[Added 12-20-2004 by Ord. No. 10-04]
The purpose of this district is to:
A.
Create mixed use, compact, walkable places that transform
residential, commercial, recreational, and other compatible uses into
a traditional neighborhood.
B.
Create streetscapes with buildings close to sidewalks
and parking to the rear accessed by alleys and service lanes.
C.
Integrate housing types, parks, shops and stores into
a seamless, interconnected place with through streets.
D.
Provide for needed transportation and traffic improvements
to minimize the impact of the new village on surrounding roads.
E.
Create a network of open space and recreational opportunities
for pedestrians and bicyclists.
The Mixed-Use Village Overlay District shall apply to those areas shown on the Smart Growth Zoning Districts and Overlay District map in Article XXV.
A.
Permitted-by-right uses.
(1)
All uses permitted in the underlying zoning
districts.
(2)
All uses permitted in §§ 275-64B and 275-65A, and the following additional uses: drive-through commercial uses for financial institutions, fast food restaurant with or without a drive-through, restaurant, tavern, coffee shops, convenience store, auto service station, and supermarket (including a drive-through for a pharmacy component of the supermarket) greater than 8,000 square feet of total floor area.
[Amended 7-16-2012 by Ord. No. 03-12]
C.
Conditional uses (subject to the provisions of §§ 275-2 and 275-259, and §§ 275-198 and 275-199 where applicable).
[Amended 7-16-2012 by Ord. No. 03-12]
(1)
Any permitted-by-right use in a building of 70,000 square feet or greater on the ground floor, subject to § 275-259A.
(3)
A
traditional neighborhood development (TND) shall have at least 10%,
but no more than 50%, of the gross tract area in commercial use. The
TND shall be a mixed-use development with residential, commercial,
and recreational types of uses.
[Amended 7-16-2012 by Ord. No. 03-12]
A.
Minimum tract area: 75 acres for traditional neighborhood
development; eight acres for neighborhood commercial village.
B.
Minimum lot area: 3,000 square feet for each nonresidential
lot; 1,800 square feet for each residential lot.
[Amended 7-16-2012 by Ord. No. 03-12]
C.
Maximum building coverage: 35% for the tract.
D.
Maximum impervious surface coverage: 70% for the tract.
E.
Maximum building footprint: No individual building shall exceed 70,000 square feet, unless in compliance with § 275-259.
[Amended 7-16-2012 by Ord. No. 03-12]
F.
Maximum building height: four stories or 60 feet,
whichever is less, except as indicated below.
(1)
Within 300 feet of a residential district boundary,
not including a residential district boundary separated by an existing
or officially proposed expressway: 35 feet.
H.
Minimum perimeter setback: 50 feet for all buildings,
except that buildings fronting on an existing or proposed street may
be from five feet to 50 feet from an ultimate street right-of-way
line. The perimeter of a lot shall be measured from the ultimate street
right-of-way for all existing and proposed streets.
[Amended 7-16-2012 by Ord. No. 03-12]
I.
Minimum yard areas.
[Amended 7-16-2012 by Ord. No. 03-12]
(1)
Commercial
and residential buildings shall have a front yard setback of 15 feet
measured from the back of the sidewalk.
(2)
Residential
porches shall have a front yard setback of 10 feet measured from the
back of the sidewalk.
(3)
Residential
garages shall have a front yard setback of 18 feet measured from the
back of the sidewalk.
J.
Maximum
residential gross density: 15 dwelling units per gross acre for that
portion of the TND development to be used for residential use. The
portion of the tract to be used for residential use shall be identified
on the land development plan so this density calculation can be made.
[Amended 7-16-2012 by Ord. No. 03-12]
K.
Common open space within residential development areas:
10% minimum of gross tract area development for residential use.
A.
The Mixed-Use Village Overlay District shall be consistent with the smart growth principles and key design elements adopted as part of the Comprehensive Plan Update 2004, and included in Article XXV.
B.
The Mixed-Use Village Overlay District shall be built and maintained in accordance with Article XXXII, Streetscape Enhancement Overlay District.
C.
Building plan.
(1)
A separate plan sheet shall be submitted to
depict the proposed building program. Said plan shall indicate the
proposed principal and accessory uses, the gross square footages of
all uses, and the building heights. The building plan shall also indicate
the total tract building coverage, existing and proposed, and the
total tract impervious surface coverage, existing and proposed.
(2)
The plan shall depict all proposed building development in accordance with Article XXXII, Streetscape Enhancement Overlay District.
(3)
No commercial and/or garden apartment or mid-rise
apartment building lot may be located adjacent to an existing residential
lot on a property abutting the district.
D.
Street, alley, and streetscape plan.
(1)
A separate plan sheet shall be submitted to
depict the proposed interconnected street and alley network. Such
plan shall indicate all widths of vehicular accessways.
(2)
The plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3)
Alleys shall be encouraged but are not required throughout the Mixed-Use District. Where alleys are not utilized in a particular development the provisions of §§ 275-261F(1) and 275-262C, regarding rear access to alleys and/or service roads, and any other provisions of this ordinance applicable to alleys, shall not apply.
[Amended 7-16-2012 by Ord. No. 03-12]
(4)
An alley shall be a minimum paved width of 12
feet for one-way alleys, and 16 feet for two-way alleys.
E.
Pedestrian access plan.
(1)
A separate plan sheet shall be submitted to
depict the proposed interconnected network for pedestrian access including
sidewalks and other pathways.
(2)
The pedestrian access plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3)
Sidewalks shall be provided on both sides of
all streets.
F.
G.
Parking plan.
(1)
A separate plan sheet shall be submitted to
depict proposed surface and deck parking. Such plan shall list the
number of parking spaces proposed in relation to the proposed use(s).
(2)
The plan shall be consistent with the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3)
To the maximum extent practicable, parking is encouraged, but not required, to be located to the side or rear of buildings, except for parallel or angled on-street parking, and except for approved common off-street parking areas. If such parking is located between a building and a street, it shall be screened in accordance with the Streetscape Enhancement Overlay District design guidelines of Article XXXII.
[Amended 7-16-2012 by Ord. No. 03-12]
(4)
Parking shall comply with Article XVII, with the exception that a maximum of 25 consecutive and contiguous parking spaces in a row shall be permitted without being separated by a landscaped area. The following parking space requirements shall replace the requirements of Article XVII within the Mixed-Use Village Overlay District:
[Amended 7-16-2012 by Ord. No. 03-12]
H.
Neighborhood commercial village.
(1)
A neighborhood commercial village shall be on
a tract eight acres or greater, and shall comply with all provisions
of this article and all cross-referenced articles.
(2)
A neighborhood commercial village shall be built and maintained as a traditional neighborhood-type development and shall be consistent with the key design elements of Exhibit A in Article XXV. As such, such village shall be compact, walkable, mixed commercial use, and shall have the streetscape qualities set forth in Article XXXII.
(3)
It is encouraged, but not required, that buildings be built and maintained to form a street wall or street edge in accordance with Article XXXII.
[Amended 7-16-2012 by Ord. No. 03-12]
(4)
To the maximum extent practicable, parking is encouraged, but not required, to be located to the rear or side of buildings, except for on-street parallel or angled parking, and except for approved common off-street parking areas. If such parking is located between a building and a street, it shall be screened in accordance with the Streetscape Enhancement Overlay District design guidelines of Article XXXII.
[Amended 7-16-2012 by Ord. No. 03-12]
(5)
A minimum perimeter landscape buffer of 30 feet
shall be installed and maintained along the side and rear perimeter
property lines, except for streets, roads, driveways, and approved
accessory structures such as sidewalks, trails, fences, walls, piers,
signs, retaining walls, and common parking areas.
[Amended 7-16-2012 by Ord. No. 03-12]
(6)
A minimum landscape area of 15% of the lot shall
be installed and maintained.
[Amended 7-16-2012 by Ord. No. 03-12]
(7)
The maximum building coverage shall be 55%,
and the maximum impervious surface coverage shall be 85%.
[Amended 7-16-2012 by Ord. No. 03-12]
I.
Design guidelines.
[Amended 7-16-2012 by Ord. No. 03-12]
(1)
The maximum building length shall be 350 feet;
(2)
The length of the facade of any new building which exceeds 24
feet in length shall have vertical design elements such as pilasters,
columns, piers, or recesses or projections of one to four feet, so
that no new vertical bay or section of a building facade exceeds 24
continuous feet in length;
(3)
Building
windows and openings shall constitute no less than 30% of all frontage
walls on the ground floor/first floor;
(4)
No
building shall have opaque windows on the ground floor/first floor
of the primary facade;
(5)
No
residential building shall have a flat roof. If a nonresidential building
has a flat roof, it shall have a parapet wall screening all mechanical
equipment;
(6)
No
single building shall exceed 80,000 square feet on the ground floor.
A.
Buildings of 70,000 square feet or greater on the
ground floor:
[Amended 7-16-2012 by Ord. No. 03-12]
(1)
The
maximum building length shall be 350 feet;
(2)
The
length of the facade of any new building which exceeds 24 feet in
length shall have vertical design elements such as pilasters, columns,
piers, or recesses or projections of one to four feet, so that no
new vertical bay or section of a building facade exceeds 24 continuous
feet in length.
(3)
Building
windows and openings shall constitute no less than 30% of all frontage
walls on the ground floor/first floor;
(4)
No
building shall have opaque windows on the ground floor/first floor
of the primary facade;
(5)
No
residential building shall have a flat roof. If a nonresidential building
has a flat roof, it shall have a parapet wall screening all mechanical
equipment;
(6)
No
single building shall exceed 80,000 square feet on the ground floor;
B.
Principal buildings less than 20 feet in height.
(1)
Accessory buildings may be less than 20 feet
in height.
(2)
Up to 30% of the total nonresidential building
square footage of a lot within the Mixed-Use Village Overlay District
may be in buildings of 20 feet in height.
(3)
No principal story building shall have a flat
roof. If a building has a flat roof, it shall have a parapet wall
screening all mechanical equipment, unless it has a parapet wall screening
all mechanical equipment from public view along streets, sidewalks,
and public alley-accessible parking areas.
[Added 7-16-2012 by Ord. No. 03-12]
In order to encourage the use of efficient and innovative design,
the Board of Commissioners may permit additional modifications of
the standards set forth in this article as a conditional use, provided
that any such conditional use which modifies the design criteria or
standards in addition to those more specifically enumerated hereinabove
shall be subject to the following:
A.
Such
modifications would provide for a safer, more attractive and more
functional use that offers valuable economic base and/or local employment;
and
B.
Such
modifications would not result in adverse impact to the use and enjoyment
of nearby properties; and
C.
Such
modifications would not jeopardize the safe functioning of adjoining
roads and intersections.
