§ 58-60. MX mixed-use conditional district.
The MX mixed-use conditional district is hereby established in order to accommodate a highly limited type of mixed-use development in accordance with the intent described in subsection 58-5(3)b. Development in a MX mixed-use district may only occur in accordance with the requirements for conditional zoning as outlined in section 58-271. Development occurring within the downtown overlay district must also meet the requirements outlined in section 58-272. MX district rezonings shall only occur in areas designated for future business in the land use plan.
After the public hearing, but prior to consideration of the rezoning request, the town council will either verify that the rezoning request is reasonable and consistent with the future land use map or will consider a change to the future land use map so that the rezoning would conform with the future land use map.
(1)
Permitted uses.
a.
Offices and office buildings. Following is a list of examples of the types of offices permitted in an MX district. Although this list is not intended to exhaust the types of office uses permitted, other types of office uses are permissible only if they will not produce levels of noise, traffic, pedestrian activity or disturbances that exceed the levels of noise, traffic, pedestrian activity or disturbances commonly associated with the types of office uses listed below:
1.
Doctor's office.
2.
Insurance agency.
3.
Real estate agency.
4.
Stock brokerage firm.
5.
Tax preparation service.
6.
Travel agency.
7.
Small animal veterinary clinic.
b.
Retail uses. Following is a list of examples of the types of retail uses permitted in an MX district. Although this list is not intended to exhaust the types of retail uses permitted, other types of retail uses are permissible only if they will not produce levels of noise, traffic, pedestrian activity or disturbances that exceed the levels of noise, traffic, pedestrian activity or disturbances commonly associated with the types of retail uses listed below. Such retail uses may be in freestanding buildings or within a larger building:
1.
Antique shop.
2.
Arts and crafts store.
3.
Athletic goods shop.
4.
Automobile parts store.
5.
Bakery, retail.
6.
Barbershop and beauty shop.
7.
Book and stationery store.
8.
Clothing store.
9.
Computer/electronics store.
10.
Dance and gymnastic studio.
11.
Department/variety store.
12.
Dry cleaning service outlet (excluding dry cleaning and laundry plants).
13.
Fabric stores.
14.
Floor covering, wallpaper, paint and window covering stores.
15.
Florist and gift shops.
16.
Grocery stores.
17.
Hardware stores.
18.
Jewelry stores.
19.
Music stores.
20.
Pharmacies.
21.
Photocopying shops.
22.
Tailor, dressmaking and millinery shops.
23.
Toy and hobby stores.
24.
Video stores.
c.
Restaurants (excluding freestanding drive-in, drive-through and fast-food restaurants).
d.
Schools.
e.
Shopping centers.
f.
Essential services, classes I and II.
g.
Libraries, public.
h.
Town government buildings and facilities (indoors).
i.
Bank teller machines.
j.
Banks and financial institutions.
k.
Post offices.
l.
Postal stores and contract stations.
m.
Convenience stores (restrictions may be added by the town council, such as restrictions governing ingress/egress to the convenience store from major roads, architectural review, number of gas pumps, height of canopy, site location, hours of operation, etc.).
n.
Day care centers provided the lot is at least three acres.
o.
Conference centers.
p.
Wedding, banquet and reception centers provided the lot is at least five acres. However, nothing shall prohibit one or more of these uses from being combined on a single five-acre lot. These uses shall not produce levels of noise or electronically amplified sound that is audible at levels greater than 60 db beyond the boundary of the property on which the facility is located. Further, no electronically amplified sound shall be audible beyond the property boundary between the hours of 10:00 p.m. and 9:00 a.m.
q.
Small cell telecommunication facility.
(2)
Development standards.
a.
Except as provided herein, all uses and structures in the MX district shall meet all applicable development standards established in article I, article V, article VI and article VII of this chapter, as well as the following standards. Some of the standards established in this zoning district may differ than those that would otherwise apply in the town. Whenever a conflict arises between an otherwise applicable standard imposed by another provision of this chapter and this section for the MX district, the stricter standard, as determined solely by the town council, shall apply.
b.
Except as provided herein, all principal buildings and structures located within the project area shall meet a minimum setback of 25 feet from any public road right-of-way and from any surrounding property not being rezoned as part of the MX district. Where a public road right-of-way along a major or minor thoroughfare has not been established by the Mecklenburg Union Metropolitan Planning Organization's Thoroughfare Plan, the right-of-way shall be determined by a measurement of 50 feet from the centerline of the pavement to the measured line and area of that right-of-way must be dedicated to state department of transportation to provide for future widening. In addition, after considering the criteria for the MX district design as set forth in subsection 58-5(3)b, the town council, at its sole discretion, may reduce one or more of the setbacks to less than 25 feet, but only after the applicant has demonstrated one or more of the following:
1.
The proposed setback reduction is consistent with and preserves the spirit of the land use plan;
2.
Where a proposed use abuts permanent open space on an adjacent tract and, when combined with such open space, provides sufficient buffering;
3.
Screening and buffering can be attained through appropriately planted and existing natural vegetation and/or topography;
4.
The reduction can be achieved in a manner that is in harmony with the development of the surrounding area;
5.
The nature of the open space within the proposed setback of the site is sufficient to protect adjacent property owners, i.e., topography, existing vegetation, creeks or other natural features; or
6.
Overall features of the site plan provide adequate protection to contiguous properties.
c.
No off-street parking shall be permitted in any required setbacks.
d.
Landscaping, screening and buffers shall meet or exceed the minimum standards as provided per section 58-8. A buffer shall be built and maintained the entire width of the property fronting major or minor thoroughfares and major or minor roads. The buffers shall be built the width of the setback. All such buffers and/or screens shall be built in such a manner as to effectively screen the development from any major or minor thoroughfare and major or minor road, and/or residential or commercial property existing at the time the MX district is approved. All such landscaping, screening and buffers shall include, protect and maintain existing and planted trees.
e.
In no event shall the amount of development within the project area exceed a floor area ratio of 0.20. Notwithstanding this provision, if one or more parking decks are to be built in accordance with the guidelines herein and contain 33 percent or greater of the required off-street parking for the development, the maximum allowable floor area ratio may be increased by the town council up to a ratio of 0.25.
f.
The maximum building height, as measured from the ground level to the peak of the roof, shall be 40 feet. The majority of buildings in the development shall be two stories high. However, one-story and/or three-story buildings will also be used to provide a varied skyline for the development. A majority of the gross floor area within the development shall be contained in buildings that are two stories or shorter. All buildings or structures within 50 feet of residentially zoned property shall be limited to two stories and shall have a maximum building height of 35 feet, as measured from ground level to the peak of the roof.
g.
No individual use within a MX district development shall have a gross floor area greater than 8,000 square feet, except for supermarkets, libraries, town and government facilities, which may be as large as 25,000 square feet. Furthermore, individual retail uses having a gross floor area of greater than 20,000 square feet shall not comprise greater than 25 percent of the total gross floor area in the development devoted to retail use.
h.
The first floors of all nonresidential buildings must be designed to encourage pedestrian activity and use by arranging windows and doors so that individual uses within a building are visible and accessible from the street on at least 50 percent of the length of the first floor frontage that faces roads, sidewalks, or other areas of significant pedestrian activity. In its discretion, the town council may modify the requirement contained in the immediately preceding sentence so long as the town council imposes alternative requirements that will encourage at least as much pedestrian activity and use in the development. Where the first floor of a nonresidential building has expanses of blank wall, each such expanse of blank wall may not exceed 20 feet in length. The term "blank wall", for the purposes of this section, means a wall that does not contain transparent windows or doors or significant ornamentation, decoration or articulation.
i.
Nonresidential portions of a development (including, but not limited to, the landscaping, parking and lighting of those portions) shall be designed so that they encourage and facilitate pedestrian use of those portions. In addition to other design elements that encourage and facilitate pedestrian use, in nonresidential portions of a development, sidewalks shall be placed in front of all principal buildings, and small pocket parks shall be created whenever feasible.
j.
Large expansive off-street parking lots are not allowed. Accordingly, each off-street parking area shall contain no more than 150 off-street parking spaces and shall meet or exceed the standards in section 58-175.
k.
Streets within the development may be privately owned and maintained. On-street parking is allowed and may be counted towards meeting the off-street parking requirements. For both on-street and off-street parking, a parking space shall be not less than nine feet in width or less than 20 feet in length, and all parking spaces shall be clearly marked and maintained so that the boundaries of each space may be easily seen. In off-street parking lots with more than 20 standard spaces, one compact parking space may be permitted for every five standard spaces. Each compact space shall be at least seven feet wide and at least 17 feet long, and shall be clearly marked, "small cars only".
l.
Parking decks not to exceed three above grade levels of parking may be allowed provided they do not exceed the maximum height provided in section 58-58. To the maximum extent possible, such decks shall be built of materials and designed in a manner to blend in with the associated development. Cars on all levels of a structural parking facility must be screened from view from outside the structure. Retail or office uses may be allowed on the periphery of all levels of the parking deck.
m.
Any outdoor storage of retail goods is prohibited. Notwithstanding this provision, garden materials such as flowers, plants, shrubs, fertilizer and pine needles, etc., may be stored outdoors, but only if appropriately located, screened and secured. Such outside storage shall be allowed only at the sole discretion of the town council and shall be included in calculating the floor area ratio for the site.
n.
At a minimum, ten percent of the gross acreage of the project (minus any required setbacks and buffers, utility easements, stormwater detention areas, and marginal lands including, but not limited to, wetlands, floodplains, steep slopes and bodies of water) shall consist of prominently located and pedestrian-accessible village green open spaces so as to encourage walking and pedestrian activity within the development. No development may occur within any such open space except for the creation of sidewalks, other walking paths, and any type of development commonly found in small public parks, such as statues or other art.
(3)
Stormwater management. The postdevelopment rate of stormwater runoff from any lot shall not exceed the predevelopment rate of runoff for a 10-year storm. The applicant shall provide, at a minimum, the following information to the zoning administrator as part of his application to obtain a zoning permit:
a.
An engineering report made and certified as true and correct by a registered engineer licensed to do business in the state. Such report shall include the following:
1.
The routing of stormwater for the predevelopment and postdevelopment conditions of the proposed building lot.
2.
Calculations showing the peak estimated rates of runoff using a ten-year return period for predevelopment and postdevelopment conditions, for the lot, including each stream leaving the proposed building lot.
3.
Calculations, plans and specifications for stormwater retention/detention facilities or other means to effect peak rate attenuation.
4.
A statement indicating the rate of postdevelopment stormwater runoff for the proposed building lot will not be greater than the predevelopment rate for a 10-year storm.
b.
A statement from the owner acknowledging responsibility for the operation and maintenance of required retention/detention facilities, and to disclose such obligation to future owners.
(Ord. No. O-2006-20, § 5.9, 11-13-2006; Ord. No. O-2009-07, 7-13-2009; Ord. No. O-2010-02, 3-8-2010; Ord. No. O-2011-02, 3-14-2011; Ord. No. O-2012-16, 12-10-2012; Ord. No. O-2013-05, 3-11-2013; Ord. No. O-2013-11, 8-12-2013; Ord. No. O-2014-04, 3-10-2014; Ord. O-2015-12, 6-8-2015; Ord. No. O-2017-10, 6-12-2017)