The mixed-use commercial (MU-C) zone district shall be governed in conformity with the following regulations.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

The mixed-use commercial zone district provides for a diversity of commercial, service, and entertainment-related uses in mixed-use buildings allowing for residential units above commercial units. The mixed-use commercial zone advances New Castle's Comprehensive Plan principles, policies, and goals geared toward a strong and sustainable local and visitor economy with a diversity of commercial opportunities. The mixed-use commercial zone creates economic vitality by providing a mix of commercial uses with greater flexibility in architecture and design, enhancing New Castle's community character. The mixed-use commercial zone district provides an opportunity to transition from more intensive, single-use districts such as residential or commercial zone districts.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

Permitted uses in the mixed-use commercial zone district are as follows:

1.

Business or professional office unless otherwise provided in this chapter;

2.

Retail sales, including:

a.

Restaurants without drive-through facilities;

b.

Outdoor dining facilities;

c.

Furniture store;

d.

Dry goods store;

e.

General merchandise store;

f.

Fabric store;

g.

Apparel and accessories;

h.

Appliance store;

i.

Automotive parts and accessory sales;

j.

Botanical plants and gardening materials;

k.

Hardware store;

l.

Building materials and supplies;

m.

Newsstand;

n.

Drug store;

o.

Medical supply;

p.

Small equipment sales and leasing (not to include sales and leasing of heavy equipment);

q.

Electronic equipment;

r.

Grocery store;

s.

Sporting goods and non-motorized recreation sales;

t.

Office equipment sales and leasing;

u.

Pets and pet supplies;

v.

Wine and beer making supplies and equipment;

w.

Video sales and rentals;

x.

Bakery and doughnut shop;

y.

Coffee shop;

z.

Temporary open-air market limited to one time per week for a maximum of one hundred twenty (120) days per year.

3.

Services, including:

a.

Banks and financial institutions with drive-through facilities;

b.

ATM machines;

c.

Travel agency;

d.

Upholstery shop;

e.

Appliance repair service;

f.

Barbershop and beauty salon;

g.

Photography studios;

h.

Tailor shop;

i.

Appliance, office equipment and small engine repair;

j.

Newspaper office;

k.

Mail or package delivery;

l.

Instructional studios;

m.

Printing;

n.

Blueprinting and copying;

o.

Real estate office;

p.

Private studio for the creation and sale of arts and crafts;

q.

Cabinet shop with or without fabrication;

r.

Glass shop.

4.

Recreation and entertainment uses, including:

a.

Arcade;

b.

Health clubs;

c.

Parks and open spaces;

d.

Playgrounds;

e.

Movie theater;

f.

Performing arts studio;

g.

Fieldhouse/recreation center.

5.

Residential units and associated accessory uses and home occupations above commercial, service, retail, or business or professional offices.

6.

Civic and governmental functions including:

a.

Police station;

b.

Fire station;

c.

Dispatch center;

d.

Museum.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

Conditional uses in the mixed-use commercial zone district are as follows:

1.

Hotel, motel, resort, or lodge;

2.

Laundromat;

3.

Dry cleaning for individual service;

4.

Bus station and other public-transit related facilities;

5.

Temporary gravel extraction;

6.

Communication towers;

7.

Wine, beer, or spirit manufacturing facility, including breweries and distilleries;

8.

Restaurant with associated wine, beer, or spirit manufacturing facility, including breweries and distilleries;

9.

Any use not otherwise listed in this Chapter 17.69 and that is compatible with the purpose of the mixed-use commercial zone district.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

All retail sales and displays must be conducted entirely within a building, except the display and sale of botanical materials and seating facilities for outdoor dining facilities. Building materials and gardening supplies may be stored outside of a building but must be totally screened from view when observed from any point on the adjacent public right-of-way or any point on the natural grade of the adjoining properties by opaque fencing or walls. Use of tennis court screening or slats inserted in a chain-link fence shall not be considered opaque fencing or walls.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

The following lot dimension requirements shall apply in this zone district:

A.

Minimum lot area: One thousand seven hundred fifty (1,750) square feet.

B.

Minimum lot width: Thirty-five (35) feet.

C.

Maximum lot area: Three and one-half (3.5) acres.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

The following floor area requirements shall apply in this zone district:

A.

Residential:

1.

Minimum: Four hundred (400) square feet per dwelling unit.

2.

Maximum: One thousand two hundred (1,200) square feet per dwelling unit.

B.

Non-residential:

1.

Minimum: One thousand (1,000) square feet per unit.

2.

Maximum: Twenty thousand (20,000) square feet per building.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

The following setback requirements shall apply in this zone district:

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

Maximum building height shall be forty (40) feet, with up to three stories, excluding basements, with residential uses allowed on the second and third stories.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

The maximum density in this zone district shall be up to twenty (20) units per acre, whether consisting of single or mixed-use buildings.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)

At least ten (10) percent of the total lot area shall be landscaped. All land use and building permit applications regarding property within the mixed-use commercial district shall be accompanied by a landscaping plan for approval by the town council.

The maximum impervious area of each lot within the district shall be ninety (90) percent of the total lot area.

(Ord. No. TC-2017-3, § 3 (Exh. A), 7-18-2017)