Article 12.3 — MULTIPLE-FAMILY RESIDENTIAL-COMMERCIAL PARKING ZONE (RMCP)

The purpose of the multiple-family residential-commercial parking (RMCP) zone is to provide a transitional zone between a commercial zone and a residential zone which will provide uses compatible to the adjacent zones. (Ord. 80O-1759, eff. 4-17-1980)

Subject to the provisions of this article, no lot, premises, building or portion thereof in the multiple-family residentialcommercial parking (RMCP) zone shall be erected, constructed, built, altered, enlarged, built upon, used or occupied except for the following purposes:

• A. Those uses permitted in the R-4 zone.

• B. Those uses conditionally permitted in the R-4 zone if authorized by a conditional use permit pursuant to the procedures set forth in article 12 of this chapter.

C. Convenience retail uses. For the purposes of this section, "convenience retail" shall mean the retail sale of food and beverages for off site consumption; provided, further, that a bakery use may prepare and cook its food on site and may provide a limited seating area not to exceed eighteen percent (18%) of the floor area for the on site consumption of such baked goods and beverages. Convenience retail shall also mean the retail sale of hardware; pharmaceutical products; small personal convenience items, such as toiletries, tobacco, magazines, plants, and flowers; personal convenience services, such as barber and beauty care, shoe repair, alterations, locksmiths, small appliance repair, laundry or dry cleaning facilities (excluding self-serve laundromats) subject to the restrictions set forth in this article; or uses which are generally characterized as serving the convenience shopping needs of those living in the area.

• D. Public parking uses.

• E. Housing for the elderly and handicapped.

F. The uses set forth in this section may be combined in a single building or structure by a conditional use permit. (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O-1882, eff. 3-31-1983; Ord. 91-O-2133, eff. 12-5-1991; Ord. 05-O2463, eff. 3-18-2005)

A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for at least one year), provided that the initial lease term shall be at least one year. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing. (Ord. 25-O-2918, eff. 9-5-2025)

Except as otherwise provided in this article, any building or structure constructed, erected, or enlarged for any use permitted by the provisions of this article shall comply with all the provisions of this chapter. (Ord. 80-O-1759, eff. 4- 17-1980)

Convenience retail uses shall be permitted by conditional use permit only and shall be located only on the ground floor of a parking building or structure; provided, however, the floor area utilized of a parking building or structure shall not occupy more than twenty five percent (25%) of the total floor area of the parking building or structure. Convenience retail uses, exclusive of the parking required for such uses, shall not occupy more than fifty percent (50%) of the ground floor of any parking building or structure. (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O-1882, eff. 3-311983)

• A. A building used exclusively for public parking shall not exceed forty feet (40') in height.

• B. In any building or structure in which the top floor is used for public parking, a wall five feet (5') in height shall be maintained above the top floor around all sides of the building or structure, except the alley side. The height of the

wall shall not be used in determining the height of the building or structure for the purposes of the maximum height permitted by this article.

C. Surface parking upon any lot upon which no parking structure is constructed or maintained shall be subject to the provisions of this code applicable to automobile parking lots. (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O1882, eff. 3-31-1983)

A. A building used exclusively for multi-family residential purposes, exclusive of housing for the elderly and handicapped persons, as set forth in article 12.5 of this chapter, shall not exceed twenty eight feet (28') in height. B. A building used exclusively for housing for elderly and handicapped persons under said article 12.5 of this chapter shall not exceed the maximum height of sixty feet (60'). (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O1882, eff. 3-31-1983)

The planning commission may grant the combination of any uses permitted by this article in a building or structure by a conditional use permit subject to the following requirements:

A. A minimum of seventy five percent (75%) of the total floor area shall be used for public parking; provided, however, this requirement shall not be applicable to any combination of uses where thirty three percent (33%) or more of the total floor area is used for housing elderly and handicapped persons under article 12.5 of this chapter.

B. Height shall not exceed forty feet (40'); provided, however, where all stories above the ground floor are used for housing elderly and handicapped persons under article 12.5 of this chapter, a maximum height of sixty feet (60') shall be permitted. (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O-1882, eff. 3-31-1983)

All setback areas shall be landscaped in accordance with specifications on file in the recreation and parks department. Setback distances for the portion of any structure housing the uses specified in this section shall comply with the provisions of this chapter pertaining to such uses, except for the purposes of this article, the following special setback requirements shall apply to such uses:

• A. The portion of any building used for residential purposes shall maintain a minimum setback as follows:

1. A front lot line setback from Crescent Drive of not less than fifteen feet (15'); and

2. Where a residential use is combined with any other use, the residential portion of the building shall maintain a setback of not less than the setback on any portion of the building below such residential use.

• B. The portion of any building used for public parking purposes shall maintain a minimum setback as follows:

1. A front lot line setback from Crescent Drive of not less than fifteen feet (15');

2. A lot line setback from any other public street, excluding alleys, of not less than five feet (5'); and

3. A lot line setback from any site boundary other than a public street or alley of not less than five feet (5') for the first story or first twelve feet (12') in height, whichever is less; plus an additional two foot (2') setback for each additional story, or twelve feet (12') in height, whichever is less.

C. Where any portion of any building is used for convenience- retail purposes, the following minimum setbacks for the entire building shall be maintained:

1. A front lot line setback from Crescent Drive of not less than five feet (5') for fifty percent (50%) of the building frontage and not less than fifteen feet (15') for the remaining fifty percent (50%) of the building frontage; provided,

further, if the building is also used for residential housing under article 12.5 of this chapter, the first story of such structure may be set back not less than five feet (5') for sixty percent (60%) of the building frontage and not less than fifteen feet (15') for the remaining forty percent (40%) of the building frontage.

2. Except as provided in subsection C1 of this section, all other convenience-retail setbacks shall comply with the public parking setbacks set forth in subsection B of this section.

3. Except as provided in subsection C1 of this section, portions of buildings containing public parking uses shall comply with the public parking provisions of this article, and portions of buildings containing residential uses shall comply with the residential use provisions of this article.

D. Any property used exclusively for surface parking shall maintain a minimum setback from any public street of not less than five feet (5'). (Ord. 80-O-1759, eff. 4-17-1980; amd. Ord. 83-O-1882, eff. 3-31-1983)

A. Multiple-Family Residential Uses Setback Encroachments: The following may encroach upon any required setback if, pursuant to article 28.5 of this chapter, the reviewing authority issues an R-4 permit. Such permit shall only be issued upon a finding that the encroachment is compatible with the building design, the nearby streetscape and the surrounding development.

1. Marquees, canopies and awnings not exceeding twenty five feet (25') in length along the direction of the street and which have been reviewed by the architectural commission pursuant to this chapter; and

2. Trellises and other similar landscape features not exceeding forty feet (40') in length along the direction of the street per trellis, provided all such structures are completely on private property.

B. Combined Uses Setback Encroachments: Where public parking, convenience retail, and housing for elderly and handicapped persons under article 12.5 of this chapter are authorized as combined uses under a conditional use permit, the article 12.5 housing portion of the building may encroach upon any required setback as follows:

1. Bay windows, a maximum distance of three feet (3');

2. Balconies, including vertical and horizontal wing walls, a maximum distance of seven feet (7');

3. Pergolas, a maximum distance of fourteen feet (14') into any rear yard setback at the second story and above provided such pergolas do not extend beyond the vertical wall of the story immediately below; and

4. Planters may encroach in any setback area which does not abut a street or alley provided such planters do not exceed a height of ten feet (10').

C. Multiple-Family Residential Uses Right Of Way Encroachments: The following may encroach upon the public right of way if, pursuant to article 28.5 of this chapter, the reviewing authority issues an R-4 permit. Such permit shall only be issued upon a finding that the encroachment is compatible with the building design, the nearby streetscape and the surrounding development.

1. Marquees, canopies and awnings not exceeding twenty five feet (25') in length along the direction of the street that do not project more than two-thirds ([2] /3) of the distance from the property line to the curb and that are not less

than eight feet (8') above the ground or pavement below, provided that the marquee, canopy or awning receives architectural commission review pursuant to this chapter.

• D. Definitions: For the purposes of this section, the following definitions shall apply:

AWNING: A shelter or roof like structure supported entirely from the exterior wall of a building.

CANOPY: An ornamental roof like structure constructed of canvas or similar material projecting over an entrance to a building.

MARQUEE: A permanent roof like structure constructed of metal or glass projecting over an entrance to a building or structure.

TRELLIS: An open framed, decorative landscape structure constructed of latticework. (Ord. 83-O-1882, eff. 3-311983; amd. Ord. 04-O-2453, eff. 10-10-2004)

• A. Nonconforming Use: A hotel is not a permitted use within the RMCP zone.

B. Uses Restricted: Within any nonconforming hotel in the RMCP zone, it shall be unlawful for any person to erect, construct, establish, alter, enlarge, maintain, or use any building, structure, or improvement which is used, designed, arranged, or intended to be used or occupied for retail sales rooms (other than convenience retail uses permitted pursuant to a conditional use permit), stores, offices of a business other than the hotel, and other service uses such as vehicle rentals.

C. Expansion Restricted: A nonconforming hotel in the RMCP zone may be altered or enlarged for the purpose of renovating the hotel, provided that such alteration or enlargement does not increase the total number of guestrooms in the nonconforming hotel. It shall otherwise be unlawful to expand, enlarge or intensify a nonconforming hotel use except as allowed by section 10-3-1240 of this article. (Ord. 01-O-2383, eff. 1-2-2001; amd. Ord. 02-O-2408, eff. 1018-2002)

Subject to the following restrictions, restaurants or dining rooms may be operated within a nonconforming hotel located in the RMCP zone:

A. Private Dining Rooms: A private dining room may be operated within a nonconforming hotel in the RMCP zone provided that the dining room serves only hotel occupants and their guests and has no door or entrance opening through an exterior wall except a service door into a garage or warehouse or an emergency exit door.

B. Restaurants: A restaurant may be operated within a nonconforming hotel pursuant to a conditional use permit if the hotel and restaurant meet the following criteria:

1. No patrons of the restaurant are seated after eleven o'clock (11:00) P.M.

2. No live entertainment is performed.

3. No banquets or similar private receptions or parties are held at the restaurant.

4. Parking is provided free of charge to employees to ensure that employees do not park in the public right of

way.

C. Restaurant Conditional Use Permit: Prior to issuing a conditional use permit to allow a restaurant to be located in a nonconforming hotel, the planning commission shall consider, as part of its determination pursuant to article 38 of this chapter, whether the restaurant will have a substantial adverse impact on the use and enjoyment of surrounding residential properties due to:

1. The accumulation of garbage, trash, or other waste;

2. Noise created by the operation of the restaurant or by employees or visitors entering or exiting the restaurant;

3. Light and glare;

4. Odors or noxious fumes;

5. Parking demand created by the restaurant, including parking demand created by employees; or

6. Traffic.

D. Signage: In addition to any other signage permitted for the hotel, a hotel restaurant or private dining room may be identified by a sign at the entrance to the restaurant or private dining room. The size of the sign shall be approved by the planning commission but in no event shall the sign exceed twelve (12) square feet. The sign shall not be illuminated except with back lighting.

E. Outdoor Dining: Outdoor dining may be approved by the planning commission as part of the issuance of a conditional use permit subject to the issuance of a development plan review approval that must be renewed on an annual basis for the first three (3) years and every three (3) years thereafter unless the director of planning and community development determines that more frequent review and renewal is required to ensure that no adverse impacts occur. (Ord. 01-O-2383, eff. 11-2-2001; amd. Ord. 02-O-2408, eff. 10-18-2002)

Dry cleaning plants and pressing plants of all kinds shall be permitted in the RMCP zone under the following conditions:

A. Noise And Odor: No noise, odor, or other evidence of dry cleaning or pressing shall be detectable by a person outside such building or outside the portion of the building used for cleaning or pressing.

B. Cleaning Fluid And Capacity: No explosive or inflammable cleaning fluid shall be used in dry cleaning plants except when used in self-contained cleaning machines or units and unless the same has a flashpoint of not less than 138.5 degrees Fahrenheit (138.5°F). Any such installation shall be in conformity with the state fire marshal and the provisions of the Health And Safety Code of the state.

C. Perchloroethylene Prohibited: The use of perchloroethylene or "perc" shall be strictly prohibited.

D. One Dry Cleaning Unit Only: No more than one complete unit of dry cleaning equipment or machinery shall be installed in one premises.

E. Retail Dry Cleaning And Pressing Only: The business of dry cleaning, pressing, or ironing conducted in the RMCP zone shall be strictly retail, and no wholesale dry cleaning, ironing, or pressing shall be permitted. Garments shall be cleaned only when brought to such place of business by the owner of the garments or by the members of his family or his employees, or when collected by the proprietor of the dry cleaning, ironing, or pressing plant directly from the residences of the owners of such garments. Under no circumstances shall work be done for independent operators engaged in the business of pressing, ironing, spotting, or dry cleaning garments, or collecting garments for any of such purposes.

F. Location Of Equipment: Equipment for dry cleaning, ironing, or pressing shall not be installed in the front portion of the ground floor of any building along or adjoining any public street, and any such equipment if adjacent to or visible from the public street or sidewalk, shall be shielded from pedestrians on the public street or sidewalk by a masonry or similar substantial wall at least six feet (6') in height.

G. Use Of Front Portion Of Building: The front portion of the ground floor of any premises used for dry cleaning, ironing, or pressing of garments shall be designed and used for the receiving from the customer and returning to the customer of the garments to be processed and shall not be used for any portion of the work on the garments.

H. Approval Of The Chief Of The Fire Department: Before installing any cleaning, ironing, or pressing equipment in any premises in the RMCP zone, it shall be necessary to obtain the approval of the chief of the fire department and the chief building inspector for such equipment and the use of such equipment in such premises. In no case shall equipment or the use thereof be approved which is or may create a fire hazard or become a menace to life or property, or become a nuisance. (Ord. 05-O-2463, eff. 3-18-2005)