(a)

Purpose of L-MU local mixed-use zoning district. The L-MU Local Mixed Use Zoning District is designed to provide a flexible land use regulatory environment for small-scale retail, personal service, office and multiple-family residential development that requires off-street parking.

(b)

Purpose of R-MU regional mixed-use zoning district. The R-MU Regional Mixed Use Zoning District is designed to provide a flexible land use regulatory environment to accommodate a mix of uses to consist of any of the following categories: retail, personal service, office, entertainment, hotel and multiple-family residential development as specified in table 1 in section 56-275 is intended to accommodate destination centers and large-scale retail locations for residents of the village and surrounding areas. The R-MU district provides for development that generates sizeable amounts of traffic and requires significant off-street parking and attention to unified urban design.

(Ord. No. 12-10-22, §1(98-220), 10-16-2012)

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Table 1, Mixed Use Zoning Districts Permitted and Special Uses, lists permitted and special uses for the mixed-use districts. A "P" indicates that a use is considered permitted within that district. An "S" indicates that a use is considered a special use in that district and must obtain a special use permit as required in article XI of this chapter, pertaining to special uses. No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within that district. Use standards are located in section 56-370, pertaining to use standards.

TABLE 1. MIXED USE ZONING DISTRICTS PERMITTED AND SPECIAL USES

P = Permitted Use, S = Special Use

Table 1 Footnotes:

¹ The terms in this column ("Use") are defined in section 56-2 (definitions).

(Ord. No. 12-10-22, §1(98-221), 10-16-2012)

(a)

Table 2, Mixed Use Zoning Districts Bulk and Setback Regulations. Table 2, Mixed Use Zoning Districts Bulk and Setback Regulations, establishes the height and area regulations for the mixed-use zoning districts.

TABLE 2. MIXED USE ZONING DISTRICTS DEVELOPMENT AND SETBACK REGULATIONS

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(b)

Density. Multiple-family dwelling units shall only be permitted above the first floor of any building or structure. There shall be 2,500 square feet of lot area for each such dwelling unit beyond the square footage necessary and required for the designated use on the first floor of such building or structure. However, in no case shall the total lot area be less than 20,000 square feet.

(Ord. No. 12-10-22, §1(98-222), 10-16-2012)

(a)

Establishment of regulating plan for R-MU district. To ensure a coordinated development pattern, a regulating plan must be prepared for any Mixed Use Development Area (MUDA) consisting of a parcel, or group of contiguous parcels to be zoned R-MU. The regulating plan shall contain standards and requirements to coordinate site development and the placement of buildings on all parcels contained within that MUDA. The village may initiate the preparation of this regulating plan upon rezoning of parcels to R-MU, or provide the opportunity for the owners of such parcels to prepare the plan, subject to approval by the village. Approval of a regulating plan may be granted only after the conduct of a duly noticed public hearing and recommendation by the planning and development commission and final decision by the village board.

(b)

Standards of approval for regulating plan. The planning and development commission and village board shall consider the following standards when determining the design of the regulating plan:

(1)

Consistency with the village's comprehensive plan.

(2)

The extent to which the proposed use and design of the property promotes the health, safety and welfare of the public.

(3)

The care with which the community has undertaken the plan for the use and development of the property.

(4)

The suitability of the property for its intended uses.

(5)

The impact of the property on adjacent use and transportation systems.

(6)

The ability to accommodate the range of uses allowed within the zone.

(c)

Contents of regulating plan. The regulating plan shall be prepared in a mapped format that encompasses all contiguous properties of the Mixed Use Development Area (MUDA) located within an established and mapped R-MU district. The regulating plan should illustrate:

(1)

The boundaries of the R-MU district which contains the MUDA.

(2)

Points of access into the MUDA from abutting streets.

(3)

The designation of development parcels, if more than one, within the MUDA.

(4)

A concept for the organization of circulation within the MUDA.

(5)

The location of setback or build-to lines with relation to abutting streets and internal circulation routes.

(6)

The proposed maximum height of buildings to be constructed within each development parcel.

(7)

Certification that the design of structures on the site subject to the regulating plan shall meet those standards set forth in subsection (d) of this section, as directed by the planning commission.

(d)

Development standards for site structures within the R-MU and L-MU districts. The following standards should be incorporated in all site plans and proposed structures intended for construction on sites within the R-MU and L-MU districts:

(1)

Building facade.

a.

Multi-story buildings shall be designed with a definable base, middle and top. Rooflines, cornice treatments and window designs should divide larger buildings.

b.

Facades of buildings, including side facades, shall be visually broken into bays to avoid the appearance of large, blank walls. When visible from the public right-of-way, facades must include architectural features to avoid the appearance of blank walls facing the street. These include, but are not limited to, changes in the wall plane of at least two feet, changes in wall texture or masonry patterns, colonnade, columns or pilasters.

c.

The use of multiple materials, textures or colors is required to add visual interest to the facade. Building facades in excess of one-hundred feet must include a repeating pattern with no less than two of the following elements: color change, texture change, material module change, or a wall articulation change of no less than two feet such as an offset, reveal, pilaster or projecting rib. All elements must repeat at intervals of no more than 25 feet.

d.

Predominant facade colors shall be subtle, neutral or earth-toned unless this requirement is exempted through the site plan review process in cases where color, outside the range listed above, is connected to the brand of the business concern that will occupy the building. However, primary colors, high intensity colors, metallic or fluorescent colors, and black are prohibited as predominant facade colors in all cases. Building trim and accent areas may be brighter and include primary colors.

(2)

Building fenestration.

a.

Windows shall be set back into or projected out from the facade to provide depth and shadow. Windows shall include visually prominent sills or other appropriate forms of framing. Awnings or shutters should be used to accentuate window openings and add interest to the design of the building.

b.

Nonresidential ground floor development shall maintain a transparency of 50 percent on the front building facade. Windows shall be constructed of clear or lightly tinted glass (no tinting above 20 percent or reflective glass).

(3)

Building rooflines.

a.

Rooflines must either be varied with a change in height or with the incorporation of a major focal point feature, such as a dormer, gable or projected wall feature, every 100 linear feet in building length.

b.

Mansard roofs are prohibited.

c.

Parapet walls shall feature three-dimensional cornice treatments or other shadow-creating detail elements along their tops.

d.

Green roof designs that incorporate a planted growing medium are encouraged.

(4)

Building entrances.

a.

All buildings shall have a public entrance from the sidewalk along the primary street or drive frontage. Public entrances should be articulated from the building mass.

b.

Facades that abut parking areas and contain a public entrance shall make provision for pedestrian walkways and landscape areas.

c.

If outlot buildings are part of a large retail development, outlot buildings must define the street frontage by placement near the street with showcase windows and entrances oriented toward the street, as well as to the interior parking lot.

(5)

Building materials.

a.

The following materials are permitted for use on exterior elevations:

1.

Clay brick;

2.

Natural or cast stone;

3.

Wood;

4.

Architectural pre-cast concrete panels (flat panels with no detail are prohibited).

b.

The following building materials are prohibited. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction that is not used as a surface finish material:

1.

Plain concrete block;

2.

Utility brick;

3.

Aluminum, steel or other metal sidings;

4.

Metal wall panels;

5.

Exposed aggregate (rough finish) concrete wall panels;

6.

Exterior insulating finish systems (EIFS);

7.

Plastic;

8.

Glass curtain walls.

(Ord. No. 12-10-22, §1(98-223), 10-16-2012)

A site plan reflecting the requirements of the regulating plan and indicating the disposition of buildings, location of parking lots, patterns of site access and circulation, anticipated gross development area, illustrative building types and landscape concepts must be submitted for site plan approval prior to granting any building permits. The site plan shall reflect the standards in the regulating plan plus any other requirements as established by this article.

(Ord. No. 12-10-22, §1(98-224), 10-16-2012)

(a)

Site plan review. See section 56-430 pertaining to site plan review, for standards governing site plan review, which is required for any zoning petition for the development or redevelopment of a zoning lot within the L-MU Local Mixed-Use Zoning District or R-MU Regional Mixed-Use Zoning District.

(b)

Use standards. See section 56-370, pertaining to use standards, for standards governing use.

(c)

Landscaping and screening. See section 56-369, pertaining to landscaping and screening, for standards governing landscaping and screening.

(d)

Off-street parking and loading. See article XII of this chapter, pertaining to off-street parking and loading requirements, for standards governing off-street parking and loading; multiple-family dwelling uses per section 56-344(3), pertaining to R-3 multifamily district, and commercial uses per section 56-344(5), pertaining to C-2 general service district.

(e)

Signs. See chapter 38, pertaining to signs, for standards governing signs. Signs in the L-MU Local Mixed-Use Zoning District or R-MU Regional Mixed-Use Zoning District are subject to site plan review per section 56-430, pertaining to site plan review.

(f)

Nonconformities. See article XIV of this chapter, pertaining to nonconforming uses, for standards governing nonconformities.

(Ord. No. 12-10-22, §1(98-225), 10-16-2012)