Chapter 9-30
MXU MIXED USE DISTRICT Amended Ord. 2024-1

Sections:

9-30.010    Purpose and intent.

9-30.020    Permitted uses.

9-30.030    Applicable areas.

9-30.040    Development standards. Amended Ord. 2024-1

9-30.050    Precise plan required.

9-30.060    Precise plan binding.

9-30.070    Special standards.

9-30.080    Outdoor storage.

9-30.090    Towing facilities – Indoor vehicle impound and indoor towing service business.

9-30.010 Purpose and intent.

The purpose and intent of the mixed use district is to provide for areas where a variety of goods and services can be obtained within an overall planned environment. This zone permits commercial, recreational, light industrial, and high density residential uses. (Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.010)

9-30.020 Permitted uses.

Table 9-30.020 identifies the permitted uses, and accessory uses within the district. Uses in the table are permitted subject to the permit criteria referenced. Any use not included shall be considered prohibited.

Table 9-30.020
MIXED USES 

Uses

Permitted

Accessory

Reference

Administrative office

P

 

 

Ambulance service

S

 

 

Animals/pets

♦

 

See Chapter 9-56

Arcade, game

C

 

 

Athletic field

S

 

 

Bar, tavern, cocktail lounge

S

 

 

Boarding house

S

 

 

Caretaker’s quarters

 

P

 

Carnival/fair/circus

T

 

 

Car wash

C

 

 

Cemetery, mausoleum

C

 

 

Church/temple

S

 

 

College

C

 

 

Commercial recreation

C

 

 

Communication facility

♦

 

See Chapter 9-58

Community care facility

♦

 

See Chapter 9-64

Community center

C

 

 

Conference/convention facility

C

 

 

Construction office

T

 

 

Convenience store

S

 

 

Day care center

♦

 

See Chapter 9-64

Department store

S

 

 

Drainage facility

 

P

 

Drive-thru

C

 

 

Dwelling, multiple-family

C

 

 

Dwelling, single-family attached

S

 

 

Emergency shelter

P

 

See Chapter 9-64

Equipment rental

C

 

 

Finance institution

S

 

 

Fire/police station

C

 

 

Fortune telling

S

 

 

Fraternal organization

P

 

 

Funeral home/mortuary/crematory

C

 

 

Game court

 

♦

See Chapter 9-70

Gas station

C

 

 

Golf course/driving range

C

 

 

Government facility

C

 

 

Green house

P

 

 

Health club

S

 

 

Heliport

C

 

 

Hospital

C

 

 

Hotel/motel

C

 

See Chapter 9-11

Industry, light manufacturing

S

 

 

Industry, service

S

 

 

Kennel

C

 

See Chapter 9-56

Library, private

S

 

 

Library, public

S

 

 

Liquor store

S

 

 

Mini-warehouse

C

 

 

Massage establishment

P♦

 

See Chapter 4-28

Mobilehome park

C

 

 

Motion picture theater

C

 

 

Nightclub

C

 

 

Office/business/medical/headquarters/ professional

S

 

 

Outdoor event

T

 

 

Outdoor sale

T

 

See Chapter 9-62

Outdoor storage

 

♦

See Chapter 9-30

Park, public/private

S

 

 

Performing arts center

C

 

 

Public transportation uses

S

 

 

Recreation facility, private

C

 

 

Recreational vehicle storage, public

C

 

 

Recycling center

C

 

 

Recycling event/facility

♦

 

See Chapter 9-82

Research and development

P

 

 

Restaurant

S

 

 

Restaurant, fast food/drive-thru

C

 

 

Restaurant, fast food/no drive-thru

S

 

 

Retail/service business

S

 

 

School, commercial

C

 

 

School, private

C

 

 

School, public

C

 

 

Senior center

C

 

 

Single-room occupancy housing

C

 

See Chapter 9-72

Swim club

C

 

 

Tennis club

C

 

 

Towing facilities – indoor vehicle impound and indoor towing service business – (indoor only)

C

 

See Section 9-30.090

Truck terminal

C

 

 

Vehicle body repair, paint or restoration

C

 

See Chapter 9-40

Vehicle leasing/rental

S

 

 

Vehicle repair

S

 

See Chapter 9-40

Vehicle sales

S

 

 

Veterinary clinic

C

 

 

Warehouse/sales outlet

S

 

 

Warehouse/storage and distribution

S

 

 

Waste management facility

♦

 

See Chapter 9-82

Wholesale nursery

S

 

 

Note:    Use is permitted subject to issuance of:

C = Conditional use permit (CUP)

S = Site development permit (SDP)

T = Temporary use permit (TUP)

P = Permitted

♦ = Special requirements

(Ord. 2017-4 § 6; Ord. 2014-3 § 3 (Exh. A (part)); Ord. 2012-5 § 13; Ord. 2011-4 § 1 (Exh. A (part)); Ord. 2005-3 § 2 (Exh. B (part)): Ord. 2003-6 Exh. A (part); Ord. 98-8 § 2 (part): prior code § 9-18.020)

9-30.030 Applicable areas.

The regulations and standards contained in this section shall apply to all properties designated as mixed use on the city zoning map. (Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.030)

9-30.040 Development standards. Amended Ord. 2024-1

Table 9-30.040 provides standards that apply to developments within the mixed use district regardless of the specific use.

Table 9-30.040
MIXED USE DEVELOPMENT STANDARDS

Item

Commercial

Residential (HDR only)

Minimum lot size

10,000 sq. ft.

7200 sq. ft.

Minimum lot width

50 ft.

60 ft.

Minimum lot depth

100 ft.

100 ft.

Maximum lot coverage

50%

40%

Maximum density

.38 FAR

20 DUs/AC

Maximum building height

40 ft.

35 ft.

Minimum setback—front:

Parking lot

Parking structure

Building


10 ft.

20 ft.

20 ft.


20 ft.

20 ft.

20 ft.

Minimum setback—side (interior)

10 ft.

5 ft.

Minimum setback—street side

15 ft. (parking lot 10 ft.)

15 ft.

Minimum setback—rear

15 ft.

20 ft.

Minimum open space:

Public

Private


N/A

N/A


N/A

35%

Minimum landscape coverage

15%

30%

Minimum building separation:

Main→Main

Main→Accessory

Accessory→Accessory


10 ft.

2.5 ft.

2.5 ft.


10 ft.

2.5 ft.

2.5 ft.

Parking

See Chapter 9-44

 

Signage

See Chapter 9-42

 

(Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.040)

9-30.050 Precise plan required.

Developments which seek to incorporate a mix of uses shall be approved through a precise plan of development. A precise plan, unlike a specific plan, is limited to a single property or limited group of contiguous properties rather than a geographic area, and incorporates the standards for design and zoning within the adopted development code rather than creating specific standards. It is more precise than a site plan in that it regulates the exact mix of uses within the project. Such a process assists the community to assess potential impacts from the project and to provide a balance of uses and purposes that promote community image, reduce undesirable environmental consequences and improve the fiscal abilities of the city to meet locally expressed needs.

Requirements for precise plans are contained in Chapter 9-92. (Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.050)

9-30.060 Precise plan binding.

A precise plan, upon approval, shall be binding upon all owners and tenants for which the plan is developed and shall be binding upon all heirs, successors, and assignees. An agreement shall be required and recorded to evidence the precise plan. (Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.060)

9-30.070 Special standards.

Design of mixed use projects shall require that each project incorporate the following special considerations. Specifications and standards adopted by the city for these items shall be considered in the design and development of the mixed use area:

A.    Transit support facilities;

B.    Transportation demand control measures;

C.    Public plazas, landscape areas, water features;

D.    Pedestrian facilities. (Ord. 2005-3 § 2 (Exh. B (part)): Ord. 98-8 § 2 (part): prior code § 9-18.070)

9-30.080 Outdoor storage.

Outdoor storage shall be permitted as an accessory use, subject to the following provisions:

A.    A site development permit is required for outdoor storage as an accessory use.

B.    A dimensioned site plan shall be submitted to the Community Development Director for review and approval, which demonstrates compliance with parking, landscaping, and all related code requirements.

C.    Outdoor storage and similar activities associated with permitted uses shall be entirely enclosed by building walls or by a solid wall and/or gate a maximum of six feet in height.

D.    Outdoor storage is prohibited in the front setback.

E.    Outdoor storage, and screening for outdoor storage, is prohibited in required parking stalls.

F.    Items stored or stacked shall not be higher than six feet.

G.    The Community Development Director shall have the authority to review and approve minor exceptions or alternatives consistent with the intent of this section. (Ord. 2005-3 § 2 (Exh. B (part)))

9-30.090 Towing facilities – Indoor vehicle impound and indoor towing service business.

Towing facilities – indoor vehicle impound and indoor towing service business (indoor only), as defined in Section 9-04.200 (“T” Definitions), are permitted with approval of a conditional use permit in the mixed use zoning district subject to the following requirements:

A.    No indoor vehicle impound and indoor towing facility shall be closer than one thousand (1,000) feet to any residential or hotel property, as measured from property line to property line.

B.    The indoor vehicle impound and indoor towing facility operations shall occur entirely within an enclosed building. If temporary parking of tow trucks occurs outside of the building while the tow trucks are awaiting deployment, parking is prohibited within required parking stalls, and the parking area shall be screened by a six-foot-high decorative masonry wall, landscaped hedge, or combination thereof. Open fencing, including chain link and wrought iron, shall not constitute adequate screening.

C.    The indoor vehicle impound and indoor towing facility business shall be operated in compliance with all provisions of Chapters 9-40 (Design Regulations and Standards) and 9-74 (Property Maintenance). Although outdoor storage shall be permitted as an accessory use, subject to Section 9-30.080 (Outdoor storage), outdoor storage of vehicles is prohibited.

D.    All indoor vehicle impound and indoor towing facilities shall provide adequate internal circulation for the movement of vehicles, and safe ingress and egress points from buildings and public streets. (Ord. 2017-4 § 7)