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Normandy City Zoning Code

ARTICLE XIX

"MU" Mixed-Use District

Section 405.1000 Regulations Generally.

[Ord. No. 812, 5-14-2024]
A. 
The regulations set forth in this Article or set forth elsewhere in this Chapter, when referred to in this Article, are the district regulations in the "MU" Mixed-Use District.
B. 
This district seeks to encourage mixed-use development with commercial services, retail facilities, and residential uses that complement each other and attract customers from outside the district.

Section 405.1010 Use Regulations.

[Ord. No. 812, 5-14-2024]
A. 
Ground Level.
1. 
Permitted Uses. The first floor (also referred to as the "ground level") of any building or premises may be used for any use set forth as a permitted use in Attachment 1 to this Chapter.
2. 
Special Uses. Upon obtaining a special use permit issued pursuant to the provisions of Section 405.790, the ground level of any building or premises may be used for any of use set forth as a special use in Attachment 1 to this Chapter.
3. 
Prohibited Uses. Notwithstanding any part of this Section to the contrary, the ground level of any building or premises shall not be used for any use set forth as a prohibited use in Attachment 1 to this Chapter.
B. 
Upper Level.
1. 
Permitted Uses. The upper level(s) of any building or premises may be used for:
a. 
Any use set forth as a permitted use in Attachment 1 to this Chapter.
b. 
Multi-family residential.
2. 
Special Uses. Upon obtaining a special use permit issued pursuant to the provisions of Section 405.790, the upper level of any building or premises may be used for any of use set forth as a special use in Attachment 1 to this Chapter.
3. 
Prohibited Uses. Notwithstanding any part of this Section to the contrary, the upper level of any building or premises shall not be used for any use set forth as a prohibited use in Attachment 1 to this Chapter, except that multi-family residential shall be a permitted use.
C. 
Miscellaneous Regulations.
1. 
Commercial uses, other than home occupations, are not permitted in residential units that were approved for residential use as part of a development plan submitted and approved in accordance with the provisions of Section 405.1050, et seq., of the Normandy City Code.
2. 
Ground level street frontages may not be occupied by residential uses but may be occupied by a lobby or entrance to residential portions of the building. Such lobby or entrance may not comprise more than twenty-five percent (25%) of the ground level by square footage.
3. 
Uses not designated as permitted or special uses by this Code shall be considered prohibited.
D. 
Development Plan Review.
1. 
No development or redevelopment of properties for the following uses in the "MU" District shall take place until a development plan has been submitted and approved in accordance with the provisions of Section 405.1050, et seq., of the Normandy City Code:
a. 
New developments over seven thousand five hundred (7,500) square feet.
b. 
Any use which requires a special use permit under this Section.
c. 
Any proposed use which includes drive-through facilities.

Section 405.1020 Parking Regulations.

[Ord. No. 812, 5-14-2024]
A. 
Notwithstanding any other provision of this Code to the contrary, all uses in the "MU" District shall comply with the parking regulations set forth in Attachment 2 to this Chapter.
B. 
In computing the number of parking spaces required under this Section, the following rules shall govern:
1. 
Where fractional spaces result, the parking spaces required shall be the nearest whole number.
2. 
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
3. 
Whenever a building or use constructed or established after February 10, 1969, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to February 10, 1969, is reconstructed or is enlarged to the extent of twenty percent (20%) or more in floor area, said building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty percent (20%) of the gross floor area shall be provided with parking based on the enlargement or change.
C. 
Required parking spaces shall be located within five hundred (500) feet walking distance of said building. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which said parking spaces are provided shall be restricted by an instrument of record describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this Chapter. A copy of such recorded instruments shall be provided to the City upon recording.
D. 
Two (2) or more owners of separate lots or tracts may join together to provide the required parking spaces. In order for any such shared parking agreement to satisfy the parking requirements of this Section, the parties to such agreement must provide to the City a copy of a written agreement signed by the owners of any property subject to the agreement. In the event such written agreement is rescinded, voided, terminated, or otherwise ceases, the shared parking agreement shall no longer satisfy the parking requirements of this Section. Property owners shall be required to notify the City within seven (7) days of the date a shared parking agreement is rescinded, voided, terminated, or otherwise ceases.
E. 
The number of parking spaces required in conjunction with a special use may be modified by the City Council if conditions for such special use warrant a deviation from the above requirements.

Section 405.1030 Height And Area Regulations.

[Ord. No. 812, 5-14-2024]
A. 
Height.
1. 
No building shall exceed three (3) stories or forty-five (45) feet in height, except as otherwise provided in Article XII of this Chapter.
B. 
Area.
1. 
Front Yard.
a. 
Maximum setback: no structure may be placed more than twenty (20) feet from the front lot line.
2. 
Side Yard.
a. 
A side yard of not less than fifteen (15) feet is required along any side lot line which abuts a lot zoned as an "A," "B," or "C" District.
3. 
Rear Yard.
a. 
A rear yard of not less than twenty-five (25) feet is required where the rear lot line abuts any lot zoned as an "A," "B," or "C" District. All other lots shall have a rear yard of not less than ten (10) feet.

Section 405.1040 Fence Regulations.

[Ord. No. 812, 5-14-2024]
A. 
Where any lot line of a parcel zoned "MU" abuts the side or rear lot line of any lot zoned "A," "B," or "C," a durable sight-proof fence shall be required within two (2) feet of the lot line.
B. 
Fences required under this Section may be constructed of cedar, treated wood, or composite wood, and shall be of a standard picket or shadowbox style. Fences required under this Section shall not be constructed of any material or in any design other than those specifically identified herein, nor shall any such fence be constructed of prefabricated stockade panels.
C. 
Fences required under this Section shall be six (6) feet in height, measured from the underlying ground.
D. 
It shall be unlawful to erect any fence pursuant to this Section without first having obtained a fence permit pursuant to Section 405.740 of this Code.