In order to encourage the preservation and reuse of existing commercial and industrial structures, and to encourage live-work situations, loft conversions and mixed-use commercial-residential uses are permitted in many zoning districts, even in certain districts where new residential construction is prohibited, subject to the following.
(1) Loft conversions are prohibited in the R1 and R2 Districts except where developed under the “School building adaptive reuses” provision as defined in Section 50-16-381 of this Code.
(2) Lofts in the B6, M1, M2, M3, M4, and SD4 Districts are subject to review by the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this chapter.
(3) Similarly, single-family dwellings, two-family dwellings, and multiple-family dwellings are permitted in commercial or industrial structures combined with those permitted Retail, Service, and Commercial uses specified in Division 1, Subdivision D of this Article, except for “adult uses/sexually oriented businesses” as specified in Section 50-12-108 of this Code. For example, although a single-family detached dwelling is not permitted by right in the R6 District, a doctor’s office that has an apartment is permitted by right as a “Residential use combined in structures with permitted commercial uses.” In addition, in industrial zoning districts where new residential construction is prohibited, an existing building with a hardware store on the ground floor, for example, and residential units on the upper floor could be reoccupied on a Conditional Use basis and without the need for approval by the Board of Zoning Appeals.
(4) In B2 and B3 Districts, lofts are permissible on a by-right basis only where located in a Traditional Main Street Overlay area and combined in a structure with permitted commercial or industrial uses, and otherwise are permissible conditionally.
(5) In B4 Districts, lofts are permissible on a by-right basis only where located in the Central Business District or in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally.
(6) In B2, B3, and B4 Districts, residential uses combined in structures with permitted commercial uses are permissible on a by-right basis only where located in a Traditional Main Street Overlay Area, and otherwise are permissible conditionally.
(7) In M1, M2, M3, and M4 Districts, new construction of a “residential use combined with permitted commercial uses’ is limited to not more than two residential units. However, any time three or more residential units are combined with permitted commercial uses in an existing
commercial or industrial structure in the B6, M1, M2, M3, M4, or SD4 District, the use shall be subject to the review of the Loft Review Committee as provided for in Article II, Division 6, Subdivision C, of this Chapter.
(8) In the SD4 District, specially designated merchant’s (SDM) establishments and specially designated distributor’s (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a loft development that has not fewer than 50 dwelling units.
(9) In designated Traditional Main Street Overlay Areas, as provided in Section 50-11-382 of this Code, residential uses, combined in structures with commercial or industrial uses that are permitted by right in the respective zoning district shall be permitted by right.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
Multi-family dwellings shall be subject to the following requirements:
(1) In the R2 District, such uses shall have a maximum of eight dwelling units, except where developed under the “school building adaptive reuse” provision as defined in Section 50-16-381 of this Code;
(2) In the R3 District, multiple-family dwellings, where fewer than 50 percent of the units are efficiency units, are permitted by right; multiple-family dwellings, where 50 percent or more of the units are efficiency units, are a Conditional Use;
(3) In the B5 District, ground-floor commercial uses shall be required along at least fifty percent of the building façade fronting Woodward Avenue, and may be required in other portions of the B5 District;
(4) The required recreational space ratios for multi-family dwellings are listed as follows:
a. R3 District: 0.12;
b. R4 District: 0.10;
c. R5 District: 0.085;
d. R6 District: 0.07;
e. SD1 District: 0.07;
f. SD2 District: 0.07.
(See Section 50-13-239 of this Code for information on recreational space requirements.)
(5) For certain permitted accessory uses in the R5, R6, and B1 Districts, see Section 50-12-514 of this Code;
(6) In the B5 and PCA districts, multiple-family dwellings that have ground floor commercial space or other space oriented to pedestrian traffic are permitted by right. Multiple-family dwellings not having such ground floor space are a conditional use;
(7) Multiple-family dwelling developments that exceed 12 units are subject to site plan review as provided for in Section 50-3-113 of this Code;
(8) In the SD4 District, specially designated merchant’s (SDM) establishments and specially designated distributor’s (SDD) establishments are permitted when incidental to, accessory to, and on the same zoning lot as a multiple-family dwelling, that have not fewer than 50 dwelling units;
(9) Multiple-family dwellings for the elderly as defined in Sec. 50-16-304 of this Code, are subject to a lesser off-street parking requirement than other multiple-family dwellings. Where a multiple-family dwelling for the elderly converts to a general population multiple-family dwelling, the full off-street parking requirement must be satisfied.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).