[Added 11-18-2004 by L.L. No. 13-2004]
A. 
Purpose. The purpose of the Mixed Use Commercial (MUC) Zoning District is to create a traditional mixed-use area that can serve as a gathering place, scaled to the pedestrian.
B. 
Goals. The goals of this article are:
(1) 
To create an aesthetically pleasing public realm of streets and sidewalks framed by building facades, decorative and enlarged sidewalks, architectural street lighting and signage, enhanced by trees, plazas, parks, natural and recreational areas, and other public amenities.
(2) 
To make available sites for civic uses and small-scale public events.
(3) 
To make the zoning district an area that is appealing to pedestrians and bicyclists and built on a scale that is conducive to pedestrian activity.
(4) 
To create a distinctive identity and sense of place.
As used in this chapter, the following terms shall have the meanings indicated:
DESIGN GUIDELINES
The Mixed Use Commercial (MUC) Zoning District design guidelines for each specific district shall serve as a guide to the interpretation of this article and in assisting in the preparation and review of detailed plans for development in the Zoning District. Conformance to the design guidelines will be subject to review by the Planning Board.
REGULATORY PLAN
A plan map labeled "Irondequoit Town Center Regulatory Plan" that illustrates the concept of this Mixed Use Commercial (MUC) Zoning District and depicts street and parking layouts and building setback dimensions.
The following uses shall be permitted in the Mixed Use Commercial (MUC) Zoning District:
A. 
Retail and personal service establishments.
B. 
Banks, offices and agencies.
C. 
Restaurants and food service establishments.
D. 
Churches.
E. 
Libraries.
F. 
Apartments, multifamily residential and senior living facilities.
The following uses shall be specifically prohibited in the Mixed Use Commercial (MUC) Zoning District:
A. 
Any use in which goods or services are exclusively dispensed through a drive-up window or automated dispensing device.
B. 
One- or two-family detached dwelling units.
C. 
Adult entertainment establishments.
D. 
Any use involving a building with the gross floor area (GFA) exceeding 8,000 square feet, or up to 15,000 square feet with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)[1]
[1]
Editor's Note: § 235-30.9 and § 235-30.10, respectively.
E. 
Any use which does not comply with § 235-39, Limitations on uses, which addresses hazardous materials and pollutants.
F. 
Any use involving the continuous use or outdoor storage of construction equipment.
G. 
Funeral homes.
H. 
Mini storage facilities, contractor storage yards and landscaping and nursery uses.
I. 
Commercial outdoor swimming pools.
J. 
Laboratories.
K. 
Animal hospitals, dog kennels and stables.
L. 
Car washes.
M. 
Automobile, boat, recreational vehicle and motorcycle sales, service, repair, storage and impounding facilities.
N. 
Motels.
A. 
The following uses are permitted subject to the issuance of a special use permit by the Town Board pursuant to the special use permit requirements set forth in §§ 235-28 and 235-30.5B below and upon a determination that such use would be consistent with the purpose and goals of the Mixed Use Commercial (MUC) Zoning District:
(1) 
Gasoline filling stations (used for the sale and direct delivery of gasoline and/or other motor vehicle fuel and/or lubricating substances).
(2) 
Telecommunications towers shall be concealed within the primary building structure and shall be designed to conceal the presence of said communications towers.
(3) 
Drive-up windows.
B. 
Requirements.
(1) 
Gasoline pumps, canopies and drive-up windows shall not face the principal street.
(2) 
All principal buildings, not accessory structures, are to meet the required front setbacks as specified in this chapter.
The following dimensional standards shall apply in the Mixed Used Commercial (MUC) Zoning District:
A. 
Minimum lot area: none.
B. 
Minimum lot width: 24 feet.
C. 
Maximum front setback: to be determined by the Planning Board but not to exceed the average setback of the adjoining structures.
D. 
Rear setback: zero feet, or 10 feet when the lot abuts any residentially zoned district.
E. 
Side setback: zero feet, or 10 feet when the lot abuts any residentially zoned district.
F. 
Maximum building area: 8,000 square feet of gross floor area (GFA) without bonuses, up to a maximum of 15,000 square feet with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)
G. 
Maximum building height: 35 feet.
H. 
Minimum frontage build-out: 70%. (Defined as the percentage of the lot frontage occupied by a building's front facade.)
I. 
Maximum impervious surface coverage per lot: 75% without bonuses, 95% with bonuses. (See Civic space and public improvement incentives and preexisting nonconforming structures and uses below.)
A. 
Residential uses, multiple dwellings or apartments: A minimum of one-and-one-half spaces per dwelling unit. These requirements may be reduced for dwelling units with less than 1,000 square feet of gross floor area (GFA), senior citizen housing, mixed-use developments, or under other appropriate circumstances, if the Planning Board determines that such reductions are warranted and would help to advance the district's purpose and goals.
B. 
Nonresidential uses: The minimum off-street parking requirement for all permitted nonresidential uses shall be three spaced per 1,000 square feet of gross floor area (GFA) but no less than two per thousand square feet of gross floor area (GFA) with bonuses.
C. 
Common or public parking: Parking for uses in the Mixed Use Commercial (MUC) Zoning District shall, to the extent feasible, be provided in parking lots open to the public or in common with other property owners, rather than on individual lots restricted to customers or clients of each use.
(1) 
Where such parking is made available to the public or in common with other property owners, the minimum parking requirement may be reduced by 33 1/3% by the Planning Board when consistent with the district's purpose and goals. (See Civic space and public improvement incentives below.[1])
[1]
Editor's Note: § 235-30.9.
(2) 
The term "in common with other property owners" as used here is defined as being subject to entering into mutual, recordable cross-parking casement and its review and acceptance by the Town.
D. 
Fee in lieu of providing required parking spaces.
(1) 
Where the required parking spaces cannot be made available on the site and/or in public or private shared parking lots, in a manner that satisfies the requirements of this section, the applicant shall pay a fee in lieu of some or all of the parking deficiency.
(2) 
The Town Board shall establish an amount sufficient to cover the estimated cost of providing and maintaining additional public parking spaces in the Mixed Use Commercial (MUC) Zoning District. Such fee shall be kept in a dedicated fund for municipal parking purposes in the Mixed Use Commercial (MUC) Zoning District and shall be used only for such purposes.
E. 
Location of parking. Parking requirements may be satisfied by the use of shared parking by different uses on the same site, off-site public or private parking, and payment of a fee in lieu of providing parking, or a combination of these options.
F. 
Cross access. Vehicular cross-access between lots may be required by the Planning Board when feasible. The exact location and the extent of cross-access between lots shall be subject to review and approval by the Planning Board.
Based on the extent of the public benefit derived, the following incentives may be provided by the Planning Board to the applicants who satisfy the following requirements:
A. 
Mixed use. Where a building contains both residential and nonresidential uses at least 25% of the gross floor area (GFA) of the building must be devoted to each type of use, however, in no event the cumulative incentives would reduce the minimum off-street parking requirements to less than two spaces per thousand square feet of gross floor area (GFA) and a maximum impervious ratio of 95% of the lot area.
(1) 
One additional story of height, not to exceed the maximum building height, or 35 feet;
(2) 
Up to a 10% increase in the otherwise permitted gross floor area (GFA);
(3) 
Up to a 33 1/3% reduction in the total parking requirement; or
(4) 
Any combination of the above.
B. 
Parking. When land used for parking on a lot is conveyed to the Town for public parking, permanently posted as being available for public use, or a cross-access easement is provided to the Town, the following incentives may be provided:
(1) 
One additional story of height, not to exceed the maximum building height of 35 feet and maximum gross floor area (GFA) of 15,000 square feet;
(2) 
Up to a 33 1/3% reduction in the parking requirement, but not less than two parking spaces per thousand square feet of gross floor area (GFA) or
(3) 
Up to a 10% increase in the otherwise permitted total floor area; or
(4) 
Any combination of the above.
The following additional incentives may be provided to applicants who satisfy the following requirements:
A. 
Civic space. Upon approval of the plan and acceptance by the Town Board, for every 1,000 square feet of land dedicated to public use for pedestrian plazas, squares, greens, works of art, parks, playgrounds, trails, or other such public amenity as shown on the Regulatory Plan, 100 square feet of additional gross floor area (GFA).
B. 
Public improvements. If an applicant agrees to install off-site public improvements approved and accepted by the Town Board, for every $5,000 spent on such public improvements, 100 square feet of additional gross floor area (GFA) shall be permitted.
All development/redevelopment within the Mixed Use Commercial (MUC) Zoning District shall be subject to a preapplication review by the Planning Board to determine the applicable incentives and parking fee and shall include:
A. 
Direct pedestrian connections to the public sidewalks from the front or side building entrance(s).
B. 
Direct pedestrian access to adjacent properties with pedestrian walkways wherever possible.
C. 
Pedestrian walkways from buildings to parking areas, with extension of such walkways through the parking areas to adjacent streets and buildings.
D. 
A direct nexus between the plan submitted and the zoning district design guidelines.