[Amended 3-16-2015 by Ord. No. 293-2015]
The purpose of the Mixed Use (MU) District is to permit coordinated
development that includes a mixture of retail, cultural, service,
office, residential and institutional uses in a single structure or
complex of related structures; to promote and sustain development
of a neighborhood-type character; to preserve and reuse existing buildings
that represent the character of the surrounding environment; and to
encourage conservation of land resources, utilizing pedestrian facilities
that minimize automobile travel, and the mixed-use projects by allowing
greater densities than would otherwise be permitted to the extent
that the proposed mix of uses, design and location warrant. This district
generally coincides with public utility service areas and is within
the designated growth area.
Permitted-by-right uses shall be as follows:
A.
Existing dwellings and new development containing only single-family detached dwellings, single-family semidetached dwellings, townhouse dwellings meeting § 135-262, and apartment houses meeting § 135-216; provided, however, that such dwellings are located on or developed on lots containing five acres or less, existing on June 24, 2006.
B.
Mixed-use development containing uses authorized by § 135-142; provided, however, that no more than 10% of the land area of any such development or 10% of the gross floor area of any such development shall be devoted to residential uses. Buildings that contain commercial uses on the first floor and residential dwelling units above the commercial uses shall not be counted towards the maximum permissible residential uses.
E.
Park-and-ride facilities for persons using mass transit or carpooling.
F.
Banks and other financial institutions. Drive-through facilities shall be permitted subject to § 135-255.
H.
Retail sales of goods and services, including motor vehicle parts
without installation, and excluding the following: 1) stores in excess
of 10,000 square feet of floor area; 2) shopping centers, 3) vehicular
fuel pumps and 4) vendor displays and sales uses such as flea markets.
I.
Business and professional offices, excluding office parks. This shall
include associated equipment material storage facilities and similar
uses so long as the use is clearly incidental and accessory to the
commercial business located on the property and is conducted entirely
within an enclosed building.
J.
Municipal uses.
K.
Emergency services.
L.
Medical and dental clinics.
M.
Mortuary.
N.
Parking lot.
O.
Personal service shops, including tailor, barber- or beauty shop,
dressmaking, shoe repair or similar shop, excluding shopping centers.
P.
Publicly and privately owned recreation facilities.
Q.
Commercial recreation facilities, including amusement arcades, mini-golf courses, go-kart courses, batting ranges, driving ranges, bowling alleys and similar facilities subject to § 135-222.
R.
Public utility service buildings.
S.
Veterinary facilities without kennel facilities.
U.
Hotels, motels, convention centers, and community centers.
V.
Cinemas and theaters.
W.
Dry-cleaning and laundry establishments.
X.
Exercise clubs.
Y.
Libraries and museums.
Z.
Studios or galleries for teaching, dancing, art, music or similar
cultural pursuits.
AA.
Child or adult day-care center.
BB.
Accessory uses customarily incidental to the above-permitted uses.
DD.
Forestry and related uses; provided that the applicant provides copies
of the permits and approvals from the DEP, and/or any other applicable
state or federal permit authorizing such use to occur.
The following uses are permitted when special exceptions are
granted by written approval of the Zoning Hearing Board. In granting
any special exception, the Board may attach certain conditions to
its approval which it feels are necessary requirements in order to
preserve and protect the character of the district in which the proposed
use would locate. The burden shall be upon the applicant to prove
that the approval of the application will not be detrimental to the
health, safety and general welfare of the community.
A.
Mixed-use development containing uses authorized by § 135-143; provided, however, that no more than 10% of the land area or 10% of the total gross floor area of any such development shall be devoted to residential uses. Buildings that contain commercial uses on the first floor and residential dwelling units above the commercial uses shall not be counted towards the maximum permissible residential uses.
B.
The following uses provided they are clearly accessory and incidental to any of the permitted uses under § 135-142 and § 135-143:
(1)
Any process of manufacture, assembly or treatment, which is
performed within a completely enclosed building and which normally
does not constitute a nuisance by reason of odor, noise, dust or smoke,
even if incidental to a permitted by right or by special exception
use conducted on the premises.
(2)
Lumber- and coal yards, building material storage yards, contractors'
equipment and storage yards and commercial warehouses, provided such
uses are within a completely enclosed building.
(3)
The storage of volatile products which are used as part of the
business operation provided such products are kept within a completely
enclosed building.
D.
Vehicular fueling stations, including those fueling stations that are provided as an accessory use to a retail establishment or convenience store, in accordance with § 135-268.
L.
Commercial communications antenna meeting § 135-221, other than antenna permitted by right by such section.
M.
Heliport/hangar and helipad, subject to flight takeoff and landing
patterns approved by the Township.
N.
Assisted living facility.
O.
Personal care facility.
R.
Accessory structures and uses customarily incidental to the above
special exception uses.
(Reserved)
A.
Minimum lot area for nonresidential uses. The minimum lot area for
nonresidential uses shall be 10,000 square feet.
C.
Minimum lot width. The minimum lot width for all uses shall be as
follows:
D.
Minimum lot depth. The minimum lot depth shall be 125 feet.
E.
Yards. Yards of the following minimum sizes shall be provided:
(1)
Front yard minimum depth.
(a)
The minimum front yard building setback line from all streets shall be 35 feet from the ultimate street right-of-way as designated by § 135-301, unless a more stringent setback requirement applies for a particular use.
(b)
In developed areas, the minimum building setback line requirements
may be adjusted by right so that the proposed building may be in proper
relation to adjacent buildings. Under no circumstances shall a building
be permitted to encroach any closer to the ultimate right-of-way than
an adjacent building.
(c)
All accessory buildings shall have a front yard in compliance with Subsection E(1)(a) above, plus an additional 15 feet.
(d)
Off-street parking areas shall contain a setback of at least
15 feet from the ultimate street right-of-way. No off-street loading,
excluding customer pickup locations, and outdoor storage of materials,
except for those materials allowed for a specific use, shall be permitted
in a front yard.
(2)
Side yard.
(a)
All nonresidential buildings, loading areas and outdoor storage
areas shall be set back at least 15 feet from each side lot line.
All off-street parking lots shall be set back at least 10 feet from
each side lot line. If joint parking facilities are shared by adjoining
uses, one of the side yard setbacks can be waived solely for parking
and/or loading facilities.
[Amended 6-15-2015 by Ord. No. 295-2015]
(b)
Single-family detached dwellings and nonresidential principal
buildings shall have two side yards, neither of which shall be less
than 10 feet in width.
(c)
Semidetached dwellings shall have one side yard per dwelling
unit, which shall be a minimum of 12 feet in width.
(d)
All accessory buildings shall have a side yard setback of six
feet.
(4)
Residential buffer strip.
(a)
Any lot adjoining land within a residential district shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, measured from the property boundary that is shared with the residential district. Such areas shall be used for a landscape strip and screen; see § 135-299.
(b)
Any lot adjoining land that is principally a residential use at the time of application shall maintain a fifty-foot setback for nonresidential buildings, loading areas and outdoor storage areas, measured from the principal structure on the adjoining land, provided that the setback shall be a minimum of 15 feet from the property boundary that is shared with the adjoining land that is principally a residential use at the time of application. Such areas shall be used for a landscape strip and screen; see § 135-299.
A.
The minimum height for all principal buildings shall be 20 feet.
B.
An additional side yard setback of one foot shall be provided for
every two feet, or fraction thereof, increase in height above 40 feet,
except as set forth below:
(1)
A hotel or conference center may be permitted to have a maximum
height of 85 feet only if the facility has a gable roof or parapets
which provide the appearance of a gable roof.
(2)
An office building may have a maximum height of 65 feet only
if the facility has a gable roof or parapets which provide the appearance
of a gable roof.
(3)
Buildings devoted to agricultural use shall be exempt from height
regulations.
C.
The maximum height for all accessory buildings shall be 20 feet.
