1169.09 PERMITTED USES.

   (a)   The following uses, in sub-section 1169.09 (b), may be considered on a General Development Concept subject to all applicable requirements contained in this Development Code. In determining the appropriateness of each proposed use, the Planning Commission and the City Council shall determine that the plan satisfies one or more of the following:

      (1)   That the proposed uses will fulfill the Intent Statements expressed in Section 1169.01 ;

      (2)   That the proposed use(s) contributes to the pedestrian atmosphere desired by the City;

      (3)   That the proposed uses promote a vital, mixed-use environment;

      (4)   That the proposed uses are compatible with one another and will not unduly impact the public health, safety, and general welfare;

      (5)   That the proposed uses will further the creation of a vital retail mix that can be used by residents of the Mixed Use Development, users of other establishments in the Mixed Use Development as well as adjacent parcels, if applicable;

      (6)   That the proposed uses will include the necessary diversity of uses needed to prevent the segregation of uses and to insure a dynamic developed site;

      (7)   In the case of small sites as provided for in this Chapter, whether the proposed land uses will promote the desired mixture of uses either within the proposed Mixed Use Development or with adjacent sites, which are developed in a manner to compliment the proposed Mixed Use Development.

   (b)   Uses Which May be Considered in a Mixed Use Overlay District. A Mixed Use Development may include any of the following uses, but a list of specific uses shall be included with the General Development Concept and the location of those uses clearly delineated on the General Development Concept.

Schedule 1169.09 Permitted Uses
	MX (a) Mixed Use Overlay District
(1)    Residential/Lodging
A.    Single-family attached dwellings	P
B.    Dwelling unit(s) above the first floor of a building	P
C.    Residential on the First Floor of a Building	P
(2)    Office and Professional Services
A.    Administrative, business and/or professional office	P
B.    Bank and other financial institutions	P
C.    Medical/dental office	P
D.    Medical/dental/health services clinic	P
(3)    Retail and Services
A.    Retail establishment	P
B.    Restaurant, indoor	P
C.    Drive-thru facility in association with a permitted use	C
D.    Service establishment, business	C
E    Service establishment, personal	P
(4)    Entertainment - Recreation
A.    School, specialty/personal instruction	C
B.    Theater, indoor	C
C.    Assembly hall/membership club/conference center	C
D.    Public park, public playground	P
(5)    Community Facilities/Other
A.    Place of worship/church	C
B.    Wireless telecommunication facility	See Chapter 1191
C.    Library, cultural institution	C
D.    Parking structure	P
(6)    Accessory Uses
A. Accessory recreational facilities	A
B. Off-street parking facility	A
C.    Outdoor display/sales see §1167.19(a)	A
D.    Restaurant, outdoor dining, See §1167.13(b)	A
E.    Signs	A
P = Permitted by right C = Conditional A= Accessory
Notes to Schedule 1169.09: (a)    All operations, including storage, shall take place in a principal and/or an accessory building, except off-street parking & loading and as provided for in this Chapter.