CHAPTER 39
MIXED USE ZONE MU

SECTION:

15-39-1: Purpose And Intent

15-39-2: Application Of Mixed Use Zone

15-39-3: Uses Within A Mixed Use (MU) Zone

15-39-4: General Development Standards

15-39-5: Project Master Plan Requirements

15-39-6: Development Agreement Requirements

15-39-7: Mixed Use (MU) Application And Review Procedure

15-39-8: Uses And Standards Allowed For Mixed Use Zone Projects

15-39-1: PURPOSE AND INTENT:

The purpose of the mixed use (MU) zone is to establish a zoning district to allow the development or redevelopment of land in a manner that requires projects to be designed and planned to provide a mix of uses created by various commercial, entertainment, recreation, open space and a variety of higher density residential styles that creates a quality design and urban community or village feel. The mixed use development standards help to encourage vibrant, active centers by a variety of uses in a pedestrian friendly environment and promote architectural quality in building designs. The scale and intensity of a mixed use development may vary depending on location, types of mixed uses and development theme.

(Ord. 2011-23, 5-3-2011)

15-39-2: APPLICATION OF MIXED USE ZONE:

   A.   The mixed use zone with its regulations is intended to be applied to two (2) types of locations:

      1.   The downtown area of Ogden typically being designed for use as a transit oriented development project; or

      2.   An approved redevelopment district.

   B.   The MU zone shall only be applied to create and maintain mixed use projects that are mixed use in a vertical or horizontal manner. Vertical mixed use projects incorporate different land use types within the same building (e.g., residential, office or retail). Horizontal mixed use projects incorporate different land uses within adjacent buildings on the same site. Both types of mixed use styles in a project are encouraged.

(Ord. 2011-23, 5-3-2011)

15-39-3: USES WITHIN A MIXED USE (MU) ZONE:

   A.   The variety of uses allowed in an MU zone are intended to create a mix of commercial, entertainment, office, personal services, and a variety of residential dwelling land use types that can be developed in a compact design that encourages compatibility of uses. Each mixed use zone application may have a different theme that is identified in the approval process that establishes the type of mixed uses proposed. For redevelopment districts this is identified in the redevelopment plan. A key component is that a mix of land use types (i.e., commercial, office, personal services, entertainment or recreational, and residential) is required either vertically or horizontally in the development. A mixed use development is required to have at least three (3) different land use types with one type being residential. If the mixed use development theme is residential, no one specific residential building type may exceed more than sixty percent (60%) of the residential building types proposed for the project master plan. If the mixed use theme is transit oriented development or commercial, no more than sixty percent (60%) of the total square footage of the buildings may be commercial. The permitted uses of a mixed use zone and design standards shall be those uses and standards specified in the approval process and shall be included in section 15-39-8 of this chapter as permitted uses and standards for the specified development.

   B.   To ensure compatibility of uses, the following uses shall not be permitted in any MU zone:

         Any business with outdoor storage.

         Business with drive-through window service.

         Car wash.

         Convenience store/service station/auto lube and oil centers.

         Drinking establishment/cabaret below or above residential dwellings or within one hundred (100) linear feet of residential dwellings.

         Manufacturing uses.

         Motor vehicle or motor recreational vehicle sales and display.

         Motor vehicle repair and service.

         Recycling centers/recycling collection areas.

         Rehabilitation/treatment, protective housing, transitional housing, or boarding house.

         Sexually oriented businesses.

         Short term loan businesses.

         Single-family detached dwelling on lots over three thousand (3,000) square feet.

         Single retail unit space over forty thousand (40,000) square feet.

         Warehousing as the main use.

   C.   The MU zone is a mixture of uses with no one land use type being a constant dominant or prevailing use. Since the land uses allowed are determined by the project master plan and development agreement with mixtures of land use types dependent upon location and type of project being developed, the MU zone shall not be considered as a commercial or a manufacturing zone for the purpose of consideration of off premises signage location under state law.

(Ord. 2011-23, 5-3-2011; amd. Ord. 2020-24, 6-23-2020)