Aston Township City Zoning Code
CHAPTER 1297
MU MIXED USE OVERLAY DISTRICT
§ 1297.01 INTENT.
It is the specific intent of this chapter:
(a) To allow property owners in the overlay district the option of developing/redeveloping properties according to the underlying zoning or according to the MU Mixed Use Overlay Zoning;
(b) To provide additional and new opportunities for development and redevelopment in the overlay zoning districts;
(c) To accommodate higher density housing options for a range of housing needs;
(d) To enhance pedestrian and vehicular safety through the provision of sidewalks, lighting, shared parking and consolidation of driveways;
(e) To enhance the streetscape, architectural design and aesthetics in the MU Mixed Use Overlay Zoning District;
(f) To incentivize lot assembly and consolidation toward the more efficient and cost-effective use of land; and
(g) To allow for shared parking, reduced parking requirements and to encourage cross access easements between abutting properties for the purpose of mitigating motor vehicle traffic and congestion.
(Ord. 949, passed 9-21-2016)
§ 1297.02 PROCEDURAL REQUIREMENTS.
(a) Procedural requirements shall be in accordance with the underlying zoning district.
(b) Where there is a conflict between the provisions or requirements of this overlay district and those of any underlying zone, the provisions of the MU District shall govern.
(Ord. 949, passed 9-21-2016)
§ 1297.03 PERMITTED USES.
(a) The MU Mixed Use Overlay Zoning District locations and boundaries are those that exist on the MU Overlay District map, a copy of which is attached to the ordinance which adopted this chapter, marked as Exhibit “A” and adopted by reference as if set out at length herein. The original MU Overlay District map shall be kept on file in the office of the Township Secretary.
(b) The MU Overlay District shall be considered a mixed-use district. More than one use per lot is permitted in the MU District in accordance with the requirements in this chapter.
(c) When a residential use and another permitted use are contained in the same building, residential uses shall not be located on the ground floor.
(d) In the Overlay District, for each new residential development that is developed under the Overlay District Zoning and will be located on a lot that has frontage on Pennell Road or on Concord Road and that proposes 25 or more dwelling units, the project shall also be required to plan, develop and build another allowed use (as permitted under the Overlay District). The amount of nonresidential use shall be developed at a rate of 64 square feet of nonresidential use for every one residential dwelling unit. No less than 1,600 square feet of nonresidential use shall be constructed. Uses that are ancillary to residential uses are not considered nonresidential uses. Nonresidential uses up to the minimum square foot requirements must be constructed on the street level floor of a structure. Nonresidential uses that exceed the minimum requirements may be constructed above the street level floor. Existing nonresidential uses may be counted toward this requirement when new residential units are developed on the same lot as the existing nonresidential use.
(e) In the Overlay District, for every project where at least 15,000 square feet of nonresidential space is developed, a civic or public plaza shall be developed that is at least 1,500 square feet. This space shall be provided for public gatherings and events. The plaza shall contain amenities, such as landscaping, seating, lighting, trash receptacles and bike racks. The minimum dimension of the plaza shall be 30 feet. The location shall be as approved by the township.
(f) All uses permitted in the MU district shall be permitted as conditional uses, and no uses shall be permitted by right without condition. In the MU District, a building may be erected or used and a lot may be used or occupied for one or more of the following conditionally permitted uses when developed under the Overlay District:
(1) Medical clinic or office;
(2) Dental clinic or office;
(3) Office or office building;
(4) Banks or other financial institutions;
(5) Personal service;
(6) Retail stores;
(7) Farmer’s market;
(8) Microbrewery;
(9) Brewpub;
(10) Restaurant, sit down, without banquet facilities;
(11) Restaurant, with banquet facilities or dinner theater;
(12) Tea house/coffee house/cafés, sidewalk café;
(13) Bakery, candy, pastry, confectionery or ice cream retail sales;
(14) Wines and spirits retail store;
(15) Florists;
(16) No-impact home-based business;
(17) Townhouses;
(18) Multi-family dwelling;
(19) Garden apartment;
(20) Colleges or universities, private or public elementary, secondary or nursery schools, or other educational institutions for academic instruction (by conditional use);
(21) Educational faculties-school for the arts;
(22) Child day care/adult day care/group day care;
(23) Structured parking facility;
(24) Public park or civic plaza;
(25) Health club or spa;
(26) Accessory use on the same lot which is customarily incidental to any of the above permitted uses;
(27) Hotels, motels with related facilities such as restaurants or banquet rooms;
(28) Conference or business/seminar meeting center;
(29) Industrial park;
(30) Manufacturing and distribution facility using computer numerically controlled equipment and robotics;
(31) Wholesale, distribution or warehouse facility;
(32) Manufacture, compounding, assembly, treatment, processing or packaging of articles or merchandise from previously prepared materials;
(33) Light metal processes, including metal finishing, grinding, polishing and heat treatment, metal cutting and extrusion of small products (such as costume jewelry and pins); assembly and manufacture of radio and television receivers; manufacture of light machinery (such as business machines); and
(34) Machine, plumbing, heating, roofing, carpentry, electrical, upholstery, welding, painting, or similar type of shop or facility.
(Ord. 949, passed 9-21-2016; Ord. 1032, passed 10-18-2023)
§ 1297.04 MULTI-FAMILY DWELLING UNITS.
All multi-family residential buildings shall meet the following requirements.
(a) One bedroom units must comprise at least 50% of the total residential units. No unit shall have more than two bedrooms.
(b) Fifty percent of all units must provide outdoor balconies or patios in the case of ground floor units. Minimum size for these areas shall be 40 square feet.
(c) All connections for laundry facilities (washer and dryer) shall be provided in each dwelling unit
(d) Multiple dwelling buildings with less than 25 dwelling units shall incorporate at least one or more of the below common amenities. Multiple dwelling buildings with 25 or more dwelling units shall incorporate at least two or more of the below common amenities: landscaped common open space (at ground floor level or on rooftop) with a minimum size of 1,000 square feet; fitness center (240 square feet minimum); indoor or outdoor swimming pool (800 square feet minimum); and community room (225 square feet minimum).
(Ord. 949, passed 9-21-2016)
§ 1297.05 DIMENSIONAL REQUIREMENTS.
Table MU.1 Dimensional Standards | ||
East Overlay | West Overlay | |
Table MU.1 Dimensional Standards | ||
East Overlay | West Overlay | |
Bldg. height (maximum)1 | 45 ft. | 55 ft. |
Buffer yard - to nonresidential (minimum) | 20 ft. | 20 ft. |
Buffer yards - to residential (minimum) | 25 ft. | 25 ft. |
Distance between buildings (minimum) | 24 ft. | 24 ft. |
Front yard (maximum) | 65 ft.2 | 65 ft.2 |
Front yard (minimum) | 10 ft.2 | 10 ft.2 |
Impervious coverage (maximum) | 80% | 80% |
Lot area (minimum)2 | 1 acre | 4 acres |
Lot width (minimum) | 70 ft. | 100 ft. |
Rear yard - to nonresidential (minimum) | 25 ft. | 25 ft. |
Rear yard - to single-family residential (minimum) | 30 ft. | 30 ft. |
Residential density (maximum) | 15 D.U./acre | 18 D.U./acre |
Side yard (minimum) | 12 ft. | 12 ft. |
Side yard (street corner)(maximum) | 65 ft. | 65 ft. |
Side yard (street corner)(minimum) | 10 ft. | 10 ft. |
Side yard - to single-family residential (minimum) | 30 ft. | 30 ft. |
Street frontage | 70 ft. | 100 ft. |
Surface parking setbacks - to front yard (minimum) | 10 ft. | 10 ft. |
Surface parking setbacks - to nonresidential (minimum) | 10 ft. | 10 ft. |
Surface parking setbacks - to residential (minimum) | 20 ft. | 20 ft. |
1 When a building is located within 50 ft. of a lot with a single-family residential use, the height of the building shall be limited to a maximum of 35 ft. in both the East and West Overlay Districts. When there is more than one building on a lot, this requirement shall not apply if one or more building(s) frontage comprise at least 50% of the lot’s primary roadway frontage and is located between the minimum and maximum front yard setbacks and side yard setbacks of the abutting street. | ||
2 For uses identified in § 1297.03(f)(29), (f)(30), (f)(31), (f)(32), (f)(33) and (f)(34) a minimum of 10 acres is required | ||
(Ord. 949, passed 9-21-2016)
§ 1297.06 BUILDING PROJECTIONS.
No part of any building shall encroach into any setback, except as described below:
(a) Overhanging eaves and bay windows may project up to two feet into any required setback; and
(b) Awnings and balconies may extend up to four feet into any required setback.
(Ord. 949, passed 9-21-2016)
§ 1297.07 DESIGN REQUIREMENTS FOR M-U MIXED USE DISTRICTS.
(a) All land developments submitted under the MU Overlay District shall comply with design standards as outlined in the Zoning Code and the subdivision regulations.
(b) In addition, the following design requirements shall also apply.
(1) Blank walls facing a street are prohibited. Exterior walls should contain architectural elements and colors that are consistent with the building and facade. The ground floors of street facing walls shall consist of window treatments as required by the township subdivision regulations. Those portions of walls without window treatment shall consist of architectural elements that help to break up the wall. These elements can consist of: lighting; projections; decorative brick; or tile or other articulation.
(2) Street facing buildings should exhibit varying roof heights to break up horizontal form and contain architectural elements like gables, dormers and cornices and/or other architectural treatments that add detail and interest to the building facades that face streets.
(Ord. 949, passed 9-21-2016)
§ 1297.08 PARKING AND SHARED PARKING.
(a) Parking space requirements. For the uses permitted under the Mixed Use Overlay District, the following parking space requirements shall apply.
Table MU.2 Parking Standards | ||
Use | Parking Space Requirements | Current Parking Requirements |
Table MU.2 Parking Standards | ||
Use | Parking Space Requirements | Current Parking Requirements |
Residential | ||
Multi-family dwelling | 1.0 per dwelling unit for 1 bedroom units 1.5 per dwelling unit for 2 bedroom units, plus 1 for every 6 dwelling units for guests in multi-family developments of 16 or more units | 1 per dwelling unit for 1 bedroom units 2 per dwelling unit for 2 bedroom units, plus 1 for every 4 dwelling units for guests in multi-family development of 16 or more units |
Townhouses | 1.5 for every dwelling unit, plus 1 for every 6 dwelling units for guests in townhouse developments of 16 or more units | 2 for every dwelling unit, plus 1 for every 4 dwelling units for guests |
Retail, Commercial or Other Business | ||
Banks, credit unions and savings and loans | 1 for every 225 sq. ft. of gross floor area (4.5/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Personal service | 1 for every 175 sq. ft. of gross floor area (5.7/1,000 sq. ft.) | 1 for every 150 square feet of gross floor area (6.7/1,000 sq. ft.) |
Professional and other offices | 1 for every 250 sq. ft. of gross floor area (4/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Restaurant with banquet facilities or dinner theater | 1 for every 175 sq. ft. of gross floor area (5.7/1,000 sq. ft.), plus 1 space for every 2 banquet seats and 2 spaces for every 4 employees on shift of greatest employment | 1 for every 150 square feet of gross floor area (6.7/1,000 sq. ft.), plus 1 space for every 2 banquet seats and 2 for every 3 employees on shift of greatest employment |
Retail store or shop | 1 for every 250 sq. ft. of gross floor area (4/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Sit-down restaurant w/o banquet facilities | 1 for every 125 sq. ft. of gross floor area (8/1,000 sq. ft.), plus 2 for every 4 employees on shift of greatest employment | 1 for every 100 square feet of gross floor area (10/1,000 sq. ft.), plus 2 for every 3 employees on shift of greatest employment |
(Ord. 949, passed 9-21-2016)
§ 1297.06 BUILDING PROJECTIONS.
No part of any building shall encroach into any setback, except as described below:
(a) Overhanging eaves and bay windows may project up to two feet into any required setback; and
(b) Awnings and balconies may extend up to four feet into any required setback.
(Ord. 949, passed 9-21-2016)
§ 1297.07 DESIGN REQUIREMENTS FOR M-U MIXED USE DISTRICTS.
(a) All land developments submitted under the MU Overlay District shall comply with design standards as outlined in the Zoning Code and the subdivision regulations.
(b) In addition, the following design requirements shall also apply.
(1) Blank walls facing a street are prohibited. Exterior walls should contain architectural elements and colors that are consistent with the building and facade. The ground floors of street facing walls shall consist of window treatments as required by the township subdivision regulations. Those portions of walls without window treatment shall consist of architectural elements that help to break up the wall. These elements can consist of: lighting; projections; decorative brick; or tile or other articulation.
(2) Street facing buildings should exhibit varying roof heights to break up horizontal form and contain architectural elements like gables, dormers and cornices and/or other architectural treatments that add detail and interest to the building facades that face streets.
(Ord. 949, passed 9-21-2016)
§ 1297.08 PARKING AND SHARED PARKING.
(a) Parking space requirements. For the uses permitted under the Mixed Use Overlay District, the following parking space requirements shall apply.
Table MU.2 Parking Standards | ||
Use | Parking Space Requirements | Current Parking Requirements |
Table MU.2 Parking Standards | ||
Use | Parking Space Requirements | Current Parking Requirements |
Residential | ||
Multi-family dwelling | 1.0 per dwelling unit for 1 bedroom units 1.5 per dwelling unit for 2 bedroom units, plus 1 for every 6 dwelling units for guests in multi-family developments of 16 or more units | 1 per dwelling unit for 1 bedroom units 2 per dwelling unit for 2 bedroom units, plus 1 for every 4 dwelling units for guests in multi-family development of 16 or more units |
Townhouses | 1.5 for every dwelling unit, plus 1 for every 6 dwelling units for guests in townhouse developments of 16 or more units | 2 for every dwelling unit, plus 1 for every 4 dwelling units for guests |
Retail, Commercial or Other Business | ||
Banks, credit unions and savings and loans | 1 for every 225 sq. ft. of gross floor area (4.5/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Personal service | 1 for every 175 sq. ft. of gross floor area (5.7/1,000 sq. ft.) | 1 for every 150 square feet of gross floor area (6.7/1,000 sq. ft.) |
Professional and other offices | 1 for every 250 sq. ft. of gross floor area (4/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Restaurant with banquet facilities or dinner theater | 1 for every 175 sq. ft. of gross floor area (5.7/1,000 sq. ft.), plus 1 space for every 2 banquet seats and 2 spaces for every 4 employees on shift of greatest employment | 1 for every 150 square feet of gross floor area (6.7/1,000 sq. ft.), plus 1 space for every 2 banquet seats and 2 for every 3 employees on shift of greatest employment |
Retail store or shop | 1 for every 250 sq. ft. of gross floor area (4/1,000 sq. ft.) | 1 for every 200 square feet of gross floor area (5/1,000 sq. ft.) |
Sit-down restaurant w/o banquet facilities | 1 for every 125 sq. ft. of gross floor area (8/1,000 sq. ft.), plus 2 for every 4 employees on shift of greatest employment | 1 for every 100 square feet of gross floor area (10/1,000 sq. ft.), plus 2 for every 3 employees on shift of greatest employment |
(b) All other uses. The parking requirements for other uses shall conform to the underlying zoning requirements.
(c) Shared parking. An applicant may provide shared parking for one or more uses or properties under the following conditions.
(1) The applicant(s) shall submit a parking study using standards set forth by either the Institute of Traffic Engineers or the Urban Land Institute.
(2) The parking study shall include the following:
A. The required parking for the individual uses as set forth in the Township Zoning Code;
B. The parking demand of the uses over the course of the day including weekend and holidays;
C. The proximity of the parking field to the entrances of the various uses;
D. A circulation plan for the safe and efficient distribution of vehicles through the site including delivery and special service vehicles;
E. A pedestrian plan showing a safe network of pathways and crosswalks for visitors to the site;
F. A determination of the minimum number of parking spaces that would be generally required for the safe and efficient operation of the facilities; and
G. The parking study shall be prepared by a state professional engineer.
(3) The township shall be solely responsible for determining if the proposed shared parking is acceptable.
(Ord. 949, passed 9-21-2016)