[Ord. No. 2022-02, 7/11/2022]
The purpose of the VMU - Village Mixed Use District is to recognize and provide for the continuation of the historical land use and building patterns in the villages of Martins Creek and Riverton, which exhibit traditional village development character with a variety of dwelling unit types and small-scale commercial and office uses.
[Ord. No. 2022-02, 7/11/2022]
1. 
Uses Permitted by Right. A single principal building, together with customary accessory structures, may be erected, altered, or used, and a lot may be used or occupied, for any of the following principal uses by right, together with permitted accessory uses, in accordance with the terms of the Ordinance:
A. 
Any use permitted by right in the MD District.
B. 
Any of the following uses, or combination of uses, where limited to 3,000 square feet collectively on all floors, except where structure(s) existing as of the date of adoption of this chapter exceed 3,000 square feet in which case the entirety of the existing structure(s) may be utilized for the following uses:
(1) 
Retail use.
(2) 
Business or professional offices, medical and dental clinics.
(3) 
Bank or other financial institution.
(4) 
Barber shop, beauty shop, self-service laundry or dry-cleaning establishment or pickup agency, tailor or dressmaking shop, or other personal service store or shop.
(5) 
General servicing or repair shop, such as watch, clock, radio, television or other home appliance repair.
C. 
Restaurant, cafe, tavern or other place serving food and beverage, excluding fast-food restaurant and drive-through service.
D. 
Membership club, excluding club for gunning, trap shooting, trapping or other similar purpose subject to the standards of § 27-1522.
E. 
Outdoor recreation use, limited to park, playground, picnic area and subject to the standards of § 27-1524.
F. 
Bed-and-breakfast subject to the standards of § 27-1508.
G. 
Indoor or outdoor farmers market or flea market subject to the standards of § 27-1519.
2. 
Uses Permitted by Approval of Special Exception. A single principal building, together with customary accessory structures, may be erected, altered, or used, and a lot may be used or occupied, for any of the following principal uses, together with permitted accessory uses, where approved by the Zoning Hearing Board as a special exception pursuant to Part 18:
A. 
Any use permitted by approval of a special exception in the MD District.
B. 
Museum.
C. 
Bus passenger station.
D. 
Public swimming pool except municipal uses.
3. 
Uses Permitted as Conditional Use. A single principal building, together with customary accessory structures, may be erected, altered, or used, and a lot may be used or occupied, for any of the following principal uses, together with permitted accessory uses, where approved by the Board of Supervisors as a conditional use pursuant to § 27-1705:
A. 
Any use or combination of uses permitted pursuant to Subsection 1.B. above where larger than 3,000 square feet or the use is proposed to exceed the size of the structure on the lot which existed as of the date of the adoption of this chapter, such as a proposed expansion of the structure, even if the expanded use will not exceed 3,000 square feet.
B. 
Any use permitted by approval of a conditional use in the MD District.
C. 
Automobile service/gas station pursuant to § 27-1506 and limited in this VMU district to six fuel pumps.
D. 
Automobile and machine repair shops or garage subject to the standards of § 27-1507.
E. 
Car wash subject to the standards of § 27-1510.
F. 
Nursing home, convalescent home, or assisted-living residence or other similar use subject to the standards of § 27-1523.
G. 
Membership club, excluding club for gunning, trap shooting, trapping or other similar purpose subject to the standards of § 27-1522.
H. 
Live-work units.
I. 
Single-stage or screen theater.
J. 
Church or other place of worship subject to the standards of § 27-1512.
K. 
Community center building, public library, fire or police station, except for municipal use.
4. 
Accessory Uses. The following accessory uses shall be permitted, where in compliance with all applicable provisions of Part 15 and provided that they shall be incidental to any of the uses permitted by right, special exception or conditional use in this VMU - Village Mixed Use District:
A. 
Private garage or private parking area.
B. 
No-impact home-based business.
C. 
Home occupation subject to the standards of § 27-1518 where permitted as a special exception.
D. 
Yard or garage sale, subject to the standards of § 27-1519 where applicable pursuant to the definition in Part 2.
E. 
Accessory dwelling unit where permitted as a conditional use subject to the standards of § 27-1503 and § 27-1705.
F. 
Signs, pursuant to § 27-1413.
G. 
Customary private noncommercial swimming pool.
H. 
Alternative or renewable energy systems accessory to a permitted use and not for commercial energy production subject to the provisions set forth in Part 12.
I. 
Keeping of animals subject to the standards of § 27-1415.
J. 
Other customary accessory structures and uses.
[Ord. No. 2022-02, 7/11/2022]
1. 
Where sewage disposal is supplied by an individual on-site system, regardless of water supply:
A. 
Minimum lot area: one acre.
B. 
Minimum lot width at street line: 50 feet.
C. 
Minimum lot width at front yard setback, except for flag lots where permitted pursuant to the Subdivision and Land Development Ordinance,[1] in which case the front yard setback shall be measured from the end of the flag: 120 feet.
[1]
Editor's Note: See Ch. 22 of this Code.
D. 
Minimum front yard setback from ultimate right-of-way for all structures, except in the case of permitted flag lots where the setback shall be measured from the end of the flag: 25 feet.
E. 
Minimum side yard, all detached principal structures (each side): 20 feet. For attached structures, no side yard is required where there is a common property line at the attached portion of the buildings. The minimum side yard is required between any non-attached side of any structure and any adjacent, non-common, side lot line.
F. 
Minimum side yard, accessory structures (each side) 20 feet except, where the height of the accessory structure is less than 20 feet, the minimum side yard may be reduced to a distance not less than equal to the height of the accessory structure. No side yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
G. 
Minimum rear yard, principal structures: 50 feet.
H. 
Minimum rear yard, accessory structures: not less than equal to the height of the accessory structure. No rear yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
I. 
Maximum percentage of impervious surface: 40%.
J. 
Maximum building height, principal structures: 35 feet, except as provided in § 27-1403.
K. 
Maximum building height, accessory structures: 25 feet.
2. 
Where sewage disposal is centralized and water is supplied by an individual on-site system:
A. 
Minimum lot area:
(1) 
Single-family detached dwelling: 15,000 square feet;
(2) 
Two-family dwelling, per dwelling: 9,500 square feet;
(3) 
Single-family attached dwellings where permitted, per attached row: 20,000 square feet;
(4) 
Multifamily dwellings where permitted (per building): 20,000 square feet;
(5) 
All other uses: 20,000 square feet.
B. 
Minimum lot width at street line, all uses: 50 feet.
C. 
Minimum lot width at front yard setback, except for flag lots where permitted pursuant to the Subdivision and Land Development Ordinance,[2] in which case the front yard setback shall be measured from the end of the flag:
(1) 
Single-family detached dwelling: 100 feet;
(2) 
Two-family dwelling, per dwelling: 60 feet;
(3) 
All other uses, per building or attached row: 100 feet.
[2]
Editor's Note: See Ch. 22 of this Code.
D. 
Minimum front yard setback from ultimate right-of-way for all structures, except in the case of permitted flag lots where the setback shall be measured from the end of the flag: 25 feet.
E. 
Minimum side yard, all detached principal structures (each side): 10 feet. For attached structures, no side yard is required where there is a common property line at the attached portion of the buildings. The minimum side yard is required between any non-attached side of any structure and any adjacent, non-common, side lot line.
F. 
Minimum side yard, accessory structures (each side): 10 feet except, where the height of the accessory structure is less than 10 feet, the minimum side yard may be reduced to a distance not less than equal to the height of the accessory structure. No side yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
G. 
Minimum rear yard, principal structures: 40 feet.
H. 
Minimum rear yard, accessory structures: not less than equal to the height of the accessory structure. No rear yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
I. 
Maximum percentage of impervious surface, all uses: 50%.
J. 
Maximum building height, principal structures: 35 feet, except as provided in § 27-1403.
K. 
Maximum building height, accessory structures: 25 feet.
3. 
Where sewage disposal and water are both supplied by centralized systems:
A. 
Minimum lot area:
(1) 
Single-family detached dwelling: 7,500 square feet;
(2) 
Two-family dwelling, per dwelling: 6,000 square feet;
(3) 
Single-family attached dwellings (per attached row): 12,000 square feet;
(4) 
Multifamily dwellings (per building): 12,000 square feet;
(5) 
All other uses: 10,000 square feet.
B. 
Minimum lot width at street line, all uses: 50 feet.
C. 
Minimum lot width at front yard setback, except for flag lots where permitted pursuant to the Subdivision and Land Development Ordinance,[3] in which case the front yard setback shall be measured from the end of the flag:
(1) 
Single-family detached dwelling: 60 feet;
(2) 
Two-family dwelling, per dwelling: 45 feet;
(3) 
All other uses, per building or attached row: 80 feet.
[3]
Editor's Note: See Ch. 22 of this Code.
D. 
Minimum front yard setback from ultimate right-of-way for all structures, except in the case of permitted flag lots where the setback shall be measured from the end of the flag: 25 feet.
E. 
Minimum side yard, all detached principal structures (each side): 10 feet. For attached structures, no side yard is required where there is a common property line at the attached portion of the buildings. The minimum side yard is required between any non-attached side of any structure and any adjacent, non-common, side lot line.
F. 
Minimum side yard, accessory structures (each side): 10 feet except, where the height of the accessory structure is less than 10 feet, the minimum side yard may be reduced to a distance not less than equal to the height of the accessory structure. No side yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
G. 
Minimum rear yard, principal structures: 30 feet.
H. 
Minimum rear yard, accessory structures: not less than equal to the height of the accessory structure. No rear yard shall be reduced to less than five feet nor shall any accessory structure be placed in any perimeter drainage or utility easement.
I. 
Maximum percentage of impervious surface, all uses: 65%.
J. 
Maximum building height, principal structures: 35 feet, except as provided in § 27-1403.
K. 
Maximum building height, accessory structures: 25 feet.
4. 
Exceptions to Area and Bulk Regulations:
A. 
Where a new principal building or an expansion of an existing principal building is proposed, the minimum front yard setback from street right-of-way and maximum building height requirements may be modified when there are existing principal buildings on both sides of the proposed building on the same lot or on immediately adjacent lots on both sides of the lot and such existing buildings are located no more than 50 feet distant from the proposed principal building or expansion of an existing principal building. By way of example, only principal buildings on the immediately adjacent lots are to be considered even if principal buildings on other lots that are not immediately adjacent to the lot upon which the improvement is proposed are within 50 feet of the proposed principal building or expansion of an existing principal building.
B. 
Upon satisfaction of the conditions of Subsection 4.1., the required setback for the proposed principal building or expansion of an existing principal building may be reduced to the average of the setbacks of the existing principal buildings satisfying the aforesaid conditions.
C. 
Upon satisfaction of the conditions of Subsection 4.1., the height of the proposed principal building or expansion of an existing principal building may be greater than 35 feet, up to the height of the taller of the of the existing principal buildings satisfying the aforesaid conditions, except where such existing building(s) is a barn, silo, or similar agricultural structure. Notwithstanding the foregoing, the maximum height of a proposed principal building or expansion of an existing principal building in this District shall be 45 feet.
[Ord. No. 2022-02, 7/11/2022]
All uses shall comply with all other applicable standards in this chapter and all other applicable ordinances or regulations.