§ 158.023.04 MIXED-USE DISTRICT (MUD).
   (A)   The intent of the Mixed-Use District (MUD) is to create opportunities to increase development intensity within targeted area. Shifting from more traditional neighborhoods toward a mix of commercial and residential uses, Mixed-Use Districts define the uses of land and character of the improvements to promote compatibility between residential and nonresidential uses. These districts also are intended to encourage redevelopment of underutilized parcels and infill development. The mixed-use districts specifically are intended to:
      (1)   Concentrate higher-density residential development, commercial and office employment efficiently in and around the major interchanges, employment centers, and other designated centers of activity;
      (2)   Encourage mixed-use in a broad sense by promoting urban, suburban and village development that blends a combination of residential, commercial, cultural, institutional or industrial uses whose functions are physically integrated and provide both vehicular and pedestrian connectivity;
      (3)   Introduce new housing types geared to attract what Chapter 4 of the City of Bethany Comprehensive Plan refers to as the "missing middle" households;
      (4)   Expand commercial space capacity; and
      (5)   Ensure that development in mixed-use areas is of high quality and provides walkable, livable, vibrant environments, which provide interest through use of varied forms, materials, details, and colors, especially at the ground floor and second story.
   (B)   Performance standards. Development shall conform to the standards established in this code.
      (1)   Refer to any applicable overlay zone district and/or corridor design standards and guidelines.
      (2)   Loading/service areas. Loading docks and trash or other service areas shall be located only in the side or rear yards.
      (3)   Vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. No person shall occupy, maintain or allow any use in a MUD development without continuously meeting the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional use permits for uses in this district may establish higher standards and conditions.
   (C)   Vibration. Except during construction or as authorized by the city, an activity or operation which causes any perceptible vibration of the earth to an ordinary person on any other lot or parcel shall not be permitted.
   (D)   Noise. The owner and occupant shall regulate uses and activities on the property so that sound never exceeds 65 decibels at any point on the property line.
   (E)   Glare. Lights, spotlights, high temperature processes or otherwise, whether direct or reflected, shall not be visible from any lot, parcel or right-of-way.
   (F)   Solid and liquid waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.
   (G)   Hazardous materials. Information and materials to be used or located on the site whether on a full-time or part-time basis. Information regarding the activity or at the time of any change of use or expansion, even for existing uses, shall be provided to the Director.
      (1)   Outdoor storage and display. Outdoor storage shall only be located in the rear half of the lot. Permanent display areas may be located beside or behind the principal structure. For lots with double or triple frontage the side and rear yards that are to be used for permanent display areas shall be established with site plan approval. Portable display of retail merchandise may be permitted.
(Ord. 1974, passed 8-6-19)