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Lower Makefield Township
City Zoning Code

ARTICLE XIIIE

Mixed-Use MU Overlay District

§ 200-50.5 Purpose and intent.

The purpose and intent of this district is:
A. 
To provide a mixed-use development option that promotes a harmonious combination of uses incorporating efficient use of land, historic preservation, improved community spaces and increased pedestrian access.
B. 
To promote economic development within the Township.
C. 
To allow a combination of commercial and residential uses in the Office Research District, in close proximity to the Corporate Centers and Edgewood Village, which will create increased live-work-play opportunities to support these vital economic centers.
D. 
To encourage smart development in close proximity to existing infrastructure.
E. 
To create incentives that will encourage the preservation and reuse of historically significant structures.
F. 
To encourage the use of green building technologies and sustainable buildings.
G. 
To encourage pedestrian and vehicular interconnections with adjacent developments to reduce congestion on area roadways.
H. 
To promote walking and biking as transportation alternatives and encourage a healthy lifestyle.
I. 
To recognize that mixed-use developments are unique and require distinct zoning and subdivision standards.

§ 200-50.6 Establishment of overlay district.

The Mixed-Use (MU) Overlay District is established as overlay zoning on specific Office Research (OR) zoned properties as designated on the Township Zoning Map. The provision of the underlying OR District shall govern, unless the Mixed-Use (MU) development option is chosen, then in such instance, all of the provisions of the overlay district must be met and shall supersede the provisions of the underlying district. In the event of a conflict between this article and other sections of the Zoning Ordinance, the provisions of this article shall apply.
A. 
In order to qualify for the mixed-use option, eligible properties must meet the following criteria:
(1) 
The tract shall be located in the Office Research (OR) District.
(2) 
Minimum tract area. The minimum gross tract area for a mixed-use development shall be 30 acres.
(3) 
The tract shall have a minimum of 1,000 feet of frontage on an arterial road and any portion of which shall be within 1/4 of a mile (1,320 feet) of the H-C Historic Commercial District.

§ 200-50.7 Permitted uses.

A. 
The following uses shall be permitted by right, provided that the mix requirement herein is met:
(1) 
Nonresidential uses to include the following:
(a) 
Bed-and-breakfast.
(b) 
Community center.
(c) 
Day-care center, group day-care facility, nursery school, kindergarten.
(d) 
Financial services and banks.
(e) 
General business, professional or government office.
(f) 
Health or fitness club.
(g) 
Hotel.
(h) 
Library or museum.
(i) 
Medical office.
(j) 
Restaurant.
(k) 
Retail or personal service store.
(l) 
Retail store, large.
(m) 
Seasonal/occasional retail or artisan booths.
(n) 
Shopping center.
(2) 
Residential uses to include the following:
(a) 
Single-family attached dwellings.
(b) 
Multiple-family dwellings.
(3) 
Mixed-use buildings with commercial and/or retail space on the first floor and multiple-family dwellings above.
(4) 
Accessory uses:
(a) 
Clubhouse, pool or other recreational amenities.
(b) 
Outdoor seating and/or dining area.
(c) 
Any other uses customarily associated with a permitted use.
B. 
The following uses shall be permitted by conditional use:
(1) 
Drive-in windows and drive-through service for any permitted use subject to the following:
(a) 
Retail establishments and restaurants shall provide a stacking lane to serve a minimum of eight cars.
(b) 
Financial establishments such as banks, savings and loan associates, and credit unions shall provide a stacking lane to serve a minimum of six cars for each drive-in teller window or drive-in ATM.
(c) 
The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(d) 
Establishments with drive-in or drive-through services shall be in a suitable location consistent with the intent of this article and shall not interfere with pedestrian circulation and the use of neighborhood open space.
(2) 
Commercial recreation, indoor or outdoor, subject to the following:
(a) 
Landscaped buffer. A landscaped screen buffer of not less than 15 feet in width shall be required next to any adjacent residential use.
(b) 
Lighting. Lighting shall reflect away from residential areas.
(c) 
Noise impact. Noise impact shall be considered in the design of all facilities and uses to minimize the impact on any adjacent residential use.
(3) 
Restaurant with drive-through service.

§ 200-50.8 Development requirements.

A. 
Tract area. A minimum gross tract size of 30 acres is required at the time of submission of an application for land development plan approval. Subsequently, the tract may be subdivided in accordance with § 200-50.8F below and/or held in separate ownership, provided the overall plan for the mixed-use development conforms to the requirements and standards of the Mixed-Use Overlay District.
B. 
Land use mix requirements. Every mixed-use development shall provide a mix of residential and nonresidential uses. All land within the mixed-use development tract shall be designated as either residential land or nonresidential land. For the purposes of calculating land use, mixed-use buildings shall be considered nonresidential land. Any use(s) or land area(s) accessory to a residential community, such as parking, access, stormwater management areas, green space, clubhouse or other amenities, shall be considered residential land for the purpose of calculating the land use mix requirements.
(1) 
No less than 50% of the base site area of the tract shall be dedicated to nonresidential use.
(2) 
No less than 10% and no more than 40% of the base site area of the tract shall be dedicated to residential use.
C. 
Neighborhood open space. A minimum of 15% of the net buildable area shall be developed as improved neighborhood open space. Neighborhood open space shall consist of green areas, natural areas, parks, pocket parks, plazas, gardens, water features, or other similarly improved common areas and include amenities such as seating areas, decorative lighting or fountains for the benefit of the residents, tenants, customers and/or the general public. Trail and sidewalk connections shall be provided to connect neighborhood open spaces and shall count towards the minimum neighborhood open space requirement. Neighborhood open space is not open space as defined by § 200-7.
[Amended 8-2-2023 by Ord. No. 440]
D. 
Recreational facilities for residents. Any development proposing 100 units or more shall provide a clubhouse/community building of no less than 5,000 square feet in size.
E. 
Permitted density. A mixed-use development may contain up to 12 dwelling units per acre on the portion of the base site area of the tract designated as residential land. Density may be further increased as provided in § 200-50.10. When mixed-use buildings are proposed, the maximum density on the total tract, including residential land, shall not exceed 6.0 du/ac of base site area of the tract.
F. 
Special conveyancing. When the development of a lot and the uses therein are in accordance with the initial unified development plan of the Mixed-Use Overlay District, then a conveyance of a parcel within the development plan shall be permitted upon compliance with the following conditions:
(1) 
A master declaration and irrevocable cross-easements addressing the control and maintenance of the common elements, including, but not limited to, common access and accessways, common green space, landscaping and stormwater facilities. The master declaration and all easements shall be submitted to the Township Solicitor for review and approval prior to recording.
(2) 
Except as otherwise noted herein, the application of zoning regulations, including, but not limited to, building coverage, impervious coverage, parking, loading and landscaping, as well as required area, width and yard regulations, shall apply to the overall mixed-use tract.

§ 200-50.9 Area, dimensional and design standards.

The following requirements shall be met unless otherwise specified for the uses in Article XV, in which case the provisions of Article XV shall apply.
Area and Dimensional Requirements: MU
Requirements for Tract
Maximum building coverage
35% of the net buildable site area of the tract
Maximum impervious surface ratio
65% of the base site area of the tract
Maximum floor area ratio
0.40
Perimeter building setback from the tract boundary and existing road rights-of-way1
50 feet
Building setbacks from internal streets and major driveways
15 feet
Maximum building height. The maximum building height shall not apply to historic buildings to be preserved and decorative cupolas, spires, or clock towers.**
50 feet
NOTES:
1 The provisions of § 200-63 do not apply.
** The provisions of maximum building height do not apply if permitted by the Board of Supervisors during the process of reviewing and approving a subdivision or land development application.
A. 
Requirements for multiple-family dwellings.
(1) 
Maximum building length: 175 feet.
(2) 
Minimum building separation: 35 feet.
B. 
Requirements for single-family attached dwellings.
(1) 
Single-family attached dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than seven such dwellings may be so attached in any one group, and the total length of the group shall not exceed 175 feet.
(2) 
Minimum width per dwelling unit: 20 feet.
(3) 
Minimum building separation: 25 feet.
C. 
Requirements for mixed-use buildings.
(1) 
Maximum building length: 125 feet.
(2) 
Minimum building separation: 25 feet.
(3) 
Maximum units per building: 16.
D. 
Requirements for retail store, large.
(1) 
Maximum net floor area: 20,000 square feet except for supermarkets, which may exceed 20,000 square feet, provided that the sales floor area would be comprised of at least 60% grocery items, prepared food sales, and household supplies.
E. 
Architectural design.
(1) 
The applicant shall submit architectural renderings for all residential and nonresidential buildings. Such renderings shall depict the scale, mass, materials and colors of the proposed buildings.
(2) 
The applicant shall submit renderings for the main entry feature including structures, plantings and signage. Such renderings shall depict the scale, mass, materials and type of illumination of the proposed entry feature.
(3) 
The applicant shall submit an application for a certificate of appropriateness for any preservation and reuse of historically significant buildings listed in the Survey of Historic Resources in Lower Makefield 2007-2008, as amended from time to time, where applicable, together with the building plans and specifications filed by the applicant for review by the Historical Architectural Review Board. In addition, the HARB may require elevation drawings of any modifications, the repair, replacement, reconstruction, demolition or relocation of any structure or object or any part of a structure which is visible from the public way.

§ 200-50.10 Bonus provisions.

To encourage the preservation of historically significant buildings, increased pedestrian and vehicular connections, higher quality environments, green technology and sustainable design features, increases in the base density and woodlands disturbance are permitted in accordance with the following table. Increases are cumulative and may be combined for a maximum of 50% woodland disturbance, and a maximum density increase of 2 1/2 dwelling units per acre of residential land (2.5 DU/AC).
Bonus Feature
Bonus Feature Standard
Bonuses
Historic building preservation
The preservation and reuse of historically significant building(s) present on the tract as determined by the Board of Supervisors
10% additional woodland disturbance, or an additional 1.5 DU/AC, per structure preserved and reused
Significant off-site pedestrian connections
The installation of significant off-site pedestrian connections as noted in the Township Comprehensive Plan as determined by the Board of Supervisors
10% additional woodland disturbance, or an additional 2.5 DU/AC
Green roof
Install a green roof or roofs covering at least 80,000 square feet of the total roof area of all building on the tract. The facility shall be designed and installed under the direction of a professional with demonstrated expertise in the design and construction of such facilities.
5% additional woodland disturbance or an additional 0.5 DU/AC
Stormwater infrastructure
Provide stormwater management facilities that will reduce the overall rate of runoff 10% more than the minimum required by state and local regulations as determined by the Township Engineer
5% additional woodland disturbance and an additional 0.5 DU/AC
Interconnections
Construction of vehicular driveway and/or pedestrian facilities to connect directly with an adjacent existing or proposed development
5% additional woodland disturbance and an additional 0.5 DU/AC
Alternative transportation infrastructure
Provide at least 5 charging stations for electric automobiles and one of the following: 5 parking spaces designated for car-sharing pickup and dropoff, or bicycle racks designed to accommodate 10 bicycles
5% additional woodland disturbance
Energy-efficient buildings and construction
Building designs, materials, system and construction techniques that produce an ENERGY STAR® score of at least 75% for at least 30% of the total buildings on the tract. The applicant shall provide a monitoring plan to track compliance.
5% additional woodland disturbance

§ 200-50.11 Parking standards.

A. 
Nonresidential. Parking for nonresidential uses within the Mixed-Use Overlay District shall be provided at a rate of not less than five spaces per 1,000 square feet of floor space.
B. 
Residential.
(1) 
Multiple-family dwellings and mixed-use buildings: 1.5 spaces per dwelling unit.
(2) 
Single-family attached dwellings: two spaces per dwelling unit.
C. 
Shared parking. The overall required number of spaces may be reduced by the Board of Supervisors during the process of reviewing a mixed-use development, provided a shared parking analysis is submitted by the applicant.
D. 
Reserved parking. At the request of the applicant, up to 15% of the required parking may be placed in reserve in accordance with § 200-78K.
E. 
Perpendicular parking spaces shall be a minimum of nine feet wide by 18 feet long. Parallel parking spaces shall be eight feet wide by 22 feet long. Driveway aisles and internal cartways shall be 24 feet wide for two-way traffic and 12 feet wide for one-way traffic.
F. 
All parking areas shall be set back 20 feet from the tract boundaries and existing road rights-of-way.

§ 200-50.12 Signage.

A. 
Nonresidential signage in the Mixed-Use Overlay District shall comply with § 200-85A and B.
B. 
Residential signage in the Mixed-Use Overlay District shall comply with § 200-84.