Chapter 19.42
COMMUNITY MIXED USE (CMU) DISTRICT
Sections:
19.42.050 Development standards.
19.42.060 Performance standards.
19.42.010 Purpose.
This district is intended to accommodate a range of retail, service, civic, entertainment, recreation, and higher density residential uses to create a new focal point of community activity and to integrate living, working, shopping and recreation activities. The uses are intended to exist in a compatible and complementary manner with surrounding uses and districts. Street-based store frontages and plazas are encouraged to provide for a pedestrian-friendly atmosphere. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1654-07 § 2, 2007).
19.42.020 Permitted uses.
Permitted uses in the CMU district are limited to site developments with no more than 50,000 square feet aggregate gross structure area and are as follows:
A. Multifamily structure except that a multifamily structure or its accessory uses are not permitted at street level if fronting on 20th Street East;
B. Mixed use development; provided, that any structure that includes residential use shall provide at least four dwelling units and that residential use or accessory uses are not permitted at street level if fronting 20th Street East;
C. Professional office including consulting, insurance, real estate sales, professional organizations, radio station without an on-site transmission tower;
D. Retail sales store including, but not limited to, the sale or rental of the following items: antiques, appliances (new), art, bicycles, books, carpets, clothing, fabrics, flowers, food, furniture, garden supply, gifts, hardware, hobby supplies, jewelry, newspapers, office equipment and supplies, paint, pets and pet supplies, pharmaceuticals, photography supplies, pottery, shoes, sporting goods, stationery, tile, toys, videos and wallpaper, year-round farmer’s market, food/grocery/supermarket;
E. Commercial service including, but not limited to, banking, beauty and hair care, cleaning, copying, dry cleaning, glass studio works, financial, health (club), laundry, locksmithing, paging, pet grooming, printing (small-scale), studio photography, tailoring, telecommunication sales;
F. Entertainment facility, including arcade, indoor miniature golf course, indoor movie or stage theater, museum;
G. Commercial instruction including, but not limited to, airline, art, barber, beauty, business, computer, dance, driving, gaming dealers, language, music, photography, self defense and trade;
H. Public and quasi-public use and facility including, but not limited to, community center, court, fire station, governmental office, museum, parking facility, park, police station, pool, post office, senior center, school, substation, utility and well facility;
I. Civic, labor, social and fraternal organization, except that a labor, social, and fraternal organization is not permitted at street level fronting 20th Street East;
J. Restaurant, but excluding dancing, live stage or similar entertainment activities, and drive-through;
K. Espresso stand, excluding drive-through;
L. Attached wireless communication facility (WCF) on a nonresidential attachment structure (see Chapter 19.72 FMC);
M. An off-site parking lot accessory to and located within 500 feet of its associated primary use; provided, that the off-street parking lot is legally encumbered to serve the associated use;
N. Family-oriented dining establishment, where alcoholic beverages may be served as incidental and complementary to the serving of food, such that any area that is primarily intended for dispensing and consumption of alcoholic beverages, including but not limited to a lounge or bar, shall not occupy more than 25 percent of the total floor areas intended for public use;
O. Brewpub, including beer and wine. An eating and drinking establishment having a microbrewery on the premises which produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is consumed on the premises. This classification allows a brewpub to sell beer/wine retail and/or act as wholesaler for beer of its own production for off-site consumption, with appropriate state licenses;
P. Electric vehicle infrastructure;
Q. Mobile food units subject to the requirements of FMC 19.68.075. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1858 § 3, 2014; Ord. 1780 § 12, 2012; Ord. 1654-07 § 2, 2007).
19.42.025 Permitted subject to a development agreement.
Repealed by Ord. 2048. (Ord. 1654-07 § 2, 2007).
19.42.030 Accessory uses.
Accessory uses in the CMU district are:
A. Home occupation (see Chapter 19.68 FMC);
B. Microcell for residential use. Excluded from front yard;
C. Amateur and citizen band transmitter, support structure and antenna array (see FMC 19.68.020(B));
D. Residential accessory use or structure which is subordinate and incidental to a permitted residential structure. Residential accessory uses and structures may include, but are not limited to, garage, carport, storage shed, noncommercial greenhouse, fence (six feet or less in height) and the accessory uses listed above. Accessory structures shall be less than or equal to 65 percent of gross floor area of the primary residence or 10,000 square feet, whichever is less, and shall not exceed 20 feet in height;
E. Employee indoor recreation facility;
F. Employee cafe or cafeteria operated in conjunction with a principally permitted use;
G. Food and/or espresso carts as an accessory to a permitted use;
H. Temporary accessory structures and uses (see Chapter 19.68 FMC);
I. Co-location on WCF support structure;
J. Other accessory use or structure which is subordinate and incidental to a principally permitted use, as determined by the director;
K. Child day-care center as an accessory use to a permitted mixed use. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1654-07 § 2, 2007).
19.42.040 Conditional uses.
Uses permitted in the CMU district subject to the granting of a conditional use permit by the hearing examiner are:
A. Any site development with more than 50,000 square feet aggregate gross structure floor area;
B. Outdoor entertainment and recreation, including, but not limited to, amusement park, fairground, horse riding arena, miniature golf course, racquetball court, skating/skateboard facility, sports stadium and tennis court. Excludes shooting range;
C. Commercial parking garage, excluding outside storage of vehicles;
D. Hotel;
E. Bar, tavern and nightclub, located at least 500 feet from the closest property line of any public school, park, and residential zoning district;
F. Restaurant, if including dancing, live stage or similar entertainment activities;
G. Shopping center;
H. Essential public facility (see Chapter 19.68 FMC). (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1654-07 § 2, 2007).
19.42.045 Prohibited uses.
The following are prohibited uses for the community mixed use (CMU) district:
A. Marijuana producing.
B. Marijuana processing.
C. Marijuana retailing or marijuana retailers.
D. Medical marijuana collective gardens. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1872 § 9, 2014).
19.42.050 Development standards.
A. Minimum Lot Area and Site Requirements for Community Mixed Use (CMU). The following requirements are applicable for all development within the CMU district.
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Minimum frontage width |
50 feet. |
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Maximum front yard setback |
For developments less than 10 acres: At least 70% of the linear frontage of a primary structure shall be set back no more than 10 feet from the front property line. For developments of 10 or more acres: 20 feet. |
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Minimum side and rear yard setback |
For sites less than 10 acres: None (only as required by the IBC). For sites 10 or more acres: 10 feet plus 2 feet for each additional foot of structure height above 40 feet; no side and rear yard within the interior of a multi-parcel development. |
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Maximum structure height |
Within projects of less than 10 acres: Primary: 55 feet but in no case to exceed four stories; provided, that no individual floor may exceed 18 feet, floor-to-floor. Within projects of 10 or more acres: Primary: 65 feet or five stories, whichever is less; provided, that the maximum height shall be 55 feet or four stories, whichever is less, for all structures within 100 feet of any adjacent residential zone. Accessory uses: 20 feet. |
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Maximum lot coverage for structures |
Primary: 100%, subject to site development requirements. Accessory: 65% of the coverage of primary structure(s) to a maximum of 10,000 square feet. |
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Green area factor |
30%. |
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Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up. |
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B. Zoning District Development Standards. For sites 10 or more acres, in order to develop neighborhood-like, plaza-based intersections, new retail, commercial or professional uses listed above which front on two or more streets with a minor arterial or greater classification shall provide a 20-foot by 20-foot landscaped area adjacent to such intersection.
C. Additional Zoning District Development Standards. See FMC 19.68.020.
D. Parking and Circulation Regulations. See Chapter 19.56 FMC.
E. Landscaping and Buffering Regulations. Chapter 19.64 FMC applies to all development in this zone district; provided, that to accommodate intense, pedestrian-oriented, urban development, some provisions of Chapter 19.64 FMC may be waived during administrative review to achieve the district’s purpose. Perimeter buffer requirements along adjoining properties within the same zone and the requirement for a landscape strip between the curb and sidewalk are examples of standards that may be waived to achieve a more urban development character.
F. Administrative Design Review. See Chapter 19.60 FMC.
G. Development Agreement. See Chapter 19.68 FMC.
H. Sewer Hookup Requirement. See FMC 19.68.130.
I. Accessory Dwelling Units (ADU). See Chapter 19.80 FMC.
J. Nonconforming Lots, Structures and Uses. See Chapter 19.84 FMC.
K. Fife Municipal Code (FMC). All applicable development procedures and standards identified in the FMC shall apply.
L. Low Impact Development. See FMC Title 21. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1685 § 1(Exh. A), 2009; Ord. 1654-07 § 2, 2007).
19.42.060 Performance standards.
See FMC 19.68.030 for performance standards. (Ord. 2048 § 1 (Exh. A), 2021; Ord. 1654-07 § 2, 2007).