A. Commercial Mixed-Use Zone (CMU). The CMU Zone accommodates the most concentrated hub of commercial activity, with retail, office, limited automotive service (gas stations), mixed-use, and residential use. New commercial and mixed-use development emphasize pedestrian orientation in site and building design to promote a walkable environment with active street frontages, well-scaled buildings, and usable spaces such as small plazas, courtyards, and sidewalk cafes. Established commercial centers are permitted to add new or renovate existing structures along the front property line. Structures are to be designed to provide maximum transparency into the stores or offices from the public sidewalk, thereby enhancing the pedestrian interest and experience.

B. Civic Mixed-Use Zone (CivicMU). The Civic Mixed-Use Zone accommodates a vibrant mix of commercial, residential, and civic activities. Significant public plazas, amphitheater/stages, and urban public open space draw residents, local employees, and visitors to this community center. (Ord. 690 § 4 (Exh. A), 2018).

A. Permitted Uses. Table 20.28-1 identifies the permitted uses in the mixed-use zones.

B. Conditional Uses. Certain uses may be subject to special conditions regarding the location, operation, or design of the use. References to these provisions are made in Table 20.28-1.

C. Prohibited Uses. If a use is not specifically listed in Table 20.28-1, that use is prohibited. However, the director of community development shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone, pursuant to the provisions of CMC 20.08.050(C).

D. Mixed-Use and Residential Uses. Permitted uses identified in Table 20.28-1 may be established on a single site as an integrated project. Stand-alone commercial uses are permitted in the CMU and CivicMU Zones. Residential and mixed-use developments in the CMU and CivicMU Zones are subject to the following restrictions:

E. Limitations on Use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable mixed-use zone, subject to the following additional limitations:

A. General. Table 20.28-2 identifies the development standards applicable to all development in the mixed-use zones. Certain development standards may be subject to special conditions. These standards are provided here or where otherwise referenced.

A. Additional Height. For projects that do not require a development agreement pursuant to CMC 20.28.040, building height standards in Table 20.28-2, when indicated by a plus (+) symbol, provide for additional stories to be permitted with the provision of community benefit and with city council approval. Such benefits may include, but are not limited to:

B. Building Orientation and Entrances. Street-facing primary entrances for nonresidential uses shall be unlocked and accessible to the public during business hours. Residential and nonresidential entries shall be clearly defined features of front façades, and of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance, while maintaining a pedestrian scale.

C. Building Transparency/Windows and Openings Facing Streets. Placement and orientation of doorways, windows, and landscape elements shall create strong, direct relationships with the street. Street-facing façades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses.

D. Shared Property Lines with Residentially Zoned Lots.

E. Blank Walls. No street frontage wall may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. Exceptions are subject to approval as part of the development permit review procedures.

F. Corner Features. At important intersections, buildings shall incorporate prominent special features to reinforce the intersection. Corner entrances, bay windows, and towers are examples of elements that may be considered to emphasize corner locations.

G. Integration and Standards for Nonresidential Uses in Vertical or Multi-Story Mixed-Use Buildings.

H. Outdoor Dining Encroachment. Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (e.g., in sidewalk areas); provided, that the use maintains a minimum six-foot-wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic, and the use keeps the full width of the building entrance clear and unimpeded for building access. Outdoor furniture, including but not limited to chairs, tables, umbrellas, heat lamps, windscreens, busing stations, partitions, and planters, shall not be permanently fixed into the public right-of-way (e.g., sidewalk areas) without prior approvals from the city of Cudahy, such as a revocable encroachment permit issued by the city engineer and/or the city council. (Ord. 690 § 4 (Exh. A), 2018).

A. New Streets. Sites in excess of one acre shall be designed to provide block and street patterns consistent with the adjacent properties and/or surrounding contextual environment. New streets shall establish a pedestrian-friendly interconnected street network, with no block face exceeding 400 feet in length.

B. Pedestrian Access. Pedestrian access from the public right-of-way shall be incorporated into all development within the mixed-use zones. The design of new projects shall promote walkability and connectivity to include design and orientation standards such as:

C. Vehicle Parking.

D. Bicycle Parking. Bicycle parking shall be provided for new development consistent with this section.

E. Driveway Abutting a Building Wall Facing Side or Rear Yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line.

F. Entrances. When nonresidential and residential uses are located in the same building, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. (Ord. 690 § 4 (Exh. A), 2018).

A. Residential Open Space. The open space regulations in CMC 20.16.060, Open Space for MDR and HDR Zones, shall apply to required residential open space areas in all mixed-use development, except as provided elsewhere in this section.

B. Open Space/Public Plazas in Civic Mixed-Use Zone. Site planning for sites within the Civic Mixed-Use Zone shall integrate the street pedestrian environment through the use of courtyards, plazas, street furniture, and walkways. Public and private walkways, passages, paseos, and related facilities shall be provided.

C. Pervious Area and Open Space. Pervious areas set aside as usable open space may also serve as areas for infiltration of stormwater runoff, subject to review and approval by the city engineer. Use of open space areas for stormwater control shall be incorporated into plans to comply with the provisions of Chapter 20.68 CMC (Low Impact Development Measures) that may be amended from time to time.

D. Mixed-Use Open Space Share. Mixed-use buildings shall be arranged to create opportunities for open space for the residential uses. In general, open space areas for residential uses shall be separated from nonresidential uses on the site. However, the sharing of open space may be permitted as part of the development review permit procedures when it is clear that the open space will provide direct benefit to residents of the project and subject to the following limitations:

A. Loading and Unloading Activities of Mixed-Use Developments. Where applicable, the covenants, conditions, and restrictions of a mixed-use development shall indicate the times when the loading and unloading of goods may occur on the street; provided, that, in no event, shall loading or unloading take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

B. Lighting Standards for Mixed-Use Developments. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that it does not negatively impact the residential uses in the development nor any adjacent residential uses.

C. Recycling and Refuse Storage Facilities Standards for Mixed-Use Developments. Recycling and refuse storage facilities for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the development. Recycling and refuse storage facilities for nonresidential uses shall be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors. Trash areas for food service and sales uses, when occupying the same building as residential uses, shall be refrigerated to control odor. The number of facilities and other development standards are found in CMC 20.56.080.

D. Screening of Mechanical Equipment and Service Areas.

E. Residential Noise Notice. Residents of new mixed-use development projects in the mixed-use zones, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than in a strictly residential area. The covenants, conditions, and restrictions of a residential or mixed-use project shall require that prospective residents acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information. (Ord. 690 § 4 (Exh. A), 2018).