(a)

Intent. The MX mixed use districts are intended to facilitate the development and redevelopment of areas suited to a combination of commercial and residential uses. It is recognized that some mature parts of the village are comprised of a variety of compatible uses and the mixed use districts are created for the purpose of maintaining the vitality of such areas and encouraging appropriate redevelopment as necessary. It is also noted that the village's comprehensive plan identifies several areas as appropriate for new mixed use development in the future, and these districts are also created to meet that need.

(b)

Site Plan Review Required. In the MX mixed use districts, site plan review by the plan commission and approval by the board of trustees is required for all new development projects including single-family and two-family homes and any renovations involving alteration in building size, changes to the exterior of any building, or changes to site elements approved during a prior site plan review. All site plan submittals and reviews shall be conducted in accordance with Chapter 19.12 of this Title.

(c)

Description of Mixed Use Zoning Districts. Projects proposed in each of the mixed use districts will be reviewed and evaluated according to the objectives of the comprehensive plan and the station area plan. The intent of each of the three mixed use districts will guide future development in these areas.

(1)

MXT - Transit Oriented Mixed Use District. The MXT is the highest density district of the four mixed use districts. The Comprehensive Plan and Station Area Plan envision a town center surrounding the commuter rail station with a mix of retail, service, and residential uses.

(2)

MXC - Commercial-Residential Mixed Use Area. The MXC is intended to be less dense than the MXT district. The comprehensive plan envisions a mix of residential and retail uses, either within the same building or in close proximity to each other.

(3)

MXO - Open Space-Residential Mixed Use District. The MXO is the lowest density district of the four mixed use districts. This district is intended to encourage less intense land use in environmentally sensitive areas. The comprehensive plan envisions lower density residential development (possibly by clustering) mixed with active or passive open space and recreation areas.

(4)

MXI - Industrial Mixed Use. The MXI is intended to be similar to the MXC and MXT districts with the exception that certain light industrial uses are also permitted.

(d)

General Use Standards.

(1)

All business establishments shall be retail or service establishments dealing directly with consumers, except as provided for in the MXI district.

(2)

All operations, activities and storage shall be conducted or maintained wholly inside enclosed buildings, with the exception of outdoor dining, automobile parking, off-street loading areas, parking during business hours of trucks and service vehicles owned or operated by the business, and storage of landscaping materials for retail sale, where any of these activities are allowed in conjunction with an approved use.

(3)

Outdoor storage as defined in Chapter 19.01 of this Title shall not be permitted.

(4)

All new principal buildings, structures and other uses shall be provided with public utilities and served by public streets.

(e)

Parking and Circulation for all Multiple-Family and Nonresidential Uses.

(1)

All premises shall be furnished with all-weather service walks, designed for the safety and convenience of pedestrians. Where external sidewalks or bicycle paths exist, connections to these shall be provided.

(2)

Vehicular access to individual parcels shall be limited and controlled. When appropriate, existing driveways on the subject property or adjoining properties shall be combined and traffic circulation coordinated. Curb cuts shall be kept to the minimum number required to allow safe ingress/egress.

Figure 21: Example of Limited Access

(f)

Garages Required. With the exception of dwelling units constructed prior to the effective date of the ordinance codified in this Title, all dwelling units shall include a totally enclosed attached or detached garage a minimum of five hundred twenty-eight square feet in size or equivalent space in indoor parking stalls. Detached garages shall be no larger than eight hundred square feet in area, and shall conform to district setback requirements for accessory structures. All garages shall meet the requirements of this Title and the most recently adopted construction codes.

(g)

Front Yard Setback Exceptions. In the mixed use districts, the front yard setback requirements of this Title shall not apply to any lots where the average existing setback on lots located wholly or in part within one hundred feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street as such lot, is less than the minimum setback required. In such cases, setback on such lots may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots or within ten feet, whichever is greater.

(h)

Required Mix of Uses. A mix of uses, either within a single building or on a development site, shall be provided unless it can be demonstrated that adjacent properties provide a complimentary diversity of uses. Residential uses are encouraged, but are not permitted on the ground floor of mixed-use structures. Residential uses in separate buildings may be permitted if approved by the plan commission and village board as part of an overall mixed use area master plan. The uses allowed in any MX mixed use district shall be strictly based upon those uses specified for that area in the village's comprehensive plan in effect at the time of project approval.

(i)

Permitted Uses.

(1)

Accessory buildings and uses customarily incidental to any of the permitted uses, subject to the provisions of Section 19.10.070 of this Title.

(2)

See use matrix in Appendix A.

(j)

Special Uses. See use matrix in Appendix A.

(k)

Planned Unit Development Approval.

(1)

Any development with a gross site area two acres or more in size within any MX mixed use district shall obtain board of trustees approval as a planned unit development, pursuant to the procedures of Section 19.09.010 of this Title. Developments with a gross site area less than two acres in size shall utilize B-3 and R-4 regulations as a basis, while meeting the intent of the particular MX district in which it is located.

(2)

After planned unit development approval the mixed use development area shall retain the MX mixed use zoning designation.

(l)

Development Standards.

(1)

All development standards for properties located in any Mixed Use District shall be established through the Planned Unit Development process. These standards may differ from one Mixed Use District to another, and from one parcel to another within a given Mixed Use District, in order to meet the purpose and intent of this zoning ordinance with special consideration to the provisions of the Village's Comprehensive Plan as they relate to the area under consideration. See Appendix D, Design Guidelines, for requirements such as exterior building materials, colors, roof design, utility placement, and screening. The base zoning regulations for all Mixed Use Districts shall be as follows:

(A)

Portions of a development that are completely commercial in nature shall be considered with respect to the B-3 district regulations.

(B)

Portions of a development that are completely residential in nature shall be considered with respect to the R-4 district regulations.

(C)

Portions of a development including mixed-use buildings shall be considered with respect to Section 19.05.010 H, the setback and height regulations of the B-3 district, the residential density and related regulations of the R-4 district, and the parking regulations for each type of use as described in Section 19.11.010(E).

2.

The development standards that shall be established with the planned unit development process include:

(A)

Minimum lot area;

(B)

Maximum lot coverage;

(C)

Minimum green space;

(D)

Minimum setbacks, both principal and accessory buildings;

(E)

Maximum building height;

(F)

Dwelling unit density;

(G)

Minimum dwelling unit living area;

(H)

Landscaping and bufferyard requirements;

(I)

Minimum design standards.

(3)

Bicycle and off-street parking shall be provided in accordance with the provisions of Section 19.11.010 of this Title.

(4)

Exterior lighting where provided shall be in accordance with the provisions of Section 19.11.040 of this Title.

(5)

Provisions shall be made for the storage of refuse in accordance with Section 19.11.050 of this Title, except in the case of infill and redevelopment projects where the plan commission shall be authorized to grant exceptions to these requirements due to site constraints or for other just cause.

(6)

Exterior building materials for all developments in the Mixed Use Districts shall meet, at minimum, the standards outlined in Appendix D, Design Guidelines, for requirements such as exterior building materials, colors, roof design, utility placement, and screening. The proposed building materials shall be labeled on the elevations provided with the Concept Plan submittal so that the Plan Commission and Board can provide direction prior to the Preliminary PUD submittal.

(Ord. 4331 § E, 2008; Ord. 4018 § A (part), 2005; Ord. No. 4892, § B, 9-22-2014)

(Ord. No. 4929, § C, 2-17-2015)

(a)

Statement of Intent. The open space overlay district is intended to protect and preserve open space land from further development while providing land for citizens to actively pursue recreational activities.

(b)

Permitted Uses.

(1)

Uses specifically intended to enable citizens to utilize the open space and recreational facilities. These uses include: parks, playgrounds, playing fields, sport courts, picnic areas, pathways and trails, gazebos and park shelters, public recreation center, public community center, public senior center, public golf courses, public aquatic facilities, public cultural facilities, public educational facilities, farmers' market (as defined herein; see Appendix A, end note 12).

(2)

Uses intended for stormwater detention or retention.

(c)

Special Uses.

(1)

Accessory buildings or structures used specifically for storing maintenance equipment or vehicles.

(2)

Accessory buildings or structures that include restroom facilities.

(3)

Skate parks.

(4)

Facilities specifically designated as dog parks.

(5)

Zoos or zoological gardens.

(d)

Lot Requirements.

(e)

Setbacks, Size and Height Restrictions.

(f)

Design Standards.

(1)

See Appendix D, Design Guidelines, for requirements such as exterior building materials, colors, roof design, utility placement, and screening.

(Ord. 4018 § A (part), 2005; Ord. No. 4608, § A, 5-16-2011; Ord. No. 4929, § D, 2-17-2015)