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HomeMy WebLinkAbout2025-03 AMEND NON-RESIDENTIAL USE CHAPTER 35ORDINANCE NO. 2025-03 AN ORDINANCE AMENDING SECTIONS 35-2301, 35-2302, AND 35-5100 OF THE CITY CODE OF ORDINANCES REGARDING THE MAXIMUM ALLOWABLE SIZE OF AN INDIVIDUAL NON-RESIDENTIAL USE IN THE NEIGHBORHOOD MIXED-USE ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35, Section 35-2301 MX-N1 – NEIGHBORHOOD MIXED-USE is amended by adding the following double-underlined language and deleting the stricken language: Section 35-2301. MX-N1 – NEIGHBORHOOD MIXED-USE a. PURPOSE. The purpose of the MX-N1 (Neighborhood Mixed-Use) district is to accommodate low- to medium- density residential and multi-family residential development, with or without small-scale ground floor non-residential uses. In addition, MX-N1 allows for the reuse of residential structures with frontage on an arterial street for a variety of residential and non-residential uses. It is intended primarily for use along arterial corridors, at or near major intersections, and areas adjacent those zoned MX-N2 or similarly zoned areas. Allowed uses are shown in Section 35-4200 – Allowed Use Table. b. MX-N1 DIMENSIONAL STANDARDS 3 Building Setbacks A Front build-to line (min-max) 5-20 feet on primary and secondary street frontage B Side building setback (minimum) 10 feet C Rear building setback (minimum) 20 feet D Minimum lot size N/A Accessory Structure setback, Interior side or rear (minimum) 5 feet Other Standards E Structure height (maximum) 48 feet Density 15-31 Units/acre Accessory Structure height (maximum) 20 feet Maximum size of individual non-residential retail use 7,500 Square Feet c. GENERAL REGULATIONS. 1) Complete detailed dimensional standards are located in Section 35-5000 – Development Standards and Incentives. 2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator. 3) The required total minimum land area may be reduced 500 square feet for each required parking stall constructed completely underground, or otherwise provided in an integrated parking structure. 4) Permitted Encroachments into the regular setbacks are listed in Section 35-5100 of this UDO. 5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for the purpose of this Unified Development Ordinance, be considered side-interior lot lines, and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards. 6) After the effective date of this UDO, no new or additional vehicle parking spaces may be created between the front façade of an existing or new structure and the primary street frontage of the lot unless otherwise permitted by the zoning administrator. 4 d. LOTS ABUTTING R1 AND R2 DISTRICTS, OTHER THAN AT A PUBLIC STREET LINE: 1) When a building exceeds 25 feet in height the setback from the R1 or R2 property shall be no less than equal to the height of the building, unless the building steps down to no greater than 25 feet on the side abutting the R1 or R2 zone. 2) A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall be provided which meets the following provisions: A. The buffer strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. B. The buffer strip shall contain an opaque fence, which is at least four feet in height. A. The City Council may approve an alternative screening device design, provided it is in harmony with the residential neighborhood and provides a similar level of screening to an opaque similar level of screening to an opaque fence. e. BUILDING AND SITE DESIGN. 1) At least 50 percent of the first floor of the front façade of each primary building shall be located not more than ten feet from the front lot line. 2) Each primary structure shall have at least one pedestrian entrance on each façade facing a public right- of-way. 3) Each required pedestrian entrance for a nonresidential use shall open directly to the adjacent sidewalk without requiring pedestrians to pass through a lobby area, garage, parking lot, or a non-pedestrian area located between the building entrance and the entrance to individual ground floor nonresidential establishments in the building. 4) At least 50 percent of each building façade facing a street, park, plaza, or other public space (not including areas occupied by doors or windows), shall be faced in brick, stone, cultured stone, real stucco, or other material of equivalent visual attractiveness, quality, and durability as determined by the Zoning Administrator. 5) Each ground floor façade for a nonresidential use facing a public right-of-way shall have transparent windows or other transparent glazed areas covering at least 50 percent of the ground floor façade area between three and eight feet above sidewalk grade. Required glazed areas shall have a visible light transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass windows. f. STREETS AND PUBLIC SPACE. 1) Should new blocks be established, blocks shall be between 300 and 500 feet in length 5 and shall have a block perimeter no greater than 2,000 feet. 2) Bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle parking. 3) Attractive public gathering/seating areas, quality streetscaping, and space for outdoor seating shall be integrated into the site design. 4) A six-foot minimum clear width shall be maintained on all walkways 5) Public spaces shall be designed to promote social interaction, leisure opportunities, public gathering and activities, and/or to create focal points and activity nodes within development. Article II. Brooklyn Center City Code, Chapter 35, Section 35-2302 MX-N2 – NEIGHBORHOOD MIXED-USE is amended by adding the following double-underlined language and deleting the stricken language: Section 35-2302. MX-N2 – NEIGHBORHOOD MIXED-USE a. PURPOSE. The purpose of the MX-N2 (Neighborhood Mixed-Use) district is to accommodates small-scale, mixed-use neighborhood activity centers with comfortable gathering places, located and scaled to provide minor/convenience services near low density residential neighborhoods. Requirements for this zoning district avoid strip development patterns and the creation of destination retail or business uses serving areas beyond the immediate neighborhood. Allowed uses are shown in Section 35-4200 – Allowed Use Table. 6 b. MX-N2 DIMENSIONAL STANDARDS Building Setbacks A Front build-to line (min-max) 5-20 feet on primary and secondary street frontage B Side building setback (minimum) 10 feet C Rear building setback (minimum) 10 feet D Minimum lot size N/A Accessory Structure setback, Interior side or rear (minimum) 5 feet Other Standards E Structure height (maximum) 48 feet Density 15-31 Units/acre Accessory Structure height (maximum) 20 feet Maximum size of individual non-residential retail use 10,000 Square Feet c. GENERAL REGULATIONS 1) Complete detailed dimensional standards are located in Section 35-5000 – Development Standards and Incentives. 7 2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator. 3) The required total minimum land area may be reduced 500 square feet for each required parking stall constructed completely underground, or otherwise provided in an integrated parking structure. 4) Permitted Encroachments into the regular setbacks are listed in Section 35-5100 of this UDO. 5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for the purpose of this Unified Development Ordinance, be considered side-interior lot lines, and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards. d. BUILDING AND SITE DESIGN. 1) At least 50 percent of the first floor of the front façade of each primary building shall be located not more than ten feet from the front lot line. 2) Each primary structure shall have at least one pedestrian entrance on each façade facing a public right- of-way. 3) Each required pedestrian entrance for a nonresidential use shall open directly to the adjacent sidewalk without requiring pedestrians to pass through a lobby area, garage, parking lot, or a non-pedestrian area located between the building entrance and the entrance to individual ground floor nonresidential establishments in the building. 4) At least 50 percent of each building façade facing a street, park, plaza, or other public space (not including areas occupied by doors or windows), shall be faced in brick, stone, cultured stone, real stucco, or other material of equivalent visual attractiveness, quality, and durability as determined by the Zoning Administrator. 5) Each ground floor façade for a nonresidential use facing a public right-of-way shall have transparent windows or other transparent glazed areas covering at least 50 percent of the ground floor façade area between three and eight feet above sidewalk grade. Required glazed areas shall have a visible light transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass windows. 6) After the effective date of this UDO, no new or additional vehicle parking spaces may be created between the front façade of an existing or new structure and the primary street frontage of the lot unless otherwise permitted by the zoning administrator. 8 e. LOTS ABUTTING R1 AND R2 DISTRICTS, OTHER THAN AT A PUBLIC STREET LINE: 1) When a building exceeds 25 feet in height the setback from the R1 or R2 property shall be no less than equal to the height of the building, unless the building steps down to no greater than 25 feet on the side abutting the R1 or R2 zone. 2) A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall be provided which meets the following provisions: A. The buffer strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. B. The buffer strip shall contain an opaque fence, which is at least four feet in height. C. The City Council May approve an alternative screening device design, provided it is in harmony with the residential neighborhood and provides a similar level of screening to an opaque similar level of screening to an opaque fence. f. STREETS AND PUBLIC SPACE. 1) Should new blocks be established, blocks shall be between 300 and 500 feet in length and shall have a block perimeter no greater than 2,000 feet. 2) Bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle parking. 3) Attractive public gathering/seating areas, quality streetscaping, and space for outdoor seating shall be integrated into the site design. 4) A six-foot minimum clear width shall be maintained on all walkways 5) Public spaces shall be designed to promote social interaction, leisure opportunities, public gathering and activities, and/or to create focal points and activity nodes within development. Article III. Brooklyn Center City Code, Chapter 35, Section 35-5100 Dimensional Standards Summary is amended by adding the following double-underlined language and deleting the stricken language: 9 Dimensional Standards Lot Dimensions (Minimum, only for lots created after the effective date) Zoning Districts R1 R2 R3 R4 R5 MX- N1 MX-N2 MX-C TOD C MX- B I O Lot area (Sq. ft/unit). 9,500 (Interior) 10,500 (Corner) 7,600 (One- family Interior), 8,500 (one- family corner), 5,000 (two- family) 4,000 2,200 1,400 -- -- Minimum 2 Acres Contiguous Parcel For Residential Use 2000 ft perime ter (max) -- -- -- -- Density (Units/acre) 3-5 3-10 5-15 10-25 20-31 15-31 15-31 10-60 31 – 130 -- -- -- -- Maximum size of individual non- residential retail use -- -- -- -- -- 7,500 SF 10,000 SF -- -- -- -- -- -- Primary Dwelling Width and Depth (minimum) 18 18 Lot width (Interior) 75 60 (one- family) 75 (two- family 25 100 100 -- -- 100 -- 100 100 100 -- Lot width (Corner) 90 75 (one- family) 90 (two- family) 25 100 100 -- -- 100 -- 100 100 100 -- Article IV. Severability. Should any section or part of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as a whole or any part other than the part declared invalid. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. 10 Adopted this 10 day of March, 2025. April Graves, Mayor ATTEST: Barb Suciu, City Clerk Date of Publication: March 20, 2025 Effective Date: April 19, 2025 (Strikeout indicates matter to be deleted, double-underline indicates new matter.)