General purpose and description.

(1)

The purpose of the mixed use regional district is to encourage and promote well-planned, compact and viable commercial development, with an integrated blend of attached residential, multifamily residential, intense commercial and large-scale office. The proposed commercial, office or residential uses may be located in the same building (integrated) or across the street (stand-alone) from each other, with a majority of the finished interior building square footage devoted to nonresidential uses. Through the mixing of uses, a more diverse selection of residential, commercial and office space will be provided within the town, and at the same time, allowing developers the flexibility to respond to the ever-changing economic landscape.

(2)

Mixed use developments should encourage efficient land use by facilitating integrated vertical and/or horizontal development, with a strong relationship to the surrounding environment. This type of development shall promote full utilization of public services, whether existing or new, such as water lines, sewers, streets, and emergency services, by centralizing the high demands on these services.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Permitted (P) or conditional (C) uses.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Development regulations.

(1)

District size.

(A)

Minimum district size: one acre.

(2)

Density.

(A)

Single-family attached units: maximum ten dwelling units per gross acre (du/ga); and

(B)

Multiple-family units: maximum 18 du/ga; and

(C)

Maximum floor area ratio (FAR): 0.55 for integrated uses and stand-alone nonresidential.

(3)

Land use mix limits. All MU-2 zoning districts will have a mix of residential and nonresidential uses at the following rates:

(A)

Residential uses (stand-alone): between 15 percent and 25 percent of the net acre(s); or

(B)

Residential uses (integrated): between 15 percent and 49 percent of the allowable FAR; and

(C)

Nonresidential uses (stand-alone): between 85 percent and 75 percent of the net acres; or

(D)

Nonresidential uses (integrated): between 85 percent and 51 percent of the allowable FAR; and

(E)

Multiple-family uses (stand-alone): shall not exceed 15 percent of the gross area of the zoning district.

(4)

Perimeter setbacks.

(A)

Front yard: 15 feet.

(B)

Side yard: 15 feet.

(C)

Rear yard: 25 feet.

(D)

Any building that is located adjacent to (and not across any right-of-way from) any existing single-family detached zoning district shall be setback from the applicable perimeter property line a distance equal to the height of the building, but not less than 25 feet.

(5)

Open space.

(A)

A minimum of 20 percent of the gross acres of entire zoning district will be reserved as usable open space.

(B)

An increase in density may be achieved at the following rates:

(i)

One-half (0.5) du/ga for each additional five percent of gross acres reserved as usable open space, excluding multiple-family uses; or

(ii)

A tenth (0.1) point FAR for each additional five percent of gross acres reserved as usable open space.

(6)

Impervious surface. Maximum 85 percent of the total net area, including but not limited to, main buildings, accessory buildings, parking lots, roads, drives, alleys, and loading areas.

(7)

Connectivity. A minimum of two vehicular points of connection to adjacent roadways and a minimum of two pedestrian points of connection to adjoining sidewalks, trails or developments shall be provided.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Lot regulations.

(1)

Single-family attached.

(A)

Lot size: Minimum 2,500 square feet and 20 feet in width when measured at the front yard setback line.

(B)

Height: Primary structure shall not exceed 45 feet in height as measured to the peak.

(C)

Setbacks:

(i)

Primary structure:

a.

Front yard: Minimum 15 feet, integral architectural elements of the main structure may extend up to five feet into the front yard.

b.

Side yard: Seven and one-half feet.

c.

Rear yard: Minimum 15 feet.

(ii)

Garage door:

a.

Front yard: Minimum 20 feet.

b.

Side yard: Minimum 20 feet.

c.

Rear yard: Minimum 15 feet.

(2)

Multiple-family.

(A)

Height: Primary structures shall not exceed 45 feet in height as measured to the peak.

(B)

Setbacks:

(i)

Primary structure:

a.

Front yard: Minimum 15 feet, integral architectural elements of the main structure may extend up to five feet into the front yard.

b.

Side yard: Minimum 15 feet.

c.

Rear yard: Minimum fifteen feet.

(3)

Nonresidential development.

(A)

Lot size: Minimum 5,000 square feet and 50 feet in width when measured at the front yard setback line.

(B)

Height: Primary structure shall not exceed 65 feet in height as measured to the peak.

(C)

Interior setbacks:

(i)

Primary structure:

a.

Front yard: Minimum 15 feet, integral architectural elements of the main structure may extend up to five feet into the front yard.

b.

Side yard: Minimum ten feet; or when nonresidential uses are platted adjacent to other nonresidential uses and integrated into an overall shopping center site, creating lease spaces abutting one another, no side yard is required provided it complies with the Town's building code.

c.

Rear yard: Minimum 15 feet.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Parking requirements. Refer to chapter 14, article XXIV.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Landscaping requirements. Refer to chapter 10, article 10.02.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)

Special requirements.

(1)

Application requirements. Specific items required. No application for a MU-2 shall be accepted by the Town until the following items have been submitted to the Town by the applicant:

(A)

A concept plan, prepared in accordance with item (2) below;

(B)

A description of development standards or requirements;

(C)

A description of how the proposed mixed use development fulfills the ideals, goals, objectives, and/or concepts of the Town's adopted comprehensive plan or any other formally adopted Town planning document, such as the master park plan or public facility plan; and

(D)

The required application fee.

(2)

Concept plan.

(A)

Unless the zoning district amendment is initiated by the Town Council, no MU-2 district may be established without an approved concept plan that illustrates the following.

(B)

Content of concept plan. The concept plan shall be submitted by the applicant at the time of application. The concept plan shall graphically show the applicant's intent for the use of the land within the proposed mixed use district. All applications that do not include the concept plan requirements will be considered incomplete.

(i)

Residential. A concept plan for residential land use shall show site topography with contour intervals of no less than five feet, the boundary of the planned development district, generalized location of treed areas, floodplain areas, location of all land use areas and gross acreage for each use and tract, density (net and gross), identification of major access points, rights-of-way or other areas to be dedicated to the Town, open space or common areas, fence row trees and/or proposed mitigation of same, park land, preliminary lot arrangements and street patterns, indication of each phase of development if separate phases are proposed, and other information to adequately describe the proposed development. For residential development which does not propose individual platted lots, the concept plan shall also show the size, type and location of buildings, building sites, lot coverage, access, screening, parking and circulation areas, and landscaped areas. Building elevations shall be required except for single-family detached structures.

(ii)

Nonresidential. A concept plan for other than residential uses shall show site topography with contour intervals of no less than five feet, the boundary of the planned development district, floodplain areas, generalized locations of treed areas, the land uses, gross acreage for each use, building sites or lots, building elevations, lot coverage, floor area ratio for each use, building height and location, parking and circulation areas, identification of major access points, rights-of-way or other areas to be dedicated to the Town, location of building setbacks along the site boundaries on dedicated streets and between residential and nonresidential uses, parking ratios, fence row trees and/or proposed mitigation of same, off-street parking and loading, indication of each phase of development if separate phases are proposed and other information to adequately describe the proposed development.

(C)

The concept plan shall be incorporated as a component to the MU-2 district zoning regulations and shall be construed in conjunction with the authorized uses and development standards set forth in such regulations.

(3)

Open storage. Open storage is limited to a maximum of five percent of the total lot area, shall not be located in front of or on top of the building, shall not be located facing any street, and must be screened in accordance with the provisions of applicable Town ordinances. Storage must not be visible from any public street or adjacent property.

(4)

Temporary facilities. There shall be no permanent use of temporary facilities or buildings.

(5)

Other regulations. Refer to development standards and use regulations.

(Ord. No. 2019-02-810, § 3.03, 2-26-2019)