The MX District is established to provide for high density, multiple family residential development, generally with a minimum density of 40 dwelling units per acre; for mixed use development consisting primarily of multiple family residential development, generally with a density of at least 20 dwelling units per acre, with secondary office and/or other commercial uses. MX Districts should be located in those limited areas where such high density residential or residential mixed use development is in accordance with the adopted comprehensive plan such as within areas delineated as Commercial Revitalization Areas and Urban and Suburban Centers. The MX District regulations are designed to promote high standards in design and layout, to encourage compatibility among uses within the development and integration with adjacent developments, to encourage the use of Transportation Demand Management techniques, and to otherwise implement the stated purpose and intent of this Ordinance and the recommendations of the comprehensive plan.

The following principal uses shall be permitted subject to the approval of a final development plan prepared in accordance with the provisions of the City of Deer Park, and subject to the use limitations set forth in Section 5.06 below:

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Dwellings, multi-family.

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Public uses.

The following secondary uses shall be permitted only in a MX District which contains one or more principal uses; only when such uses are presented on an approved final development plan prepared in accordance with the provisions of the City of Deer Park, and subject to the use limitations set forth in Section 6.06 below.

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Church or other place of worship.

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Private schools of general and special education.

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Colleges, universities.

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Medical offices and related facilities.

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Financial institutions.

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Offices.

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Business services.

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Office supply service establishments.

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Commercial swimming pools, tennis courts and similar courts.

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Health clubs.

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Residential Dwellings.

a.

Single-family attached;

b.

Multifamily;

c.

Congregate living facilities;

d.

Affordable dwelling units;

e.

Independent living facilities; and

f.

Student housing.

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Eating establishments.

a.

Sit-down restaurants.

b.

Fast food restaurants.

c.

Quick-service food stores.

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Hotels, motels.

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Shopping-type Consumer Goods and Related Services limited to:

a.

Antique store;

b.

Camera and photographic supplies: sales and rental;

c.

Dry goods store;

d.

Jewelry, sales and repair;

e.

Music, musical instruments, phonograph record shop; and

f.

Bowling alley.

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Cultural centers, museums and similar facilities.

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Repair service establishments.

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Retail sales establishments.

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Theatres.

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Veterinarian: office only.

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Vehicle transportation service establishments.

For specific Group uses, regulations and standards, refer to Section 17.04.

1.

Subject to the use limitations presented in Section 5.06 below, any use presented in Section 5.03 above as a Group or Category use may be permitted with the approval of a special exception when such use is not specifically designated on an approved final development plan.

2.

Group 11—Community Facilities, limited to:

a.

Sports arenas.

b.

Stadiums.

c.

Club or lodge, private.

3.

Group 12—Public Utility and Related Facilities, limited to:

a.

Heliports.

b.

Helistops.

c.

Bus terminal.

1.

A final development plan shall be submitted and approved concurrently with the conceptual development plan for the proposed development. The conceptual and final development plan shall specify the uses and gross floor area for the proposed development and shall provide site and building designs that will integrate with the adjacent communities and complement existing and planned development by incorporating high standards of urban design. The plan shall also be in general accordance with any specific urban design concept and streetscape plans for the area including the provision of convenient and accessible pedestrian walkways and connections, all as set forth in the adopted comprehensive plan.

2.

The principal residential use shall be multiple-family dwelling units. Single-family attached dwellings may be allowed at the periphery of the development to provide a transition from the high density development to adjacent lower density development.

3.

All uses shall be designed to be harmonious with and not adversely affect the use or development of neighboring properties.

4.

Secondary uses may be permitted only in a MX District where at least 50 percent of the total gross floor area in the development is devoted to multiple-family dwellings.

5.

The floor area for dwellings shall be determined in accordance with the gross floor area definition, except the following features shall not be deemed gross floor area: balconies, porches, decks, breezeways, stoops and stairs which may be roofed but which have at least one open side; or breezeways which may be roofed but which have two open ends. An open side or open end shall have no more than 50 percent of the total area between the side(s), roof and floor enclosed with railings, walls, or architectural features.

6.

Drive-through facilities shall not be permitted.

7.

Vehicle transportation service establishments shall be permitted in accordance with the following:

a.

The total number of company vehicles permitted on site at any given time shall not exceed five.

b.

There shall be no maintenance or refueling of vehicles on site.

1.

Minimum District Size. Two acres, provided the proposed development is in accordance with the adopted comprehensive plan and the purpose and intent and all of the standards and requirements of the MX District.

2.

Minimum Lot Area. No requirement for each use or building, provided that a privacy yard, having a minimum area of 200 square feet, shall be provided on each single-family attached dwelling unit lot, unless waived by the Board in conjunction with the approval of a rezoning application or by the Planning Commission in conjunction with the approval of a subsequent final development plan amendment.

3.

Minimum Lot Width. No requirement for each use or building.

In a mixed building in any district, the bulk and area regulations applicable to nonresidential buildings shall apply, except as follows:

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Usable open space shall be provided, as required for residential buildings.

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Yards and courts shall be provided contiguous to all exterior walls of dwelling units in a multiple use building where such walls contain windows or doors, in the same manner and to the same extent as is required for any residential building, but such yards or courts need not extend below the elevation of the lowest floor of the dwelling units having such walls.

Not less than 20 percent of the gross area shall be landscaped open space. Not more than one-half of the minimum required landscaped open space shall be permitted above the street level, unless otherwise modified by the Board upon specific request.

Recreational facilities, such as swimming pools, exercise rooms, or health clubs, which are located on rooftops, deck areas and/or areas within a building, may be used to fulfill this requirement. The requirement for providing recreational facilities shall be based on a minimum expenditure of $1,800.00 per dwelling unit for such facilities and either:

1.

The facilities shall be provided on-site by the developer in substantial conformance with the approved final development plan; and/or

2.

The Board may approve the provision of the facilities on land which is not part of the subject MX District.

Notwithstanding the above, in affordable dwelling unit developments, the requirement for a per dwelling unit expenditure shall not apply to affordable dwelling units.