Berkeley Mill Mixed-Use Special Overlay District

[Added 5-16-2018 by Ord. No. 18-07A]

(a) Applicability. The Berkeley Mill Mixed-Use Special Overlay District will encompass the property improved with the Berkeley Mill and all improvements otherwise addressed 30 Martin Street and more specifically designated Assessor's Plat 34, Lot 188. The Zoning Map shall be changed to reflect this overlay district designation.
(b) Permitted and Prohibited Land Uses. Uses shall be permitted, prohibited and permitted by special use permit in the underlying Industrial-I (I-1) zoning district, as identified in Table 1, entitled "Use Table."
- (1) However, notwithstanding the Use Table requirements, the following uses listed in Table 1 are also permitted as a matter of right in the Mixed-Use Special Overlay District:
  - a. Residential.
    - 1. Number 12. Mixed-use residential, as defined in Appendix A, entitled "Use Regulations Definitions," except limiting the number of dwelling units to 75 and each dwelling unit not to exceed one bedroom.
    - 2. Number 17. Hotel, bed-and-breakfast: 10 rooms or less.
    - 3. Number 18. Hotel: 11 to 29 rooms.
    - 4. Number 19. Hotel: 30 rooms or more.
  - b. Institutional and governmental.
    - 1. Number 26. Trade schools.
    - 2. Number 27. Religious services.
    - 3. Number 28. Medical and health services hospital/medical services/clinic.
    - 4. Number 34. Day care center.
    - 5. Number 38. Arts education.
  - c. Cultural, Entertainment and Recreational.
    - 1. Number 41. Nonprofit library, museum or art gallery.
    - 2. Number 42. Spectator assembly.
    - 3. Number 47. Nonprofit community center.
  - d. General Services.
    - 1. Number 54. Personal service
  - e. Trade.
    - 1. Number 74. Retail trade, 15,000 square feet, total GFA or less.
    - 2. Number 75. Retail trade, more than 15,000 square feet, total GFA.
  - f. The following additional use(s) are permitted as a matter of right in the Mixed-Use Special Overlay District:
    - 1. Microbrewery, which is defined as an establishment where beer, ale, etc., are brewed, typically in conjunction with a bar, tavern or restaurant use. The maximum brewing capacity shall not exceed 20,000 barrels per year.
- (2)
  Prohibited uses. Notwithstanding the Use Table requirements, the following uses are prohibited in the Mixed-Use Special Overlay District:
  - a. (1) Dairy farm;
  - b. (2) Fruit orchard;
  - c. (3) General crops;
  - d. (4) Animal husbandry;
  - e. (14) Nursing home;
  - f. (16) Community residence;
  - g. (55) Funeral home;
  - h. (58) Car wash;
  - i. (59) Repair service, automotive;
  - j. (65) Warehousing and storage, including open lot storage;
  - k. (68) Auto body repair;
  - l. (77) Retail trade: automotive, marine graft, aircraft and accessories;
  - m. (79) Fast-food restaurant;
  - n. (87) Automobile parking (principal use);
  - o. 91(A) Ground-mounted medium-scale solar energy system (principal use);
  - p. 91(B) Ground-mounted major-scale solar energy system (principal use);
  - q. 92(B) Ground-mounted minor-scale solar energy system (accessory use), minimum lot size of 30,000 square feet;
  - r. 92(C) Ground-mounted medium-scale solar energy system (accessory use);
  - s. (97) Lumber and wood products;
  - t. (101) Pharmaceuticals;
  - u. (102) Rubber and miscellaneous plastic products;
  - v. (103) Stone, clay and glass products;
  - w. (104) Cement, lime, gypsum or plaster of paris manufacture;
  - x. (105) Primary metal industries;
  - y. (106) Fabricated metal products;
  - z. (107) Drop forge industries;
  - aa. (108) Machinery and machine parts;
  - bb. (110) Ship and board building and repair;
  - cc. (112) Jewelry and silverware;
  - dd. (114) Plating of jewelry and metal parts.
(c) Dimensional requirements. The applicable I-1 District dimensional criteria, pursuant to Section 5-3: "Commercial and Industrial Zones," shall be required, except maximum lot coverage, which shall be 100%.
(d) Parking and loading requirements. Parking and loading requirements, provided Article 14 shall be reduced by 50% in the Mixed-Use Special Overlay District.
(e) Standard of review. The Planning Board shall review and forward an advisory recommendation to the Town Council on consistency with the Comprehensive Plan as well as land use and off-street parking/loading flexibility appropriateness. The initial adoption of the Berkeley Mill Mixed-Use Special District and the proposed physical expansion of approximately 2,500 square feet to accommodate the microbrewery as contemplated herein shall not incur any additional review or approval procedures, neither development plan review nor land development project review. Said proposed physical expansion shall also be permitted to extend into the required setbacks in the I-1 zone.
(f) Residential use covenant required. In the event the applicant seeks a residential use in the Mixed-Use Special Overlay District, the applicant must sign and record a covenant that acknowledges that the owner(s) of the building(s) or any residential units accept the industrial character of the neighborhood and agree that the existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant shall state that it is binding on the owner(s)' successors and assigns, including any lessees of the residential use.