[Amended 2-25-2009 by L.L. No. 4-2014]
A. Intent. The purpose of the Mixed Use District is to encourage a mixed
residential, light commercial and professional office environment.
B. General development standards. All development shall be in accordance with Article
XIV, Site Plan Review and Approval, of this chapter. Developments can be single uses on single parcels or multiple uses on individual or separate parcels. All development shall be on public water and sewer. No single use shall occupy more than 85% of the usable land (see definition for usable land) in the Mixed Use District. Residential uses shall include a mix of single-family homes, two-family homes and multiple-family dwellings. The ratio of each residential use shall be determined by the Planning Board. In determining the percentage requirement, the unit of measurement shall be acres within the district. Examples of a one-hundred-acre Mixed Use District:
(1) One single-family home located on a five-acre parcel would equal
5% of the district used for residential.
(2) Four two-acre lots, each with a commercial use, would equal 8% of
the district for commercial use.
(3) Four two-acre lots, each with a commercial use on the first floor
and residential use on the second floor, would equal 4% for commercial
and 4% for residential.
(4) Ten single-family homes on 10 individual one-acre lots would equal
10%.
C. Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, especially site plan approval in accordance with Article
XIV, landscaping in accordance with Article
IX, overall development in accordance with Article
VII, Regulations Applicable to All Zoning Districts, and, if applicable, subdivision approval in accordance with Chapter
130.
(1) One-story patio homes, with attached garage.
(2) Single-family home, with attached garage.
(3) Two-family home, with attached garage.
(4) Multifamily dwellings, subject to the requirements of Article
VII, §
155-59.
(5) Home child-day-care facility.
(6) Commercial day-care centers.
(7) Attached accessory dwellings.
(12)
Public use, such as a place of worship, park or school.
(13)
Professional office, service, retail, mini storage facilities.
(14)
Social clubs, restaurant, bars.
(15)
Indoor commercial fitness centers.
(16)
Mixed residential and commercial uses.
(17)
Home occupations, per the New York State Building Code.
(18)
Communication centers, call centers.
(19)
Research and development facilities.
(20)
Unless exempted by New York State Agricultural and Markets Law
Article 25AA, only agricultural or farming operations, excluding intensive
agricultural operations in lawful existence as of the date of adoption
of these regulations, shall be allowed to continue and shall be considered
a permitted or conforming use subject to the regulations of the Mixed
Use District.
D. Prohibited uses.
(1) Auto sales or service, including but not limited to car washes, gas
sales.
(3) Adult entertainment uses.
(4) Home occupation in accessory structures.
(5) Outside bulk storage for resale of any items.
(6) Outdoor storage: including but not limited to, garbage receptacles,
building material, licensed or unlicensed campers, ATVs, motor homes,
boats, trailers, etc.
(7) Accessory structures, except on single home parcels larger than 15,000
square feet, including but not limited to sheds, detached garages,
towers, pools.
(8) Mobile (manufactured) home parks.
(9) Outdoor solid-fuel-burning furnaces.
E. Unlisted uses. Any uses not listed in Subsection
C above shall not be allowed.
F. Lot sizes.
(1) Residential.
|
|
Minimum Area
(square feet)
|
Minimum Lot Width at Road
(feet)
|
---|
|
One-story patio homes
|
6,000
|
50
|
|
Single-family
|
10,000
|
65
|
|
Two-family
|
15,000
|
75
|
|
Multifamily
|
20,000
|
150
|
(2) Commercial:
(a)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with §
155-17C.
G. Lot coverage.
(1) Residential.
(a)
Patio, single- and two-family homes: maximum 25%.
(b)
Multifamily: No more than 50% of the lot shall be covered by
buildings and parking areas. Recreation areas shall not be included
in the fifty-percent lot coverage.
(2) Commercial.
(a)
Maximum lot coverage: 30%.
H. Building size.
(1) Commercial.
(a)
Maximum 20,000 square feet. Planning Board shall consider larger
uses with low traffic generation and operational characteristics.
Documentation satisfactory to the Planning Board shall be provided
by the applicant demonstrating that the larger use will not be detrimental
to the district.
I. Setback.
(1) Residential.
|
|
Side
(feet)
|
Front
(feet)
|
Rear
(feet)
|
---|
|
Patio home
|
5
|
30
|
30
|
|
Single-family
|
10
|
30
|
30
|
|
Two family
|
15
|
30
|
40
|
|
Multifamily
|
20
|
50
|
50
|
(2) Commercial..
(a)
Property abutting commercial, industrial or residential uses.
|
Property Abutting Commercial or Industrial District or
Use
(feet)
|
Property Abutting Any Residential District or Use
(feet)
|
---|
|
Front 40
|
40
|
|
Side 20
|
100
|
|
Rear 50
|
100
|
|
All setbacks shall be measured from the property line.
|
(b)
Any use that sells alcohol for on-premises consumption and any
structure having a drive-up service window shall have a minimum of
750 feet separation from any residentially used structure or the setback
line of any vacant residential parcel.
J. Building height. No building or structure shall exceed 30 feet in
height.