Loading...
CHAPTER 35 Title 10 Multi-Use Zone Page 1 of 10 MULTI-USE ZONE REVISED 05-18-2023 CHAPTER 35 MULTI-USE ZONE 10-35-1: GENERAL OBJECTIVES AND CHARACTERISTICS: The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Large scale commercial development may be allowed pursuant to the master plan allowances and, in most cases, should be allowed only along arterial roadways or on major collector streets. This zone is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure development of properties into a plan with coordinated and harmonious development. The zone is intended to integrate both existing and new land uses within close proximity to one another, providing for the daily shopping needs and often the recreational needs of the residents. Connection within the development to the different uses should be of prime consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of the development. The general area of service for easy travel and access would generally be within a one to two (1-2) mile traveling distance from any residential property. 10-35-2: ALLOWED USES: Pursuant to 10-35-6 only the uses designated as permitted uses or those shown as permitted with master plan approval on the zoning use table located below shall be allowed within the Multi-Use zone. Those uses shown as allowed by master plan approval are not an assumed right within the Multi-Use zone and shall be considered on a case by case basis and allowed in the sole discretion of the City Council with a recommendation by the Planning & Zoning Commission. USE Adult Business - (Sexually oriented businesses) NA Amateur Radio Operator Antennas (70' or under in height) A Amateur radio towers and antennas that do not meet all the requirements (such as maximum height) of City code 10‑32 Communications Towers and Antennas M Ambulance services M Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by conditional use permit). (Indoor only) A Amusement enterprises, such as penny arcades, carousels, swimming pools and dance halls (Outdoor) M Amusement Park, such as water parks, merry-go-rounds, etc. (Outdoor) M Animal shows - Inside, Small Animal (By event permit) A Arts and crafts shows (By event permit) A Arts, entertainment or recreation facility, indoors (maximum of 5000 square feet) A Arts, entertainment or recreation facility, indoors (over 5000 square feet) M Arts, entertainment or recreation facility, outdoor stage or music venue M Athletic Clubs (maximum of 5000 square feet) A Athletic Clubs (over 5000 square feet) M Automotive - Fuel/Charging (service) stations (excluding super service stations) (maximum of 5000 square feet) A Page 2 of 10 MULTI-USE ZONE REVISED 05-18-2023 USE Automotive - Service stations-Super M Automotive body shop NA Automotive gas station/service and/or repair shop NA Automotive repair NA Automotive storage NA Automotive washing facility (Car/Pickup and Commercial Trucks) M Automotive washing facility (Car/Pickup only) M Automotive, mobile home, travel trailer, and/or farm implement sales NA Bakeries (commercial) NA Bakery plant (wholesale) NA Banks/financial institutions (with or without drive-up service) (maximum of 5000 square feet) A Beauty/barber shop (maximum of 5000 square feet) A Beauty/barber shop (over 5000 square feet) M Bed and breakfast facility M Billboards (by conditional use permit) (refer to Chapter 34 for regulations) NA Boarding or lodging house or dormitory M Boat sales and repair (By Conditional Use Permit) NA Building material, garden equipment and supplies NA Building materials including storage yards NA Building supply stores, except material sales yards and accessory storage buildings NA Buildings accessory to and incidental to uses permitted in the zone NA Bus Depots NA Businesses and establishments with vehicular drive-in and drive-through pickup facilities A Cabinet shop NA Canvas products sales and fabrication (on site, retail only) NA Car lots-New NA Car lots-Used NA Catering service A Cellular and wireless phone dealerships (maximum of 5000 square feet) A Cellular and wireless phone dealerships (over 5000 square feet) M Cement, lime, gypsum, rock wool or plaster of paris manufacturing NA Cemetery M Childcare Center 13+ (within commercial area) A Childcare Family 1-5 A Childcare Group 6-12 A Christmas tree sales (maximum of 5000 square feet) A Church M Circuses and carnivals (By event permit) A Civic, social or fraternal organizations M Clinic (Medical) (maximum of 5000 square feet) A Clinic (Medical) (over 5000 square feet) M Coffee roasting facility (maximum of 5000 sq ft) M Coffee roasting facility (over 5000 sq ft) NA Commercial Condominium Projects pursuant to Idaho State Code Title 55, Chapter 15 A Page 3 of 10 MULTI-USE ZONE REVISED 05-18-2023 USE Commercial garages, but not including the storage of wrecked or dismantled automobiles NA Commercial HVAC service establishments NA Community Garden M Computer sales, service, and maintenance (maximum of 5000 square feet) A Computer sales, service, and maintenance (over 5000 square feet) M Construction sand and gravel mining NA Contractor's yard and/or shop NA Convenience Store with no fuel/charging service (service station) (maximum of 5000 square feet) A Convenience Stores (excluding super service stations) (maximum of 5000 square feet) A Convenience Stores (including super service stations) (Over 5000 square feet) M Copy/Print/Blueprint retail centers (maximum of 5000 square feet) A Copy/Print/Blueprint retail centers (over 5000 square feet) M Craft Shops - no commercial sanding or cutting allowed (maximum of 5000 square feet) A Dairy farm NA Dancing and Music Schools/Studios (maximum of 5000 square feet) A Day/Massage spa (maximum of 5000 square feet) A Day/Massage spa (over 5000 square feet) M Delicatessens (maximum of 5000 square feet) A Delicatessens (over 5000 square feet) M Distillation of bones and organic fertilizer manufacturing NA Drive-in theater NA Drugstore and Pharmacies (maximum of 5000 square feet) A Drugstore and Pharmacies (over 5000 square feet) M Dry Cleaner & Laundry Plants A Dry Cleaners & Laundry w/Pick up service (maximum of 5000 square feet) M Emergency healthcare (maximum of 5000 square feet) A Emergency healthcare (over 5000 square feet) M Emergency services - Private for profit M Engraving, print shops (excluding those print presses that are half size or larger) NA Equipment rental and sales yard NA Explosive manufacture and storage NA Farm NA Farmers' markets (outdoor) (By event permit) A Fat rendering NA Feedlot and stockyard NA Flex space (Indoor open space for lease - Weddings, Conventions, etc.) (maximum of 5000 square feet A Flex space (Indoor open space for lease - Weddings, Conventions, etc.) (over 5000 square feet) M Food preparation plants, the operation of which is not obnoxious by reason of emission of odors, smoke, or noise NA Furniture repair shops NA Garages (commercial, but not including the storage of more than ten (10) wrecked or dismantled automobiles) NA Page 4 of 10 MULTI-USE ZONE REVISED 05-18-2023 USE Garbage dumps or dead animal reduction NA Glass cutting and installation NA Glue manufacturing NA Golf course and related services M Government building, offices A Greenhouse(s) M Health/Athletic clubs, spas, weight reduction salons (maximum of 5000 square feet) A Health/Athletic clubs, spas, weight reduction salons (over 5000 square feet) M Healthcare or social services (maximum of 5000 square feet) A Heliport and passenger railroad stations. (By Conditional Use Permit) NA Heliports NA Home occupation A Horticulture (general) Horticulture is the branch of agriculture that deals with the art, science, technology, and business of vegetable garden plant growing M Hospital M Hotel and motel M Hotels and hospitals for human care NA Industry Limited NA Kennel (Commercial) M Laboratories M Laundries (commercial) NA Laundromat (maximum of 5000 square feet) A Laundromat (over 5000 square feet) M Library M Livestock auctions and activities related to the handling, transporting and selling of livestock NA Machinery sales establishments NA Manufacturing, processing and fabricating establishments except those in which explosives or other dangerous materials are used NA Microbrewery M Milk distribution stations, creameries, bottling works and similar businesses NA Milling or smelting of ores NA Mobile office M Mortuaries and funeral parlors M Museum M Music studios and other music related businesses M Night Clubs NA Non-flashing signs advertising the services performed within the structure as permitted by Title 10, Chapter 34 A Nonprofit Rehabilitation center NA Nursery, plant materials M Nursing or residential care facility M Offices; Business, professional and medical (maximum of 5000 square feet) A Offices; Business, professional and medical offices (Over 5000 square feet) M Parking lots and public garages for pay M Parking lots and structures NA Parking lots Off-street in conjunction with permitted uses A Parks, public and private A Page 5 of 10 MULTI-USE ZONE REVISED 05-18-2023 USES Pawn shops NA Petroleum refining and refining of crank case oil NA Petting Zoo Area - (pursuant to Title 5, Chapter 3) M Plumbing and carpenter shops and similar NA Portable classroom M Private EV Charging Station A Public EV Charging Station A Public garages and public parking lots for pay NA Public or quasi-public use facilities A Public service facilities A Public, infrastructure A Radio and TV broadcast studios, but excluding antenna towers greater than thirty (30) feet in height above the average terrain NA Radio and TV studios, with antenna towers greater than thirty (30) feet in height above the average terrain permitted NA Research and development M Research laboratories, excluding activities hazardous to explosion or fire NA Residential - Dwelling, Accessory Unit A Residential - Dwelling, multi-family, two-family duplex A Residential - Dwelling, single-family attached (up to 8 units) A Residential - Dwelling, single-family detached A Residential - Manufactured home park M Residential - Mobile home (single unit) (temporary living quarters) M Residential - Multi-family dwelling (up to 8 attached) M Residential - Multi-family dwelling (9 or more attached) M Residential Condominium Projects pursuant to Idaho State Code Title 55, Chapter 15 A Restaurant (maximum of 5000 square feet) Beer/Wine allowed by use-Liquor allowed pursuant to HC-1 Requirements A Restaurant (including those with a drive-through) (Over 5000 square feet) M Restaurants (over 5000 square feet) (alcohol allowed pursuant to HC-1 Requirements when approved on the master plan) M Retail sales - (over 5000 square feet) M Retail store - Small scale (maximum of 5000 square feet) A Retail Wine/Beer Shop - Products available for both on and off premise consumption (maximum of 5000 square feet) A Riding academies/stables NA Roadside stand (temporary structure) A Rubber manufacture NA School, public or private M Semi-public swimming pools, including water parks M Service establishments, such as dyeing, cleaning or laundry plants, printing plants, machine shops, blacksmith shops NA Shooting range-Indoor (with conditional use permit approval) NA Shooting ranges - CUP - That outdoor shooting ranges shall be first approved as a conditional use by the Board of Adjustment NA Shopping center M Shopping mall NA Sidewalk Sales (within commercial area) A Page 6 of 10 MULTI-USE ZONE REVISED 05-18-2023 USES Sign shop, including painting NA Small engine repair (mower, chain saws, etc.) M Sporting goods stores (maximum of 5000 square feet) A Sporting goods stores (Over 5000 square feet) NA Stock yards, feed yards or slaughter of animals NA Storage (enclosed building) M Storage (solid obscure fenced area) M Storage Units NA Street fair (Closures of Street by permit only) A Subdivision sales office A Taxi stands and Bus Stops A Theater – Indoor M Tire shop, including recapping NA Trade fair (within Flex space) (Require Event Permit) A Truck stop NA Turf and/or tree farm NA Upholstery shop M Upholstery stores and repair shops NA Vehicle repair, minor NA Vertically integrated Commercial and/or Residential project (Including a combination of commercial and residential) M Veterinary Hospitals - Large or small animal (Over 5000 square feet) NA Veterinary Hospitals - Small animal (maximum of 5000 square feet) A Vineyard NA Welding, tool shop NA Wholesale distributing houses and warehouses NA Wholesale establishments with stock on premises, but excluding establishments, the principal activity of which is a storage warehouse NA Wireless/Communication facilities (enclosed building, tower height - 60' or less) A Wireless/Communication facilities (enclosed building, tower height - over 60' M Woodworking shop NA KEY ALLOWED IN DESIGNATED ZONE A NOT ALLOWED IN DESIGNATED ZONE NA ALLOWED WHEN APPROVED ON MASTER PLAN IN MULTI-USE ZONE (ORIGINAL OR AMENDED) M 10-35-3: RESIDENTIAL PROPERTY REQUIREMENTS: All properties used for residential purposes within the zone shall require platting for each residential structure or grouping of residential structures within the zone. Setbacks for all residential structures shall be applied based on the size of the lot and the related residential zone within the City Code that would allow the same size parcel and type of structure. For those residential structures that are platted and developed in a group setting where the property and/or structure may not be fronting on a public street, the setback from the side of the building containing the main doorway shall be a minimum of twenty (20) feet from any adjacent property line and/or required setback of any adjacent building (A minimum of forty (40) feet between facing residential structures shall be required). When the main entrance of one building faces the side of another building the minimum distance shall be determined by using the required setback for the front of one building and the required side yard requirement of the second building(s). The resulting open Page 7 of 10 MULTI-USE ZONE REVISED 05-18-2023 space shall be landscaped as greenspace, necessary sidewalks/trails shall be allowed within the greenspace area. 10-35-4: SHARED COMPONENT PROPERTY REQUIREMENTS: All development activities within the zone are permitted only on platted lots. All adjoining lots used for commercial and/or residential purposes that have shared access to a public street, and any single lot containing more than one commercial entity and/or residence must comply as follows: (A) All structures and grounds must 1. Be under a single ownership OR 2. Meet the requirements of a condominium property pursuant to Title 55, Chapter 15, Idaho State Code, or 3. Have an agreement which shall be recorded at the time of plat recording for maintenance and maintenance costs which specifies the responsible party/parties for any and all costs not associated to a specific building lot or unit in the development (B) All properties sharing parking with adjacent commercial and/or residential development shall provide a recorded cross access agreement for all parking facilities within the shared parking area. Said agreement shall be recorded with the final plat or if recorded prior to the final plat a copy shall be submitted with the final plat request for recording. (C) Landscaping and sprinkler systems shall be incorporated within individual properties or shall comply with the ownership requirements as described within this section or by any other ordinance within the City. All required landscaping within an area designated for commercial and/or shared residential development on an approved master plan shall be cohesive in nature and shall be uniform throughout the areas within the master plan. All landscaping requirements shall comply with all policies and codes as adopted by the City of Ammon (D) Remodeled and converted structures and properties shall comply with all requirements of this section. 10-35-5: STANDARD DEVELOPMENT OR ANNEXATION AGREEMENT REQUIRED: (A) Multi-Use zoning that is approved based on a request for re-zone shall be subject to any existing development agreement and any additional requirements that may be included as a condition for approval of the rezone. (B) Multi-Use zoning which is incorporated as part of an initial annexation and zoning shall be subject to both an annexation agreement and future standard development agreements as property is platted. 10-35-6: MULTI-USE MASTER PLANS: A master plan incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. Page 8 of 10 MULTI-USE ZONE REVISED 05-18-2023 All master plans shall require a public hearing prior to approval. The master plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone, or for a re-zone request hearing. As part of a master plan approval, those uses listed as allowed by master plan approval shall be included as part of the master plan request documentation. The public hearing requirement for any master plan approval shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings adopted by the City of Ammon. An application for a master plan shall be submitted on the Plan Review Application form and shall include all documentation required on the application form prior to assignment of a hearing date. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. It is the intent of the City to allow flexibility for placement and boundaries between other uses within the property designated as multi-use. Amendments to a master plan shall be approved through the same requirements as an original approval for said master plan. Any approval of an amended master plan may be subject to the revision of the special conditions within an existing annexation/standard development agreement. 10-35-7: QUALIFICATIONS RELATED TO USE OF THIS ZONE: The following shall be guidelines for the approval of a property to be zoned multi-use: (A) Prior to platting of property in a multi-use zone, a master plan approval showing the general areas of the different types of uses within the zone shall be received by the Planning and Zoning Commission with final approval of the City Council. (B) If it is determined that the development will service an existing area or development adjacent to the zone and meet the intent of the multi-use zone designation, use of the multi-use zone may be allowed to be entirely one type of use designation (commercial or residential). Access to adjacent zoning uses and development shall be a consideration in granting this type of multi-use zoning request. (C) If it is determined that the development will not service an existing area or development adjacent to the zone, it shall be required that the development contain a simple majority of commercial property based upon acreage Those areas that include vertical integration of commercial and residential property will require a simple majority of commercial area based on square footage. 10-35-8: USE OF PLANNED UNIT DEVELOPMENT OVERLAY (PUD): In some cases, the developer within the Multi-Use zone may wish to apply a PUD Overlay to a Multi-Use zone. In those cases, the developer shall be required to follow and adhere to all requirements of the PUD Overlay approval process as outlined within the City Code. 10-35-9: LIGHTING: Exterior lighting within the multi-use zone shall be required to meet the following standards: (A) Light overlap or trespass onto adjacent properties shall be taken into consideration as part of the review of all master plans. While lighting is not required to be provided on a master plan both the Planning and Zoning Commission and City staff may provide input in areas where such light overlap or trespass may be a concern. Lighting types to be considered include, but are not limited to, street lighting, parking Page 9 of 10 MULTI-USE ZONE REVISED 05-18-2023 lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Any lights used to illuminate a site shall be arranged to reflect light away from the adjoining property. (C) Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants will be encouraged to limit the times of lighting within a development whenever practical. 5. Special attention shall be given by the developer regarding mixed use buildings that may provide both commercial and residential uses within the same building. At site plan review time, City Staff may make recommendations to the developer regarding possible lighting conflicts within the site plan. It shall be the developer’s responsibility to provide accommodations when lighting may conflict between uses. (D) The developer shall install streetlights at locations required by the City Engineer and shall meet any standards or policies adopted by the City for street lighting. All street lighting shall continue to follow the requirements set forth in this ordinance regarding light overlap or trespass. (E) All street and public open space lighting required as part of a multi-use development shall be included into a lighting district prior to the final approval of any roadways or acceptance of any park/streets within the development. Said lighting district shall assess the cost of maintenance and power to all properties within the development on an equal per lot basis, unless at the time of formation of a lighting district the Board of Directors of the lighting district agrees and orders an assessment considered to be more equitable to the property owners within said district. 10-35-10: SIGNAGE: Signage that is within a multi-use development should be a major consideration of the Commission and the developer at the time of a master plan application. The following items shall be considered for any signage other than the required streets and traffic control signage which shall be as required by the City Engineer. (A) Poles signs above twenty (20) feet in height from grade level shall be reviewed for placement and encouraged to be within the development on the exterior boundaries of the multi-use development or as approved on the master plan along arterial roadways. (B) Poles signs within the interior of a multi-use development are discouraged and the developer encouraged to plan for a standardized interior signage requirement. Page 10 of 10 MULTI-USE ZONE REVISED 05-18-2023 (C) Consideration on interior signage should be given where commercial and residential buildings are adjacent to or part of the same building. (D) All signage is encouraged to be energy efficient. (E) All signage lighting should be designed to keep lighting overlap into adjacent properties at a minimum, especially residential use properties. (F) All signage requested on buildings within the multi-use zone where both a commercial and residential use is contained shall follow the dark sky principals and should be designed to alleviate up lighting and lighting into residential portions of the building. The developer shall be required to provide a lighting analysis showing the dark sky principals have been followed in the design of any on-building signs used for commercial business location or for building identification signage. 10-35-11: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal residential activities and movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except vehicles in running order and seasonal merchandise such as nursery stock, fruits and vegetables within a commercial area, within a commercial/residential area or any multi-use residential area with more than four (4) attached living units, shall be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (D) All commercial sanitation dumpsters shall be required to be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced.