11-2-8: MIXED USE DESIGN STANDARDS:
   A.   Applicability:
      1.   Mixed Use zone designation design standards shall apply to all properties with a Mixed Use Type I (MU-1) or Type II (MU-2) zone designation. These standards shall apply to all new construction and renovations of the existing structures which shall include either a residential, a non-residential or combination of uses excepting those project types specifically exempted.
      2.   The following project types shall be exempted from design standards detailed in this section:
         a.   Interior remodels of the same use;
         b.   Normal or routine maintenance and repair of buildings, ancillary structures, parking lots, and pedestrian areas;
         c.   Any type of construction that does not require a building permit;
         d.   Temporary structures as allowed per zoning code, and emergency structures; and
         e.   Wholly residential structures of five dwelling units or less within one residential building on one lot.
   B.   Design Goals:
      1.   The design proposed by the developer must be demonstrated to incorporate design elements which meet all of the following objectives:
         a.   The ground floor promotes a sense of interaction between activities in the building and activities in the near community.
         b.   To have street facing and front building facades that create a clear and distinct breakup of the mass. This goal applies to all buildings of all heights and number of stories.
         c.   On sites where two or more buildings are located on the same project site, the buildings shall be designed with variation between building setbacks and/or placement to create variation and reduce repetitive streetscapes.
         d.   To have cohesive architectural elements into the ground floor street facing, front building facades, secondary streets, etc.
         e.   To create safe, friendly, and more intimate gathering zones in common open spaces.
         f.   To include landscaping and lighting throughout the building site to build architectural cohesiveness to the surrounding community.
         g.   To provide for compatible building and site design at an appropriate neighborhood scale.
         h.   To provide direct and convenient access to schools, parks, and neighborhood services.
         i.   To provide both formal and informal community gathering places and connections to neighborhoods and other employment areas. The Mixed Use zone should encourage walking as an alternative to driving, and provide more employment and housing options.
   C.   Design Requirements:
      1.   Landscaping, lighting, off-street parking and loading, and site plan shall be provided in accordance with Hayden City Code § 11-4. Signs shall comply with the provisions of Hayden City Code § 11-5.
      2.   For those properties within 300' of an existing signalized intersection or future intersection which is identified as a controlled intersection (i.e. interchange, signalized, or roundabout) in the Capital Improvement Plan of the adopted Transportation Strategic Plan, a minimum of 10% of the project's ground floor area must be developed and maintained as a commercial use.
         a.    That commercial building space may be separate from or included as part of a residential structure within a portion of the ground floor.
         b.   For those project sites which have more than one zone designation, the commercial use calculation shall be from those structures within the Mixed Use Zone Designation.
      3.   The following requirements apply to structures with both residential and commercial uses:
         a.   Mixed use buildings may have commercial uses on all stories, but in the case where a Commercial use is required by 11-2-8(C)(2) this commercial use must be on the ground floor and is not replaced by commercial use in another location of the building unless approved by the Planning and Zoning Commission at a regularly scheduled public meeting. The Commission shall determine if the request meets the design goals of the mixed use zone.
         b.   For those structures where the primary use is a commercial use, the structure could have less than four apartments within the mixed use structure.
      4.   For those structures located where the site is either a secondary lot (one with less than 50' of street frontage or the residential component of the site is set back 150 feet or more from the frontage road), no ground floor commercial use shall be required. Parking and associated residential accessory uses for the residential component of the site must be setback 150' within the secondary use and/or lot area to meet this requirement.
      5.   Those structures with multi-family dwelling units shall be a maximum of two stories when the adjacent zone designation is mixed residential or single-family residential. Setbacks to the structure taller than two stories shall be determined by a 1' horizontal to 1' vertical ratio (45° to the vertical) as shown by line A. No portion of the third story may be within this area abutting the adjacent zone designation of mixed residential or single-family residential.
      6.   A minimum of 90 cubic feet of private storage space shall be provided for each dwelling unit outside of such unit, unless a private attached garage serving only the unit is provided; such storage space shall be fully enclosed and lockable.
      7.   All roof-mounted equipment shall not be visible from any abutting lot or any street, except solar energy equipment. This shall be accomplished in a manner that is architecturally integrated with the main building.
      8.   A joint commercial/office/residential owner's association (POA) recorded declaration of conditions, covenants, and restrictions (CC&Rs) and/or recorded common area maintenance (CAM) agreement is required for all mixed use developments. The required CC&Rs or CAM shall address the assignment of required parking spaces and the identification of maintenance responsibilities.
      9.   New developments require the construction of usable private and/or common open space which shall be subject to site plan review. Examples of these spaces may include, but are not limited to the following:
         a.    Common open space: Playgrounds, clubhouse, recreation rooms, pools/spas, community gardens, picnic areas, gazebos, landscaped areas with paths, water features, sports courts, dog park, natural open space area, etc.
         b.    Private open space: Fenced yards, patios, decks, balconies, etc.
      10.   Density Allowances: In all cases, all other design standards shall be required. The transportation impact analysis and the sewer master plan analysis shall address the increased number of units as proposed in accordance with the model analysis for this zone.
         a.   The base allowance of 12 dwelling units per acre, may be increased by one dwelling unit per acre for each additional common open space amenity provided in the complex up to a maximum number of 15 dwelling units per acre.
         b.   Alternatively, the base allowance of 12 dwelling units per acre, may be increased by 2 dwelling units per acre if the site is completely screened with a Type I landscaping buffer along the perimeter of the site and the site is either a secondary lot (one with less than 50' of street frontage) or the residential component of the site is set back 150 feet or more from the frontage road.
         c.   Total density may be calculated by either A or B above, or a combination of both but may not exceed a total density of more than 15 dwelling units per acre.
Examples of Density Increases for 10. (A-C)
Dwelling Units/Acre
Number of Dwelling Units
Examples of Density Increases for 10. (A-C)
Dwelling Units/Acre
Number of Dwelling Units
A)   Example: 5 acre site
Patio, deck, and/or balcony
12
Less than or equal to 60
Add a playground
13
Less than or equal to 65
Add a playground and gazebo
14
Less than or equal to 70
Add a playground, gazebo and garden
15
Less than or equal to 75
B)   Example: 3 acre site; secondary lot
Patio, deck, and/or balcony
12
Less than or equal to 36
Add a Type I landscaping buffer
14
Less than or equal to 42
C)   Example: 4 acre site; multi-family is located 175' from frontage road
Patio, deck, and/or balcony
12
Less than or equal to 48
Add a Type I landscape buffer
14
Less than or equal to 56
Add a Type I landscape buffer and a playground
15
Less than or equal to 60
Add a Type I landscape buffer and a playground, gazebo, & sport court
15
Less than or equal to 60
 
      11.   For those properties within the Mixed Use zone, and also within the Central Business District or the Neighborhood Commercial Node Overlay Districts, these standards must be met in conjunction with the those found in Hayden City Code §11-2-6 and 11-2-7 respectively.
   D.   Permit Review Process:
      1.   Application Requirements: A complete building permit, site plan, and narrative to address the requirements of this section and the City Code. Said application shall list all design elements which are incorporated into the project design to address each of the applicable design criteria, as detailed above.
      2.   Process: Administrative design review is completed by City staff concurrently with the site plan and building plan reviews.
      3.   Standards of Approval:
         a.   The proposal incorporates all design requirements according to Hayden City Code 11-2-8(C); and
         b.   The applicant has demonstrated the proposal addresses each of the applicable design goals according to Hayden City Code 11-2-8(B).
      4.   Decision:
         a.   Upon granting or denying an application, the City staff shall specify in writing the basis of decision, the reasons for approval or denial, and the actions, if any, the applicant could take to obtain approval.
         b.   An affected party may appeal the decision to the City Council following the guidance in Hayden City Code. (Ord. 624, 10-12-2021; amd. Ord. 633, 6-14-2022)