(A) Purpose. The purpose of the Village Mixed Use District is to recognize the existence of small rural unincorporated villages that were developed prior to contemporary land use and environmental regulations and that include a mixture of land uses. Development in many of these villages is constrained by small lot sizes that are inadequate to support on-site wastewater treatment. The district is intended to implement the following objectives:
(1) Encourage development that will increase the housing diversity and economic viability of the unincorporated rural villages through construction of a greater variety of housing types, compatible new uses or intensification of existing land uses;
(2) Maintain and enhance the existing character of the villages, while encouraging rehabilitation or reuse of existing buildings;
(3) Encourage the development of community sewer systems that can improve wastewater treatment for existing development as well as new development;
(4) Prevent or mitigate conflicts between agricultural and non-agricultural land uses; and
(5) Allow flexibility in dimensional standards without compromising public health and safety.
(B) Permitted uses. (Commercial and office uses in the Village Mixed Use District listed below as “permitted” shall not exceed 5,000 square feet of gross floor area on the ground floor, except by conditional use permit; the maximum size of conditional commercial or other nonresidential uses shall be as specified in the conditional use permit.)
(1) Agriculturally-oriented business;
(2) Seasonal produce stand;
(3) Single-family detached dwelling;
(4) Accessory dwelling unit;
(5) Home occupation;
(6) Licensed residential program (up to eight residents);
(7) Daycare center;
(8) Local governmental agency building or facility, community center;
(9) Parks and public recreation areas;
(10) Religious institution;
(11) School, public or private;
(12) Art, photography, crafts gallery, pottery shop, studios;
(13) Bakery, coffee shop;
(14) Barber, beauty shop;
(15) Bed and breakfast;
(16) Convenience gas and goods sales;
(17) Retail sales establishment;
(18) Railroad right-of-way, but not including railroad yard;
(19) Family daycare;
(20) Group family daycare;
(21) Parking facility;
(22) Solar equipment;
(23) Swimming pool, hot tub;
(24) Water-oriented accessory structures (docks, lifts and the like);
(25) Wind turbine, accessory; and
(26) Other accessory uses and structures that are incidental to the principal use.
(C) Conditional uses.
(1) Feedlots;
(2) Agricultural chemicals, fertilizer sales;
(3) Grain elevator, grain storage and drying (commercial);
(4) Livestock sales barn and accessory facilities;
(5) Two-family dwelling;
(6) Boarding house;
(7) Home occupation;
(8) Manufactured home park;
(9) Multi-family dwelling;
(10) Cemetery, memorial garden;
(11) Campground;
(12) Skating rink (enclosed), dance hall, game arcade, bowling alley, health club;
(13) Automobile repair;
(14) Automobile service station, car wash;
(15) Office, professional or medical;
(16) Office, rather than professional or medical;
(17) Repair services. Repair service include, but are not limited to, the repair of: appliances; furniture and upholstery; jewelry; shoes; musical instruments; watches and other articles generally found for sale in retail sales establishments;
(18) Restaurant;
(19) Tavern, club;
(20) Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennels;
(21) Essential services, facilities and structures;
(22) Kennels, private; and
(23) Outdoor display.
(D) Dimensional standards. Development within the Village Mixed Use District shall be subject to the following minimum dimensional standards:
(1) Lot area:
(a) Single-family dwelling: 30,000 square feet or additional area as necessary to provide adequate on-site wastewater treatment, as regulated by the County SSTS standards. A community sewer system or an off-site drainfield located on an adjacent property may be used to meet wastewater treatment standards with the approval of the County Public Health Services Department and Zoning Administrator;
(b) Other principal permitted and conditional uses: one acre minimum or as specified by conditional use permit; and
(c) No minimum lot area required for utilities, public uses and communication towers except as otherwise required.
(2) Minimum lot width: 75 feet;
(3) Minimum setbacks from property or road right-of-way lines, principal structures:
(a) Front yard: 35 feet, or within the range of the existing setbacks on the block;
(b) Side yard: 20 feet; and
(c) Rear yard: 30 feet.
(4) Minimum setbacks from property or road right-of-way lines, accessory structures:
(a) Front yard same as principal structure;
(b) Side yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height); and
(c) Rear yard: 20 feet (ten feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height).
(5) Minimum setbacks, windbreaks and trees:
(a) Road right-of-way of less than 100 feet: 20 feet from right-of-way;
(b) Road right-of-way of 100 feet or greater: 15 feet from right-of-way;
(c) From side or rear parcel boundary: ten feet for windbreaks consisting of shrubs and 20 feet for trees, as defined; and
(d) Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds.
(6) Maximum impervious coverage: 50% of lot area; and
(7) Maximum height for all structures except agricultural structures, utilities and communication or wind towers: 35 feet.
(E) Additional requirements. Additional requirements within this ordinance and other county ordinances apply to development in the VMX District. These include, but are not limited to, the general regulations in Article 4 and the conditional use standards in Article 3 and 6.
(F) VMX extension. Any request for a zoning change to rezone land to the VMX District must meet the following criteria as a condition of approval.
(1) The property proposed for rezoning must be adjacent to the boundary of the VMX District.
(2) Centralized wastewater collection and treatment facilities shall be provided to serve the rezoned area and, to the extent feasible, to provide service to existing developed areas.
(3) Connections between proposed streets and existing streets may be required to facilitate pedestrian circulation and to integrate new development into the existing village.
(Ord. 97, passed 7-21-2009)