§ 27-546.03. Uses.

(a)

The uses allowed in the M-X-C Zone are as provided for in the Table of Uses (Division 3 of this Part).

(b)

Each Preliminary Development Plan in the M-X-C Zone shall comply with the following minimum and maximum requirements for use areas:

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential:  In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas:  In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

 

(c)

Single-Family Areas.

(1)

Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. No dwelling units other than one-family detached shall be allowed in this area.

(d)

Other Residential Areas.

(1)

Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. One-family detached dwelling units are permitted in this area.

(e)

Nonresidential Areas.

(1)

In the Nonresidential Areas, limited Other Residential uses are permitted in conjunction with buildings containing nonresidential uses.

(2)

The maximum floor area ratio for all commercial uses shall be four-tenths (0.4).

(f)

Community Use Areas.

(1)

A minimum amount of the Community Use Area shall be outside the one hundred (100) year floodplain and wetlands. For the maximum density permitted in the M-X-C Zone, the minimum amount of area outside the one hundred (100) year floodplain and wetlands shall be twenty-five percent (25%) of the Community Use Area. For any density proposed in the Preliminary Development Plan which is lower than the maximum density permitted in the Zone, the minimum amount shall be proportionately lower at the rate of three percent (3%) for each one-tenth (0.1) in density, but in no case shall the area outside the one hundred (100) year floodplain and wetlands be less than ten percent (10%).

(2)

Buildings and parking lots shall not exceed fifteen percent (15%) of the Community Use Area.

(3)

The Community Use Areas shall, to the extent possible, include all sensitive natural features, including streams and stream buffers, slopes over twenty-five percent (25%), slopes over fifteen percent (15%) on highly erodible soils, one hundred (100) year floodplain, wetlands, and wetland buffers, and woodland conservation areas. Where it is feasible within the overall development scheme, these natural areas may be incorporated into other development areas, as long as they are, to the extent possible, located outside the limits of disturbance.

(4)

All lands approved as Community Use Areas on the Final Development Plan shall be conclusively presumed to satisfy the requirements of this Section.

(g)

For the purposes of calculating land use areas, land within public rights-of-way shall be attributed to the adjoining use. If the right-of-way is between two different use areas, a proportionate percentage of the right-of-way shall be attributed to each use. If the road adjoins a Community Use Area, no part of the right-of-way shall be attributed to the Community Use Area. Attribution of land which adjoins the Community Use Area shall be divided proportionately between the closest adjacent uses.

(h)

Uses located within a land use area which are not the primary uses for which the area is intended and which are not compatible with adjoining uses shall be made compatible through development standards such as height restrictions, buffers, and building setbacks. These development standards shall be established through the Comprehensive Sketch Plan and the Final Development Plan. A determination of the compatibility of uses shall be based on an evaluation of such elements as noise, outdoor loading spaces, exterior storage, dust, fumes, vibration, litter, and bright lighting during the evening or at night.

(CB-63-1992; CB-56-1996)