Garage or parking area for the parking of passenger automobiles including noncommercial trucks and vans, and driveways in accordance with this chapter and the Borough Subdivision and Land Development Ordinance.[1]

Structures such as, but not limited to, shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts and noncommercial greenhouses. Utility structures such as generators and storage tanks shall be screened from view on all sides to the greatest extent feasible and, if located in areas subject to traffic, shall be protected against physical damage.

Noncommercial swimming pool subject to the following:

Garage or yard sales shall meet the following:

Radio and television or microwave dish antennae subject to § 220-2414.

Structures such as fences or walls in accordance with Article XXIII.

Signs in accordance with Article XXVI.

Uses designed to serve the residents of a residential development, including areas for washing machines and dryers, lockers or storage areas, recreational facilities and lounges.

Major home occupations in accordance with § 220-2412.

Minor home occupations in accordance with § 220-2412.

Supplemental dwelling unit or accessory apartment. This accessory use allows a smaller secondary dwelling unit within an existing single-family detached dwelling or accessory building on the same lot as the principal dwelling without substantial exterior modification to the existing building. The purpose is to protect and allow efficient use of the existing housing stock, and to provide opportunity to allow housing to meet the specific housing needs of Borough families and allow the owners to remain residents of that dwelling and the Borough. Supplemental dwelling units shall meet the following:

One boarder shall be permitted per each residential single-family detached dwelling use.

Off-street parking facilities in accordance with Article XXV.

Signage in accordance with Article XXVI.

Outdoor storage or display of materials in accordance with § 220-2310.

Fences or walls in accordance with § 220-2308.

Radio and television or microwave dish antennae subject to § 220-2414.

Driveways, and accessways for internal circulation in accordance with the Borough Subdivision and Land Development Ordinance.[2]

Utility structures such as generators and storage tanks shall be screened from view on all sides to the greatest extent feasible and, if located in areas subject to traffic, shall be protected against physical damage.

The following regulations shall apply in addition for institutional uses:

A temporary building permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the Borough permitting process.

A temporary structure or use could include, but is not limited to, offices for contractors, bookmobile, mobile unit for medical screening, political campaign headquarters, temporary structures for business operations which have been displaced from the principal building due to damage.

The time period of the initial permit shall be three months. The permit may be renewed for six months if the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure, building, or use.

Such structure, building, or use shall be removed completely within five days of the expiration of the permit without cost to the Borough.

Such temporary uses shall be limited to not more than seven consecutive days per event, and shall be limited to not more than four events in a calendar year for each organization. There shall be a thirty-day period between each event.

Signs advertising a temporary community event shall be subject to the provisions of Article XXVI. Additionally, such signs shall be limited to 12 square feet in size, and shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed and the location of these signs shall be approved by the property owners of the properties on which they are placed.

The applicant for the use shall provide Borough Council with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, and clean-up after the event.

Sign messages shall be limited to verbal description of materials or services available on the premises and shall not be obscene in nature.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

Messages which are visible or intended to be visible from outside the property, such as on or within the doors or windows, shall not display materials, items, publications, pictures, films, or printed material available on the premises.

A description of the premises for which the permit is sought.

A statement of the intended use(s).

Hours of operation.

Type, size, and location of proposed sign(s).

Any additional information required by Article XXIX.

A life care facility is a form of residential use designed and operated primarily for mature adults, of 55 years of age or over, containing certain support facilities including a combination of a senior center, independent living, personal care, and/or acute care.

A retirement community may provide a combination of individual dwelling units in any combination of single-family, two-family, townhouse or multifamily buildings and may include a community center consisting of one or more buildings in which accessory uses may be permitted.

A nursing home is a facility providing bed care or chronic or convalescent care for persons who, by reasons of illness, physical infirmity or age, are unable to properly care for themselves.

Indoor and outdoor recreational facilities including auditoriums, activity rooms, craft rooms, libraries, lounges, and similar recreational facilities for members of the retirement community.

Dining facilities.

Office and retail service facilities designed and adequate to serve only the members of the community, including, but not limited to, pharmacy, gift shop, coffee shop, bank, beauty shop and barber shop.

Accessory medical offices, nursing and convalescent facilities limited to residents of the facility for temporary care and not operating as the principal office of any medical practice serving the general public.

Senior center.

Adult day-care center, in accordance with § 220-2409.

Minimum tract size: 10 acres.

Minimum lot size: 10,000 square feet.

Minimum front yard: 25 feet.

Minimum lot width: 60 feet.

Minimum side yards: Each side yard shall have a width not less than five feet, provided that the combined total of both side yards must be a minimum of 15 feet.

Minimum rear yard: 25 feet.

Maximum building coverage: 25%.

Maximum lot coverage: 35%.

Maximum building height: Three stories or 35 feet, whichever is less.

Development within a cluster development should be designed on a traditional grid street pattern consistent with that in Olde Towne Malvern.

Garages that have their garage doors facing the street must be set back at least 10 feet from the front facade of the residence.

Developed portions of any cluster development should be located in the northern portion of the district, adjacent to the existing Olde Towne neighborhood, with the open space located south of the developed portion.

A minimum of 45% of the gross tract area shall be designated on the plan as common open space and held in a parcel or parcels separate from the developable lots.

Common open space areas shall be restricted in perpetuity from any further subdivision by an instrument, duly recorded in the office of the Recorder of Deeds for Chester County, at the time the subdivision plan for the development is recorded, which instrument shall be effective to so restrict the common open space in perpetuity and to allow the Borough to enforce such restrictions. The instrument shall be subject to the Borough's prior written approval and the Borough shall be a party to the instrument.

Except where this chapter expressly authorizes other standards, the design standards of the zoning district shall be strictly adhered to.

Woodland preserve or wildlife sanctuary, consisting of resources such as, but not limited to, steep slope areas, woodlands, meadows, wetlands, streams. No more than 75% of the minimum required common open space shall be in floodplains, wetlands, and steep slopes.

Lawn, a grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance. Lawn shall not be permitted on steep slope areas, within wetlands, or within the floodway portion of the Flood Hazard District.

Outdoor recreation areas, either active or passive.

Stormwater management facilities or portions thereof that can be integrated into the natural environment, such as swales, retention ponds, and other like facilities, but not concrete or other detention basins that are empty except after a storm event or other facilities that are not integrated into the natural environment, at the Borough's discretion.

Planned campus development, involving educational and/or religious use, provided that such use shall only be permitted in structures existing per the date of adoption of this chapter, so long as no more than 50% of the minimum required common open space is in this use.

Fee simple dedication to the Borough. The Borough Council may take dedicated open space lands and associated facilities. The Borough has no obligation to accept such property, nor needs to require common property to be dedicated as a condition for approval.

Homeowners' association. The open space areas and their facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated in accordance with the provisions contained herein and the provisions of the Pennsylvania Uniform Planned Community Act,[1] if applicable.

Condominium. The open space areas and their facilities may be held as common elements under a condominium agreement, pursuant to the Uniform Condominium Act of 1980, as amended.[2]

Dedication of easements. Easements within common areas along such unique natural features as waterbodies may be offered for dedication to the Borough for public use, or to a private conservancy. Title to such lands remains in ownership by homeowners' association or condominium.

Lease back option. Open space may be leased back to the original owner.

Retained ownership. The owner of the original parcel may retain ownership of the restricted open space.

A declaration describing the formation and duties of the association, including the responsibilities for maintenance of the common open areas shall be defined and presented to the Borough for review.

Membership shall be mandatory for all residents of the cluster development. Membership and voting rights shall be defined.

Rights and duties of the Borough and members of the association, in the event of a breach of the covenants and restrictions, shall be defined, including provisions for raising money from members to maintain the common open space and to immediately correct safety hazards and ordinance violations.

The declaration shall include a statement which grants to the Borough such power, but not the duty, to maintain the common open space and common facilities, and to assess the cost of the same, as in municipal lien and as provided within the Pennsylvania Municipalities Planning Code.

Maintenance plan. A plan for the maintenance of the common open space portion of the development shall be submitted by the applicant and must meet with the Borough's approval prior to preliminary plan approval. This maintenance plan shall specify how the open space will be maintained and by whom, and shall include measurable standards by which the Borough can determine whether the open space is or is not being adequately maintained.

Failure to maintain. In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the cluster development, fail to maintain the common open space in reasonable order the condition in accordance with the development plan, the Borough Council may serve written notice upon such organization, or to the residents of the cluster development, which notice shall state:

Public hearing. At such hearing, the Borough Council may modify the terms of the original notice concerning the deficiencies and may give an extension of the time within which they shall be corrected. If the deficiencies, or if the modifications thereof, shall not be corrected within 30 days or within any extension, the Borough may enter upon the common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.

Burden of proof. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space, call a public hearing upon notice to such organization and to the residents of the cluster development. At the hearing, such organization or the residents of the development shall show cause why such maintenance by the Borough shall not continue for a succeeding year. If the Council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain common open space at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain common open space during the next year, succeeding year and, subject to a similar hearing and determination, in years thereafter.

Cost of maintenance. The cost of such maintenance and enforcement proceedings by the Borough shall be assessed ratably, in accordance with present tax assessments against the properties within the development which includes the common open space and shall become a lien on the said properties. The Borough, upon entering the common open space for the purposes of maintenance, shall file a notice for such lien in the County Office of the Prothonotary.

The outdoor recreation area shall be located to the rear or side of the building.

The outdoor recreation area shall be enclosed by a fence suitable to restrict children to the play area and fencing shall be a minimum of five feet in height.

The outdoor recreation area shall not include driveways, parking areas, or any other area unsuited to active recreation.

The outdoor recreation shall be on the same site as the principal structure.

Outdoor recreation areas shall be sufficiently screened as to protect residential areas from disturbance.

Outdoor recreation areas shall be limited to daylight hours.

The business activity shall be compatible with the residential use of the property and surrounding uses.

The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.

The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.

Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall only be conducted within the dwelling and shall not exceed 25% of the total floor area of the principal residential structure.

Such business use shall not involve any illegal activity.

Minor home occupations shall be permitted in any dwelling type.

Home occupations which cannot meet any of the criteria of Subsection A above for a minor home occupation.

The following uses are prohibited as home occupations and shall be classified as commercial uses:

Upon determining that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Zoning Officer shall issue a home occupation permit.

Where the Zoning Officer determines that the proposed use is a major home occupation, the use shall require review and approval by the Zoning Hearing Board in accordance with the provisions of Article XXVIII, regarding the granting of special exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Zoning Officer shall issue a home occupation permit.

A home occupation permit shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued. In the event that a property with an existing home occupation is sold, leased, or rented to someone other than the original permit holder, the new owner, leasee or renter shall be required to obtain a home occupation permit, demonstrating full compliance with the requirements of this chapter and any other applicable regulations.

No more than one major home occupation or two minor home occupations shall be permitted per lot.

The practice of a home occupation shall be carried on entirely within the dwelling which is the bona fide residence and under ownership of the principal practitioner and/or an accessory building, used also as a residential garage and located on the same lot as the dwelling.

All applicants for a home occupation shall be required to obtain a permit from the Borough in accordance with the requirements of § 220-2412D, above, within 30 days prior to beginning operation of the use.

There shall be no change in the outward appearance of the dwelling, any accessory building and/or the lot so as to suggest that any use other than the principal residential dwelling use is conducted there by the use of signs, advertising, materials, show windows, or special lighting or to create building spaces or improvements not useful for normal residential purposes. No public display of any goods and/or product, information and/or advertising concerning any goods and/or product shall be allowed.

The home occupation shall not cause noise, odor, dust and/or electrical interference and/or have any sensory impact, different from normal residential use, which a person may perceive on any other property.

There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as "hazardous" by the Pennsylvania Department of Environmental Protection.

With the exception of family day-care home, below, no home occupation activity shall be conducted between the hours of 8:00 p.m. prevailing time and 7:00 a.m. prevailing time which involves individuals to enter or leave the premises or which requires mechanical operations.

Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use. Any deliveries from major commercial suppliers which may be disruptive to the neighborhood in which the use is located shall not be made between the hours of 8:00 p.m. prevailing time and 8:00 a.m. prevailing time.

Storage or material or products in outdoor areas shall be screened in accordance with § 220-2309.

Minimum off-street parking requirements shall apply as designated in Article XXV.

All commercial vehicles shall be parked on the same lot as the home occupation, and only one commercial vehicle may be parked outside of a garage, enclosed structure, or screened parking space.

Major home occupations shall be permitted only in single-family detached structures or an accessory structure to a single-family detached dwelling.

The total area used for a major home occupation shall not exceed 35% of the floor area of the principal residential structure.

No more than one person, other than residents of the dwelling, may be employed or subcontracted at the major home occupation. Use of nonresident employees must have prior approval from the Zoning Hearing Board.

No more than two clients at any one given time are allowed to be visiting the premises to conduct business on the premises related to the major home occupation.

No articles shall be sold or offered for sale on-site, except those produced on the premises. Such sales must have prior approval by the Zoning Hearing Board.

Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Off-street parking, inclusive of required residential parking, shall be in accordance with Article XXV, in addition to two additional parking spaces required for a major home occupation.

Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.

Instructional services may be permitted as a major home occupation provided that a maximum of two students may be instructed at any one time, and no more than two trips per hour.

Family day-care home. Family day-care home is a major home occupation in which a private residence is used for the care and supervision of between three and six children or adults, not related to the caregiver. A family day-care home must be registered with the Pennsylvania Department of Public Welfare. When in compliance with the provisions outlined below and all other applicable requirements, family day-care home shall be permitted as a major home occupation:

Radio or television antennae. Radio or television antennae is a device primarily an arrangement of wire or metal rods, freestanding, attached to a building or attached to a support structure, used for receiving frequency signals, including television and radio antennae, and not used for commercial broadcasting or communication purposes. Such devices shall include amateur radio service band radio antennae used by Federal Communications Commission (FCC) licensed amateur radio service operators. Radio or television antennae shall be subject to the following:

Microwave dish antennae. Microwave dish antennas are parabolic earth-based reflectors, together with a pedestal and any other attachment and parts thereof, commonly referred to as a dish antennae, used or intended to receive microwaves, radio or electromagnetic waves from an overhead satellite, and shall be subject to the following requirements:

Purposes. The purpose of these regulations shall be as follows:

Standards for the location of such commercial communications antennas and associated uses. All commercial communication antennas and facilities shall meet the following locational requirements:

Standards for approval applicable to all commercial communication antennas. All commercial communication antennas and wireless communications facilities shall meet the following requirements:

Standards for commercial communication antennas and wireless communications facilities requiring conditional use approval. In addition to the requirements of § 220-2910 and § 220-2414B(3) above, the following standards shall be met when a commercial communications antenna requires approval as a conditional use:

Installation and maintenance. Commercial communications antennas and facility owners shall employ ordinary and reasonable care in the installation and maintenance of such facilities. They shall maintain no less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.

Removal of commercial communication antennae and facility. The commercial communication antennae/facility owner is required to notify the Borough immediately upon cessation and abandonment of the operation. Commercial communication antennae that are no longer licensed and active commercial transmitting facilities shall be removed at the owner's expense within 60 days of the last date that the facility was licensed by the FCC. At the time of issuance of the permit for construction of the commercial communication antennae/facility, a bond or escrow account shall be posted with the Borough in an amount sufficient to ensure the expense of the dismantling and removal of said structure.

Fees. Subject to any limitations imposed by Pennsylvania or United States laws applicable to the applicant's proposed use, an applicant seeking the approval of a commercial communication antennae and facility shall establish an escrow account with the Borough from which the Borough will make payment of fees and charges for consultants it deems necessary for the processing and reasonable expenses related to the application.

Exemptions. Any applicant claiming an exemption from municipal zoning or land development review pursuant to applicable Pennsylvania or United States laws relating to wireless or telecommunications equipment shall provide notice of such exemption, together with sufficient information to prove such exemption, including reference(s) to the specific exemption(s) claimed. Should the Borough choose to publish a form to collect such information regarding claimed exemption from the zoning provisions of this Code, land use provisions of this Code, or both, all applicants claiming an exemption shall use the form as published in order to facilitate an orderly and timely review.

Lot area: 4,000 square feet.

Lot width: 40 feet.

No mobile home shall be closer than 20 feet from:

No accessory structure to a mobile home shall be closer than 15 feet from:

The open space shall not be located within or be included in calculating the buffer area required, or setback areas, but shall be included in calculating the maximum density permitted.

Open space shall be substantially free of structures, except those designed for recreational purposes or the preservation of historic structures, and shall be usable.

Open space shall be located and designed so as to be easily accessible by residents of the mobile home park and to preserve natural features.

Open space shall have a minimum of 10% of its total area suitable for active recreational use. Active recreation areas shall be free of obstructions, including watercourses, floodplains, steep slopes, and wetlands. Such areas shall be no less than 1/4 acre in size and no less than 75 feet in width measured in any horizontal direction.

Such areas shall be setback a minimum of 10 feet from residential uses.

When an area is designed for active recreation and abuts an arterial or collector street, it shall be fenced, provided with an earthen berm, or combination thereof, that physically separates it from the street.

Shall be operated and maintained in accordance with the provisions under this section.

Every mobile home shall be placed on a concrete pad at least six inches in thickness, with at least six tie-downs provided, either:

Every mobile home shall have solid, all-weather skirting enclosing the area between the ground and the mobile home floor so that it shall prevent that area from forming a harborage for rodents, avoid the creation of a fire hazard and to prevent unsightly conditions.

A number assigned to each mobile home lot or site.

Names and addresses of all residents of the park and their designated mobile home lot or size.

The arrival date of each mobile home to the park.

The departure date of each mobile home from the park.

The maximum length of a multifamily building shall be 175 feet.

Multifamily buildings are encouraged to be located in clusters which create common open areas, rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.

Staggered setback of dwelling units and a variation in facade design shall be encouraged to offer visual variety, individualism, and some private yard area. It is recommended that no more than two contiguous units shall have the same facade setback within a building. Changes in setbacks shall be a minimum of four feet.

Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open areas.

Dwelling units shall be set back a minimum of 15 feet from common parking areas and shall be set back a minimum of 25 feet from common refuse areas.

Dwelling units must be setback a minimum of 25 feet from the tract boundary.

Sidewalks shall be provided to connect dwellings with parking areas, recreational/open areas, and refuse facilities. Sidewalks should adhere to Olde Towne design guidelines, as outlined in the Borough Subdivision and Land Development Ordinance.[1]

The following building separation distances shall be met in order to provide individual units with some level of privacy:

Outdoor lighting shall be in accordance with § 220-2307.

Buffering shall be in accordance with § 220-2309, in addition to which all areas not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be maintained for landscaping purposes.

Required parking shall adhere to those standards set forth in Article XXV. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development. Parking lots shall be setback a minimum of 25 feet from any right-of-way and shall be screened with landscaping. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.

All multifamily developments shall have a minimum of 15% of the land reserved for recreational areas. Recreation areas shall be free of obstructions, including watercourses, floodplains, steep slopes, and wetlands. Such an area shall be contiguous, and shall be setback a minimum of 10 feet from any residential uses or residential accessory uses, and shall be a minimum of 50 feet in width. Maintenance of this area shall be the responsibility of the landowners', homeowners', or condominium owners' association. This area shall not be located within or be included in calculating the required buffer area or setback areas, but shall be included in calculating the maximum density permitted. This area shall be substantially free of structures, except those designed for recreational purposes or the preservation of historic structures, and shall be usable. This area shall be located and designed so as to be easily accessible by residents of the multifamily dwelling development. When an area is designed for active recreation and abuts an arterial street, it shall be fenced, provided with an earthen berm, or combination thereof, that physically separates it from the street. Failure to maintain any recreational areas shall constitute a violation of this chapter and shall be actionable by the Borough.

Circulation and access shall be as provided in this chapter and in the Borough Subdivision and Land Development Ordinance.[2]

Separate storage facilities for trash and for recyclable materials shall be provided in accordance with § 220-2424.

In addition to generally applicable requirements relating to zoning permits and conditional uses, an applicant shall submit the following information in writing to the Zoning Officer and/or to the Borough Council as an attachment to the zoning application, conditional use application, as appropriate:

No action shall be taken on any application for a permit under this section until the application has been completed fully and the application fee, as required by the schedule of fees established and amended by resolution of the Borough Council, is paid in full.

The applicant shall indemnify and keep harmless the Borough, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs, and charges for and by reason of the existence of an outdoor cafe, and all damages to persons or property resulting from or caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such use, or by the acts or omission of the employees or agents of the applicant for such use.

The applicant shall remove the outdoor cafe within 30 days after written notice if the Borough Zoning Officer determines that the use is detrimental to the health, safety or general welfare of the public as follows:

In the event that the applicant for an outdoor cafe wholly or partially within a public right-of-way fails to remove the outdoor cafe within seven days after the thirty-day period after written notice, the Borough may proceed to remove and restore the area and charge the applicant for the cost thereof. In this instance, the applicant shall be entitled to the return of furnishings or equipment so removed, only after the payment of all costs for the removal incurred by the Borough and after requesting the return in writing. The responsibility for removal under the provisions of this section shall be the sole responsibility of the applicant without any obligation or cost assessed against the Borough.

Church, synagogue, or other place of worship.

Accessory uses, including the following:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located and shall be in accordance with § 220-2401.

Accessory uses shall be setback a minimum of 25 feet from a residential use or district, and shall be sufficiently screened to minimize disturbance of residential areas.

A master development plan shall be a required component of the conditional use application for all proposed multiuse development projects. The master development plan, which is defined in more detail in § 220-2425F(1) below, shall include the proposed buildings, site improvements, building elevations and other information as necessary to present the plan.

Upon conditional use approval of a master development plan, the uses and design criteria proposed in the master development plan shall be the uses and design criteria permitted and required for the development of the subject tract(s). Any substantial change in uses or facades constituting a significant deviation from the conditional use approval shall require additional conditional use approval.

Preliminary and final subdivision and land development plans submitted for the approved multiuse development shall be in accordance with the master development plan design specifications, documents and plans submitted and approved by conditional use.

The tract(s) subject to the master development plan may be subdivided or divided into condominium units or lease units, but only if such division does not interfere with the development of the tract(s) in accordance with the approved master development plan. Any document conveying an ownership or leasehold interest in any portion of the tract(s) subject to the master development plan shall include notice that the development and use of the property is subject to the master development plan.

Parking garage, parking lot, or in-building parking facility designed to serve a multiuse development or developments and located on the same tract therewith.

Upper floor dwelling units.

Retail sales store, including multishop retail stores.

Restaurant, tavern or similar establishment.

Office, including but not limited to business or professional office or post office.

Retail service shop, such as bakery, ice cream or similar shop, custom tailoring or millinery shop, clock, watch or jewelry shop, or household appliance repair shop.

Personal service shop, such as a barber shop, beautician or clothes cleaner and pressing pick up point, but not including laundry, dry cleaning or clothes pressing establishment.

Bank or similar financial institution.

Outdoor cafe as per § 220-2418.

Indoor recreation facility.

Accessory use as per § 220-2401.

All multiuse development shall meet the area and bulk regulations as follows, which shall supersede all area and bulk regulations or requirements otherwise applicable in the underlying zoning district:

In addition to Article XXIII standards, visual screening of rooftop mechanical equipment shall be achieved, where appropriate, through the use of architectural elements including but not limited to parapet walls, roof slopes and dormers.

Land use mix. At a minimum the master plan shall include the following requirements:

Site improvements. Required site improvements include the following:

Building design.

Master development plan. The base site plan for the master development plan shall be drawn at a scale of not less than one inch equals 100 feet and shall contain information sufficient to assess the design and impact of future development of the tract(s), including, but not limited to, the following:

The extent to which the master development plan is consistent with the Borough and County Comprehensive Plans.

The extent to which the master development plan's general design and character is reasonably compatible with surrounding properties, including both the improved and natural environment, as well as the following design elements: