Rostraver Township City Zoning Code
ARTICLE XIIA
The MU Mixed Use District
§ 195-39.1 Statement of purpose and use summary.
[Amended 12-2-2015 by Ord. No. 658]
The MU Mixed Use District is established to provide for a wide range of business, professional and light manufacturing uses in a campus environment, by fostering innovative building and open space masses resulting in an aesthetically attractive working environment. Such uses shall be able to meet comparatively rigid specifications as to nuisance-free performance and shall be clean, quiet and free of objectionable elements. This district is intended to be applied in situations where, because of special circumstances, the area is particularly suited and useful for economic development purposes, and yet is in such close proximity to existing residential and agricultural uses that additional controls are deemed necessary in order to make these uses compatible with existing residential and agricultural uses; and provide the flexibility to adapt to changes in markets and technologies The intent of this district is also to fulfill the intent of the Pennsylvania Municipalities Planning Code by including provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments. Standards are also established to fulfill the intent of Section 605(1) of the Pennsylvania Municipalities Planning Code[1]with regard to making transitional provisions at or near the boundaries of districts. The MU Mixed Use District standards are established to facilitate either the unified approval of a single large area for a planned business park development (including commercial and residential components), or the development of smaller individual tracts with provisions for the transition between various uses.
A.
Use permitted by right.
(1)
Assembly and packaging of finished goods.
(2)
Bank and related financial services.
(4)
Educational institution, commercial and noncommercial.
(5)
Essential services.
(6)
Hospitals and clinics.
(7)
Light manufacturing.
(8)
Offices.
(9)
Personal and professional services.
(10)
Printing services.
(11)
Public utility buildings.
(12)
Research and testing labs.
(13)
Warehousing, indoor storage.
(14)
Wholesale business, indoor.
(15)
Public facility.
[Added 6-2-2010 by Ord. No. 601]
(16)
Artisan workspace.
[Added 7-7-2021 by Ord. No. 739]
(17)
Coworking space.
[Added 7-7-2021 by Ord. No. 739]
(18)
Makerspace.
[Added 7-7-2021 by Ord. No. 739]
B.
Conditional use.
(1)
Planned business park.
(2)
Condominium units, multiple-residential dwelling units, single-family dwellings.
(3)
Day-care center.
(4)
Eating and drinking establishments.
(5)
Hotels.
(6)
Indoor and outdoor commercial recreation.
(7)
Mixed commercial residential building.
(8)
Limited retail use.
(9)
Outdoor storage.
[Added 12-2-2015 by Ord. No. 658]
(10)
Microbrewery/microdistillery.
[Added 6-6-2018 by Ord. No. 698]
[1]
Editor's Note: See 53 P.S. § 10605(1).
§ 195-39.2 Conditional use provisions.
The following conditional uses may be authorized by the Township Commissioners pursuant to the standards and criteria specified herewith:
A.
Planned business park. The intent of this conditional use is to allow for the integrated approval of a business park that includes retail, service and/or residential components as well as permitted office and light manufacturing uses.
(1)
The minimum size for a planned business park shall be 75 acres.
(2)
The park shall be generally planned around one or more central greens or quadrangle areas, with consideration given to the relationship of various buildings and uses to each other. However, such greens or quadrangle areas may be located at the edge of a proposed business park in order to facilitate greater coordination with any neighboring public recreation area or land protected by a conservation easement. A minimum of 10% of the total planned business park area shall be devoted to such greens or common passive recreational areas. This shall be in addition to any normal required yard and setback areas or limitations upon coverage. The purpose of this is to create a stronger sense of place, and facilitate interaction among the employees, customers and residents of mixed use areas. Examples of such green or quadrangle areas may include town squares, assembly areas, and smaller landscaped or mowed areas with amenities, such as benches, lighting, public art and fountains. At least 75% of areas proposed for central greens or quadrangle areas shall be free of wetland or slope areas of greater than 5%. These areas may be privately owned, or owned and managed by a tenant or owners' association, provided there is a reasonable degree of access by residents, employees, and customers.
(3)
The developer shall submit a sketch plan that generally identifies proposed areas for various permitted and conditional uses within the district. This sketch plan need not include final dimensions and final designs of any public or private improvements, but shall focus upon the relationship of proposed uses to each other and the surrounding neighborhood. If areas are specifically identified for conditional uses, and meet all performance standards, their subsequent development may proceed by right at a later date without additional conditional use approval. However, no area proposed for a conditional use may be changed to another class of conditional use (such as commercial to residential) without submission of another application for approval. Areas proposed for conditional uses may be changed to permitted uses within the MU Mixed Use District. Nothing in this section alters the right of the Township to review and approve changes to any subdivision and land development plan.
(4)
The total areas proposed for all listed conditional uses shall not exceed 60% of the total planned business park area.
(5)
The plan shall illustrate an internal pedestrian and vehicular access system that facilitates travel between buildings within the planned business park.
(6)
The developer shall submit plans for any architectural guidelines or covenants proposed to ensure a harmonious development of the planned business park as an integral whole.
(7)
The developer shall submit a sketch landscaping plan that illustrates how landscaping will be used to buffer the proposed park from any abutting residential areas. The Township Commissioners may increase standards for buffering and landscaping as a reasonable additional condition and safeguard.
(8)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
B.
Day-care center.
(1)
The combined area for all day-care center(s) in an MU District may not exceed 5% of the total area for a planned business park, § 195-39.4A of this chapter, or 5% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Provisions shall be made for the safety of individuals and property. All issues of public health, safety and general welfare which pertain to the proposed use or activities ancillary thereto shall be resolved to the satisfaction of the Board of Commissioners prior to the authorization of the conditional use.
(4)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
C.
Eating and drinking establishments.
(1)
The combined area for all eating and drinking establishments in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Structures shall be architecturally and aesthetically compatible with the character of the MU Mixed Use District.
(3)
Drive-through windows shall not be permitted.
(4)
Ingress and egress for all site access and off-street parking shall be situated in a manner to minimize interference with traffic movements on adjacent street rights-of-way.
(5)
Provisions shall be made for the safety of individuals and property. All issues of public health, safety and general welfare which pertain to the proposed use or activities ancillary thereto shall be resolved to the satisfaction of the Board of Commissioners prior to the authorization of the conditional use.
(6)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
D.
Hotels.
(1)
The combined area total for all hotels in an MU District may not exceed 20% of the total area for a business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Structures shall be architecturally and aesthetically compatible with the character of the business park.
(3)
Ingress and egress for all site access and off-street parking shall be situated in a manner to minimize interference with traffic movements on adjacent street rights-of-way.
(4)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
E.
Indoor or outdoor commercial recreation.
(1)
The combined area total for all commercial recreation (indoor and/or outdoor) in an MU District may not exceed 10% of the total area for a business park, § 195-39.4A of this chapter, or 10% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(2)
Ingress and egress for all site access and off-street parking shall be situated in a manner to minimize interference with traffic movements on adjacent street rights-of-way.
(3)
No more than 5,000 square feet of retail, service and/or sales space shall be permitted for each commercial recreation establishment.
(4)
All storage and display of stock, equipment, refuse and other materials shall be within enclosed main or accessory structures.
(5)
Fencing may be deemed necessary by the Board of Commissioners for purposes of safety and security.
(6)
Provisions shall be made for the safety of individuals and property. All issues of public health, safety and general welfare which pertain to a proposed recreational use or activities ancillary thereto shall be resolved to the satisfaction of the Board of Commissioners prior to the authorization of the conditional use.
(7)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
F.
Condominium units, multiple-residential dwelling units, and single-family dwellings.
(1)
Multiple-residential dwellings units, including apartments, garden apartments or (townhouses) row houses may be permitted under either condominium (single-unit ownership arrangement) or general ownership.
(2)
The use of new lots for single-family dwellings may be an appropriate land use technique for transitional areas in a planned business park or a designated MU district. However, no new single-family dwelling is permitted within 100 feet of any area proposed or used for light industrial uses. The Commissioners may require additional buffering between areas proposed for single-family dwellings and other uses as a reasonable additional condition and safeguard.
(3)
The combined area for all residential uses in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
No building containing more than one dwelling unit shall contain more than four dwelling units per building, except that townhouse units may occur in blocks of no more than six units per building.
(6)
New lots proposed for single-family dwellings shall meet all lot area and dimensional standards as identified in § 195-31 of this chapter.
(7)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
G.
Mixed commercial residential buildings. The intent of this conditional use is to facilitate the opportunity for greater housing opportunities and vibrant mixed use areas. Second-story residential uses are permitted where the first floor of a building is designed for compatible uses, such as offices and professional or personal services.
(1)
All entrance areas for residential or commercial uses shall be clearly identified and separated.
(2)
The minimum size of any second floor dwelling unit shall be at least 700 square feet.
(3)
Dedicated parking shall be provided for the residential use.
(4)
The combined area total for all mixed commercial residential buildings in an MU District may not exceed 10% of the total area for a planned business park, § 195-39.4A of this chapter, or 10% of the total area of the originating Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
H.
Limited retail use. The intent of this conditional use is to facilitate development of retail sales at a scale to serve employees and residents of the MU Mixed Use District and any planned business parks.
(1)
No building or part of a building used for retail sales shall occupy an area of greater than 10,000 square feet gross floor area.
(2)
No fuel sales are permitted as a part of any limited retail use.
(3)
No outdoor sales areas are permitted.
(4)
The combined area total for all limited retail use in an MU District may not exceed 10% of the total area for a planned business park, § 195-39.4A of this chapter, or 10% of the total area of the originating MU Mixed Use Zoning parcel.
[Amended 12-2-2015 by Ord. No. 658]
(5)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
[Added 12-2-2015 by Ord. No. 658]
I.
Outdoor storage. The intent of this conditional use is to permit for outdoor storage as an accessory use to a principal use in the MU Mixed Use District.
[Added 12-2-2015 by Ord. No. 658]
(1)
The combined area for all outdoor storage in the MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of any lot area not in a planned business park MU Mixed Use Zoning.
(2)
Outdoor storage shall not be permitted to front directly on the street or within any front, side, or rear yard or within any required buffer area.
(3)
No outdoor storage area shall exceed 10 feet in height.
(4)
All outdoor storage, including equipment/vehicle storage area, must be screened with an opaque fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining properties not owned by the user in accordance with § 195-75G.
(5)
A survey of the property showing all outdoor storage area, including equipment/vehicle storage areas, with locations and distances to property lines, the approximate number of acres to be used for outdoor storage.
(6)
No activities or substances of a hazardous safety or environmental nature shall be employed, stored, carried or utilized as part of any operations conducted on the site unless specifically provided for as part of the conditional use approval.
(7)
Dust, vibration, odors. All activities/operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with § 195-74. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the site to avoid injury to persons living in the vicinity and are in compliance with § 195-74.
(8)
Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of the operation/facility(ies) to adjacent residential properties and as more specifically set forth in § 195-74.
(9)
The applicant must provide the Township with a list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads. The proposed hauling routes must be designed to minimize the impact on collector, connector and local streets within the Township. The Township reserves the right to designate required truck hauling routes throughout the Township. The applicant must provide an updated list to the Township if any changes occur.
(10)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
J.
Microbrewery/microdistillery.
[Added 6-6-2018 by Ord. No. 698]
(1)
The combined area for all microbreweries/microdistilleries in an MU District may not exceed 20% of the total area for a planned business park, § 195-39.4A of this chapter, or 20% of the total area of the originating MU Mixed Use Zoning parcel.
(2)
Structures shall be architecturally and aesthetically compatible with the character of the MU Mixed Use District.
(3)
Drive-through windows shall not be permitted.
(4)
All sales inventory, supporting equipment, storage and display functions shall be contained within a building.
(5)
No activities or substances of a hazardous safety or environmental nature shall be employed, carried or utilized as part of any operations conducted on the site unless specifically provided for as part of the conditional use approval.
(6)
All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local and PennDOT officials.
(7)
No storage, parking or display of products shall be permitted in a required front, rear or side yard area.
(8)
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding community from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(9)
All outdoor entertainment and/or dining shall take place only between the hours of 11:00 a.m. and 10:00 p.m. on Sunday through Thursday, and between 10:00 a.m. and 11:00 p.m. on Friday and Saturday.
(10)
The Township reserves the right to add specific conditions as part of the conditional use per the regulations of the Pennsylvania Municipalities Planning Code (MPC).
§ 195-39.3 Special exception provisions.
The following special exceptions may be authorized by the Township Commissioners pursuant to the standards and criteria specified herewith:
§ 195-39.4 Lot, area and dimensional requirements and performance standards.
The following requirement shall apply to all uses in the MU Mixed Use District.
A.
The intent of the MU Mixed Use District is to provide for unique transitional opportunities in a high quality setting. For this reason, no area of less than 25 acres shall be considered for mixed use zoning designation. New nonresidential lots within MU Mixed Use Zoned Areas shall be no less than 20,000 square feet.
B.
The maximum impervious surface coverage, including buildings, parking and sidewalks shall be 75%.
C.
The minimum setback from any existing public roads shall be 50 feet; in addition on existing local streets there shall consist a strip of land not less than 25 feet in width, with earthen mound(s). Mounding shall be a minimum four feet in height with slopes averaging 3:1 (horizontal to vertical distance). Plantings shall be arranged and installed on earth mounds in an irregular pattern to accentuate the physical variations in height and alignment and achieve a more natural appearance as set forth below. Ground cover shall be used and maintained to prevent erosion of the earth mound. The combined height of the plant materials and mounding shall not be less than seven feet at the time of planting. The minimum setback from new or proposed public streets shall be 20 feet. Such setback areas must be appropriately landscaped and not include any parking but may contain a cartway or driveway for ingress and egress purposes.
[Amended 12-2-2015 by Ord. No. 658]
D.
A minimum forty-foot buffer area, containing a row of evergreen trees not less than three feet in height at initial planting, shall be required to be provided and maintained along areas abutting any residential use or residential zoned property.
E.
No buildings on the same lot shall be located closer than 20 feet to each other.
F.
The maximum permitted building height on any structure is 45 feet.
G.
When the rear of any building faces a public road, a row of evergreens of not less than three feet in height at initial planting shall be provided between the rear of the building and the public road.
H.
Any and all garbage dumpsters shall be concealed within a structure.
I.
Because the MU District is meant to provide opportunities for mixed use development opportunities in areas where there is a potential for land use conflict with abutting residential or light commercial uses, building designs should be compatible with the neighborhood to the maximum extent possible. A minimum of 40% of the exterior wall construction for all structures shall be constructed of brick or split face block or other masonry materials as approved by the Rostraver Township Board of Commissioners. The requirement of 40% shall be calculated by measuring all facades of the structure, excluding openings for windows, trim, and doors and multiplying that figure by the percentage.
[Amended 2-5-2014 by Ord. No. 643]
J.
Pedestrian access. A system of pedestrian access, in the form of paved sidewalks or interior walkways, shall be provided to allow walking between every use, structure or recreational facility. Sidewalks and crosswalks shall be installed along public streets.
K.
Parking areas. Designs shall avoid the use of excessively large, uninterrupted parking areas. Parking lot landscaping is subject to the standards and criteria of Article XVII, § 195-64D, of this chapter. Because of the mixed use character of this district, parking lots shall be lit by full cutoff luminaries of a maximum height of 20 feet.
[Amended 6-2-2010 by Ord. No. 601]