§ 27-417. Residential mixed use/commercial employment mixed use (RMU/CEMU).

A.

Purpose. To provide for residential and commercial mixed use developments to serve the community and provide flexibility and innovation in layout and development designs. The RMU zoning district is appropriate for the commercial neighborhood, general commercial, mixed use residential and residential attached classifications of the master land use plan. Where only single-family detached development is proposed, the RMU district is appropriate in a residential detached master land use plan classification. The CEMU district is appropriate in the mixed use employment, commercial neighborhood, general commercial classifications of the master land use plan.

B.

Minimum development size. Mixed use development sites shall be two (2) acres in size unless two (2) or more of the following conditions are met:

1.

The proposed mixed use development site is consistent with the City of Fort Smith's Comprehensive Plan and Master Land Use Plan;

2.

The site is contiguous to or across the street from a location that has already been developed as a mixed use project pursuant to the Unified Development Ordinance regulations. As such, the expansion of the mixed use development would contribute to the maintenance of the amenities and land values of the neighboring properties;

3.

The site is contiguous or across the street from property that has already been developed for commercial purposes and would not create conditions leading to strip (linear) commercial uses or encroachment into an established residential area; or

4.

The land use would not impose any adverse impacts on the public facilities, utilities, transportation, or storm drainage systems of adjoining properties.

C.

Permitted uses.

1.

Permitted uses and development patterns shall be established in the development plan and approved in the ordinance governing the creation of the district. Permitted uses and development patterns shall be in compliance with the purpose statement in subsection 27-417(A), above.

2.

Specific uses include land uses designated as permitted, accessory, or conditional uses in any of the single-family, multifamily, or commercial districts unless otherwise limited by these regulations. The planning commission may recommend and the board of directors approve limitations, restrictions, or exclusions of any specific land use, structure, or building type that is not in conformance with the area surrounding the district or subsection 27-417(A), above.

3.

Residential mixed use districts shall include a minimum of sixty (60) percent of the overall development, as measured by the gross floor area, in residential uses.

4.

Commercial/employment mixed use districts shall include a minimum of sixty (60) percent of the overall development, as measured by gross floor area, in commercial/office uses.

5.

In the commercial/employment mixed use districts, institutional, cultural, entertainment, and recreational uses may be used on a one (1) to one (1) basis to reduce the commercial/office required minimum floor area by up to twenty-five (25) percent.

D.

Design guidelines. All mixed use developments shall conform to the design guidelines of article 27-600 et seq.

E.

Minimum lot area, residential density, yard setback requirements, and height.

1.

Minimum lot area. Minimum lot areas shall be established within the individual mixed use districts through the approval of the development plan. Residential lots at the perimeter of the district must be within twenty (20) percent of the size of abutting residential lots unless they are separated by an arterial or higher classification roadway.

2.

Residential densities.

a.

Residential densities shall be established within the individual mixed use districts through the approval of the development plan. Residential densities shall not exceed thirty (30) dwelling units per acre.

b.

Perimeter residential densities shall be within ten (10) percent of adjoining residential densities unless the adjoining lots are separated by an arterial or higher classification roadway.

3.

Yard setback requirements.

a.

Residential. All buildings and structures shall be set back from any public or private street or road right-of-way lines.

1.

Front yard setback. There shall be a minimum front yard setback of fifteen (15) feet from any public or private street or road right-of-way line.

2.

Side and rear yard setbacks. Side and rear yards for buildings or structures shall be:

a.

Ten (10) feet where the building or structure is no more than three (3) stories high.

b.

Ten (10) feet plus one (1) additional foot for each additional foot of height of a building or structure over three (3) stories.

b.

Commercial. Commercial and office setbacks shall be established in the individual mixed use districts through the approval of the development plan.

4.

Height. The height of all buildings shall be established in the individual mixed use districts through the approval of the development plan.

F.

Parking. Parking shall be provided pursuant to the requirements of article 27-600.

1.

Parking shall not be located in landscaped areas adjacent to the sidewalk or within the front yard setbacks of any lot.

2.

Where buildings have more than one (1) category of land use, the number of spaces required shall be eighty (80) percent of the sum of the required spaces for each category of land use.

G.

Open space.

1.

At least twenty (20) percent of the land included in the total project area shall be set aside as permanent and usable open space.

2.

The open space shall be maintained by a homeowners' association or under other appropriate ownership as approved by the city.

H.

Approval process. Residential mixed use and commercial/employment mixed use rezoning requests shall be processed through section 27-329 rezoning—planned district procedures. The following review criteria apply to the layout and design of the development and shall be considered in addition to the criteria contained in section 27-329:

1.

The proposed development allows a diversity of surrounding land uses which are in close proximity to each other within a limited area.

2.

The proposed development preserves the overall character of the area.

3.

The proposed development promotes a balance of land uses.

4.

The proposed development promotes the opportunity for people to work, meet, shop, and use services in the vicinity of their residences.

5.

The proposed development provides opportunities for the development of housing.

6.

The proposed development provides opportunities for a mixture of uses within the same building.

7.

The proposed development promotes a pedestrian friendly environment.

8.

The proposed development facilitates integrated physical designs.

9.

The proposed development promotes a high level of design quality in conformance with the fort smith design guidelines of section 27-620 et seq.

10.

The proposed development encourages the development of flexible space for small and emerging businesses.

11.

The proposed development is responsive to current and future market demands and conditions.

(Ord. No. 70-11, § 2, 9-6-11; Ord. No. 16-12, § 2, 2-21-12)