The purpose of the mixed use development zone is to provide a variety of uses (limited commercial, office and residential) as an appropriate transition between high-traffic arterial streets and nearby residential uses. This district is intended to ensure compatibility of new development and residential conversions with existing and future residential development. It is also intended to ensure as well as encourage assemblage of properties in a unified plan with a coordinated and harmonious development which will promote outstanding design without unsightly and unsafe strip commercial development. Specific measures to mitigate negative impacts of mixed use developments include standards for perimeter walls, vehicular access, lighting, signage, etc., which will be required at the time of design and site plan approval. Landscaping shall be as specified in Chapter 19.77 of this title.

(Ord. 1609 § 13 (part), 2007: Ord. 1113 § 1 (part), 1990)

Design and site plan approval including, but not limited to, architecture, building materials, lighting, signage, vehicular access and noise for all development in the MD-1 and MD-3 zones is required by the planning commission as a conditional use pursuant to the requirements of Sections 19.84.020 through 19.84.130. Landscaping shall be as specified in Chapter 19.77 of this title.

(Ord. 1609 § 13 (part), 2007: Ord. 1113 § 1 (part), 1990)

A.

Permitted uses in the MD-1 zone include:

— Accessory uses and buildings customarily incidental to a permitted use or a conditional use;

— Agriculture;

— Antique shop;

— Art gallery;

— Art needlework shop;

— Art shop and/or artist supply;

— Bank or financial institution;

— Barber shop;

— Beauty shop;

— Bed and breakfast homestay;

— Boardinghouse;

— China and/or silver shop;

— Copy service;

— Floral shop;

— Gift shop;

— Greeting card sales;

— Handicraft shop;

— Hobby and/or crafts shop;

— Home occupation;

— Household pets;

— Key and lock service;

— Manicuring, pedicuring and electrolysis of hair;

— Medical, optical and dental labs;

— Notions;

— Office, business or professional;

— Optometrist and/or oculist;

— Parking lot;

— Photographer;

— Public and quasi-public uses;

— Residential facility for elderly persons;

— Residential facility for persons with a disability;

— Stationery shop;

— Tailor shop;

— Temporary buildings for uses incidental to construction work.

B.

Permitted uses in the MD-3 zone include:

Accessory uses and buildings customarily incidental to a permitted use or a conditional use;

— Agriculture;

— Antique shop;

— Art gallery;

— Art needlework shop;

— Art shop and/or artist supply;

— Bank or financial institution;

— Barber shop;

— Beauty shop;

— Bed and breakfast homestay;

— Boardinghouse;

— Bookstore;

— China and/or silver service;

— Copy service;

— Floral shop;

— Gift shop;

— Greeting card sales;

— Handicraft shop;

— Health food store;

— Hobby and/or crafts shop;

— Household pets;

— Key and lock service;

— Manicuring, pedicuring and electrolysis of hair;

— Medical, optical and dental labs;

— Notions;

— Office, business or professional;

— Office supply;

— Optometrist and/or oculist;

— Parking lot;

— Pharmacy;

— Photographer;

— Public and quasi-public uses;

— Residential facility for elderly persons;

— Stationery shop;

— Tailor shop;

— Temporary buildings for uses incidental to construction work;

— Travel bureau.

(Ord. No. 1753, § III, 8-6-2013; Ord. 1535, § 5 (part), 2004; Ord. 1452, § 14, 1999; Ord. 1249, §§ 2, 3, 1993; Ord. 1200, § 6, 1992; Ord. 1198, § 8 (part), 1992; Ord. 1113, § 1 (part), 1990)

A.

Conditional uses in the MD-1 zone include:

— Bed and breakfast inn; which may include a restaurant and conference meeting rooms;

— Bicycle shop;

— Bookstore;

— Class B beer outlet;

— Clothes cleaning, dyeing and pressing agency;

— Day care/preschool center;

— Health food store;

— Laundry, automatic self-help type;

— Lodginghouse;

— Nursery and greenhouse excluding retail sales;

— Nursing home;

— Planned unit development;

— Private educational institution;

— Private nonprofit recreational grounds and facilities;

— Reception center;

— Residential uses with a maximum density of seven units/acre, including group dwellings, planned unit developments, apartments, multiple dwellings, etc.;

— Restaurant, excluding fast-food or drive-through window;

— Restaurant liquor license;

— Shared parking;

— Shoe repair shop;

— Short-term rental;

— Tanning studio;

— Veterinary, provided the operation is completely enclosed within an air-conditioned soundproofed building. The noise from the animals shall not be audible at the property line;

— Wedding chapel.

B.

Conditional uses in the MD-3 zone include:

— Bed and breakfast inn; which may include a restaurant and conference meeting rooms;

— Bicycle shop;

— Bookstore;

— Class B beer outlet;

— Clothes cleaning, dyeing and pressing agency;

— Day care/preschool center;

— Gymnastics, dance, dramatic, cosmetic, modeling and art studios;

— Health food store;

— Laundry, automatic self-help type;

— Lodginghouse;

— Mortuary;

— Music store;

— Nursery and greenhouse;

— Nursing home;

— Planned unit development;

— Private educational institution;

— Private nonprofit recreational grounds and facilities;

— Reception center;

— Residential uses with a maximum density of twelve units/acre, including group dwellings, planned unit developments, apartments, multiple dwellings, etc.;

— Restaurant, excluding fast-food or drive-through window;

— Restaurant liquor license;

— Shared parking;

— Shoe repair shop;

— Short-term rental;

— Tanning studio;

— Veterinary, provided the operation is completely enclosed within an air-conditioned soundproofed building. The noise from the animals shall not be audible at the property line;

— Wedding chapel.

(Ord. 1416 § 2 (part), 1998; Ord. 1361 § 9, 1996; Ord. 1293 § 3, 1995; Ord. 1249 § 4, 1993; Ord. 1198 § 7 (part), 1992; Ord. 1113 § 1 (part), 1990)

Commercial uses shall not be open for business before six a.m. or after eleven p.m.

(Ord. 1113 § 1 (part), 1990)

The uses specified in this chapter for the MD-1 and MD-3 zones shall be permitted only under the following conditions:

A.

No manufacturing is allowed;

B.

No outside storage of any stock, motor vehicles or other property is allowed except for two delivery vehicles three-quarter ton or smaller.

(Ord. 1113 § 1 (part), 1990)

In the MD-1 and MD-3 zones the minimum lot area and width shall be as follows:

A.

MD-1 Zone.

1.

Minimum lot area: one acre;

2.

Minimum lot width: two hundred feet.

B.

MD-3 Zone.

1.

Minimum lot area: three acres;

2.

Minimum lot width: two hundred fifty feet.

(Ord. 1113 § 1 (part), 1990)

In the MD-1 and MD-3 zones the minimum yard requirements for all main and accessory buildings are as follows:

A.

MD-1 Zone.

1.

Front yard: thirty feet;

2.

Side yard: thirty feet;

3.

Rear yard: thirty feet.

B.

MD-3 Zone.

1.

Front yard: thirty feet;

2.

Side yard: thirty feet;

3.

Rear yard: thirty feet.

The planning commission may vary the yard requirements for conversion of an existing use to a mixed development use.

(Ord. 1113 § 1 (part), 1990)

A.

No building or structure located in an MD-1 zone shall contain more than one and one-half stories or exceed twenty feet in height.

B.

No building or structure located in an MD-3 zone shall contain more than three stories, except a building or structure located within fifty feet of a residential zone boundary line or a residential use shall not contain more than two stories.

C.

No residential building shall contain less than one story.

D.

The planning commission may vary the height requirements for conversion of an existing use to a mixed development use.

(Ord. 1113 § 1 (part), 1990)

In the MD-1 and MD-3 zones no building or group of buildings with their accessory buildings, shall cover more than forty percent of the area of the lot.

(Ord. 1113 § 1 (part), 1990)

All mixed use developments shall have a decorative tinted concrete or masonry wall on all rear and side yards not fronting on a public street.

All perimeter walls shall be a minimum of six feet high unless the planning commission requires a higher wall as part of the conditional use approval.

(Ord. 1113 § 1 (part), 1990)

Landscaping shall be as specified in Chapter 19.77 of this title.

(Ord. 1609 § 13 (part), 2007: Ord. 1113 § 1 (part), 1990)

The maximum height of luminaries shall be eighteen feet unless the planning commission requires a lower height as part of the conditional use approval. The light shall be low intensity, shielded from uses on adjoining lots, and directed away from adjacent property in a residential zone or an adjacent residential use. All parking luminaries, except those required for security, must be extinguished one hour after the end of business hours. The exception for security lighting applies to twenty-five percent of the total luminaries used, unless the planning commission approves a higher percentage as part of the conditional use approval.

(Ord. 1113 § 1 (part), 1990)

The noise level emanating from any use or operation shall not exceed the limits in the health department health regulation number twenty-one, or its successor, regarding noise control. The noise level shall not in any case exceed five decibels above the ambient level of the area measured at the property line. For the purposes of compliance with health regulation number twenty-one all properties located within a mixed development zone shall be considered residential.

(Ord. 1473 (part), 2001: Ord. 1113 § 1 (part), 1990)

When off-street parking areas are situated across the street from a property in a residential zone, a masonry wall or berm a minimum of three feet in height shall be erected in the landscaped front yard or landscaped side yard which faces on a street on corner lots to adequately screen the parking areas from the residential properties.

B.

All ground-mounted mechanical equipment including, but not limited to, heating and air conditioning units, and trash receptacle areas shall be completely screened from surrounding properties by a masonry wall or shall be enclosed within a building.

C.

The design of all roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be approved by the planning commission to minimize visibility from on-site parking areas, adjacent public street and adjacent residentially zoned property.

D.

All utility connections shall be designed to be compatible with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. Power lines and other utility cables shall be installed underground where possible.

(Ord. 1113 § 1 (part), 1990)

The number of access points along public streets shall be minimized by sharing and linking parking areas with adjacent properties. Reciprocal ingress and egress, circulation and parking agreements shall be required to facilitate the ease of vehicular movement between adjoining properties. On corner sites access points shall be located as far from the corner as reasonably possible and in no case less than forty feet from the point of intersection of the property lines. Vehicular circulation shall be designed to limit the intrusion of traffic into residential areas, and minimize access on streets used by schoolchildren.

(Ord. 1113 § 1 (part), 1990)

No use shall be permitted which creates odor in such quantity as to be readily detectable beyond the boundaries of the site.

(Ord. 1113 § 1 (part), 1990)

In order to meet the purposes of this chapter the planning commission shall consider the following prior to approval of any plan:

A.

Lots should be accumulated to provide the minimum lot area. Individual lots with an area smaller than the minimum lot area are not suitable for a mixed development.

B.

The development shall provided on-site amenities and appropriate buffering to adjacent properties and uses.

C.

The scale of the development shall be in character with the surrounding land uses.

D.

Safe access shall be provided within the site and to public streets.

E.

The development shall have a residential character if adjacent to residential areas.

(Ord. 1113 § 1 (part), 1990)

Mixed development uses shall be consistent with the county general plan.

(Ord. 1473 (part), 2001: Ord. 1113 § 1 (part), 1990)