§ 5-5. Residential mixed use (RMX) district regulations.


Latest version.
  • (1)

    The intent of the Residential Mixed Use (RMX) district is to encourage the orderly development of a residential-oriented, mixed-use neighborhood environment in or adjacent to the village areas as shown in the comprehensive plan. This district is intended to be served by an interconnected network of streets, walkways and bikeways, pedestrian-friendly streetscapes, and a balanced mixture of supportive higher density, multi-family residential uses adjacent to and/or integrated with limited amounts of commercial and institutional uses.

    Pedestrian activity and convenience is encouraged through a mix of pedestrian-oriented buildings, streetscapes, and walkways that create a sense of place and vitality, as called for in the comprehensive plan. Development in this district is intended to be served by public water and sewer; rezoning to this district is appropriate only if public water and sewer service to the proposed site exists or is available.

    (2)

    The following uses shall be permitted in the RMX district: Single-family, two-family, multi-family, and townhouse dwellings, home occupations type I, community recreation facilities, parks, playgrounds, greens and squares, schools, churches, and similar institutional uses or places of assembly, parking lots and parking structures, and accessory uses and structures associated with the principal uses.

    (3)

    The following shall constitute the minimum lot area and maximum residential density in the RMX district:

    a.

    Minimum lot area: 2,500 square feet.

    b.

    Maximum density for residential uses: sixteen (16) dwelling units per net acre.

    c.

    Minimum lot width: twenty-four (24) feet measured at the minimum allowable front setback.

    (4)

    The following shall constitute the lot coverage requirements in the RMX district:

    a.

    Maximum lot coverage for total building footprints and paved surfaces: none other than that imposed by green space, storm water and other requirements.

    b.

    Maximum footprint of any one building shall not exceed 15,000 square feet; multiple buildings on a lot may be connected by enclosed walkways or subordinate connective building sections; distinct but connected buildings are considered separate buildings.

    c.

    At least ten (10) percent of the total lot area must be in green space. The zoning administrator may waive this requirement and instead accept from the applicant a fee in lieu, as established by the board of supervisors.

    (5)

    The following shall constitute the yard and building setback requirements in the RMX district:

    a.

    Building setbacks shall be measured from the edge of sidewalk or the existing or proposed lot line establishing the right of way design as shown in Figures 5.4(5) (a) and 5.4(5) (b). Setbacks and streetscape requirements shall be measured based on the lot configuration after dedication of right of way required as part of the subdivision or site plan review process. No area within the front yard setback may be used for parking. Access drives located within the front yard setback cannot be used to satisfy the requirements for off-street parking within the RMX district.

    b.

    The setbacks required by this section shall apply to all parcels within the RMX District; however where an RMX District abuts another residential district, the principal and accessory setbacks applicable in the adjoining residential district shall also apply to the structures in the RMX District only along the shared property line(s) between the RMX District and adjoining residential district.

    c.

    The following setbacks are required for principal buildings that front on a public or private, road, street, drive or parking area:

    (i)

    Setbacks from undivided street or highway, drive-aisle or parking area:

    (a)

    Minimum front setback: five (5) feet.

    (b)

    Maximum front setback: twenty (20) feet. Up to thirty (30) percent of the front façade may be recessed an additional twelve (12) feet (total of 32 feet) from the front lot line if the additional space is used for greens, squares, courts, plazas or other civic features, including outdoor eating areas.

    (c)

    Where existing buildings or structures occupy lots comprising at least fifty (50) percent of the lots within a block, and the average front yard depth of the existing buildings or structures is more than the maximum allowed by this ordinance, the average so established may be taken in lieu of that which is normally required. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered.

    (d)

    Minimum side setback: none for attached units; otherwise five (5) feet or pursuant to section 5-5 (5) (b).

    (e)

    Minimum rear setback: twenty (20) feet or pursuant to section 5-5 (5) (b).

    (ii)

    Setbacks from divided street or highway:

    (a)

    Minimum front setback: twenty (20) feet.

    (b)

    Minimum setback from lot access road, whether public or private: five (5) feet.

    (c)

    Maximum setback from highway: none.

    (d)

    Minimum side setback: none for attached units; otherwise five (5) feet or pursuant to section 5-5 (5) (b).

    (e)

    Minimum rear setback: twenty (20) feet or pursuant to section 5-5 (5) (b).

    (iii)

    A paved sidewalk, for public use, at least five (5) feet in width, and a planting strip of at least six (6) feet, must be provided together across the lot frontage, either on the lot or within the public right-of-way, whichever matches existing conditions or the provisions of the comprehensive plan or any applicable county-approved plans. Street trees with a minimum of 2 inches in diameter at breast height at planting, shall be planted within the planting strip or within an easement adjacent to sidewalk at an average of one (1) tree per thirty (30) feet. Street Trees shall be planted in accordance with guidelines established in the ANSI A300 Standards for Tree Care Operations. If the county has no specific plan or design for such streetscape improvements, the zoning administrator may waive this requirement and instead accept from the applicant payment of a fee in lieu as established by the board of supervisors. Refer to Figures 5.4 (5) (a) and 5.4 (5) (b).

    (iv)

    Parking facilities, exclusive of drive aisles providing direct access to parking areas, shall not be located within the yard of the front setback.

    (v)

    Not more than one row of head-in or angled parking may be located along each side of the private street or drive aisle serving the lots in the development.

    d.

    The following setbacks shall be required for all accessory buildings including detached garages, carports and other accessory parking structures:

    (i)

    Minimum front setback: must be located to the rear of the principal building either partially or fully within the principal rear yard setback.

    (ii)

    Minimum single side setback: none within the RMX District; however, when the yard abuts the yard of another zoning district, the setback of the adjoining district shall apply. Accessory structures exceeding thirty-five (35) feet in height shall meet the principal setbacks of an adjoining residential district.

    (iii)

    Minimum sum of two side setbacks: none except as required above.

    (iv)

    Minimum rear setback: five (5) feet or pursuant to section 5-5 (5) (b) except that lots served by rear access roads or alleys shall have no minimum rear yard setbacks for accessory structures. Accessory structures exceeding thirty-five (35) feet in height shall meet the principal residential setbacks requirements of an adjoining residential district.

    e.

    If ambiguity exists regarding the road frontage or setback requirements of a lot, or where double frontage conditions apply, the zoning administrator shall determine the frontage type and applicable setbacks based on the predominant site and surrounding conditions in accord with criteria established above and existing and planned site conditions. Established setbacks shall be shown on the approved zoning permit, final plat or site plan.

    Figure 5.4(5) (a): Typical Right of way Width and Design for Non-major public roads and private streets in the RMX district*

    5-5a

    Figure 5.4 (5) (b): Typical Right of Way Width and Design for Major public roads and private streets in the RMX district (Half-Section)*

    5-5b

    (6)

    The following shall constitute the building requirements in the RMX district:

    a.

    The maximum height of any building shall be forty-five (45) feet, except as otherwise provided herein.

    b.

    The following shall constitute the requirements for all principal buildings:

    (i)

    Minimum thirty (30) percent of the front façade surface shall be in fenestration on ground floor for residential uses and fifty (50) percent shall be in fenestration for nonresidential uses.

    (ii)

    Minimum twenty (20) percent of the front façade surface shall be in fenestration on upper floors.

    (iii)

    The front façade shall have at least one ground floor entrance.

    (iv)

    Multiple entrances along front façade must be spaced to have a least one entrance every forty (40) feet.

    (v)

    Maximum height of a principal building is sixty (60) feet if façades above a height of forty-five (45) feet are set back at least fifteen (15) feet from any lot line or the principal applicable yard setback of adjoining residential zoning district, whichever setback is greater.

    (vi)

    The front façade must have a horizontal recession in the wall surface of at least three feet horizontally, occurring at least every fifty (50) linear feet, such that there is vertical split in the wall where one place of the façade is located farther from the front line than the adjacent plan and the break creates the visual appearance of separate building masses along the frontage, with a readily visible change in the plane of the wall along the street, and changes in roof heights/masses.

    (vii)

    Loading areas and refuse receptacles must be located at the rear of the site and screened from view from the public right-of-way.

    (viii)

    Mechanical equipment, whether ground-level or rooftop, shall be shielded and screened from view from the public right of way, and shall be designed to be perceived as an integral part of the building.

    (ix)

    A mix of front façades and garage types is encouraged; at least two (2) detached houses featuring dissimilar elevations shall be placed between houses with the same front elevation on the same side of the street.

    (x)

    Residential buildings may have front loading garages provided they meet the following design standards:

    (a)

    Oversized garage doors (greater than 10 feet in width) or those providing access to multi-car garages shall be split into two (2) or more smaller, carriage style doors. Glazing within garage doors may be included in the percentage of fenestration required for the front façade.

    (b)

    The front of the garage door shall extend no more than eight (8) feet from to the front wall of the building.

    (c)

    To encourage front porches in developments with front loading garages, and to provide for a greater depth to the front entrance wall, the eight-foot (8) garage offset may be measured from the median of the depth of any covered front porch when the porch has a minimum width of eight (8) feet.

    (d)

    A minimum front porch depth of five (5) feet, as measured from the front wall of the residence to any required safety railing and/or support posts shall be required for front porches.

    c.

    If ambiguity exists regarding the road frontage condition of a lot or the required setbacks, the zoning administrator shall determine the frontage type and applicable setbacks based on the predominant site and surrounding conditions in accord with criteria established above and with existing and planned site conditions.

    (7)

    Other Requirements.

    a.

    Where no other landscaping is required, a buffer, meeting the requirements of article 9, section 9-8 shall be provided between the RMX district and other residential districts. The side and rear yard buffer requirements may be reduced or modified by the zoning administrator based on existing or proposed site conditions that offer equivalent screening and noise abatement to adjacent residential properties.

    b.

    Off-street parking facilities shall be provided in accordance with the off-street parking requirements of article 11 of the zoning ordinance or as approved by the zoning administrator based on a parking analysis of the proposed development provided as part of the traffic impact analysis or submitted with the proposed subdivision or site plan.

    (i)

    On-street parking and joint parking with non-residential uses may be used to satisfy the parking requirements for residential uses in the RMX district provided that the hours of use of the non-residential parking areas do not normally overlap with the residential uses.

    (ii)

    A written agreement for residential use of public and private parking areas shall be filed with the administrator prior to approval of the zoning permit, site plan or subdivision development plan for the proposed residential use and/or recorded as part of the deed or covenants and restrictions for the proposed residential development.

    c.

    Signage shall be in accordance with article 12.

    (Ord. of 4-5-2016(2); Ord. of 8-7-2018)

(Ord. of 4-5-2016(2); Ord. of 8-7-2018)