Community Choices

Mixed Use Development

What Is Mixed Use Development?
Mixed-use development refers to a tract of land or structure with more
than one type of use (such as a mix of office, retail, residential, entertainment, cultural,
recreation, etc.), all of which are physically and functionally integrated and are mutually
supporting.

Many local governments in the Greater Cincinnati region do not provide for true mixed-use
development options. Compact, higher intensity, pedestrian-oriented, mixed uses consume less
land, and can cost less for supporting roads, utilities, housing, and for other fiscal impacts, such
as infrastructure maintenance. For example, compact development requires less infrastructure
investment for pavement and pipe for water and sewer, which can also affect housing costs.
Similarly, residents of mixed-use developments my have shorter trips to grocery and hardware
stores, healthcare, restaurants, and jobs. This can translate into savings on transportation costs
since they can more easily travel by foot or bicycle.1

Development that includes a mix of integrated office, retail, residential, and civic uses should
occur throughout the region wherever feasible. These mixed-use centers – of a scale appropriate
to their surroundings – will concentrate uses support walking, biking and public transit, and
automobiles.

How Can Mixed Use Developments Be

Implemented Effectively? What are the Benefits of Mixed Use
Development?
A good first step to achieving community goals
in terms of mixed uses is to complete or update Mixed Use Development can…
a comprehensive plan. A comprehensive plan …broaden the tax base.
that contains measurable goals, objectives and …promote multi-modal transportation
policies addressing the appropriate location and options.
types of mixed use development is essential. …promote community centers.
Areas within a community that are served by …provide for varying densities and
adequate public facilities such as roadways, intensities to serve a diverse
water and sewer, can benefit from mixed use population.
development. Providing for development that …bring people closer to the things they
permits a range of land uses can enhance the use need on a daily basis.
…facilitate the efficient use of land.
of transit, pedestrian and bicycle facilities.
…preserve open space.
Complementary land uses that allow residents to
…increase job opportunity.
drop their kids at daycare, work out, and grab a …encourage transit use.
cup of coffee all in one stop will reduce the
number of single occupant vehicle trips.

A comprehensive plan’s goals, objectives, and policies of may lead to the revision of ordinances
to allow mixed-use development where appropriate. Additional market research will be
necessary to determine the proper mix of land uses that will be supported by the community and

1
Duncan, 1989; Frank, 1989; Burchell, 1992, cited in Smart Growth Network, 2000.

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that are appropriate for the site. How the use mix is accommodated at the small area-level will
also need to be determined, either by a mix of uses in one building or in adjacent buildings.
Additionally, characteristics of the community should be taken into consideration, such as
whether the area is urban, suburban, or rural, and how mixed use zoning will best apply, either
through the use of an overlay, a planned unit development or a stand-alone, by-right zoning
district.

If a mixed use development is to be built as infill, the surrounding existing uses will need to be
addressed. The goal of the mixed use area may be to provide for live-work opportunities, or to
create a town center atmosphere.2 Architectural design, compatibility, and connectivity may also
need to be addressed. Detailed inventory and analyses on these topics and the establishment of
community goals and objectives is essential to the success of a mixed use development.
Communities should tailor standards to their own political and economic contexts.

Comprehensive planning assists communities in determining where mixed use developments are
appropriate, and what land use mix is desired, and it is a necessary step in establishing zoning
regulations that protect the health, safety and welfare of the public.. Once the comprehensive
plan is in place to serve as guidance and a basis for future actions, then the community can move
forward in creating standards for reviewing mixed use projects. Establishing the community’s
goals and the foundation for development standards up front gives citizens and developers
certainty about the intent of their local government.

In order to ensure that a proposed development will meet the goals of a community, it is useful to
include a requirement and process for reviewing a concept plan of the development in the mixed
use zoning ordinance. These concept plans should include enough information for staff and the
developer to discuss any potential issues prior to the submittal of a zoning amendment or a
development plan. Details related to the conformance with the comprehensive plan, the land use
breakdown, development phasing, density or floor area ratios, vehicular and pedestrian access
and circulation, on site amenities, open space, landscaping and buffers, the location of existing
and proposed buildings as well as adjacent buildings and land uses, the provision of transit
facilities, parking and utilities, the capacity of infrastructure, signage, and lighting are all issues
that should be considered to maintain an orderly development that addresses the needs of the
community.

Incentives can also be used to promote mixed use development. Flexibility in the zoning
ordinance will be attractive to developers who may be cautious due to the perceived risk with
mixed use development. Providing for flexibility will enable any unanticipated site
characteristics or opportunities to be worked through.

Some communities use tax increment financing districts or other public private partnerships to
achieve design and development goals. Funding assistance, for example tax incentives or small
business loans, is an excellent incentive for developers who may be hesitant to invest in a mixed
use development.

2
Atlanta Regional Commission Quality Growth Toolkit: Mixed-Use Development

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What are some challenges of Mixed Use Development?
The compactness of a mixed use development provides a different atmosphere than many typical
suburban neighborhoods. There may be some initial resistance to the urban form that mixed use
development provides. Issues such as an increase in traffic and density or safety, , and others
related to compact development may raise concerns from neighboring residents. Compatibility
issues such as noise, traffic, and visual impacts between existing development and a new mixed
use development should be addressed in the zoning code. Taking the time to create consensus in
the community regarding the desired type and scale of development can help to reduce anxiety.

Ensuring the proper mix of uses can also be a challenge. Providing residential development
sufficient to support retail or providing employment opportunities for residents of the
development should be determined by the community’s goals. Parking should also be balanced
between uses. Retail and office uses, for example, see peak parking needs during different times
of the day. The use of shared parking to reduce impervious surfaces while still meeting the
needs of the businesses within the development should be examined.

Because of the perceived risk sometimes associated with mixed use development, such as the
sometimes lengthy construction schedules and the difficulty from lenders to underwrite and
provide loans for the project, it may be necessary to use specific techniques to stimulate
developer interest. Assistance with financing such as tax incentives or tax increment financing
investments and land assembly can encourage developers to undertake a mixed use development.
Additionally, a clearly written zoning code and streamlined permitting process allows developers
to know the expectations of the community up front, which can save them time and money.

Administration of a mixed use zoning may require more staff time than a typical development
review. Calculations of required use mix, parking, and traffic increases may be necessary.
Additionally, if flexibility is built into the mixed use zone, the determination or interpretation of
the proper amount and use of that flexibility will need to be completed.

Sample Regulations
This document contains sample portions of ordinances that address various topics specifically
related to mixed use development, including a purpose statement, use mix and dimensional
requirements, parking, and incentives. Typical mixed use zoning will also address other topics
that are customary in other zoning districts such as permitted uses, landscaping, screening and
buffering, signage, lighting, pedestrian and bicycle facilities, architectural design, access
management and circulation, and review processes. The language offered below highlights some
of the major topics to be addressed for mixed use development. (Additional standards for
architectural design, connectivity and height area and yard requirements can be found in other
OKI documents including Community Choices: Transit Friendly Development, Community
Choices: Connectivity and Community Choices: Large Scale Retail Development.)

The following examples are presented as a starting point for considering mixed use zoning. The
communities represented have selected certain design elements that can be tailored to meet the
characteristics of different communities and reflective of locally defined priorities. The included
text is only a portion of a much larger ordinance that can be consulted for additional information.
The appropriate local planning and legal staff should craft any new zoning language proposed to
be adopted within a community to reflect local priorities and implement local goals and
objectives.

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Purpose and Intent
An explicit purpose and intent statement for specific mixed use development standards helps to
clarify the legal and policy basis if they are challenged in court. These statements confirm the
policy intent of language within the regulations. They also provide direction for interpretation
and discretionary decisions. These purpose statements should be tailored to support the
community’s vision and objectives for mixed use development.

Problem Statement: If a community chooses to provide for mixed use development,

standards should be based on the community’s needs and characteristics
and the goals and objectives that have been established in its
comprehensive plan. Mixed use development standards should include
details related to the required mix of uses, proper parking standards,
traffic circulation and, if appropriate, language specific to incentives or
areas of flexibility. The purpose of the mixed use zone should be
included in the zoning ordinance.

Objective: To clearly establish the purpose and intent of the mixed use zone.

Code Writing Strategy: List purpose and intent statements that are clearly linked to the goals
established in a comprehensive plan or other policy document.

Purpose and Intent – Sample Code Language

Colorado Springs, Colorado, Mixed Use Development Ordinance

7.3.701: PURPOSE:
The primary purposes of this part are to:
A. Provide appropriate areas for and facilitate quality mixed use development in activity
centers that are consistent with the Comprehensive Plan's land use and transportation
goals, objectives, policies and strategies;

B. Accommodate intensities and patterns of development that can support multiple modes of
transportation, including public transit and walking;

C. Group and link places used for living, working, shopping, schooling, and recreating,
thereby reducing vehicle trips, relieving traffic congestion and improving air quality in the
City;

D. Provide a variety of residential housing types and densities to assure activity in the district
to support a mix of uses and enhance the housing choices of City residents; and

E. Integrate new mixed use development with its surroundings by encouraging connections
for pedestrians and vehicles and by assuring sensitive, compatible use, scale, and
operational transitions to neighboring uses. (Ord. 03-157)

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 7.3.703: PURPOSE AND SPECIFIC REQUIREMENTS OF INDIVIDUAL MIXED
USE ZONE DISTRICTS:

A. MU-NC - Neighborhood Center: This district is intended to accommodate development of

neighborhood centers as described in section 7.2.201 of this chapter. Neighborhood
centers are intended to be small, low impact, limited use centers. They are typically
pedestrian and bicycle oriented, with limited automobile access and parking.
Neighborhood centers are generally well integrated into the fabric of the surrounding
residential neighborhood. Neighborhood centers are intended to serve as an amenity to
residents of the immediate neighborhood and support a variety of uses.

Neighborhood centers should generally include a limited range of convenience goods and
services in keeping with the character and scale of the surrounding neighborhood. Primary
uses generally include a limited mix of small scale neighborhood serving retail, office,
service, civic and attached residential uses.

Neighborhood centers may also include establishments such as medical offices, beauty
shops and restaurants. Auto related uses or other uses that produce noxious fumes or
excessive light and noise are prohibited within a neighborhood center. Appropriate
residential types may include second floor units located above retail uses, and
townhouses. Drive-up and drive-through uses are excluded.

1. Location: The location of a proposed neighborhood center MU-NC zone district shall
be designed to take advantage of daily activity patterns, such as at the corner of a
residential collector street, at the entrance to a neighborhood, or in conjunction with a
park, school, civic use, or public space. To serve its purposes, the MU-NC district
should be sited at the edges of a residential neighborhood, at a collector and arterial
street intersection or a collector and local street intersection. MU-NC zone districts
should typically be located at least one mile apart from the same type of activity center
or MU zone district.

2. Use And Development Standards: Uses allowed in this zone are listed in the table in
section 7.3.704 of this part. Development (dimensional) standards are listed in the
table in section 7.3.706 of this part. Uses that are subject to additional standards are
listed and described in section 7.3.707 of this part. In addition, development is subject
to all applicable site development standards stated in article 4 of this chapter.

B. MU-CC - Commercial Center: This district is intended to accommodate development of

commercial centers as described in section 7.2.201 of this chapter. Commercial centers are
activity centers that, depending on their size and service area, may serve several
neighborhoods within a surrounding residential area with a mix of retail, office, service,
civic and attached residential uses, or that can accommodate large retail establishments
and serve a number of residential areas and neighborhoods over a significant portion of
the City.

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 Small commercial centers range between ten (10) and thirty (30) acres in size. They are
typically anchored by a grocery store, with supporting establishments including, but not
limited to, variety, drug and hardware stores, and establishments such as medical offices,
beauty shops and restaurants. Secondary uses include other supporting, neighborhood
oriented uses such as schools, small offices, daycare, parks and civic facilities, as well as
residential uses. Appropriate residential types may include second floor units located
above retail uses, townhouses, and small lot, single-family detached homes. The
integration of residential uses helps to assure extended hours of activity within the district
and support a mix of uses. The district balances automobile access from arterial streets
with transit orientation, pedestrian and bicycle access and circulation, and provides good
transitions and connectivity with the surrounding neighborhoods.

Large commercial centers are typically greater than thirty (30) acres in size and include a
mix of commercial with supporting office, service, medical, residential and civic uses.
Uses generally include large scale retail uses that provide major durable goods shopping,
restaurants and services to multiple residential areas. A variety of integrated uses should
be provided, including retail, concentrated office, research and development, institutional,
entertainment and civic uses. Supporting uses may include residential, service, office,
entertainment, eating and drinking establishments, and medical uses. Higher density
residential is also a critical component of the large commercial center mix in order to
assure extended hours of activity within the district and provide support for a mix of uses.
Activities and uses should be concentrated and mixed in order to create more diversity and
synergy between uses, combine destinations, support more effective transit service, and
provide viable pedestrian and bicycle access and circulation. Mobility choices should be
integrated by providing transit, pedestrian and bicycle connectivity within the center as
well as to adjoining areas. Aging single or limited use local commercial centers and
corridors should be redeveloped as MU commercial centers under this zone.

1. Location: Small MU-CC zone districts shall be located at a minimum of one mile
apart and distributed to serve multiple neighborhoods. Their location should balance
automobile access from arterial and collector streets with transit orientation, pedestrian
access and circulation, and have good connections with the surrounding
neighborhoods. Large MU-CC districts shall be located to serve significant subareas
of the City, and to allow vehicle and pedestrian connectivity to surrounding residential
areas.

2. Use And Development Standards: Uses allowed in this zone are listed in the table in
section 7.3.704 of this part. Development (dimensional) standards are listed in the
table in section 7.3.706 of this part. Uses that are subject to additional standards are
listed and described in section 7.3.707 of this part. In addition, development is subject
to all applicable site development standards stated in article 4 of this chapter.

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 D. MU-R/EC - Regional/Employment Center: This district is intended to accommodate
development of regional/employment centers as described in section 7.2.201 of this
chapter. The regional/employment district is intended to provide large, intensive activity
centers that combine the uses of commercial centers and employment centers and serve
the City and region as a whole. The MU-R/EC district should be utilized for significant
and mutually supportive combinations of commercial and employment activities. Because
of their size, both sets of activities function as regional centers in terms of market for retail
and employment opportunities.

Higher density residential use is also a critical component of a regional/employment

center in order to assure extended hours of activity within the district and provide support
for a mix of uses.

Uses should include a mix of commercial and employment uses integrated in a single,
mutually supportive regional destination. These uses may range from regional mall anchor
stores, government offices, and corporate headquarters to special retail and higher density
housing. They may also include research and development uses, major service and office
center complexes, in addition to warehousing and industrial uses and major educational
facilities. Supporting uses may include restaurants, hotels, entertainment, childcare, civic
activities, business services, lodging for business travelers, and multi-family residential
uses if part of an overall planned development.

Activities and uses should be concentrated and mixed in order to create more diversity and
synergy among uses, combine destinations, support more effective transit service, and
provide viable pedestrian and bicycle access and circulation. Mobility choices should be
integrated by providing transit, pedestrian and bicycle connectivity within the center as
well as to the adjoining areas.

3. Location: An MU-R/EC zone district should typically be located at the intersection of

two (2) major arterial roadways, along major arterial roads, along the City's planned
transit system, near other major regional transit terminals, or in close proximity to
limited access freeways and interstate highways. Concentrated employment activities
should be located within MU zone districts whenever possible. Sites with direct access
to existing or planned major transportation facilities and compatibility with adjacent
land uses are appropriate for the MU-R/EC zone district.

4. Use And Development Standards: Uses allowed in this zone are listed in the table in
section 7.3.704 of this part. Development (dimensional) standards are listed in the
table in section 7.3.706 of this part. Uses, which are subject to additional standards,
are listed and described in section 7.3.707 of this part. In addition, development is
subject to all applicable site development standards stated in this Zoning Code.

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 D. Mixed Use Development Design Manual: City Planning is authorized to adopt an MU
development design manual containing guidelines and illustrations which provide
information on how best to comply with, and design MU developments according to, the
purposes and standards found in this part and in article 4 of this chapter. (Ord. 03-157)

Denver, Colorado, Zoning Code

DIVISION 15. MIXED-USE DISTRICTS

Sec. 59-301. Mixed-use districts--General purpose, appropriate use and compatibility of uses
and structures.

(a) General purpose. These mixed-use districts are enacted to provide for and encourage a
compatible mix of uses, rather than a separation of uses, in accordance with the Denver
comprehensive plan. The provisions of the mixed-use districts, OS-1, R-MU-20, R-MU-
30, C-MU-10, C-MU-20, C-MU-30, and T-MU-30 shall establish and define the uses of
land and the siting and character of the improvements and structures allowed on the land
in a manner that allows a balanced mix of uses in a pedestrian-friendly environment. The
special review use and development plan review processes set forth herein and the
associated rules and regulations will assure that adjacent uses are compatible and that
design is of a high quality. Public amenities such as streets with detached sidewalks and
tree lawns, parkways, parks, creek corridors, open spaces and direct access to permanent
mass transit facilities should be used to organize private development. The director of
planning may adopt rules and regulations relating to the design and siting of structures and
uses to assure the compatibility of uses and high quality design. All of the mixed-use
districts provide a broad range of uses in order to encourage the development of diverse,
interesting neighborhoods. R-MU districts are predominantly residential with
neighborhood-serving retail shops, offices, restaurants, and services along more heavily
traveled streets. C-MU districts are predominantly commercial. T-MU districts combine
residential, office, civic and commercial uses and are primarily organized to provide users
with good access to transit. In order to accomplish this goal, these districts must be
proximate and accessible to a mass transit railway system station and must have a direct
pedestrian connection to that station. All uses and structures will be sited and designed to
be compatible with one another.
(1) OS-1 Open Space District. The OS-1 district is intended for publicly and privately
owned parks, open space, natural habitats, golf courses, and a limited range of other
uses, such as public or private recreation centers and concessions, that may enhance
the use and enjoyment of open space.
(2) R-MU-20 Residential Mixed Use District. The R-MU-20 district is primarily
residential, allowing either single-or multiple-unit dwellings. Along collector or
arterial streets, development may be either residential or mixed-use, combining
residential with neighborhood-serving retail, office, or service uses. Commercial uses
should be located on collector or arterial streets or in areas that already have
commercial uses. No maximum residential density is prescribed; instead, the scale of
buildings is determined by bulk plane, maximum height, setbacks, open space
requirements, and parking ratios. The intent is to encourage a full range of housing
types, including affordable housing.

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 (3) R-MU-30 Residential Mixed-Use District. The R-MU-30 district is a primarily
residential district allowing higher density multiple unit dwellings of a density
appropriate to the center-city and other activity centers such as light rail transit
stations. Supporting commercial development, such as consumer retail and service
uses and small-scale office uses, is encouraged to create a truly mixed-use
environment. No maximum residential density is prescribed. Instead, maximum
height, setbacks, and open space requirements determine the scale of buildings.
(4) C-MU-10 Commercial Mixed-Use District. The C-MU-10 district is the most
restrictive of the commercial mixed-use districts, with the shortest list of allowed uses.
It includes commercial uses appropriate for high-visibility locations such as
employment centers and the intersections of arterial streets. The purpose of the district
is to concentrate higher intensity commercial uses, spatially define streets, encourage
higher site and building design standards, and create a more attractive pedestrian
environment. Uses incompatible with this purpose, such as auto-related uses, industrial
uses, and single-unit dwellings, are not allowed. All uses and structures will be sited
and designed to be compatible with one another.
(5) C-MU-20 Commercial Mixed-Use District. The C-MU-20 district provides for a mix
of commercial, residential, and industrial uses along or near arterials or other high
traffic streets. Site and building design will be of a quality that enhances the character
of the streets. A wide range of commercial and residential uses are allowed, along with
limited industrial uses. All uses and structures will be sited and designed to be
compatible with one another.
(6) C-MU-30 Commercial Mixed-Use District. The C-MU-30 district provides for a wide
range of commercial, office, retail, industrial, and residential uses that allow property
owners the flexibility to respond to the long-term evolution of development trends. All
uses and structures will be sited and designed to be compatible with one another.
(7) T-MU-30 Transit Mixed-Use District. The T-MU-30 district provides for urban
development proximate to a mass transit railway system station to promote a mix,
arrangement, and intensity of uses that support transit ridership and use of other
transportation modes, especially walking. The arrangement of uses allows residents,
workers, and shoppers to walk to transit and other destinations within the district. The
T-MU-30 district allows the broadest range of uses and most development intensity.
The T-MU-30 district is intended for station areas with adequate land to create a
viable transit oriented development (TOD) and to transition to the surrounding
community. A T-MU-30 district must be proximate to a mass transit railway system
station and have a direct pedestrian connection to that station. That point of a T-MU-
30 district that is nearest to a mass transit railway system station shall be located no
more than 1500 feet from the intersecting center lines of the tracks and adjacent
passenger loading platforms.

Discussion: The purpose and intent statements should be tailored to support the
community’s particular characteristics and reflect goals and objectives in
the community’s comprehensive plan.

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Use Mix and Dimensional Requirements
The required use mix for a development, as specified in the zoning ordinance, should ensure that
the community’s goals are achieved. The required mix may be accommodated either by uses in
one building or in adjacent buildings. Additionally, characteristics of the community should be
taken into consideration, such as whether the area is urban, suburban, or rural, and how the
mixed use zoning regulation will best apply. The goal of the development should be
implemented through the required use mix, for example, live-work opportunities, office and
residential use mix.

Mixed use development should be compact, make efficient use of land, and provide for multi-
modal transportation. The minimum tract size for development, setbacks, and other dimensional
requirements that define the relationship of the buildings within the development should be
stated in the ordinance.

Problem Statement: Conventional zoning techniques segregate land uses and low density
suburban development patterns. Providing for a mix of uses and a proper
balance of housing and commercial is essential to a project’s success.
Site design and dimensional standards are necessary to create the
appropriate relationships and functionality between the uses.

Objective: To provide opportunity for an appropriate mix of uses and supporting

amenities, arranged in such a way to efficiently meet the daily needs of
residents and employees of the area.

Code Writing Strategy: List the required use mix within a development. Provide detailed site
dimension standards and setback requirements that will enable the
development to function appropriately.

Use Mix and Dimensional Requirements – Sample Code Language

Clark County, Nevada, Zoning Ordinance

40.230.020 MIXED USE DISTRICT (MX)

A. Development standards
1. Residential.
a. Whether within a single building or on a development site, a minimum of twenty
percent (20%) of the development shall be non-residential and a minimum of
twenty percent (20%) of the development shall be residential. This percentage
shall be calculated by determining the percent of net acres devoted to each type of
use.
b. A minimum density of twelve (12) dwelling units per net acres is required. This
shall be based on the number of net acres devoted to residential use.
c. The maximum density shall be forty-three (43) dwelling units per net acre devoted
to residential use.

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 2. New lots and structures and additions to structures subject to this section shall comply
with the applicable standards for sites, lots and building height, and setbacks in Tables
40.230.020-2 and 40.230.020-3, subject to the provisions of Chapter 40.200 and
Section 40.550.020. Site plan review is required for all new development unless
expressly exempted by this title (see Section 40.520.040).

Table 40.230.020-2. Lot Requirements

Zoning Lot Area (sq. ft.) Lot Width (feet) Lot Depth (feet)
District Minimum Maximum Minimum Maximum Minimum Maximum
MX 2,500 None 20 None 90 None

Table 40.230.020-3. Setbacks, Lot Coverage and Building Height

Setbacks Maximum Minimum and

Setback Additional Setback based Minimum Maximum (from Lot Maximum
on Proposed Building Street Frontage) Coverage Building Height
Height (feet)
Front N/A 10 N/A
Side N/A 10 N/A
Rear N/A 10 N/A
Non-Residential development which abuts a single-family residential district
shall also be required to meet the following setbacks from the side or rear lot
line of a residential lot in addition to those above:
Proposed building height:
5 N/A 85% 10 – 721
15 feet or less
Proposed building height:
8 N/A
16 to 30 feet
Rear and Side
Proposed building height:
11 N/A
31 to 45 feet
Proposed building height:
14 N/A
46 feet or more
1
All ground floor units shall have a minimum structural ceiling height of ten (10) feet and the maximum “building height”
shall be seventy-two (72) feet excluding unique architectural features such as steeples, chimneys, flagpoles, electronic aerial,
and cupolas.

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 Holly Springs, Georgia, Zoning Ordinance

ARTICLE 20: MIXED USE DEVELOPMENT DISTRICTS

20.04 Permitted and Prohibited Uses
The permitted uses in the MXD district shall be determined by the underlying zoning district
plus a specific amount of the uses specified below. All uses permitted in the underlying zone
are also permitted when that zone designation is overlain with a MXD designation unless
specifically prohibited below.

1. MXD-1 Districts
a. GC (General Commercial) and Historic District - Base Zone

Table 20.04
PDC (Planned Commercial Development District) /CUN/CGN Base Zone Use Groups
Permitted Use Minimum/Maximum Component
All PDC, permitted uses (except additional residential
Forty (40) percent minimum
uses)
Additional neighborhood commercial uses Five (5) percent minimum
Multi-family residential which may be permitted on any
floor, provided that the requirements of 20.110
Forty (40) percent maximum
subsection 2. are met and that no commercial use may be
permitted above a residential use.
Arts and cultural facility uses including but not limited to
museums, galleries, art studios, performing arts centers,
Seventy (70) percent maximum
live stage theatre, art school, music school, and culinary
school.
Public facilities such as a post office, government offices,
Ten (10) percent maximum
police precincts, health departments
Convention, meeting, and banquet facilities Ten (10) percent maximum
Colleges, universities, and professional schools Fifty (50) percent maximum
Elementary and secondary schools Thirty (30) percent maximum
Churches and other houses of worship
Public parks, playgrounds, gardens, greenspaces Twenty (20) percent minimum
Prohibited Uses Minimum/Maximum Component
Filling stations n/a
Funeral homes and crematoriums n/a
Laboratories n/a
Wholesaling, warehousing, and storage n/a
Ambulance service n/a
Automobile repair and maintenance n/a
Outside storage n/a
Any use not specifically listed as a permitted or
n/a
conditional use above shall not be permitted

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 Fort Worth, Texas, Zoning Ordinance

Sec. 4.902. Low intensity mixed-use ("MU-1") district.

C. Property development standards. In the low intensity mixed-use ("MU-1") district, the
dimension of yards, the maximum height of buildings, the maximum residential density,
and the required open space shall be as follows:
1. General yard development standards: Development shall be exempt from chapter 6,
article 1, sections 6.101 B., 6.101 C., 6.101 E., and 6.101 F.
2. Front yard: 20 feet maximum setback, with the following provisions:
a. Campus developments: Interior buildings constructed as part of a campus
development may be set back from the property line more than 20 feet if at least
50 percent of the public street frontage on each block face within the development
contains buildings within the maximum setback of 20 feet. Interior buildings set
back farther than 20 feet may not be constructed unless and until this 50 percent
requirement has been satisfied.
b. Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or
parallel parking on private property meets the conditions of section 4.902.D.1.f. In
these situations, the front yard setback shall be measured from the front of the
parking space instead of the property line, and the setback shall be no greater than
20 feet.
3. Rear yard: Five feet minimum setback.
4. Side yard: Setbacks are required when an abutting property with an existing building
has windows facing to the side. Then, any new development or addition shall provide
at least ten feet of separation between the existing and new building.
Note: Additional setback conditions are included in D. Other Development Standards.
5. Maximum height.
a. 45 feet, or three stories, whichever is less; or
b. 60 feet or five stories, whichever is less, if:
i. Residential uses constitute 20 percent or more of a building's gross floor area, and
ii. Office, eating and entertainment, and/or retail sales and service use constitute ten
percent or more of the building's gross floor area.
Note: Development in the Low Intensity Mixed-Use ("MU-1") District is exempt from
section 6.100. Building height for all uses shall be measured from the top of the finished slab
at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop
terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be
included in the measurement of total building height, as described in section 6.100.5.

Stealth telecommunication towers are permitted to a height of 75 feet. The scenic preservation
and design review commission must approve the design of all stealth telecommunication
towers. Telecommunication towers are permitted to a height of 60 feet as a special exception
approved by the board of adjustment.

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 6. Maximum residential units per acre:
a. 40; or
b. 60 if the project includes office, eating and entertainment, and/or retail sales and
service uses that constitute at least ten percent of gross floor area.
7. Open space: Open space shall constitute at least:
a. 20 percent of net land area for single-use residential developments and mixed-use
projects in which residential uses constitute greater than 90 percent of gross floor
area; or
b. Ten percent of net land area for commercial and institutional uses, and for mixed-
use projects which include office, eating and entertainment, and/or retail sales and
service uses that constitute ten percent or more of gross floor area.

Denver, Colorado, Zoning Ordinance

DIVISION 15. MIXED-USE DISTRICTS

Sec. 59-312. Permitted structures.
The following are addressed in this section:
Zone lots for structures;
Required unobstructed open space;
Minimum and maximum setbacks for structures;
Permitted encroachments into required setback spaces;
Permitted fences; walls and retaining walls;
Bulk planes;
Maximum building heights;
Maximum gross floor area in structures; and
Required site improvements for industrial uses.

(1) Zone lots for structures. A separate ground area, herein called the zone lot, shall be
designated, provided and continuously maintained for each structure containing a use or
uses by right or by special review. Each zone lot shall have at least one (1) front line and
may contain in addition to the principal structure one (1) or more subordinate structures
containing only accessory uses. The zone lot for each structure used as a single-unit
dwelling shall contain not less than four thousand (4,000) square feet; the zone lot for
each structure used as a two-unit dwelling shall contain not less than six thousand (6,000)
square feet; and the zone lot for each structure used for any other use shall contain not less
than ten thousand (10,000) square feet. Notwithstanding the previous sentence, if
qualifying under the provisions of article IV, chapter 27 (affordable housing) the zone lot
for each structure used as a single-unit dwelling shall contain not less than thirty-six
hundred (3,600) square feet; the zone lot for each structure used as a two-unit dwelling
shall contain not less than fifty-four (5,400) square feet; and the zone lot for each structure
used for any multiple unit dwelling shall contain not less than nine thousand (9,000)
square feet. Zone lots smaller than required by this section may be approved pursuant to
section 59-313 (development plan review).

Upon application to and approval by the zoning administrator, the boundaries and area of
an existing zone lot may be amended if full compliance with all requirements of this
chapter 59 can be maintained.

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 (2) Required unobstructed open space. The zone lot for structures shall contain at least the
following amounts of unobstructed open space:

TABLE INSET:

Minimum Required Amounts of Unobstructed Open Space

Use Amount
Single- or two-unit dwellings. 35 percent of the total zone lot area.
Structures, other than single or
two unit dwellings, with no
ground floor commercial use and 20 percent of the total zone lot area.
which are three (3) or fewer
stories in height.
Structures, other than single or
two unit dwellings, with ground
floor commercial uses, or which 0 percent of the total zone lot area.
are four (4) or more stories in
height.
May be reduced to 10 percent of the GDP area if open space is aggregated in one (1)
or more areas and is entirely useable open space. The required open space may be
Structure complexes in an R-MU- aggregated from multiple zone lots within a GDP area provided the aggregated area
20 or R-MU-30 zone district with enhances the connection to transit facilities, plazas or streets, or enhances the
an approved GDP [general pedestrian environment, enhances or creates a public space, or is a benefit to the
development plan]. neighborhood and is publicly accessible and will remain publicly accessible, and is
entirely usable open space, and is shown on an approved GDP. In no case shall the
open space for single and two unit dwellings be reduced.
10 percent of total zone lot area. The required open space may be aggregated from
multiple zone lots within a GDP area provided the aggregated area enhances the
Structure complexes in a T-MU- connection to transit facilities, plazas or streets, or enhances the pedestrian
30 zone district environment, enhances or creates a public space, or is a benefit to the neighborhood
and is publicly accessible, will remain publicly accessible, and is entirely usable open
space, and is shown on an approved GDP.
(Ord. No. 886-05, § 10, eff. 12-9-05)

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 (3) Setbacks for structures. All structure shall have the setbacks listed below. Except as
otherwise hereinafter provided, the space resulting from the setbacks shall be open and
unobstructed.
a. Minimum setbacks.

TABLE INSET:
Front setback measured from front zone Side setback measured from
Uses Rear setback
lot line side zone lot line

Minimum Setback measured

Minimum setback Minimum Setback from rear zone lot line or as
noted

10 feet. Provided, however, that if the

front setbacks of the residential structure
Single or two-unit abutting on either side of the proposed
dwellings or structures structure are greater than 10 feet, the 1. Use by right or
with no ground floor minimum front setback of the proposed 1. On lots 30 feet in 3 use by special 20
commercial use and which structure shall be the average of the front width or less feet review structure feet
are three (3) or fewer setbacks of the abutting structures. The with no rear alley
stories in height. minimum front setback for garages facing
directly on to the street shall be 20 feet
from the back of the sidewalk.

With an alley,
20
setback measured
feet
to alley centerline

2. Attached or
2. On lots greater than 5 detached garage or 5
30 feet in width feet carport with no feet
alley

With an alley with

doors opening 5
directly onto the feet
alley

With an alley but

with no doors 0
opening directly feet
onto the alley

3. Detached
3. Regardless of lot
accessory
width, detached 5
structures and
accessory structures may feet
fixtures with no
be located as follows:
alley

(a) On lots 125 feet or

less in depth with the
accessory structure With an alley but
located entirely on the 0 with no doors 0
rear one-third of the lot feet opening directly feet
and no part of such onto the alley
structure is more than 40
feet from the rear line

(b) On lots more than

125 feet in depth with
the accessory structure
located entirely on the Fixtures for the
0 0
rear one-third of the lot disposal of trash
feet feet
and no part of such and garbage
structure is less than 85
feet from any front line
of the zone lot

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 Front setback measured Side setback measured
Uses from front zone lot line from side zone lot line Rear setback

Minimum Setback
measured from rear
Minimum setback Minimum Setback
zone lot line or as
noted
Structures, that are not
single or two unit
0 feet with no (1) Abutting a zone lot
dwellings, and which 0
encroachments into designed or used for a Structures that do not
have ground floor 5 feet feet
right-of-way on ground single or two-unit have a rear entrance
commercial, or which
floor dwelling
are four (4) or more
stories in height.
(2) Abutting a zone lot
5
designed or used for Structures that have a
0 feet feet
any other residential rear entrance
use
Comply with the Comply with the Comply with the Comply with the
Structures abutting setback requirements of setback requirements setback requirements setback requirements
residential zone such abutting of such abutting of such abutting of such abutting
districts residential zone district residential zone residential zone residential zone
district district district
0
Parking lots 5 feet 5 feet feet

b. Within an individual T-MU-30 district area for which a GDP [general development
plan] has been approved, setbacks shall be based upon the Transit Mixed-Use District
zoning standards and the individual Transit Mixed Use district's GDP, which defines
additional setback requirements based upon use, location, character, and sidewalk
dimensions. If not specified, the setbacks for structures provided in the Minimum
Setbacks chart in 59-312(3)a. above shall apply.

(7) Maximum building heights. Structures in the R-MU districts are controlled by height and
bulk limitations only, unless otherwise modified herein. Building height shall be measured
in accordance with section 59-2(52) except that in the R-MU-20 district mechanical
equipment and mechanical penthouses which may exceed the maximum permitted height
by no more than twelve (12) feet.

TABLE INSET:

Maximum Permitted Building Heights

Zone District Height (in feet)
OS-1 30 feet
R-MU-20 55 feet
R-MU-30 140 feet
T-MU-30 220 feet
Single- and two-unit dwellings located in any zone 35 feet, subject to the bulk plane limitations in section
district 59-312(6) above
(Ord. No. 895-03, § 41, eff. 12-2-03)

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 (8) Maximum gross floor area in structures. Structures in C-MU and T-MU districts are
controlled by gross floor area unless otherwise modified herein.

TABLE INSET:

T-
R-MU C-MU
MU
OS- 20 30 10 20 30
Maximum Gross Floor Area/Zone Districts 30
1
Maximum gross floor area is equal to five-tenths (0.5) of the area of the
X
zone lot on which the structures are located (.5:1)
Maximum gross floor area is equal to the area of the zone lot on which
X X
the structures are located (1:1)
Basic maximum gross floor area is equal to two (2) times the area of
X
the zone lot on which the structures are located (2:1)
Basic maximum gross floor area is equal to five (5) times the area of
X*
the zone lot on which the structures are located (5:1)
*Note: For an approved general development plan area within a T-MU-30 zone district, the maximum gross
floor area limit may be applied on an area-wide basis, provided that the area-wide average maximum gross floor
area shall not exceed the limit specified above. Any parking of vehicles, excess, shall be included in the
calculation of gross floor area. For this purpose only, gross floor area for parking of vehicles, excess shall
include all above grade parking spaces, drive aisles, and ramps; underground parking shall be excluded from the
calculation.

Discussion: While minimum setbacks can provide separation between uses,

maximum setbacks can help to create a compact development and
increase options for transportation between uses. Additionally mixed
use developments are most successful on larger development sites. For
example, a 20% residential requirement would not achieve the same
community goals on a one acre site as a 200 acre site.

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Parking
Space for parking should also be balanced between a project’s mix of uses. Retail and office
uses, for example, see peak parking needs during different times of the day based on operating
hours. Joint use parking, reduced parking requirements or shared parking are techniques that can
reduce impervious surfaces, provide additional space for leasable area or public amenities, while
still meeting the needs of the businesses within the development.

Problem Statement: Calculating parking needs for a large mixed use development based on
typical parking requirements may create more parking than is necessary
for the development, making inefficient use of the land. Mixed use
developments will contain diverse businesses that serve customers or
employ residents at different times of the day. Flexible parking
regulations based on peak parking hours can provide adequate parking
without excess.

Objective: To provide sufficient parking, balancing the parking needs of different

land use types based on hours of operation, therefore making efficient
use of the land and enhancing the use of alternative transportation
options.

Code Writing Strategy: Effective parking regulations will include joint use or shared parking,
and parking reductions.

Parking – Sample Code Language

Fort Worth, Texas, Zoning Ordinance

Sec. 4.902. Low intensity mixed-use ("MU-1") district.

D. Other development standards. Development in the low intensity mixed-use ("MU-1")
district shall be subject to the pertinent development standards in chapter 6, and the
following provisions.
1. Off-street parking and loading.
a. Townhouses require a minimum of one off-street parking space per dwelling unit,
with a maximum of two off-street parking spaces per unit. For uses other than
townhouses in the low intensity mixed-use ("MU-1") district, the parking
requirements listed in section 6.201B. shall be reduced by the following
proportions:
(1) 25 percent reduction for all uses in buildings not within 1,000 feet of an
entrance to a passenger rail station, with the maximum number of parking
spaces limited to 100 percent of the minimum requirement listed in section
6.201 B.; or
(2) 50 percent reduction for all uses in buildings whose primary entrance is
within 1,000 feet of an entrance to a passenger rail station or rail stop, with the
maximum number of parking spaces limited to 100 percent of the minimum
requirement listed in section 6.201 B.

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 b. For mixed-use buildings and projects, the total parking requirement shall be the
sum of the individual requirements for all uses. A joint use parking agreement, if
executed according to the standards set forth in section e. below, would allow a
reduction in the total requirement for a mixed-use building or project.
c. The required off-street parking for any use may be located off-site, on property
within 500 feet of the subject site.
d. Adjacent on-street parking may be applied toward the minimum parking
requirements, but shall not reduce the pertinent maximum parking limitations.
e. Joint use parking facilities are encouraged. Uses may provide more than the
maximum number of parking spaces if the additional spaces are provided as part of
a joint use parking facility. However, if the joint use parking facility is a surface
parking lot, the total number of spaces in the surface lot shall not exceed the sum
of the maximum spaces allowed for all individual uses sharing the facility. This
limit shall not apply to a multilevel parking garage that is used as a joint use
facility. Joint use of required parking spaces may occur where two or more uses on
the same site or on separate sites are able to share the same parking spaces because
their parking demands occur at different times. Joint use of required parking
spaces is allowed if the following documentation is submitted in writing to the
development department as part of a building permit application or site plan
review:
(1) The names and addresses of the uses and of the owners or tenants that are
sharing the parking;
(2) The location and number of parking spaces that are being shared;
(3) An analysis showing that the peak parking demands for the different uses
occur at different times, and that the parking area will supply at least the
minimum number of required spaces for each use during its respective peak
parking times; and
(4) A legal instrument such as an easement or deed restriction that guarantees
access to the joint parking for all uses.
f. Surface parking shall not be permitted between a building front and the street,
except that angled, perpendicular, or parallel parking that is partially or completely
located on private property shall be permitted if it meets the following two
conditions:
1. The city's traffic engineer determines that the parking does not adversely affect
public safety or circulation and satisfies the conditions described in section 22-
175d of the City Code, and
2. The parking is located adjacent to and is directly accessible from a public street
ROW or a publicly accessible private street.
In these situations, the front yard setback shall be measured from the front of
the parking space instead of the property line and the setback shall be no
greater than 20 feet.

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 g. Uses located in historically significant buildings shall be exempt from off-street
parking requirements. For the purposes of this exemption, historically significant
buildings shall include those determined by the historic preservation officer to be
eligible, based on the applicable criteria, for:
(1) Listing in the National Register of Historic Places; or
(2) Local designation as either historic and cultural landmark ("HC") or highly
significant endangered ("HSE").
h. These requirements supersede the parking requirements of section 6.201 B. all
other requirements of chapter 6, article 2 apply.

Denver, Colorado, Zoning Ordinance

DIVISION 15. MIXED-USE DISTRICTS

Sec. 59-316. Off-street parking requirements.
The provisions of article VI of this chapter on off-street parking requirements shall be in full
force and effect in the OS-1, R-MU-20, R-MU-30, C-MU-10, C-MU-20, C-MU-30, and T-
MU-30 districts, except as modified by this section.
(1) Reduction of parking spaces. In all mixed-use zones with the exception of the T-MU-30
zone district, the number of off-street parking spaces for uses and structures located within
one-fourth ( 1/4) mile of the outer boundary of a rail transit station, a regional or urban
ten-minute bus corridor or within one-half ( 1/2) mile of the B-5 or B-7 zone districts may
be reduced where, in the opinion of the zoning administrator, residents, employees,
customers or visitors will use the transit system or will walk to their destinations. The
zoning administrator shall not reduce the number of required off-street parking spaces by
more than twenty-five (25) percent. Within an area with an approved GDP [general
development plan] for a T-MU-30 district, an area-wide twenty-five (25) percent
reduction in the number of required parking spaces shall be granted. The parking
reduction may be increased as hereinafter provided:
a. Reductions of twenty-six (26) percent to fifty (50) percent. In order to obtain a
reduction in the number of required parking spaces of between twenty-six (26) percent
and fifty (50) percent, information supporting such a reduction in the form of shared
parking analysis, trip reduction strategy, or transportation management plan shall be
included in the approved GDP. All registered neighborhood organizations within two
hundred (200) feet of the development for which this level of reduced parking is
requested and the city council member in whose district the project is located and the
at-large council members shall be notified of the application for reduced parking. Such
registered neighborhood organizations and council members may request additional
information. Any comments on the application shall be submitted in writing to the
zoning administrator within twenty (20) days of receipt of the notice.
b. Maximum reduction. The total number of parking spaces required on an area-wide
basis shall not be reduced by more than fifty (50) percent.
c. Disabled parking. The number of spaces required for persons with disabilities shall
not be reduced.

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 (2) Special plan for shared parking. In all mixed-use zone districts, the zoning administrator
may authorize a reduction in the number of required parking spaces for multiple-use
developments or for uses that are located near one another and which have different peak
parking demands and operating hours. Approval of a special plan for shared parking shall
be subject to the following standards:
a. Location. Shared off-street parking spaces shall be located no further than six hundred
(600) feet from all the buildings and uses they are intended to serve. The separation
shall be measured perpendicularly from the nearest point of the buildings or uses to
the nearest point of the zone lot containing the shared off-street parking spaces.
b. Shared parking analysis. A parking analysis acceptable to the zoning administrator
shall be submitted which clearly establishes that uses will make use of the shared
spaces at different times of the day, week, month, or year. The study shall:
1. Address the intensity and type of activities, the composition of uses; hours of
operation of the uses; the rate of turnover for proposed shared spaces; distances of
shared parking spaces from the uses they serve; availability of embedded on-street
parking spaces in the public rights-of-way; and the anticipated peak parking and traffic
loads for the site; and
2. Consider the availability of transit facilities and modes of available transit serving the
site including both public and private transit (e.g., car and vanpooling).
c. Maximum reduction. The total number of parking spaces required for each use shall
not be reduced by more than fifty (50) percent.
d. Disabled parking. The number of spaces required for persons with disabilities shall
not be reduced.
e. Applications, how made and contents. All applications for approval of a special plan
for shared parking hereunder shall be filed with the department of zoning
administration by the owners of the entire land area to be included within the special
plan, and the owners of all structures then existing on such land area; shall contain
sufficient evidence to establish to the satisfaction of the department that the applicants
are the owners of the designated land and structures; shall contain such information
and representations required by this subsection or deemed necessary by the
department, and shall include plans showing the following details:
1. The location of the uses by right or structures for which off-street parking space is
required;
2. The location of off-street parking spaces; and
3. A landscape plan as required by section 59-585(10) (use and maintenance of off-
street parking space; landscape plan).
f. Review of application. All applications hereunder shall be reviewed by the zoning
administrator and either approved, approved with conditions or denied.
g. Approved plan registered and recorded. Upon approval of a special plan hereunder, a
copy of such plan shall be registered among the records of the department of zoning
administration and a copy of such plan, or such other record thereof as deemed proper
by the department shall be recorded by the department of zoning administration with
the Denver clerk and recorder.

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 h. Effect of registered and recorded special plan. All special plans registered and
recorded hereunder shall run with the land, be binding upon the applicants for such
special plans, their successors and assigns, and shall restrict and limit the use and
operation of all land and structures included within such special plan to all conditions
and limitations specified in such plan and the approval thereof. No zoning use permits
shall be issued unless such uses comply with all the conditions and limitations of the
approved special plan.
i. Amendment of registered and recorded special plans. All special plans registered and
recorded hereunder may be amended pursuant to the same procedure and subject to the
same limitations and requirements by which such plans were approved, registered and
recorded.
j. Withdrawal of registered and recorded special plans. Upon application to the
department of zoning administration by the owners of the entire land area included
within any special plan registered and recorded hereunder, and the owners of any
structures then existing thereon any such plan may be withdrawn, either partially or
completely, from registration and released from recording if all uses, land and
structures remaining under such plan can be made to comply with all conditions and
limitations of the plan and all uses by right, land and structures withdrawn from such
plan can be made to comply with all regulations established by this chapter 59 and
unrelated to any special plan. Upon approval of the withdrawal of an application
hereunder, the department of zoning administration shall register among its records
and record with Denver clerk and recorder an appropriate certificate of such
withdrawal.

Fremont, California, Mixed Use Development Ordinance

Mixed-use development requirements (Sec. 8-22148.7)

(f) On-site Parking areas: Whenever feasible, parking shall comply with the following
criteria:
(1) Development standards:

a. On-site parking areas: Parking areas shall be located where residents and
businesses have easy and convenient access. The project shall consider dedicating
a certain portion of the parking for each use. However, the parking area should not
be located in such a manner that it dominates street frontage.
b. Surface parking should be oriented behind or to the side of a building when
possible and shall not exceed a maximum depth of sixty-two (62) feet (e.g., two-
way aisle with parking on both sides) not counting required landscaping.
c. Parking shall not be located on street corners.
d. Parking requirements shall be governed by the provisions set forth in Article 20 of
this chapter except as modified by this section.

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 (2) Design guidelines:
a. Joint use parking. Where parking demands peak during different times of the day,
parking should be shared. Parking should be developed as joint use parking areas
under the provisions outlined in Article 20 (Parking, Loading Areas and
Regulations Pertaining to Vehicle Storage in Various Zoning Districts) of Chapter
2 Zoning.
b. Parking and vehicle drives should be located away from building entrances and not
between a building entrance and the street, except as may be allowed when a direct
pedestrian connection is provided from the sidewalk to the building entrance.
c. Surface parking should not be located on commercial street frontage. However, if
surface parking is proposed on street frontage, it must be screened from view.

Parking standards (Sec. 8-22003(e)):

(d) Mixed-use developments. The base requirement for a mixed-use development shall
comply with the residential and commercial parking standards set forth in this section
unless the project is located within a special parking district in which case the special
district’s provisions shall apply. On-street parking located along the development’s
frontage (e.g., especially along retail frontage) may be counted towards the number of
spaces required for the commercial component within the development. The number
of parking spaces may be reduced if joint parking is approved based on the
requirements of this section. However, in no case shall the combined required parking
for the mixed-use development provide less than the minimum required for the
residential use.
(e) Compact cars. Compact car spaces may substitute for 35 percent of the required
parking spaces, provided that in residential developments, the compact car allowance
may be applied to open parking spaces only. All compact car spaces shall be signed
and readily identified.
(f) Other. The zoning administrator shall determine the required parking for uses not
mentioned above, based on the requirements for similar uses.

Joint Parking (Sec. 8-22007):

(a) Where there is a mixed-use development or mixed uses occurring on a single parcel under
one ownership, if said mixed uses do not constitute a shopping center as defined under
Article 1, the total requirements for off-street parking shall be the sum of the requirements
of the various uses computed separately as specified in this article. The off-street parking
and loading spaces for one use shall not be considered as providing the required off-street
parking and loading space for any other use unless the reviewing agency has authorized
the joint use of parking facilities pursuant to this section.
(b) The reviewing agency may authorize the joint use of parking facilities for uses or activities
not located in shopping centers as defined under Article 1 if it finds the criteria listed
below are met. The amount of parking spaces required shall be based on the number of
criteria met by the proposed project. In no case shall the parking requirements be reduced
where, based on substantial evidence, there is insufficient off-street parking to meet the
needs of the neighborhood.

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 (1) The normal hours of operation of such uses or activities do not substantially coincide
or overlap with each other; or,
(2) The development is located near available on-street parking or other public parking
areas; or,
(3) Transit alternatives are available near the development; or,
(4) For mixed-use developments, residential and commercial parking demand often
occurs at different times of the day.

(c) Joint use parking shall be subject to the following limitations and conditions:
(1) No more than fifty percent of the parking spaces required for a building or use may be
supplied by parking facilities required for any other building or use.
(2) The applicant shall submit sufficient data to indicate that there is not substantial
conflict in the principal operating hours of the uses proposing to make use of the joint
parking facilities.
(3) The property owners involved in the joint use of off-street parking facilities shall
submit a legal agreement approved by the city attorney as to form and content
guaranteeing that said required parking spaces shall be maintained so long as the use
requiring parking is in existence or unless the required parking is provided elsewhere
in accordance with the provisions of this article. Such instrument, when approved as
conforming to the provisions of this section, shall be recorded by the property owner
in the office of the county recorder and a copy thereof filed with the planning division.

(d) Reviewing agency for mixed or joint use parking:

(1) Mixed-use developments: The reviewing agency shall be in accordance with the
reviewing agency specified in Article 21.3 for mixed-use developments.
(2) All other uses: The reviewing agency for all other joint use parking arrangements shall
be the planning commission.

Discussion: Providing flexibility in the zoning code regarding parking requirements

can enable a developer to provide parking based on the mix of uses
expected. Balancing the parking need if uses change may be an issue.
Administration and enforcement of shared and joint parking agreements
could be a challenge.

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Incentives
Incentives can also be written into the zoning ordinance to promote mixed use development.
Flexibility in the zoning ordinance will be attractive to developers who may be cautious due to
the risk associated with mixed use development. Providing for flexibility will enable any
unanticipated site characteristics or opportunities to be worked through. Techniques such as
assistance with financing (loan assistance, tax incentives, etc.) and land assembly can provide
encouragement for developers to undertake a mixed use development.

Problem Statement: Developers may be hesitant to undertake a mixed use development for
various reasons. Incentives can help offset the risk that may be
associated with a given development.

Objective: Promote the construction of mixed use developments.

Code Writing Strategy: Provide appropriate language detailing the available incentives for
mixed use developments.

Incentives – Sample Code Language

Colorado Springs, Colorado, Mixed Use Development Ordinance

7.3.708: INCENTIVES IN THE MIXED USE ZONE DISTRICTS:

Regulatory incentives are provided in the MU zoning districts to encourage and facilitate
creative MU development. Following is a summary of the incentives provided and cross
referenced to the applicable Zoning Code sections:

Staff Authority: Broader application of staff authority to grant administrative relief from
specified development and design standards to development in the new MU zoning districts.
See subsection 7.5.1103B of this chapter.

Modifications: Modifications of certain standards that reflect less demand in MU projects,

such as off street parking. See section 7.4.203 of this chapter.

Alternative Compliance: An applicant may propose alternative compliance to the strict

application of design standards, such that the alternative: 1) achieves the intent of the subject
design standard to the same or better degree than the subject standard; 2) achieves the mixed
use goals and policies in the comprehensive plan to the same or better degree than the subject
standard; and 3) results in equivalent or better benefits to the community as compliance with
the subject design standard. Features which may be substituted or modified to achieve
alternative compliance include, but are not limited to:

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 Pedestrian walkways through parking lots, subsection 7.4.703B3 of this chapter.

Pedestrian pass through requirement, subsection 7.4.703D of this chapter.

Maximum block length requirements, subsection 7.4.1203B of this chapter.

Alternative site layout and building orientation, subsection 7.4.1205E of this chapter.

For infill development and redevelopment sites containing no more than twenty five (25)
acres and bordered by developed land along the entire perimeter (excluding intervening public
streets), existing on site and off site features that are equivalent in function to those required
under article 4, parts 7 through 12 of this chapter may be substituted or modified as alternative
compliance to the MU standards. Existing features which may be substituted or modified to
achieve alternative compliance include, but are not limited to, streets, alleys, street crossings,
tree lawns (parkways), sidewalks, pedestrian walkways, building entrance orientation,
building and entrance design, and streetscape design.

The procedures and criteria for alternative compliance are established in the mixed use
development design manual.

Longer Term Of Approval: A longer term of approval for concept plans. See subsections
7.5.504C and 7.9.101B of this chapter.

A. Longer Vesting Of Property Rights: Longer vesting of property rights connected with an
approved development plan. See subsections 7.5.504C and 7.9.101B of this chapter.

B. Greater Number And Variety Of Uses Allowed: A greater number and variety of uses
allowed in the MU zone districts versus in the other base zone districts. See section
7.3.704 of this part.

C. Use Of Special Districts: The City will generally support the formation and utilization of a
special district in an MU zone district, when the proposed improvements, infrastructure,
and maintenance services of the special district will fulfill the mixed use site development
standards as set forth in article 4, parts 7 through 12 of this Zoning Code and the mixed
use development design manual. (Ord. 03-157)

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 Clark County, Nevada, Zoning Ordinance

40.230.020 MIXED USE DISTRICT (MX)

F. Credits. A credit reduction of the TIF may be granted pursuant to this section with the
implementation and maintenance of the corresponding action in Table 40.230.020-4 on
approval of the responsible official.

Table 40.230.020-4. Credits

Action Maximum TIF

Credit
Installation of on-site sheltered bus-stop (with current or planned service) or a 1% credit to cover
sheltered bus stop within ¼ mile of site with adequate walkways if approved by C- up to 80% of cost.
TRAN
Installation of bike lockers 1% credit to cover
up to 80% of cost.
Connection to existing or future regional bike trail 1%
Installation of paid parking (by resident or employee) 3% credit to cover
up to 80% of cost.
Provision of Flex Car for project 1% credit to cover
up to 80% of cost.
Total if all strategies were implemented 7%

Discussion: Incentives should be applied in a consistent manner based on specific

criteria so that arbitrary decisions are not made.

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 TOOLS AND TECHNIQUES FOR MIXED USE DEVELOPMENT
Needed Actions Cautions Possible Incentives
Create community Consider the specific characteristics of Gathering information from
consensus your community and create consensus organizations, citizens and other
for mixed use development. interested stakeholders in the
community can build trust and
ensure buy in. Provide
opportunities for citizen groups to
give input on the desire for mixed
use development.
Residents often are unaware of the Provide adequate information to
benefits and impacts of mixed use the community throughout the
developments (positive or negative). planning process and during the
process of drafting regulations that
will apply to the development.
Create a basis for the Relate the regulation to specific Complete a comprehensive plan
standards policies within the comprehensive that articulates the vision of the
plan that include the type of mixed use community regarding mixed use
development that is desired and development, including sufficient
appropriate locations. Identify supporting documentation.
standards that assist the community to
achieve the vision of the
comprehensive plan. Regulations
should be based on sound data and
analysis.
Communities need to understand the Require a concept plan as part of
existing characteristics and details of a development review and approval.
proposed development in order to
ensure that the mixed use development
is meeting the requirements of the
zoning ordinance and the goals of a
comprehensive plan. This should be
done at an early stage before major
investment has been made by the
developer.
Revise existing Be sure that the regulation has sound Include language in the mixed use
regulations as basis in the comprehensive plan that zoning ordinance that connects the
appropriate supports the community’s desire for regulation to the community’s
mixed use development. goals as set forth in the
comprehensive plan.
Determine the proper use mix. Identify locations where mixed use
development is appropriate based
on the market and the needs of the
community. Revise regulations to
provide the specific use mixes
required.

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 Ensure appropriate parking. Work with developers to provide
adequate parking that can be
shared among uses with different
hours of operation.
Prepare staff for Additional calculations and tracking The number and experience levels
additional level of use changes, parking requirements and of staff should be evaluated prior
review agreements may take more time than to the adoption of mixed use
with that of a typical development zoning to ensure proper
review. administrative capacity.

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References:
Atlanta Regional Commission, Quality Growth Toolkit: Mixed Use Development,
http://www.atlantaregional.com/cps/rde/xbcr/SID-3F57FEE7-F642877F/arc/MIXED-
USE_TOOL.pdf (accessed November 28, 2006).

City and County of Denver, Colorado, Revised Municipal Code, adopted Oct. 13, 2006,
http://www.municode.com/resources/gateway.asp?pid=10257&sid=6) (accessed November 28,
2006).

City of Colorado Springs, Colorado. 7.3.708: Incentives in the Mixed Use Districts. (accessed 12
January 2007).

City of Concord, North Carolina, Unified Development Ordinance, updated February 2006,
http://www.ci.concord.nc.us/devserve/UDO_0.asp (accessed November 28, 2006).

City of Fort Worth, Texas, The Charter and General Ordinances of the City of Fort Worth,
Texas, adopted May 30, 2006,
http://www.municode.com/resources/gateway.asp?pid=10096&sid=43 (accessed November 28,
2006).

City of Fremont, California, Mixed-Use Development Ordinance, July 6, 2004,

http://www.ci.fremont.ca.us/NR/rdonlyres/edk2l6bs2qwfm4zqizikbscgydhutjecblmu37xupchfwn
q5ter7x4t7q6mzjkdaor2pdzx6jqznqxakbihvg6pdvbh/0407MixedUseDevelopmentOrdinance.pdf
(accessed November 28, 2006).

City of Holly Springs, Georgia. Article 20: Mixed Use Development Districts. 20.04 Permitted
and Prohibited Uses. (accessed 12 January 2007). http://www.hollyspringsga.net/documents/Zo
ning%2C%20Development%2C%20&%20Maps/Online%20Final%20Zoning%20Ordinance%2
0%28Revised%20DEC-2006%29.pdf (accessed 12 January 2007).

Clark County, Nevada, Zoning Ordinance. 40.230.020 MIXED USE DISTRICT (MX)

Duncan, 1989; Frank, 1989; Burchell, 1992, cited in Smart Growth Network, 2000.

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