, service, and office including mixed uses that enhance and revitalize the downtown area. To access the map of the mixed-use overlay district is linked here. Mixed Use District Map

10-15-2: Permitted Uses

  1. Permitted Uses:
    1. Home, regional, district, and branch offices not to include trucking, manufacturing, or advertising signs or displays.
    2. Offices for educational, fraternal, professional, and religious organizations.
    3. Real estate and insurance company offices.
    4. Offices of doctors, dentists, lawyers, architects, engineers, and similar professions.
    5. Offices for governmental agencies.
    6. Medical and dental clinics, excluding animal clinics or animal hospitals.
    7. Barber and beauty shops.
    8. Churches, convents, and monasteries.
    9. Banks, savings and loans, and other financial institutions.
    10. Book and stationary stores.
    11. Camera and photographic supply stores.
    12. Candy and ice cream stores, including stores where commodities are produced on premises for sale exclusively on the premises.
    13. Carpet and rug stores.
    14. China and glassware stores.
    15. Department stores.
    16. Drugstores.
    17. Dry cleaning and laundry pick-up stations.
    18. Dry goods stores.
    19. Electric and household appliance stores, including radio and television sales and repair.
    20. Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use.
    21. Garden supply stores.
    22. Gift shops.
    23. Haberdashery.
    24. Hardware stores.
    25. Hobby shops for retail of items to be assembled or used away from the premises.
    26. Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use.
    27. Jewelry stores, including watch repairs.
    28. Laboratories, medical, and dental research and testing.
    29. Leather goods and luggage stores.
    30. Libraries and reading rooms.
    31. Liquor, beer, and wine outlets.
    32. Musical instruments, sales, and repair facilities.
    33. Office supply stores.
    34. Paint and wallpaper stores.
    35. Pet stores, but not including outdoor kennels or runways.
    36. Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.
    37. Public meeting halls.
    38. Restaurants, tea rooms, and taverns or similar establishments serving alcoholic liquors with an outdoor eating, drinking or seating area. Drive-in or drive-through restaurants where food is provided to customers in cars are not permitted.
    39. Sales and display rooms.
    40. Shoe stores and shoe repair.
    41. Sporting goods stores.
    42. Supermarkets and retail food stores.
    43. Tailor or dressmaking shops.
    44. Telegraph, telephone, or utility offices.
    45. Theaters (not drive-ins).
    46. Toy shops.
    47. Variety shops.
    48. Bed and breakfast establishments.

10-15-3: Special Use For Mixed Use

All mixed uses will be special use, and coordinated with permitted uses.

10-15-4: Mixed Uses/Residential

  1. Dwelling units, not including dwelling units for which a special use permit has been awarded for a short term vacation rental, shall be permitted on the second floor or additional floors provided the first floor is retail or office use.
  2. Dwelling units, not including dwelling units for which a special use permit has been awarded for a short term vacation rental, shall be permitted
    on the main floor provided sixty percent (60%) of main floor is used for retail, office or service, and residential space is a minimum of 500 square feet per unit. Street or building frontage must be devoted to the retail component with residence behind. (amd. Ord. 15-16, 2-1-16)
HISTORY
Amended by Ord. 24-34 on 4/1/2024

10-15-5: Special Conditions

  1. There shall be no outside storage of goods, materials, or products. This does not prohibit the display of merchandise for sale.
  2. Drive throughs are prohibited except for banking facilities.
  3. All building permit applications are subject to site plan review.
  4. All provisions in the zoning code apply unless there is a specific provision in this chapter to the contrary.

10-15-6: General Requirements

Lot Coverage:

  1. Minimum lot area per dwelling unit shall be one thousand (1,000) square feet for mixed-use buildings and one thousand five hundred (1,500) square feet for all other.
  2. Minimum Requirements For Building And Pavement: Front: Fifteen feet (15’) minimum of sidewalk from back of curb to building. If in the event there is less than ten feet (10’) of right-of-way, the property owner will donate the difference to achieve the required ten feet (10’). Side: Seven feet six inches (7’ 6”) minimum. Rear: Six feet (6') minimum. Pavement: Six feet (6’) minimum on front, rear, and side. Height: No greater than three stories or forty feet (40').

10-15-7: Green Space

One of the primary aspects of mixed-use zoning is to allow greater density, while emphasizing existing community positives such as walking, bicycling, and alternative modes of travel. To maximize space and use, the mixed-use overlay district requires zero green space.

10-15-8: Building Materials

Materials used for construction, rehabilitation, and remodel must all be consistent with the standards and requirements of the respective properties as found in Sec. 10-4-6-9 'Decorative Masonry'.

10-15-9: Street Travel Transparency

Non-residential buildings facing a street, will be at least thirty five percent (35%) transparent at street level allowing pedestrian viewing and daylight inside. Upper levels facing the street are encouraged to maximize windows wherever possible.

10-15-10: Signs

As required per Sec. 10-9-6 (Sign Regulations Within Business Districts).

10-15-11: Parking

The design intent of mixed-use development is to encourage pedestrian and alternative methods of transportation. New mixed-use development shall maintain a one-toone ratio of reserved parking for each residential unit offered in the development or site.

10-15-12: Applicability

Any property which is zoned B-1 or B-2 and is located in the mixed-use area as reflected in the map set forth in this Section is eligible for a special use as provided in this chapter. In the event at any time property shown on the following map is zoned other than B-1 or B-2, such property shall not be eligible for a special use as provided in this chapter.

Mixed Use District Boundary Map

HISTORY
Amended by Ord. 22-16 on 3/7/2022

10-15-13: Storm Water

As required per Sec. 10-4-6 (Site Plan Review).

(Ord. 14-34, 3-2-15; amd. Ord. 14-39, 5-4-15)

24-34

22-16