Purpose. The purpose of the Mixed Use Commercial (MUC) Zoning District is to create a traditional mixed-use area that can serve as a gathering place, scaled to the pedestrian.

Goals. The goals of this article are:

Retail and personal service establishments.

Banks, offices and agencies.

Restaurants and food service establishments.

Churches.

Libraries.

Apartments, multifamily residential and senior living facilities.

Any use in which goods or services are exclusively dispensed through a drive-up window or automated dispensing device.

One- or two-family detached dwelling units.

Adult entertainment establishments.

Any use involving a building with the gross floor area (GFA) exceeding 8,000 square feet, or up to 15,000 square feet with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)[1]

Any use which does not comply with § 235-39, Limitations on uses, which addresses hazardous materials and pollutants.

Any use involving the continuous use or outdoor storage of construction equipment.

Funeral homes.

Mini storage facilities, contractor storage yards and landscaping and nursery uses.

Commercial outdoor swimming pools.

Laboratories.

Animal hospitals, dog kennels and stables.

Car washes.

Automobile, boat, recreational vehicle and motorcycle sales, service, repair, storage and impounding facilities.

Motels.

The following uses are permitted subject to the issuance of a special use permit by the Town Board pursuant to the special use permit requirements set forth in §§ 235-28 and 235-30.5B below and upon a determination that such use would be consistent with the purpose and goals of the Mixed Use Commercial (MUC) Zoning District:

Requirements.

Minimum lot area: none.

Minimum lot width: 24 feet.

Maximum front setback: to be determined by the Planning Board but not to exceed the average setback of the adjoining structures.

Rear setback: zero feet, or 10 feet when the lot abuts any residentially zoned district.

Side setback: zero feet, or 10 feet when the lot abuts any residentially zoned district.

Maximum building area: 8,000 square feet of gross floor area (GFA) without bonuses, up to a maximum of 15,000 square feet with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)

Maximum building height: 35 feet.

Minimum frontage build-out: 70%. (Defined as the percentage of the lot frontage occupied by a building's front facade.)

Maximum impervious surface coverage per lot: 75% without bonuses, 95% with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)

Residential uses, multiple dwellings or apartments: A minimum of one-and-one-half spaces per dwelling unit. These requirements may be reduced for dwelling units with less than 1,000 square feet of gross floor area (GFA), senior citizen housing, mixed-use developments, or under other appropriate circumstances, if the Planning Board determines that such reductions are warranted and would help to advance the district's purpose and goals.

Nonresidential uses: The minimum off-street parking requirement for all permitted nonresidential uses shall be three spaced per 1,000 square feet of gross floor area (GFA) but no less than two per thousand square feet of gross floor area (GFA) with bonuses.

Common or public parking: Parking for uses in the Mixed Use Commercial (MUC) Zoning District shall, to the extent feasible, be provided in parking lots open to the public or in common with other property owners, rather than on individual lots restricted to customers or clients of each use.

Fee in lieu of providing required parking spaces.

Location of parking. Parking requirements may be satisfied by the use of shared parking by different uses on the same site, off-site public or private parking, and payment of a fee in lieu of providing parking, or a combination of these options.

Cross access. Vehicular cross-access between lots may be required by the Planning Board when feasible. The exact location and the extent of cross-access between lots shall be subject to review and approval by the Planning Board.

Mixed use. Where a building contains both residential and nonresidential uses at least 25% of the gross floor area (GFA) of the building must be devoted to each type of use, however, in no event the cumulative incentives would reduce the minimum off-street parking requirements to less than two spaces per thousand square feet of gross floor area (GFA) and a maximum impervious ratio of 95% of the lot area.

Parking. When land used for parking on a lot is conveyed to the Town for public parking, permanently posted as being available for public use, or a cross-access easement is provided to the Town, the following incentives may be provided:

Civic space. Upon approval of the plan and acceptance by the Town Board, for every 1,000 square feet of land dedicated to public use for pedestrian plazas, squares, greens, works of art, parks, playgrounds, trails, or other such public amenity as shown on the Regulatory Plan, 100 square feet of additional gross floor area (GFA).

Public improvements. If an applicant agrees to install off-site public improvements approved and accepted by the Town Board, for every $5,000 spent on such public improvements, 100 square feet of additional gross floor area (GFA) shall be permitted.

Direct pedestrian connections to the public sidewalks from the front or side building entrance(s).

Direct pedestrian access to adjacent properties with pedestrian walkways wherever possible.

Pedestrian walkways from buildings to parking areas, with extension of such walkways through the parking areas to adjacent streets and buildings.

A direct nexus between the plan submitted and the zoning district design guidelines.