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Erwin City Zoning Code

ARTICLE VII

A.- DOWNTOWN MILL VILLAGE DMV

Sec. 36-181.- Intent.

The purpose of this district is to serve as a transition between residential and more intensive nonresidential districts as well as to encourage the redevelopment of existing or older neighborhoods characterized by single-family residences on relatively smaller lots and provide reduced setback requirements and a defined street orientation. This includes residential and commercial uses with a low noise and traffic impact which would generally be considered compatible with a residential area which may or may not have buffering requirements as documented in section 36-241 of this article.

(Ord. No. 2016-2017:002 , 10-6-2016)

Sec. 36-182. - Permitted principal uses and structures.

The following are permitted uses and structures:

(1)

Single-family dwelling units.

(2)

Religious uses, including churches and other places of worship, religious education buildings, and parish houses.

(3)

Family care home.

(4)

Municipal facilities.

(5)

Offices for business and professional uses.

(6)

Park, public.

(7)

Restaurant whose operation is conducted entirely within an enclosed building, no drive-up window or service.

(8)

Athletic and exercise facilities whose operation is conducted entirely within an enclosed building.

(Ord. No. 2016-2017:002 , 10-6-2016)

Sec. 36-183. - Permitted accessory uses and structures.

Permitted accessory uses and structures include any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See article XV of this chapter.)

(Ord. No. 2016-2017:002 , 10-6-2016)

Sec. 36-184. - Special uses.

The following are conditional uses:

(1)

Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of another day care center, day nursery, preschool, or similar use.

(2)

Bed and breakfast.

(3)

Customary home occupations.

(4)

Public facilities.

(5)

Tavern/bar/pub whose operation is conducted entirely within an enclosed building.

(6)

Mixed uses whose operation is conducted entirely within an enclosed building.

(7)

Two-family dwelling.

(8)

Multifamily dwelling, apartments or condominiums.

(9)

Mixed uses in a single structure, minimum first floor 50 percent retail or offices for business or professional uses, whose operation is conducted entirely within an enclosed building.

(10)

Townhouses.

(11)

Multifamily dwellings, upper floors of commercial buildings—mixed uses.

(12)

Mixed uses commercial and/or office building.

(13)

Entertainment facilities whose operation is conducted entirely within an enclosed building.

(14)

Personal service establishments whose operation is conducted entirely within an enclosed building.

(Ord. No. 2016-2017:002 , 10-6-2016; Res. No. 2021-2022-001 , 7-1-2021)

Sec. 36-185. - Dimensional requirements.

(a)

The following regulations shall govern all permitted and conditional uses in this district:

(1)

Minimum lot area: 7,000 square feet.

(2)

Two-family: 9,000 square feet per development and an additional 2,000 square feet per unit.

(3)

Minimum lot width: 65 feet.

(4)

Two-family dwelling: 75 feet.

(5)

The administrative official shall determine frontage for irregularly shaped lots.

(b)

The following are the minimum setbacks for properties located within the DMV district:

(1)

Minimum required front yard: 18 feet (excluding steps).

(2)

Minimum required rear yard: 15 feet (excluding steps).

(3)

Minimum required side yard: 8 feet.

(4)

Maximum building height: 35 feet.

The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Non-residential buildings located within the areas identified Medium Intensity, High Intensity, Downtown, and Employment Center Land Use Classifications are exempt from the district height requirement if they conform to the following:

a.

Highest point of the building shall not exceed 80 feet.

(Ord. No. 2016-2017:002 , 10-6-2016; Ord. No. 2019-2020-007 , 3-5-2020)