Chapter 18.12 — COMMERCIAL AND MANUFACTURING ZONING DISTRICTS

Sections:

18.12.010 - Purpose of Chapter 18.12.020 - Purposes of Commercial and Manufacturing Districts 18.12.030 - Commercial and Manufacturing District Land Uses and Permit Requirements 18.12.040 - Commercial and Manufacturing District General Development Standards 18.12.050 - Floor Area Ratio Criteria 18.12.060 - Mixed Use Component 10.12.070 - Downtown Commercial District Development Standards 18.12.080 - Commercial and Manufacturing District Performance Standards 18.12.090 - Retail Trade Uses

This Chapter provides regulations applicable to existing development and new land uses in the commercial and industrial zoning districts established by Section 18.06.020 (Zoning Districts Established).

The purposes of the individual commercial and manufacturing/industrial zoning districts and the manner in which they are applied are as follows.

• A. CN (Neighborhood Commercial) District. The CN zoning district is applied to areas appropriate for retail sales, offices and services serving the daily needs of nearby residents. This district may also accommodate mixed-use developments with residential and commercial uses. The development standards and permit requirements of the CN district are intended to create a pedestrian-oriented environment. The maximum floor area ratio is 0.25. The CN zoning district is consistent with the Public (Hospital/Office) and Tahoe Donner Plan Area land use classifications of the General Plan.

• B. CG (General Commercial) District. The CG zoning district is applied to areas appropriate for a wide range of commercial uses including retail trade and service uses such as restaurant, office and personal service uses. The construction of onsite multifamily residential units is allowed when required to address a project’s workforce housing requirements pursuant to Development Code Chapter 18.216. The maximum floor area ratio is 0.25. The CG zoning district is consistent with the Commercial and Public (Hospital/Office) land use classifications of the General Plan and the Downtown Commercial land use classification of the Downtown Truckee Plan.

• C. CS (Service Commercial) District. The CS zoning district is applied to areas appropriate for more intensive commercial activities than are allowed in other commercial zoning districts. The maximum floor area ratio in the CS zoning district is 0.25. The CS zoning district is consistent with the Commercial and Industrial land use classifications of the General Plan.

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• D. M (Manufacturing/Industrial) District. The M zoning district is applied to areas appropriate for manufacturing/industrial uses including manufacturing, processing, warehousing and distributions. This designation also allows supporting commercial uses, work/live opportunities, and workforce housing. The maximum floor area ratio in the M zoning district is 0.25. The maximum density for residential development is four dwelling units per acre. The M zoning district is consistent with the Industrial land use classification of the General Plan.

• E. BI (Business Innovation) District. The BI zoning district is applied to areas appropriate for flex industrial uses and a range of customer-serving industrial and service commercial uses. This designation also allows work/live opportunities and workforce housing. The maximum floor area ratio in the BI zoning district is 0.40. The maximum density for residential development is 12 dwelling units per acre. The BI zoning district is consistent with the Business Innovation land use classification of the General Plan.

d a range of customer-serving industrial and service commercial uses. This designation also allows work/live opportunities and workforce housing. The maximum floor area ratio in the BI zoning district is 0.40. The maximum density for residential development is 12 dwelling units per acre. The BI zoning district is consistent with the Business Innovation land use classification of the General Plan.

• F. DC (Downtown Commercial) District. The DC zoning district is applied to areas in the Downtown Study Area appropriate for a wide range of commercial uses in or near the Downtown Core, including retail sales, restaurants and offices. In general, most non-retail related uses are prohibited in ground floor spaces in the Downtown commercial core within this district. There is no maximum floor area ratio. The DC zoning district is consistent with the Downtown Commercial land use classification of the Downtown Truckee Plan.

• G. DM (Downtown Manufacturing) District. The DM zoning district is applied to areas in the Downtown area appropriate for manufacturing/industrial uses. The floor area ratio in the DM zoning district is 0.25. The maximum density for residential development is four dwelling units per acre. The DM zoning district is consistent with the Industrial land use classification of the General Plan.

• A. General land use permit requirements. Tables 2-6 and 2-7 identify the uses of land allowed by this Development Code in the commercial and manufacturing/industrial zoning districts, and the land use permit required to establish each use, in compliance with Section 18.06.040 (Zoning District Regulations).

Note: Where the last column in the tables (“See Standards in Section”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

• B. Activities within railroad rights-of-way. Railroad and railroad-related operations, activities and facilities within the Union Pacific railroad right-of-way and operating properties are not subject to the requirements of this Development Code.

• C. Mobile Home Park Conversion . Any affordable units lost in the CG zoning district through conversion of a mobile home park to non-affordable housing or another use that would remove affordable manufactured housing units shall be replaced at a one-for-one replacement to ensure no net loss. Mobile home park conversion is subject to approval of a Use Permit by the review authority in accordance with Chapter 18.76 (Use Permits and Minor Use Permits).

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TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping standards in Section 18.30.110(E) (Screening between neighborhood commercial and residential land uses) and section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

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18.12

TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping standards in Section 18.30.110(B) (Screening between neighborhood commercial and residential land uses) and Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

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18.12

TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

• (1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

• (2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping standards in Section 18.30.110(E) (Screening between neighborhood commercial and residential lands uses) and Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

• (3) Supportive and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.

• (4) Accessory Dwelling Units associated with multifamily residential project.

• (5) Standalone residential uses shall be subject to the development standards of the RM zoning district and Chapter 18.25 (Objective Design Standards)

• (6) Time-share uses are allowed within existing legal nonconforming single-family residences in the CG and CN zoning districts.

• (7) Small lot single-family subdivisions that comply with all requirements of Gov. Code, § 66499.40 are permitted in zoning districts that allow multifamily residential uses.

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18.12

TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and

landscaping standards in Section 18.30.110(E) (Screening between neighborhood commercial and residential land uses) and Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

(3) Retail trade businesses shall comply with the floor space standards in Section 18.12.090 (Retail Trade Uses).

(4) Breweries located the CG and CS zoning districts must dedicate at least half of the floor area to commercial uses.

(5) Breweries located in the BI and M zoning districts must dedicate at least half of the floor area to production uses.

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TABLE 2-7 – ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

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• (2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

• (3) Use allowed only appurtenant to service station.

• (4) Permitted if the public agency use (e.g. office, outdoor storage, etc.) is permitted in zoning district; UP otherwise.

• (5) Use allowed only within the Public Hospital/Office General Plan land use designation.

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18.12

TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

TRANSPORTATION, INFRASTRUCTURE & COMMUNICATIONS USES

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping standards in Section 18.30.110(E) (Screening between neighborhood commercial and residential land uses and Section 18.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses).

(3) Railroad and railroad-related operations, activities and facilities within the Union Pacific Railroad right-of-way and operating properties are not subject to the land use permit and development standards of the Development Code.

(4) Permit requirements vary by type of facility. See Section 18.58.270 (Wireless Communications Facilities).

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TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) These uses are prohibited on ground floor spaces in the Downtown commercial core. See Section 18.20.070.

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TABLE 2-8 – ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) These uses are prohibited on ground floor spaces in the Downtown commercial core. See Section 18.20.070.

Table continues on next page.

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TABLE 2-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Employee, supportive, and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.

(3) Small lot single-family subdivisions that comply with all requirements of Gov. Code, § 66499.40 are permitted in zoning districts that allow multifamily residential uses.

(4) These uses are prohibited on ground floor spaces in the Downtown commercial core. See Section 18.20.070.

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TABLE 2-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Retail trade businesses shall comply with the floor space standards in Section 18.12.090 (Retail Trade uses).

Table continues on next page.

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TABLE 2-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Permitted if the public agency use (e.g. office, outdoor storage, etc.) is permitted in zoning district; UP otherwise.

(3) These uses are prohibited on ground floor spaces in the Downtown commercial core. See Section 18.20.070.

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TABLE 2-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Railroad and railroad-related operations, activities, and facilities within the Union Pacific Railroad right-of-way and operating properties are not subject to the land use permit and development standards of the Development Code.

(3) Permit requirements vary by type of facility. See Section 18.58.270 (Wireless Communications Facilities).

(4) These uses are prohibited on ground floor spaces in the Downtown commercial core. See Section 18.20.070.

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Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed and/or established in compliance with the requirements in Table 2-8, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).

Notes:

(1) Maximum percentage of net site area that may be covered with structures and pavement. See the definition of site coverage in Chapter 18.220 (Definitions, Glossary).

(2) Maximum allowable height for structures. See 18.30.090 (Height Measurement and Height Limit Exceptions).

Continues on next page.

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TABLE 2-9

COMMERCIAL AND MANUFACTURING DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)

Notes:

(1) Maximum percentage of net site area that may be covered with structures and pavement. See the definition of site coverage in Chapter 18.220 (Definitions, Glossary).

(2) Maximum allowable height for structures. See 18.30.090 (Height Measurement and Height Limit Exceptions).

Continues on next page.

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TABLE 2-9 COMMERCIAL AND MANUFACTURING DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)

Notes:

• (1) Maximum percentage of net site area that may be covered with structures and pavement. See the definition of site coverage in Chapter 18.220 (Definitions, Glossary).

• (2) Maximum allowable height for structures. See 18.30.090 (Height Measurement and Height Limit Exceptions).

• A. In-lieu parking fees. Unless a project is exempted from providing required parking by state law, parking impact fee may be paid at the discretion of the Director for uses in the DMU and DC districts in lieu of complying with Section 18.48.040 (Number of Parking Spaces Required). The amount of the impact fee per parking space shall be set by Town Council resolution.

• B. Commercial core land use limitations. In general, most non-retail related uses are prohibited in ground floor spaces in the Downtown commercial core (on the south side of Donner Pass Road from Bridge Street to the McIver Roundabout; north of Jibboom Street between Bridge Street and Spring Street; and on the north side of Donner Pass Road from

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Spring Street to the Railyard boundary, including Commercial Row), but are allowed in second and third floor spaces. These limitations are further outlined under Section 18.20.070 (Commercial Core Overlay District.)

All land uses proposed in the Commercial and Manufacturing zoning districts shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards.

• A. Air emissions. No approved land use shall generate or cause any visible dust, gasses or smoke to be emitted into the atmosphere, except in accordance with the air quality regulations of the Northern Sierra Air Quality Management District and the California Air Resources Board or for the operation of motor vehicles on the site.

• B. Glare and heat. No direct or sky-reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise), shall be visible or felt at the property line.

• C. Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.

• D. Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line.

• E. Sewer requirement. No land use shall be approved with on-site sewage disposal. Connection to sewer shall be required. Any new land use established on a site must provide access to onsite restrooms that are connected to the sewer system. Uses that utilize a septic system, portable toilets or offsite restrooms for a permanent land use shall be prohibited.

  1. Exceptions. Portable toilets (e.g., port-a-potties) may be used on a temporary basis during construction only when the site has an active building permit.

A single retail trade use as listed in Tables 2-6 and 2-7 shall not exceed 20,000 square feet of gross floor space. For the purpose of calculating the maximum square footage, the gross floor area of adjacent stores shall be aggregated in cases where the stores (1) are engaged in the selling of similar or related goods, wares or merchandise and operate under common ownership or management; (2) share checkstands, a warehouse, or a distribution facility; or (3) otherwise operate as associated, integrated or co-operative business enterprises. This restriction on the maximum gross floor space of a retail trade use shall not be adjusted or modified by the approval of a planned development, specific plan or master plan.

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Mixed Use Zoning Districts

– CHAPTER 18.14 MIXED USE ZONING DISTRICTS

Sections:

18.14.010 - Purpose of Chapter 18.14.020 - Purposes of Mixed Use Districts 18.14.030 – Mixed Use Land Uses and Permit Requirements 18.14.040 – Mixed Use District General Development Standards 18.14.060 - Mixed Use Component 18.12.090 - Retail Trade Uses

This Chapter provides regulations applicable to existing development and new land uses in the mixed use zoning districts established by Section 18.06.020 (Zoning Districts Established).

The purposes of the individual mixed use zoning districts and the manner in which they are applied are as follows.

• A. DMU (Downtown Mixed Use) District. The DMU zoning district is applied to areas in the Downtown Truckee Plan Area appropriate for a combination of commercial, office, lodging and residential land uses. The development standards and permit requirements of the DMU district are intended to create a pedestrian-oriented mixed-use environment. In general, most non-retail related uses are prohibited in ground floor spaces along Commercial Row and in the Downtown commercial core within this district. For a complete list of allowed uses, see Table 2-7 in Chapter 18.12. There is no maximum floor area ratio. The density for residential development is 12-24 dwelling units per acre. The DMU zoning district is consistent with the Mixed Use land use classification of the Downtown Truckee Plan

• B. CMU (Corridor Mixed Use) District. The CMU zoning district is applied to areas in the Gateway Area appropriate for a combination of multifamily residential, retail, office, service commercial, and public uses. The development standards and permit requirements of the CMU district are intended to create a pedestrian-oriented mixed-use environment with residential and commercial uses. Horizontal and vertical mixed-use development are allowed. Stand-alone residential is not permitted. Residential uses are prohibited on the ground floor on the front of the building. Retail trade and service uses are prioritized on the ground floor spaces within this district. Prioritization is done by allowing retail trade and service uses by right rather than through a discretionary process. For a complete list of allowed uses, see Table 2-7 in Chapter 18.12. The maximum floor area ratio is 1.0. The density for residential development in a mixed-use project is a maximum of 24 dwelling units per acre and a maximum of 18 dwelling units per acre for parcels on the north side of Donner Pass Road between Frates Lane and the I-80 offramp by the McIver roundabout. The CMU zoning district is consistent with the Corridor Mixed Use land use classification of the General Plan.

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• C. NMU (Neighborhood Mixed Use) District. The NMU zoning district is applied to areas appropriate for restaurants, retail sales, offices and services serving the daily needs of nearby residents. The development standards and permit requirements of the NMU district are intended to create a pedestrian-oriented, neighborhood-serving mixed-use environment with residential and commercial uses. Parcels within the NMU zoning district which are designated with the “NMU-R” suffix are properties which have the option to redevelop as mixed-use projects under the provisions of this chapter but may also continue to operate as residential uses subject to compliance with the RL zoning district standards (for properties developed with an existing or proposed single-family dwelling) and RM zoning district standards (for an existing or proposed multifamily residential project). Parcels within the NMU zoning district which are designated with the “NMU-C” suffix are subject to the mixed-use provisions of this chapter. Horizontal and vertical mixed-use developments are allowed. Stand-alone residential is not permitted on NMU-C parcels. The maximum floor area ratio is 0.6. The density for standalone residential development is 6-8 dwelling units per acre. The density for residential development in a mixed-use project is a maximum of 8 dwelling units per acre. Properties developed with existing residential units are subject to the housing unit “no net loss” provisions of this chapter. The NMU zoning district is consistent with the Neighborhood Mixed Use land use classification of the General Plan.

• A. General land use permit requirements. Table 2-10 identifies the uses of land allowed by this Development Code in the mixed use zoning districts, and the land use permit required to establish each use, in compliance with Section 18.06.040 (Zoning District Regulations).

Note: Where the last column in the tables (“See Standards in Section”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

• B. Activities within railroad rights-of-way. Railroad and railroad-related operations, activities and facilities within the Union Pacific railroad right-of-way and operating properties are not subject to the requirements of this Development Code.

• C. Mobile Home Park Conversion . Any affordable units lost in the CMU and NMU zoning districts through conversion of a mobile home park to non-affordable housing or another use that would remove affordable manufactured housing units shall be replaced at a one-for-one replacement to ensure no net loss. Mobile home park conversion is subject to approval of a Use Permit by the review authority in accordance with Chapter 18.76 (Use Permits and Minor Use Permits).

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TABLE 2-10 ALLOWED USES AND PERMIT REQUIREMENTS FOR MIXED USE DISTRICTS

KEY TO PERMIT REQUIREMENTS

Notes: (1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary). (2) These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070.

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TABLE 2-10 – ALLOWED USES AND PERMIT REQUIREMENTS FOR MIXED USE DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070.

Table continues on next page.

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TABLE 2-10 – ALLOWED USES AND PERMIT REQUIREMENTS FOR MIXED USE DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

• (1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

• (2) Stand-alone residential projects must comply with residential development standards of DRM zoning district.

• (3) These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070.

• (4) Section 18.58.060 (Animal Raising and Keeping) may require a Minor Use Permit for certain animals and household pets, or the raising and keeping of animals or household pets over a certain number, and/or the raising and keeping of animals on small parcels.

• (5) Employee, supportive, and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.

• (6) Excludes sites listed on the National Register of Historic Places.

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• (7) Small lot single-family subdivisions that comply with all requirements of Gov. Code, § 66499.40 are permitted in zoning districts that allow multifamily. These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070.

• (8) Stand-alone residential projects must comply with residential development standards of RM zoning district.

• (9) Stand-alone residential projects must comply with residential development standards of RL zoning district.

Table continues on next page.

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TABLE 2-10 – ALLOWED USES AND PERMIT REQUIREMENTS FOR MIXED USE DISTRICTS (Continued)

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Retail trade businesses shall comply with the floor space standards in Section 18.12.090 (Retail Trade uses)

Table continues on next page.

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TABLE 2-10 - ALLOWED USES AND PERMIT REQUIREMENTS

FOR MIXED USE DISTRICTS (Continued)

Notes:

• (1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

• (2) Permitted if the public agency use (e.g. office, outdoor storage) is permitted in zoning district; UP otherwise

• (3) These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070.

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Table continues on next page.

TABLE 2-10 - ALLOWED USES AND PERMIT REQUIREMENTS

FOR MIXED USE DISTRICTS (Continued)

TRANSPORTATION, INFRASTRUCTURE & COMMUNICATIONS USES

KEY TO PERMIT REQUIREMENTS

Notes:

(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary).

(2) Railroad and railroad-related operations, activities, and facilities within the Union Pacific Railroad right-of-way and operating properties are not subject to the land use permit and development standards of the Development Code.

(3) These uses are prohibited on ground floor spaces along Commercial Row and in the Downtown commercial core. See Section 18.20.070

(4) Permit requirements vary by type of facility. See Section 18.58.270 (Wireless Communications Facilities).

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Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed and/or established in compliance with the requirements in Table 2-10, in addition to any other applicable requirements of this Chapter, and the development standards (landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).

TABLE 2-11 MIXED USE DISTRICT GENERAL DEVELOPMENT STANDARDS

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Continues on next page.

Notes:

• (1) Maximum percentage of net site area that may be covered with structures and pavement. See the definition of site coverage in Chapter 18.220 (Definitions, Glossary).

• (2) Maximum allowable height for structures. See 18.30.090 (Height Measurement and Height Limit Exceptions).

• (3) Standalone residential projects in the NMU zoning district shall comply with the residential development standards of the RL zoning district (for single-family residential projects) and RM zoning district (for multifamily residential projects); standalone residential projects in the DMU zoning district shall comply with the residential development standards of the DRM zoning district.

• (4) Projects in the NMU zoning district located directly adjacent to Donner Lake are required to comply with the required setbacks of Section 18.38.050 (Donner Lake Development Standards).

Land uses and projects in the CMU, NMU-C and NMU-R zoning districts are required to comply with the following standards:

• A. Mixed-use projects shall comply with the following:

  1. In the CMU zoning district, at least one-quarter of the floor area of the mixed-use project must be dedicated to commercial uses.

  2. For mixed-use projects in the NMU-C and NMU-R zoning districts, at least half of the floor area of the project must be dedicated to commercial uses.

• B. Density Requirements:

  1. Projects proposing a standalone residential use in the NMU-R zoning district shall comply with the minimum and maximum density requirements of the zoning district.

  2. Projects proposing a mixed-use project with a residential component in the CMU, NMU-C or NMU-R zoning district shall comply with the maximum density requirements of the zoning district.

  3. Exceptions to Minimum Density Requirements.

     • a. The review authority may waive the minimum density requirements if one or both of the following findings can be made:

       • (1) There are special circumstances applicable to the property such as environmental or other site constraints that preclude construction of the minimum number of dwelling units on site;

       • (2) Requiring the minimum density on-site would be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

  4. No net loss of residential units. For sites in the NMU-R and NMU-C zoning districts that are developed with existing residential units, future development or redevelopment of the sites shall ensure that no net loss of residential units occurs.

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5. Nonconforming residential units. If a site in the NMU-R or NMU-C zoning district is developed with legally constructed residential units that exceed the current maximum density allowed in the zoning district, the property owner may redevelop the site with the same number of existing legal, nonconforming units. To qualify for this allowance, the project must comply with all other current development standards for the zoning district. These projects are also subject to the allowances of Development Code Chapter 18.130 (Nonconforming Uses, Structures and Parcels).

• C. Both horizontal and vertical mixed-use developments are allowed, subject to the design standards identified in Section 18.14.060 (Mixed Use Zoning District Design Standards).

Projects proposed in the mixed-use zoning districts are required to comply with the following design standards:

• A. Building orientation. Buildings shall be oriented to the street and parking shall be provided in the rear or on the side of the building to create a pedestrian-oriented environment. On project sites less than 10,000 square feet in size in the NMU-C zoning district, the Community Development Director may waive this requirement if the Director finds that that strict application of this standard would preclude development of the site with a mixed-use project and that the deviation is the minimum necessary departure to grant relief to the applicant.

• B. Ground-floor commercial requirement. Mixed-use developments shall have commercial spaces on the ground floor on the front of the building and residential uses and other nonresidential uses located above or behind the commercial use. For building frontages within 20 feet of the Donner Pass Road right-of-way, a maximum of 10% of the building frontage shall be dedicated for residential entrances.

• C. Multifamily unit size. Multifamily residential units for projects in the CMU zoning district are limited to a maximum average living area of 1,000 square feet.

• D. Streamlined Residential Review. For projects with at least two-thirds of the gross square footage of the development designated for residential use, consistency with development standards, including the Objective Design Standards (Chapter 18.25), may be administratively determined through the Streamlined Residential Review (Chapter 18.79).

All land uses proposed in the mixed use zoning districts shall be operated and maintained so as to not be injurious to public health, safety or welfare, and shall comply with the following standards.

• A. Air emissions. No approved land use shall generate or cause any visible dust, gasses or smoke to be emitted into the atmosphere, except in accordance with the air quality regulations of the Northern Sierra Air Quality Management District and the California Air Resources Board or for the operation of motor vehicles on the site.

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• B. Glare and heat. No direct or sky-reflected glare or heat, whether from floodlights or from high temperature processes (including combustion or welding or otherwise), shall be visible or felt at the property line.

• C. Ground vibration. No approved land use shall generate ground vibration perceptible without instruments at any point along or outside of the property line of the use, except for motor vehicle operations.

• D. Odor. No approved land use shall generate or emit any obnoxious odor or fumes perceptible at the property line.

• E. Sewer requirement. No land use shall be approved with on-site sewage disposal. Connection to sewer shall be required. Any new land use established on a site must provide access to onsite restrooms that are connected to the sewer system. Uses that utilize a septic system, portable toilets or offsite restrooms for a permanent land use shall be prohibited.

  1. Exceptions. Portable toilets (e.g., port-a-potties) may be used on a temporary basis during construction only when the site has an active building permit.

A single retail trade use as listed in Tables 2-10 shall not exceed 20,000 square feet of gross floor space. For the purpose of calculating the maximum square footage, the gross floor area of adjacent stores shall be aggregated in cases where the stores (1) are engaged in the selling of similar or related goods, wares or merchandise and operate under common ownership or management; (2) share checkstands, a warehouse, or a distribution facility; or (3) otherwise operate as associated, integrated or co-operative business enterprises. This restriction on the maximum gross floor space of a retail trade use shall not be adjusted or modified by the approval of a planned development, specific plan or master plan.

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Special Purpose Zoning Districts

18.16