(A) Purpose. The purpose of this district shall be to allow for the development, on tracts of 20 acres or more, of multi-phased, mixed-use developments consisting of primarily residential uses, and also including a variety of commercial, retail and marina options organized around an integrated usable open space system.
(B) Improvements. No approval for construction of any on-site or off-site improvements in an R-MU development shall be granted until a master plan for the R-MU development is approved in accordance with the procedures and requirements of this ordinance. Once approved, the provisions of the master plan will govern all aspects of development of the property.
(C) Permitted residential uses.
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multi-family dwellings;
(4) Nursery or kindergarten;
(5) Public or private elementary and secondary schools;
(6) Neighborhood playgrounds or parks;
(7) Public or private parks or community centers;
(8) Environmental corridors;
(9) Bicycle and pedestrian paths;
(10) Private clubs or lodges;
(11) Churches;
(12) Public utility buildings or uses; and
(13) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(D) Special residential uses.
(1) Golf course;
(2) Principal use sign;
(3) Home occupation; and
(4) Family care homes.
(E) Permitted commercial uses; marina.
(1) Boat docks;
(2) Boat service area;
(3) Marine service station;
(4) Boat repair;
(5) Boat sales;
(6) Boat storage facility (excluding stack storage);
(a) Except that Arlington Place may have dry stack storage as shown on the 2020 Proposed Master Plan in a building not more than 35 feet high.
(7) Fishing pier or dock;
(8) Bait and tackle shop;
(9) Gift shop;
(10) Marine club or organization;
(11) Restaurant;
(12) Any of the permitted or special uses authorized in the C-M Commercial Marina District in this ordinance; and
(13) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(F) Permitted commercial uses; retail establishments.
(1) Any of the permitted retail establishment uses authorized in the Commercial District in this ordinance, except:
(a) “Big box” or big box type store; and
(b) Department store.
(2) Accessory buildings/structures and uses customarily incidental to any permitted uses listed above.
(G) Permitted commercial uses; consumer services.
(1) Any of the permitted consumer service uses authorized in the Commercial District in this ordinance except:
(a) Auto/truck dealership;
(b) Commercial parking structures/lots;
(c) Drive-in/in-car eating restaurant (drive-up windows are allowed upon approval of building plans by Town Commissioners);
(d) Drive-in theater;
(e) Funeral home; and
(f) Pawnbroker.
(2) Accessory buildings/structures and uses customarily incidental to any of the permitted uses listed above.
(H) Special commercial uses.
(1) Principal use sign;
(2) Temporary sign; and
(3) Outdoor advertising sign.
(I) General use and development standards for R-MU developments.
(1) Uses allowed. An R-MU development may contain any or all of the uses specified in the approved R-MU master plan, provided that at least 60% of the useable property in the development shall be developed for residential uses and the Town Commissioners may set a higher standard for residential use. A wide range of uses are possible in an R-MU development, and the specific uses allowed may be different in each R-MU development. Notwithstanding § 151.019 regarding prohibited uses, all uses that are set out in a master plan and approved by the Town Commissioners shall be treated as permitted uses within the R-MU development.
(2) Mixed uses encouraged. Mixed use developments are strongly encouraged in the R-MU zoning district, including the mixing of principal residential uses with principal nonresidential uses.
Mixed use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above), or by having two or more principal uses located in different buildings sited on the same lot or parcel (e.g. freestanding child day care center located on the same parcel as an office building). Mixed location uses in all cases must be compatible as determined by the Town Commissioners.
(J) Designation procedure.
(2) Property may only be zoned R-MU upon request of the owners of the property.
(K) Standards. The following standards apply:
(1) Minimum tract size. The minimum tract size for an R-MU development shall be 20 acres.
There shall be no more than four dwelling units of ownership, on average, for each acre of the R-MU development property utilized. The term UTILIZED is defined as the total acreage of the development minus CAMA setbacks from naturally occurring bodies of water, minus the roads, rights-of-way, utilities and service buildings, and minus the unbuildable wetland areas and other bodies of water contained within the plot.
(2) Lot size. The average lot size for single-family lots within the R-MU development with frontage on a naturally occurring body of water shall be three-fourths of an acre; otherwise, the average size of all single family lots within R-MU development shall be one-half of an acre. There shall be no minimum lot size for other structures in the R-MU development provided the proposed lot sizes are set forth in the master plan and approved by the Town Commissioners. The minimum lot sizes established hereunder may be waived by the Town Commissioners, in its sole discretion, upon an affirmative finding that the public health, safety and welfare will not be negatively impacted by the waiver and is consistent with the General Statutes and other laws of the state.
(3) Wastewater treatment. All wastewater treatment of effluent generated within the R-MU development must be through a State DENR approved treatment and disposal system operated by either a unit of government or an approved licensed public utility with a franchise granted by the State Utilities Commission. Properly permitted septic systems by either county or state agencies may be allowed for the treatment of wastewater effluent until it is feasible to develop public wastewater treatment facilities for the R-MU development and as required by the homeowner’s association for connection to the public system. Wastewater treatment plans shall be included as a required part of the final phase presentation and no approval will be considered until all necessary permitting is secured and is presented with the plan.
(4) Water supply. All water supplied to property within the R-MU development must be through an approved system operated by either a unit of government or an approved licensed public utility with a franchise granted by the State Utilities Commission. The water supply shall not deteriorate
or in any way affect the supply, pressure or quality of the existing public water system when supplying water to the development.
(5) Setback; single family detached. The following minimum setbacks shall apply for single- family detached dwellings:
Minimum front yard setback line | 35 feet |
Minimum side yard setback line | 15 feet |
Minimum rear yard setback line | 25 feet |
(6) Setback; single-family attached and two-family. The following minimum setbacks shall apply for single-family attached dwellings and two-family and multi-family dwellings:
Minimum front yard setback line | 30 feet |
Minimum rear yard setback line | 15 feet |
Minimum side yard setback line | 15 feet |
Minimum distance between buildings | 15 feet |
(7) Setback; other structures. Setback; non-residential. There shall be no minimum setback for non-residential structures in the R-MU development provided the proposed setbacks are set forth in the approved master plan and approved by the Town Commissioners.
(8) Other minimum specifications for residential buildings:
(a) Single family detached: refer to R-20 zoning requirements.
(b) Single family attached and multi-family: refer to R-M zoning requirements.
(a) Streets shall have a minimum rights-of-way and paving widths and shall be required to meet the provisions of § 151.354.
(b) All base, material and paving must meet the then current secondary road standards of the state.
(c) In all cases, there must be a maintenance agreement for all streets.
(d) Further, in the event that any street in an R-MU development shall not be constructed to minimum standards sufficient to allow its inclusion in the state highway system for maintenance and is approved in the master plan, a street disclosure and maintenance agreement to be recorded with the plat or deeds as provided under § 151.354(G) of this ordinance shall be required.
(9) Environmental buffers. Variations from the minimum federal and state mandated environmental buffers shall not be allowed without requisite approvals from the appropriate federal and state agency.
(10) Common space. Each R-MU development shall provide adequate private, common open space facilities including both active and passive recreational uses. The facilities must be specified in the master plan and approved by the Town Commissioners.
(11) Building height. Building height shall not exceed 35 feet above mean surrounding ground level to the eaves.
(L) Coordination with review of subdivision plans. An application for an R-MU master plan approval and any required application for subdivision approval should be filed simultaneously. Sections 151.285 through 151.291, 151.305 through 151.312, 151.325 through 151.337, 151.350 through 151.358 and 151.370 through 151.377 govern approval. The review and processing of these applications shall be coordinated and consolidated as much as possible. The Planning Board and the Town Commissioners shall render sequential reports, recommendations and decisions on each application.
(M) Procedure.
(1) Pre-application conference. Before filling an application for an R-MU master plan approval, the applicant shall schedule a pre-application conference with the Planning Board. The applicant shall provide the Planning Board the following information at the pre-application conference:
(a) Size and location of the parcel proposed for development as an R-MU development;
(b) Proposed gross density and/or the amount of nonresidential square footage for the proposed R-MU development and net density of individual parcels within the R-MU;
(c) A master plan showing the proposed uses for the R-MU development including location, acreage, parks and net density of individual parcels within the R-MU development; and
(d) A schematic description of utility location, utility services, traffic circulation and roadway improvements for the planned development.
(2) Application filing. An application for an R-MU zoning approval shall be filed and processed in accordance with the zoning and rezoning procedures set forth in §§ 151.265 through 151.271. In addition, the application shall be accompanied by a master plan and supporting plans and documents as specified by the Planning Board.
(1) The R-MU designation is necessary to address a unique situation or represents a substantial benefit to the town compared to what could have been accomplished through strict application of otherwise applicable zoning district standards as determined by the Town Commissioners; and
(2) The R-MU application complies with the R-MU standards set forth in this subchapter.
(O) Effect of approval.
(1) The approval of an R-MU application and a master plan shall not become effective until the applicant has submitted to the Planning Board a copy of the master plan incorporating all changes, if any, that were required as conditions to the Town Commissioners approval, and additional information as may have been required as a condition of R-MU or master plan approval.
(2) Upon receipt of all required submittals, the Mayor shall mark and sign the master plan as approved and return a marked and signed copy of the master plan to the applicant. A copy marked “ORIGINAL” shall be retained for the records of the town.
(3) Actual development of the property comprising the approved R-MU development shall be subject to all applicable state requirements, subdivision plan approvals and other permits and approvals otherwise required by this ordinance. The development shall comply with all requirements of this ordinance unless the approved R-MU documents specifically state otherwise.
(4) The approved master plan will remain in effect so long as development is ongoing and does not cease for a period of more than 12 continuous months.
(Ord. passed 2-10-2009, § 7.9; Ord. passed 7-11-2017; Ord. passed 5-10-2022; Ord. passed 2024)