Mixed Residential and Commercial Use Structures.  


Latest version.
  • (1) 
    General Conditions. Mixed residential and commercial use structures, when permitted in commercial Zoning Districts as special uses, shall be subject to the following conditions:
    [Ord. 6260, repeal & recreate, 10/29/1996]
    (a) 
    Separate entrances shall be provided for each class of use.
    (b) 
    Off-street parking requirements shall be complied with for each class of use; see Section 12.19 for required spaces. Separate parking areas shall be provided for residential and non-residential uses and shall be clearly defined as such.
    (c) 
    The minimum lot area per dwelling unit shall be in accordance with Section 12.38, RC-2 Residence District. Allowable units shall be reduced by the amount of area devoted to nonresidential use.
    (d) 
    Front, side and rear yard requirements shall conform to the Zoning District in which the proposed development is to be located, but shall not be applied to nonconforming buildings.
    (e) 
    The floor area ratio shall not exceed 1.5.
    (f) 
    There shall be no addition of residential units to existing commercial buildings, unless the criteria contained in this Section are complied with.
    [Ord. 6569, 5/15/2001]
    (g) 
    Existing mixed use structures in most cases are non-conforming uses and will remain in that status and the provisions of this Section will not apply, unless the physical characteristics of an existing building are such that they meet all of the aforementioned criteria.
    [Ord. 6569, 5/15/2001; Ord. 6593 [repeal 12.49(1)(h)], 11/6/2001]
    (2) 
    Special Use Conditions in the C-1 Central Business District. Buildings constructed before January I, 1978, shall be exempt from the provisions contained in Section (1), Subparagraphs (b), (c), (f), and (g), provided the following additional conditions are met:
    [Ord. 6511, 5/2/2000; Ord. 6593, 11/6/2001]
    (a) 
    No residential use will be permitted on ground floor.
    (b) 
    Each dwelling unit shall have its own kitchen facility which will include kitchen sink and space to provide for efficient food preparation, serving and storage, as well as utensil storage and cleaning up after meals.
    (c) 
    Each dwelling unit shall have its own bathroom facility and bathtub or shower.
    (d) 
    Floor plans of all conversions under this Section shall be submitted to and approved by the Plan Commission.
    (e) 
    The Plan Commission shall have the authority to allow for a reduction of not more than ten percent (10%) of any of the above mentioned minimum room sizes and dimensions in consideration of the existing spatial and structural characteristics of the building under review. Justification for such consideration by the Plan Commission shall be shown by the applicant on the submitted plan.
    (f) 
    Credit shall be given for available or authorized public off-street parking spaces located within two hundred (200) feet of the proposed building or use; see Section 12.19 of this Subchapter for required spaces.
    (g) 
    All conversions shall comply with all applicable building codes.
    (h) 
    Residential uses may be mixed with non-residential uses, provided the commercial use is a permitted or special use in the C-1 Central Business District.
    (i) 
    Dwelling units shall conform to the following table for minimum room sizes:
    Minimum Floor Area (Sq. Ft)(iv)
    Name of Space
    LU with 0-BR
    LU with 1-BR
    LU with 2-BR
    LU with 3-BR
    Least Dimension
    Living Room
    N/A
    160
    160
    170
    11'-0"
    Dining Room
    N/A
    100
    100
    110
    8'-4"
    Bedroom (primary) (i)
    N/A
    120
    120
    120
    9'-4"
    Bedroom (secondary)
    N/A
    NIA
    80
    80
    8'-0"
    Combined Space (ii)
    Living & Dining
    N/A
    210
    210
    230
    11'-O"
    Living-Dining-Sleeping
    250
    N/A
    N/A
    N/A
    11'-0"
    Living-Sleeping
    210
    N/A
    WA
    N/A
    11'-O"
    Kitchen-Dining (iii)
    100
    120
    120
    140
    8'-4"
    Other Habitable Room
    N/A
    80
    80
    80
    8'-0"
    NOTES:
    (i)
    Primary bedrooms shall have at least one uninterrupted wall space of at least ten (10) feet.
    (ii)
    For two (2) adjacent spaces to be considered a combined room, the horizontal opening between spaces shall be at least eight feet (8'-0"), except that between kitchen and dining functions, the opening may be reduced to six feet (6'-0"). Spaces not providing this degree of openness shall meet minimum room sizes required for separate rooms.
    (iii)
    These standards apply when the only eating space is in the kitchen.
    (iv)
    The floor area of an alcove, or recess off a room, having a least dimension less than required for the room, shall be included only if it is not more than ten percent (10%) of the minimum room size permitted and is useful for the placement of furniture.
    Planned Development Regulations
Ord. 6245, repeal & recreate, 9/3/1996