[Added 12-20-2004 by Ord. No. 10-04]
The purpose of this district is to:
A. 
Create mixed use, compact, walkable places that transform residential, commercial, recreational, and other compatible uses into a traditional neighborhood.
B. 
Create streetscapes with buildings close to sidewalks and parking to the rear accessed by alleys and service lanes.
C. 
Integrate housing types, parks, shops and stores into a seamless, interconnected place with through streets.
D. 
Provide for needed transportation and traffic improvements to minimize the impact of the new village on surrounding roads.
E. 
Create a network of open space and recreational opportunities for pedestrians and bicyclists.
The Mixed-Use Village Overlay District shall apply to those areas shown on the Smart Growth Zoning Districts and Overlay District map in Article XXV.
A. 
Minimum tract size: 75 Acres for traditional neighborhood development; eight acres for neighborhood commercial village.
B. 
Road frontage or access: arterial street.
C. 
Utilities: public water and public sewer.[1]
[1]
Editor’s Note: Former Subsection D, which pertained to the Design Guidelines of Exhibit XXXI-A and which immediately followed this subsection, was repealed 7-16-2012 by Ord. No. 03-12.
[Amended 7-16-2012 by Ord. No. 03-12]
A. 
Permitted-by-right uses.
(1) 
All uses permitted in the underlying zoning districts.
(2) 
All uses permitted in §§ 275-64B and 275-65A, and the following additional uses: drive-through commercial uses for financial institutions, fast food restaurant with or without a drive-through, restaurant, tavern, coffee shops, convenience store, auto service station, and supermarket (including a drive-through for a pharmacy component of the supermarket) greater than 8,000 square feet of total floor area.
(3) 
A traditional neighborhood development ("TND") shall have at least 10%, but no more than 50%, of the gross tract area in commercial use. The TND shall be a mixed-use development with residential, commercial, and recreational types of uses.
B. 
Accessory uses.
(1) 
Parking, in accordance with Article XVII, and § 275-258G(3).
(2) 
Signs, in accordance with Article XVIII.
(3) 
Other uses customarily incidental to the permitted-by-right uses in § 275-255A.
C. 
Conditional uses (subject to the provisions of §§ 275-2 and 275-259, and §§ 275-198 and 275-199 where applicable).
(1) 
Any permitted-by-right use in a building of 70,000 square feet or greater on the ground floor, subject to § 275-259A.
(2) 
Principal buildings less than 20 feet in height, subject to § 275-259B.
[Amended 7-16-2012 by Ord. No. 03-12]
A. 
Minimum tract area: 75 acres for traditional neighborhood development; eight acres for neighborhood commercial village.
B. 
Minimum lot area: 3,000 square feet for each nonresidential lot; 1,800 square feet for each residential lot.
C. 
Maximum building coverage: 35% for the tract.
D. 
Maximum impervious surface coverage: 70% for the tract.
E. 
Maximum building footprint: No individual building shall exceed 70,000 square feet, unless in compliance with § 275-259.
F. 
Maximum building height: four stories or 60 feet, whichever is less, except as indicated below.
(1) 
Within 300 feet of a residential district boundary, not including a residential district boundary separated by an existing or officially proposed expressway: 35 feet.
G. 
Minimum principal building height: 20 feet, subject to the provisions of § 275-259.
H. 
Minimum perimeter setback: 50 feet for all buildings, except that buildings fronting on an existing or proposed street may be from five feet to 50 feet from an ultimate street right-of-way line. The perimeter of a lot shall be measured from the ultimate street right-of-way for all existing and proposed streets.
I. 
Minimum yard areas.
(1) 
Commercial and residential buildings shall have a front yard setback of 15 feet measured from the back of the sidewalk.
(2) 
Residential porches shall have a front yard setback of 10 feet measured from the back of the sidewalk.
(3) 
Residential garages shall have a front yard setback of 18 feet measured from the back of the sidewalk.
J. 
Maximum residential gross density: 15 dwelling units per gross acre for that portion of the TND development to be used for residential use. The portion of the tract to be used for residential use shall be identified on the land development plan so this density calculation can be made.
K. 
Common open space within residential development areas: 10% minimum of gross tract area development for residential use.
[Amended 7-16-2012 by Ord. No. 03-12]
A. 
The Mixed-Use Village Overlay District shall be consistent with the smart growth principles and key design elements adopted as part of the Comprehensive Plan Update 2004, and included in Article XXV.
B. 
The Mixed-Use Village Overlay District shall be built and maintained in accordance with Article XXXII, Streetscape Enhancement Overlay District.
C. 
Building plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed building program. Said plan shall indicate the proposed principal and accessory uses, the gross square footages of all uses, and the building heights. The building plan shall also indicate the total tract building coverage, existing and proposed, and the total tract impervious surface coverage, existing and proposed.
(2) 
The plan shall depict all proposed building development in accordance with Article XXXII, Streetscape Enhancement Overlay District.
(3) 
No commercial and/or garden apartment or mid-rise apartment building lot may be located adjacent to an existing residential lot on a property abutting the district.
D. 
Street, alley, and streetscape plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed interconnected street and alley network. Such plan shall indicate all widths of vehicular accessways.
(2) 
The plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Alleys shall be encouraged but are not required throughout the Mixed-Use District. Where alleys are not utilized in a particular development the provisions of §§ 275-261F(1) and 275-262C, regarding rear access to alleys and/or service roads, and any other provisions of this ordinance applicable to alleys, shall not apply.
(4) 
An alley shall be a minimum paved width of 12 feet for one-way alleys, and 16 feet for two-way alleys.
E. 
Pedestrian access plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed interconnected network for pedestrian access including sidewalks and other pathways.
(2) 
The pedestrian access plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Sidewalks shall be provided on both sides of all streets.
F. 
Landscape and buffering plan.
(1) 
A separate plan sheet shall be submitted to depict all proposed landscaping and buffering.
(2) 
The lan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Street trees shall be planted on both sides of all streets.
(4) 
The provisions of § 275-171D shall apply.
G. 
Parking plan.
(1) 
A separate plan sheet shall be submitted to depict proposed surface and deck parking. Such plan shall list the number of parking spaces proposed in relation to the proposed use(s).
(2) 
The plan shall be consistent with the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
To the maximum extent practicable, parking is encouraged, but not required, to be located to the side or rear of buildings, except for parallel or angled on-street parking, and except for approved common off-street parking areas. If such parking is located between a building and a street, it shall be screened in accordance with the Streetscape Enhancement Overlay District design guidelines of Article XXXII.
(4) 
Parking shall comply with Article XVII, with the exception that a maximum of 25 consecutive and contiguous parking spaces in a row shall be permitted without being separated by a landscaped area. The following parking space requirements shall replace the requirements of Article XVII within the Mixed-Use Village Overlay District:
(a) 
Single-family detached dwellings: two off-street spaces per dwelling unit.
(b) 
Townhomes and carriage homes: two off-street spaces per dwelling unit.
(c) 
Apartments: 1.5 spaces per dwelling unit.
(d) 
Commercial uses within the Village Retail Area: four units/1,000 square feet of retail space.
H. 
Neighborhood commercial village.
(1) 
A neighborhood commercial village shall be on a tract eight acres or greater, and shall comply with all provisions of this article and all cross-referenced articles.
(2) 
A neighborhood commercial village shall be built and maintained as a traditional neighborhood-type development and shall be consistent with the key design elements of Exhibit A in Article XXV. As such, such village shall be compact, walkable, mixed commercial use, and shall have the streetscape qualities set forth in Article XXXII.
(3) 
It is encouraged, but not required, that buildings be built and maintained to form a street wall or street edge in accordance with Article XXXII.
(4) 
To the maximum extent practicable, parking is encouraged, but not required, to be located to the rear or side of buildings, except for on-street parallel or angled parking, and except for approved common off-street parking areas. If such parking is located between a building and a street, it shall be screened in accordance with the Streetscape Enhancement Overlay District design guidelines of Article XXXII.
(5) 
A minimum perimeter landscape buffer of 30 feet shall be installed and maintained along the side and rear perimeter property lines, except for streets, roads, driveways, and approved accessory structures such as sidewalks, trails, fences, walls, piers, signs, retaining walls, and common parking areas.
(6) 
A minimum landscape area of 15% of the lot shall be installed and maintained.
(7) 
The maximum building coverage shall be 55%, and the maximum impervious surface coverage shall be 85%.
(8) 
All lawful commercial uses shall be permitted per § 275-255, except for adult bookstore, adult movie theater, and adult use. All lawful commercial uses and buildings shall comply with all conditional use standards and criteria in this article.
I. 
Design guidelines.
(1) 
The maximum building length shall be 350 feet;
(2) 
The length of the facade of any new building which exceeds 24 feet in length shall have vertical design elements such as pilasters, columns, piers, or recesses or projections of one to four feet, so that no new vertical bay or section of a building facade exceeds 24 continuous feet in length;
(3) 
Building windows and openings shall constitute no less than 30% of all frontage walls on the ground floor/first floor;
(4) 
No building shall have opaque windows on the ground floor/first floor of the primary facade;
(5) 
No residential building shall have a flat roof. If a nonresidential building has a flat roof, it shall have a parapet wall screening all mechanical equipment;
(6) 
No single building shall exceed 80,000 square feet on the ground floor.
J. 
Utilities.
(1) 
All utilities shall be placed underground, including but not limited to electrical, cable TV, and telephone service.
A. 
Buildings of 70,000 square feet or greater on the ground floor:
[Amended 7-16-2012 by Ord. No. 03-12]
(1) 
The maximum building length shall be 350 feet;
(2) 
The length of the facade of any new building which exceeds 24 feet in length shall have vertical design elements such as pilasters, columns, piers, or recesses or projections of one to four feet, so that no new vertical bay or section of a building facade exceeds 24 continuous feet in length.
(3) 
Building windows and openings shall constitute no less than 30% of all frontage walls on the ground floor/first floor;
(4) 
No building shall have opaque windows on the ground floor/first floor of the primary facade;
(5) 
No residential building shall have a flat roof. If a nonresidential building has a flat roof, it shall have a parapet wall screening all mechanical equipment;
(6) 
No single building shall exceed 80,000 square feet on the ground floor;
B. 
Principal buildings less than 20 feet in height.
(1) 
Accessory buildings may be less than 20 feet in height.
(2) 
Up to 30% of the total nonresidential building square footage of a lot within the Mixed-Use Village Overlay District may be in buildings of 20 feet in height.
(3) 
No principal story building shall have a flat roof. If a building has a flat roof, it shall have a parapet wall screening all mechanical equipment, unless it has a parapet wall screening all mechanical equipment from public view along streets, sidewalks, and public alley-accessible parking areas.
C. 
Residential and commercial uses in the Mixed-Use Village Overlay District.
(1) 
Any residential use above first-floor/ground-floor retail shall have a separate means of ingress and egress, except for live-work units where the property owner or tenant occupies the entire building.[1]
[1]
Editor's Note: Former § 275-259.A, Modifications, added 7-16-2012 by Ord. No. 03-12, which immediately followed, was repealed 11-18-2024 by Ord. No. 05-24.