Honey Brook City Zoning Code
PART 6
MUC - Mixed Use Commercial District
§ 27-601 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 Chapter, the MUC — Mixed Use Commercial District is established to provide for a broad mix of retail, service commercial, and community institutional development. The MUC District has been established in the Borough and Honey Brook Township where convenient access and public water and sewer are available. The MUC District is intended to provide for larger-scale and automobile-oriented uses which may not be compatible within the Borough's Town Center, but still located within walkable distances to residential neighborhoods in and around the Borough. The regulations set forth herein are intended to achieve the following specific purposes:
A.
To provide for a variety of uses which will be an asset to the Honey Brook community, both from the standpoint of local service and in terms of diversification of the local tax base;
B.
To accommodate larger scale uses in locations which can feasibly be served by public water and sewer systems, and with convenient access to the principal roads of the Borough;
C.
To allow existing businesses to grow and new businesses to establish, consistent with Chapter standards.
D.
To assure that non-residential activities will be conducted in a manner which respects the surrounding residents and land owners;
E.
To provide incentives to individuals who are willing to develop in a manner which respects the architectural heritage of the Borough; and
F.
To provide opportunity and incentives for the receipt of Transferable Development Rights (TDR) in both 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.
§ 27-602 Use Regulations.
[Ord. No. 247-2018, 9/17/2018]
The following uses are permitted within the MUC 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 the Chapter:
1.
Retail establishments, including grocery and convenience stores, involving the sale of goods or services to the general public, excluding drive-up or drive-thru services, automobile service stations, or fuel-dispensing facilities.
2.
Restaurant, including take-out, and outdoor cafes.
3.
Public establishment, including bars and taverns.
4.
Personal service shops.
5.
Business, professional, medical, dental, or government office building, including medical clinics, and multiple offices if contained in a single building, but excluding treatment centers.
6.
Financial service establishment, including bank, brokerage, and savings and loan institution.
7.
Live-work units and upper floor dwelling units, as a secondary use to any principal use permitted herein.
8.
Municipal use, including recreation, publicly owned.
9.
Recreational use, indoor.
10.
Emergency services station.
11.
Library or similar public uses.
12.
Public utility buildings and facilities.
13.
Club or lodge.
14.
Church or other place of worship.
15.
Schools, public and private.
16.
Funeral home, including crematorium as an accessory use associated with the operation of the funeral home.
17.
Veterinary office or clinic, or animal hospital.
18.
Agricultural uses.
19.
Forestry/timber harvesting.
20.
Single family detached dwelling.
21.
Upper floor dwelling units above commercial establishment.
22.
No-impact home occupation, as a secondary use to any single-family detached dwelling permitted herein.
23.
Group homes.
B. WITHIN THE MUC
Uses permitted by special exception.
Mixed Use Commercial 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 MUC — Mixed Use Commercial District any one of the following uses shall be permitted when approved as a Conditional Use by the Council in accordance with Part 13 of this Chapter:
1.
The receipt of Transferable Development Rights (TDRs) under the applicable provisions of this Chapter.
2.
Planned mixed-use commercial development including any combination of two or more principal uses on a single lot or tract, whether individually permitted by right, special exception or conditional use, and including shopping center, live-work units, commercial or office uses with upper floor dwelling units, but excluding mobile home park. Such uses shall conform to all applicable standards herein.
3.
Limited impact home occupation.
4.
Accessory dwelling not already allowed for by right.
5.
Food stand, fast food restaurant, or restaurant with drive-through service.
6.
Drive-thru services when proposed as part of a pharmacy or financial institution.
7.
Hotel, motel, inn.
8.
Day care facility.
9.
Parking garage.
10.
Contracting shop.
11.
Lumberyard and garden supply store.
12.
Commercial greenhouse or nursery.
13.
Cemetery or mausoleum.
14.
Recreational use, outdoor.
15.
Treatment center.
16.
Life Plan Community
17.
Planned Mixed Use Residential Development which may include by to fifty (50) percent of non-residential uses. Permitted non-residential uses shall include any use permitted by right in the MUC District.
18.
Any other use not elsewhere provided for, and not excluded from, this District which is, in the judgment of Borough 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.
§ 27-603 Area and Bulk Regulations.
[Ord. No. 247-2018, 9/17/2018]
All uses permitted in this district shall be served by public water and sewer, and shall comply with the following requirements:
A.
Area and Bulk Regulations for any single principal use, not part of a planned mixed-use development.
1. | Minimum Net Lot Area | 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 cumulative, but not less than 8 feet | 20 feet |
6. | Minimum rear yard | 25 feet |
7. | Maximum impervious lot coverage, may be increased up to 70 percent through receipt of TDRs | 55 percent |
8. | Maximum building height for single family detached dwelling | 35 feet |
9. | Maximum building height for all other uses | 35 feet; may be increased up to 50 feet through receipt of TDRs |
B.
Area and Bulk Regulations for Planned Mixed-use Commercial Development including combinations of two (2) or more principal uses on a single lot or tract, whether individually permitted by right, special exception or conditional use.
1. | Minimum net lot or tract area | ||
a. | Entire tract area | 2 acres | |
b. | Individual lots created as part of a planned mixed-use development | 10,000 sq.ft. | |
2. | Minimum lot width at street line | ||
a. | Entire tract area | 150 feet | |
b. | Individual lots part of a planned mixed-use development, where provided | 50 feet | |
3. | Minimum lot width at building line | ||
a. | Entire tract area | 150 feet | |
b. | Individual lots as part of a planned mixed-use development, where provided | 80 feet | |
4. | Minimum setback from public street right-of-way; Building setbacks from private internal access drives may be reduced to 5 feet | 15 feet | |
5. | Minimum side yard | 20 feet cumulative, but not less than 8 feet | |
6. | Minimum rear yard | 25 feet | |
7. | Maximum impervious lot coverage | 55 percent; may be increased up to 70 percent through receipt of TDRs | |
8. | Maximum building height for single family detached dwellings | 35 feet | |
9. | Maximum building height for all other uses | 35 feet; may be increased up to 50 feet through receipt of TDRs | |
C.
Area and Bulk Requirements for Planned Mixed-Use Residential Development and Life Plan Communities. For portions proposed for single-family detached or two-family dwellings as part of a Planned Mixed-Use Residential Development, the Applicant shall demonstrate compliance with the area and bulk regulations of Section 27-503.A., calculated separately from compliance with any area and bulk regulations applicable pursuant to this section. For portions proposed for multi-family residential development as part of a Planned Mixed-Use Residential Development, the Applicant shall demonstrate compliance with the area and bulk regulations of Section 27-503.C, calculated separately from compliance with any area and bulk regulations applicable pursuant to this section. For Life Plan Communities, the Applicant shall demonstrate compliance with the area and bulk regulations of Section 27-503.D."
§ 27-604 Design Standards.
§ 27-605 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.