MU, Mixed-Use District. This district is established for the purpose of offering a tool that permits a combination of residential and non-RESIDENTIAL USEs within a cohesive integrated DEVELOPMENT. A variety of housing types is encouraged at moderate densities, along with complementary office, RETAIL, and service uses in scale with the character of the district and surrounding area. Size limits are imposed to ensure that NONRESIDENTIAL USEs remain appropriate to the district intent.

BUILDINGs or land shall not be used; and BUILDINGs shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance. Land and/or BUILDINGs in the districts indicated at the top of Table 7-2 may be used for the purposes denoted by the following abbreviations:

A.

PERMITTED USE (P). Land and/or BUILDINGs in this district may be used by right.

B.

CONDITIONAL USE (C). Land and/or BUILDINGs in this district may be used by right, provided the specific conditions related to that use, as found in Article 9 are met.

C.

Specific Conditions. Indicates the relevant section listing the requirements or conditions applicable to the CONDITIONAL USE which must be satisfied, in addition to the general criteria of Section 9.3.

A.

Area and Density. All LOTs and BUILDINGs shall meet the minimum area and width requirements of Table 7-3. New LOTs shall not be created, except in conformance with these requirements.

B.

Density Bonus. A residential density bonus over and above the density otherwise allowed in the mixed-use district may be approved by TOWN COUNCIL provided the applicant increases the percentage of the total project area dedicated for OPEN SPACE. This bonus may be granted only if specifically requested by the applicant. Such bonus shall consist of an additional one (1) unit per NET ACRE of allowable density for every additional five (5) percent of HIGH GROUND land area devoted to dedicated OPEN SPACE beyond the minimum requirement; provided, the maximum bonus shall not exceed an additional five (5) units per NET ACRE.

C.

SETBACKs. All STRUCTUREs and their placement on a LOT shall conform to the minimum dimensional requirements listed in Table 7-3a.

²¹ Setbacks apply to the perimeter boundary of the project area. Individual setbacks within the mixed-use development shall be determined during the development plan review process, based on the setback requirements for the zoning district corresponding with the proposed use.

D.

OPEN SPACE. Dedicated OPEN SPACE shall be provided in accordance with the following standards:

1.

A minimum 20 percent of the gross land area, as specified in Table 7-3, shall be dedicated OPEN SPACE.

2.

Dedicated OPEN SPACE shall be shown on the concept plan and preliminary PLAT, if applicable, and shall be labeled to specify that the land is to be dedicated for OPEN SPACE purposes. The OPEN SPACE land is to be permanently reserved for OPEN SPACE purposes. The applicant shall convey the dedicated OPEN SPACE as a condition of approval through any of the following means, as approved by the TOWN COUNCIL:

a.

Deeded in perpetuity to the TOWN;

b.

Reserved for common use or ownership of all property owners within the DEVELOPMENT by covenants in the deeds approved by the TOWN attorney. A copy of the proposed covenants shall be submitted with the application for final site plan approval;

c.

Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deed and relevant corporate documents of the land trust shall be submitted with the final site plan application;

d.

Deeded to a property owner's association or REGIME within the DEVELOPMENT upon terms and conditions approved by the TOWN attorney that will ensure the continued use and management of the land for the intended purposes. If this option is selected, the formation and incorporation by the applicant of one (1) or more appropriate property owners' associations or REGIMEs shall be required prior to approval. A copy of the proposed property owner's deed and the bylaws and other relevant documents of the property owner's association or REGIME shall be submitted with the final site plan application. The following shall be required if OPEN SPACE is to be dedicated to a property owners' association or REGIME:

i.

Covenants providing for mandatory membership in the association/REGIME and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each LOT or unit;

ii.

The property owners' association or REGIME shall have the responsibility of maintaining the OPEN SPACE and shall operate and maintain any recreational facilities which may be provided within the OPEN SPACE;

iii.

The association or REGIME shall have the authority to levy charges against all property owners to defray the expenses connected with the operation and MAINTENANCE of OPEN SPACE and recreational facilities; and

iv.

The applicant shall maintain control of dedicated OPEN SPACE and be responsible for its MAINTENANCE until DEVELOPMENT sufficient to support the association or REGIME has taken place.

3.

OPEN SPACE to be dedicated to the TOWN shall have shape, dimension, character, location, and topography to ensure appropriate public access and usability, and to accomplish at least two (2) of the following OPEN SPACE purposes:

a.

Natural resource conservation,

b.

WETLAND and water course conservation,

c.

Selective forestry,

d.

Wildlife habitat,

e.

Recreation,

f.

Civic purposes, or

g.

Scenic preservation.

4.

Dedicated OPEN SPACE features that are not dedicated to the TOWN may be open to the general public or restricted to the residents or property owners within the DEVELOPMENT.

5.

Streets, sidewalks, PARKING LOTs and other IMPERVIOUS SURFACEs shall be excluded from the calculation of required OPEN SPACE. However, lands occupied by bike paths, tennis courts, or similar common recreational amenities may be counted as dedicated OPEN SPACE; provided, such IMPERVIOUS SURFACEs shall not constitute more than 10 percent of the total required OPEN SPACE.

6.

Up to 50 percent of the dedicated OPEN SPACE requirement may be satisfied with land covered by water or by stormwater detention or retention basins if the TOWN determines that such a water body or basin constitutes an amenity that contributes to the character of the mixed-use DEVELOPMENT and offers an active or passive leisure experience.

7.

At least 50 percent of the dedicated OPEN SPACE within a mixed-use DEVELOPMENT shall be usable for active and passive recreation including, but not limited to, walking, biking, playfields, picnicking, playgrounds, relaxation, and boating.

8.

The dedicated OPEN SPACE shall not be included in SUBDIVISION LOTs designated for DEVELOPMENT or in LOT size calculations.

9.

All approved OPEN SPACE shall be dedicated in accordance with the provisions of this section and as approved by TOWN COUNCIL prior to commencing any construction, regardless of whether or not the project will be completed in phases.

All requests for approval of a mixed-use zoning district shall be subject to the review and approval procedures of this section. Mixed-use zoning may be established on any property at the initiation of the TOWN or by rezoning application submitted by the property owner. If initiated by the TOWN, DEVELOPMENT of the property shall be subject to review and approval of concept and final DEVELOPMENT plans, in accordance with the applicable provisions of this section.

A.

Approval Authority.

1.

The ZONING ADMINISTRATOR and PLANNING COMMISSION shall have review and recommendation authority for the concept plan.

2.

The TOWN COUNCIL shall have final approval authority for the concept plan.

3.

The ZONING ADMINISTRATOR shall have approval authority for a final plan/site-specific plan where no major changes to the approved concept plan, as defined in Article 14.8, are required.

B.

Pre-application Review.

1.

All applicants seeking mixed-use zoning approval shall schedule a pre-application conference with the ZONING ADMINISTRATOR to discuss the proposed DEVELOPMENT prior to applying. The ZONING ADMINISTRATOR may include representatives from any outside agency, department, entity, or consultant as he or she deems appropriate. At the pre-application conference, the ZONING ADMINISTRATOR shall review a proposed sketch plan.

2.

At minimum, the sketch plan shall contain the following information:

a.

Location map of the proposed site;

b.

General description of proposed land uses, including approximate location and acreage; and

c.

Proposed GROSS DENSITY of the DEVELOPMENT, type of dwellings proposed, proposed GROSS FLOOR AREA to be devoted to non-RESIDENTIAL USEs and activities and NET DENSITY of individual areas or parcels within the DEVELOPMENT.

3.

A narrative description shall also accompany the sketch plan. The narrative shall describe how the proposed mixed-use zoning and uses relate to the goals and recommendations of the TOWN's COMPREHENSIVE PLAN. The narrative shall also describe any anticipated inconsistencies between the proposed DEVELOPMENT and the provisions of this article.

4.

The ZONING ADMINISTRATOR shall review the sketch plan and narrative and advise the applicant regarding conformance or inconsistencies with the requirements of this article and any modifications that may be required to comply with the ordinance. Once the pre-application process is complete, if the applicant wishes to proceed with the zoning application, a concept plan of the entire mixed-use DEVELOPMENT shall be prepared and submitted with a formal application.

C.

Concept Plan.

1.

Application requirements.

a.

A complete application shall be filed on a form provided by the ZONING ADMINISTRATOR, along with the application fee, a concept plan meeting all requirements of this section, and any DEVELOPMENT conditions proposed by the applicant. Incomplete applications or concept plans shall be returned to the applicant without further processing.

b.

Unless specifically modified by DEVELOPMENT conditions accepted by the TOWN COUNCIL, a mixed-use DEVELOPMENT shall comply with all regulations in effect at the time of rezoning approval.

c.

The mixture of uses shall be limited to those specified in Table 7-2.

2.

Concept plan requirements. At minimum, the concept plan shall contain the following information in schematic form, unless specifically waived by the ZONING ADMINISTRATOR:

a.

A title, giving the names of the developers and property owners, the date, scale, and the PERSON or firm preparing the plan.

b.

A vicinity map and north arrow.

c.

The location and size of the project site, including the total GROSS ACREAGE and total HIGH GROUND.

d.

The current zoning of the subject property and surrounding properties.

e.

The landowners and general land use of adjoining properties.

f.

Location of proposed uses assigned to sub-areas.

g.

A tabulation of total DWELLING UNITs and gross residential densities and the GROSS FLOOR AREA to be devoted to non-RESIDENTIAL USEs and activities.

h.

Location of existing FLOOD zones, CRITICAL AREAS, WATERBODIES, WETLANDS, and other riparian areas, and significant environmental features.

i.

General layout of transportation routes including streets and major pedestrian ways.

j.

The location of existing infrastructure (examples include roadways, sidewalks, and proximity of nearest water and/or sewer mains).

k.

Conceptual location for any proposed public uses including schools, parks, fire, and medical emergency services, etc.

l.

General areas to be designated for common OPEN SPACE.

m.

Tree survey, if applicable, in accordance with Section 11.5 B.

n.

A TRAFFIC IMPACT ANALYSIS shall be required. The analysis must be prepared by a professional transportation engineer with expertise in the preparation of TRAFFIC IMPACT ANALYSES and shall follow the requirements of Section 8.4.

o.

A phasing plan, if applicable.

3.

Review and approval.

a.

Staff review.

i.

Upon receipt of a complete mixed-use DEVELOPMENT application, the ZONING ADMINISTRATOR shall distribute the application materials to the appropriate TOWN staff, as well as representatives from any outside agency, department, entity, or consultant as he or she deems appropriate.

ii.

The ZONING ADMINISTRATOR shall prepare a staff report based on the comments provided by other reviewers. The report and recommendations shall be forwarded to the PLANNING COMMISSION for review and recommendation.

iii.

The ZONING ADMINISTRATOR shall provide notice as required by Section 19.2 and schedule consideration of the mixed-use application on the next available PLANNING COMMISSION agenda. The ZONING ADMINISTRATOR will then inform the applicant/agent when the request will appear on the PLANNING COMMISSION agenda for action on the application. The applicant or authorized representative must be present at the meeting or the matter will not be heard.

b.

Optional joint work session. The applicant may request a joint work session with the TOWN COUNCIL and PLANNING COMMISSION to provide an opportunity to present the application and respond to any initial questions that members may have regarding the proposed DEVELOPMENT.

i.

If the request is granted, the ZONING ADMINISTRATOR shall schedule the joint work session and notify the applicant when the session will occur.

ii.

No decision or final action may be taken at a joint work session.

c.

PLANNING COMMISSION review and recommendation.

i.

The ZONING ADMINISTRATOR shall present the staff report to the PLANNING COMMISSION.

ii.

After allowing time for presentation from the applicant and public comments, if any, the PLANNING COMMISSION shall consider the application for conformance with the requirements of this ordinance and the review criteria in Section 7.5.

iii.

The PLANNING COMMISSION shall then make a recommendation to the TOWN COUNCIL to approve or deny the application.

d.

TOWN COUNCIL hearing and final decision.

i.

The staff report and PLANNING COMMISSION recommendations shall be forwarded to the TOWN COUNCIL for review and final decision.

ii.

The ZONING ADMINISTRATOR shall provide notice, as required by Section 19.2 C, for a public hearing and schedule the mixed-use application on the next available TOWN COUNCIL agenda.

iii.

The ZONING ADMINISTRATOR shall present the staff report and PLANNING COMMISSION recommendation.

iv.

After allowing time for presentation from the applicant and holding the required public hearing, the TOWN COUNCIL shall consider the application for conformance with the requirements of this ordinance and the review criteria in Section 7.5.

v.

Following the rezoning procedures, as specified in Section 19.2, the TOWN COUNCIL shall approve, deny, or refer the application back to the PLANNING COMMISSION for further consideration.

4.

DEVELOPMENT conditions. The applicant may offer conditions to be attached to the rezoning. Proposed conditions shall be submitted as part of the application and concept plan.

a.

Conditions may be more restrictive than the requirements of this article but shall not alter the intent of the applicable mixed-use district nor permit uses not otherwise authorized by Table 7-2.

b.

The conditions shall be described in writing.

c.

The DEVELOPMENT conditions shall be binding upon the property, unless amended in conformance with the requirements of this section. Upon approval of the rezoning application, the approved DEVELOPMENT conditions shall be recorded in the Register of Deeds Office.

d.

If phasing is proposed, the applicant shall provide a general breakdown showing the various phases and the estimated schedule of construction.

D.

Final Plan or Site-Specific Plan.

1.

Phasing. The mixed-use DEVELOPMENT may be completed in multiple phases. If the DEVELOPMENT is to be completed in a single phase, the applicant shall prepare and submit a final development plan. If the DEVELOPMENT is to be completed in more than one (1) phase, the applicant shall prepare and submit a site-specific plan prior to construction of each phase of the project. In either case, the final plan/site-specific plan shall contain the elements required in Section 14.5 for final development plans and conform to the previously approved concept plan.

2.

Timing. An application for approval of the final plan for the mixed-use DEVELOPMENT or a site-specific plan for the initial phase(s) shall be submitted to the ZONING ADMINISTRATOR within 12 months of the date of TOWN COUNCIL's approval of the concept plan and rezoning.

3.

ZONING ADMINISTRATOR review and approval.

a.

The ZONING ADMINISTRATOR shall distribute the final plan/site-specific plan application to the appropriate TOWN staff, as well as representatives from any outside agency, department, entity, or consultant as he or she deems appropriate.

b.

Once the plan has been received and reviewed by the appropriate reviewers and the applicant has met all of the required elements of this ordinance, any other applicable regulations, and the approved concept plan and DEVELOPMENT conditions, the ZONING ADMINISTRATOR shall issue a final approval.

c.

If the plan is inconsistent in any aspect with the approved concept plan, the ZONING ADMINISTRATOR shall follow the procedure specified in this section for amending an approved plan.

E.

Amendments. Any and all amendments to the concept plan, development conditions and/or final/site-specific plans for the mixed-use shall be subject to the following review procedures:

1.

The ZONING ADMINISTRATOR shall have the authority to approve:

a.

Changes which result in a decrease in approved density or BUILDING size, either residential or non-residential.

b.

Change in land use designation from MULTI-FAMILY, TWO-FAMILY, or TOWNHOME to SINGLE-FAMILY or a change from any other use to OPEN SPACE/passive recreation; provided, the minimum required proportion of non-RESIDENTIAL USEs shall be retained.

c.

Change in infrastructure features (i.e., roads/access, sewer, water, storm drainage) internal to the mixed-use area which are clearly beneficial to the occupants of the mixed-use area and will have no impact on adjoining or off-site properties.

d.

Movement of BUILDINGs within the same general vicinity as shown on the approved plan.

e.

Internal rearrangement of a PARKING LOT that does not affect the number of PARKING SPACEs or alter access locations or design.

2.

All other changes shall be considered as a new application and processed in accordance with the provisions of Sections 7.4 C. and 7.4 D.

Applications for mixed-use DEVELOPMENT shall only be approved upon a finding of compliance with the following criteria:

A.

Rezoning Criteria. The criteria of Section 19.3 B. for rezonings shall be satisfied.

B.

Development Plan Standards. The standards of Section 14.6 for development plans shall be satisfied.

C.

Consistency with COMPREHENSIVE PLAN. All mixed-use DEVELOPMENT shall be designed, constructed, and maintained in conformance with the applicable guidelines and standards established by the TOWN's COMPREHENSIVE PLAN.

D.

Integration with Transportation System. Mixed-use DEVELOPMENTs shall be designed to integrate into the adjacent transportation system relative to:

1.

Pedestrian connections to ensure accessibility to current or future DEVELOPMENT, if applicable;

2.

Connectivity to existing and future roadways, sidewalks, and pathways;

3.

Complete streets roadway design that accommodates vehicular, pedestrian, and bicycle transportation modes;

4.

Strategic locations of PARKING LOTs and STRUCTUREs to facilitate shared parking; and

5.

Access management to provide internal connections between uses and minimize individual driveway access to perimeter roads.

E.

Impact on Infrastructure. The DEVELOPMENT is staged in a manner that allows for and facilitates the timely provision of public utilities, facilities, and services.

F.

Compatibility of Uses and STRUCTUREs. The mixed-use DEVELOPMENT is planned so land uses and densities create an appropriate transition to existing or planned uses and densities on adjoining properties.

G.

DEVELOPMENT Balance. If constructed in phases, each phase shall include a mixture of residential types and/or residential and non-RESIDENTIAL USEs to ensure that each phase contributes to the mixed-use concept.

H.

General Site Design. The following characteristics shall be incorporated into the mixed-use DEVELOPMENT:

1.

Pedestrian accessibility/concentration of DEVELOPMENT (critical mass) in a compact, walkable area.

a.

Uses are concentrated to promote convenient pedestrian access.

b.

Pedestrian circulation is clearly defined and connects all uses.

c.

Bicycle and pedestrian access are provided to adjacent DEVELOPMENTs.

d.

Sidewalks are provided on each side of rights-of-way or PRIVATE STREETs throughout the DEVELOPMENT.

e.

Strip commercial DEVELOPMENT characterized by single story uncoordinated, unconnected BUILDINGs with large street FRONTAGE PARKING LOTs is specifically prohibited. Strip malls with uncoordinated, unconnected out-parcels are prohibited. All STRUCTUREs are fully integrated into the mixed-use project through common design themes (including, but not limited to, lighting, benches, landscaping, other decorative features but not necessarily BUILDING design), integration with a variety of uses, nonlinear arrangement, common spaces, pedestrian walkways, vehicular access connections, and other features.

2.

Plazas, courtyards, and other common areas are provided for public gathering and interaction. Amenities, such as benches, planters, lighting, fountains, art, and landscaping that further the design theme of the project and encourage interaction shall be provided.

3.

Mixed-use projects require special attention to BUILDING design because of the relationship of land uses in close proximity. Functional integration of residential and commercial uses shall be considered during design of mixed-use projects. The following standards are intended to guide DEVELOPMENT of mixed-use projects:

a.

The mixed-use DEVELOPMENT shall be designed and developed to provide an appropriate interrelationship between the various uses and STRUCTUREs within the DEVELOPMENT through the use of complementary materials, unified streetscape treatment, BUFFERing, connectivity for vehicular and pedestrian movement, BUILDING orientation, parking location and height transition.

b.

Residential and commercial uses may be located within the same or adjoining STRUCTUREs, provided applicable health and safety regulations are followed.

c.

STRUCTUREs shall provide architectural relief and interest, with emphasis at BUILDING entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. STRUCTUREs shall have consistent scale and massing to create a unified project. Compatibility with the immediate context is required. However, gradual transitions in scale and massing are permitted.

i.

Blank walls shall be avoided by including ground floor windows, recesses, extensions and breaks in roof elevation.

ii.

Design shall provide differentiation between ground level spaces and upper stories. For example, bays or balconies for upper levels, and awnings, canopies, or other similar treatments for lower levels can provide differentiation. Variation in BUILDING materials, trim, paint, ornamentation, windows, or other features such as public art, may also be used.

iii.

Design shall ensure privacy in residential sectors through effective window placement, soundproofing, landscape screening, or orientation of outdoor living areas (e.g., balconies, PORCHes, and PATIOs). Opposite facing windows at close distances should be offset vertically or horizontally or employ appropriate materials (e.g., glazed or tinted) to protect privacy.

4.

Residential uses and diversity of housing types may be required.

a.

Subject to approval by TOWN COUNCIL, a mixed use development may be required to incorporate one (1) or more types of residential uses (SINGLE-FAMILY, MULTI-FAMILY, TOWNHOME, cluster, or TWO-FAMILY) at densities not to exceed those permitted within the MU district, where recommended by the PLANNING COMMISSION to comply with the recommendations of the TOWN's COMPREHENSIVE PLAN.

b.

Where incorporated into the mixed-use DEVELOPMENT, SINGLE-FAMILY LOT sizes shall be varied to provide a mixture of LOT sizes.

c.

Minimum LIVABLE FLOOR AREA requirement for SINGLE-FAMILY detached units shall be 850 square feet. All other residential types shall adhere to area per number of bedrooms, as listed in the Residential District Table 5-3c.

5.

Permitted flexibility in LOT sizes, SETBACKs, street widths and landscaping shall result in a more livable DEVELOPMENT, preservation of natural features, and creation of OPEN SPACE consistent with the policies of the COMPREHENSIVE PLAN and this ordinance.

Approval of the final plan or site-specific plan shall be vested in accordance with the provisions of Section 1.6 B. of this ordinance.

A.

In addition to the requirements of this article, all DEVELOPMENT in the Mixed-Use District shall meet the applicable requirements as listed elsewhere in this ordinance.

B.

General Provisions - Article 2.

C.

CONDITIONAL USE Requirements - Article 9.

D.

Environmental Performance Standards - Article 10.

E.

Trees, Landscaping and BUFFERing - Article 11.

F.

Parking and Loading - Article 12.

G.

Signs - Article 13.

H.

Site Plan Review - Article 14.