Honey Brook City Zoning Code
PART 5
MUR - Mixed Use Residential District
§ 27-501 Purpose.
[Ord. No. 247-2018, 9/17/2018]
In accordance with the planning goals of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan, and the purpose statements and community development objectives set forth in Part I of this Ordinance, the MUR — Mixed Use Residential District is established to provide for a broad mix of residential, community institutional, and Life Plan Community uses. The MUR District has been established in the Borough where convenient access and public water and sewer are available. The MUR District is intended to provide for a mix of dwelling unit types serving all ages, physical abilities, and incomes, located within walkable distances to commercial and institutional services. A mixed use residential development can have a portion devoted to commercial or other non-residential uses, and existing lots may be eligible for a commercial establishment. The regulations set forth herein are intended to achieve the following specific purposes:
A.
To provide for diverse residential living opportunities for all ages, physical abilities, and incomes, including the provision of housing for those interested in aging in place;
B.
To accommodate planned residential communities in locations which can feasibly be served by public water and sewer systems, and with convenient access to public roads and community services;
C.
To allow for small existing lots of record to continue to be used for residential and/or limited commercial purposes;
D.
To guide development in a manner that preserves the character of the existing residential neighborhoods; and
E.
To provide opportunity and incentives for the receipt of Transferable Development Rights (TDR) in the Borough and Township, both to enhance mixed-use development opportunities and to support conservation of lands in designated TDR sending areas within the Township.
§ 27-502 Use Regulations.
[Ord. No. 247-2018, 9/17/2018]
The following uses are permitted within the MUR District when in compliance with the provisions of this district and any other applicable provisions of this Chapter.
A.
Uses permitted by right. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses, together with the permitted accessory uses, by right in accordance with the terms of this Chapter:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Retail establishment and personal service shops. A building used for a retail establishment and personal service shops may include an upper floor dwelling unit, or function as a live-work unit, subject to any applicable provisions herein. Uses excluded from this option include auto service stations, fuel dispensing facilities, commercial car washes, and accessory drive-thru services.
4.
Emergency services station.
5.
Library and similar public uses.
6.
Public utility buildings and facilities.
7.
Agricultural uses.
8.
Forestry/timber harvesting.
9.
Club or lodge.
10.
Municipal use, including recreation, publicly owned.
11.
No-impact home occupation.
12.
Group homes.
13.
Personal care homes.
B.
Uses permitted by special exception. Within the MUR — Mixed Use Residential District the following uses may be permitted by the Zoning Hearing Board as a Special Exception in accordance with the provisions set forth in Part 14 of this Chapter. Special Exception uses shall be compatible with the surrounding neighborhood and shall not be detrimental to public health, safety, or welfare:
C.
Uses permitted as conditional use. Within the MUR — Mixed Use Residential District the following uses shall be permitted when approved as a Conditional Use by Borough Council:
1.
Accessory dwelling.
2.
School, public or private.
3.
Limited-impact home occupation.
4.
Church or similar place of worship.
5.
Cemetery or mausoleum.
6.
Day care facility.
7.
Multi-family dwellings or more than one (1) upper floor dwelling in a non-residential use permitted in this district.
8.
Planned Mixed Use Residential Development, which may include up to thirty (30) percent of non-residential uses without TDR receipt, and up to fifty (50) percent of non-residential uses with TDR receipt. Permitted non-residential uses shall include any use permitted by right in this District or by right in the Mixed Use Commercial (MUC) District.
9.
Assisted living facility or skilled nursing facility.
10.
Life Plan Community.
11.
Conference center.
12.
Recreational use, outdoor or indoor.
13.
Any other use not elsewhere provided for, and not excluded from, this District which is, in the judgment of the Council, of the same general character as the uses permitted herein.
D.
Accessory Uses. The following accessory uses shall be permitted, where in compliance with all applicable provisions of this Chapter and provided that they shall be incidental to any of the foregoing permitted uses:
1.
Private garage or private parking area.
2.
Agricultural and non-agricultural accessory buildings.
3.
Non-commercial swimming pool/hot tub and tennis courts.
4.
Non-commercial antennas and towers.
5.
Renewable energy systems.
6.
Garage/yard and private vehicle sales.
7.
Keeping of animals.
8.
Temporary structure, building, or use.
9.
Other customary accessory structures and uses.
§ 27-503 Area and Bulk Regulations.
[Ord. No. 247-2018, 9/17/2018]
A.
Area and Bulk Regulations for Single-family detached and Two-family dwelling:
1. | Minimum lot area for single-family detached | 8,500 sq.ft | |
2. | Minimum lot area for two-family | 5,500 sq.ft. per unit | |
3. | Minimum lot width at street line | 50 feet | |
4. | Minimum lot width at building line | ||
a. | Single-family detached | 75 feet | |
b. | Two-family | 40 feet per unit | |
5. | Minimum setback from street right-of-way | 25 feet | |
6. | Minimum side yard | 20 feet cumulative, but not less than 8 feet on any side | |
7. | Minimum rear yard | 25 feet | |
8. | Maximum impervious lot coverage | 50% | |
9. | Maximum building height | 35 feet | |
B.
Area and Bulk Regulations for any other single principal use including a commercial use permitted in Section 27-502.A.3, or as a single live-work unit, or with apartments on upper levels, and not part of a Planned Mixed Use Residential Development or Life Plan Community:
1. | Minimum lot area for principal use | 1/2 acre |
2. | Minimum lot width at street line | 50 feet |
3. | Minimum lot width at building line | 150 feet |
4. | Minimum setback from street right-of-way | 25 feet |
5. | Minimum side yard | 30 feet cumulative, but not less than 10 feet on any side |
6. | Minimum rear yard | 25 feet |
7. | Maximum impervious lot coverage, | 50 percent, may be increased up to 70% through receipt of TDRs |
8. | Maximum building height, | 35 feet; may be increased up to 45 feet through receipt of TDRs |
C.
Area and Bulk Regulations for Planned Mixed-Use Residential Development, including Multi-family development and any permitted non-residential component(s). Note: for that portion of any Planned Mixed-Use Residential Development proposed for single-family detached or two-family dwellings, the Applicant shall demonstrate compliance with the area and bulk regulations of Section 27-503.A. herein, calculated separately from compliance with any area and bulk regulations applicable pursuant to this section.
1. | Minimum Lot (tract) Area | 2 acres | ||
2. | Minimum lot (tract) width at street line | 50 feet | ||
3. | Minimum lot (tract) width at building line | 200 feet | ||
4. | A minimum of 20% of the net lot area of the entire tract shall comprise permanent green space. Such green space may be included within the net lot area of the tract for purposes of calculating permitted residential density as provided below. Additional lands, including lands not contributing to calculation of net lot area (e.g., wetlands) may also be included in designated open space. Ownership and maintenance of open space shall comply with the provisions of Part 20, "Open Space Design Option." | |||
5. | Maximum residential density, measured in dwelling units (du): | |||
a. | Without receipt of TDRs | |||
i. | Residential mix with less than 50% apartments | 4 du/Net Acre | ||
ii. | Residential mix with 50% or more apartments | 5 du/Net Acre | ||
b. | With receipt of TDRs | |||
i. | Residential mix with less than 50% apartments | 8 du/Net Acre | ||
ii. | Residential mix with 50% or more apartments | 10 du/Net Acre | ||
6. | Minimum tract perimeter setback | 25 feet | ||
7. | Minimum setback from the right of way of any street or curb of any internal access drive | 25 feet, or the average of buildings on adjacent lots | ||
8. | Minimum separation between principal structures: | |||
a. | side to side, within 60 degrees of parallel, at the narrowest point | 30 feet, or the average of buildings on adjacent lots | ||
b. | any other measurement of building separation | 50 feet, or the average of buildings on adjacent lots | ||
9. | Maximum length of individual structure | 150 feet | ||
10. | Maximum lot coverage | 50 percent; may be increased up to 70% through receipt of TDRs | ||
11. | Maximum building height | 35 feet; may be increased up to 45 feet through receipt of TDRs | ||
D.
Area and Bulk Regulations for Life Plan Community.
1. | Minimum Net Lot Area or Net Tract Area | 10 acres | ||
2. | Minimum lot (tract) width at street line | 50 feet | ||
3. | Minimum lot (tract) width at building line | 300 feet | ||
4. | A minimum of 30% of the net lot area of the entire tract shall comprise permanent green space. Such green space may be included within the net lot area of the tract for purposes of calculating permitted residential density as provided below. Additional lands, including lands not contributing to calculation of net lot area (e.g., wetlands) may also be included in designated green space. | |||
5. | Maximum residential density, measured in dwelling units (du): | |||
a. | Without receipt of TDRs | |||
i. | Residential mix with less than 50% apartments | 5 du/Net Acre | ||
ii. | Residential mix with 50% or more apartments | 7 du/Net Acre | ||
b. | With receipt of TDRs as provided in Part 7. | |||
i. | Residential mix with less than 50% apartments | 8 du/Net Acre | ||
ii. | Residential mix with 50% or more apartments | 12 du/Net Acre | ||
c. | To calculate maximum density, an Independent Living Residence is equivalent to one (1) dwelling unit, an Assisted Living Residence is equivalent to 0.75 dwelling units, and a Personal Care residence is equivalent to 0.5 dwelling units. | |||
6. | The total number of skilled nursing beds shall equal no more than 50% of the total number of Independent Living Residences, Assisted Living Residences, and Personal Care residences provided, except where applicant demonstrates actuarial information satisfactory to the Council justifying a higher number. | |||
7. | Minimum tract perimeter setback | 25 feet, except that no principal structure shall be located closer to a property boundary than a distance equal to the structure height. | ||
8. | Minimum setback from any street or internal access way: | 25 feet; Building setbacks from parking lots may be reduced to 15 feet, measured from the cartway edge or curbline. | ||
9. | Minimum separation between principal structures, excluding enclosed breezeways no more than one and a half stories in height: | |||
a. | side to side, within 60 degrees of parallel, at the narrowest point | 30 feet | ||
b. | any other measurement of building separation | 50 feet | ||
10. | Maximum length of individual principal structure, excluding enclosed breezeways no more than one and a half stories in height | 150 feet | ||
11. | Maximum lot coverage, (includes allocation for non-residential set-aside), may be increased up to 70 percent through receipt of TDRs | 50 percent | ||
12. | Maximum building height | 35 feet; may be increased up to 50 feet through receipt of TDRs, provided that no more than 50% of the total building footprint within the Life Plan Community may exceed 3 stories in height. Where approved as a condition of conditional use approval, building height may be extended above the applicable maximum height in order to accommodate skylights, pitched roofs and similar architectural features that do not involve floor space occupied by persons. | ||
§ 27-504 Design Standards.
§ 27-505 Adaptive Reuse for Historic Preservation
[Ord. No. 247-2018, 9/17/2018]
Any existing structure located on a lot where the subject lot is identified on the Historic Resources Map for Honey Brook Borough as shown in the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan, and where such lot has frontage on Horseshoe Pike (State Route 322), may be adaptively reused for purposes of viable on-going preservation of the historic property, subject to approval of applicable zoning permit requirements, compliance with any applicable regulation of Parts 9 and 10 of this Chapter, and the following regulations.
A.
Adaptive Reuse Permitted by Right.
1.
Limited Impact home occupation.
2.
Business, professional, medical, or dental office.
3.
Custom shop for making articles or products sold at retail on the premises, such as custom clothing, art, needlework, baked goods or confectionery.
4.
Museum, gallery or cultural studio.
5.
Personal service shop, such as barber, beauty, shoe repair or dressmaking shop.
6.
Restaurant, provided that all food and drink shall be prepared, served and consumed within the building or seasonally within a suitable adjacent outdoor sitting area.
7.
Small-scale, single-use specialty retail store, limited to a traditional gift shop, antique shop or tack shop.
8.
Bed-and-breakfast establishment, subject to all other supplemental provisions of this Chapter.
9.
Day Care Facility.
10.
Funeral home.
11.
Multi-family dwellings subject to the specific requirements set forth in Subsection D below.
B.
No internally illuminated signs shall be permitted for the adaptive re-use.
C.
Modifications to Area and Bulk Regulations Otherwise in Effect
Area and bulk regulations shall generally apply to both principle and accessory structures; however, applicable area and bulk regulations may be modified where approved by Borough Council as a Conditional Use. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s) for adaptive reuse.
D.
Specific Requirements for Adaptive Reuse for Multi-Family Dwellings
1.
Each proposed multi-family dwelling unit shall have a minimum floor area of 600 square feet.
2.
Individual dwelling units may be sold as separately owned units, e.g., "condos," or may be held in single ownership as rental units.
3.
Where any elements of the parcel subject to subdivision and land development are to be held in common, including open space and stormwater management facilities, an association may be required to be established to manage any such elements, and the declaration of such association shall be subject to review and approval of the Township Solicitor as part of the land development application.
4.
Existing structural footprints shall not be extended or enlarged, except to add detached and attached accessory garages, storage areas, outdoor patios and covered terraces. Alterations to existing buildings may also be made to provide for new points of entry to facilitate direct access to individual dwelling units. All such alterations shall be subject to conformance with stormwater management regulation or any other regulation applicable at the time of the proposed alteration(s) and shall be compatible with the historical architectural context of the existing historic structures.