§ 302-40. Mixing of uses.

(A)

Mixing of uses within a lot is permitted in all mixed-use districts (CC, SFED-MU, EDBB-MU, GTWY-MU, NBHD-MU) subject to this section. This section identifies the use groups that can be incorporated into the same building or lot with residential use in all mixed-use districts. Note that nonresidential and institutional uses cannot be located above a residential use. Permitted and special exception uses are classified into eight (8) use categories, listed below in loose order of highest to lowest compatibility with residential uses:

(1)

Residential;

(2)

Lodging;

(3)

Mixed-use commercial (given its name because it is appropriate for mixing with residential);

(4)

Civic, institutional;

(5)

General commercial;

(6)

Entertainment;

(7)

Transportation;

(8)

Industrial.

(B)

The following schedule shows the compatibility of each category of use with residential use, ranging from those uses allowed within the same building, but a different story as residential use (vertical mixed-use), to those uses that are not permitted to be on an adjacent lot to residential use. Mixing of uses not otherwise permitted in this subsection may be permitted by special exception.

Legend: P = Permitted SE = Special Exception Use NP = Not permitted (#) = Permitted subject to the corresponding conditions below the table		Use Categories (The permitted uses table is divided into the use categories in the columns below, based upon their compatibility with residential uses.)
Type of Mixed Use Configuration		Mixed-use commercial	General Commercial	Civic, Institutional	Lodging	Entertainment	Transportation	Restricted Commercial	Industrial
	Vertical mixed use directly below a residential story	P	NP	P	P	NP	NP	NP	NP
	Vertical mixed use with minimum one (1) intervening story separating the nonresidential use from a residential story (3)	P	P	P	P	(1)	P	NP	NP
	Permitted as a mixed use in different building on same lot with residential	P	(2)	(2)	(2)	(2)	(2)	NP	NP
	Permitted on a lot adjoining residential or residential mixed use	P	P	P	P	P	P	NP	NP

 

(1)

Requires a minimum of two (2) intervening stories between any story with an entertainment use and any story with a residential use, as well functionally appropriate separation of the uses, which may include but is not limited to extra-thick concrete floors, soundproofing on ceilings, walls and sound-containing openings, operational standards and time limits, or other proven technique acceptable to the city.

(2)

Horizontal mixing via separate buildings is permitted, subject to compatible integration of buildings. Compatible integration shall ensure, at a minimum, that residential uses are not facing, proximate to or accessed through nonresidential loading areas, and that all buildings within the development share some design elements or otherwise have compatible architectural style. Building setbacks and landscape buffers for mixed-use developments where the residential use is located in separate building(s) from the nonresidential use(s) but integrated into the overall development, shall be determined based upon the design of the proposed development as reflected in a master plan or site plan, as appropriate.

(3)

Intervening story must be used for any nonresidential use that is permitted to be vertically mixed directly below a residential story.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)