Mixed use commercial development
In all business (B) districts, and light business/residential (LB/R) districts, multi-family residential uses shall be allowed by special use permit under the conditions set forth herein. The purpose of allowing mixed use commercial developments is to create diverse housing opportunities in the town, and in particular, for the purpose of addressing the need for affordable housing as defined in the town affordable housing plan. Use of this regulation shall be considered a municipal subsidy for the purpose of creating affordable housing for low- and moderate-income persons in a manner and location otherwise prohibited by these regulations. Such residential units in mixed use commercial developments should be constructed in close proximity to essential services such as those typically provided in commercial developments.
1. Residential units in mixed use commercial developments shall consist of studio, one- and two-bedroom apartments ranging in size between 600 and 1,250 square feet of gross floor area.
2. Residential units in mixed use commercial developments shall be constructed on the second or third floor of otherwise permitted first floor commercial uses. Ground floor units shall be allowed for persons of special needs, provided that these units do not constitute more than ten percent of the overall area of the residential units constructed.
3. Mixed use commercial developments containing residential units shall only be allowed in association with commercial structures of 3,000 square feet and greater.
4. Mixed use commercial developments must have at a minimum one acre of land per each residential unit proposed.
5. A minimum of 20 percent of the number of residential units, and a minimum of 20 percent of the floor area of the residential units, must be deed restricted for a minimum of 30 years for occupancy by low- and moderate-income households. In no event shall a mixed use commercial development be permitted without a minimum of one low or moderate income unit. While a mix of incomes is encouraged, in no case shall more than 50 percent of the affordable units be occupied by households with incomes greater than 80 percent of the area median income.
6. In no event shall the floor area of the residential units exceed the floor area of the commercial space associated with the mixed use commercial development.
7. Every mixed use commercial developments shall be approved as a major or a minor land development. Parking shall be provided for the residential units as required in article V of this ordinance.
8. Applications for mixed use commercial developments must demonstrate to the satisfaction of the planning board that the site has the capacity (not limited to but including water, septic, parking, and circulation) to accommodate the proposed residential development.
9. All residential units of mixed use commercial developments shall be accessed from enclosed or interior walkways. All such walkways shall be provided with an enclosed main entranceway for the residential portion of the development. Such entranceways shall be at a minimum eight feet long and six feet wide and shall have two doors, an exterior door and an interior door. Between the two doors shall be common space for uses such as mailboxes, delivery of packages, etc. Elevators are encouraged.
(Ord. of 8-7-06, § 3; Ord. of 12-4-2023(1))