Forest Hills City Zoning Code
PART 5
MXO MIXED USE OVERLAY DISTRICT
§ 27-501 Purpose.
[Ord. 907, 5/16/2007, § 501]
1.
The Mixed Use Overlay District is established to:
A.
Create a pedestrian-oriented area that provides the opportunity to expand available services, shops and jobs for residents.
B.
Introduce additional opportunities for higher intensity residential uses.
C.
Increase opportunities for a mixture of uses while enhancing the presence of development along Ardmore Boulevard and Yost Boulevard.
D.
Encourage the improvement of underutilized areas through integrated physical design.
§ 27-502 Procedure.
[Ord. 907, 5/16/2007, § 502]
A subdivision or land development proposed within the Mixed Use Overlay District shall be based on a development plan submitted as part of an application for preliminary or final approval. The development plan shall be prepared and submitted by a landowner and/or developer and shall be reviewed by the Planning Commission and approved by the Borough Council.
§ 27-503 Permitted and Conditional Uses.
[Ord. 970, 5/16/2007, § 503; as amended by Ord. 1048, 3/25/2015; by Ord. 1053, 11/18/2015, and by Ord. No. 1083, 10/16/2019]
The following are the permitted and conditional uses in the Mixed Use Overlay District:
Residential Uses | MXO |
Apartments | CU |
Multi-use (commercial ground floor) buildings | CU |
Multi-family dwellings | CU |
No Impact Home-based business | CU |
Nonresidential Uses | |
Bank | P |
Child day-care center | CU |
Child day-care facility | CU |
Emergency services, public | P |
Hotel | P |
Medical or dental clinics | CU |
Mobile food vehicle | P |
Office, professional | P |
Personal service shop | P |
Recreation facility, public | P |
Nonresidential Uses | |
Retail sales and service | P |
Restaurant | CU |
Short-term vacation rentals | CU |
Accessory Uses | |
Uses Accessory to the Principal Use | P |
§ 27-504 Dimensional Requirements.
§ 27-505 Common Open Space and Landscaping.
[Ord. 907, 5/16/2007, § 505]
1.
Common Open Space.
A.
Twenty percent of the gross lot area shall be reserved for common open space.
B.
The requirement of open space shall not be satisfied through the utilization of required setbacks, parking areas, driveways, service areas or slopes greater than 15%.
C.
Common open space should, to the greatest extent possible, be centrally located within the district and be contiguous with adjacent lots common open space.
D.
A minimum of 50% of the required common open space shall be planted with trees, shrubs and perennial and/or seasonal plantings.
E.
Common open space shall be a minimum of 20 feet wide.
2.
One landscape island measuring 150 square feet in area shall be constructed for every 10 parking spaces. The island shall contain a minimum of one deciduous tree with a minimum of three inches in diameter at breast height (dbh) and ground cover covering 50% of the island's area at installation.
3.
Buffer areas shall be provided along the perimeter of the lot between the overlay district and another zoning district. Buffer areas shall be a minimum of eight feet wide and include a planting strip consisting of trees, bushes and/or hedges.
4.
Within any buffer area adjacent to a street, a minimum five-foot wide strip shall be provided for the installation of street trees. The planting strip shall be located behind the back of the curb. Street trees shall be a minimum of three inches in diameter at breast height (dbh). One tree shall be planted a maximum average of every 35 feet on center within buffer areas and along all streets.
§ 27-506 Supplemental Regulations.
[Ord. 907, 5/16/2007, § 506]
1.
Streets.
A.
To minimize pedestrian and vehicle conflicts, the street system within the Mixed Use District shall act as a functional and visual link between residential neighborhoods, open spaces, civic and nonresidential uses.
B.
The circulation system shall include streets, alleys, service/access drives and parking aisles. All streets and service/access drives shall conform to the Borough's Construction Standards and shall be dedicated to the Borough upon request.
C.
Vehicular cartways shall be a maximum of 24 feet and minimum of 20 feet in width between the inside curbs.
2.
Parking.
A.
Parking areas shall be constructed within centralized location(s) accessible to multiple land uses. If said layout can be demonstrated not to be physically feasible, then said parking shall be located to the rear or side of the lot's structures. Multiple parking areas shall be interconnected to the greatest extent possible.
B.
Parking shall be provided behind the front building line.
C.
No parking spaces, storage of goods and the like shall be permitted in the front of any building within the Mixed Use District. No single parking area shall exceed 30% of the overall lot.
D.
Parking shall be accessed from any right-of-way other than Ardmore Boulevard.
E.
Two spaces per residential unit and three spaces per 1,000 square feet of nonresidential space shall be provided.
F.
Shared parking between uses shall be voluntary, but is encouraged.
3.
Service Areas.
A.
Service, loading areas/docks, dumpsters, mechanical equipment areas and fire escapes shall not be visible from public right-of-ways, on-site residential development or from surrounding residential districts.
B.
All service and loading areas shall not be visible from right-of-ways and shall be screened with a masonry wall a minimum of six feet in height as approved by Borough Council or an evergreen hedge not less than 80% in opacity.
5.
Sidewalk Network.
A.
In addition to the applicable plans, studies and reports as required as part of the Borough's requirements, all landowners and/or developers shall prepare a sidewalk plan that shall illustrate all facilities for pedestrian movement and that shall comply with Borough Construction Standards or other applicable ordinances.
B.
Sidewalks shall be constructed along a minimum of one-side of each right-of-way internal to a land development. Sidewalks shall be interconnected with one another and shall minimize conflicts with vehicular circulation.
C.
Sidewalks immediately adjacent to buildings shall have a minimum width of 10 feet. Sidewalks within parking lots or that connect parking lots to a building shall have a minimum width of five feet. Sidewalks or pedestrian connections adjacent to a public right-of-way shall be a minimum of five feet wide.
6.
Utilities shall be located underground where possible. Above ground utilities shall be located to minimize conflicts between pedestrian and vehicular movement and maximize safety.
7.
Window glazing in all land developments shall be transparent.
A.
No front facade on the ground floor of any building or structure shall have less than 70% of its surface area constructed of glazing.
B.
No front or rear facade on the upper floors of any building or structure shall have less than 50% of its surface area constructed of glazing if used as nonresidential space.
(1)
No front or rear facade on the upper floors of any building or structure shall have less than 30% of its surface area constructed of glazing if used as residential space.
8.
Height of Structures. Any building and/or structure located partially or wholly within 100 feet of a lot situated in a residential district shall not exceed 35 feet in height. Any building entirely located outside of the one-hundred-foot boundary shall be permitted to have a maximum height of 60 feet.
§ 27-507 Voluntary Design Enhancements.
[Ord. 907, 5/16/2007, § 507]
(Reserved)
§ 27-508 Performance Standards for Short-Term Vacation Rentals.
[Added by Ord. No. 1083, 10/16/2019]
1.
Short-term vacation rentals shall be carried on wholly within the principal structure.
2.
Exterior displays or signs other than those permitted in Part 8 of this chapter, exterior signage of material and exterior indication of the short-term vacation rental or variation from the residential character of the principal structure shall not be permitted.
3.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of § 27-1001 of this chapter.
4.
The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.
5.
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
6.
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
7.
The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
8.
The use shall not cause a negative impact on lot values in the immediate neighborhood.
9.
The short-term vacation rental shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.