Southeast City Zoning Code
ARTICLE V
Nonresidential Districts
§ 138-24 General.
[Amended 1-21-1993 by L.L. No. 1-1993]
The following provisions shall govern land use in the Town of Southeast in all nonresidential districts. Unless a use is specifically listed as a permitted use, it is a prohibited use. [See § 138-17B(5).] See the accompanying Commercial Zoning Schedule located at the end of this chapter.
§ 138-24.1 Mixed-use development in OP-3 District.
A.
This chapter provides for mixed-use development of properties located in an OP-3 District In addition to the requirements set forth in the Town of Southeast Commercial Zoning Schedule for such a district,[1] the following requirements shall apply:
(1)
The minimum lot size and characteristics shall be 100 acres of land, which may be divided by public roads. (See Note L of the Commercial Zoning Schedule.)
(2)
The maximum residential density shall be two units per gross acre. Not less than 10% of the residential units to be constructed in an OP-3 development shall be detached single-family dwellings. In the event that the Town of Southeast determines that there is a need for "affordable housing" or "moderately priced housing," as defined by the Town, the residential densities in an OP-3 Zone may be increased by 10%, provided that the additional units created by the increase meet or exceed the Town standards for affordable or moderately priced housing.
(3)
The maximum amount of the total property to be devoted to residential use shall be 50% of the gross lot area.
[1]
Editor's Note: The Commercial Zoning Schedule is located at the end of this chapter.
B.
Procedure. The following procedure shall be applicable to the approval of a mixed-use development in an OP-3 Zone:
(1)
Application. Application for mixed-use development within the OP-3 Zone shall proceed in the following manner: Application for development pursuant to this article shall be made to the Planning Board and shall conform to the requirements of Chapter 123 of the Code of the Town of Southeast for subdivision approval, if applicable, and Articles VIII and IX of this chapter for planned subdivision plat and site plan approval, as the same may be applicable to a particular project.
(2)
In addition to the foregoing, an application pursuant to this section must include the following:
(a)
An overall development plan showing the area and acreage to be utilized for commercial and residential use.
(b)
A preliminary illustrative development plan for the entire property at a scale of one inch equals 200 feet.
(c)
A preliminary plan showing points of access for traffic.
(d)
A table showing overall densities and types of commercial and residential uses.
C.
Resubdivision. Once an application for mixed-use development has been approved in accordance with this section, parcels within the development may be divided into separately owned, leased or rented building lots, provided that any necessary site plan or subdivision approval is obtained in accordance with Chapter 123 of the Code of the Town of Southeast and Articles VIII and IX of this chapter. Lot frontage, front yard and front yard parking setback requirements may be reduced up to 50% for interior site roads constructed as part of a mixed-use development. With respect to the residential portions of such development, not less than 10% of the housing units to be constructed shall be single-family detached dwellings. If such residential area is to be developed as single-family detached dwellings pursuant to a standard subdivision scheme, the frontage, shape and front and side yard setbacks shall be the same as those set forth in Article VIII of this chapter for RMF Districts; provided, however, that subject to the provisions of Article VIII, planned subdivision plats involving modification of lot area, shape and frontage may be approved applying the density factors for residential development contained in this chapter, or, as a planned subdivision plat with individual lot ownership, the Planning Board may modify the provisions of this chapter relating to lot area, shape, frontage and front, side and rear yards to allow for the construction of single-family attached cluster dwelling units applying the density factors for residential development contained in this chapter, provided that each building lot in such planned subdivision plat shall only be used for one or more of the purposes specified in the Table of General Use Requirements of this chapter,[2] and the plat or map prepared for such planned subdivision plat shall contain a note thereon indicating that there shall be no further subdivision of any open space parcels and that such open space shall be owned by an incorporated association of the owners of lots in the development. The Planning Board may consider the setback requirements set forth in the chapter as a general guide in its review of the development plans with respect to peripheral lot lines.
[2]
Editor's Note: The Table of General Use Requirements is located at the end of this chapter.