Permitted Uses in MU1 and MU2

Sec. 12.7. Permitted Uses in MU1 and MU2.

• (1) Mixed Use. More than one permitted use shall be allowed on the same lot and/or within the same building. Permitted uses are established in Section 3.4 District Use Regulations. The provisions of this article shall take precedence over those of other articles that purport to regulate certain specific uses that are otherwise permitted in the MU districts.

• (2) Noxious Uses. No use shall be permitted which is found to generate unreasonably high traffic volumes, be environmentally unsound or visually objectionable, or is not in character with the desired village character of the district.

• (3) Mix of Uses. Mixing residential, office and retail uses is encouraged in the MU districts. No specific percentages of use categories will be required under this ordinance. However, in order to achieve the purposes of this ordinance, residential uses will not be permitted on the first or ground floor, except in cases to reasonably achieve handicapped access.

• A. Residential. Mixed residential/commercial uses are permitted, although residential use is not allowed on any ground floor space facing a street. New single family or two-family dwellings are not permitted. Single and two-family homes existing as of the date of adoption of this ordinance shall be considered conforming uses and may continue to exist and may be expanded or altered subject to the dimensional regulations applicable in the RU-20 zoning district without the need to obtain relief from the Zoning Board of Review.

• B. Commercial. Allowed uses shall be consistent with the desired purposes of the district such as village centers, which are compact communities that offer basic consumer services and activities for nearby residents. Uses may draw shoppers and employees from the surrounding area, but may not be primary regional shopping centers.

• C. Industrial. Light industrial uses are permitted as set forth in the use table. Large-scale, heavy industries, including those that produce noxious noise or fumes, or generate intense traffic, are not permitted. Notwithstanding the inherent pedestrian-unfriendly nature of industrial uses, industrial uses shall embrace a village design concept, in keeping with the Design Guidelines.

• D. Open Space.

• • (1) Ownership. The required open space shall be a separate and distinct lot(s) to which ownership shall be vested in a legally viable entity, which shall be responsible for the use and maintenance of the open space. Ownership of required open space shall be conveyed to one of the following:

• • i. The town (if it is accepted for park, open space, agricultural, or municipal use),

• • ii. A nonprofit organization, the principal purpose of which is the conservation of open space,

• • iii. A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants, or

• • iv. Land in agricultural use at the date of adoption of this ordinance may remain in private agricultural use, provided that a conservation easement to preserve such agricultural use shall be conveyed to one of the entities set forth in sub-sections i. and ii. above.

• • • (2) Use. Open space may be used for one or more of the following purposes:

including farming or growing crops.

passive recreation areas. parks, plazas, town green, village commons, etc, designed to as benches, tables, playground equipment, sidewalks, lightrecreation to fulfill the needs for such facilities created by the resdevelopment within the MU districts and between the MU property.