§ 33-284.99.42. Uses.

Except as provided herein, all permitted, conditionally permitted, and temporary uses within the MCUCD shall comply with Section 33-284.83 of this Code.

A.

Permitted uses. In addition to the uses provided in Section 33-284.83, the following shall be permitted:

1.

In the Mixed-Use Corridor Special (MCS) area, all uses permitted in the Mixed-Use Corridor (MC) category and the following uses:

(a)

Automobile and truck services and facilities including:

(1)

Open lot car and truck sales new or used, including, as ancillary uses, automobile repairs, body and top work and painting, provided that no more than fifteen (15) percent of the gross building area is devoted to such ancillary uses, and subject to the following conditions:

a.

That attention attractive devices, such as blinking or flashing lights, streamer lights, pennants, banners, streamers and all fluttering, spinning advertising devices (either mobile or stationary) are prohibited.

b.

That outdoor lighting shall be designed to avoid spilling beyond the site boundaries.

c.

That no vehicular test drives shall be conducted on residential local traffic streets (fifty-foot right-of-way or less).

d.

That the applicant obtains a certificate of use, which shall be automatically renewable yearly upon compliance with all terms and conditions.

e.

All outdoor paging or speaker systems are expressly prohibited. This provision shall also apply to all establishments in existence as of September 10, 1996.

(2)

Open lot car rental.

(3)

Automobile parts, secondhand from store building only.

(4)

Automobile body and top work and painting.

(b)

Engines, steam and oil; sales and service.

(c)

Garage or mechanical service, including automobile repairs, body and top work and painting. All outdoor paging or speaker systems are expressly prohibited. This provision shall also apply to all establishments in existence as of September 10, 1996.

(d)

Glass installation.

(e)

Tire vulcanizing and retreading or sale of used tires.

(f)

Truck storage, only within an enclosed building or an area enclosed by a CBS wall.

(g)

Automobile washing.

(h)

Self-service mini-warehouse storage facility in compliance with Section 33-255(23.1) of this Code.

2.

In the Industrial District (ID) area, the following uses:

(a)

Mixed-Use Corridor uses at maximum residential densities shown on the Density Regulating Plan in Section 33-284.99.43 of this Code.

3.

In the Mixed-Use Corridor (MC) area, the following uses:

(a)

Grocery stores with a minimum size of 25,000 square feet shall not be subject to any minimum height or minimum floor area ratio requirements set forth in this chapter.

(b)

On lots adjoining Northwest 22nd Avenue between Northwest 54th and 62nd Streets, hand car washes accessory to a permitted retail, food service, or office use shall be permitted subject to the following:

(1)

Parking spaces used for car washing and patrons waiting for car washing shall not occupy parking spaces required for the principal uses on the lot.

(2)

Attention attracting devices, such as blinking or flashing lights, streamer lights, pennants, banners, streamers and all fluttering or spinning advertising devices (either mobile or stationary) are prohibited, except as permitted under point of sale sign regulations.

(3)

All outdoor paging or speaker systems are prohibited.

(4)

The areas used for car washing shall not occupy required landscape areas.

(5)

Street trees and parking lot buffers required by Chapter 18A shall be provided.

B.

Conditionally permitted uses. Notwithstanding the provisions of Section 33-284.83(B), only the following conditional uses shall be permitted, subject to the administrative approval of a site plan pursuant to Section 33-284.88 of this Code:

1.

Liquor package stores only in the Core and Center Sub-districts, and only in compliance with Article X of this Code.

C.

Workforce housing requirement alternative. Notwithstanding the provisions of Section 33-284.83(A)(1), all residential or mixed-use developments within the MCUCD that have more than four (4) residential units shall provide one of the following:

1.

A minimum of 12.5 percent of their units as workforce housing units; or

2.

A minimum of 10 percent of their units as affordable housing units. "Affordable housing unit" means a dwelling unit, the sale, rental, or pricing of which is restricted to households whose income range is up to 80 percent of the most recent median family income for the County reported by the U.S. HUD and maintained by the Department of Planning and Zoning.

D.

Prohibited Uses. Notwithstanding the provisions of 33-284.83(A)(6), 33-13, 33-15, or any other provisions of this Code to the contrary, no junkyard or scrap metal use shall be permitted in the Model City Urban Center District as a new unusual use or special exception. Nothing contained in this article shall be deemed or construed to prohibit a continuation of a legal nonconforming junkyard or scrap metal use in the Model City Urban Center District that either: (1) was existing as of the date of the district boundary change on the property to Model City Urban Center District; or (2) on or before January 1, 2014, had received final site plan approval through a public hearing pursuant to this chapter or through administrative site plan review or had a valid building permit. However, any structure, use, or occupancy in the Model City Urban Center District that is discontinued for a period of at least six months, or is superseded by a lawful use permitted under this chapter, or that incurs damage to an extent of 50 percent or more of its market value, shall be subject to Section 33-284.89.2 of this Code.

(Ord. No. 10-13, § 3, 2-2-10; Ord. No. 14-36, § 1, 4-8-14; Ord. No. 15-28, § 1, 5-5-15; Ord. No. 18-02, § 2, 1-23-18; Ord. No. 18-122, § 2, 10-2-18)