(A) Purpose and intent. The MU District is intended to protect and enhance the character of the Central Business District, to guide new development and redevelopment activities in the downtown area and State Road 135 to allow for residential and commercial activities on the same parcel, and to promote a mix of high-density development with active street edges and pedestrian ways.
(B) Multiple uses. The MU District may include multiple principal uses, including a combination of R-1 residential and non-residential uses, provided that each use is a permitted use as set forth below.
(C) Permitted uses. Uses permitted in the MU Mixed Use District are expressly limited to the following list without variance approval from the Trafalgar Board of Zoning Appeals:
(1) All permitted uses in R-1 Residential District Three Regulations.
(2) Professional services, limited to:
(a) Doctors and dentists;
(b) Interior decorator;
(c) Dance;
(d) Music;
(e) Art;
(f) Language and artisan school; and
(g) Beauty and barber school.
(3) Clothing service, limited to:
(a) Clothing boutique;
(b) Jewelry store;
(c) Tailor and pressing shop; and
(d) Shoe sales and repair shop.
(4) Equipment service, limited to:
(a) Radio shop; and
(b) Record shop.
(5) Food service, limited to:
(a) Butcher;
(b) Delicatessen;
(c) Bakery; and
(d) Restaurant.
(6) Personal service, limited to:
(a) Barber shop;
(b) Beauty shop; and
(c) Photographic studio.
(7) Retail service, limited to:
(a) Drug store;
(b) Hardware;
(c) Stationer; and
(d) Newsdealer.
(D) No use shall comply with the following performance standards.
(1) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(2) Smoke. No use shall emit smoke of a density equal to or greater than No. 1 according to the Ringelmann Scale, as now published and used by the U.S. Bureau of Mines, which is incorporated by reference and made a part thereof.
(3) Smoke, particulate matter, noxious matter. The emission of smoke, particulate matter or noxious or toxic gases shall conform to the standards and regulations of the State Air Pollution Control Board.
(4) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(5) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(6) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(7) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the State Department of Environmental Management or in such a manner as to endanger the public health, safety or welfare or cause it injury to property.
(E) Development standards for mixed use.
(1) The development standards for Mixed Use zoning shall generally conform to the standards set forth in R-3 Residential District Three Regulations, outlined in § 152.039(B)(2) of the Town Code.
(2) Development standards for Mixed Use zoning may be waived upon proper petition for waiver and granting of approval from the Plan Commission.
(Ord. 2023-010, passed 12-7-2023)