Article II - Zoning District Regulations
Subpart C. Mixed Use District
Mixed Use District (MU)
The Mixed Use District (MU) is created to plan and promote developments that embody variety, innovation, and
flexibility by allowing a variety of uses, lot sizes, dwelling unit types, and design requirements. MU districts are
intended to be located in areas designated by the Comprehensive Plan as Transitional (RTA) or Urban (USA), and
are required to utilize municipal, public, or community utility systems. MU districts shall be considered Conditional
Zoning Districts only. The intent of the MU district is to: (1) permit a creative approach to the development of land;
(2) provide for an efficient use of land; (3) enhance the appearance of developments through preservation of natural
features; and (4) provide for recreational areas and open space where appropriate.
Dimensional Requirements. Each use allowed in this district shall, at a minimum, conform to the following
dimensional requirements. In some cases a specific use may be required to meet the Supplemental
Requirements as set forth in §42-63 (Supplemental Requirements).
Dimensional requirements for single and multifamily residential uses shall be the same as those
found in the R1 District.
Residential accessory structures shall be located in rear and side yards and shall be setback ten
(10) feet from any property line.
Site Plan. Major Site Plan required in accordance with §42-331 (Major Site Plan Review).
All MU districts shall be approved as a Conditional Zoning District and shall adhere to a site-
specific development plan.
A minimum of ten (10) acres is required for the establishment of an MU district. All lands in an
MU district shall be under single ownership or management by the applicant as exhibited by a
deed and/or legal title at the time of application and development of each phase. An MU district
may include lands under joint or multiple ownership where the applicants seek such an MU.
An MU district and a subdivision that occur simultaneously as one contiguous development shall
adhere to the requirements of an MU district and conditional zoning district and shall also follow
the review processes of §42-340 (Review for Major Subdivisions and Conservation Subdivisions
of Three Hundred (300) or More Lots).
MU districts may be developed in phases.
Pervious pavement shall be required for a minimum of 25 percent of all paved surfaces (roads,
parking areas, drives, sidewalks, etc.) within an MU District.
All MU Districts shall adhere to the road standards required for a major subdivision in accordance
with Article III, Subdivision Regulations, and shall be organized:
To provide increased internal mobility;
To provide safe and convenient access;
In intersecting/grid patterns where possible; and
Without cul-de-sacs (except where topographical considerations/ restrictions are
submitted by the applicant).
In accordance with this Chapter, a driveway shall serve three (3) or fewer dwelling units. Within
an approved MU district, a driveway may serve a four (4) unit building (quadraplex), but in no
case shall a single driveway serve more than one (1) individual quadraplex.
Where an MU district is located along any road with current public transit access and such public
transit authority approves the addition of a stop, such MU district shall provide a minimum of one
(1) public transit access shelter for the use of occupants/patrons.
(10) Utility lines within an MU district shall be subsurface.
(11) Solid waste collection systems must be installed and/or operated to meet all local and state
statutes, ordinances and regulations and shall thereafter be certified by the Department of Public
Health. Each MU district shall provide a suitable method of solid waste disposal (in accordance
with Chapter 165 of the Henderson County Code, Solid Waste) and collection consisting of either
private collection from individual uses or the use of dumpsters. Where dumpsters are used
concrete pads shall be designed to drain to a bio-retention area to filter stormwater before the
water reaches a larger drainage system, and a Screen Class One (1), Two (2), or Three (3) shall be
provided consistent with the requirements of §42-182 (Screen Classification).
(12) An MU district shall include open space in perpetuity (perpetual easements or deed restrictions are
required) equivalent to 20 percent of all lands within the MU district.
(13) Common Area Requirements. A common area shall be provided, that is equivalent to ten (10)
percent of the total MU district. Common area shall be: accessible for the use and enjoyment of
the MU district occupants/patrons, located as to be free of traffic hazards, and maintained in good
condition by the applicant.
Other Requirements. Due to the comprehensive nature of an MU district, there are several sections that
must be consulted. Please refer to the following sections for more information on each requirement of an
See Article III for information on road design and construction standards, pedestrian facility
standards, water and sewer requirements, and fire protection.
See Article V for landscaping and buffering requirements.
See Article VI for off-street parking and loading requirements.
See §42-63 (Supplemental Requirements) for each land use.
See Article VII for sign requirements.
See Article XI for permitting procedures.