Purpose:

• This section implements the "Community Mixed Use," "Neighborhood Mixed Use," "Downtown Mixed Use," "Corridor Mixed Use," and "Industrial Mixed Use" future land use classifications of the Comprehensive Plan through the colocation and integration of higher density residential and supporting non-residential and employment uses in a manner that enhances pedestrian, bicycle and transit mobility.

• Design standards are established for MU districts pursuant to the "Design Guide for Mixed Use Development" in the Comprehensive Plan.

• The MU District provides a flexible procedure for the approval of developments that provide compact, pedestrian friendly neighborhoods, but that cannot conform to some of the standards of Section 411 of this Article. The MU district procedure offers a discretionary, case by case review procedure for such developments in lieu of the more predictable, ministerial process established in Section 411.

• This Section encourages the incorporation into a single project a compatible mixture of residential, commercial, employment, recreational, civic and/or cultural uses, which are developed under an overall master plan of the unified planned development.

• This Section promotes mixed use redevelopment and infill development by providing flexibility in the adaptive reuse of existing buildings for their highest and best use in mixed use projects.

• The primary objective for a property developed under the Mixed Use (MU) zoning district is to provide a combination of uses including residential and non-residential uses. Non-residential uses may include office, other employment, retail, and institutional uses.

• The MU-1 district is a base or Euclidean zone. It is established as part of the comprehensive zoning map that accompanies this Code.

• The MU-2 district is a floating zone. It may be approved on any property if the Mayor and Board of Aldermen find that the general requirements set forth in this section have been met.

(a)

Applicability and Approval Procedures.

(1)

The standards established in this section apply to any property zoned MU-1 or proposed for MU-2 zoning.

(2)

The MU-2 district is established as a floating zone that may be applied to properties not within the MU-1 zoning district as of August 15, 2005. The MU-2 district may be applied to any tract that complies with the requirements of this section. The Master Plan for an MU-2 District must include one or more contiguous tracts of land under the ownership or control of a single developer or owner, or two or more contiguous tracts of land owned by two or more owners if they have filed for the MU district under a joint application. Tracts separated by only a public or private street or other right-of-way are deemed to be contiguous for purposes of this section, provided pedestrian linkages and connectivity between the tracts can be provided to meet the purpose, objectives and standards of the MU-2 district.

(3)

An MU-1 development requires approval of a Master Plan in accordance with Section 310 of this Code.

(4)

An MU-2 development requires approval of a conditional rezoning to the MU-2 district (Section 307) and a Master Plan (Section 310).

(5)

The Master Plan for a MU-1 or MU-2 development is subject to the performance standards established in Section 407 of this Code in addition to the regulations established in this section.

(6)

All requirements of this Code not expressly eliminated or modified by this section apply to development in the MU-1 and MU-2 districts.

(7)

The Reviewing Authority may modify any standard of this Section for redevelopment projects provided that the Reviewing Authority finds:

a.

that the modification is not contrary to the purpose and intent of this Section,

b.

that it implements the policies of the Comprehensive Plan, and

c.

that the application provides compensating design or architectural features that address the modification.

(b)

Uses, Densities/Intensities and Land Allocation.

(1)

The Master Plan for an MU-1 or MU-2 District must include the following land uses. The minimum land area that includes the required uses, densities, and floor area ratio for each use shall conform to Table 417-1, below. The Subdivision Plat and Master Plan for an MU District must comply with Table 417-1, below.

Table 417-1 Uses, Densities/Intensities and Land Allocation

(2)

Mixed Use Buildings and Live-Work Units:

A.

Must comply with Article 8, Section 838, and

B.

60% the land area devoted to Mixed Use Buildings is counted as a Residential Use and 40% is counted as a non-residential use for purposes of Table 417-1, and

C.

Live-Work Units are considered Residential Uses for purposes of Table 417-1.

(3)

The Board of Aldermen may grant modifications to the standards set forth in Table 417-1 as part of the approval of any conditional rezoning application for establishment of the MU-2 District, provided compensating features are included to address the modifications.

(4)

ADDU development must comply with Section 802 of the Land Management Code.

(c)

Design Standards.

(1)

Building Spacing.

A.

The setback for principal buildings must conform to Table 417-2. The frontage and setback requirements do not apply to structures within Parks and Open Space. In order to allow for variations for unique uses, such as anchor retail tenants or auditoriums, the minimum frontage requirements in Column (B) of Table 417-2 must be computed as an average.

Table 417-2 Setback for Principal Buildings - MU District

B.

The Reviewing Authority may grant modifications to the standards set forth in Table 417-2 provided compensating features are included to address the modifications, and in the case of lots with no frontage, upon the recommendation of the Fire Engineer and the Engineering Department and provided that access for vehicles, utilities, emergency vehicles, and other City services be insured through the use of common area agreements or private easements.

Rules for Interpretation of Table 417-2:

Generally, a dash (—) indicates that the requirement does not apply.

Column (A): Refers to the applicable land use category.

Column (B): The frontage of a parcel of land is that distance where a property line is common with a street right-of-way line. Where a lot fronts on two or more streets, minimum street frontage width requirements shall be considered met if the frontage along any one of such streets meets the minimum street frontage width requirement. In the event that the Reviewing Authority grants a modification to permit lot(s) with no frontage, then the minimum frontage shall mean minimum lot width and shall be the horizontal distance of the front lot line (as measured at the front yard setback).

Columns (C) and (D): The street setback refers to the distance from the street right-of-way line to the nearest enclosed portion of the principal building or group of buildings. A street lot line or front lot line means any lot line that abuts a street. In the event that the Reviewing Authority grants a modification to permit lot(s) with no frontage, then minimum and/or maximum street setback shall mean minimum or maximum front yard setbacks as the case may be and shall be measured from the front lot line.

Columns (E) and (F): The interior setback is the horizontal distance extending from the side property line to the nearest enclosed portion of the principal building or group of buildings. The side property line is any lot line other than a front lot line or a rear lot line as defined in Columns (C) or (G).

Column (G): The rear setback is a line extending from the rear lot line to the nearest enclosed portion of the principal building or group of buildings. The rear lot line is the lot line that is opposite and most parallel to the front lot line. If the rear lot line is less than ten feet long or the lot comes to a point at the rear, the rear lot line is assumed to be a line not less than ten feet long which lies wholly within the lot and is parallel to the front lot line. The rear lot line is parallel to the chord of the arc of the lot's front lot line.

C.

The setback and lot coverage requirements for accessory structures as established in Section 803 of this Code maybe modified within a mixed use development provided:

(1)

The distance between the principal structure and the accessory structure is a minimum of six feet; and

(2)

The distance between the structure and a public right-of-way is at least six feet; and

(3)

The structure is not located within the sight distance triangle as described in Section 611 of this Code.

(2)

Building Orientation. Buildings shall be "oriented to the street" as defined in Section 604(d)(3), unless modified by the Reviewing Authority.

(3)

Pedestrian Amenities. Pedestrian amenities such as benches, awnings, and canopies shall be provided on all sidewalks in a non-residential land use category. Street trees shall be provided as required in §Section 605(f) and 611(e).

(4)

Open Space/Civic Spaces. Open spaces and civic spaces within an MU district shall be spaced so that no lot, building or dwelling unit is located further than the distance prescribed in Table 417-3 from parkland that complies with Section 608:

Table 417-3 Open and Civic Spaces in MU District

(5)

Sidewalks. Sidewalks shall be provided on both sides of each street, and shall conform to the requirements of Section 611(s).

(6)

Parking. Parking areas shall be located in the rear and side yard and shall not be located between a Principal Building and a street other than an alley unless modified by the Reviewing Authority. If proposed shared parking shall be provided as specified in Section 607(b)(8).

(7)

Streets.

A.

Blocks must have an average length not exceeding 400 feet.

B.

The street connectivity ratio (see Section 611(j)(2)) shall be at least 1.8 unless modified by the Reviewing Authority.

C.

At least one bus or transit shelter must be provided along every street that is located on a Maryland Transit Administration (MTA) commuter bus service route, or Frederick County TransIT bus route. Pedestrian amenities as required by subsection (4), above, must be provided along any sidewalk that provides access to a Transit Station.

(8)

Outside Storage and Off-Street Loading.

A.

Outside storage within an MU district shall be prohibited. Storage of materials waiting processing, delivery, sales, or the like shall be fully enclosed within building.

B.

Off-street loading shall not be along arterial roads, or a main street.

(d)

Phasing. Construction of the MU project must be phased such that:

(1)

Building permits for no more than 75 percent of the residential dwelling units may be issued until at least 25 percent of the non-residential floor area is constructed; and

(2)

Building permits for no more than 75 percent of the non-residential floor area may be issued until record plats for at least 25 percent of the dwelling units have been recorded among the Land Records of Frederick County. For the residential units on a multifamily lot to be counted toward the 25 percent minimum, a site plan for those units must be unconditionally approved.

(e)

Small Lot Standards.

(1)

Applicability. This subsection applies to any lot or parcel in an MU-1 or MU-2 district that conforms to subsections A through C, below:

A.

Does not exceed three acres in contiguous land area as of August 15, 2005 or an ordinance rezoning the lot or parcel to an MU-2 district; and

B.

The streets within the proposed development and connecting to the proposed development within a one-quarter mile radius comply with the connectivity ratio standards of Section 611(j); and

C.

The following mix of uses are achieved:

1.

If the proposed development includes residential dwellings, the area within one-half mile of the perimeter of the lot or parcel, including the proposed development, contains between 15 percent to 85 percent non-residential equivalent dwelling units; and

2.

If the proposed development includes non-residential dwelling units, the area within one-half mile of the perimeter of the lot or parcel, including the proposed development, contains between 15 percent to 85 percent residential equivalent dwelling units.

D.

For purposes of computing the mix of uses required by subsection C, above, only the area within one-half mile that is linked by a continuous system of sidewalks to the proposed development shall be taken into consideration. Sidewalks are considered "continuous" if they are uninterrupted and in constant alignment, or interrupted only by intersections. Sidewalks are not "continuous" if they are interrupted by natural or man-made barriers to pedestrian movement, by an arterial street, by any street with more than four lanes of traffic where it aligns with the sidewalk, or any street that is wider than 48 feet where it aligns with the sidewalk.

E.

For purposes of computing the percentage established above, one dwelling unit or 800 square feet of non-residential space equals one equivalent dwelling unit. Auto-Oriented Uses (as defined in Article 10) do not count toward the required percentage of non-residential uses for purposes of this subsection.

F.

Proposed uses that are subject to a Master Plan that includes the subject property may be counted toward the residential or non-residential uses required by this subsection.

Such lots are referred to below as "Small Lots."

(2)

Exemptions. Small Lots are exempt from the following subsections of this section: (b) (Uses, Densities/Intensities and Land Allocation), (c)(4) (Open Space/Civic Spaces), and (c)(7)(Streets).

(3)

Generally. Small Lots are subject to all standards of this section that are not referenced in subsection (f) (2), above.

(Supp. No. 9, Ord. No. G-10-03, § 3, 4-11-10 as previously amended under Supp. No, 4, Ord. No. G-07-3, § 4, 1-4-07; Supp. No. 10, Ord. No. G-11-12, § 1, 5-27-12; Supp. No. 10, Ord. No. G-12-19, § 1, 5-27-12; Ord. No. G-13-24, § 1, 10-3-13; Ord. No. G-15-02, § 1, 1-15-15; Ord. No. G-23-11, § I, 6-15-23)