Elizabethtown City Zoning Code
PART 12A
MU MIXED-USE DISTRICT
§ 12A01 Intended Purpose.
[Ord. 876, 8/17/2006; as amended by Ord. 975, 6/16/2016]
The purpose of the Mixed-Use 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; 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 the proposed mix of uses, design and location warrants.
§ 12A02 Permitted Uses.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013; by Ord. 975, 6/16/2016; by Ord. 983, 11/16/2017; by Ord. No. 1009, 4/6/2023]
1.
The following are permitted uses in the Mixed-Use zoning district.
2.
To promote and protect the intended nature of the Mixed-Use zoning district, all permitted uses are limited to 10,000 square feet of gross floor area per use. Permitted uses utilizing greater than 10,000 square feet of gross floor area are by conditional use only. Multiple uses located within one structure or complex of structures are limited to 10,000 square feet of gross floor area per use, unless a conditional use is granted.
C.
Professional offices/professional occupations.
D.
Personal service establishments.
F.
Bakery, candy, pastry, confectionery or ice cream retail sales.
G.
Retail sales, food.
H.
Medical/health services.
I.
Art studios/galleries and museums for the display and/or instruction of dance, music, martial arts, or similar cultural pursuits.
J.
Municipal buildings and facilities, including parks, playgrounds, trails, paths, and other public recreational areas and civic space.
K.
No-impact home-based businesses.
M.
Bed-and-breakfasts. (See § 1306.)
(1)
Establishments with more than three rooms to rent by conditional use.
N.
Hotels/motels.
O.
Residential uses existing at the time of ordinance adoption.
P.
Retail pet shops.
Q.
Outdoor eating activity as an accessory use to a permitted principal use.
S.
Farm market.
T.
Short-term lodging accommodations not to exceed two transient occupants in accordance with § 1332.
U.
Rooming units not to exceed three rooms which may house a maximum of three individuals.
V.
Accessory dwelling unit in accordance with § 1333.
§ 12A03 Special Exceptions.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
The following uses are permitted in the Mixed-Use District by special exception as follows:
A.
Home occupations. (See § 1410.)
B.
Day-care residences for not more than eight individuals, excluding children who permanently reside at the residence. (See § 1407.)
C.
Parking as a principal use. (See § 1411.)
D.
Churches or similar places of worship, parish houses, and convents. (See § 1406.)
E.
Drive-in banking services. (See § 1408.)
F.
Demolition of buildings, excluding accessory structures. (See § 1415.)
§ 12A04 Conditional Uses.
[Ord. 876, 8/17/2006]
The following uses are permitted in the Mixed-Use District by conditional use as follows:
A.
Permitted uses utilizing greater than 10,000 square feet of gross floor area.
B.
Outdoor eating activity. (See § 1328.)
C.
Residential-care homes/facilities.
D.
Day-care centers. (See § 1507.)
E.
Movie theaters/performing arts theaters.
F.
Clubs, lodges, and fraternal organizations. (See § 1506.)
G.
Nightclubs, taverns, and other entertainment venues.
H.
New construction residential structures.
I.
Funeral homes. (See § 1508.)
J.
Public and private schools. (See § 1513.)
K.
Bed-and-breakfast establishments with four or more rooms to rent. (See § 1505.)
[Added by Ord. 983, 11/16/2017]
§ 12A05 Conversion of Existing Structure for Combined Residential and Nonresidential Use.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
1.
When converting an existing residential structure into a nonresidential permitted use occupying some of the existing dwelling, with the remainder of the property used for residential purposes, the following apply:
A.
The residential use shall not be permitted to occupy any of the ground-floor space of the structure.
C.
No conversion shall result in a dwelling unit that has less than 300 square feet of habitable floor area.
D.
The principal structure shall be on a minimum of 5,000 square feet of lot space.
E.
The proposed uses shall comply with the parking requirements of Part 16.
F.
Sewer/water tapping fees apply for each new residential and nonresidential unit and/or additional use added to the building.
G.
Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.
2.
Any existing commercial structure within the Mixed-Use District, as a principal structure on a lot, may be combined with residential dwelling units. The individual dwelling unit shall not be less than 300 square feet of habitable floor space. The dwelling units shall not be permitted to occupy space on the ground-floor space and sub-ground-floor space of the structure. The principal commercial structure shall be on a minimum of 5,000 square feet of lot space. The proposed uses shall comply with the parking requirements of Part 16. Furthermore, residential units shall not exceed 25% of the structure's use.
§ 12A06 Construction of Residential Units.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
2.
Conversion apartments are excluded and not permitted except as outlined in § 12A05.
3.
With the exception of apartment houses/apartment dwellings constructed on lots equal to or greater than one acre in size, which shall comply with the requirements of § 12A06, Subsection 4, below, all construction of residential units must comply with the lot area, lot width, lot depth, and coverage regulations as outlined in Chapter 27, Part 8, § 807, Subsections 1 and 2, as they apply to the uses above.
[Amended by Ord. No. 999, 6/18/2020]
4.
Apartment houses/apartment dwellings constructed on lots equal to or greater than one acre in size shall comply with the following:
[Added by Ord. No. 999, 6/18/2020]
A.
Lot area, lot width and lot depth requirements of not less than the following dimensions shall be provided for each apartment house or apartment dwelling structure or use hereafter erected, established or altered for any use permitted within this district:
Use | Lot Area (square feet) | Street (feet) | Setback (feet) | Lot Depth (feet) |
|---|---|---|---|---|
Apartment dwellings | 1,000 per unit | 55 | 55 | 100 |
B.
Coverage regulations. Lot coverage shall not exceed 70%. The remainder of the lot must be maintained in a vegetative cover or natural state.
§ 12A07 Use of Existing Nonresidential Buildings.
[Ord. 876, 8/17/2006]
Any nonresidential building, as a principal structure on a lot, may be used for any of the permitted nonresidential uses of this zoning district in accordance with the guidelines of this chapter.
§ 12A08 Construction of Nonresidential Units.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
Construction of a nonresidential unit shall comply with the guidelines of this Chapter and receive appropriate review and approval according to the provisions of the Borough's Zoning Ordinance and Subdivision and Land Development Ordinance.[1]
§ 12A09 Accessory Uses.
[Ord. 876, 8/17/2006]
1.
An accessory structure or use on the same lot which is customarily incidental to a permitted principal use is permitted and shall comply with the provisions contained in the supplemental regulations of this chapter.
2.
Outside storage and display shall comply with the following:
A.
Outside storage or display shall not occupy any part of a street or alley right-of-way and no other area intended or designed for vehicular or pedestrian use, required parking areas or required front yard.
B.
Any outside storage and display is limited to items for sale by retail establishments, shall be displayed behind the building front setback line and shall not block or impede in any way a curb, sidewalk, or thoroughfare commonly used by the public, whether private or public.
C.
Outside storage or display areas shall occupy an area of less than 1/2 of the existing building coverage. In no case shall more than 25% of the lot area be used for outside storage or display.
D.
Outside storage areas shall be fully shielded from view from all public streets and other properties with fencing or adequate plantings.
§ 12A10 Performance Standards.
[Ord. 876, 8/17/2006]
These performance standards apply to all uses in the Mixed-Use Zoning District:
A.
Such uses, operations, or products shall not be obnoxious or offensive by reason of the emission of gas, odor, dust, smoke, noise, vibration, refuse matter or other causes in accordance with § 1313.
C.
There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental to a retail store and when all products are sold on the premises.
D.
Stores, shops and businesses shall be conducted within an enclosed building, unless permitted otherwise as outlined by the regulations in this chapter.
E.
Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents.
§ 12A11 Design Standards.
[Ord. 876, 8/17/2006]
1.
All buildings will maintain a pedestrian-oriented street frontage in design. Solid walls and an unbroken series of garage doors are not permitted on any street frontage.
2.
Buildings shall be oriented to the street. In a development of multiple buildings that takes shape as a complex or campus, the buildings and landscaping shall be oriented in a manner to preserve the character of the public streetscape and compliment the intentions of the Mixed-Use Zoning District ordinance. Refer to § 12A14 for front-yard setback regulations.
3.
Pedestrian amenities, such as sidewalks to front and side entrances of buildings, shall be provided for all nonresidential uses.
4.
Landscaping and buffer yards are required.
A.
If the Borough has an adopted official plan of improvements for within the right-of-way and public space, to include such amenities as sidewalks, street trees, streetlighting, etc., the property owner does not have the right to alter these without specific prior approval from the Borough.
B.
Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.
C.
Parking areas shall be screened from adjacent residential uses, streets and walkways using trees and shrubs.
D.
The interior parking area shall be landscaped with sufficient shade trees to provide 50% shade within 15 years of installation.
E.
Completion of landscaping requirements may be postponed, due to seasonal weather conditions, for a period not to exceed six months from the time of project completion.
F.
All landscaping and screening shall be maintained by the property owner.
§ 12A12 Minimum Height Requirements.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
The minimum height requirement of a building shall be 35 feet.
§ 12A13 Lot Area, Lot Width and Impervious Coverage Regulations.
§ 12A14 Setback Regulations.
[Ord. 876, 8/17/2006]
1.
The following setback regulations apply to all uses permitted within this district, unless otherwise specified herein:
A.
Front yard: none; provided, however, that any new building constructed on a lot within this district or any substantially reconstructed or altered building shall maintain a front yard setback between 0 feet to 20 feet based upon the predominant setbacks of neighboring buildings within the same block.
[Amended by Ord. No. 999, 6/18/2020]
B.
Side yard.
(1)
A nonresidential use, when adjacent to a residential use(s) on one or both sides, must maintain a side-yard setback of at least 10 feet on both sides. Screening requirements apply for nonresidential uses adjacent to a residential use.
(2)
When a nonresidential use is adjacent to nonresidential uses on both sides, no side-yard setbacks apply.
(3)
A residential use must maintain a side-yard setback of eight feet on both sides.
(4)
A mixed residential and nonresidential use must maintain a side yard setback of eight feet on both sides
[Added by Ord. No. 999, 6/18/2020]
C.
Rear yard: 25 feet.
§ 12A15 Impervious Coverage.
[Ord. 876, 8/17/2006; as amended by Ord. No. 999, 6/18/2020]
Lot coverage for all uses in the district shall not exceed 65%, except as provided for in § 12A06, Subsection 4B. The remainder of the lot must be maintained in a vegetative cover or natural state.
§ 12A16 Off-Street Parking Requirements.
[Ord. 876, 8/17/2006]
1.
Parking and access shall be provided in accordance with Part 16, as applicable to the permitted uses in this district.
2.
Parking for conditional uses with a combined floor area more than 10,000 square feet shall be determined by a study to be prepared by the developer and recommended by the Zoning Officer.
3.
Shared parking for uses within one development or complex may be approved, provided that adequate parking is provided for all uses within the development or complex based on the following information:
A.
Type of use and estimated number of total spaces needed during peak conditions.
B.
Estimated parking duration per vehicle trip (turnover rate).
C.
Estimated number of employees; adequate spaces provided for employees working on any given shift.
D.
Based on estimated number of trips generated and average parking duration per trip, plus the number of employees, calculate number of spaces required and which spaces, if any, could be adequately shared between uses.
4.
Parking for all buildings that front a public street shall be to the rear or side of buildings, not in front of buildings, except for on-street curbside parking. Curb cuts shall be limited as determined by the Borough Council upon recommendation of the Zoning Officer.
5.
Change of occupancy or use of a building or unit necessitates compliance with parking regulations and, if necessary, a review by the Zoning Officer and approval by Borough Council.
6.
Parking areas shall be screened from adjacent residential uses, streets and walkways using trees and shrubs.
7.
The interior parking area shall be landscaped with sufficient shade trees to provide 50% shade within 15 years of installation.
§ 12A17 (Reserved) [1]
[1]
Editor's Note: Former § 12A17, Demolition of a Building in the Mixed-Use Zoning District (Ord. 876, 8/17/2006), was repealed by Ord. 946, 3/21/2013.