§ 35-341. "MXD" Mixed-Use District.
STATEMENT OF PURPOSE
To provide concentrated residential, retail, service, office, business park, and mixed uses. This district does not regulate land uses but, instead, permits any use to be established subject to an approved zoning site plan. Urban design standards are required in order to maintain a neighborhood commercial scale, to promote pedestrian activity, and to maintain the unique character of the center. Pedestrian circulation is required as are common parking areas.
The "MXD" district implements the following policies of the master plan:
• Neighborhoods, Policy 2b: Amend the Unified Development Code to create mixed-use districts.
• Urban Design, Policy 1c: Develop zoning regulations that would allow mixed-use development (i.e. residential and commercial) to be placed in the same building.
• Urban Design, Policy 1f: Encourage mixed-use zones around existing and new city facilities to foster a greater mix of activities and social interaction.
• Urban Design, Policy 5b: Encourage resident and employment growth within walking distance of the downtown area and neighborhood centers in order to support an inter-modal transportation system.
• Urban Design, Policy 5e: Promote public and private sector, ride-sharing, flexible working hours, parking management innovations, and mixed-use developments as means of reducing the demand for peak period vehicular trips.
(a)
Locational Criteria. An "MXD" district may be designated for any area within the city.
(b)
Use Regulations.
(1)
An "MXD" shall include both residential and commercial uses. The ordinance shall include an indication of gross density for all residential uses in units per acre; "O-1" and "O-2" office uses; and "NC," "C-1," "C-2," and "C-3" commercial uses as defined in this chapter, are specifically permitted in the "MXD" zoning base district.
(2)
In addition, business park uses shall be permitted in an "MXD" zoning base district, as follows:
• Wholesaling,
• Research and development,
• Manufacturing,
• Processing,
• Fabrication, and assembly,
• Testing,
• Repair,
• Servicing,
• Storage,
• Laboratory,
• Warehousing,
• Displaying, or
• Distribution of goods, materials or products.
(c)
Site Plan.
(1)
Simultaneous with the request for "MXD" zoning, an "MXD" site plan shall also be filed. An application for rezoning to an "MXD" shall not be deemed complete unless accompanied by a proposed "MXD" site plan.
(2)
The location of all uses and/or zoning districts shall be designated on the "MXD" site plan.
(3)
"MXD" site plans shall be reviewed by the zoning commission and approved by the city council concurrent with the application for rezoning to an "MXD." The zoning ordinance shall provide adherence to the "MXD" site plan, or the amended "MXD" site plan, however, a rezoning shall not be required for the approval of a minor change to the "MXD" site plan as defined in subsection (d)(3) of this section.
(d)
Amendments.
(1)
Revisions to a previously approved "MXD" master site plan shall be classified as a minor or major amendment. Within five (5) working days after filing the proposed revisions, required items and information, the director of development services shall provide a written response indicating whether or not the submitted revised "MXD" site plan has been accepted as a minor or major revision. If it is determined by the director of development services that the revised submittal is considered a minor change then said submittal shall be processed by the director of development services and shall not require review by the zoning commission or approval by the city council. If it is determined by the director of development services that the proposed revision is a major change then said proposed major revisions shall be processed in the same manner as the initial "MXD" site plan submittal described in subsection (c) of this section. Major amendments to an "MXD" site plan constitutes a new project with respect to the area of the project that is being modified.
(2)
A major amendment to an "MXD" site plan shall include:
A.
Any increase in the total number of residential units for the entire "MXD" greater than ten (10) percent of the original request.
B.
Any increase in the total commercial or office acreage within the "MXD" greater than ten (10) percent of the original request.
C.
Any increase in the total business park acreage within the "MXD" greater than ten (10) percent of the original request.
D.
Any decrease above ten (10) percent in the total open space acreage within the "MXD."
E.
Any change in a proposed land use node from residential to an office, commercial or light industrial use, if the property where the proposed change is to occur abuts existing property in which the principal use is a single-family residence.
F.
?An increase in the height if a height restriction was included on the approved "MXD" site plan.
(3)
Any other revision to an "MXD" site plan not described in subsection (2), above, shall be deemed a minor change.
(e)
Lot and Building Specifications. The Lot and Dimensions Table (Article III), including minimum area and frontage requirements, shall not apply to an approved mixed use development provided the following lot and building dimensions shall apply:
(1)
No new or existing building shall be erected, constructed or expanded to extend within the public right-of-way or within five (5) feet of the rear lot line.
(2)
Height shall be governed by the height indicated on the site plan for a "MXD" district.
(3)
If the "MXD" zoned property abuts a single-family use or zone then the structure shall be located at least twenty-five (25) feet from the single-family area.
(4)
If the "MXD" zoned property abuts a single-family use or zone then the structure shall not exceed two and one-half (2.5) stories or thirty-five (35) feet in height if the structure is fifty (50) feet or less from the single-family area.
(f)
Streets and Sidewalks. Streets within a "MXD" shall be publicly accessible. Gated streets and gated developments shall not be permitted. Streets shall conform to the transportation standards of this chapter unless an alternative street and sidewalk plan is approved as part of a rezoning to a "MXD."
(g)
Off-Street Parking Requirements. Off-street parking facilities shall be provided in accordance with Table 526-3b: Parking in Nonresidential Use Districts except that the following reduction to the minimum off-street parking requirements shall apply:
(1)
Minimum off-street parking requirement may be reduced one (1) space for each on-street parking space located adjacent to the property.
(h)
Bail bond agencies shall require approval of a specific use authorization, pursuant to section 35-423, to be allowed within mixed-use districts.
(i)
Applicability. Unless explicitly superseded or modified by this section, the provisions contained in Article V: Development Standards, of this chapter shall be applicable to a "MXD" development.
(Ord. No. 97568 § 2) (Ord. No. 2008-05-15-0401, § 2, 5-15-08) (Ord. No. 2009-01-15-0001, § 2, 1-15-09; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2018-11-15-0913 , § 2, 11-1-18)