4.903 Low Intensity Greenfield Mixed-Use ("MU-1G") District

  1. Purpose and Intent
    The purpose of the MU-1G zoning classification is to promote pedestrian-oriented, mixed-use development in undeveloped areas designated in the Comprehensive Plan as future mixed-use growth centers.  The MU-1G regulations are intended to encourage the development of neighborhood-scale activity centers in which a variety of housing types may exist among neighborhood-serving commercial and institutional uses. 
    Minimum Development Site Land Area:  MU-1G shall only be used for large-scale development sites of at least 100 acres.  These development sites of at least 100 acres may include a combination of contiguous MU districts (i.e. MU-1, MU-1G, MU-2, MU-2G, PD/MU).  Public rights of way may be included in the calculation of a site’s size.
  2. Uses
    In the Low Intensity Greenfield Mixed-Use (“MU-1G”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 8, and the supplemental standards of Chapter 5.
    In the Low Intensity Greenfield Mixed-Use (“MU-1G”) District, residential, commercial and institutional uses may occupy the same building and lot.  All projects must comply with the mix of use requirements described in Section 4.903.E.1. 
    One-family detached residential lots shall not exceed 10,000 square feet.
  3. Property Development Standards
    In the Low Intensity Greenfield Mixed-Use (“MU-1G”) 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 6.101B, 6.101C, 6.101E, and 6.101G.
    2. Front yard: 20 feet maximum setback, with the following provisions:
      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. 
      Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets the conditions of Section 4.903.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.
      To allow convenient access to parking from the front entrances of large retail buildings greater than 50,000 square feet, the building side of any internal street with a public access easement may serve as the line from which the setback is measured.  The total ground floor area of buildings utilizing this exception, however, shall constitute no more than 50 percent of the total ground floor area of buildings shown on the conceptual site plan.
    3. Rear yard: 5 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 10 feet of separation between the existing and new building.
      Note:  Additional setback conditions are included in D. Other Development Standards.
    5. Maximum Height 
      45 feet, or 3 stories, whichever is less; or
      60 feet or 5 stories, whichever is less, if: 
      1. Residential uses constitute 20 percent or more of a building’s gross floor area, and
      2. Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building’s gross floor area.

        Note: Development in the Low Intensity Greenfield Mixed-Use ("MU-1G") 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 Urban Design 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.
    6. Maximum residential units per acre: 
      40; or 
      60 if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area.
    7. Open space: Open space shall constitute at least:
      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
      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 10 percent or more of gross floor area.
      Note:  Also see conditions for required landscape areas and bufferyards in Chapter 6, Article 3, and D. Other Development Standards below.   
      Development in the Low Intensity Greenfield Mixed-Use (“MU-1G”) District shall be subject to the pertinent development standards in Chapter 6, and the following provisions.
  4. Other Development Standards
    1. Off-Street Parking and Loading
      1. Commercial uses that are located beyond two hundred fifty feet (250') of One or Two Family zoned property, excluding other MU districts, do not require parking.
      2. 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 Greenfield Mixed-Use (“MU-1G”) 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 1,500 feet of an entrance to a passenger rail station, with the maximum number of parking spaces limited to 110 percent of the minimum requirement listed in Section 6.201B; or,
        2. 50 percent reduction for all uses in buildings whose primary entrance is within 1,500 feet of an entrance to a passenger rail station or rail stop, with the maximum number of parking spaces limited to 110 percent of the minimum requirement listed in Section 6.201B.
      3. 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.
      4. The required off-street parking for any use may be located off-site, on property within 500 feet of the subject site.
      5. Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations.
      6. 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 Planning and 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.
      7. 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.
      8. 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”).

      9. These requirements supersede the parking requirements of Section 6.201B.  All other requirements of Chapter 6, Article 2 apply.
    2. Landscaping and Buffers.  The requirements of Chapter 6, Artile 3 apply, with the following provisions.
      Bufferyard and Supplemental Building Setback.
      1. For the purposes of this section, the Low Intensity Greenfield Mixed-Use (“MU-1G”) District shall be considered a nonresidential district.
      2. A bufferyard and supplemental building setback are not required between the boundary of a one- or two-family development within the Low Intensity Greenfield Mixed-Use (“MU-1G”) District and an adjacent one- or two-family district.
      3. All uses, other than one- or two-family adjacent to one- and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial (“E”) District, as described in Section 6.300C. Area Requirements.  In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less.  Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot in height.  This standard is illustrated in Figure 1.  These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one- or two-family districts that serve as public open space, such as parks and drainage ways. 


        MU-1G Supplemental Building Setback and Transitional Height Plane
        Figure 4.2 MU-1G Supplemental Building Setback and Transitional Height Plane (Popup full image) 


Landscaping

  1. Submittal of Landscape Plan.  The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan.

  2. Landscape Area Required.  When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level encroachments.  This front yard landscaping must adhere to the tree and shrub planting requirements of Section 6.301H as well as other applicable landscaping requirements described or referenced within the MU-1G regulations.  Street trees planted in the parkway abutting the property may be credited towards the tree planting requirements described in Section 6.301H if the property owner assumes responsibility for their maintenance through formal agreement with the Parks and Community Services Department.  This credit is applicable to properties with or without required front yard landscaping.  Multifamily and mixed-use developments shall conform to the requirements of commercial and institutional uses in Section 6.301H.

  3. Irrigation.  An irrigation system shall not be required if the landscape plan demonstrates that use of drought resistant plants does not require irrigation.  Trees shall require an irrigation system, regardless of species, and the irrigation system may be provided entirely within the property boundary.

  4. Miscellaneous Requirements.  Sections 6.301J.3 and 6.301J.4 shall not apply.  In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements.

  5. Exemptions from Landscape Requirements.  Section 6.301G shall not apply.  Construction and expansion of multifamily and mixed-use developments within the MU-1G districts are not subject to the Unified Residential Development provisions set forth in Section 6.506, except for 6.506H, but are subject to the landscape requirements described and/or referenced within the MU-1G regulations, which include provisions of the landscape ordinance.

    Landscaping in Parking and Driveway Areas.


  1. Landscape islands shall be required in parking lots with 12 or more parking spaces.  The total area of landscape islands shall equal at a minimum 5 square feet per parking space
  2. Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls 36 to 42 inches in height.
  3. Driveways that are located adjacent and parallel to a public street shall be screened from the public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height.

  1. Signs. See Article 4, Chapter 6 for requirements.

  2. Residential Design Standards.
    For townhouses and other one- and two-family residential development, the “MU-1G” property development standards of Section 4.903.C. shall apply, with the exception of maximum residential units per acre.  For townhouses and other one-and two-family development, the maximum residential units shall be 24.
    Multifamily development and mixed-use projects are exempt from the requirements of Section 6.506 Unified Residential Development except 6.506H, which lists spacing requirements for projects consisting of multiple buildings.  Section 6.506H shall apply to all multifamily development and to mixed-use projects in which the residential uses constitute greater than 90 percent of gross floor area.
    The following requirements are applicable to open space in multifamily development and mixed-use projects in which the residential uses constitute greater than 90 percent of gross floor area:

    1. Rooftop terraces and other common spaces may be included as part of the required open space.

    2. No space or area less than 6 feet in any dimension shall be counted as open space.

  3. Outdoor Storage or Display. Outdoor storage or display requirements for the Neighborhood Commercial (“E”) District shall apply to the Low Intensity Greenfield Mixed-Use (“MU-1G”) District.

  4. Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principal building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement.  The main entrance shall not be from a parking lot, unless the parking is angled, perpendicular, or parallel parking consistent with the conditions of section 1.f.  Secondary entrances from parking lots are permitted.  Interior buildings constructed as part of a campus development are exempt from these requirements.

  5. Fences and Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line. 
    Fences not exceeding 4 feet in height, however, may extend beyond the building façade of attached or detached one- and two-family residential dwellings in mixed-use zoning districts (see ‘5.305 Fences’ B.2. for fence development standards). 

  6. Façade Design Standards for New Construction
    Statement of Intent – The following design standards are intended to encourage new buildings that complement neighborhood character, add visual interest, and support a pedestrian-oriented environment.  The standards are not intended to encourage architectural uniformity or the imitation of older buildings. 
    Large Retail Stores – Large retail stores greater than 50,000 square feet are exempt from the regulations of this section 8 “Façade Design Standards for New Construction,” but shall conform to the design standards for large retail stores listed in section 5.133 of the zoning ordinance. 
    Required Drawings – To illustrate compliance with the following standards, developers shall submit to the Planning and Development Department elevation drawings for those building facades that are oriented to:

    • public streets,

    • private streets and walkways that are publicly accessible through a public use easement, or

    • publicly accessible open space.
      Façade Variation

      1. Each new building façade oriented to a publicly accessible street or open space shall at a minimum incorporate 3 or more of the following 4 scaling elements for building façades greater than 50 ft. in width, and at least 2 of the following elements for building facades less than 50 ft. in width:

        1. Expression of building structural elements such as:

          • Floors (banding, belt courses, etc. not less than 1” deep and 4” wide),

          • Columns (pilasters, piers, quoins, etc. not less than 4” deep and 6” wide), or

          • Foundation (watertables, rustication);

        2. Variation in wall plane (not less than 4 inches) through the use of projecting and recessed elements.  Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers;

        3. Changes in material or material pattern.  Each change of material shall involve a minimum 1 inch variation in wall plane; and

        4. Changes in color.

      2. New commercial and mixed-use building façades oriented to a publicly accessible street or open space shall include differentiation between the first or second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature.

      3. Each sequential block of new construction shall contain a unique building façade so as to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features.

      4. New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least 2 variations in wall plane per 100 linear feet of street frontage.  Variations shall be not less than 3 feet in depth or projection and not less than 2 stories in height for multi-story buildings.
        Commercial floors and frontage within mixed-use buildings shall not be required to meet this standard.

        Fenestration
        New commercial building facades fronting on publicly accessible streets or open space shall be not less than 40 percent or more than 90 percent clear glazing.
        Building Materials - Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre-cast concrete, cement board siding, cast stone or prefabricated brick panels.
        Building Entries

    1. Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain.

    2. Each retail use with exterior, street-oriented exposure shall have an individual public entry from the street.

    3. Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage.

    4. Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit.

  7. Metal Buildings. The exterior metal building walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large Retail Stores. (Ord. No. 18904, Eff. 11/10/09)

  1. Administrative Review Requirements
    1. Conceptual Land Use Plan.  Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Planning and Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Planning and Development Department.  The Planning and Development Director may require a conceptual land use plan for a project smaller than 3 acres if the project is part of a development equal to or larger than 3 acres in size. 
      The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories:
      • One- or two-family residential,
      • Multifamily residential,
      • Commercial,
      • Institutional,
      • Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.903.C.5.b), or
      • Public park.  
        Parking facilities and private open spaces shall be classified the same as the primary land use they serve.
      •  Project Test - The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, One-family detached residential shall not exceed 50 percent of the total land area, and that no land use category other than mixed-use buildings occupies greater than 70 percent of the total land area. 
        The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district.  If a development does not comply with this test, then the vicinity test described below shall apply.
      • Vicinity Test - Developments in which a single land use other than mixed-use buildings exceeds 70 percent of the site’s total land area are permitted if :
        1. The Planning and Development Director determines that the following conditions are satisfied:
          1. The proposed land use at any location within the proposed development site must be within a walking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and
          2. The percentage of any single land use category other than mixed-use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 70 percent of the land area within the radius.  The proposed development shall be included in the calculation of this percentage.  Undeveloped or agricultural property located within the radius shall not be included in the calculation.
          3. Once a project, or portion of a project, is constructed or partially constructed in accordance with the approved Conceptual Land Use Plan, this Vicinity Test shall not create legal non-conforming status nor prevent the restoration of a building or buildings destroyed by fire, explosion or other casualty, or act of God, or the public enemy, nor prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.  Subsequent development within the 1,000 ft. radius described in Section b. above shall not affect the approved conceptual land use plan and shall not create legal non-conforming status. Or
        3. The Planning and Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the development site.
    2. Conceptual Site Plan.  In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Planning and  Development Department for administrative review prior to submittal of permit applications for new construction projects.  The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space.