(A) Principal uses and structures. In all areas zoned Mixed Use Overlay District, no building shall be erected, used or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:
(1) Multiple-family housing, which may be in the form of townhouses, apartments, brownstone apartments or similar configuration. Business and office uses may occupy a building used for residential purposes; provided that:
(a) No business or office use shall be located on the same floor that is used for residential purposes;
(b) No floor may be used in whole or in part for business or office use on a floor located above a floor used for residential purposes;
(c) Where there are non-residential and residential uses in a building, the residential uses shall be provided with separate, private entrances; and
(d) Minimum open space: 30% of net parcel area, at least 50% of which shall be usable recreation area.
(2) Bed and breakfast establishments, containing ten or fewer units;
(3) Trade schools and colleges;
(4) Business establishments that perform services on the premises, such as, but not limited to: banks and other financial institutions (not including drive-through), insurance offices, real estate offices and travel agencies;
(5) Churches and other places of worship;
(6) Clubs, fraternal organizations and lodge halls;
(7) Dry cleaning establishments (not to exceed 4,000 square feet), dealing directly with the consumer, but not including drive-through facilities. Dry cleaning plants serving more than the establishment on site shall be prohibited;
(8) Financial institutions;
(9) Funeral and interment services;
(10) Generally recognized retail businesses that supply commodities on the premises and occupy 10,000 square feet or less of net floor area, such as, but not limited to: stores selling groceries, meats, fruits and produce, dairy products, baked goods and other specialty food products, drugs, dry goods, flowers, clothing, notions, furniture and hardware;
(12) Medical laboratories;
(13) Medical offices, occupying 10,000 square feet or less of net floor area;
(14) Housing for the elderly, including assisted living facilities;
(15) Indoor commercial recreational facilities, such as health clubs, hardball and racquetball facilities, pool and billiard establishments, tennis, archery and similar facilities;
(17) Offices of an executive, administrative or professional nature, occupying 10,000 square feet or less of net floor area;
(18) Outdoor theater, plazas, parks and public gathering places;
(19) Personal service shops, occupying 4,000 square feet or less of net floor area, including, but not limited to: repair shops (such as watch, radio, television, shoe repair and home appliance), tailor and dressmaking shops, beauty and barber shops, and photographic studios;
(20) Public and quasi-public uses such as municipal offices, court houses, public off-street parking, libraries, museums and public safety facilities;
(21) Research and development businesses, occupying 20,000 square feet or less of net floor area;
(22) Retail sales in which both a workshop and retail outlet or showroom are required, such as, but not limited to establishments for plumbers, electricians, interior decorators, upholsterers, printers and photographers, subject to the following provisions:
(a) Not more than 80% of the total useable floor area shall be used for service, repair or processing functions; and
(b) Retail or showroom functions shall be located in the portion of the building where the customer entrance is located.
(23) Residential care facilities;
(24) Standard restaurants (except drive-ins and drive-throughs), taverns and bars, where the patrons are served while seated within the building occupied by the establishment;
(25) Take-out food and beverage sales when accessory to a full-service restaurant, provided that the area occupied by the take-out service shall not exceed 25% of the net floor area of the principal use;
(26) Theaters, assembly halls, community centers or similar places of assembly;
(27) Essential services, subject to the provisions in §
156.035; and
(28) Uses and structures accessory to the above, subject to the provisions in §
156.022.
(B)
Special uses. The following uses may be permitted by the Township Board, subject to the conditions specified for each use; review and approval of the site plan by the Planning Commission and Township Board; any special conditions imposed by the Planning Commission or Township Board that are necessary to fulfill the purposes of this chapter; and, the procedures and requirements in § 156.022: (1) New single-family detached dwelling units; (Special use approval shall not be required for expansion or renovation of a single-family dwelling in existence at the time of adoption of this subchapter; provided that, the expansion or renovation is in compliance with the adopted Building Code.)
(2) Outdoor cafes, outdoor eating areas;
(3) Veterinary office or clinics providing medical, surgical and grooming services for small animals, but not including boarding of animals; and
(4) Wireless communication facilities on monopoles, subject to the requirements in §
156.141(X).
(1) All types of drive-through or drive-in facilities shall be not be permitted in the MU, Mixed Use Overlay District.
(2) Uses having outside storage shall be prohibited.
(Ord., § 25.04B, passed - -)
