Honey Brook Township
City Zoning Code
City Zoning Code
PART 5
MUR - MIXED USE RESIDENTIAL DISTRICT
§ 27-501 Purpose.
[Ord. No. 196-2018, 9/12/2018]
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 Article I of this Chapter, 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 Township and Honey Brook 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 nonresidential 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 Township and Borough, 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. 196-2018, 9/12/2018]
The following uses are permitted within the MUR District when in compliance with the provisions of this district, the applicable provisions of Part 9, General Regulations, the applicable provisions of Part 10, Supplemental Use Regulations, 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)
Single-family detached dwelling.
(2)
Two-family dwelling.
(3)
Commercial Retail or Service Establishments on Lots of at Least 1/2 Acre and Not Larger than Two Acres in Size Existing at the Time of Ordinance Adoption. The commercial establishment shall only operate between the hours of 7:00 a.m. and 9:00 p.m. Monday through Saturday, and 12:00 noon and 9:00 p.m. on Sunday. A building used for a commercial establishment may include an upper-level apartment, 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-through services.
[Amended by Ord. No. 197-2019, 7/10/2019]
(4)
Emergency services station.
(5)
Library and similar public uses.
(6)
Public utility buildings and facilities.
(7)
Agricultural uses.
(8)
Forestry/timber harvesting.
(9)
Municipal use.
(10)
No-impact home occupation.
(11)
Non-tower wireless communications facility.
(12)
Group home.
(13)
The receipt of transferable development rights (TDRs) under the applicable provisions set forth herein.
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 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:
(1)
Boarding/rooming house.
(2)
Day-care facility for adults or children.
(3)
Club or lodge.
(4)
Bed-and-breakfast establishments.
(5)
Elder cottage housing opportunity (ECHO) dwelling.
(6)
Limited-impact home occupation.
(7)
Church or similar place of worship.
(8)
Cemetery or mausoleum.
(9)
Multifamily dwellings or more than one upper-level apartment in a nonresidential use permitted in this district.
(10)
Assisted living facility, personal care home, or skilled nursing facility.
(11)
Life plan community.
(12)
Conference center.
(13)
Recreational use, outdoor or indoor.
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 the Board of Supervisors in accordance with Part 13 of this Chapter:
(1)
School, public or private.
(2)
Planned mixed-use residential development, which may include up to 30% of nonresidential uses without TDR receipt, and up to 50% of nonresidential uses with TDR receipt. Permitted nonresidential uses shall include any use permitted by right in this district or by right in the Mixed Use Commercial (MUC) District.
(3)
Any other use not elsewhere provided for, and not excluded from, this district which is, in the judgment of the Board of Supervisors, 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 nonagricultural accessory buildings.
(3)
Noncommercial swimming pool/hot tub and tennis courts.
(4)
Noncommercial 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. 196-2018, 9/12/2018]
A.
Area and Bulk Regulations for Single-Family Detached and Two-Family Dwelling:
(1)
Minimum net lot area for single-family detached: 8,500 square feet.
(2)
Minimum net lot area for two-family: 5,500 square feet per unit.
(3)
Minimum lot width at street line: 50 feet.
(5)
Minimum setback from street right-of-way: 25 feet.
(6)
Minimum side yard: 20 feet cumulative, but not less than eight feet on any side.
(7)
Minimum rear yard: 25 feet.
(9)
Maximum building height: 35 feet.
B.
Area and Bulk Regulations for any other single principal use including a commercial use permitted in § 27-502A(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 net 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.
C.
Area and Bulk Regulations for Planned Mixed-Use Residential Development, Including Multifamily Development and Any Permitted Nonresidential 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 § 27-503A herein, calculated separately from compliance with any area and bulk regulations applicable pursuant to this Section.
(1)
Minimum net lot area of parent tract: two acres.
(2)
Minimum lot width at street line: 50 feet.
(3)
Minimum lot 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.
(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.
(9)
Maximum length of individual structure: 150 feet.
(10)
Maximum lot coverage: 50%; 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 of parent tract: 10 acres.
(2)
Minimum lot width at street line: 50 feet.
(3)
Minimum lot 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. Ownership and maintenance of green space shall comply with the provisions of Part 20, Open Space Design Option.
(5)
Maximum residential density, measured in dwelling units (Du):
(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 approving body 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.
(10)
Maximum length of individual principal structure, excluding enclosed breezeways no more than 1 1/2 stories in height: 150 feet.
(11)
Maximum lot coverage: 50%. (includes allocation for nonresidential set-aside): may be increased up to 70% through receipt of TDRs.
(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 three stories in height. Where approved as a condition of zoning 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.
[Ord. No. 196-2018, 9/12/2018]
A.
The following design standards shall govern all uses, as applicable, in this zoning district:
B.
Enclosure of Activity. All of the following activities permitted within this district shall be conducted in completely enclosed buildings, except as provided herein.
(1)
Commercial establishments permitted by § 27-502A(3), except that outdoor display shall be permitted pursuant to § 27-906H of this Chapter.