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Murray City Zoning Code

CHAPTER 17

140 RESIDENTIAL NEIGHBORHOOD BUSINESS DISTRICT R-N-B

17.140.010: PURPOSE OF PROVISIONS:

The purpose of the residential neighborhood business zone is to provide a variety of mixed use, low scale, low intensity residential, commercial, office and business operations as appropriate transition between high traffic arterial streets to adjacent residential neighborhoods. The zone should share design characteristics with nearby residential uses, provide a good neighborhood "fit" and exude a distinct residential character. Where possible, existing homes should be preserved and converted to appropriate uses. Where this is not possible, or where existing structures and site conditions are prohibitive, two (2) or more lots can be consolidated to meet the intent of this land use. The number of curb cuts providing access should be minimized and parking consolidated where possible. It is also intended to encourage the assemblage of properties in a unified plan with a coordinated harmonious development which will promote outstanding design without unsightly and unsafe strip commercial development. (Ord. 07-30 § 2)

17.140.020: PERMITTED USES:

   A.   All uses and structures contained herein are listed by number as designated in the standard land use code published and maintained by the community development division.
   B.   The following uses are permitted in the R-N-B zone:
Use No.
Use Classification
Use No.
Use Classification
1111
Single-family dwelling (subject to meeting the requirements of the R-M-10 zone).
1112
Single-family dwelling attached (twin-homes). Twin-homes shall meet with following yard and area requirements: 10,000 square foot lot minimum (5,000 square feet each dwelling). Each dwelling must maintain the following minimum setbacks from property lines: 25' front yard; 0' interior where adjacent to second dwelling; 8' interior side-yard; 20' corner side-yard; and 25' rear-yard.
1121
Two-family dwelling (duplex) (subject to meeting the requirements of the R-M-10 zone).
1210
Residential facility for persons with a disability (see chapter 17.36 of this title).
1210
Residential facility for the elderly (see chapter 17.32 of this title).
4800
Utilities (lines and rights of way only, except 4840, 4850).
4923
Travel agencies.
5991
Florists.
5996
Optical goods, eyeglasses.
6140
Insurance carriers, agents, brokers, and services.
6150
Real estate and related services.
6221
Portrait photography.
6230
Beauty and barber services, including retail sales of related products.
6511
Physicians' offices.
6512
Dental offices.
6519
Other medical, paramedical and health services.
6520
Legal services.
6530
Engineering, architectural and planning services.
6591
Accounting, bookkeeping and income tax services.
6593
Art and design studios.
6597
Business and management consulting services.
6817
Residential facility for persons with a disability.
6834
Art, drama and music schools.
6835
Dancing schools.
 
Accessory uses, buildings and structures which are customarily incidental to the above and do not substantially alter the character of the principal use or structure. Location of accessory structures is the same as that found in residential zoning districts.
(Ord. 20-09: Ord. 12-25)

17.140.030: CONDITIONAL USES:

The following uses and structures are permitted in the R-N-B zone only after a conditional use permit has been approved by the planning commission and subject to the terms and conditions thereof:
Use No.
Use Classification
Use No.
Use Classification
1210
Bed and breakfast homestay.
5494
Delicatessen, and lunch facilities without drive-through access and with limited hours.
5494
Health foods, and lunch facilities without drive-through access and with limited hours.
5931
Antiques.
5940
Books, stationery, art and hobby supplies.
5995
Gift shop and boutiques.
6111
Banking and credit union services.
6122
Credit services.
6296
Tanning, sauna, massage salon.
6515
Dental laboratory services (office only; no more than 4,000 square feet; no more than 10 employees).
6720
Protective functions and related activities.
6811
Kindergarten schools.
6812
Elementary schools.
6813
Junior high schools.
6814
Senior high schools.
6815
Residential childcare facility.
6816
Denominational and sectarian schools.
6911
Churches, synagogues, temples and missions.
6931
Business associations.
6931
Professional membership organizations.
6950
Political and civic organizations.
6961
Nonprofit organizations.
 
Accessory uses, buildings and structures which are customarily incidental to the above and do not substantially alter the character of the principal use or structure. Location of accessory structures is the same as that found in residential zoning districts. (Ord. 15-27: Ord. 07-30 § 2)

17.140.040: PLANNING COMMISSION APPROVAL REQUIRED:

All commercial structures constructed in this zone require a conditional use permit approved by the planning commission. (Ord. 07-30 § 2)

17.140.050: HOURS OF OPERATION:

Commercial uses shall not be open for business before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M. (Ord. 07-30 § 2)

17.140.060: AREA AND WIDTH REGULATIONS:

None, except as required by the planning commission for conditional use permit. (Ord. 07-30 § 2)

17.140.070: FRONT YARD REGULATIONS:

The minimum depth of the front yard shall be twenty feet (20') from the property line or street right of way. (Ord. 07-30 § 2)

17.140.080: REAR YARD REGULATIONS:

The minimum depth of the rear yard shall be twenty feet (20') from the property line. (Ord. 07-30 § 2)

17.140.090: SIDE YARD REGULATIONS:

The minimum side yard shall be eight feet (8'). On corner lots, the side yard which faces on the street shall not be less than twenty feet (20'). (Ord. 07-30 § 2)

17.140.100: HEIGHT REGULATIONS:

No commercial building shall be erected to a height greater than twenty feet (20'), unless authorized by a conditional use permit by the planning commission, except in no case shall the planning commission allow a building height greater than thirty feet (30').
Residential buildings shall comply with the height regulations of the R-1-8 zoning district. No residential building shall contain less than one story. (Ord. 07-30 § 2)

17.140.110: FENCING REGULATIONS:

Where the site abuts a property that the general plan projects as residential land use, a six foot (6') high solid masonry wall shall be located on the property line. All fencing must comply with the city fence ordinance. (Ord. 07-30 § 2)

17.140.120: REFUSE CONTAINER ENCLOSED:

Commercial uses in this zone which have or use a refuse container shall enclose the container with a six foot (6') solid barrier fence. All containers must comply with requirements found in section 17.76.170 of this title. (Ord. 07-30 § 2)

17.140.130: LANDSCAPING:

   A.   Ten feet (10') of landscaping shall be required along all frontage areas not occupied by drive accesses.
   B.   All landscaping areas shall be planted with live plant material as approved by the city forester, and include a permanent automatic irrigation system, or appropriate plazas and/or courtyards, as approved. The owner, tenant, and any agent shall be jointly and severally responsible for the maintenance of all landscaping in good condition and free from refuse and debris so as to present a healthy, neat and orderly appearance.
   C.   Landscaping adjacent to a residential zoning boundary line will require a minimum landscaping buffer of ten feet (10') in width from the boundary line on the commercial side of the property excluding the fence, and curb wall if located adjacent to off street parking.
   D.   Fifteen percent (15%) of the total site shall be landscaped.
   E.   Landscaped areas shall comply with safety considerations for intersecting streets and clear visibility.
   F.   Parking lots shall be landscaped to break up large areas of hard surfacing. (Ord. 07-30 § 2)

17.140.140: LIGHTING:

The maximum height of lighting shall be eighteen feet (18') unless the planning commission requires a lower height as part of the conditional use review. The light shall be low intensity, shielded from uses on adjoining lots, and be directed down and away from adjacent property in a residential zone or adjacent residential use. All parking lighting, except those required for security, must be turned off one hour after the end of business hours. The exception for security lighting applies to twenty five percent (25%) of the total lighting used, unless the planning commission approves a higher percentage as part of the conditional use approval. (Ord. 07-30 § 2)

17.140.150: NOISE:

The noise level emanating from any use or operation shall not exceed the limits of the health department regarding noise control. For purposes of compliance with health noise regulations, all properties located in this zone shall be considered residential. (Ord. 07-30 § 2)

17.140.160: SCREENING:

   A.   All ground mounted mechanical equipment including, but not limited to, heating and air conditioning units, shall be completely screened from surrounding properties by an opaque fence or wall.
   B.   The design of all roof appurtenances including, but not limited to, heating and air conditioning units and any other mechanical equipment shall be approved by the planning commission to minimize visibility from on site parking areas, adjacent streets and residential property. (Ord. 07-30 § 2)

17.140.170: ODOR:

No use shall be permitted which creates odor in such quantity as to be readily detectable beyond the boundaries of the site. (Ord. 07-30 § 2)

17.140.180: DESIGN CONSIDERATIONS:

In order to meet the purposes of this chapter the planning commission shall consider the following prior to approval of any plan:
   A.   Where possible and appropriate, combine existing lots to provide sufficient area and space for new development.
   B.   Provide on site improvements and appropriate buffering to adjacent properties and uses.
   C.   The development shall have a residential character defined by appropriate density, massing, building materials, texture, style and rooflines. Generally, roofs shall be of gable construction to provide a residential feel. Flat and mansard roofs will not be allowed in this zone except by conditional use approval.
   D.   Applicants shall present building materials, colors, elevations and buffering schemes for planning commission approval. Bright or flashy colors will not be allowed on structures or signs. Color shades shall blend into the neighborhood and unify the development. Building materials shall either be similar to the materials in the neighborhood or, if dissimilar materials are being proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture, shall be utilized to ensure that enough similarity exists for the building to be compatible.
   E.   Building materials shall not create excessive glare from glass, metal or other reflective surfaces. (Ord. 07-30 § 2)

17.140.190: CONSISTENCY WITH GENERAL PLAN:

Mixed development uses shall be consistent with the general plan of the city. (Ord. 07-30 § 2)

17.140.200: PARKING REGULATIONS:

   A.   When the office uses or net usable square footage is unknown, off street parking will be calculated at one parking stall for each two hundred (200) square feet of net office area or retail floor area.
   B.   All medical, dental and related office uses will require one off street parking stall for each two hundred (200) square feet of net usable office area.
   C.   All other office uses will be calculated at the ratio of four (4) off street parking stalls for each one thousand (1,000) square feet of net usable floor area or as determined by the planning commission.
   D.   Retail use parking shall be calculated at the rate of one parking space for each two hundred (200) square feet of net floor area.
   E.   Off street parking will not be permitted in any fire lane, aisle space or front yard setback areas except as allowed by this chapter.
   F.   All other parking and access regulations apply as found in the off street parking chapter 17.72 of this title. (Ord. 07-30 § 2)

17.140.210: SIGN REGULATIONS:

In the Residential Neighborhood Business (R-N-B) Zone, on premises signs are permitted as follows:
   A.   Detached: Only ground/monument signs are allowed and shall comply with regulations found in section 17.48.140 of this title.
      1.   A detached on premises sign for each developed parcel not exceeding one-half (1/2) square foot of sign area for each linear foot of street frontage, and may not exceed fifty (50) square feet of total sign area.
      2.   Minimum sign setback is two feet (2') from property line.
      3.   The distance between detached signs on the same parcel may not be less than two hundred feet (200').
   B.   Attached: Attached signage may not exceed a total area of two (2) square feet of sign area for each linear foot of building frontage.
   C.   Prohibited: Off premises signs are not allowed. (Ord. 07-30 § 2)