This district is designed for areas that currently have a mix of uses, and it is desirable to maintain this mix. It encourages a complementary mixture of small-scale, pedestrian-oriented uses that are compatible in a neighborhood setting that is adjacent to residential neighborhoods. It is intended to ensure a neighborhood character and place a proper balance of activities within walking distance of one another while serving the day-to-day needs of residents. The M-U Mixed-Use District is a unique mix of low-impact commercial uses (similar to C-1, Local Commercial), low-impact office uses (similar to O-1, Office), and single-family residential areas (similar to R-1A Single-Family Residential), with unique provisions that will allow for single-family residential uses to continue and to be established, while also allowing low-intensity commercial and office uses and buildings to continue that can serve the residential area.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the district under the conditions specified.

   (b)   No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of uses described in Section 1266.10 below.

   (c)   The following uses are permitted by right in the M-U Mixed-Use District, unless excluded in this zone per Section 1266.02(d) below:

      (1)   Uses permitted by right in the R-1A Single-Family Residential District.

      (2)   Uses permitted by right in the O-1 Office Service District.

      (3)   Uses permitted by right in the C-1 Local Business District.

   (d)   The following uses shall not be permitted in this zone:

      (1)   Party or package liquor stores or any stores which sell any packaged alcoholic beverages over the counter as part of their product line.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   The following uses are special land uses in the M-U Mixed-Use District, unless excluded in this zone per Section 1266.03(c) below:

      (1)   Special land uses in the R-1A Single-Family Residential District.

      (2)   Special land uses in the O-1 Office Service District.

      (3)   Special land uses in the C-1 Local Business District.

   (b)   The following special land uses are limited in this zone:

      (1)   Essential services are considered a special land use in the M-U Mixed-Use District, and shall be subject to the requirements of the R-1A Single-Family Residential District.

   (c)   The following uses and special land uses listed in the districts noted in Section 1266.03(a) shall not be permitted in this zone:

      (1)   High-intensity office uses, as listed in Section 1260.02(a).

      (2)   Uses permitted by right in the C-2 District, and not listed among C-1 District uses permitted by right.

      (3)   Automobile service stations.

      (4)   Drive-in facilities for permitted uses.

      (5)   Multiple-family dwellings.

      (6)   Parking lots and garages that are not accessory to, or are not on the same parcel/lot as, a principal permitted or special land use listed in the M-U Mixed-Use District.

      (7)   Private wireless communication towers, compounds, and equipment.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   Accessory structures and uses typically incidental to a principal use permitted by right or a principal special land use shall be permitted as accessory uses subject to the following requirements:

      (1)   All accessory structures and uses are subject to the lot, area, yard, and setback requirements of the most restrictive R-1A, O-1, or C-1 district in which the accessory use is allowed, and must conform to the provisions in Chapter 1280.

      (2)   No non-residential accessory structure or use shall occupy more than 20% of the floor area of the principal uses.

      (3)   No accessory structure shall be located in any front yard. No accessory structure shall be located in any side yard, except for residential accessory buildings and structures, which shall comply with Section 1280.04.

      (4)   No accessory structure shall be constructed on any lot prior to the time of construction of the principal structure to which it is accessory.

   (b)   The following accessory uses shall not be permitted in this zone:

      (1)   Sewage disposal units, individual.

      (2)   Stadiums and grandstands in athletic fields accessory to educational facilities.

      (3)   Outdoor storage of goods, merchandise, materials, equipment, and similar items outside of a building.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   All single-family detached dwellings used for residential purposes, located on a single lot, shall be subject to the review and permitting procedures set forth in Section 1242.08, which excludes single-family detached and two-family residential buildings from site plan review by the Planning Commission.

   (b)   All non-residential uses shall be subject to the site design regulations set forth in Chapter 1270 and the site design review procedures and standards set forth in Chapter 1272. This also applies to a new non-residential use moving into an existing residential building.

   (c)   All land uses listed as permitted by right or as a special land use in the M-U Mixed-Use District are subject to the applicable site design regulations set forth in Chapter 1270, and as set forth in other applicable chapters of the Zoning Ordinance. This also applies to a new non-residential use moving into an existing residential building.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   The minimum lot size for permitted or special land uses in the M-U Mixed-Use District is subject to the requirements of the R-1A, O-1, or C-1 district in which the use is permitted. For uses that are permitted in more than one of the R-1A, O-1, or C-1 district, the least restrictive provisions shall apply.

   (b)   No building shall be converted so as to conflict with, or further conflict with, the size requirements of the applicable district, as prescribed in Section 1266.06(a) above, except in cases involving existing nonconforming uses or sites as regulated by Section 1266.10 below.

   (c)   After the effective date of this Chapter 1266, all uses in the M-U district shall be established or maintained on lots which meet the lot size requirements as prescribed in Section 1266.06(a) above, except in the cases involving existing nonconforming uses or sites as regulated by Section 1266.10 below.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   The minimum yard requirements for permitted or special land uses in the M-U Mixed-Use District are subject to the requirements of the R-1A, O-1, or C-1 district in which the use is permitted. For uses that are permitted in more than one of the R-1A, O-1, or C-1 district, the least restrictive provisions shall apply.

   (b)   All accessory buildings, which are attached to principal buildings, shall comply with the yard requirements of the principal building.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   The maximum building bulk requirements for permitted or special land uses in the M-U Mixed-Use District are subject to the requirements of the R-1A, O-1, or C-1 district in which the use is permitted. For uses that are permitted in more than one of the R-1A, O-1, or C-1 district, the least restrictive provisions shall apply.

   (b)   All accessory buildings, which are attached to principal buildings, shall comply with the yard requirements of the principal building.

(Ord. 106A-123. Passed 6-14-23.)

   (a)   Off-street parking and loading facilities, accessory to uses allowed in the M-U Mixed-Use District, shall be provided in accordance with the regulations established in Chapter 1278, except that off-street parking areas for any non-residential use shall be located in the side or rear yards.

   (b)   An existing parking lot that serves an existing building may remain in its current location; however, redevelopment of the site, or a partial alteration of the existing building, that requires site design review shall also renovate the parking lot to meet the standards in Chapter 1282. Redevelopment of a site, as determined by the Planning Commission, will require relocating parking to the side or rear of the building.

(Ord. 106A-123. Passed 6-14-23.)

      (1)   Uses already established on the effective date of this chapter and rendered nonconforming by the provisions of this chapter may continue; however, they shall be subject to the provisions of this section and Chapter 1282.

      (2)   For sites developed for non-residential purposes on the effective date of this chapter and rendered nonconforming by the provisions of the site design requirements, the site may be occupied by a new non-residential purpose permitted in the district or redeveloped for a non-residential purpose permitted in the district, but will require improvements that increase compliance with the ordinance site design requirements, according to the standards below.

      (3)   For sites that are developed for residential purposes on the effective date of this chapter and rendered nonconforming by the provisions of the site design requirements, the site may be occupied by a new residential purpose permitted in the district.

      (1)   Allow for reasonable re-use, maintenance and improvements to these sites that will gradually improve compliance with these requirements.

      (2)   Permit a proportionate amount of improvements to nonconforming sites relative to the amount of expansion or improvement proposed to the use or building.

      (3)   Allow the needed flexibility in the regulations to encourage gradual site improvements and increased compliance with the intent of the zoning ordinance requirements.

      (4)   Required reviews. This section provides for the conditions under which re-occupancy, improvement and modification to nonconforming sites may occur. It does not replace other reviews and requirements contained elsewhere in this chapter. Therefore, where improvements and modifications are proposed to nonconforming sites, they shall be subject to site design review according to Section 1242.08 and Chapters 1270 and 1272 .

            1.   Modifications to nonconforming structures or buildings comply with Chapter 1282.

            2.   Changes to nonconforming uses comply with Chapter 1282.

            3.   Improvements/modifications to a nonconforming site shall include reasonable site improvements to the overall site in relation to the scale and construction cost of any proposed building improvements or expansion on site. Full redevelopment of the site shall comply with all relevant regulations.

            4.   The applicant has addressed safety related site issues on the overall site.

            5.   The improvements or minor expansion will not increase noncompliance with other site requirements.

            1.   The nonconforming parking area is expanded or altered by an area that is 50% or more of the original area.

            2.   Twenty-five percent (25%) or more of the surface area of the parking area is reconstructed (existing pavement removed and replaced).

            3.   Where full compliance is not possible due to existing site conditions, a variance may be requested from the Zoning Board of Appeals.

            4.   Whenever re-occupancy is proposed, or the parking area is not proposed to be expanded or reconstructed beyond the percentages noted in subsections 1. and 2. above, then any necessary repairs shall be made to the existing parking lot pavement, as determined by the Village Engineer.

            1.   Where existing screening walls, fences or landscaping are in disrepair, they shall be improved to a sturdy and attractive condition.

            2.   All parking areas shall be screened from adjacent residential uses, and all waste receptacles shall be screened.

            1.   Whenever the size of the nonconforming site (building or parking) is redeveloped or expanded by an area that is 50% or more of the original nonconforming area, all landscaping on the site shall be brought into compliance; or

            2.   Whenever 25% or more of the surface area of the landscaped area is redeveloped or reconstructed (and ground cover removed and replaced) the reconstructed portion of the landscape area shall be brought into compliance.

            3.   Landscape buffer strips shall be installed between the right-of-way and parking lot per Chapter 1270.

(Ord. 106A-123. Passed 6-14-23.)

   Signs shall be allowed for office and business uses in accordance with the regulations established in Chapter 1276.

(Ord. 106A-123. Passed 6-14-23.)