(a)

Statement of intent is to encourage and provide opportunities for developments containing an integrated, comprehensively planned and designed mix of business, retail, cultural, residential and other appropriate uses. Mixed-use development proposals should address the following objectives:

(1)

Provide more efficient use of land through the accommodation of increased densities and intensities of use within a concentrated area;

(2)

Create a walkable, pedestrian-friendly environment that increases community vitality;

(3)

Reduce vehicular trips and reliance on the automobile by providing a mix of shopping, office, cultural, recreational and residential opportunities within walking distance of one another;

(4)

Create an appropriately balanced mix of residential and nonresidential uses that respects the underlying policies and land use designations of the comprehensive plan;

(5)

Provide alternative housing choices and opportunities.

(b)

Mixed-use districts are intended to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses and employment opportunities. The MU-1 District encourages the development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers. It is intended to help advance revitalization initiatives along the King William Avenue Corridor and recognizes the market demand for new residential and commercial development. Mixed-use zoning is intended to work in conjunction with the proactive development of pocket parks and plazas, open spaces, and the creation of public spaces within the districts. Mixed-use zoning can support commercial corridor redevelopment plans and urban design guidelines or standards that require high quality development and are consistent with the character of the district. It specifically discourages or prohibits those uses that promote a strip center development pattern, promote idle land and over-parking, and detract from the image enhancement intentions of this district.

(c)

Flexible and creative lot layout and site design is encouraged to promote a mix of residential, commercial, office and public uses in a vibrant, pedestrian-oriented environment. Land uses may be mixed vertically or horizontally. For example, businesses, housing and civic uses may be mixed "vertically" by constructing offices and residences above retail space, or "horizontally" by connecting commercial, office and civic uses to residential uses with pedestrian pathways, plazas, open space and other public spaces.

(Ord. No. 02-06, 6-26-06; Ord. No. 05-11, 8-29-11)

A plan of development, as set forth in article IV of this chapter, shall be required for all uses and structures in the MU-1 District, except as provided elsewhere in this article or those for which a special use permit is required by the provisions of section 70-454.

(Ord. No. 02-06, 6-26-06)

The grouping of uses permitted in this section to create developments of compatible and mutually supportive activities is encouraged. The uses permitted in the MU-1 District shall be as provided in the following schedule:

Y = Yes, permitted use

N = No, prohibited use

S = Permitted with a special use permit

(Ord. No. 02-06, 6-26-06; Ord. No. 03-08, 7-19-08; Ord. No. 02-2018, 10-30-18; Ord. No. 03-2019, 2-25-20)

(a)

Applicability: Except as otherwise provided herein, the provisions of this article shall apply to all uses and activities requiring approval of a plan of development in accordance with sections 70-453 and 70-51. Sites developed prior to the effective date of this article shall be permitted expansion of the existing floor area of any building up to a cumulative total of 250 square feet without adhering to the performance and design standards contained in section 70-456. Whenever modifications to the parking area or vehicular circulation system are required under provisions of this chapter, landscaping shall be installed within the parking area in accordance with section 70-351.

(b)

Exemptions: Applications to expand, enlarge or structurally alter an existing single-family dwelling established prior to the effective date of this article, or an accessory structure on an existing lot, shall be exempt from the provisions of section 70-456. Existing nonconforming uses as defined in article II of this chapter shall be exempt from the requirements of section 70-415, provided that no nonconforming use within the district shall be extended, enlarged or moved so as to occupy a different or greater area of land, buildings or structures unless a special exception is granted in accordance with article VI of this chapter. Nonconforming uses and buildings as defined in article II of this chapter shall otherwise comply with all of the applicable requirements of article XXIII of this chapter.

(c)

Administration and procedure: In addition to all information required under subsection 70-51(b) for a plan of development, as well as any information deemed necessary by the zoning administrator to determine compliance with the applicable provisions of this article, applicants shall submit the following information when applying for development and/or redevelopment within the district:

(1)

A landscape plan in accordance with section 70-347;

(2)

A conceptual plan with drawings prepared by an appropriate professional, showing the overall context of the project and its relationship to surrounding structures. The plan shall include a professional rendering of all proposed structures depicting the front, side and rear elevations, including architectural treatment of all structural exteriors, building materials and colors to be utilized;

(3)

A project build-out schedule submitted for review as part of the initial application, and approved by the planning commission. The purpose of such schedule shall be to provide assurance to the planning commission that the nonresidential components of the project will be constructed with the intent of occupancy prior to, or at least commensurate with construction of the residential components of the project.

(4)

A traffic impact analysis for any proposed development which will generate 200 average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' publication, Trip Generation, or the Virginia Department of Transportation; or at the request of the planning commission, when the proposed development is expected to significantly impact the vehicular movement on the arterial highways within the district.

(Ord. No. 02-06, 6-26-06; Ord. No. 05-11, 8-29-11)

The performance and design standards below are intended to control the location of buildings in order to define and contain the street space, to concentrate and reinforce pedestrian activity, and to control access for ingress and egress from King William Avenue to new and existing sites. The following performance standards delineate provisions for site development for uses permitted in the MU-1 District:

(1)

Buildings and uses:

a.

General: A variety of residential and commercial uses permitted under this article shall be provided on a lot or lots within a development. Buildings devoted to commercial uses shall abut or be located near King William Avenue, and buildings devoted to residential uses shall be located within one-quarter mile of that portion of the development designated for commercial use. A maximum of 65 percent of the net development area shall be designated for residential and related uses. A minimum of 25 percent of the net development area shall be designated for one or more uses within the following categories as provided in section 70-454, commercial and general business uses, personal services, office uses, and/or public uses. For a particular use, the net development area shall be equal to the total area of the development designated for such use, including the footprint of the building or that portion of the building containing the use, as well as any parking area, loading area, landscaped area and useable open space directly serving the use. The total land area designated for residential use shall be equal to or exceed the total area designated for other uses permitted in the district.

b.

Mixed-use buildings: Buildings and structures that contain residential uses located above commercial and general business, personal services, office, and recreational or cultural uses shall be considered mixed-use buildings. Dwelling units contained within mixed-use buildings shall be located above the ground floor. Lots less than or equal to 11,000 square feet in total area and containing at least one mixed-use building shall be exempt from the requirements of subsection (1) above. In addition, developments and lots greater than 11,000 square feet and containing at least two mixed-use buildings shall be exempt from the requirements of subsection (1).

c.

Placement: Where practical, buildings other than those devoted solely to residential and related uses shall be placed at the sidewalk or near the front property line, with their primary entrances facing a public or private street. Buildings located at the intersection of two streets shall have their primary entrance facing the center of the intersection. All entrances and exits shall have a continuous pedestrian walkway that is connected to a public sidewalk.

d.

Architecture and facades: The architectural design of buildings, structures, and site layout shall be visually compatible in form and scale within the development, and shall respect the form, scale, and placement of adjacent buildings within the district. No building exterior visible to a public or private street, parking area, or adjacent use shall consist of architectural materials that are inferior in quality, appearance, or detail to any other exterior of the same building. Building facades for new construction shall include detail and ornamentation to enhance points at the street level, and blank facades shall not be exposed to public or private streets. Large buildings shall incorporate a variety of roof heights and/or designs.

e.

Materials: For new buildings, no portion of the building constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible to a public or private street, parking area, or adjacent use within the district. Although no single architectural style or theme mandated by the mixed-use district, it is expected that the developer's architectural performance standards will be sufficient to establish a distinct and quality character and image for the project.

f.

Commencement of commercial buildings: Nonresidential construction shall precede, or occur concurrently with residential construction. This requirement will be evaluated based on the percentage of space (square footage) completed, including the issuance of certificates of occupancy (CO).

(2)

Streets and ways: Where rear alleys are used to provide service or secondary access to sites, the width of such alleys shall be 20 feet. Where practical, streets shall be designed so as to provide opportunities for on-street parking. Streets and roads shall be designed on a traditional grid pattern where practical. Excessive street width shall be avoided on all newly-designed streets in order to reduce vehicle speeds and encourage the safe and convenient use of on-street parking. All streets and alleys shall be paved with asphalt, concrete, unit pavers, or similar hard-surfaced material approved by the zoning administrator or planning commission, as applicable, and in accordance with the current Virginia Department of Transportation Road and Bridge Specifications. A concrete curb and gutter system shall be installed on all newly-designed streets.

(3)

Off-street parking:

a.

General: Off-street parking shall be provided as required under article XX of this chapter, with the exception that 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.

b.

Shared parking: Where practical, shared parking shall be used within a development to reduce the appearance of excessive amounts of surface parking within the district. Shared parking arrangements shall be reviewed by the zoning administrator or planning commission, as applicable, during review of the plan of development. Uses that share parking need not be located on the same lot, but shall be located within reasonable walking distance of available parking spaces. In approving shared parking, the zoning administrator and planning commission shall require the following:

1.

That the applicant show, through a study of peak parking needs for all proposed uses involved, that shared parking is feasible and that the number of spaces proposed is adequate to meet the projected parking demand at all hours;

2.

That the design and location of parking areas is convenient for sharing by customers, patrons and residents of all properties involved; and

3.

That a shared parking agreement that establishes responsibilities for parking lot maintenance and sets limits on hours of operation has been executed between all property owners involved and is binding on all tenants.

c.

Surface parking lots: Surface parking lots shall be located to the side or rear of buildings or in the interior of the development surrounded by proposed buildings. Parking structures and parking lots shall not dominate the frontage of streets, nor impede pedestrian routes. Parking lots and areas and all entrances thereto and exits therefrom shall be paved with asphalt, unit pavers, or similar hard-surfaced material approved by the zoning administrator or planning commission, as applicable. A concrete curb and gutter system shall be used around and within all parking areas and parking lots. Parking lots serving uses adjacent to each other shall be connected to provide for safe, convenient vehicular travel between parking areas.

d.

Loading and receiving areas: Loading, receiving, and trash storage areas shall be permitted only in side or rear yards and shall be screened from public view with landscaping and/or structural materials in accordance with sections 70-346 and 70-353. Heating, ventilating and air conditioning equipment duct work, air compressors, other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Fences, walls and dense plantings may be used to screen outdoor areas from objectionable views.

(4)

Access and internal circulation:

a.

General: Access shall be provided and internal vehicular circulation systems designed so as to maintain the functional capacity and level of service of highways and streets within the district; to minimize the number of access points to arterials and provide connections to collector streets; to promote the sharing of access and the ability to travel between sites; and, to enhance safety and convenience for land uses within the district.

b.

Access to King William Avenue: Access from any parcel or lot having frontage along King William Avenue and located within the district shall be permitted one direct access point to the arterial highway, unless written justification for the proposed deviation from this requirement is submitted and approved by the zoning administrator or planning commission, as applicable. Access to the site may be provided by way of an approved entrance constructed to Virginia Department of Transportation Standards and Specifications and/or an existing or planned road(s). The use of shared entrances shall be encouraged with those established or likely to be required on adjacent sites in order to minimize curb cuts or increasing spacing between curb cuts. Deceleration or turning lanes with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway shall be used where required by the zoning administrator or planning commission, as applicable, and the Virginia Department of Transportation.

c.

Internal circulation: Sites shall be designed to achieve direct and convenient pedestrian and vehicular circulation between adjacent properties. The use of reverse frontage or double frontage lot layouts on parallel streets shall be encouraged where practical. Where practical, a point of access to adjacent collector streets shall be provided within developments to improve vehicular circulation. The use of interparcel connector streets shall also be encouraged to provide access and improve vehicular circulation between developments and neighboring sites.

(5)

Multi-modal transportation:

a.

General: Developments shall provide multi-modal transportation opportunities for pedestrians, bicyclists and users of public transportation. Accommodations shall be provided to serve such transportation needs, including sidewalks and pedestrian walkways, bicycle racks, bus shelters, benches, signage and associated facilities and amenities.

b.

Pedestrian circulation: On-site pedestrian circulation networks shall be designed to provide safe access through the district. Pedestrian access and circulation systems shall also provide pedestrian connections to adjacent lots, between buildings and public rights-of-way, and between buildings and parking areas and structures. Pedestrian areas shall incorporate a variety of paving treatments such as colored or stamped concrete, stone or brick pavers, etc., to identify and visually enhance sidewalks, intersections, and pedestrian crossings.

c.

Sidewalks and walkways: Sidewalks shall be provided along at least one side of all streets within the district with curbing and street trees to help soften the roadway edges. All new or improved sidewalks and pedestrian walkways within the district shall meet ADA requirements. All sidewalks along roadways and within improved rights-of-way shall be at least six feet wide to accommodate pedestrians safely and comfortably, except that all sidewalks along King William Avenue shall be at least ten feet wide. Sidewalks shall not exceed a five percent grade. 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.

(6)

Useable open space: A minimum of ten percent of total gross area of any mixed-use development shall be reserved as open space designed and improved or maintained for use by those who live or work within the development or such other persons or groups as the property owners association may allow. Useable open space shall be provided within residential and commercial areas to provide park-like settings and encourage community activity. Useable open space shall abut active uses to encourage pedestrian traffic between such uses.

(7)

Signs:

a.

General: In addition to the following standards, signage located within the district shall adhere to the requirements set forth in article XXI of this chapter.

b.

Design: Letterform, logos, and artwork shall look comfortable within the sign perimeter. Signs shall be simple in form and color, be clearly legible, and creatively use two- and three-dimensional form to express the identity of the development and the intended character of district. All freestanding signs shall be monument signs designed and constructed so as to be architecturally related to and compatible with the main building(s) and overall architectural design of the development.

c.

Placement: Sign locations shall be oriented to the public right-of-way, shall avoid facing residential uses wherever possible, and shall not overlap and conceal architectural elements. Signage attached to buildings shall fit within the architectural features of the facade and complement the building's architecture. Signage shall be limited to one business identification per frontage and shall include only tenant identification text and logos. Product advertisement on signage is prohibited.

d.

Illumination: Direct exposure of light sources and internally-illuminated signage shall be prohibited within the district. Indirect and external light sources shall be used where lighting is required. The orientation of any illuminated sign or light source shall be directed to avoid visibility to adjacent properties, spill light or glare onto residential uses.

(8)

Streetscaping:

a.

Street and sidewalk furnishings: Furnishings shall be selected so as not to detract from the overall character of the street and the surrounding environment. Furnishings within individual sites shall be chosen to complement specific architectural and site designs. Benches shall be provided near retail and other commercial establishments, and the clustering of benches shall be encouraged to provide group seating and help create a rhythm to the sidewalk character. Consistency in the form and quality of street and sidewalk furniture shall be provided. Trash receptacles shall be located in proximity to the benches and in other locations with pedestrian traffic.

b.

Street and site lighting: Roadways and site driveways shall be lit from both sides. Lights shall be situated opposite one another, rather than in an alternating pattern. A designated family of fixtures shall be used along public roadways, site driveways, public sidewalks and bikeways, and parking lots to reinforce a unified image. Site lighting shall enhance the character of the area and not detract from the aesthetic appearance of the development or the district. The character and brightness of exterior lighting on different development sites shall remain relatively constant. The lighting shall be directed so as not to produce objectionable glare on adjacent property or into residences within or near the development.

c.

Street trees: Deciduous shade trees shall be planted along streets within the district. Such trees shall be installed along streets at a density of not less than one tree per 40 linear feet of sidewalk. Street trees shall be installed in accordance with and meet all of the applicable requirements of section 70-347, except that such trees shall be at least two inches in caliper at the time of planting.

d.

Parking lot landscaping: Landscaping on the interior of parking lots shall be installed in accordance with section 70-351. Selected landscaping material shall meet the size and definition requirements contained in section 70-347 and be appropriate to the local growing conditions in accordance with subsection 70-347(h).

(9)

Landscaping: Developments within the district shall be exempt from the buffering requirements of section 70-346, section 70-348, section 70-349, section 70-350, and section 70-352 of this chapter provided that:

a.

The development is an approved mixed-use project that has a governing set of design guidelines approved by the town;

b.

All of the requirements of sections 70-347 and 70-351, and of subsection (8) above, are met;

c.

The proposed landscape design or materials involve a readily discernible theme or complement an architectural style or design; and

d.

Landscaping materials are maintained by the owner in accordance with subsection 70-347(d) of this chapter.

(Ord. No. 02-06, 6-26-06; Ord. No. 05-11, 8-29-11)

In the MU-1 District, all permitted uses shall be served by public sewer and water systems. Individual connections for sewer and water shall be provided for each single-family attached dwelling unit.

(Ord. No. 02-06, 6-26-06)

(a)

There shall be no minimum lot area requirements for lots devoted to mixed-use buildings and mixed-use developments as defined elsewhere in this section.

(b)

In the MU-1 District, lots devoted to multiple family dwellings shall be located on lots of not less than 5,750 square feet in area for the first dwelling unit plus 3,000 square feet for each additional dwelling unit.

(c)

Single-family attached dwellings shall be located on lots of not less than 2,000 square feet in area, provided that the total area of the development site shall be not less than an area equal to 5,750 square feet for the first dwelling unit within the development site plus 3,000 square feet for each additional dwelling unit within the development site. For the purposes of this requirement, a development site shall be as defined in article II of this chapter.

(Ord. No. 02-06, 6-26-06)

(a)

In the MU-1 District, permitted uses other than single-family attached dwellings shall be located on lots of not less than 50 feet in width.

(b)

Single-family attached dwellings in the MU-1 District shall be located on lots of not less than 20 feet in width, provided that the end lots of each row of attached units shall be not less than 30 feet in width.

(Ord. No. 02-06, 6-26-06)

There shall be a living area of not less than 1,200 square feet provided within each dwelling unit in the MU-1 District, except that each two-bedroom dwelling unit in a two-family or multiple family dwelling shall contain not less than 1,000 square feet of living area and each one-bedroom or efficiency dwelling unit in a two-family or multiple family dwelling shall contain not less than 900 square feet of living area.

(Ord. No. 02-06, 6-26-06)

(a)

In the MU-1 District, no minimum front yard shall be required for uses other than single-family detached dwellings, and the maximum front yard for commercial and mixed-use buildings abutting a public or private street shall be 20 feet. For existing single-family detached dwellings, there shall be a front yard of not less than 25 feet.

(b)

In the MU-1 District, no minimum side yard shall be required for lots devoted to uses other than single-family dwellings, provided that, where a side property line abuts a public street, a street side yard of not less than ten feet shall be provided. For existing single-family detached dwellings, there shall be side yards of not less than ten feet.

(c)

In the MU-1 District, side yards of not less than ten feet shall be provided at each end of a row of single-family attached dwellings.

(d)

In the MU-1 District, there shall be a rear yard of not less than 25 feet.

(Ord. No. 02-06, 6-26-06)

(a)

Not more than six single-family attached dwellings shall be attached in a series or continuous row of attached units in the R-3 District.

(b)

Variations in front yards or in the architectural detail treatment of the fronts of dwelling units shall be provided within each series or continuous row of attached units in the R-3 District.

(Ord. No. 02-06, 6-26-06)

No building or structure in the MU-1 District shall exceed a height of 35 feet.

(Ord. No. 02-06, 6-26-06)