Chapter 1130: Residential Districts: Mixed Use


Cross references

  • Dwelling defined - see P. & Z. 1107.07
  • Off-street parking -see P. & Z. 1141.05
  • Signs permitted - see P. & Z. 1143.04(h), 1143.07
  • Home occupation defined - see P. & Z. 1107.11

1130.01   Intent

In addition to the applicable provisions of the intent stated in Section 1105.03, it is the intent of these district regulations to promote development of a mix of residential uses properly designed and located to achieve, among others, the following objectives:

  1. (a) To permit residential development that may serve as an appropriate transitional use between existing residential and nonresidential uses.

  2. (b) To offer greater flexibility in the mix of permitted residential uses.

  3. (c) To allow development on large sites within close proximity to the Municipal center.

  4. (d) To encourage development to take place that will make efficient use of existing Municipal infrastructure and services.
    (Ord. 2019-39. Passed 8-13-19.)

1130.02   Standards

For the purpose of this chapter, the following standards shall apply:

  1. (a) Ownership and Maintenance of Private Roads. Private roads proposed to be constructed shall be clearly delineated on the site plan together with the descriptive data as to the compliance with the regulations of Chapter 1161 and the methods proposed for maintaining the private road. All private roads shown on the site plan shall be subject to legally enforceable reservations and restrictions acceptable to the Municipal government, which will ensure the preservation of the private road in perpetuity.

  2. (b) Measurement of Front Lot Line on Private Roads. The front yard setback shall be measured from the edge of the pavement or back of the curb.

  3. (c) Supplemental Regulations. Private roads shall be constructed in accordance with regulations set forth in Chapter 1161. In those cases where no request for public dedication is likely to be made, the Planning and Zoning Commission may authorize modifications to the requirements of Chapter 1161. Such authorization may be based on input from the Administrator, Municipal Engineer and other Municipal officers as applicable.
    (Ord. 2019-39. Passed 8-13-19.)

1130.03   Permitted uses

In a Residential Mixed Use (RMU) District, building and land shall be used by right for only the main and accessory uses set forth below:

  1. (a) Main Uses.

    1. (1) Detached one (1F) and two (2F) family permitted in R1- 50 Districts and as regulated in Chapter 1125.

    2. (2) Attached single-family (ASF) dwellings. where more than one (1) main building may be grouped on a lot provided that such grouping shall comply with the requirements of this District.

  2. (b) Accessory Uses.

    1. (1) Garages accessory to detached one (1F) and two (2F) family dwellings as regulated in Section 1125.04.

    2. (2) Buildings, parking areas, roads and walkways

    3. (3) Private swimming pools as regulated in Section 1125.04(d)(1) of the Planning and Zoning Code and other private recreation uses, including community center buildings.

    4. (4) Landscape features and private gardens as regulated in Chapter 1142.

    5. (5) Fences, walls and hedges as regulated in Chapter 1148.

    6. (6) Utility, maintenance, sanitation and storage facilities completely enclosed within an otherwise permitted main or accessory building.

    7. (7) Central air-conditioner units, heat pumps, generators, storage sheds and rooftop antennas as regulated in Section 1125.04.

    8. (8) Rooftop mechanical equipment necessary for the normal operation of the development.

    9. (9) Signs, as regulated in Chapter 1143.

    10. (10) Home occupations, as regulated in Section 1125.05.
      (Ord. 2019-39. Passed 8-13-19.)

1130.04   Area regulations

In the RMU District, the minimum lot size for a residential mixed use development shall be three (3) acres. Land and structures shall be developed and maintained in accordance with the following area regulations.

  1. (a) Lot Width.

    1. (1) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that could satisfy the requirements of this chapter.

    2. (2) No lot created after the effective date of this chapter which violates this section shall be entitled to a variance from the requirements set forth in Sections 1130.03 to 1130.05.

    3. (3) Every lot shall have access to it that is determined to be sufficient to afford a reasonable means of ingress and egress for public service and emergency vehicles as well as for all those likely to need access to the property for its intended use. The Planning and Zoning Commission shall make such determination and shall receive input from the Administrator, Police Chief and other Municipal officials, as applicable.

  2. (b) Maximum Density. Ten (10) units per acre, maximum for ASF and 2F dwellings.

  3. (c) Building Coverage. Thirty percent (30%) for all main and accessory buildings, maximum.

  4. (d) Common Open Space. Ten percent (10%) of lot area, minimum, for ASF developments as defined and regulated in Section 1130.09(d).

  5. (e) Private Open Space. 240 square feet, minimum, of private open space provided contiguous to each ASF dwelling unit and differentiated from common areas by means of such approved features as plantings, fences, walls, screens, patios, etc.

  6. (f) Dwelling Unit Area. 1,000 square feet minimum for a one-bedroom unit and 150 square feet for each additional bedroom.

  7. (g) Storage Area. Exclusive of the dwelling unit area, 100 square feet minimum per ASF dwelling unit provided on the ground floor or basement level of such dwelling unit.
    (Ord. 2019-39. Passed 8-13-19.)

1130.05   Height regulations

In the RMU District, structures shall be developed and maintained in accordance with the following regulations.

  1. (a) Main Buildings. Main buildings shall be 35 feet or less in height.

  2. (b) Rooftop Equipment. Rooftop mechanical equipment as permitted under Section 1130.03(b)(7) may extend a maximum of ten feet above the highest point of the building on which it is located, provided such equipment conforms to Section 1130.09(f). With the exception of chimneys and antennas on one or two-family dwellings, attached or detached, such equipment shall be set back from any building face a distance at least equal to the height by which it exceeds the building height. Chimneys and antennas located on a dwelling are limited to a maximum height of fifteen feet above the roof line.
    (Ord. 2019-39. Passed 8-13-19.)

1130.06   Yard and setback regulations

In the RMU District, land and structures shall be developed and maintained in accordance with the following yard and setback regulations. Landscape features, gardens, fences, walls and signs shall be permitted in setback areas, provided that such uses conform to applicable regulations of this Planning and Zoning Code. Other accessory uses are permitted in setbacks only in accordance with the setback regulations of subsection (b)(2) hereof.

  1. (a) Detached One (1F) and Two (2F) Family Dwellings.

    1. (1) Yards. The minimum setback from a lot line to a dwelling shall be as set forth below.

        R1 R2
      A. Front yard setback, minimum (feet) 30 30
      B. Side yard setback, minimum (feet)    
      With attached garage:    
      Each side 3 3
      Total 8 12
      With detached garage:    
      Each side 3 5
      Total 13 15
      Corner lots, from side street 10 10
      C. Rear yard setback, minimum (feet) 30 30
    2. (2) Modifications to required front yard setback. The Planning and Zoning Commission may reduce the required front yard setback for a group of three or more contiguous one-family or two-family dwellings planned as a unit; however, the front setback shall not be less than two-thirds of that established in subsection (a) hereof.

  2. (b) Attached Single Family (ASF).

    1. (1) Yards. The minimum yard setback from a lot line to a main building shall be as set forth below.

        Minimum Setback (Feet)    
      Number of Stories In Main Building To Street R.O.W. or Private Road To R1 District Line To Other Lot Line
      1 35 35 15
      2 35 45 25
      3 35 55 35
    2. (2) Setbacks. The minimum setback from a lot line to an accessory structure or use shall be as set forth below.

        Minimum Setback (feet)    
      Accessory Uses To Front Lot Line To R1 District Line To Other Lot Line
      Buildings and Structures * 35 15
      Surface parking area * 10 5
      Private Roads * 10 5
      Recreation Facilities * 30 10
      Walkways 0 5 5

      * Not permitted in front yards, except that private roads are permitted only as necessary in providing access to a public right of way.

    3. (3) The buffer requirements that would normally apply where multi- family development adjoins a One-Family District shall not apply within the RMU District, but all buffer requirements shall apply between the RMU District and contiguous districts zoned for one-family dwellings.

  3. (c) Projection of Building Features into Setbacks.

    1. (1) Certain architectural features may project from a main building into any setback a maximum distance of three feet. However, no such feature shall extend to within three feet of a side lot line or into a setback any distance greater than a setback line that has been established by a variance. For purposes of this subsection, architectural features shall include awnings, balconies, bay windows, belt courses, canopies, cornices, projecting eaves and other overhangs.

    2. (2) Entrance features not exceeding forty-eight (48) square feet may project from a main building into a setback a maximum distance of six feet provided that no projection shall extend into a setback any distance greater than a setback line that has been established by a variance. Entrance features shall include steps, landings, platforms and unenclosed porches not extending above the first floor.

    3. (3) Structures such as porches, balconies, platforms, decks, patios, and similar architectural projections that exceed forty-eight (48) square feet shall meet the setback requirements of the main building.
      (Ord. 2019-39. Passed 8-13-19.)

1130.07   Landscaping requirements for one and two family dwellings

A zoning certificate for development of a one (1F) or two (2F) family dwelling under the regulations of this chapter shall not be issued unless such development conforms with the requirements of Section 1125.06.
(Ord. 2019-39. Passed 8-13-19.)

1130.08   Distances between buildings and uses

In the RMU District, attached single family (ASF) dwellings shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.

  1. (a) Definitions and Measurement Standards. The following definitions and measurement standards shall apply to terms used in this section.

    1. (1) “Main wall” means any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.

    2. (2) “Secondary wall” means any exterior wall(s) of a residential building, other than a main wall, containing minor windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom or no window.

    3. (3) “Overlapping walls” means a wall of one building in relation to a wall of a second building when perpendicular lines extended from that wall intersect with the second wall.

    4. (4) “Length of overlap” means the length of the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.

    5. (5) “Facing walls.” Although more than one set of walls may be “overlapping” in the relationship between two buildings, only one set of two walls shall be considered “facing”. “Facing walls” means those two overlapping walls for which the length of the overlap is the greater.

  2. (b) Schedule of Distances. The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:

    Building Wall Other Wall or Use Minimum Distance (feet)
    Main wall, facing: Another main wall 40+x
      Secondary wall 30+x
      Accessory building 30
      Recreation facility 30
    Secondary wall, facing: Another secondary wall 25+x
      Accessory building 20
      Recreation facility 20
    Accessory building, facing: Another accessory building 15

    x = Length of overlap divided by 5
    (Ord. 2019-39. Passed 8-13-19.)

1130.09   Design regulations and standards

In an RMU District, attached single family (ASF) dwellings shall be developed and maintained in accordance with the following design regulations and standards.

  1. (a) Building Design.

    1. (1) Attractive variations in facade, width, color, exterior materials and roof lines shall be deemed desirable; furthermore, parallel arrangements of buildings should be avoided.

    2. (2) In order to enhance privacy and encourage attractive building arrangements for ASF dwellings, the alignment of buildings should be varied and the facades of not more than every two dwelling units shall be offset by at least sixteen inches. No more than eight units shall be located in one building.

    3. (3) Buildings may be attached if it is determined by the Planning and Zoning Commission that site design will be improved as a result. However, attached buildings shall be designed with visible offsets or setbacks not less than six feet in depth or with substantial variations in alignment.

  2. (b) Site Design. Developments shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features. Natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of dwellings, open spaces and accessory uses.

  3. (c) Modifications to Area, Yard and Buffer Requirements. With respect to properties of irregular shape, or unusual topography relative to other lots in the same zoning district, the Planning and Zoning Commission may modify requirements regarding areas, yards, setbacks and distances between uses if compliance with these requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this section. However, the maximum permitted density shall not be increased by reason of this provision. Applicants shall first seek modifications under this section prior to filing an application as set forth in Section 1111.03 for a variance for areas, yards, setbacks and distances between uses.

  4. (d) Common Open Space. As required in Section 1130.04(d), at least ten percent (10%) of the total area of the development shall be reserved as common open space in ASF developments and shall comply with the requirements of Section 1127.07(d) of this Planning and Zoning Code.

  5. (e) Pedestrian Circulation. Each ASF development shall be served by a comprehensive walkway system, adequately separated from vehicular circulation, connecting residential buildings to parking and recreation areas.

  6. (f) Utility Equipment. All utility lines serving a mixed use residential development shall be located underground. All rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located. (Ord. 2016-59. Passed 11-14-16.)

  7. (g) Accessory Structures.

    1. (1) R1/R2: Accessory structures are permitted as regulated in Section 1125.04.

    2. (2) ASF: Fifteen feet in height, maximum.
      (Ord. 2019-39. Passed 8-13-19.)

1130.10   Supplemental parking regulations

In addition to the applicable parking regulations of Chapter 1141, the following parking regulations shall apply.

  1. (a) Large Vehicles. Vehicles exceeding nineteen (19) feet in length or seven (7) feet in width, or eight (8) feet in height are considered large vehicles for the purpose of these parking regulations. Unless otherwise permitted in this section, a large vehicle shall be stored in a garage and used solely by the occupant of the dwelling. No large vehicle shall be parked, stored or allowed to remain on a lot or parcel of land that is not improved with a main building.

  2. (b) Overnight Parking. Overnight parking of vehicles in front and side yards is prohibited with the following exceptions:

    1. (1) The occupants of the premises and their guests may park a passenger vehicle that is not considered a Large Vehicle in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way.

    2. (2) A single vehicle having truck license plates and with a capacity rating of one (1) ton or less may be parked in a driveway provided that no part of any vehicle may extend over any public sidewalk or other right of way and that such truck is used solely by the occupant of the dwelling.

  3. (c) Prohibited Activity. The rebuilding, overhauling or dismantling of an automotive vehicle or the storage of motor or body parts in an open yard is prohibited. The outside parking and storage of recreational vehicles is prohibited.

  4. (d) ASF: Garages. Each garage shall be provided for the exclusive use of a single dwelling unit and shall be attached to the residential structure which contains that unit. Such garages may be attached to one another at side walls in order to improve design.

  5. (e) ASF.

    1. (1) In addition to the parking required in Chapter 1141 , a minimum of one-half (0.5) off-street parking space per dwelling unit shall be provided in unenclosed common parking areas distributed throughout the development in a manner providing convenient access to all dwelling units.
      (Ord. 2019-39. Passed 8-13-19.)

1130.11   Supplemental regulations

For regulations regarding off-street parking and loading, landscaping, lighting, signs and environmental performance, refer to Chapters 1141 - 1150 of the Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)