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(A) Generally. More than one permitted use shall be allowed on the same lot and/or within the same building. Permitted uses are established as specified in § 602 of this chapter for the subject zoning district, except as otherwise specified below. The provisions of this section shall take precedence over those of other subchapters that purport to regulate certain specific uses that are otherwise permitted. No use shall be permitted which is found to generate unreasonably high traffic volumes, be environmentally unsound or visually objectionable, or is not consistent with the desired village character of a mixed-use development project.
(B) Prohibited uses. Within a mixed-use development project authorized under the provisions of this subchapter, the following uses as defined in § 602 of this code are prohibited:
(1) All uses under the extractive and industrial non-manufacturing heading;
(2) All uses under the manufacturing heading;
(3) All uses under the transportation, communication, and utilities heading;
(4) All uses under the commercial outdoor recreation heading, except conservation lands, bird sanctuaries, wildlife preserves, and public and private parks;
(5) All uses under the governmental, educational, and institutional on privately owned land heading;
(6) Livestock farms;
(7) Offices of veterinarians and animal hospitals;
(8) Offices of veterinarians and animal hospitals, including indoor boarding of dogs, cats, and other fur-bearing animals;
(9) Licensed kennels for the raising, boarding and care of dogs, cats, and other fur-bearing animals;
(10) Single-family and two-family dwellings;
(11) Institutional dormitory;
(12) Wholesale distribution;
(13) Lumber, building materials, heavy equipment, plumbing, electrical supply, and service;
(14) Auto dealers, trailers, tire, battery, access, and dealers;
(15) Gasoline service station;
(16) Gasoline station with convenience store;
(17) Boat sales, including trailers;
(18) Large-scale shopping center;
(20) Convenience stores with fueling pumps;
(21) Lunchroom or restaurant with drive-thru or drive-in service (with or without alcoholic beverages);
(22) Retail outlet for wholesale, storage, or manufacturing use;
(23) Funeral home;
(25) Automotive repair, service and garages, vehicle body shop, and welding;
(26) Vehicle washing establishment;
(27) Vehicle or equipment rentals;
(28) Catering and food packaging;
(29) Bank or financial institution with drive-thru service;
(30) Bowling alleys, billiard, and pool parlors;
(31) Gymnasium, court games;
(32) Skating rinks; and
(33) Indoor roller blade and skateboarding facility.
(C) Performance standards. In addition to the requirements of Article 27 of this chapter, the following performance standards shall apply to mixed-use development.
(1) Commercial uses within a mixed-use development located in the Limited Business (LB) Zoning District shall limit hours of operation to 6:00 a.m. to 8:00 p.m.
(2) Commercial uses within a mixed-use development located in the General Business (GB) Zoning District shall limit hours of operation to 5:00 a.m. to 11:00 p.m.
(3) For purposes of applying the town's noise regulations, § 130.75 et seq., mixed-use developments shall comply with the maximum permissible sound levels allowed in a residential zoning district.
(4) Dumpsters within a mixed-use development shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m.
(D) Mix of uses.
(1) Retail commercial uses shall be limited to no more than 35% of gross leasable floor area (hereinafter referred to as “GLFA").
(2) A minimum of 25% and maximum of 60% of the GLFA of the proposed development shall be dedicated to residential uses, not including hotel, motel, or other transient use.
(3) Consistent with § 521.3 of the Regulations, at least 25% of the master plan's developable land area shall be dedicated to landscaped areas. These areas may consist of plazas, lawns, gardens, or vegetated buffer areas, and may include picnic areas, playgrounds, and/or playing fields.
(E) Residential. Townhouses, apartments, and mixed residential/commercial uses shall be reviewed in accordance with the procedures specified in this subchapter, and the development standards of Article 15 Multifamily Dwellings. A special use permit shall not be required for a use classified as a multifamily dwelling structure or multifamily dwelling project developed as a component of a mixed-use development project. Where there is a conflict between the requirements of this subchapter and those of Article 15 Multifamily Dwellings, the provisions of this subchapter shall control.
(F) Commercial. Commercial uses consistent with the desired character of the district, such as small-scale retail and office, shall be permitted. Where applicable, the development standards of Article 14 Motels and Hotels, or Article 18 Shopping Centers, shall be met. Where there is a conflict between the requirements of this subchapter and those of Article 14Motels and Hotels, or Article 18 Shopping Centers, the provisions of this subchapter shall control.
(G) Open space.
In addition to the landscaped areas required by this chapter and the Regulations, the developer has the option of dedicating a portion of the property for open space uses. Such dedication might entitle the developer to certain incentives subject to the provisions below.
(1) Ownership. Open space designated for use as a public park or for agricultural use, and dedicated in exchange for certain incentives provided under this chapter shall be a separate and distinct lot(s) to which ownership shall be vested in a legally viable entity, which shall be responsible for the use and maintenance of the open space. Such open space shall be subject to a conservation easement. Other open space and landscaped areas to be integrated into the mixed-use development project, such as common areas, plazas, gardens, and small parks and playgrounds intended for use by the residents, tenants, and customers of the development need not be a separate parcel and are not subject to the conservation easement requirement. Ownership of separate open space parcels shall be conveyed to one of the following:
(a) The town (if it is accepted for park, open space, agricultural, or municipal use);
(b) A nonprofit organization, the principal purpose of which is the conservation of open space;
(c) A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants; or
(d) Land in agricultural use at the date of adoption of this subchapter may remain in private agricultural use, provided that a conservation easement to preserve such agricultural use shall be conveyed to one of the entities set forth in divisions (a) and (b) above.
(2) Use. Open space may be used for one or more of the following purposes:
(a) Agricultural use, including farming or growing crops and nursery stock;
(b) Conservation and passive recreation areas;
(c) Pedestrian friendly parks, plazas, town green, village commons, and the like, designed to include such features as benches, tables, playground equipment, sidewalks, lighting and landscaping;
(d) Stormwater treatment best management practices (BMP), provided, however, that they occupy no more than 10% of the open space;
(e) Active outdoor recreation to fulfill the community's needs for such facilities as identified by the town, and meet the need created by the residential development component of the project;
(f) Buffer areas between development and adjacent property; or
(g) Underground utilities.
(Ord. 2018-16, passed 9-4-18)