The intent of the Waterfront Mixed-Use District is to provide waterfront development/redevelopment opportunities while protecting and enhancing shoreline resources. The district is further intended to create an atmosphere that blends the existing shopping and residential uses of the downtown area with future waterfront amenities and activities. Thus, the Waterfront Mixed-Use District shall utilize existing features of the downtown area as a base for future waterfront development and redevelopment activities.

(Ord. No. 01-07, 4-30-07)

The following uses and structures shall be permitted in the Waterfront Mixed-Use District:

(1)

Marinas.

(2)

Public access/open space/recreational uses.

(3)

Lodging and residential establishments including, but not limited to:

a.

Hotels.

b.

Multiple family dwellings.

c.

Inns/bed and breakfast.

(4)

Restaurants, defined as business establishments where meals or refreshments may be purchased, and including, but not limited to:

a.

Bars/taverns/lounges.

b.

Coffee shops.

c.

Ice cream parlors.

d.

Dine-in/take-out establishments, but not including establishments where food or beverages are intended to be consumed in vehicles on the premises or establishments where food or beverages are available by drive-up window service.

(5)

Retail stores and shops.

(6)

Office uses.

(Ord. No. 01-07, 4-30-07)

There shall be no minimum lot area requirement in the Waterfront Mixed-Use District.

(Ord. No. 01-07, 4-30-07)

There shall be no minimum lot width requirement in the Waterfront Mixed-Use District.

(Ord. No. 01-07, 4-30-07)

There shall be a living area of not less than 1,200 square feet provided within each dwelling unit in the Waterfront Mixed-Use District. However, to allow flexibility for uses such as time-share residences, the planning commission may grant approval for living areas less than 1,200 square feet consistent with an overall development plan(s).

(Ord. No. 01-07, 4-30-07)

(a)

No front yard shall be required in the Waterfront Mixed-Use District.

(b)

No side yards shall be required in the Waterfront Mixed-Use District, provided that, where a side lot line abuts property located in any residential district, there shall be a side yard of not less than 25 feet, and provided further that there shall be a side yard of not less than five feet adjacent to any alley.

(c)

No rear yard shall be required in the Waterfront Mixed-Use District, provided that, where a rear lot line abuts property located in any residential district, there shall be a rear yard of not less than 25 feet, and provided further that there shall be a rear yard of not less than five feet adjacent to any alley.

(Ord. No. 01-07, 4-30-07)

Useable open space shall be provided to preserve/restore sensitive resources as detailed in the waterfront resource standards of the Waterfront Overlay District.

(Ord. No. 01-07, 4-30-07)

(a)

Surface parking lots within the Waterfront Mixed-Use District shall use materials such as porous asphalt, pervious concrete, and/or grass pavers whenever practical. Such materials shall be incorporated to maximize infiltration of rainfall, minimize runoff, reduce the need for stormwater management infrastructure, lower associated utility costs, and enhance the overall aesthetic quality of the district.

(b)

Except as provided elsewhere in this section, off-street parking shall be provided within the district as required under article XX of this chapter. On-street as well as off-street parking spaces shall be counted toward satisfaction of the requirements. On-street parking spaces assigned to a building or use shall be those spaces directly abutting the lot containing that building or use. All required handicapped parking spaces shall be provided off-street.

(c)

The minimum number of parking spaces required for particular uses within the district shall be as provided below:

(1)

One parking space shall be provided for each dwelling unit incidental to, and included within, a commercial building.

(2)

One parking space shall be provided per 100 square feet of floor area in restaurants.

(3)

One parking space shall be provided per lodging unit with respect to bed and breakfasts, inns and hotel establishments.

(4)

With respect to residential uses, one parking space shall be provided per one-bedroom unit, and two parking spaces shall be provided for each unit with two or more bedrooms.

(Ord. No. 01-07, 4-30-07)

(a)

Sidewalks shall be provided on both sides of all roadways, with curbing, grassed landscaped strips and vegitation to help soften the roadway edges.

(b)

All new or improved sidewalks within the district shall meet ADA requirements. All sidewalks along roadways and improved right(s)-of-way within the district shall be at least six feet wide to accommodate pedestrians safely and comfortably and sidewalks shall not exceed a five percent grade.

(c)

Sidewalks shall be constructed of brick or Portland cement concrete to provide a smooth, long-lasting and durable surface. Textured design treatments within the street shall be utilized to distinguish crosswalks. All crosswalks within the district shall be at least six feet wide and shall include white markings.

(Ord. No. 01-07, 4-30-07)

All permitted uses and structures shall be served by public sewer and water systems.

(Ord. No. 01-07, 4-30-07)

Buildings or structures in excess of 50 feet in height may be erected only upon the granting of a special use permit by town council in accordance with article XXII.

(Ord. No. 01-07, 4-30-07)

A plan of development, as set forth in article IV of this chapter, shall be required for all uses and structures.

(Ord. No. 01-07, 4-30-07)