The purpose of the Mixed Use (MU) zoning district is to facilitate the integration of diverse but compatible uses into a single development, with the goal of creating a community with more diverse development types providing a broader range in residential and commercial choices. Developers are encouraged to offer ownership potential such as a condominiums for both commercial and residential uses. The MU zoning district shall be applied as an overlay zone in the R-M, GC, CC, and LI zoning district where specifically approved. The uses permitted in the underlying district shall be a priority. Where the use of this district is desired in a location that is not zoned R-M, GC, CC, or LI, a rezone of the underlying zone to a qualifying district must accompany the request for the use of this overlay.

The flexibility in use provided by this zone should help promote "live, work, and play" opportunities within the City while creating an appropriate transition from surrounding development. A mixed use project can utilize 'horizontal mixed use where commercial, office and residential uses are designed as a single project yet constructed in phases for separate and distinct building footprints. A mixed use project may also employ 'vertical' design strategies where commercial, clean industrial, office and residential uses are designed as a single project and constructed within the same footprint.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)

All applications and project proposals to include a property within the MU zone shall be submitted with information and a written narrative indicating compatibility with:

1.

The Kaysville City General Plan.

2.

The Kaysville City Zoning Ordinances.

3.

The purpose of the MU Zone.

4.

Sound planning practices.

5.

Surrounding land-uses.

6.

All other City-approved studies and plans.

All projects within the MU zone shall be approved through a Development Agreement (DA) with sufficient project details to show compatibility with the items above by providing at a minimum:

1.

A site plan.

2.

A landscape plan.

3.

An amenities plan.

4.

Conceptual building elevations and design schemes.

5.

Streetscape and building setback diagrams.

6.

A traffic study as required by the Public Works Department.

7.

A circulation plan and parking study as required by the Public Works Department justifying the amount of off-street parking being provided if shared parking or parking reduction are proposed.

8.

The number, unit types, and general land use categories of building square footage proposed in the mixed use project shall be specified and enumerated in the site and concept plans shall accompany the Development Agreement. The City may deny any zone map amendment or development proposal that does not comply with any of these criteria.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)

The allowed uses within a project are as follows:

1.

When applied in the R-M zoning district:

a.

The following shall be considered Permitted Uses:

i.

Multiple-family dwellings, but where the R-M zone limits the number of dwellings to no more than one (1) dwelling per two thousand eight hundred (2,800) square feet of property, the MU Zone has no maximum residential density prescribed. Instead building form, height, site envelope, yards, open space standards and parking ratios will determine the number of allowable units.

ii.

Offices.

iii.

Retail sales and services.

iv.

Sale of beer for consumption on the premises of a full-service restaurant, limited-service restaurant, beer-only restaurant, banquet or reception center.

v.

Sale of liquor for consumption on the premises of a full-service restaurant, limited-service restaurant, banquet or reception center.

vi.

Amusement and entertainment facilities.

vii.

Motels or hotels.

b.

Adequate commercial space within the project shall be provided. The final proportion of commercial square footage and residential square footage will be determined based on specific characteristics of the project site and shall be approved by the City Council in a DA. Minimum guidelines for commercial space include:

i.

Ground floor commercial is required on buildings which front arterial and collector streets.

ii.

A minimum of thirty percent (30%) of the combined total of the square footage for all buildings in the project shall be commercial space.

iii.

Parking shall not be counted towards commercial space requirement.

c.

As determined by the DA, commercial buildings may be required to be built before or at the same time as residential development.

2.

When applied with the GC and CC zoning districts:

a.

The following shall be considered Permitted Uses:

i.

Multiple dwellings with no maximum residential density prescribed. Instead building form, height, site envelope, yards, open space standards and parking ratios will determine the number of residential units allowed.

ii.

Retail sales and services.

iii.

Offices.

iv.

Motels and hotels.

v.

Sale of beer for consumption on the premises of a full-service restaurant, limited-service restaurant, banquet or reception center.

vi.

Sale of liquor for consumption on the premises of a full-service restaurant, limited-service restaurant, banquet or reception center.

vii.

Amusement and entertainment facilities.

viii.

Minor home occupations as specified in KCC 17-26.

ix.

Major Home Occupation 'C' as specified in KCC 17-26.

x.

Private swimming pools as specified in KCC 17-31-9.

xi.

Accessory uses and accessory buildings customarily appurtenant to a permitted use as specified in KCC 17-31-2.

b.

Adequate commercial space within the project shall be provided. The final proportion of commercial square footage and residential square footage will be determined based on the specific characteristics of the project site and shall be approved by the City Council in a DA. Minimum guidelines for commercial space include:

i.

Ground floor commercial is required on buildings which front arterial and collector streets.

ii.

A minimum of thirty percent (30%) of the combined total of the square footage for all buildings in the project shall be commercial space.

iii.

Parking shall not be counted towards commercial space requirement.

3.

As determined in a DA, commercial buildings may be required to be built before or at the same time as residential development.

4.

When applied with the LI zoning district:

a.

The uses allowed within the underlying zone and the following shall be considered Permitted Uses:

i.

Multiple dwellings. No maximum residential density prescribed. Instead building form, height, site envelope, yards, open space standards and parking ratios will determine the number of units allowed.

ii.

Light industry/research uses as specified in KCC 17-23.

iii.

Retail sales and services.

iv.

Offices.

v.

Amusement and entertainment facilities.

vi.

Minor home occupations as specified in KCC 17-26.

vii.

Major Home Occupation 'C' as specified in KCC 17-26.

viii.

Private swimming pools as specified in KCC 17-31-9.

ix.

Accessory uses and accessory buildings customarily appurtenant to a permitted use as specified in KCC 17-31-2.

b.

Adequate light industrial and/or commercial space within the project shall be provided. The final proportion of light industrial or commercial square footage and residential square footage will be determined based on the specific characteristics of the project site and shall be approved by the City Council in a DA. Minimum guidelines for commercial space include:

i.

Ground floor commercial is required on buildings which front arterial and collector streets.

ii.

A minimum of thirty percent (30%) of the combined total of the square footage for all buildings in the project shall be for clean/light industrial space or commercial space.

iii.

Parking shall not be counted towards commercial space requirement.

5.

Phasing shall be determined by the Development Agreement but generally required commercial space will be constructed before or at the time as residential space.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-01-01, 1/5/2023; Ord. 23-03-01, 3/2/2023)

To be applied to all underlying zoning districts: Unless expressly permitted, all other uses that are incompatible with this purpose of this Chapter, including short term rentals (occupancy of residential unit for less than 30 days), public utility substations not owned by the City and storage units are not allowed. Detached, single-family dwellings are not allowed. Sexually oriented businesses are prohibited.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)

1.

The following shall apply in lieu of the height restrictions of the underlying zoning district.

a.

The main floor of any building fronting an arterial tor collector street shall have a minimum ceiling height of twelve feet (12').

b.

No building which is exclusively or primarily for residential use shall exceed thirty-five feet (35') in height, subject to the following exceptions:

i.

Elements that meet exceptions found in KCC 17-25-2.

ii.

Any portion of a building within fifty feet (50') of a residential dwelling shall not exceed thirty feet (30') in height excepting if there is a public road between the residential district and the building.

iii.

No accessory building, including any detached accessory dwelling shall exceed the height of the main dwellings(s) on the property.

iv.

No main building shall be less than thirteen feet (13') in height.

v.

No accessory building shall be less than ten feet (10') in height.

vi.

Buildings which are exclusively used for commercial purposes shall not exceed four (4) stories and shall not exceed fifty feet (50') in height.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)

1.

The lot and yard requirements shall be those of the underlying zoning district. However, variations to setbacks may be determined through the DA. Generally, setbacks are to be determined based on the use of the building.

2.

Commercial buildings shall have the setbacks set forth in the GC or CC zone.

3.

Industrial buildings shall have the setbacks required in the LI zone.

4.

Flag lots are not permitted.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)

The following shall be the base standard for review of any project. Variations to the standards outlined may be altered by specific approval of the City Council in a Development Agreement when demonstrated that alternate standards are superior to those listed within this Chapter.

1.

Compatibility and Review.

a.

All uses and structures shall be sited and designed to be compatible with one another and surrounding development. To determine compatibility, a review, including, but not limited to, the following characteristics of the uses and structures shall be conducted by Community Development Department staff relative to other affected uses and structures: location, orientation, operation, architecture, massing, scale, and visual and sound privacy.

2.

Building Placement and Orientation Standards.

a.

It is the intent of this Section to ensure that new development is pleasant and inviting to pedestrians by placing buildings closer to the street and where primary building entrances are visually prominent and easily accessible. Developments shall demonstrate best practices in urban design principles by enhancing the streetscape consistent with the General Plan and any small area plans specific to the proposed location.

b.

In cases where it is not practical or possible to orient buildings to streets, the intent of these standards is to use a combination of setbacks, low-level screening and building materials and design variation to soften the visual impact of side or rear facing facades and to create street frontages that are inviting and pleasant for residents and passersby.

c.

Buildings and their primary entrances shall be oriented to streets or common courtyards unless prohibited by unique site conditions.

d.

No more than thirty percent (30%) of the frontage of any lot shall be occupied by any combination of parking, driveways and lanes. The predominant visible development from the street shall be buildings or landscaping.

i.

Side yards unoccupied by that exceed fifteen feet (15') in width located adjacent to another side yard that exceeds fifteen feet (15') in width should be avoided unless the areas are to be used as a unified public gathering area or courtyard;

ii.

The percentage of building frontage required along the lot width may be reduced to accommodate site plan approved pedestrian plazas located between buildings.

3.

Building Design Criteria.

a.

Where applicable, such as the GC and CC zoning districts, the following shall apply in addition to the Kaysville City Commercial Building Design requirements of KCC 18-5. The following are also applicable for projects in the R-M zone.

i.

Entrances shall be accessible to the public as a regular building entry from the public sidewalk.

ii.

The street level floor elevation should match the elevation of the sidewalk at the front of the building as closely as possible to facilitate accessibility and primary street orientation.

iii.

Detailing at intervals of thirty feet (30') shall be provided to break up expanses of blank walls with no openings. Additionally, walls with no openings shall be set back from the public right-of-way a minimum of fifteen feet (15') and buffered with landscaping. Landscaping shall include trees spaced at thirty foot (30') intervals and at least one (1) row of additional plants and/or shrubs. For every seventy-five feet (75') in building length along the street frontage or adjoining a Residential Zone, the design shall include at least one (1) significant break in the vertical wall plane with a minimum depth of at least five feet (5'), a minimum length of at least twenty feet (20'), and running the full height of the building.

iv.

Fenestration:

(1)

A minimum of fifty percent (50%) fenestration is required on the street level of all street facing facades. Street level is considered to be between two feet (2') and ten feet (10') on these street types. Upper stories shall have a minimum of thirty percent (30%) fenestration for each story;

(2)

Windows of tinted or reflective glass may not be located between two feet (2') and eight feet (8') above the sidewalk grade on street facing facades.

4.

Open Space Requirements and Amenities.

a.

To support the residential component of each project, there shall be provided amenities that are commensurate with the type of development and scale of project being proposed. The developer shall demonstrate how the proposed amenities meet the needs of residents and how they will be maintained.

b.

Functional, improved open space shall be provided within each development as required by the DA. Open space can include such things as plazas, paseos, walking trails, amphitheaters, community gardens, water features, playgrounds, seating areas, pavilions, etc.

c.

The use of front yard areas for buildings that have nonresidential uses on the ground floor shall be oriented toward the pedestrian and shall include related amenities such as entrance walks, stairs, ramps, plazas, benches, bike racks, raised flower boxes or other such features.

5.

Parking and Circulation.

a.

Projects shall provide safe and attractive pedestrian and bicycle connections to building entries and public sidewalks.

b.

Off-street parking for vehicles shall not occupy any space located between the building and the primary street and the secondary street where applicable for a corner lot. Parking areas located to the side of structures shall be located a minimum of ten feet (10') back from the back of the adjacent sidewalk. The space between the parking and the walk in this instance shall be landscaped to help screen the parking area.

c.

The site shall be configured and landscaping provided so as to minimize the visual impacts of parking areas, parking structures and residential garages on streets, open spaces and adjoining developments.

i.

Where an off-street parking lot is visible from the street in a side yard, it shall be screened by either a two foot (2') tall screen wall or eighteen inch (18") seat wall located between the parking lot and the sidewalk. Where a parking lot is adjacent to a residential use, a three foot (3') screen wall and landscaping, sufficient to screen up to the headlight level of vehicles, shall be located between the residential use and the parking lot.

d.

Amount of Parking Required:

i.

Commercial Parking Requirements:

(1)

Minimum number of stalls based on use type.

ii.

Residential Parking Requirements:

(1)

Studio Units - 1 parking stall/unit.

(2)

One Bedroom Units - 1.5 parking stalls/unit.

(3)

Two Bedroom Units - 2 parking stalls/unit.

(4)

Three Bedroom or larger Units - 2.5 parking stalls/unit.

iii.

Parking Reductions:

(1)

Shared Parking: The city may allow for shared parking and time of use parking scenarios to count towards required parking stalls. Parking reduction and shared parking requests shall be accompanied by a parking analysis and parking proposal provided by the developer.

(2)

Transit Based Parking Reductions: The number of parking stalls may be reduced by up to ten percent (10%). Reduction requests shall be accompanied by a parking analysis for the development and shall include information specific to the proposed uses in the development. The study shall include ridership information for the relevant transit stop including boarding and alighting data.

(A)

Ten percent (10%) within 1/8 mile of transit stop.

(B)

Five percent (5%) within 1/4 mile of transit stop.

(C)

Additional reduction up to two (2) stalls for including bike racks, board, scooter, drone pads, or motorcycle stalls on site for use of residents and the public.

6.

Curb Management.

a.

Projects shall include a sufficient plan and appropriate curb management facilities to accommodate delivery vehicles and trucks, ride share access, moving trucks and postal delivery.

7.

Connectivity.

a.

Connectivity throughout the area is critical for the mixed use nature of the area to function as a pedestrian oriented environment. Connectivity will be evaluated for multiple modes of travel, including pedestrian and bicycle.

8.

Traffic Access and Management Analysis Study.

a.

A traffic study shall be provided demonstrating safe ingress and egress to the proposed project and identifying measures or improvements to mitigate impact on traffic and adjacent properties.

9.

Sidewalks.

a.

Sidewalks shall be provided on both sides of each motorized street unless otherwise approved by the Public Works Department.

10.

Alleys.

a.

Alleys are allowed in any mixed use district in this Chapter to minimize curb cuts and provide common access to parking and service areas behind buildings. Alleys should be generally oriented so that they are parallel to the primary street to which they serve. Alleys may be incorporated as drive aisles for rear parking lots or as a fire access. However, alleys shall not be considered a fire access unless specifically approved as such by the City Fire Department and the pavement width and durability/longevity design meets city standards.

11.

Signs.

a.

Signs within the mixed use district shall comply with other city sign standards and any applicable rules of the underlying zoning district.

b.

In addition to signs permitted in the R-M zone by KCC 17-33, wall signs not to exceed fifteen percent (15%) of the façade of a building are permitted. EMC signs are prohibited.

(Ord. Mixed Use Zoning District Overlay, 8/19/2021; Ord. 23-03-01, 3/2/2023)