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The purpose and intent of the Mixed Use District is to promote the general health, safety, and welfare of the citizenry by:
(a) Allowing for the development of the District with a mixed use of residential, retail, and professional establishments to encourage economic development compatible with the existing character of the City and its Zoning Code;
(b) Utilizing the unique environment offered by Lake Erie to achieve the economic development objectives consistent with the recommendations of the Master Plan;
(c) Encouraging a site specific flexibility for lot sizes, setbacks, lot coverage, green space parking and other development and design standards in order to achieve better site design, better relationships between different uses, and extended preservation of open spaces and natural topography;
(d) Preserving public open spaces, where feasible, along the lake shore;
(e) Ensuring that the natural topographic features, and the natural resources in the District are protected during development;
(f) Encouraging walking, bicycling and social interaction, where feasible, by providing safe and attractive amenities, including, but not limited to, benches, public sidewalks, walkways and bicycle paths which link to residential and commercial areas to open spaces, access to Lake Erie, natural area corridors, parks and other land uses within the District; and
(g) Ensuring that development occurs in a unified and timely manner in accordance with an approved development plan.
(Ord. 2012-14. Passed 3-20-12.)
The Mixed Use District shall be described by and include within the area bound on the East by the Vine Street Extension, bound on the South by Lakeshore Boulevard, bound on the West by the Willow Beach Allotment boundary, and bound on the North by Lake Erie, as shown on the Zoning Map, which together with all accompanying notations, references, rules and designations, is hereby adopted and made a part of this Planning and Zoning Code, thereby having the same force and effect as if fully described herein in writing.
(Ord. 2012-14. Passed 3-20-12.)
The Mixed Use District shall have the following main uses, accessory uses, and prohibited uses:
(a) Main Uses Permitted.
(1) Single family dwellings, multi-family dwellings with not more than three units per building, senior housing, and municipal. The Planning Commission shall have the authority to waive the maximum three unit standard set forth herein if it determines, after public hearing, that due to unique circumstances, the maximum three unit multi-family dwelling cannot be practically achieved, and that the allowance of more than three units per multi-family dwelling will not have a material adverse impact on adjacent property or on the City as a whole.
(2) Retail establishments.
A. Offices. Professional, administrative, medical, public, semi-public and civil offices, and other civil establishments.
B. Professional Business and Service Establishments. Professional, craftsman, artisan business uses and personal services when recommended by the Planning Commission and approved by City Council.
C. Dining Facilities. Full service/dine in restaurants, ice cream parlors, pizza or other specialty food establishments, as determined by the Planning Commission.
(3) Parks. Public and private parks, playgrounds, playfields, golf courses, tennis courts, swimming pools, commercial recreation, recreation center buildings, or other similar recreational uses.
(4) Bed and breakfast facilities.
(b) Accessory Uses Permitted.
(1) Parking areas for the use of guests of the occupants of the dwelling units and customers of establishments permitted in subsection (a) herein.
(2) Building service facilities:
A. Facilities for the disposal of garbage and rubbish complying with the provisions of the Building Code.
B. Facilities shall be provided accessory to any retail establishment and service vehicles within an enclosed service area separate from the pedestrian circulation in the development area and separated from garage areas.
(c) Prohibited Uses.
(1) Gated communities.
(2) Apartment dwellings, defined as buildings consisting of more than three (3) units per building.
(3) Commercial and Industrial establishments and/or buildings.
(4) Retail establishment which is not conducive to those uses permitted in Section 1141.03(a).
(5) Sale of used or pre-owned motor vehicles or other vehicles, automobile refueling or repair stations, car washes, rental of motor vehicles, and the storage or sale of trailers.
(6) Alarm dealers or installers.
(7) Ambulance services.
(8) Retail furniture or appliance and/or furniture or appliance repair services.
(9) Thrift stores, pawn shops/brokers, flea markets or other similar services.
(10) General contractor, subcontractor or other similar businesses, and any business which utilizes outside storage.
(11) Equipment rental, hall rental or other rental establishments.
(12) Internet cafes and other gaming establishments.
(13) Tattoo parlors.
(14) Convenience stores or drive through establishments of any type.
(15) Abortion clinics or birth centers.
(16) Bars/taverns and liquor sales establishments which do not comply with the description included in Section 1141.03(a)(3).
(17) Schools of any type, day care or day camp facilities.
(18) Gun stores or shooting ranges.
(19) Veterinary services, kennels or other similar facilities.
(20) Motels, hotels, or mobile home parks.
(21) Physical or mental rehabilitation facilities.
(22) Tobacco, cash checking or cash advance services.
(23) Billiard and pool rooms, bowling alleys.
(24) Funeral/mortuary homes.
(25) Satellite sales services.
(26) Commercial/Industrial uses.
(27) Adult oriented material businesses.
(28) Lumberyards and building supply businesses.
(29) Dry cleaning and similar establishments.
(30) Any other use not specifically allowed by Section 1141.03(a).
(Ord. 2012-14. Passed 3-20-12.)
(a) The minimum area for development in the Mixed Use District shall be five contiguous acres.
(b) The Planning Commission shall have the authority to waive the standard set forth in Section 1141.04(a) if it determines, after public hearing, that due to unique circumstances, the minimum area cannot be practically achieved, and the development of the property at less than the minimum area will not have a material adverse impact on adjacent property or on the City as a whole. Unique circumstances shall be defined as follows:
(1) The development plan is adjacent to, and thus becomes, an extension of an existing or separately proposed development; or
(2) Due to existing uses, natural features or ownership patterns there is little likelihood that contiguous land area can be acquired and consolidated to achieve the requisite five contiguous acres.
(Ord. 2012-14. Passed 3-20-12.)
(a) Any person or entity owning an area meeting the requirements of Section 1141.04 who desires to construct a development in the Mixed Use District shall make application to the City of Willowick Building Department. The Building Department shall forthwith forward the request for development to the Planning Commission for the approval of the concept for the development.
(b) The developer shall submit a preliminary plan of development within thirty days of referral by the Building Department to the Planning Commission. The developer shall submit the following to the Planning Commission prior to appearing at a Planning Commission meeting:
(1) The proposed location and design of public and private streets, including the location of existing utilities to be maintained or changed and the utilities to be installed;
(2) The proposed location of all structures, setbacks and parking areas, identified by type, size, height and use;
(3) The proposed assignment and use of private land and public land;
(4) The proposed means to prevent lakefront erosion to the development;
(5) The proposed landscape treatment including the proposed grading plan;
(6) The proposed plan for traffic circulation with the estimate of traffic volume to be generated by the development, including the location and character of proposed entrances and exits from the development area;
(7) The proposed forms of covenants running with the land, deed restrictions including those with respect to the use of common land, covenants, restrictions or easements proposed to be recorded and covenants proposed for maintenance;
(8) Cost estimates for the completion of the development including all public and private improvements in the development area; and
(9) Any request for adjustments to the regulations, standards or criteria set forth in Chapter 1141 and other applicable regulations set forth in the Building and Zoning Codes.
(Ord. 2012-14. Passed 3-20-12; Ord. 2014-2. Passed 1-7-14.)
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