Mixed use buildings

• (a) Standards and requirements.

  • (1) A single dwelling unit in a commercial building may be allowed as of right in a village commercial or a general commercial district subject to the provisions hereinafter set forth.

  • (2) Multiple dwelling units in a village commercial or a general commercial district may be allowed subject to a special use permit in accordance with the following conditions:

    • a. Parking. The applicant must demonstrate to the proper authority that the property housing the dwelling unit(s), or property under the control of the applicant by ownership or lease for a period of at least ten years, can provide off street parking as follows. Failure to maintain the required parking spaces may result in revocation of the occupancy permit for the residential units.

      • 1. For a residential unit of less than 800 square feet, one parking space per unit.

      • 2. For residential units in excess of 800 square feet two parking spaces per unit.

    • b. Density limitations. The square footage devoted to residential units shall not exceed three times the area devoted to a commercial use.

    • c. Health and public safety. The zoning board or in the case of a single residential unit the building official may consider the present commercial use of the building in determining the suitability for additional use as a residence. The zoning board or the building official may require as a condition of granting the residential use that the commercial use(s) may not change without the prior approval of the building official. Any such restriction shall be recorded in the land evidence records. The zoning board may accept written or oral testimony from the building official or fire marshal regarding access, light and air, and other relevant issues.

    • d. Dimensional regulation. The dimensional regulations set forth in section 30-111, table of dimensional regulations, shall apply where feasible on existing buildings and are required on all new construction subject to a dimensional variance granted by the zoning board of review.

(Ord. of 2-11-98)