Garden City City Zoning Code
MUO MIXED
USE OVERLAY DISTRICT
§ 154.340 PURPOSE.
(A) The intent of the MUO Mixed Use Overlay District is to accommodate a mix of commercial and residential uses on a single lot and/or building. Mixed use sites function as a transition from sites that are exclusively commercial uses to the higher-density, mixed uses that are permitted within the Central Business District. Office, personal service and retail commercial uses that are compatible with residential uses are envisioned to be located on the same lot to create additional development options for property owners. The Mixed Use Overlay is a permissive alternative for owners and is not a requirement.
(B) This district encourages the creation of corridors and sites in the city with greater pedestrian-scale interaction between businesses and residents. Mixed use sites will allow property owners a wider variety of development opportunities while creating unique types of housing alternatives for new and existing residents. Businesses will have an increased customer base by having more residents in close proximity to their location. Residents will have more opportunities to walk, rather than drive, to conduct business in the city.
(Ord. 22-001, passed 1-24-22)
§ 154.341 OVERLAY DISTRICT ESTABLISHED.
The MUO Mixed Use Overlay District is a mapped zoning district that overlays the C-1 and C-2 zoning districts along specific corridors or intersections. The MUO district is shown on the City Zoning Map. Any reference to the overlay district means the MUO district requirements, while any reference to the underlying zoning district means that standard zoning district over which the MUO district is overlaid. The MUO district establishes specific dimensional and design standards that replace any similar standard from any other article, chapter, or section of this zoning ordinance that apply in the underlying zoning district.
(Ord. 22-001, passed 1-24-22)
§ 154.342 PERMITTED USES AND STRUCTURES.
(A) Principal uses and structures. In all areas zoned MUO Mixed Use Overlay District, no building shall be erected, used, or structurally altered, nor shall the land or premises be used, in whole or in part, except for one or more of the following principal permitted uses. Any combination of the following principal uses may be located on the same lot and within the same building when in compliance with all applicable ordinance requirements, except for those uses cited below.
(1) (a) Property in the MUO Mixed Use Overlay may be used in accordance with the uses that are permitted by right or by special land use approval in the underlying zoning district, except as cited below. All land uses proposed or expanded within the MUO District shall follow the site plan and special land use application and review standards specified in §§ 154.400 et seq. and §§ 154.415 et seq., as required.
(b) Any property currently occupied or proposed to be occupied by any of the following uses shall not be permitted to establish another use on the property:
1. Automobile or vehicle sales;
2. Automobile repair and filling stations;
3. Automobile or vehicle rental establishments;
4. Car wash establishments;
5. Drive-in establishments;
6. Fast-food or drive-through restaurants;
7. Regulated uses.
(2) Other uses not specifically listed in this chapter, after determination by the Zoning Administrator that the use is similar to other permitted uses in this district or the underlying zoning district.
(3) Townhouses and multiple-family dwellings only when located above a commercial use.
(4) Live-work uses only when the work shop or retail area is located on the ground floor and in the front of the building, and the residential living area is located to the rear or a floor above the work shop or retail area.
(5) Accessary structures and uses customarily incidental to the above permitted uses.
(1) Financial institutions with a single drive-through window;
(2) Fast-food restaurants with a single drive-through window;
(3) Hotels;
(4) Child care centers.
(Ord. 22-001, passed 1-24-22)
§ 154.343 DEVELOPMENT STANDARDS.
(A) Required conditions. Unless otherwise noted, buildings and uses in the MUO Mixed Use Overlay District shall comply with the following requirements.
(1) Mixed use buildings shall be designed to the following standards.
(a) Building materials on the front facade, exclusive of window and door areas, shall be comprised of at least 50% standard-size brick and 25% other masonry-type products. Smooth or flat face concrete masonry units are prohibited, unless approved as part of the overall facade in the building review process.
(b) Building materials on the side and rear facades shall be select and high-quality, reducing maintenance requirements.
(c) Roofs shall contain a variety of peaks, gables or dormers to break long, monotonous roof lines.
(d) Facades shall be traditional, offering a variety of architectural features such as window openings, entrance features (porches) and unique elements.
(e) Garages, if any, shall be built to the rear of the primary structure, screened from road rights-of-way.
(2) All business, services, or processing, except off-street parking and loading, shall be conducted within a completely enclosed building, unless otherwise specifically permitted.
(3) There shall be no outside storage of any goods, inventory, or equipment.
(4) Warehousing and/or indoor storage of goods or material, beyond that normally incidental to the above permitted uses, shall be prohibited.
(5) Parking shall be permitted in the rear yard only.
(6) Vehicular access shall be provided at the rear or side of the lot when possible to minimize curb cuts on busy thoroughfares.
(7) Pedestrian paths and interior sidewalks shall be provided and connect to the city’s sidewalk system.
(8) All sites shall be maintained in compliance with the open space and landscaping requirements of § 154.082. Open space shall be provided for the enjoyment, use and recreation of the development’s residents when feasible.
(B) Site plan review. Site plan review and approval is required for all uses in the MUO Mixed Use
(C) Area, height, bulk, and placement requirements. Buildings and uses in the MUO Mixed Use Overlay District are subject to the area, height, bulk, and placement requirements in Appendix A, Schedule of Regulations.
(Ord. 22-001, passed 1-24-22)