Article 3.4.300 BOOTH-KELLY MIXED-USE PLAN DISTRICT

The minimum development area for major redevelopment or new construction shall be 10 acres.

EXCEPTIONS:

The 10-acre minimum development area does not apply to lots/parcels fronting South “A” Street or the minor expansion of existing structures on existing lots.

The minimum development area may be reduced when the Director determines that the development proposal is in all other respects consistent with this section, the Downtown Refinement Plan and the approved Conceptual Development Plan.

Development Area Plans shall be prepared by a design team comprised of a project architect, engineer and landscape architect, one of whom shall serve as a coordinator. The design team shall certify that the Development Area Plan is in conformance with SDC 5.17.100.

The Development Area Plan shall comply with the following criteria:

The proposed development will create an attractive, safe, efficient, and stable environment within the Development Area.

Proposed buildings, streets and other uses will be designed and sited to ensure preservation of significant on-site vegetation, topographic features, and other unique or valuable natural features, and to prevent soil erosion or flood hazard and mitigate impacts on abutting properties.

(D)

If the Development Area Plan complies with all Site Plan Review standards of this code subsequent permitted uses shall not require additional Site Plan Review.

3.4.315 Conceptual Development Plan.

Major redevelopment and new construction shall be consistent with a Conceptual Development Plan approved by the Planning Commission, unless specified in SDC 3.4.310.

Development shall occur as specified in a Conceptual Development Plan for the entire BKMU Plan District. The Conceptual Development Plan or subsequent plans shall be prepared by a team of design professionals with demonstrated experience in designing large mixed-use developments. The Conceptual Development Plan shall consider the BKMU Plan District’s natural features and amenities, access and circulation needs, the provision of public facilities and services, the development needs of future users and access to arterial and collector streets. Access to the Millrace and Millpond shall be maximized for all properties and land uses within the BKMU Plan District.

The Conceptual Development Plan shall be submitted to the Director, who shall prepare a staff report to the Planning Commission. The Planning Commission shall review the Conceptual Development Plan (a public hearing is not required). The Conceptual Development Plan shall be approved or approved with modifications including affirmative findings of compliance with the Metro Plan, the Downtown Refinement Plan and other applicable plans. The approved Conceptual Development Plan shall be kept on file in the Development Services Department.

Should a subsequent developer wish to depart from the Conceptual Development Plan, a modified Plan shall be developed cooperatively by the City and the subsequent developer, after consultation with representatives of adjacent heavy industrial property. Representatives of existing development in the BKMU Plan District may be consulted regarding proposed modifications at the discretion of the Director. The modified Conceptual Development Plan shall then be reviewed and approved as specified in subsection (B), above.

3.4.320 Schedule of Use Categories.

The following uses are permitted subject to Site Plan Review approval, unless exempted elsewhere in this section. It is expected that interim uses of buildings existing prior to the adoption of this section will take place until redevelopment of the entire BKMU Plan District occurs under an approved Conceptual Development Plan.

The following buildings and uses are permitted in this Plan District as indicated subject to the provisions, additional restrictions and exceptions specified in this code.

“P” = PERMITTED USE subject to the standards of this code.

“S” = SPECIAL DEVELOPMENT STANDARDS subject to cited standards.

“D” = DISCRETIONARY USE subject to review and analysis under Type 3 procedure (SDC 5.9.100) at the Planning Commission or Hearings Official level.

“N” = NOT PERMITTED

SITE PLAN REVIEW IS REQUIRED, unless exempted elsewhere in this code.

Use Categories/Uses	BKMU District
Residential Uses
Multiple-unit housing (SDC 4.7.375—4.7.390)	S
Single room occupancy	P
Income-qualified housing (SDC 4.7.370 and 4.7.405)	S
Conversion from commercial to residential use (SDC 4.7.215)	S
Business and Professional Offices and Personal Services
Accountants, bookkeepers and auditors	P
Advertising/marketing agencies	P
Architects, landscape architects and designers	P
Art studios, fine and performing	P
Art restoration	P
Attorneys	P
Audio/video production studio	P
Authors/composers	P
Bank, credit unions and savings and loans	P
Barber and beauty shops	P
Business schools	P
Catering services	P
Clinics and research/processing laboratories	P
Collection agencies	P
Commodity contract brokers and dealers	P
Computer and information services	P
Child care facilities (See SDC 4.7.340)	S
Dentist	P
Detective and protective agencies	P
Diaper service	P
Doctors	P
Grafting, graphics and copy services	P
Employment agencies	P
Engineers and surveyors	P
Financial planning, investment services	P
Funeral services	P
Graphic art services	P
Gymnastics instruction	P
House cleaning services	P
Insurance carriers, agents, brokers and services	P
Interior decorator and designers	P
Laundry, dry cleaning, including self service, and ironing services	P
Loan companies, other than banks	P
Locksmiths	P
Lumber brokers	P
Mailing services/mail order sales	P
Management and planning consultants	P
Manufactured unit as a temporary construction or general office or sales office	P
Motion picture studio/distribution	P
Newspaper office and production	P
Non-profit organizations	P
Opticians	P
Performing arts instruction	P
Photocopying	P
Photography studios	P
Planners, land use	P
Printing/publishing	P
Private investigator	P
Psychologists and counselors	P
Real estate sales and management	P
Scientific and educational research	P
Security systems services	P
Self-defense studio	P
Shoe repair	P
Stenographers and secretarial services	P
Stockbrokers	P
Swimming pool cleaning	P
Tailors	P
Tanning salons	P
Telephone answering services	P
Title companies	P
Travel agencies	P
TV and radio broadcasting studios	P
Typing services	P
Window cleaning	P
Certain Wireless Telecommunications Systems Facilities	See SDC 4.3.145
Eating and Drinking Establishments
Cocktail lounges	P
Delicatessens	P
Sit down restaurants	P
Taverns	P
Recreational Facilities (SDC 4.7.205)
Amusement park	P
Arcades	P
Art studios, fine and performing	P
Athletic field	P
Auditoriums	S
Batting cages	S
Bingo parlors	P
Bowling alleys	P
Dance halls	S
Exercise studios	P
Exhibition hall	P
Golf driving range	P
Gyms and athletic clubs	P
Hot tub establishments	P
Hydrotubes	S
Miniature auto race track	P
Miniature golf	P
Movie theaters, indoor	P
Movie theaters, drive-in	S
Non-alcoholic nightclubs	P
Off-track betting facility	P
Parks, private and public	P
Play/tot lot	P
Playground	P
Pool halls	P
Recreation center	P
Riding stable	P
Shooting range	S
Skating rinks	S
Stadiums	S
Swimming pools	P
Tennis. Racquetball and handball courts	P
Theater, legitimate	P
Velodromes	S
Water skiing facilities	P
Retail Sales
Antiques	P
Apparel	P
Art galleries and museums	P
Art supplies	P
Auction/flea markets	P
Automobiles (SDC 4.7.115)	S
Bakeries	P
Bicycles	P
Boats (SDC 4.7.115)	S
Books	P
Camera and photographic supplies	P
Campers	N
Candy, nuts and confectionery	P
China, glassware and metal ware stores	P
Cigars and cigarettes	P
Computers, calculators and other office machines	P
Convenience stores	P
Dairy products	P
Department stores	P
Drapery, curtains and upholstery	P
Dry goods, and general merchandise	P
Electrical supplies	P
Equipment rental and leasing	P
Fabrics and accessories	P
Factory Outlet stores	P
Farm equipment	P
Feed, grain and hay stores	P
Film drop-off and pick-up	P
Fish	P
Floor coverings	P
Florists	P
Fruits and vegetables	P
Furniture	P
Furriers	P
Groceries	P
Hardware	P
Hobby supplies	P
Household appliances	P
Jewelry	P
Liquidation Outlets	P
Luggage and leather	P
Magazines and newspapers	P
Mail order houses	P
Manufactured (mobile) / modular homes	P
Meats	P
Medical and dental supplies	P
Musical instruments and supplies	P
Novelties and gifts	P
Office equipment	P
Paint, glass and wallpaper	P
Pharmacies	P
Pottery	P
Radios, televisions and stereos	P
RVs, fifth wheelers and trailers (SDC 4.7.115)	P
Sewing machines	P
Shoes	P
Small electrical appliances	P
Sporting goods	P
Stationary stores	P
Supermarkets	P
Toys	P
Transient merchants	P
Weapons dealers	P
Social and Public Institutions
Charitable services	P
Community and senior centers	P
Educational branch facilities	P
Fraternal and civic organizations	P
Labor unions	P
Public offices	P
Transient Accommodations
Emergency shelter / facilities	P
Hotels	P
Motels	P
RV parks	P
Youth hostels	P
Transportation Facilities (SDC 4.7.240)
Docks and marinas	D
Heliports	S
Helistops	S
Linear park	P
Train stations	S
Transit stations	D
Warehouse Commercial Retail and Wholesale Sales
Cold storage lockers	D
Electrical supplies	P
Floor covering sales	P
Large electrical appliance sales	P
Lumber yards and building materials	D
Merchandise vending machine operators	P
Mini warehouses, other inside storage	P
Outdoor storage areas/yards	P
Plumbing and heating supplies and contractors	P
Unfinished furniture	P
Warehouse/commercial uses engaged primarily in the wholesaling of materials to the construction industry (SDC 3.4.330)	P
Wholesale trade, warehousing, distribution and storage	P
Manufacture and/or Assembly of:
Appliance	P
Apparel and other finished products made from canvas, cloth, fabrics, feathers, felt, leather, textiles, wool, yarn and similar materials	P
Chemical and chemical products	P
Communication equipment, including radio and television equipment	P
Compounding, or treatment of the following previously prepared materials: bone, cellophane, clay, cork, Fiberglas, glass, hair, horns, metal, paper, plastics, shells, stones, synthetic resins, textiles, tobacco, wool and yarns.	P
Concrete blocks. Cinder blocks and septic tanks	P
Costume jewelry, novelties, buttons and misc. notions	P
Cutlery, hand tools and hardware	P
Dairy products, including butter, cream, cheese, milk, yogurt	P
Electronic components and accessories	P
Electronic transmissions and distribution equipment	P
Engineering, laboratory, scientific and research instruments	P
Finished wood manufacturing and assembly, including cabinets, door frames and picture frames	P
Food processing and packaging to include candy and other confectionary products, vegetables, meat, poultry and seafood	P
Furniture, including restoration	P
Greeting cards, business forms and other business related printing	P
Industrial machinery	P
Lumber, wood and paper products	P
Manufactured/modular housing and allied components	P
Measuring, analyzing and controlling instruments	P
Medical, dental and surgical equipment and supplies	P
Medicinal chemicals and pharmaceutical products	P
Metal and metal alloy products	P
Metal fabrication machine shops	P
Musical instruments	P
Office computing and accounting equipment	P
Optical instruments, including lenses	P
Paints, varnishes, lacquers, enamels and allied products	P
Prosthetic and orthopedic devices	P
Perfumes and toiletries	P
Photographic equipment and supplies	P
Signs and advertising display	P
Toys, sporting and athletic goods	P
Transportation equipment including airplanes, auto, boats, buses, helicopters, motorcycles, railroad cars, RVs, trailers and trucks	P
Watches, clocks and related components	P
Other Primary Industrial Uses
Business, labor, scientific and professional organizations	P
Cleaning and dyeing plants	P
Ice and cold storage plants	P
Lubricating oils and greases	P
Media productions, including TV and radio broadcasting, motion picture production and newspaper/books/periodical publishing	P
Plating, and coating works	P
Regional distribution headquarters	P
Research development and testing laboratories and facilities	P
Recycling facilities	P
Warehouse/commercial uses engage primarily in the wholesaling of materials to the construction industry (SDC 3.4.330)	P
Transportation Related, Non-Manufacturing
Automotive and heavy equipment repair and service including the recapping and retreading of tires	P
Maintenance facilities for passenger bus vehicles or motor freight vehicles	P
Education
College level education facilities	P
Trade schools	P
Public and Private Parks (SDC 3.4.330)
Pocket/neighborhood parks	P
Community parks	P
Public Utility Facilities
Communications towers, transmitters and relays	D
High impact facilities (SDC 4.7.160)	S
Low impact facilities	P
Fish hatcheries	P

(6412; 6443; Ord. No. 6482, 7/1/2024)

3.4.325 Base Zone Development Standards.

Lot Area, Dimensions, and Coverage. The minimum lot or parcel size in the BKMU Plan District is 6,000 square feet for residential and commercial uses and 10,000 square feet for industrial uses. No land division is permitted prior to approval of a Conceptual Development Plan for the BKMU Plan District. The Director may waive the requirement that buildable City lots/parcels have frontage on a public street as specified in SDC 4.2.120(A).

Setbacks.

Landscaped setbacks from the exterior boundaries of the BKMU Plan District and setbacks abutting existing and future public or private rights-of-way dedicated on the approved Conceptual Development Plan must be 10 feet for buildings and 5 feet for parking and driveways. Zero lot line structures are permitted.

Where an easement is larger than the required setback standard, no building or above grade structure, except a fence, may be built upon or over that easement.

Height.

There are no building height standards in the BKMU Plan District unless abutting an R-2 use. In this case, the following building height limitation applies:

3.4.330 Booth Kelly Mixed-Use Development Standards—Specific.

When abutting an R-2 use, the building height limitation must be no greater than that permitted in R-2 use for a distance of 50 feet.

(3)

Incidental equipment may exceed the height standards if no additional floor space exceeding that necessary for the equipment is provided.

(6443; Ord. No. 6482, 7/1/2024)

Residential Uses.

In the BKMU Plan District, residential uses must be encouraged as second story uses above commercial and industrial uses and must not occupy more than 35 percent of the land area within the BKMU Plan District. All R-2 development standards specified in SDC 3.2.200 apply.

Commercial Uses.

Warehouse Commercial Retail and Wholesale.

(a)

Buildings must be located to minimize the visibility of outdoor storage yards or areas.

(b)

Outdoor storage yards must only be permitted as a secondary use.

(c)

Any outdoor storage yard or area must be surrounded by a sight obscuring fence.

Light-Medium Industrial and Warehousing. For warehouse-commercial use, at least 50 percent of the structure is used for storage of materials and 50 percent or less may be used for combined retail and office floor space.

Standards for Public and Private Parks.