38.040 Allowed Uses

A. Any use identified as a permitted or conditional use by this Code, or other use proposed by the applicant, Adopted 01/13/15 may be an allowed use in a TOD; however each requested use must be authorized through a TOD land use plan as defined herein, which has been approved and adopted by the City Council. Proposed uses will be reviewed for compatibility within the TOD as well as compatibility with allowed uses in adjacent zones. B. Each TOD shall incorporate a mix of uses, both commercial and residential. A minimum of 30 percent of the gross floor area shall be non-residential use, as defined by Section 38.020 of this Code. C. The minimum percentage of non-residential floor area may be reduced to 10 percent if the applicant can justify (including a market study) the property has limited commercial viability due to reasons such as poor visibility or access. D. Amenities associated to residential uses shall not be applicable toward the minimum non-residential use requirement. Residential amenities include but are not limited to the following: 1. Club house 2. Gym/exercise room 3. Swimming pool/spa 4. Lobby and internal corridor areas E. The intent of including non-residential uses within a TOD zone is to encourage walking trips and to increase transit ridership. The TOD zone is envisioned to be both an origin and destination for transit users. F. In the case that a transit station is not currently existing, the applicant shall coordinate the station location and associated parking lots with UTA. Property for the station and associated parking must be preserved. As part of the approval of the land use plan, funding and compensation options can be considered.