The mixed-use district (MXD) is generally intended to further and promote the tenants of the cities' master plans and comprehensive plan. The district is a commercial zoning classification that requires a vertical mix of commercial and residential uses within the same building(s) on multiple floors. The district is intended to accommodate a physical pattern of development often found in high traffic activity areas, along major streets and especially at intersections of major thoroughfares, and in neighborhood commercial areas of older cities. The district, where appropriately located, will accommodate mixed-use buildings with activity center retail, service, and other commercial uses on the ground and lower floor(s), and residential units above those nonresidential space(s); as well as encourage development that exhibits the physical design characteristics of pedestrian-oriented, store front-style shopping; and promote the health and well-being of residents by encouraging physical activity and greater social interaction.
(Ordinance 978, § 2(Exh. A), adopted 11/21/2017)
As used in this zoning district, the following words and terms shall have the meanings specified herein:
Floor area ratio
means the ratio of a building's gross floor area to the area of the lot on which the building is located.
Gross floor area
is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.
Mixed-use building
means a building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses.
(Ordinance 978, § 2(Exh. A, § 1), adopted 11/21/2017)
Those uses and accessory uses listed in the CBD-1, CBD-2, CC, and NC districts [are allowed], except as specifically restricted herein. Also, the following uses are allowed in "MXD" zoning districts in accordance with the use table of this section.
USE GROUP
Zoning District
Use Category
MXD
Specific Use Type
P = permitted by right N = not allowed C = conditional use
Household Living (Non-commercial)
Artist Live/Work Space located above the ground floor
P
Artist Live/Work Space, ground floor
C
Dwelling Units located above the ground floor
P
Multi-family (3+ units) Residential
P
Institutional Living (Commercial)
Assisted Living
C
Group Home
P
Nursing Home
C
Civic and Institutional
Colleges and Universities
P
Cultural Exhibits and Libraries
P
Day Care
P
Hospital
N
Lodge or Private Club
N
Parks and Recreation
C
Postal Service
P
Public Safety Services
P
Religious Assembly
C
School
C
Utilities and Services, Minor
P
Utilities and Services, Major
N
Commercial
Adult Oriented/SOBs
N
Animal Services
 
Shelter/Boarding Kennel
N
Grooming
P
Veterinary (with no overnight services)
P
Artist Work or Sales Space
P
Drive-Through Facility
N
Eating and Drinking Establishments
 
Dine-in restaurant
P
Tavern
P
Brew Pub (with fewer than 2,500 barrels-worth sold on site, per year)
P
Theatre/Live Music/Movie Venue
 
Small (1-149 seats)
P
Medium (150-999 seats)
P
Large (1,000+ seats)
C
Financial Services
P
Food and Beverage Retail Sales
P
Gas Stations
N
Lodging
 
Small (1-16 guest rooms)
P
Large (17+ guest rooms)
C
Medical Service (no overnight care)
P
Office
P
Parking, Commercial (Non-accessory to residential)
P
Personal Service, including health clubs and gyms
P
Repair Service, Consumer, including bicycles
P
Personal/Mini-Storage Warehouse
N
Retail Sales, General products/sundries
P
Vehicle Sales, Service, and Repair (Indoor only)
C
Other
Wireless Communication Facilities
 
Co-located
P
Freestanding (Towers)
C
(Ordinance 978, § 2(Exh. A, § 2), adopted 11/21/2017)
(a) 
Not including structured vehicle parking as a primary use, no use category (institutional, office, residential, retail, service, etc.) can occupy a gross floor area of less than 20 percent of the structure's total available floor area; however, pursuant to the city's conditional use process, with recommendation from the planning commission, the city council can, where appropriate, authorize uses that comprise less than 20 percent of a structure's total gross floor area.
(b) 
No single use can occupy all the floor area in any structure.
(c) 
No residential uses, nor uses specifically reserved as accessory to in-house residential, may occupy any ground floor, unless specifically allowed in the preceding use table.
(d) 
Residential uses shall not be developed at a rate greater than 30 dwelling units per acre.
(Ordinance 978, § 2(Exh. A, § 3), adopted 11/21/2017)
All permitted uses in the MXD district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street surface stopping, standing, or loading areas, automated teller machines, outdoor seating and dining areas, recreation and parks, water features and similar public gathering plazas and similar spaces, and public art installations.
(Ordinance 978, § 2(Exh. A, § 4), adopted 11/21/2017)
(a) 
All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 11 feet.
(b) 
All commercial floor space(s) provided on the ground floor of mixed-use building(s) must contain at least 35 percent of the lot area on lots with 80 feet of street frontage or more.
(Ordinance 978, § 2(Exh. A, § 5), adopted 11/21/2017)
The minimum lot size required shall be two acres for MXD-zoned parcels.
(Ordinance 978, § 2(Exh. A, § 6), adopted 11/21/2017)
The maximum floor area : lot area ratio shall be 2:1 for mixed-use buildings.
(Ordinance 978, § 2(Exh. A, § 7), adopted 11/21/2017)
(a) 
The entire building façade must abut front and street side property lines or be located within 20 feet of such property lines.
(b) 
The maximum rear setback is 25 percent of the lot depth.
(c) 
No interior side setbacks are required in the MXD district, except when MXD-zoned property abuts property zoned for one-and/or two-family residential, in which case the minimum side setback required for the entire abutting side yard shall be 25 feet, or half the building height, whichever is greater.
(Ordinance 978, § 2(Exh. A, § 8), adopted 11/21/2017)
The maximum building height shall be 55 feet and five stories. Where conditions warrant, pursuant to the city's conditional use process, the city council, after receiving recommendation from the planning and zoning commission, may approve via conditional use permit, a maximum building height in excess of 55 feet and exceeding five stories.
(Ordinance 978, § 2(Exh. A, § 9), adopted 11/21/2017)
(a) 
All uses on the site will provide parking spaces pursuant to the standardized recommendations of the Institute of Traffic Engineers.
(b) 
Off-street parking spaces must be located behind the principal building, or otherwise screened to not be visible from public right-of-way or residential zoning districts. For the purposes of this district, the exterior cladding of parking structures meets the requirement of "screening."
(c) 
There shall be a minimum 15-foot setback from the exterior wall of any parking structure, any overhang of a canopy parking cover, and from the curbline of any open parking area, to any street, alley, or abutting property zoned for one-and/or two-family residential.
(d) 
Parking structures must be finish-clad with a decorative masonry veneer, consistent with section 53-899(j), #1 and #2. Such structures shall not exceed the height of the primary structure to which they are accessory.
(e) 
The planning and zoning commission is authorized to allow shared parking agreements between directly adjacent properties (not interrupted by rights of way or unrelated properties) to meet minimum required parking spaces. Where shared parking involves more than one property, a cross-access easement and agreement shall be provided to the city and shall be recorded with the deed of such properties. Such agreement must certify the allocation of parking spaces among the parties that is consistent with the shared parking analysis approved by the planning and zoning commission. The minimum term for cross-access and shared parking agreements, whether inter-parcel or not, shall be 21 years from the date a building permit is issued for any use claiming such shared parking guarantee.
(Ordinance 978, § 2(Exh. A, § 10), adopted 11/21/2017)
(a) 
A minimum of 60 percent of the street-facing building façade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space and/or product display areas.
(b) 
The bottom of any window or product display window used to satisfy the transparency standard of subsection (a) above may not be more than 3½ feet above the adjacent sidewalk.
(c) 
Product display windows used to satisfy these requirements must have a minimum height of five feet and be internally lighted.
(Ordinance 978, § 2(Exh. A, § 11), adopted 11/21/2017)
(a) 
Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
(b) 
Building entrances may include doors to individual shops or businesses, lobby entrances, stairwells or areaways to upstairs residential units, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(Ordinance 978, § 2(Exh. A, § 12), adopted 11/21/2017)
Projects developed in the MXD district are not principally intended to be serviced by automobiles, or provide any auto-oriented uses. No more than two public street curb cuts are allowed. No two vehicle accesses to the same parcel are permitted from any one public street frontage at less than 300-foot intervals. Shared access management for adjacent parcels, to maintain this spacing, is strongly recommended. Rear yard or side yard (not both) alley loading is not restricted with regard to curb cuts per frontage; however, structures with one or more public alley loaded access points may not take access from any public street.
(Ordinance 978, § 2(Exh. A, § 13), adopted 11/21/2017)
The minimum floor area of each dwelling unit shall be as follows:
(1) 
One-bedroom: 650 square feet.
(2) 
Two-bedroom: 800 square feet.
(3) 
Three-or more bedroom: 1,000 square feet.
(Ordinance 978, § 2(Exh. A, § 14), adopted 11/21/2017)
The maximum lot coverage of impervious improvements of any lot zoned MXD shall not exceed 90 percent.
(Ordinance 978, § 2(Exh. A, § 15), adopted 11/21/2017)
The site development regulations on uses in the MXD district are as follows:
(1) 
Paved sidewalks, driveways and parking areas are required. The sidewalks, pedestrian walkways must be constructed of brick, pavers, or concrete with an exposed broom finish, and connect to the adjacent property having a common frontage.
(2) 
At least one pedestrian pathway from the public right-of-way into the structure(s) on the parcel must be provided.
(3) 
Crosswalks with adequate signage, striping, and lighting (if required) will be provided at all intersections, both public, private, and/or both.
(4) 
Screening of loading, storage, and trash/refuse facilities is required.
(Ordinance 978, § 2(Exh. A, § 16), adopted 11/21/2017)
All new buildings constructed within the MXD district shall comply with the following requirements:
(1) 
All exterior walls shall be constructed of 100 percent stone, brick, masonry, stucco, masonry veneer, or similar granular product excluding doorways and windows;
(2) 
All roof surfaces visible from the street shall be surfaced with metal, concrete, clay tile, or minimum of 25-year dimensional shingles. Rooftop HVAC equipment shall be screened completely from view;
(3) 
It is recommended, but not required, that improvements to existing buildings in this district comply with subsections (1) or (2) of this section; and
(4) 
Glare. No use or operation in an MXD district may be located or conducted so as to produce intense glare or direct illumination across any property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.
(Ordinance 978, § 2(Exh. A, § 17), adopted 11/21/2017)
Uses and bulk standards within this district are reserved solely to those uses and structures expressly permitted in this district, and are not cumulative as related to other zoning districts unless so stated elsewhere.
(Ordinance 978, § 2(Exh. A, § 18), adopted 11/21/2017)
For compliance with the city's outdoor lighting ordinance, properties zoned MXD will be considered "LZ-3: Moderately high ambient lighting."
(Ordinance 978, § 2(Exh. A, § 19), adopted 11/21/2017)