§ 27-546.04. Other regulations.

(a)

No land may be zoned M-X-C unless it consists of at least seven hundred fifty (750) contiguous gross acres. Land which is divided by streets, roads, ways, highways, transmission pipes, lines or conduits, or rights-of-way (in fee or by easement) owned by third parties shall be deemed to be contiguous.

(b)

Residential density determinations in the M-X-C Zone shall be based on the average number of dwelling units per gross acre. The density of the entire zone shall not exceed two (2) dwelling units per gross acre. Within each Preliminary Development Plan the following additional density restrictions shall apply:

(1)

In Single-Family - Low Density use areas, the maximum number of dwellings permitted shall not exceed two (2) dwelling units per gross acreage of all Single-Family - Low Density use areas in the zone.

(2)

In Single-Family - Medium Density use areas, the maximum number of dwellings permitted shall not exceed four (4) dwelling units per gross acreage of all Single-Family - Medium Density use areas in the zone.

(3)

In Other Residential use areas, the maximum number of dwellings permitted shall not exceed fifteen (15) dwelling units per gross acreage of all Other Residential use areas in the zone.

(c)

The use of land within the M-X-C Zone shall be limited to those uses specified in the Final Development Plan.

(d)

Except for accessory uses to one-family dwellings, no structure within an M-X-C Zone shall be:

(1)

Erected except in accordance with the Final Development Plan; or

(2)

Used for any purpose other than the use designated for it on the Final Development Plan.

(e)

The regulations concerning Off-Street Parking and Loading (Part 11), Signs (Part 12), and the Landscape Manual shall apply within the M-X-C Zone. Section 4.7 of the Landscape Manual shall not apply to contiguous uses within the boundaries of the M-X-C Zone, but shall apply along the exterior boundaries of the M-X-C Zone where a use within the M-X-C Zone is contiguous to a use which is outside the zone.

(f)

Development in this zone shall contain one or more neighborhood centers intended to create a distinct focal point(s) for the community:

(1)

The neighborhood center shall be recognizable, compact, and functionally diverse;

(2)

The neighborhood center shall be located in proximity to the highest residential concentration, and in general, residential densities shall decrease in proportion to their distance from the neighborhood center;

(3)

The neighborhood center shall be linked by pedestrian trails and sidewalks to all parts of the area that it serves, and shall include facilities that encourage modes of transportation other than driving, such as bus shelters (if public transportation is available) and bike racks at convenient locations;

(4)

The neighborhood center shall be arranged in a network of interconnecting streets to provide a strong sense of community and to provide drivers and pedestrians with alternate routes. The streets shall connect with other uses in the development through a logical extension of the street network;

(5)

Community uses, such as churches and other places of worship, day care centers, and community recreational uses are an integral part of the neighborhood center concept;

(6)

The neighborhood center is intended to include a variety of retail shops and services to support the day-to-day needs of the residents, complemented by other compatible businesses and civic activities, with a residential component, if desired; and

(7)

The neighborhood center shall be focused on a neighborhood green or park, which shall provide outdoor space for collective social activity, recreation, and visual enjoyment, shall be designed with some recognizable edges or a sense of enclosure, be easily identifiable and accessible to all residents, and will preferably be in proximity to a community building.

(g)

Residential areas shall include a variety of lot sizes and development standards, which shall be coordinated with street widths, views, topography, landscaping, and architecture. Townhouses shall be located on lots at least one thousand eight hundred (1,800) square feet in size, with at least sixty percent (60%) of the total number of building fronts constructed of brick, stone, or stucco. There shall be no more than six (6) townhouses per building group, except where the applicant demonstrates to the satisfaction of the Planning Board or District Council, as applicable, that more than six (6) dwelling units (but not more than eight (8) dwelling units) would create a more attractive living environment or would be more environmentally sensitive. In no event shall the number of building groups containing more than six (6) dwelling units exceed twenty percent (20%) of the total number of building groups in the approved Preliminary Development Plan, and the end units on such building groups shall be a minimum of twenty-four (24) feet in width. The minimum building width in any continuous, attached group shall be twenty (20) feet, and the minimum gross living space shall be one-thousand two hundred and fifty (1,250) square feet for any townhouse in the M-X-C Zone. For the purposes of this Subsection, "gross living space" shall be defined as all interior space except the garage and unfinished basement or attic area.

(h)

An integrated public street system with a variety of street standards shall be incorporated into the zone. The street hierarchy shall be related to the street's function in the zone, the average daily traffic (ADT) levels, lot frontage, and the need for on-street parking. The streets shall be designed to accommodate pedestrian needs as much as for vehicular use. The design of the public street system shall include typical cross sections showing paving widths, medians, parking, greenway and landscaping, sidewalks, and utility easements, and typical entrance or gateway treatments, or reference typical sections in the "General Specifications and Standards for Highway and Street Construction." The street plan will be implemented through each Detailed Site Plan. A proposal for the submission of this plan shall be included in the text for the Preliminary Development Plan.

(i)

A sign program shall be provided to ensure that consistent sign treatment is provided throughout the development in order to further a sense of community identity. Subsequent to approval of the Preliminary Development Plan, a sign program, which shall include drawings, guidelines, or standards for community gateway signs, residential development signs, and commercial and retail center signs, shall be approved by the Planning Board. A proposal for the submission of this plan shall be included in the text for the Preliminary Development Plan. The sign program will be implemented through each Detailed Site Plan.

(j)

The design of the Community Use Areas shall include, in addition to large tracts of natural undisturbed open space, smaller tracts, parks, greens, or plazas more formally designed and intended to provide intensive civic or recreational uses. These areas should be located throughout the development, readily identifiable to invite public use, visible and accessible from public spaces, and may be in proximity to civic, institutional, or recreational buildings.

(CB-63-1992; CB-47-1996; CB-56-1996)