1. MU zone. The purpose of the MU zone is to provide areas in the city for mixed use development with a diversity of residential, office and low-impact commercial uses.
2. MU-2 zone. The purpose of the MU-2 zone is to allow the mixing of residential and nonresidential uses on the same site and/or within the same building so people can live and work in close proximity; to create economic and social vitality and decrease automobile dependency by encouraging alternate forms of transportation, such as walking, bicycling and transit.

(Code 2023, § 10-14-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall apply to real property located in mixed use zones as shown on the official zoning map.

(Code 2023, § 10-14-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter, including uses, are defined in HCC chapter 10-3.

(Code 2023, § 10-14-3; Ord. No. 2017-54, 12-13-2017)

1. Permitted and conditional uses. Permitted and conditional uses allowed in mixed use zones shall be as set forth on the table of uses in HCC chapter 10-16. Permitted and conditional uses are indicated by "P" or "C," respectively. Uses not permitted are indicated by an empty box.
2. Accessory uses. Permitted and conditional uses set forth in HCC chapter 10-16 on the table of uses shall be deemed to include accessory uses and activities customarily associated with and incidental and subordinate to a permitted or conditional use, subject to applicable provisions of this title.
3. Prohibited uses. Any use not shown on the table of uses shall be prohibited unless the community development director determines the use is substantially the same as a permitted or conditional use as provided in HCC 10-5-9.
4. Businesses and uses; conditions. The stores, shops or businesses designated in this chapter shall be retail establishments only and shall be permitted only under the following conditions:
   1. Such business shall be conducted wholly within an enclosed building, except for the parking and servicing of automobiles.
   2. All products, whether primary or incidental, shall be sold at retail on the premises.
   3. All uses shall be free from objection due to odor, dust, smoke, noise, vibration, or similar causes.
   4. No large box retail is allowed.

(Code 2023, § 10-14-4; Ord. No. 2017-54, 12-13-2017)

1. Generally. The use and development of land located in mixed use zones shall be approved according to applicable administration and development review procedures set forth in HCC chapter 10-5.
2. Site plan approval. Any development in mixed use zones shall be subject to approval of a site plan as provided in HCC 10-5-11.
3. Conditional use approval. The conditional use permit procedure set forth in HCC chapter 10-5 shall be applied to all development in mixed use zones.
4. Ownership. All mixed use development shall be under unified control at the time of application and shall be planned and developed as a whole to provide for full supervision and control of the development, and to ensure conformance with these provisions and all conditions imposed upon the preliminary and final development plans.
5. Master plan required for MU-2 zone. All development in the MU-2 zone shall require submission of a master plan for review by the planning commission.
   1. The master plan review shall include, but not be limited to, architectural design and theme, building materials, lighting, signage, landscaping, parking, vehicular, bike and pedestrian access and paths, accessory structures, nuisance factors and natural and man-made hazards. The conditional use permit procedure set forth in HCC 10-5-10 shall be used to approve the master plan.
   2. The master plan shall cover at least 15 acres and shall establish where residential and nonresidential uses will be located and the compatibility of adjacent uses in the development. The master plan should create natural buffering through the location of compatible uses and should include the following elements:
      1. Building orientation, size, and type;
      2. A land use plan that determines where residential, commercial, and other uses will be located;
      3. Identification of buffering, screening, or distance used to mitigate possible noncompatible uses;
      4. Parking areas and vehicle access to the site;
      5. Engineering issues, including grading, drainage, sewer, and other utilities; and
      6. Compatibility with uses on adjacent properties.
6. Phasing of development. Any mixed use development proposed to be constructed in phases shall include the full details relating thereto, including a time schedule for the completion of each phase. The commercial component shall begin construction prior to 25 percent of the residential units being completed, unless the planning commission approves a different phasing requirement at the time of plan approval. For all mixed use projects, required open space shall be completed according to a phasing plan approved with the mixed use development.

(Code 2023, § 10-14-5; Ord. No. 2017-54, 12-13-2017)

1. Generally. The use and development of land located in mixed use zones shall conform to the standards set forth in this section and in HCC 10-14-7, chart 10-14, except as may be authorized by another provision of this title.
2. Design criteria. All commercial development within a mixed use zone shall comply with the design criteria set forth in an approved and applicable master plan. When a building has residential and nonresidential uses located in the same building, the more restrictive criteria shall apply.
3. Mix of uses. All mixed use development shall include residential and nonresidential uses. No one land use type should occupy more than 70 percent of a site. This determination shall be made by calculating the square footage or acreage of each use, as determined in the master plan approval.
   1. Mixed use development may include vertical mixed uses (i.e., any combination of compatible uses in a single structure) or horizontal mixed use (i.e., any combination of compatible uses arranged side by side on a single site).
   2. Mixed use buildings with residential uses planned for the second story and higher shall have retail, commercial, or office uses on the ground floor. Lobby areas serving upper story residential uses may also be located on the ground floor, provided that such lobby areas occupy less than 50 percent of the available floor space. All nonresidential ground floor uses shall be compatible with residential uses.

(Code 2023, § 10-14-6; Ord. No. 2017-54, 12-13-2017)

To the extent that use and development of land located in mixed use zones includes any matter governed by other applicable regulations set forth in this title, such regulations shall apply in addition to the requirements of this chapter.

CHART 10-14. MIXED USE ZONE DEVELOPMENT STANDARDS

1. Minimum lot area and width.
   
   

   Zone	Lot Area	Lot Width
   MU	None	None
   MU-2	None	None

2. Minimum yard all buildings.
   
   

   Zone	Front Yard	Side Yard	Rear Yard
   		None, except as follows:	None, except as follows:
   MU	20 feet	Side yard adjacent to agricultural or residential zone boundary: 20 feet unless reduced by the planning commission based on surrounding existing and possible future uses	Rear yard adjacent to lot or parcel in agricultural or residential zone: 30 feet
   		Corner lot: 20 feet
   MU-2	8 feet	Determined as part of master plan	None

3. Maximum building height.
   
   

   Zone	All Buildings
   MU	35 feet
   MU-2	45 feet

4. Lot coverage of all buildings.
   
   

   Zone	Maximum Coverage
   MU	40% of lot or parcel
   MU-2	60% of lot or parcel

5. Development density.
   
   

   Zone	Maximum Residential Density
   MU and MU-2	Residential and nonresidential uses in separate buildings: 10 units per acre (based on the percent of acreage being used for residential)	Residential and nonresidential uses located in same building: 15 units per acre

(Code 2023, § 10-14-7; Ord. No. 2017-54, 12-13-2017)