Chapter 2-55
NM – NEIGHBORHOOD MIXED USE DISTRICT
Sections:
2-55-010 Purpose.
2-55-020 Uses permitted.
2-55-030 Uses permitted with conditional use permit approval.
2-55-040 Minimum lot specifications and lot development regulations.
2-55-010 Purpose.
The purposes of the NM district are:
A. To designate areas for the location of a mixture of neighborhood-serving businesses and residential uses;
B. To provide options for housing with ready access to neighborhood shops;
C. To offer flexibility in subdivision design and development;
D. To encourage a variety of housing types; and
E. To ensure that densities shall not exceed those conforming to the general plan. In order to achieve these goals and to enable the city to zone in conformance with general plan densities, the NM district is divided into the NM-1, NM-2, and NM-3 zones. (Ord. 1736 § 2, 2004)
2-55-020 Uses permitted.
The following uses are permitted subject to approval of a zoning use permit, design review as required under LPZC 5-05-110, and any other prerequisite permits, and conformance to all applicable regulations set forth in this chapter and elsewhere in this code:
A. Commercial Uses. Up to 100 percent of the project may be developed with commercial uses. The following commercial uses are permitted:
1. Retail Uses.
a. Bicycle sales, service, and rental.
b. Bookstores, except adult bookstores.
c. Apparel and accessories.
d. Bakeries.
e. Food stores (including convenience markets).
f. Furniture, home furnishings and appliance sales, service, and rentals.
g. Miscellaneous retail, including candy or ice cream stores, drug stores, hobby or crafts shops, jewelry stores, liquor stores, newsstands, specialty shops, variety stores, pet stores, computer stores, or animal grooming.
2. Consumer Services.
a. Business services, excluding sales, storage or rental of heavy equipment.
b. Catering establishments.
c. Restaurants up to 2,000 square feet, except fast foods.
d. Financial and business institutions.
3. Personal Service Shops.
a. Barber and beauty shops.
b. Garment pressing, repair and alteration.
c. Laundering, dry cleaning, laundromats.
d. Cleaning pickup stations.
e. Shoe repair shops.
f. Printing, limited to letter press and duplication machines.
g. Specialty schools, which would not generate excessive noise or amounts of people or traffic, and would not create a nuisance for the surrounding area.
h. Studios, photography and artists.
i. Vending machines.
j. Karate, judo, health fitness facilities not exceeding 3,000 square feet.
4. Home Improvements.
a. Hardware, including light building materials.
b. Paint, glass, wallpaper and floor covering.
c. Miscellaneous repair services, including only establishments engaged in the repairing and servicing of household and business equipment, machines and furnishings.
5. Offices.
a. Administrative.
b. Business.
c. Dental.
d. Medical.
e. Optical.
f. Pharmacy.
g. Professional.
h. X-ray laboratory.
6. Signs.
7. Automobile parking lots.
B. Residential Uses. A minimum of 25 percent of the project site’s floor area shall be developed with commercial uses. The following residential uses are permitted:
1. Single-family, duplex, multiple-family dwelling units, rest homes, nursing homes, and rooming and boarding houses.
2. Home occupations.
3. Off-street parking lots appurtenant to any permitted use.
4. Accessory uses and structures appurtenant to any permitted use, except home occupations.
5. Tract office and model homes (LPZC 3-10-320) and permitted signs (Chapter 3-45 LPZC).
6. Health facilities as set forth in LPZC 3-10-340.
7. Nursery schools and day care centers as provided by LPZC 3-10-330. (Ord. 1736 § 2, 2004)
2-55-030 Uses permitted with conditional use permit approval.
The following uses are permitted subject to approval of a conditional use permit:
A. Public and quasi-public uses.
B. Karate, judo, and health fitness facilities exceeding 3,000 square feet.
C. Similar uses determined by the planning commission to be of the same general character as the above uses.
D. Restaurants exceeding 2,000 square feet. (Ord. 1736 § 2, 2004)
2-55-040 Minimum lot specifications and lot development regulations.
A. Floor Area Ratio.
1. Commercial uses in conjunction with residential development shall comprise a minimum floor area of 20 percent of the total floor area up to a maximum of 30 percent.
2. Commercial development with no residential component is subject to the standards of the CN zoning district.
3. Residential uses may be developed on-site consistent with the permitted density and in conjunction with a minimum of 20 percent of the site floor area developed with commercial uses.
4. Vertical mixed use is permitted and encouraged on-site (i.e., ground-level retail sales and service uses or eating and drinking establishments with the above floors used for residential or office).
B. Residential Density. Residential development shall be consistent with the following densities for the total project site area:
1. Neighborhood Mixed Use 1 (NM-1). Base density is two to three dwelling units per acre. A density of 12 to 15 dwelling units per acre may be achieved through the purchase of transferable development credits per the TDC ordinance.
2. Neighborhood Mixed Use 2 (NM-2). Base density is three to four and one-half dwelling units per acre. A density of 15 to 24 dwelling units per acre may be achieved through the purchase of transferable development credits per the TDC ordinance.
3. Neighborhood Mixed Use 3 (NM-3). Base density is six to eight dwelling units per acre. A density of 24 to 38 dwelling units per acre may be achieved through the purchase of transferable development credits per the TDC ordinance.
C. Street Frontage Yards.
1. Ground Floor Commercial Development and Residential Development above the First Floor. There is no minimum setback; the maximum setback is 20 feet.
2. Ground Floor Residential Development. Fifteen feet.
3. For residential development, front entrances, entrance porticos, porches, stairs, canopies and special architectural entry features may extend a maximum of six feet into the street frontage yard area. The total linear building frontage encroaching into the street frontage yard area may not exceed one-half of the total length of the building.
D. Minimum Nonstreet Frontage Yard.
1. Commercial and Residential Development. Ten feet, except when located adjacent to an existing residential use or district, the nonstreet frontage yard shall be increased to a minimum of 20 feet.
E. Building Height.
1. Maximum building height shall be three stories, but no greater than 40 feet.
2. When located adjacent to existing residential use or district, the maximum height of a building shall be two stories, but no greater than 20 feet and located a minimum of 20 feet from the adjacent property line. Building height may increase to three stories, but no greater than 40 feet, 30 feet from the property line.
F. Fencing.
1. On any property line where the boundary abuts a residential use, a minimum six-foot high masonry wall shall be constructed and maintained in good repair.
G. Landscaping.
1. A landscaped strip providing a tall vegetative screen and having a minimum width of 20 feet shall be provided along any property line abutting a residential district or use.
H. Parking.
1. Commercial Development. Parking shall be provided at a ratio of one space per 500 square feet of floor area.
2. Residential Development. Parking shall be provided consistent with Chapter 3-20 LPZC.
I. Required Open Space.
1. Outdoor space shall be provided at a minimum of 200 square feet of common open space and 100 square feet of private open space per residential unit.
2. Common open space areas and the paths that link them should facilitate the integration of mixed land uses on the site.
3. Common open space shall not include required dwelling yard areas.
4. Open space must be provided on-site.
5. Minimum dimension for common open space is 12 feet in any single direction.
6. Private open space in multifamily developments may be provided as porches, balconies, decks, yards, terraces, or patios. Minimum dimension for private open space is six feet in any single direction, if provided as part of a porch or balcony; if provided as a deck, yard, terrace or patio, the minimum dimension for private open space is eight feet in any single direction.
J. Utility, Trash, Recycling, Food Waste and Service Equipment.
1. Shall not be located within any required setback.
2. Shall be enclosed or screened by landscaping, fencing, or other architectural means.
3. Rooftop equipment must be screened on all sides and must be integrated architecturally in the building design.
Trash facilities and recycling containers must always be within structural enclosures consistent with city guidelines and regulations (Chapter 3-60 LPZC). (Ord. 1770 § 1, 2005; Ord. 1736 § 2, 2004)