Chapter 17.28 — DOWNTOWN MIXED USE ZONE

§ 17.28.010. Application. ¶

This chapter shall apply to all land within the Downtown Mixed Use (MX-D) zone. (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.020. Permitted uses. ¶

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 17.08.030 . (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.030. Site area. ¶

The minimum site area shall be 5,000 square feet, unless a smaller site is approved with a conditional use permit in accordance with Chapter 17.80 . (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.040. Lot dimensions. ¶

The minimum lot frontage shall be 40 feet, unless a reciprocal use agreement for shared common access and parking areas is recorded with the Kings County recorder's office. (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.050. Coverage. ¶

The maximum coverage of a lot shall be shall be determined by the combined building setback area requirements, open space requirements, and off-street parking and loading requirements. (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.060. Building setback areas. ¶

A. Setbacks shall be measured as prescribed in Section 17.50.160 .
B. No structure shall be placed within a building setback area.
C. There is no front building setback area.
D. The rear building setback may be zero feet from the rear lot line, except where the rear lot line abuts a public street or an R-L, R-M, R-H, OR, O, PF, AP, or CO zone district then the rear building setback shall be 15 feet.
E. The side building setback area shall be zero feet, except where the side lot line abuts an R-L, R- M, R-H, OR, O, PF, AP, or CO zone district then the side building setback area shall be 15 feet.
F. Exceptions shall be allowed as prescribed in Section 17.50.170 . (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.070. Distances between structures. ¶

All distances allowed by the building code are allowed. (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.080. Height of structures. ¶

A. The maximum structure height shall be 100 feet.
B. Height shall be measured as prescribed in Section 17.50.180 .
C. Exceptions shall be allowed as prescribed in Section 17.50.190 . (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.090. Driveways. ¶

A. Wherever possible developments shall share driveways to minimize the number of driveways on public streets.
B. New driveways near street corners shall be located a minimum 100 feet from the radius curve of the curb, unless otherwise specifically approved by the City Engineer.
C. Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.100. Off-street parking. ¶

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.54 .

(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.110. Usable open space. ¶

There is no standard requirement for minimum usable open space. However, conditional uses may be required to provide usable open space as a condition of approval. (Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.120. Landscaping. ¶

A. Landscaping shall be provided for each use as prescribed in Section 17.52 Landscape Standards.
B. Landscaping shall be provided and permanently maintained in a setback area not less than 15 feet from a lot line adjoining a street, except where the setback area is covered by structures, parking, or driveways.
C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 17.52 .
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.130. Screening, fences, and walls. ¶

A. Fences and walls shall be provided on the site for each use in accordance with Section 17.50.110 .
B. A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-H, OR, PF, AP, or CO zone district.
C. No fence or wall shall be placed in front of or within any landscaped area located next to a street.
D. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height. Such storage shall not be visible above the fence or wall.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.140. Signs. ¶

Signs placed in the MX-D zone shall be subject to the requirements and standards prescribed in Chapter 17.56 .

(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)

§ 17.28.150. General provisions and standards. ¶

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.
B. Mixed Use Downtown zone districts shall be designed to provide and encourage walking within the commercial uses and between the commercial uses and the residential uses within the MXD zone and other nearby residential uses. At a minimum, this shall be accomplished with a minimum six foot wide pedestrian path of travel between site entrances and the public sidewalk.
C. Mechanical equipment shall be located a minimum of five feet from a rear or side lot line that abuts an R-L, R-M, R-H, OR, O, PF, AP, or CO zone district.
D. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 17.50 .
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)