A.

The provisions of this chapter establish general regulations for the development and use of mixed use development containing both residential and commercial uses integrated with each other relative to architecture, landscape, common areas and access.

B.

Mixed use regulations are established to enable housing and nonresidential uses to locate within the same site within a short walk of each other for the benefit of the community and to support City objectives to encourage sustainable forms of development.

C.

A variety of residential products are appropriate for mixed use districts when well integrated with the site and commercial uses, including medium density detached and attached single family housing, medium and high density multifamily housing, lofts, and live/work units.

D.

A variety of community serving commercial uses are appropriate for mixed use districts when well integrated with the site and residential uses, including restaurant, retail, hotel, entertainment, professional office, and personal services. Distinctive commercial uses that expand the dining, shopping, and entertainment opportunities available to the community are strongly encouraged.

E.

All mixed use development shall incorporate the following elements: walkability and connectivity; inviting and functional public spaces; mix of housing and commercial uses; consistent high quality design and material; compatibility with adjacent land uses; and environmental sensitivity.

F.

Surface parking shall be enhanced with strong pedestrian linkages, landscape, and lighting. Structured parking shall be screened with landscape and/or architectural features and designed to be compatible with the architectural style of the mixed use buildings.

(Ord. No. 285, § 7, 6-9-2015)

A.

Appendix A at the end of Title 16 indicates the uses permitted in the mixed use district. Residential and commercial uses represent the primary permitted uses.

B.

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Chapter 16.68 of this Development Code. Temporary uses and conditions are subject to the review requirements and conditions contained in Chapter 16.80. Also, certain uses such as businesses involved in the sale of alcoholic beverages may be subject to special use standards outlined in Section 16.12.060.

C.

Special Use Standards. Certain uses, such as wireless facilities are subject to the review requirements and conditions contained in Chapter 16.44. These additional standards are required to ensure that such uses are operated in a manner that does not adversely impact the surrounding land uses.

D.

Accessory dwelling units are permissible as an accessory use on properties that are zoned mixed use, and which contain an existing, single-family or multi-family dwelling unit, subject to the provisions of CHMC Section 16.10.140.

(Ord. No. 285, § 7, 6-9-2015; Ord. No. 364, § 9, 2-9-2021)

A

Site plan approval, as described in Chapter 16.76, is required for all mixed use development projects involving the construction of new or substantially remodeled buildings. In addition to the basis for denial or approval set forth in Section 16.76.060, the hearing body shall also find that the proposed mixed use project:

A.

Incorporates the following elements: walkability and connectivity; inviting and functional public spaces; mix of housing and commercial uses; consistent high quality design and materials; compatibility with adjacent land uses, and environmental sensitivity.

B.

Enhances surface parking with strong pedestrian linkages, landscape, and lighting. Any parking structures shall be screened with landscaping and/or architectural features designed to be compatible with the architectural style of the buildings in the mixed use development.

C.

Complies with the development standards set forth in Section 16.13.040 of this chapter.

D.

Complies with the mixed use guidelines specified in Section 16.13.050.

(Ord. No. 285, § 7, 6-9-2015)

Table 1 provides the development standards for the mixed use district.

Table 1. Mixed Use District - Development Standards

(Ord. No. 285, § 7, 6-9-2015)

While the overall intent of the guidelines shall be followed and every attempt shall be made to comply with the guidelines, compliance with any one specific guideline, or every single guideline, is not mandated for each project, unless the term "shall" is used specifically in such guideline. Compliance with any one specific guideline may be modified or waived by the Planning Commission if the Commission determines that there are counterbalancing factors associated with the development which ensure that it will be consistent with the overall intent of these guidelines. Any time a specific guideline is modified or waived by the hearing body, the following must be identified: (1) the specified guideline modified or waived, (2) the rationale for such modification, (3) the counterbalancing factor, and (4) how the intent of the guidelines will continue to be achieved notwithstanding such modification or waiver.

A.

Mixed use projects shall provide unique contributions to the surrounding community through enhanced architectural treatments and designs incorporated throughout the residential and commercial components, dynamic and inviting public spaces, and distinctive commercial uses that expand the dining, shopping, and entertainment opportunities available to the community.

B.

Projects shall follow the overall intent of the architectural design, site planning, and other guidelines and standards identified in Chapter 16.06, Chapter 16.08, Chapter 16.09, Sections 16.10.040 and 16.10.050, and Chapter 16.34 of this Development Code. While the overall intent of the aforementioned guidelines and standards shall be followed, compliance with any one specific guideline, or every single guideline, is not mandated for mixed use projects.

C.

Mixed use projects shall feature three hundred sixty (360) degrees of architectural treatment and enhancement; the residential and commercial components shall be architecturally integrated, featuring the same architectural theme, key design features, colors and materials, and other major architectural elements.

D.

Projects shall incorporate common open space elements providing public gathering spaces featuring amenities such as shade structures, water features, seating areas, enhanced lighting and landscaping, wireless internet access, and other features that enhance the quality of the open space for public use. These gathering spaces should create dynamic and appealing atmospheres to attract residents from the mixed use development and the community into the open space areas and commercial component of the project. Open space amenities shall be provided throughout the residential and commercial components of the project.

E.

Enhanced paving, landscaping, and lighting shall be used to encourage pedestrian circulation throughout the development. Pedestrian pathways and linkages between the commercial and residential components shall be designed and located to facilitate and encourage pedestrian access between the communities.

F.

Mixed use projects shall demonstrate an increased degree of environmental sensitivity. Projects shall be designed to achieve energy and water efficiency above that required by the Building Code. Energy efficient techniques may include green building, Leadership in Energy and Environmental Design (LEED) standards, solar energy, or other available energy efficient systems or programs.

(Ord. No. 285, § 7, 6-9-2015)

A.

Noise levels in the mixed use district shall not exceed the standards set forth in Chapter 16.48 of this Development Code, when measured at the nearest residential property line for the adjacent properties. Noise levels within the residential dwelling units within the mixed use development shall not exceed interior noise levels set forth in Chapter 16.48

B.

Entertainment uses in the mixed use district providing dancing, music, and similar activities may be required to submit a security plan for review by the Community Development Department, the Police Department, and the Fire Authority. This security plan, which may be approved by the Director of Community Development or his or her designee, may include information on the number and type of security personnel to be on duty during hours of operation, the type of equipment provided to the security personnel, and proposed methods of coordination with public safety personnel (police and fire).

1.

The Community Development Director may require a review and update to the security plan on a periodic basis or in response to concerns reported to and/or identified by the City, Police Department, and/or Fire Authority.

C.

The City may apply additional requirements or limitations to ensure compatibility with surrounding land uses where the entertainment use in question relies upon a conditional use permit, temporary use permit, or other discretionary permit.

(Ord. No. 285, § 7, 6-9-2015)

The following restrictions apply to outdoor display and storage of goods and materials in the mixed use district:

A.

Only goods and materials sold or used on-site may be stored or displayed.

B.

No outdoor display or storage shall be permitted.

C.

No exterior vending machines or recycling facilities shall be permitted.

D.

Outdoor display and storage shall not interfere with or restrict pedestrian access and circulation.

(Ord. No. 285, § 7, 6-9-2015)