(A) General purpose and description. The Mixed Use District-I (MXD-I) is intended to accommodate a variety of housing opportunities, office, retail, service uses and live-work environments, and to ensure that the areas and land uses are compatible with the character of existing mixed-use corridors and in areas of new development. This district is expected to be pedestrian oriented and maintain connectivity within the district and with adjacent neighborhoods.
(B) Uses permitted. Mixed Use District-I is intended to encourage a mix of residential, business, office, commercial and institutional uses. The size, location, appearance and method of operation of intended uses shall be specified to the extent necessary to insure compliance with the purpose of this district. The following uses shall be permitted in the Mixed Use District-I.
(1) Single-family, two-family and multi-family dwellings, hotels, motels, condominiums, apartment buildings and dormitories;
(3) Multi-story buildings where the ground floor is utilized as commercial space and the upper stories are apartments or condominiums;
(4) Retail establishments;
(5) Eating and drinking establishments, excluding drive-in establishments;
(6) Personal service establishments as allowed in General Commercial Districts;
(7) Business or administrative offices, studios, medical clinics and laboratories;
(8) Financial institutions, including drive-up services;
(9) Signs as regulated in § 155.051;
(10) Indoor recreation or amusement establishments;
(11) Business, vocational and public schools not involving outdoor industrial operations;
(12) Churches, undertaking establishments and funeral homes;
(13) Wholesale and distribution centers that are conducted entirely within a building; and
(14) On the same premises, and in connection with permitted principal uses and structures, other uses and structures which are customarily accessory and clearly incidental to permitted or permissible uses and structures.
(C) Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with the provisions contained § 155.073.
(1) Electrical receiving or transforming stations.
(2) Public utility substations, service yards and pumping stations subject to § 155.004(A)(3).
(3) For any proposed business not having access to a commercial, industrial or highway service street as permitted under division (B) above.
(4) Gasoline service and filling stations, and activities associated with filling stations when those activities are conducted entirely within an enclosed building, as regulated in § 155.052.
(5) An accessory apartment. (See definition.) The use permit will be subject to the following criteria.
(a) An accessory apartment would not be allowed as an accessory to eating or drinking establishments.
(b) The accessory apartment would be required to have its own entrance and that apartment shall have to meet all fire and life safety codes.
(c) The commercial character of the structure must be maintained (e.g. all satellite dishes be roof mounted or mounted off of the facade).
(d) The business must be opened within the first six months of the accessory apartment certificate of occupancy to meet the criteria of the use permit. The goal is to have a business in place if someone is living on the property and have commercial vacancies no longer than six months (including off-season use).
(6) Other uses similar in character to those enumerated above and which in the opinion of the governing body will not be injurious to the district.
(D) Uses not permitted. The following groups, occupancies or uses are expressly disallowed in the MXD-I District:
(1) Structures over three stories or 60 feet average roof height;
(2) Manufactured homes;
(3) Manufactured home parks;
(4) Manufactured home sales, service and repair facilities;
(5) RV parks, travel parks or campgrounds;
(6) Self-storage facilities, except those provided in conjunction with approved residential uses;
(7) Any open storage or fenced open storage for the storage, display or sale of used, repossessed or traded-in merchandise, including sand and gravel storage and sales;
(8) Junkyards, salvage operations or storage of wrecked, junked or inoperable vehicles or equipment; and
(9) Under no circumstances shall an adult oriented business be permitted in this district.
(E) Area regulations. The following requirements shall apply to all uses permitted in this district.
(1) Front yard. No structures shall be constructed closer than 25 feet from any property line abutting a street right-of-way.
(2) Side yard.
(a) Side yard setbacks shall be no less than ten feet from the property line for any single-story structure including any side driveway or parking area thereof.
(b) Side yard setbacks shall be no less than 12 feet from the property line for any two-story structure.
(c) Side yard setback shall be no less than 25 feet from the property line for any structure greater than two stories in height.
(3) Rear yard.
(a) Residential structures; minimum 25 feet from the rear property line.
(b) Commercial structure: minimum ten feet from the rear property line. Where a commercial business is serviced from the rear there shall be adequate space provided for off-alley parking of delivery vehicles.
(4) Lot widths and areas.
(a) Lots for commercial uses shall have a minimum lot width at the front building line of not less than 75 feet, and a lot area of not less than 10,000 square feet, except for home occupations approved as a use permitted on review in accordance with § 155.073.
(b) Lots utilized for multiple-family dwellings shall have a minimum lot width at the front building line of not less than 100 feet, and a total area of 6,000 square feet plus an additional 1,500 square feet for each dwelling unit.
(5) Maximum lot coverage (including all primary and accessory structures).
(a) Residential uses: 30%.
(b) Other uses: 40%.
(F) Off-street parking. As regulated in § 155.049.
(G) Signs. As regulated in § 155.051.
(H) Landscape requirements. As required in § 155.045.
(Prior Code, § 27-A-04-05)