The purpose of the MIX mixed use district is to promote unique planned developments within the district where residential land uses can be combined into neighborhoods with retail, office, entertainment, and recreational facilities in close proximity to transit. The intent of the MIX district is to promote integrated development patterns that accomplish the following objectives:

1. Establish a mixed use land use pattern and neighborhood design that is consistent with the vision, goals, and policies of the Burnsville comprehensive plan.
2. Accommodate a mixture of residential, retail, service, office, recreational, and entertainment land uses in an integrated neighborhood design.
3. Establish ground level, pedestrian friendly retail and service storefronts complemented by office and residential uses above the ground floor development.
4. Promote a development pattern that is a pedestrian friendly, rollable environment that encourages walking, biking and use of mass transit.
5. Create attractive neighborhoods that promote pedestrian activity, human interaction, safety, and livability.
6. Provide a range of housing options that respond to the needs of residents in each stage of their life.
7. Promote a creative and efficient use of land which at the same time protects and promotes health, safety, comfort, aesthetics, economic viability, and general welfare of the city. (Ord. 1247, 9-20-2011)
   

Within any MIX mixed use district, no structure or land shall be used except for one or more of the following uses:

Antique/flea market, subject to section 10-7-48 of this title.

Appliance store.

Art and school supply store.

Art studio.

Bakery goods sales and baking of goods for the retail sales on premises.

Bank.

Bicycle sales and repair.

Bookstore.

Bus benches, shelters, and transit facilities provided they comply with title 8 of this code.

Camera and photographic supply and processing store.

Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop, but not of the drive-in type.

Clothing store.

Coffeehouse, coffee shop, wine bar, tavern three thousand (3,000) square feet or less in floor area.

Commercial zero lot line development pursuant to section 10-7-41 of this title.

Daycare nursery.

Delicatessen.

Drugstore.

Florist.

Furniture.

Gift shop.

Government buildings where the use conducted is customarily considered to be an office use.

Grocery store, fruit or vegetable store.

Hardware store.

Health clubs.

Hobby store including handicraft classes not to exceed ten (10) students.

Hotels, motels, inns, and bed and breakfast establishments serving transient guests.

Instructional/learning center.

Interior, decorating, and design studio.

Jewelry sales and jewelry repair store.

Library.

Liquor store subject to the requirements of subsection 10-19-3(C) of this title and title 3 of this Code.

Locksmith.

Meat market but not including processing for a locker.

Medical marijuana distribution facility.

Medical service or clinic.

Multiple-tenant retail sales and service facilities subject to subsection 10-19-3(D) of this title.

Music store.

Music studio.

Newsstand.

Office.

Office supply and stationery store.

Paint, wallpaper sales.

Personal services.

Pet grooming.

Pet shop, provided the operation shall not include maintaining of pens or cages outside the building or the creation of an offensive odor or noise.

Photographic studio.

Pipe and tobacco shop.

Post Office.

Record shop.

Research centers.

Restaurants (freestanding) subject to subsection 10-19-3(B) of this title.

Rugs and floor covering sales.

Schools, academies, colleges, and universities.

Shoe sales and repair.

Small appliance repair shop.

Sporting goods store.

Thrift stores having a gross floor area less than five thousand (5,000) square feet provided all merchandise collection, transfer, processing and storage occurs within the principal building. No accessory outdoor drop off/collection area or outdoor storage is allowed on site.

Within any MIX Mixed Use District, the following uses shall be permitted accessory uses:

Accessory solar energy systems pursuant to section 10-7-29 of this title.

Animals as regulated herein.

Antennas mounted on an existing structure, not exceeding fifteen feet (15') above the highest point of the structure, as regulated by chapter 29 of this title.

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete construction.

Daycare centers as home occupations. Daycares with more than three (3) children in a structure with more than two (2) dwelling units are prohibited.

Drive-through service lane accessory to a principal use subject to subsection 10-22C-9(F) of this chapter.

Home occupation as permitted by chapter 12A of this title.

Incidental accessory uses as permitted by section 10-7-42 of this title.

Incidental outdoor seating for food service businesses as permitted by section 10-19-6 of this title.

Incidental repair, processing, or storage necessary to conduct a permitted principal use subject to subsection 10-19-1(K) of this title.

LP gas exchange container displays as provided in section 10-7-38 of this title.

Personal services.

Private garages, off street parking and loading spaces as regulated in this title.

Private swimming pool and tennis court.

Public trash and recycling containers for use by the general public pursuant to subsection 10-7-18(G) of this title.

Restaurant within a building having a principal use other than a restaurant subject to subsection 10-19-3(B) of this title.

Signs as regulated in chapter 30 of this title.

Single satellite earth station antenna two meters (2 m) or less in diameter and single antenna designed to receive direct broadcast services or multichannel multipoint distribution services one meter (1 m) or less in diameter and antennas designed to receive television broadcast signals, as regulated in chapter 29 of this title.

Temporary/seasonal outdoor sales uses, subject to the provisions of section 10-7-48 of this title.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building.

Within any MIX Mixed Use District, no structure or land shall be used for the following uses except by conditional use permit:

Accessory car wash as regulated by section 10-7-43 of this title.

Accessory structures or uses other than those listed as permitted.

Antennas mounted on an existing structure, exceeding fifteen feet (15') above the highest point of the structure, as regulated by chapter 29 of this title.

Car wash as a principal use.

Coffeehouse, coffee shop greater than three thousand (3,000) square feet in floor area.

Commercial parking structures.

Essential service structures including, but not limited to, buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, wells and pumping stations, lift stations and electric power substations provided no building shall be located within fifty feet (50') of any lot line of an abutting lot in an R Zoning District. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located.

Funeral homes and mortuaries.

Lounge subject to subsection 10-19-3(C) of this title and title 3 of this Code.

Mixed use/residential and commercial use buildings subject to subsection 10-22C-9(I) of this chapter.

Motor fuel stations subject to the requirements of subsection 10-19-3(A) of this title.

Multiple-family residential (freestanding) including apartments, cooperatives, and condominiums as regulated by section 10-22C-9(J) of this chapter and provided the density of the project site complies with section 10-7-49 of this title.

Multiple principal structures on the same lot as regulated by subsection 10-19-3(D) of this title.

Museums, art institutions, and galleries.

Nightclub subject to subsection 10-19-3(C) of this title and title 3 of this Code.

Nursing home, intermediate care facility, long term care facility, and residential healthcare facility, provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be accommodated and that no building be located less than fifty feet (50') from the lot line; hospitals for human care, provided that all buildings are not located less than sixty feet (60') from the lot line of an abutting R District.

Outdoor sports, recreation, or entertainment facility.

Radio and television studios.

Religious institution, provided that the principal structure and any accessory structures used for assembly shall be located at least fifty feet (50') from any lot line adjacent to a residential zoning district. This paragraph shall apply even if the religious use does not occupy the entire structure. For the purposes of this paragraph, the fifty foot (50') setback shall not apply to any property line adjacent to an arterial roadway, including an interstate freeway.

Residential program (group home) for seven (7) to sixteen (16) persons as defined and licensed by the State of Minnesota Department of Human Services. Conditions of the conditional use permit shall be imposed only to assure the proper maintenance and operation of the program and shall not be more restrictive than those imposed on other conditional uses of multi-family residential property unless such additional conditions are necessary to protect the health and safety of the program participants. A conditional use permit shall not be issued for a residential program that is within one thousand three hundred twenty feet (1,320') of another residential program.

Restaurants (freestanding) as regulated by subsection 10-19-3(B) of this title.

Single satellite earth station antenna in excess of two meters (2 m) in diameter and single antenna designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter (1 m) or less in diameter, are regulated in chapter 29 of this title.

Tavern, over three thousand (3,000) square feet subject to subsection 10-19-3(C) of this title and title 3 of this Code.

Towers as regulated in chapter 29 of this title.

Townhomes as regulated in subsection 10-22C-9(J) of this chapter and provided the density of the project site complies with section 10-7-49 of this title.

Transient merchants subject to title 3 of this Code, unless exempt under section 3-20-13 of this Code. (Ord. 1247, 9-20-2011; amd. Ord. 1265, 5-22-2012; Ord. 1316, 4-8-2014; Ord. 1454, 4-17-2018)

Within any MIX Mixed Use District, no structure or land shall be used for the following purposes except by interim use permit:

None. (Ord. 1247, 9-20-2011)

The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications as set forth in this chapter and chapter 19 of this title:

Notes: ¹Setbacks in parentheses: Zero setback between buildings may be allowed for shopping centers or townhome developments. ²Setbacks in parentheses: Zero setbacks may be permitted on interior lot lines to facilitate shared parking between lots. ³A reduction of the parking setback requirements for the principal use is allowed for outdoor patios per section 10-19-6 of this title.

(Ord. 1265, 5-22-2012)

In structures where residential units abut streets of higher carrying capacities than standard residential streets, the minimum setback for the principal structure from that street shall be increased to the following:

(Ord. 1265, 5-22-2012)

Within any MIX Mixed Use District, the following impervious surface requirements shall be observed subject to any additional requirements, exceptions, or modifications set forth in chapter 19 of this title:

1. Residential (freestanding) lots: Not more than fifty percent (50%) of the gross lot area may be of an impervious surface.
2. Commercial/mixed use lots: Not more than seventy five percent (75%) of the gross lot area may be of an impervious surface. (Ord. 1247, 9-20-2011)
   

1. There is no maximum height limit in the MIX Districts, except where Environmental Overlay Districts and floodplain regulations may apply. (Ord. 1491, 6-4-2019)

1. Master Plan: Within any MIX District, a master concept plan shall be required for all development/redevelopment that shows how the development site is integrated with adjoining lots, streets, internal parking and circulation systems, pedestrian circulation, and landscaping. No subdivision of a property shall be allowed without a master concept plan for the larger parcel that illustrates how the purpose and intent objectives of section 10-22C-1 of this chapter are accommodated.
2. Building Design And Materials:
   1. Commercial and mixed use buildings shall comply with the building design and material requirements of subsection 10-19-1(A) of this title.
   2. Residential buildings (freestanding) shall comply with the building design and material requirements of section 10-15-1 of this title.
3. Mechanical Equipment: Mechanical equipment (ground mounted and rooftop) shall meet the following requirements:
   1. Rooftop mechanical equipment shall not exceed the building height standards by more than ten feet (10') for a single story building, or fifteen feet (15') for a multiple story building. (Ord. 1247, 9-20-2011)
   2. All private ground mounted equipment shall be one hundred percent (100%) screened pursuant to section 10-7-18 of this title and by enclosures constructed of durable and permanent materials with architectural elements (type, quality, and appearance) similar and compatible to the principal structure.
   3. All rooftop equipment shall be one hundred percent (100%) screened from view from across adjacent streets fifteen feet (15') behind the curb or adjacent properties at the property line.
   4. Rooftop equipment shall be one hundred percent (100%) screened by the building parapet, or the equipment shall be grouped behind an enclosure and set back a distance of one and one-half (1 1/2) times its height from any primary facade fronting a public street. (Ord. 1316, 4-8-2014)
   5. Screens shall be of durable, permanent materials (not including wood) that are compatible with the primary building materials.
   6. Exterior mechanical equipment, such as ductwork, shall not be located on primary building facades.
4. Trash And Recyclables: Trash and recyclable handling equipment shall meet the requirements of subsection 10-19-1(B) of this title.
5. Parking, Loading, And Pedestrianways:
   1. Parking: Parking within the MIX district shall meet the following requirements:
      1. Design And Maintenance: Design and maintenance of all off street parking areas shall be in accordance with section 10-7-26 of this title.
      2. Off Street Parking Lots: Off street parking lots shall be landscaped and screened in accordance with subsections 10-30A-8(B) and 10-30A-9(F) of this title.
      3. Reduction In Required Parking: Within the MIX mixed use district, the amount of parking required by section 10-7-26 of this title may be reduced provided one of the following conditions are met:
         1. Provision of joint parking facilities per subsection 10-7-26(I) of this title.
         2. Conditional use permit to reduce the required parking by twenty percent (20%) through the provision of on site transit interface including:
            1. Site abuts a designated bus route.
            2. Dedication of land and construction of bus stop facilities including bus pullout lanes, shelters, benches, lights, and signage.
            3. Pedestrian connections between the bus stop and the principal buildings on the site.
            4. Transit interface location and improvements shall be approved by the city and regional transit provider.
   2. External Loading Areas: External loading areas shall meet the requirements of subsection 10-19-1(H) of this title.
   3. Pedestrian/Bicycles: Within the MIX mixed use district, the following pedestrian and bicycle facilities shall be required:
      1. Pedestrian Walkways: Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities.
      2. Crosswalks: Crosswalks at private street intersections or within parking lots shall be distinguished from driving surfaces to enhance pedestrian safety by using either different pavement materials, pavement color or pavement textures in conjunction with signage.
      3. Bicycle Racks: Bicycle racks shall be provided on site at a ratio of one space for every twenty (20) automobile parking spaces or portion thereof.
      4. Pedestrian Furniture: Mixed use developments shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area.
      5. Central Areas Or Features: Mixed use developments forty thousand (40,000) square feet in total gross floor area or greater shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project. The size of the outdoor public space shall be five hundred (500) square feet per ten thousand (10,000) square feet of total floor area of the mixed use building.
      6. Aesthetic Design: Sites shall be designed to include three (3) of the following: public art, fountains, plazas, perennial beds, entrance landscaping, or other amenities reviewed and approved by the development review committee (DRC).
6. Accessory Drive-Through Facilities: Accessory drive-through facilities shall be allowed subject to the following conditions:
   1. Not less than one hundred twenty feet (120') of segregated automobile stacking shall be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to eighty feet (80') per lane.
   2. The stacking lane and its access shall be designed to control traffic in a manner to protect the buildings and will not interfere with on site traffic circulation or access to the required parking space.
   3. No part of the public street or boulevard may be used for stacking of automobiles.
   4. The stacking lane, order board telecom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. (Ord. 1247, 9-20-2011)
   5. The drive-through window and its stacking lanes shall be screened pursuant to section 10-7-18 of this title. (Ord. 1316, 4-8-2014)
   6. A lighting and photometric plan will be required that illustrates the drive-through service lane lighting and shall comply with section 10-7-36 of this title.
7. Outdoor Lighting: Within any MIX mixed use district, all exterior building and parking lot lighting shall comply with section 10-7-36 of this title.
8. Landscaping: Within any MIX mixed use district, the following landscaping standards shall be applied:
   1. Multiple-family/townhome freestanding development in the MIX district shall comply with the landscaping regulations of subsection 10-30A-7(B) and section 10-30A-8 of this title.
   2. Commercial development in the MIX district shall comply with the landscaping regulations of section 10-30A-8 and subsection 10-30A-9(F) of this title.
9. Mixed Use Buildings: Combined residential and nonresidential buildings shall be allowed by conditional use permit subject to the following conditions:
   1. Building Facade: Where residential and nonresidential uses share the same first floor building facade, the building design must demonstrate that the location, access, and appearance of the mixed land uses promote continuity of use and architectural appearance along the same building facade.
   2. Above Ground Floor Uses: Above ground floor uses shall be limited to nonretail business uses and residential uses.
   3. Entrances: Residential uses shall be provided separate entrances and separately identified parking stalls.
   4. Density: The residential component of the mixed use building shall maintain a net density consistent with section 10-7-49 of this title for multiple-family apartment dwellings or five thousand (5,000) square feet of lot area per unit for townhome units, unless the development qualifies for a density bonus under subsection (K) of this section.
10. Multiple-Family Residential Buildings/Townhomes (Freestanding): Freestanding residential buildings containing only multiple residential dwelling units shall be allowed by conditional use permit subject to the following conditions:
    1. The conditions of chapter 15 of this title are satisfied.
    2. The multiple-family development shall maintain a net density consistent with section 10-7-49 of this title for multiple-family apartments or five thousand (5,000) square feet of lot area per unit for townhome units, unless the development qualifies for a density bonus under subsection (K) of this section.
11. Residential Density Bonuses: Multiple-family housing, as part of a mixed use development or freestanding, may pursue an increase in density up to twenty five percent (25%) through a reduction in the required lot area per unit, based on the following bonus features and square foot reductions:
    
    

    	Square Foot Reduction To Lot Area Per Unit
    Underground Parking: 1 parking space per efficiency and 1 bedroom unit and 2 parking spaces per 2 or more bedroom units is provided within an underground parking structure attached to the principal building	200
    Registered Green Building: Building must be a registered green building (any level) in accordance with the USGBC (United States Green Building Council)	300
    Public Transit: The site is located within 300 feet of a bus stop or transit station and the site design provides pedestrian connections to the bus stop or transit station	300
    Recreation, Indoor: The mixed use or multiple-family building provides an indoor recreation and/or social room equal to 25 square feet per unit	100