Chapter 3.3
Mixed-Use

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Mixed-Use Zoning

INTRODUCTION

Mixed-use zoning permits a complementary mix of residential, commercial, and/or industrial uses in a single district. Mixed-use zoning can take a variety of forms, but often is categorized as one of three types: vertical mixed-use, horizontal mixed-use, and mixed-use walkable.[1] Vertical mixed-use allows for a combination of different uses in the same building and most frequently the non-residential uses occupy the bottom portion of the building, with the residential on top.[2] Horizontal mixed-use allows distinct uses on separate parcels to be combined in a particular area or district. This helps avoid the complexities of combining uses that may have different safety or regulatory requirements in a single building.[3] Mixed-use walkable combines vertical mixed-use and horizontal mixed-use, thus creating an area containing mixed-use buildings as well as distinct single-use buildings in close proximity to each other.[4]

Prior to the rise of the automobile and modern zoning practices, mixed-use developments were the norm.[5] Since the rise of classic Euclidean Zoning, use segregation has been the norm and integrated land uses have been relatively rare.[6] The emergence of sustainability and walkability as important factors in community development has led to a resurgence of mixed-used zoning.[7] Implementation of mixed-use zoning has evolved to include more than just permitting mixed-use developments in certain districts. Local governments are now creating mixed-use districts. This allows for a more widespread integration of uses and the development of increasingly cohesive and efficient communities.

EFFECTS

Mixed-use zoning can provide several important benefits, including:

• Reducing combined housing and transportation costs for households by providing diverse housing options and alternatives to automobile travel;
• Creating cohesive, yet diverse, neighborhoods with increased economic and cultural opportunities, contributing to greater livability and a healthier local economy;
• Encouraging healthier lifestyles by creating a pattern of development in which biking and walking are part of everyday travel behaviors;
• Reducing vehicle miles traveled, dependence on fossil fuels, and associated greenhouse gas emissions;
• Reducing the costs of delivering public services by encouraging infill and redevelopment in areas with existing infrastructure;
• Providing a more compact development pattern that helps preserve open space and natural resources elsewhere in the community or region;
• Encouraging a more sustainable transportation system over the long term by creating viable options for people to get to destinations by multiple modes of transportation;
• Reducing reliance on building new roadways or widening existing roadways to meet transportation needs as a community and region continues to grow; and
• Taking advantage of and facilitating public investments in transit infrastructure, enabling more efficient servicing of community and regional transportation needs.[8]

When implementing mixed-use zoning, municipalities should consider how to mitigate potential adverse impacts related to mixed-use developments and buildings. Such negative impacts may include increased traffic, differing parking needs for residential and commercial uses, and insufficient existing infrastructure.[9]

EXAMPLES

Baltimore, MD

In 2017, the city of Baltimore’s most recent zoning code update went into effect. The updated code included the addition of new mixed-use zoning districts aimed at boosting the economic development of the City as well as preserving the existing character.^[10] For example, an industrial mixed-use zoning district was added, intending to encourage the reuse of older buildings for light industrial use and other non-industrial uses.^[11] An industrial use must account for at least 50% of the total ground floor area of all buildings on the lot or a use other than residential must account for at least 60% of the total ground area. Also, the addition of Rowhouse Mixed-Use Overlay districts as well as Detached Dwelling Mixed-Use Overlay districts were intended to address those areas where a mixed-use environment was desired in rowhouse or detached dwelling developments.^[12] The overlay districts are directly tied to the underlying rowhouse or detached dwelling district in order to preserve the existing character and development of the neighborhoods.^[13] Commercial and non-residential uses are restricted to those that are compatible with the existing residential use.^[14] For instance, detached dwelling mixed-use districts limit the permitted non-residential to the ground floor of the dwelling and  only four types of uses are permitted.^[15]

To view the provision, see Baltimore, MD City Code, Art. 32 § 6-201 (2017).

St. Anthony, ID

The city of St. Anthony established mixed-use zones to provide for commercial aspects in neighborhood centers.[16] These centers should include a mix of land uses that are “located together either vertically or horizontally within the same building as well as a mix of individual residential and commercial buildings in close proximity.”[17] There are two types of mixed-use districts. The low intensity mixed-use district (MU1) has an allowable housing unit density of up to 8 units per acre and is intended to have a more residential style rather than commercial.[18] The moderate intensity mixed-use district (MU2) has a permitted housing unit density of 16 units per acre with a special use permit and is more commercial in style.[19] In both districts, a principle building is required to have its main entrance accessible through a public sidewalk or a private sidewalk publicly accessible through a public use easement in order to encourage pedestrian-oriented developments.[20]

To view the provisions, see St. Anthony, ID Municipal Code §§ 17.06.090-17.06.120 (2015).

ADDITIONAL EXAMPLES

Madison, WI Code of Ordinances § 28.060 (Current through 2018) (establishes several mixed-use districts including a limited mixed-use district that allows for small scale mixed-use development in residential areas).

Wheat Ridge, CO Code of Ordinances § 26-1102 (2010) (establishes a mixed-use commercial zone district, designed to encourage medium to high density mixed use development, and a mixed-use neighborhood district, designed to encourage medium density mixed use development).

Mount Dora, FL Land Use Development Code § 3.4.16 (2018) (mixed-use transitional district and mixed-use downtown district established to encourage a pedestrian environment and reduce automobile trips).

Fort Lauderdale, FL Unified Land Development Code § 47-18 (1997) (permits mixed-use development in certain zoning districts).