§ 130-88. Mixed Use District (MU).

(a)

The following uses are permitted as of right in the mixed use district:

(1)

Detached dwellings;

(2)

Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of less than 2,500 square feet of floor area;

(3)

Institutional residential uses, involving less than ten dwelling units or rooms;

(4)

Commercial apartments involving less than six dwelling units, but tourist housing use, including vacation rental use, of commercial apartments is prohibited;

(5)

Commercial recreational uses limited to:

a.

Bowling alleys;

b.

Tennis and racquet ball courts;

c.

Miniature golf and driving ranges;

d.

Theaters;

e.

Health clubs; and

f.

Swimming pools;

(6)

Commercial fishing;

(7)

Institutional uses;

(8)

Public buildings and uses;

(9)

Home occupations—Special use permit required;

(10)

Parks;

(11)

Accessory uses;

(12)

Vacation rental use of detached dwelling units is permitted if a special vacation rental permit is obtained under the regulations established in section 134-1;

(13)

Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);

(14)

Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);

(15)

Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);

(16)

Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);

(17)

Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);

(18)

Attached and detached dwellings involving less than six units, designated as employee housing as provided for in section 139-1; and

(19)

Wastewater nutrient reduction cluster systems that serve less than ten residences.

(b)

The following uses are permitted as minor conditional uses in the mixed use district, subject to the standards and procedures set forth in chapter 110, article III:

(1)

Attached dwellings, provided that:

a.

The total number of units does not exceed four; and

b.

The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development;

(2)

Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive-in theaters, provided that:

a.

The parcel of land proposed for development does not exceed five acres;

b.

The parcel proposed for development is separated from any established residential use by a class C bufferyard; and

c.

All outside lighting is designed and located so that light does not shine directly on any established residential use;

(3)

Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 by way of:

a.

An existing curb cut;

b.

A signalized intersection; or

c.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

(4)

Commercial retail, office, restaurant uses, or any combination thereof, of high intensity, and of less than 2,500 square feet of floor area, provided that access to U.S. 1 is by way of:

a.

An existing curb cut;

b.

A signalized intersection; or

c.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

(5)

Commercial apartments involving six to 18 dwelling units, provided that:

a.

The hours of operation of the commercial uses are compatible with residential uses;

b.

Access to U.S. 1 is by way of:

1.

An existing curb cut;

2.

A signalized intersection; or

3.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

c.

Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited;

(6)

Institutional residential uses involving ten or more dwelling units or rooms, providing that:

a.

The use is compatible with land use established in the immediate vicinity of the parcel proposed for development;

b.

Access to U.S. 1 is by way of:

1.

An existing curb cut;

2.

A signalized intersection; or

3.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

c.

Tourist housing uses, including vacation rental use, of institutional dwelling units is prohibited;

(7)

Hotels of fewer than 50 rooms, provided that one or more of the following amenities is available to guests:

a.

Swimming pool; or

b.

Docking facilities; or

c.

Tennis courts;

(8)

Campgrounds and recreational vehicle parks, provided that:

a.

The parcel proposed for development has an area of at least five acres;

b.

If the use involves the sale of goods and services, other than the rental of camping sites or recreational vehicle parking spaces, such use does not exceed 1,000 square feet and is designed to serve the needs of the campground; and

c.

The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard;

(9)

Light industrial uses, provided that:

a.

The parcel proposed for development is less than two acres;

b.

The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and

c.

All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height;

(10)

Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f); and

(11)

Attached and detached dwellings involving six to 18 units, designated as employee housing as provided for in section 139-1.

(c)

The following uses are permitted as major conditional uses in the mixed use district subject to the standards and procedures set forth in chapter 110, article III:

(1)

Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of:

a.

An existing curb cut;

b.

A signalized intersection; or

c.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

(2)

Commercial retail, office, restaurant uses, or any combination thereof, of high intensity, and of greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of:

a.

An existing curb cut;

b.

A signalized intersection; or

c.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

(3)

Attached dwelling units, provided that:

a.

The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and

b.

The parcel proposed for development is separated from any established residential use by a class C bufferyard;

(4)

Marinas, provided that:

a.

The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;

b.

The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products;

c.

All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and

d.

Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;

(5)

Hotels providing 50 or more rooms, provided that:

a.

The hotel has restaurant facilities on the premises;

b.

One or more of the following amenities are available to guests:

1.

Swimming pool; or

2.

Docking facilities; or

3.

Tennis courts; and

c.

Access to U.S. 1 is by way of:

1.

An existing curb cut;

2.

A signalized intersection; or

3.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; and

d.

The parcel proposed for development is separated from any established residential use by a class C bufferyard;

(6)

Heliports or seaplane ports, provided that:

a.

The heliport is associated with a governmental service facility, a law enforcement element or a medical services facility;

b.

The heliport or seaplane port is a Federal Aviation Administration certified landing facility;

c.

The landing and departure approaches do not pass over established residential uses or known bird rookeries;

d.

If there are established residential uses within 500 feet of the parcel proposed for development, the hours of operation for non-emergency aircraft shall be limited to daylight; and

e.

The use is fenced or otherwise secured from entry by unauthorized persons;

(7)

Light industrial uses, provided that:

a.

The parcel proposed for development is greater than two acres;

b.

The parcel proposed for development is separated from any established residential use by a class C bufferyard; and

c.

The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development;

(8)

Commercial recreation uses (indoor and outdoor), including amusement or sea life parks and drive-in theaters, provided that:

a.

The parcel of land has an area of at least two acres;

b.

The parcel is separated from residential districts IS, SR, SR-L, SS, UR, URM, URM-L or established residential uses by at least a class E buffer; and

c.

Access to U.S. 1 is by way of:

1.

An existing curb cut;

2.

A signalized intersection; or

3.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet;

(9)

Agricultural uses, limited to mariculture;

(10)

New antenna-supporting structures, pursuant to section 146-5(a);

(11)

Attached and detached dwellings involving more than 18 units, designated as employee housing as provided for in section 139-1;

(12)

Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that:

a.

The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;

b.

The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and

c.

In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:

1.

One native canopy tree for every 25 linear feet of screening structure;

2.

One understory tree for every ten linear feet of screening structure and the required trees shall be evenly distributed throughout the planting bed;

3.

The planting bed shall be installed as set forth in chapter 114, article IV; and

4.

A solid fence may be required upon determination by the planning director.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)