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Orange Cove City Zoning Code

CHAPTER 17

33 - M-U MIXED-USE ZONING DISTRICT

17.33.010 - Purpose.

The purposes of the M-U zoning district are to:

The M-U zoning district represents a commercial zoning classification that permits a vertical or horizontal mix of commercial and residential uses on the same lot or within the same building. The district is intended to accommodate a physical pattern of development often found along village main streets and in neighborhood commercial areas of older cities.

(Ord. No. 373, § 11, 10-15-2015)

17.33.011 - Definitions.

As used in this ordinance, the following words and terms shall have the meanings specified herein:

"Floor area ratio" means the ratio of a building's gross floor area to the area of the lot on which the building is located.

"Gross floor area" is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.

"Mixed-use building" means a building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.

(Ord. No. 373, § 11, 10-15-2015)

17.33.012 - Permitted uses.

Uses permitted in the M-U district are:

1.

Animal services, sales and grooming.

2.

Art and antique stores.

3.

Day care.

4.

Developmentally disabled housing, eight [or] fewer persons.

5.

Dwelling units located above ground floor commercial or office use.

6.

Entertainment venue (one to one hundred forty-nine seats).

7.

Financial services.

8.

Food and beverage retail sales, including bakeries (retail), delicatessens, ice cream stores, meat markets, soft drink fountains, and similar uses.

9.

Grocery stores.

10.

Group homes.

11.

Health clubs and gyms.

12.

Medical services.

13.

Music, dance and art studios.

14.

Offices.

15.

Personal services, including barber and beauty shops, tailors, florists, photography studios, shoe repair shops and similar uses.

16.

Public safety services.

17.

Repair services for consumers, including bicycles.

18.

Restaurants (not including drive-ins).

19.

Retail sales, general.

20.

Supportive and transitional housing, above ground and ground floor.

21.

Utilities and services, minor.

22.

Wireless communication services, co-located only.

(Ord. No. 373, § 11, 10-15-2015; Ord. No. 385, § 1, 2-13-2019)

Editor's note— Ord. No. 385, § 1, adopted February 13, 2019, set out provisions intended for use as §§ 17.33.12 I, J. For purposes of alphabetization and to preserve the style of § 17.33.12, and at the editor's discretion, these provisions have been included as §§ 17.33.12 4, 20 and the remaining subsections have been renumbered to include them as such.

17.33.013 - Conditional use permit.

Uses permitted subject to conditional use permit in the M-U district are:

1.

Artist live/work space.

2.

Artisan manufacturing (hand tools only, e.g., jewelry or ceramics).

3.

Assisted living.

4.

Automobile parts sales.

5.

Churches.

6.

Drive through facilities.

7.

Electrical distribution substation.

8.

Ice and food products dispensing machines.

9.

Laundry, self-service.

10.

Libraries.

11.

Lodging (motels, bed and breakfast, 1-10 guest rooms).

12.

Nursing home.

13.

Parks and recreation.

14.

Private clubs, lodges.

15.

Public grounds and buildings.

16.

Public parking lot or structure.

17.

Residential—freestanding attached or detached single family home; multifamily (two-plus units).

18.

Schools.

19.

Transitional and supportive housing.

20.

Utilities and services, major.

21.

Water pump station.

(Ord. No. 373, § 11, 10-15-2015)

17.33.014 - Prohibited uses.

Uses expressly prohibited in the M-U district are:

1.

Advertising structures.

2.

Adult uses.

3.

Animal boarding kennel.

4.

Gas stations.

5.

Hospitals.

6.

Industrial uses.

7.

Liquor stores.

8.

Mini storage warehouse.

9.

Trailer parks.

10.

Vehicle sales, service, and repair.

11.

Bars, cocktail lounges, and the like.

(Ord. No. 373, § 11, 10-15-2015)

17.33.015 - Commercial establishment size limits.

The gross floor area of commercial establishments in the M-U district shall not exceed ten thousand square feet.

(Ord. No. 373, § 11, 10-15-2015)

17.33.016 - Property development standards.

Property development standards in the M-U district are:

A.

Lot area: no requirement.

B.

Lot dimensions: no requirement.

C.

Building height: maximum building height shall be three stories, not to exceed forty feet for mixed-use buildings, and two stories not to exceed thirty feet for all other buildings.

(Ord. No. 373, § 11, 10-15-2015)

17.33.017 - Indoor/outdoor operations.

All permitted uses in the M-U district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.

(Ord. No. 373, § 11, 10-15-2015)

17.33.018 - Lot area per unit (density).

The minimum lot area per dwelling unit shall be two thousand square feet for mixed-use buildings, and three thousand square feet for all other freestanding residential buildings.

(Ord. No. 373, § 11, 10-15-2015)

17.33.019 - Floor area ratio.

The maximum FAR shall be 2.0 for mixed-use buildings and 1.25 for all other buildings.

(Ord. No. 373, § 11, 10-15-2015)

17.33.020 - Setbacks.

A.

For commercial, office, or mixed-use buildings, the entire building façade must abut front and street side property lines or be located within ten feet of such property lines. The minimum rear setback shall be five percent of the lot depth. No interior side setbacks are required, except when M-U zoned property abuts R-zoned property, in which case the minimum side setback in the M-U district shall be the same as required on the abutting R-zoned lot.

B.

For freestanding residential uses, the minimum front yard setback shall be fifteen feet; the minimum rear yard shall be ten feet; and the minimum side yard shall be five feet.

C.

All proposed yards shall be landscaped in accordance with conditions of site plan review.

D.

Open parking areas shall be provided with appropriate perimeter and internal landscaping in accordance with conditions of site plan review.

(Ord. No. 373, § 11, 10-15-2015)

17.33.021 - Space between buildings.

A.

For commercial, office, or mixed-use buildings, there are no requirements for space between buildings in the M-U district.

B.

For freestanding multifamily buildings, space between buildings shall be as prescribed the R-2 district, Section 17.18.130.

(Ord. No. 373, § 11, 10-15-2015)

17.33.022 - Fences, hedges and walls.

A.

Any fence, hedge or wall shall be reduced to three feet when within the front yard or street side yard.

B.

Fences, walls and railings shall be ornamental masonry or concrete, textured or stamped metal, or ornamental iron work or similar durable materials.

(Ord. No. 373, § 11, 10-15-2015)

17.33.023 - Off-street parking.

A.

The requirement for off-street parking spaces for commercial or office uses shall be one square foot of off-street parking for each three square feet of floor area.

B.

The requirement for off-street parking for residential uses shall be 1½ spaces for each dwelling unit.

C.

For mixed use projects, the number of parking spaces shall be determined as part of the site plan review process, but shall be generally based on subsections A and B, above.

D.

Spaces shall be provided on a site not more than five hundred feet from the external boundaries of the lot upon which the building it serves is located. This required parking area shall be provided in any of the following ways:

1.

On the lot with the building served;

2.

On a contiguous lot or a lot within five hundred feet of the building or use being served;

3.

By membership in an assessment district established for the purpose of providing off-street parking for the uses located in the district.

E.

The improvement and maintenance standards of Sections 17.60.100 through 17.60.160 shall apply.

(Ord. No. 373, § 11, 10-15-2015)

17.33.024 - Access.

There shall be adequate vehicular access from a dedicated and improved street or alley.

(Ord. No. 373, § 11, 10-15-2015)

17.33.025 - Signs.

The provisions of the C-1 district, Section 17.28.180A, B, D and F shall apply.

(Ord. No. 373, § 11, 10-15-2015)

17.33.026 - Loading.

For nonresidential uses the requirements for size, location, treatment and maintenance of loading spaces, Section 17.60.190 shall apply.

(Ord. No. 373, § 11, 10-15-2015)

17.33.027 - General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapters 17.52 through 17.64.

(Ord. No. 373, § 11, 10-15-2015)

17.33.028 - Site plan review.

Before any building or structure is erected on any lot in the M-U district, a site plan pursuant to Chapter 17.56 of this code shall be submitted to and approved by the city manager, or his designee.

(Ord. No. 373, § 11, 10-15-2015)

17.33.029 - Building compatibility.

Any proposed structure in the M-U district shall be architecturally compatible with existing or future buildings and reviewed and approved for conformance by the city manager, or his designee, upon submittal of a site plan review or conditional use permit application.

(Ord. No. 373, § 11, 10-15-2015)