The downtown mixed-use development district (DMXD) is established to provide an aesthetically attractive working environment exclusively for, and conducive to, the development and redevelopment of the downtown area of the city as herein defined in this article.

The regulations set forth in this section have been developed to coordinate these developments and/or redevelopments with the intent to:

1.

Encourage and direct a form of development and/or redevelopment, within the boundaries of the DMXD, which will achieve the physical qualities necessary to maintain and enhance the economic vitality of the downtown and maintain the desired character of the City of Utica's Historic Preservation Overlay District.

2.

Encourage mixed uses of a high density (retail on the first floor with office and residential uses on upper floors) and the renovation of existing buildings; ensure that new buildings are compatible with their context and the desired character of the city's central business district (CBD); ensure that all uses relate to the pedestrian; and promote uses that enhance the viability of the downtown.

3.

Encourage the DMXD to be developed, utilized, and maintained as a prominent and unique community symbol and as an attractive center for cultural activities, special events and festivals.

4.

Maintain the uniqueness and identity of the downtown, toward which end emphasis shall be placed upon maintaining the historic character of the city's CBD.

5.

Encourage the development of environmentally sensitive lands in a safe and economically sound manner.

(Ord. No. 129-10, § 1000(a), 1-31-2002)

The downtown mixed-use development district (DMXD) is described as follows:

-Add Legal Description and Map-

(Ord. No. 129-10, § 1001(a), 1-31-2002)

In the downtown mixed-use district (DMXD), no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged, except for one or more of the following uses:

1.

All uses in the O-1, office districts, permitted and as regulated under section 701.

2.

All uses in the C-1, central business district, permitted and regulated under section 801, principal uses permitted and section 802, principal uses permitted subject to special conditions.

3.

Overnight lodging facility, subject to the following:

a.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

Each unit shall contain not less than 250 square feet of floor area.

c.

No guest shall establish permanent residence at an overnight lodging facility for more than 30 consecutive days within any calendar year.

4.

Attached single-family dwellings, subject to the following:

a.

No single-family attached dwelling unit shall have ground level frontage on a major thoroughfare unless the planning commission finds it advantageous to the development to waive this requirement.

b.

Single-family attached dwelling units shall include two enclosed (garage) off-street parking spaces.

c.

The minimum gross floor area for any single-family dwelling shall be 900 square feet.

(Ord. No. 129-10, § 1003(a), 1-31-2002; Ord. No. 129-16, 5-10-2005)

The following shall be allowed as accessory uses in the downtown mixed-use district:

1.

Uses and structures customarily incidental to a permitted use.

2.

Temporary buildings for use incidental to construction work which buildings shall be removed upon completion or abandonment of the construction work.

3.

Day care facilities.

4.

Indoor and outdoor recreation facilities, such as swimming pools, saunas, game and craft rooms, tennis courts, exercise rooms/studios and outside venue facilities, which are provided in association with a permitted use.

5.

Parking and loading structures and areas provided they are in conjunction with a permitted use.

(Ord. No. 129-10, § 1004(a), 1-31-2002)

The permitted uses enumerated above shall not be construed to include either as a main or accessory use, any of the following uses:

1.

Adult entertainment uses and business establishments by which said property is devoted to displaying or exhibiting obscene material, and/or providing representations or descriptions of any the types sexual conduct, or ultimate sexual acts, as defined by Public Acts No. 343 of 1984 (MCL 752.361 et seq.).

2.

Businesses with a drive-up, drive-through or drive-in character.

3.

Outdoor advertising or billboards (non-accessory signs).

4.

Detached single-family ground floor residences.

5.

Veterinary clinics and kennels.

6.

Heliports.

7.

Mortuary establishments.

(Ord. No. 129-10, § 1004(a), 1-31-2002)

Building placement: Buildings and their elements shall be placed on lots and/or parcels of land as follows:

1.

The minimum land area required for a downtown mixed-use development shall be two contiguous acres under single-ownership and control. For the purpose of this requirement, streets or the Clinton River shall not be deemed to divide acreages.

2.

Lot coverage, including all buildings and paved areas, may be up to 100 percent of the property.

3.

Front, side and rear setbacks shall not be required, except that no building or structure shall be located closer than 40 feet to the banks of the Clinton River and 25 feet from any development boundary line, excluding the Auburn Road frontage. The area along the Clinton River shall be maintained as open space and provide pedestrian access with public walkways and seating plazas.

4.

The minimum distance between buildings shall be subject to the requirements found in section 1301(c) of this ordinance.

5.

Minimum lot or parcel dimensions shall be:

a.

Area: Two acres.

b.

Width: 100 feet of road frontage.

c.

Depth: 200 feet.

6.

All buildings fronting onto Auburn Road shall have their primary pedestrian entrances from the front or road frontage side of the building with secondary pedestrian access being provided at the rear of the buildings.

7.

All buildings fronting onto Auburn Road shall have, at a minimum, office and/or commercial uses on their ground floors unless the planning commission finds that such uses are not necessarily beneficial to the proposed project or to the downtown mixed use district; then the planning commission may waive such uses from being required.

Building height: The maximum building height permitted in DMXD, downtown mixed use-district shall be as follows:

1.

Residential buildings in the DMXD shall not exceed five stories or 60 feet in height.

2.

Office and commercial buildings in the DMXD shall not exceed six stories or 72 feet in height.

3.

Mixed use buildings containing office and/or commercial uses, along with over night lodging facilities or residential uses, shall not exceed six stories or 72 feet in height.

Parking requirements and loading/unloading:

1.

For all residential uses located within the DMXD zone, including upper floor dwellings, off-street parking shall be required pursuant to sections 1405 and 1406 of this ordinance.

2.

For all non-residential uses located within the DMXD zone, off-street parking shall be required pursuant to sections 1405 and 1406 of this ordinance.

3.

Loading/Unloading. There are no loading/unloading space requirements. However, loading docks and service areas shall be permitted only at the rear of the building being serviced. Loading and unloading shall be expressly prohibited from any public thoroughfare (Auburn Road). On a case by case basis, site plan review shall define loading/unloading needs for each use requiring such space, and the planning commission shall specify how those needs will be met. In meeting said needs, the planning commission shall utilize private access drives at the rear of the building being serviced. Loading/unloading areas shall minimize disruption to customer traffic and emergency vehicle access; and, where appropriate, may include public open space areas for loading/unloading.

Residential density:

1.

For attached residential dwellings, the maximum allowed density shall not exceed 30 units per acre. However, the density may be increased to 40 units per acre providing the dwellings have their entire required off-street vehicle parking requirements being contained in an enclosed structure, i.e., parking garage either above or below grade.

2.

For a mixed use building(s), the maximum allowed density shall not exceed 45 units per acre.

Signage requirements:

1.

Free standing signs shall be prohibited in the DMXD zone.

2.

Wall signs shall conform to the requirements found in section 1505.4. of this ordinance. In no case, however, in a mixed use building, shall any portion of a building facade used for a residential use be used in the calculation of the wall sign area.

Architectural and design standards: Architectural style of buildings in the DMXD zone shall be harmonious with the architectural styles found in the city's central business district historic preservation overlay zone. Compliance with these standards shall be verified through the site plan review process. Any variation from these standards shall be specifically reviewed by the planning commission who shall make recommendations to the city council for final approval. The city council, by the means of section 1802, "review and approval of conditional uses", may approve, modify, or deny the planning commission's recommendation to make any variations with the following architectural and design standards.

1.

Exterior building finish: The exterior finish material on all facades shall be the same and limited to glass, brick, cut stone or coarsely textured stucco. Exterior insulation finish systems, commonly known as Dryvit, aluminum, vinyl and wood are not allowed. Wood, however, may used for trim and doors.

2.

Blank walls: Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front of a building, such as awnings, cornice work, edge detailing, or decorative finish materials.

3.

Storefronts: Storefronts shall be directly accessible from public sidewalks (front and rear of said storefronts), and retail storefronts must have transparent areas equal to 70 percent of its portion of the facade, between two and eight feet from the ground. Other commercial uses and office uses must have transparent areas at least 25 percent of its portion of the ground floor facade. Special architectural features may be considered for adjustments to the ground floor facade window provisions, which shall be reviewed and approved by the city council. Storefronts shall have window mullions systems, doorways, and signage which are integrally designed into the facade.

4.

Glass: Glass shall be clear or lightly tinted only. Mirrored glass shall be prohibited.

5.

Sliding doors and sliding windows: Sliding doors and windows shall be prohibited on any facade that faces a public thoroughfare.

6.

Flat roofs: Flat roofs shall be encouraged on mixed used and non-residential buildings, and roof mounted equipment shall be fully screened with parapet walls providing said parapet walls do not exceed six feet in height.

7.

Pitched roofs: Pitched roofs shall not shed snow or water onto any public right-of-way, pedestrian walkway or onto any adjacent property without the approval of the city council.

8.

Mansard roofs: Mansard roofs shall be prohibited in the DMXD zone.

9.

Balconies, railings, and porches: Balconies, railings and porch structures shall be constructed of metal, wood, cast concrete, or stone.

10.

Awnings: Facades may be supplemented by awnings, which add color and visual interest to an entry or display window, and give shade and shelter. They can also provide a location for store logos or signs. Awnings shall be made of quality materials, such as heavy canvas that will not fade or tear easily. When awnings are used on both upper and lower facades, they should be of compatible color, material and design. Prohibited awning types include rigid plastic formed awnings (typically cubed or curved, with or without internal lighting); stock unpainted metal awnings; and mansard style canopy awnings. Storefront awnings shall be a minimum of eight feet above sidewalk grade and shall not extend above the second floor window sill or extended any closer than four feet to a curb of a public road.

11.

New buildings: Any new building shall provide distinct and prominent architectural features of enhanced character and visibility, which reflect the importance of the building's location and which creates a positive visual landmark.

12.

Planter boxes: Planter and/or flower boxes shall be allowed, on a public sidewalk, without permit, provided that the planter containers be placed at the storefront entry and/or under storefront display windows and encroach upon the sidewalk no more than two feet from the building. Planter boxes are also encouraged to be used throughout the mixed-use development.

13.

Outdoor displays: Appropriate temporary outdoor displays for retail shops are allowed on a storefront's private property abutting the sidewalk. Permits are not required for appropriate store merchandise displays on a storefront's private property, provided that the display coverage allows customers easy storefront entry.

14.

Colors: Colors of any building component, including accents, shall be harmonious.

15.

Over street connections: Over street connections may be allowed between mixed-use buildings and/or non-residential buildings, but they are expressly prohibited between buildings used solely for residential purposes.

(Ord. No. 129-10, § 1005(a), 1-31-2002; Ord. No. 129-16, 5-10-2005)

The process for obtaining review and approval of a downtown mixed-use development is as follows:

1.

Downtown mixed-use developments shall be subject to the review and approval by the planning commission and city council as specified in section 1802, "review and approval of conditional uses", and section 1800, "site plan review" of this zoning ordinance.

2.

Prior to committing to any lot and/or parcel or site design, the developer and its professional consultants shall meet the city administration and planner (planning consultant) to review the local regulations governing the proposed development, including design and processing requirements.

At this meeting, the applicant is expected to outline to the city, the project in terms of land use, anticipated building arrangement and site design, and proposed construction timetable.

3.

A development plan (master plan) for the total acreage embraced by the proposal shall be submitted to the city planning commission for its review, and to the city council, for its approval before any development may be undertaken or any building permit is issued for a site within the downtown mixed-use development district.

4.

An application shall be submitted by the applicant and be accompanied by a nonrefundable processing fee in an amount established by council resolution. The application shall also be accompanied by statements, plans, evidence, material, and documentation necessary to enable the planning commission and city council to make the findings required by this article. The required documentation shall consist of any or all of the following:

a.

A narrative which provides the evidence that the project satisfies section 1005(a) requirements, and describes existing site characteristics, the proposed character of the development, and a discussion of the means serving the development with sewer and water.

b.

Statement of covenants, grants of easements, and other restrictions to be imposed upon the uses of land and structures.

c.

A site plan prepared in accordance with section 1800.

d.

A schedule indicating the proposed timing of the development, including staging, if appropriate.

e.

Any other data, plans, or drawings considered by the planning commission or city council to be necessary for the consideration of the proposal.

(Ord. No. 129-10, § 1006(a), 1-31-2002)