A. Purpose Statement: The purpose of the MU Mixed Use District is to encourage the development of areas as a mix of compatible residential and commercial uses. The district is to provide for limited commercial use opportunities within existing mixed use areas while preserving the attractiveness of the area for residential use. The district is intended to provide a higher level of control over nonresidential uses to ensure that the use and enjoyment of residential properties is not substantially diminished by nonresidential redevelopment. The intent of this district shall be achieved by designating certain nonresidential uses as conditional uses within the Mixed Use District and requiring future development and redevelopment to comply with established standards for compatibility and buffering as set forth in this section. The design standards are intended to facilitate walkable communities that are pedestrian and mass transit oriented while still ensuring adequate automobile access to the site.
B. Permitted Uses: Uses in the MU Mixed Use District as specified in section 21A.33.070, "Table Of Permitted And Conditional Uses For Special Purpose Districts", of this title are permitted subject to the provisions set forth in section 21A.32.010 of this chapter and this section.
C. Planned Development Review: Planned developments, which meet the intent of the ordinance, but not the specific design criteria outlined in the following subsections may be approved by the Planning Commission pursuant to the provisions of chapter 21A.55 of this title.
D. Minimum Lot Area And Width: The minimum lot areas and lot widths required in this district are as follows:
Land Use | Minimum Lot Area | Minimum Lot Width |
Land Use | Minimum Lot Area | Minimum Lot Width |
Mixed use developments, including residential and other uses allowed in the zoning district | No minimum | No minimum |
Multi-family dwellings | No minimum | No minimum |
Municipal service uses, including City utility uses and police and fire stations | 5,000 square feet | 50 feet
|
Natural open space and conservation areas, public and private | No minimum | No minimum |
Nonresidential uses | No minimum | No minimum |
Pedestrian pathways, trails and greenways | No minimum | No minimum |
Places of worship less than 4 acres in size | 5,000 square feet | 50 feet |
Public/private utility transmission wires, lines, pipes, and poles | No minimum | No minimum |
Single-family attached dwellings | 3,000 square feet per dwelling unit1 | Interior: 22 feet Corner: 32 feet |
Single-family detached dwellings | 4,000 square feet | 40 feet |
Twin home | 3,000 square feet per dwelling unit | 20 feet |
Two-family dwellings | 6,000 square feet | 40 feet |
Utility substations and buildings | 5,000 square feet | 50 feet |
Other permitted or conditional uses as listed in section 21A.33.070 of this title | 5,000 square feet | 50 feet |
Qualifying provisions:
1. There is no minimum lot area nor lot width required provided:
a. Parking for units shall be rear loaded and accessed from a common drive shared by all units in a particular development;
b. Driveway access shall connect to the public street in a maximum of 2 locations; and
c. No garages shall face the primary street and front yard parking shall be strictly prohibited.
E. Minimum Yard Area Requirements:
1. Single-Family Detached, Single-Family Attached, Two-Family, and Twin Home Dwellings:
a. Front Yard: Ten feet (10').
b. Corner Side Yard: Ten feet (10').
c. Interior Side Yard:
(1) Corner lots: Four feet (4').
(2) Interior lots:
(A) Single-family attached: No yard is required, however if one is provided it shall not be less than four feet (4').
(B) Single-family detached, two-family and twin home dwellings: Four feet (4') on one side and ten (10) on the other.
d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not be more than twenty feet (20').
2. Multi-Family Dwellings, Including Mixed Use Buildings With Less Than Twenty Five Percent Nonresidential Uses:
a. Front Yard: Ten feet (10') minimum.
b. Corner Side Yard: Ten feet (10').
c. Interior Side Yard: Ten feet (10').
d. Rear Yard: Twenty five percent (25%) of the lot depth, but need not exceed thirty feet (30'), however, if one hundred percent (100%) of the off street parking is provided within the principal building and/or underground, the minimum required rear yard shall be fifteen feet (15').
3. Nonresidential Development, Including Mixed Uses With Greater Than Twenty Five Percent Nonresidential Uses:
a. Front Yard: Ten feet (10') minimum.
b. Corner Side Yard: Ten feet (10').
c. Interior Side Yard: No setback is required.
d. Rear Yard: Twenty five percent (25%) of lot depth, but need not exceed thirty feet (30').
4. Legally Existing Lots: Lots legally existing on the effective date hereof, April 7, 1998, shall be considered legal conforming lots.
5. Additions: For additions to buildings legally existing on the effective date hereof, required yards shall be no greater than the established setback line.
6. Maximum Setback: A maximum setback is required for at least seventy five percent (75%) of the building facade. The maximum setback is twenty feet (20'). Exceptions to this requirement may be authorized through the design review process, subject to the requirements of Chapter 21A.59 of this title, and the review and approval of the planning commission. The planning director, in consultation with the transportation director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk. The planning director may waive this requirement for any addition, expansion, or intensification, which increases the floor area or parking requirement by less than fifty percent (50%) if the planning director finds the following:
a. The architecture of the addition is compatible with the architecture of the original structure or the surrounding architecture.
b. The addition is not part of a series of incremental additions intended to subvert the intent of the ordinance.
Appeal of administrative decision is to the planning commission.
F. Maximum Building Height: The maximum building height shall not exceed forty five feet (45'), except that nonresidential buildings and mixed use buildings shall be limited by subsections F1 and F2 of this section. Buildings taller than forty five feet (45'), up to a maximum of sixty feet (60'), may be authorized through the design review process, subject to the requirements of chapter 21A.59 of this title, provided that the additional height is for residential uses only.
1. Maximum Height For Nonresidential Buildings: Nonresidential buildings shall not exceed thirty feet (30') or two (2) stories, whichever is less.
2. Maximum Height Of Mixed Use Buildings Of Residential And Nonresidential Uses: Mixed use buildings shall not exceed forty five feet (45'). Nonresidential uses in a mixed use building are limited to the first two (2) stories.
G. Minimum Open Space Area: For residential uses and mixed uses containing residential use, not less than twenty percent (20%) of the lot area shall be maintained as open space area. This open space area may take the form of landscaped yards or plazas and courtyards, subject to site plan review approval.
H. Required Landscape Yards: All front and corner side yards shall be maintained as landscape yards.
I. Landscape Buffers: Where a nonresidential or mixed use lot abuts a residential or vacant lot within the MU Mixed Use District or any Residential District, a 10' landscape buffer shall be provided subject to the improvement requirements of Chapter 21A.48 of this title.
J. Nonresidential Use Of A Residential Structure: The conversion and remodeling of a residential structure to a nonresidential use shall be allowed only if the exterior residential character is maintained.
K. New Nonresidential Construction: Construction of a new principal building for a nonresidential use that includes the demolition of a residential structure or located between two (2) existing residential uses on the same block face shall only be approved as a conditional use pursuant to chapter 21A.54 of this title, unless located on an arterial street. (Ord. 12-24, 2024: Ord. 67-22, 2022: Ord. 14-19, 2019: Ord. 13-19, 2019: Ord. 12-17, 2017)