§ 26-88-123. Mixed use developments.

(a)

Purpose. This section provides standards for mixed use developments and implements the general plan provisions related to mixed use.

(b)

Limitations on Use.

(1)

A mixed use development may combine compatible residential units with commercial or other non-residential land uses allowed in the applicable zoning district, provided that not more than eighty percent (80%) of the total gross project floor space is in residential floor area.

(i)

In cases where at least twenty percent (20%) of the residential floor area is provided as housing affordable to lower-income households pursuant to Article 89 (Affordable Housing Program Requirements and Incentives), a fifteen percent (15%) increase in maximum lot coverage and a fifteen-foot increase in maximum building height shall be granted over that otherwise allowed in the underlying zone district.

(2)

Mixed use developments shall comply with the building intensity limitations of the applicable zoning district.

(3)

A mixed use shall not be established or used in conjunction with any of the following activities:

(i)

Adult entertainment activities/businesses;

(ii)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(iii)

Welding, machining, or open flame work;

(iv)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

(v)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Location of Residential Units. Residential units may be located on any floor, provided that the first fifty feet (50') of the ground floor area measured perpendicular to each building face adjacent to any primary street frontage shall be reserved for commercial uses. The restriction against the residential use of this fifty-foot area does not apply to entryways, access corridors or stairs. This restriction may be waived or reduced where the applicant can demonstrate that all of the following criteria are met:

(1)

The provision of residential uses on the ground floor is necessary in order to provide compatibility with adjacent uses;

(2)

The site has an unusual lot configuration, access, or other unique circumstance such that the provision of ground floor residential results in a superior integration of residential and commercial uses on the site; and

(3)

The ground floor residential component provides a superior integration of the commercial uses into the surrounding commercial area.

(d)

Design and Development Standards.

(1)

Residential Open Space. A minimum of sixty (60) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks, or enclosed yard areas, but no private space with a dimension of less than six feet (6′) shall be counted toward this requirement.

(2)

Parking. Projects shall comply with the parking standards set forth in Section 26-86-010 (Parking) for each residential and nonresidential use included in the project, except that the residential parking need not be covered.

(3)

Loading and Refuse/Recycling Areas. Commercial loading areas, recycling areas, and refuse storage facilities for the commercial and other nonresidential uses shall be located away from residential units and shall be substantially screened from view from the residential portion of the project. Where appropriate, the project may provide for the shared use of recycling and refuse storage facilities.

(4)

Noise. Noise generated by mixed use projects shall be consistent with the general plan noise element.

(e)

Maintenance of Common Facilities. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the county as a third party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the county.

(f)

Design Review Approval Required. All new mixed use projects, additions to existing projects, or new nonresidential uses in existing projects, shall be subject to design review approval in accordance with the standards of Article 82 (Design Review). The design of mixed use projects shall demonstrate compatibility between the different uses and shall take into consideration compatibility with adjacent properties and land uses, and shall include specific design features and screening to properly mitigate any potential impacts, including light impacts, or other compatibility issues. Design review of site plan and layout shall include consideration of proximity and access to transit facilities. Project design shall ensure that privacy between residential units and other uses on the site is maximized.

(g)

Criteria for Approval. A mixed use development shall meet the criteria set forth below:

(1)

The site shall be located within an existing urban service area and adequate sewer and water to serve the intended use;

(2)

The development must comply with the standards and development criteria set forth in this section. Article 82 (Design Review), and the underlying base zone;

(3)

Residential and commercial uses shall be integrated in such a manner as to address noise, hazardous materials, and other land use compatibility issues on site as well as off-site;

(4)

The mixed use development shall be compatible with surrounding land uses and will not serve to inhibit commercial development on adjacent or nearby commercial parcels.

(Ord. No. 6223 , § II(Exh. B), 5-8-2018; Ord. No. 5569 § 5, 2005.)