[Added 2-4-2009 by Ord. No. 584]
[Amended 12-2-2015 by Ord. No. 658]
The MU Mixed Use District is established to provide for a wide
range of business, professional and light manufacturing uses in a
campus environment, by fostering innovative building and open space
masses resulting in an aesthetically attractive working environment.
Such uses shall be able to meet comparatively rigid specifications
as to nuisance-free performance and shall be clean, quiet and free
of objectionable elements. This district is intended to be applied
in situations where, because of special circumstances, the area is
particularly suited and useful for economic development purposes,
and yet is in such close proximity to existing residential and agricultural
uses that additional controls are deemed necessary in order to make
these uses compatible with existing residential and agricultural uses;
and provide the flexibility to adapt to changes in markets and technologies
The intent of this district is also to fulfill the intent of the Pennsylvania
Municipalities Planning Code by including provisions to encourage
innovation and to promote flexibility, economy and ingenuity in development,
including subdivisions and land developments. Standards are also established
to fulfill the intent of Section 605(1) of the Pennsylvania Municipalities
Planning Code[1]with regard to making transitional provisions at or near
the boundaries of districts. The MU Mixed Use District standards are
established to facilitate either the unified approval of a single
large area for a planned business park development (including commercial
and residential components), or the development of smaller individual
tracts with provisions for the transition between various uses.
A.
Use permitted by right.
(1)
Assembly and packaging of finished goods.
(2)
Bank and related financial services.
(4)
Educational institution, commercial and noncommercial.
(5)
Essential services.
(6)
Hospitals and clinics.
(7)
Light manufacturing.
(8)
Offices.
(9)
Personal and professional services.
(10)
Printing services.
(11)
Public utility buildings.
(12)
Research and testing labs.
(13)
Warehousing, indoor storage.
(14)
Wholesale business, indoor.
(15)
Public facility.
[Added 6-2-2010 by Ord. No. 601]
(16)
Artisan workspace.
[Added 7-7-2021 by Ord. No. 739]
(17)
Coworking space.
[Added 7-7-2021 by Ord. No. 739]
(18)
Makerspace.
[Added 7-7-2021 by Ord. No. 739]
B.
Conditional use.
(1)
Planned business park.
(2)
Condominium units, multiple-residential dwelling units, single-family
dwellings.
(3)
Day-care center.
(4)
Eating and drinking establishments.
(5)
Hotels.
(6)
Indoor and outdoor commercial recreation.
(7)
Mixed commercial residential building.
(8)
Limited retail use.
(9)
Outdoor storage.
[Added 12-2-2015 by Ord.
No. 658]
(10)
Microbrewery/microdistillery.
[Added 6-6-2018 by Ord.
No. 698]
[1]
Editor's Note: See 53 P.S. § 10605(1).
The following conditional uses may be authorized by the Township
Commissioners pursuant to the standards and criteria specified herewith:
A.
Planned business park. The intent of this conditional use is to allow
for the integrated approval of a business park that includes retail,
service and/or residential components as well as permitted office
and light manufacturing uses.
(1)
The minimum size for a planned business park shall be 75 acres.
(2)
The park shall be generally planned around one or more central
greens or quadrangle areas, with consideration given to the relationship
of various buildings and uses to each other. However, such greens
or quadrangle areas may be located at the edge of a proposed business
park in order to facilitate greater coordination with any neighboring
public recreation area or land protected by a conservation easement.
A minimum of 10% of the total planned business park area shall be
devoted to such greens or common passive recreational areas. This
shall be in addition to any normal required yard and setback areas
or limitations upon coverage. The purpose of this is to create a stronger
sense of place, and facilitate interaction among the employees, customers
and residents of mixed use areas. Examples of such green or quadrangle
areas may include town squares, assembly areas, and smaller landscaped
or mowed areas with amenities, such as benches, lighting, public art
and fountains. At least 75% of areas proposed for central greens or
quadrangle areas shall be free of wetland or slope areas of greater
than 5%. These areas may be privately owned, or owned and managed
by a tenant or owners' association, provided there is a reasonable
degree of access by residents, employees, and customers.
(3)
The developer shall submit a sketch plan that generally identifies
proposed areas for various permitted and conditional uses within the
district. This sketch plan need not include final dimensions and final
designs of any public or private improvements, but shall focus upon
the relationship of proposed uses to each other and the surrounding
neighborhood. If areas are specifically identified for conditional
uses, and meet all performance standards, their subsequent development
may proceed by right at a later date without additional conditional
use approval. However, no area proposed for a conditional use may
be changed to another class of conditional use (such as commercial
to residential) without submission of another application for approval.
Areas proposed for conditional uses may be changed to permitted uses
within the MU Mixed Use District. Nothing in this section alters the
right of the Township to review and approve changes to any subdivision
and land development plan.
(4)
The total areas proposed for all listed conditional uses shall
not exceed 60% of the total planned business park area.
(5)
The plan shall illustrate an internal pedestrian and vehicular
access system that facilitates travel between buildings within the
planned business park.
(6)
The developer shall submit plans for any architectural guidelines
or covenants proposed to ensure a harmonious development of the planned
business park as an integral whole.
(7)
The developer shall submit a sketch landscaping plan that illustrates
how landscaping will be used to buffer the proposed park from any
abutting residential areas. The Township Commissioners may increase
standards for buffering and landscaping as a reasonable additional
condition and safeguard.
(8)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
B.
Day-care center.
(1)
The combined area for all day-care center(s) in an MU District may not exceed 5% of the total area for a planned business park, § 195-39.4A of this chapter, or 5% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Provisions shall be made for the safety of individuals and property.
All issues of public health, safety and general welfare which pertain
to the proposed use or activities ancillary thereto shall be resolved
to the satisfaction of the Board of Commissioners prior to the authorization
of the conditional use.
(4)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
C.
Eating and drinking establishments.
(1)
The combined area for all eating and drinking establishments in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Structures shall be architecturally and aesthetically compatible
with the character of the MU Mixed Use District.
(3)
Drive-through windows shall not be permitted.
(4)
Ingress and egress for all site access and off-street parking
shall be situated in a manner to minimize interference with traffic
movements on adjacent street rights-of-way.
(5)
Provisions shall be made for the safety of individuals and property.
All issues of public health, safety and general welfare which pertain
to the proposed use or activities ancillary thereto shall be resolved
to the satisfaction of the Board of Commissioners prior to the authorization
of the conditional use.
(6)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
D.
Hotels.
(1)
The combined area total for all hotels in an MU District may not exceed 20% of the total area for a business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Structures shall be architecturally and aesthetically compatible
with the character of the business park.
(3)
Ingress and egress for all site access and off-street parking
shall be situated in a manner to minimize interference with traffic
movements on adjacent street rights-of-way.
(4)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
E.
Indoor or outdoor commercial recreation.
(1)
The combined area total for all commercial recreation (indoor and/or outdoor) in an MU District may not exceed 10% of the total area for a business park, § 195-39.4A of this chapter, or 10% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Ingress and egress for all site access and off-street parking
shall be situated in a manner to minimize interference with traffic
movements on adjacent street rights-of-way.
(3)
No more than 5,000 square feet of retail, service and/or sales
space shall be permitted for each commercial recreation establishment.
(4)
All storage and display of stock, equipment, refuse and other
materials shall be within enclosed main or accessory structures.
(5)
Fencing may be deemed necessary by the Board of Commissioners
for purposes of safety and security.
(6)
Provisions shall be made for the safety of individuals and property.
All issues of public health, safety and general welfare which pertain
to a proposed recreational use or activities ancillary thereto shall
be resolved to the satisfaction of the Board of Commissioners prior
to the authorization of the conditional use.
(7)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
F.
Condominium units, multiple-residential dwelling units, and single-family
dwellings.
(1)
Multiple-residential dwellings units, including apartments,
garden apartments or (townhouses) row houses may be permitted under
either condominium (single-unit ownership arrangement) or general
ownership.
(2)
The use of new lots for single-family dwellings may be an appropriate
land use technique for transitional areas in a planned business park
or a designated MU district. However, no new single-family dwelling
is permitted within 100 feet of any area proposed or used for light
industrial uses. The Commissioners may require additional buffering
between areas proposed for single-family dwellings and other uses
as a reasonable additional condition and safeguard.
(3)
The combined area for all residential uses in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
No building containing more than one dwelling unit shall contain
more than four dwelling units per building, except that townhouse
units may occur in blocks of no more than six units per building.
(6)
New lots proposed for single-family dwellings shall meet all lot area and dimensional standards as identified in § 195-31 of this chapter.
(7)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
G.
Mixed commercial residential buildings. The intent of this conditional
use is to facilitate the opportunity for greater housing opportunities
and vibrant mixed use areas. Second-story residential uses are permitted
where the first floor of a building is designed for compatible uses,
such as offices and professional or personal services.
(1)
All entrance areas for residential or commercial uses shall
be clearly identified and separated.
(2)
The minimum size of any second floor dwelling unit shall be
at least 700 square feet.
(3)
Dedicated parking shall be provided for the residential use.
(4)
The combined area total for all mixed commercial residential buildings in an MU District may not exceed 10% of the total area for a planned business park, § 195-39.4A of this chapter, or 10% of the total area of the originating Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
H.
Limited retail use. The intent of this conditional use is to facilitate
development of retail sales at a scale to serve employees and residents
of the MU Mixed Use District and any planned business parks.
(1)
No building or part of a building used for retail sales shall
occupy an area of greater than 10,000 square feet gross floor area.
(2)
No fuel sales are permitted as a part of any limited retail
use.
(3)
No outdoor sales areas are permitted.
(4)
The combined area total for all limited retail use in an MU District may not exceed 10% of the total area for a planned business park, § 195-39.4A of this chapter, or 10% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord.
No. 658]
I.
Outdoor storage. The intent of this conditional use is to permit
for outdoor storage as an accessory use to a principal use in the
MU Mixed Use District.
[Added 12-2-2015 by Ord.
No. 658]
(1)
The combined area for all outdoor storage in the MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of any lot area not in a planned business park MU Mixed Use Zoning.
(2)
Outdoor storage shall not be permitted to front directly on
the street or within any front, side, or rear yard or within any required
buffer area.
(3)
No outdoor storage area shall exceed 10 feet in height.
(4)
All outdoor storage, including equipment/vehicle storage area, must be screened with an opaque fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user in accordance with § 195-75G.
(5)
A survey of the property showing all outdoor storage area, including
equipment/vehicle storage areas, with locations and distances to property
lines, the approximate number of acres to be used for outdoor storage.
(6)
No activities or substances of a hazardous safety or environmental
nature shall be employed, stored, carried or utilized as part of any
operations conducted on the site unless specifically provided for
as part of the conditional use approval.
(7)
Dust, vibration, odors. All activities/operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with § 195-74. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the site to avoid injury to persons living in the vicinity and are in compliance with § 195-74.
(8)
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of the operation/facility(ies) to adjacent residential properties and as more specifically set forth in § 195-74.
(9)
The applicant must provide the Township with a list and description
of all equipment weighing in excess of 10 tons and identification
of the proposed routing of vehicles on Township roads. The proposed
hauling routes must be designed to minimize the impact on collector,
connector and local streets within the Township. The Township reserves
the right to designate required truck hauling routes throughout the
Township. The applicant must provide an updated list to the Township
if any changes occur.
(10)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
J.
Microbrewery/microdistillery.
[Added 6-6-2018 by Ord.
No. 698]
(1)
The combined area for all microbreweries/microdistilleries in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
(2)
Structures shall be architecturally and aesthetically compatible
with the character of the MU Mixed Use District.
(3)
Drive-through windows shall not be permitted.
(4)
All sales inventory, supporting equipment, storage and display
functions shall be contained within a building.
(5)
No activities or substances of a hazardous safety or environmental
nature shall be employed, carried or utilized as part of any operations
conducted on the site unless specifically provided for as part of
the conditional use approval.
(6)
All traffic shall enter and exit the site via designated driveway
access points that connect with adjacent public rights-of-way. Said
access points shall be approved by local and PennDOT officials.
(7)
No storage, parking or display of products shall be permitted
in a required front, rear or side yard area.
(8)
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding community from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
(9)
All outdoor entertainment and/or dining shall take place only
between the hours of 11:00 a.m. and 10:00 p.m. on Sunday through Thursday,
and between 10:00 a.m. and 11:00 p.m. on Friday and Saturday.
(10)
The Township reserves the right to add specific conditions as
part of the conditional use per the regulations of the Pennsylvania
Municipalities Planning Code (MPC).
The following special exceptions may be authorized by the Township
Commissioners pursuant to the standards and criteria specified herewith:
The following requirement shall apply to all uses in the MU
Mixed Use District.
A.
The intent of the MU Mixed Use District is to provide for unique
transitional opportunities in a high quality setting. For this reason,
no area of less than 25 acres shall be considered for mixed use zoning
designation. New nonresidential lots within MU Mixed Use Zoned Areas
shall be no less than 20,000 square feet.
B.
The maximum impervious surface coverage, including buildings, parking
and sidewalks shall be 75%.
C.
The minimum setback from any existing public roads shall be 50 feet;
in addition on existing local streets there shall consist a strip
of land not less than 25 feet in width, with earthen mound(s). Mounding
shall be a minimum four feet in height with slopes averaging 3:1 (horizontal
to vertical distance). Plantings shall be arranged and installed on
earth mounds in an irregular pattern to accentuate the physical variations
in height and alignment and achieve a more natural appearance as set
forth below. Ground cover shall be used and maintained to prevent
erosion of the earth mound. The combined height of the plant materials
and mounding shall not be less than seven feet at the time of planting.
The minimum setback from new or proposed public streets shall be 20
feet. Such setback areas must be appropriately landscaped and not
include any parking but may contain a cartway or driveway for ingress
and egress purposes.
[Amended 12-2-2015 by Ord. No. 658]
D.
A minimum forty-foot buffer area, containing a row of evergreen trees
not less than three feet in height at initial planting, shall be required
to be provided and maintained along areas abutting any residential
use or residential zoned property.
E.
No buildings on the same lot shall be located closer than 20 feet
to each other.
F.
The maximum permitted building height on any structure is 45 feet.
G.
When the rear of any building faces a public road, a row of evergreens
of not less than three feet in height at initial planting shall be
provided between the rear of the building and the public road.
H.
Any and all garbage dumpsters shall be concealed within a structure.
I.
Because the MU District is meant to provide opportunities for mixed
use development opportunities in areas where there is a potential
for land use conflict with abutting residential or light commercial
uses, building designs should be compatible with the neighborhood
to the maximum extent possible. A minimum of 40% of the exterior wall
construction for all structures shall be constructed of brick or split
face block or other masonry materials as approved by the Rostraver
Township Board of Commissioners. The requirement of 40% shall be calculated
by measuring all facades of the structure, excluding openings for
windows, trim, and doors and multiplying that figure by the percentage.
[Amended 2-5-2014 by Ord. No. 643]
J.
Pedestrian access. A system of pedestrian access, in the form of
paved sidewalks or interior walkways, shall be provided to allow walking
between every use, structure or recreational facility. Sidewalks and
crosswalks shall be installed along public streets.
K.
Parking areas. Designs shall avoid the use of excessively large, uninterrupted parking areas. Parking lot landscaping is subject to the standards and criteria of Article XVII, § 195-64D, of this chapter. Because of the mixed use character of this district, parking lots shall be lit by full cutoff luminaries of a maximum height of 20 feet.
[Amended 6-2-2010 by Ord. No. 601]
