This zone is designed to encourage the integration of residential and commercial uses on a single, large, contiguous site, subject to special design and performance criteria listed in §
150-116.4, which shall attempt to achieve a cohesive, integrated and harmonious mixed-use community.
Permitted uses shall be as follows:
A. Uses permitted within designated residential development areas:
(3)
Age-restricted single-family detached dwellings, subject to
recorded restrictions limiting occupancy of such dwelling to persons
over the age of 55, in accordance with applicable law.
(4)
Accessory uses customarily incidental to the above permitted
uses.
B. Uses permitted within designated commercial development areas:
(1)
Offices (business and professional).
(2)
Banks and similar financial institutions. (See §
150-313.)
(3)
Restaurants and taverns (not including nightclubs). (See §
150-341.)
(4)
Retail sale of goods and services, including auto part stores
without installation.
(5)
Hotels, motels and similar lodging facilities. (See §
150-334.)
(6)
Theaters and auditoriums.
(7)
Commercial and/or nonprofit schools.
(8)
Personal service business.
(9)
Alternate therapy office.
(10)
Drive-through/fast-food restaurants or caterers. (See §
150-324.)
(13)
Commercial day-care facilities.
(14)
Home improvement and building supply stores. (See §
150-332.)
(18)
Commercial recreation or entertainment facility.
(19)
Accessory uses customarily incidental to above permitted uses.
(20)
Hospital. (See §
150-333.)
[Added 5-22-2008 by Ord. No. 08-07]
(21)
Medical clinic.
[Added 5-22-2008 by Ord. No. 08-07]
C. Uses permitted within either Subsection
A, the designated residential development areas, or Subsection
B, the designated commercial development areas:
(2)
Nursing, rest and retirement homes, and/or assisted-living facilities. (See §
150-343.)
(3)
Public and/or nonprofit parks.
D. Uses permitted in the designated open space area: See §
150-116.4J, Provisions for open space.
Subject to the general criteria listed in §
150-302, special exception uses shall be as follows:
A. Amusement arcades (within the designated commercial development areas only) as accessory to a permitted use. (See §
150-309.)
B. Nightclubs (only within the designated commercial development areas). (See §
150-341.)
C. Public utilities (only within the designated residential development areas, the designated commercial development areas or the designated open space areas). (See §
150-346.)
D. Liquor (state) stores (only within the designated commercial development areas). (See §
150-337.)
E. A communications antenna mounted on an existing public utility transmission tower, building or other structure, or a communications equipment building (only within the designated commercial development areas). (See §
150-322.1.)
Any development within a Mixed Use Zone (MU) shall adhere to
the following standards:
A. The subject property shall contain a minimum area of 100 contiguous
acres under the ownership of a single entity.
B. The site must be serviced by both public water and public sewer.
C. The approval of any preliminary and/or final land development and/or
subdivision applications under this article will be made contingent
upon the inclusion of adequate development controls (such as permanent
deed restrictions) that are designed to ensure the entire property
will be subdivided according to the following distribution of uses:
(1)
A maximum of 35% of the entire lot area may be designated as
a residential development area. Additionally, a minimum of 20% of
all residential dwellings must be designated as age restricted.
(2)
A minimum of 45% of the entire lot area must be designated as
a commercial development area.
(3)
A minimum of 20% of the entire lot area must be designated as
an open space area.
D. Provisions for single-family detached dwellings.
(1)
Minimum lot area: 6,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum lot depth: 120 feet.
(4)
Minimum setback requirements:
(a)
Front yard setback: 20 feet.
(b)
Side yard setbacks: four feet.
(c)
Rear yard setbacks: 25 feet.
(5)
Maximum permitted height: 35 feet.
(6)
Maximum lot coverage: 50%.
E. Provisions for duplex dwellings.
(1)
Minimum lot area: 4,000 square feet (2,000 square feet per dwelling
unit), with an overall density not to exceed eight units to the acre
within the designated residential development area.
(2)
Minimum lot width: 40 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum setback requirements:
(a)
Front yard setback: 20 feet.
(b)
Side yard setbacks: eight feet (end units only).
(c)
Rear yard setback: 15 feet.
(5)
Maximum permitted height: 35 feet.
(6)
Maximum lot coverage. Maximum lot coverage shall be 60%.
F. Provisions for townhouses.
(1)
Minimum lot area: 2,000 square feet per dwelling unit; provided,
however, that the minimum area devoted to a townhouse development
shall be 10 acres, and the maximum density shall be eight units to
the acre within the designated residential development area.
(2)
Minimum width: 20 feet per dwelling.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet; provided, however, that
within each townhouse grouping no more than two contiguous units can
have the same front yard setback. The minimum difference of staggered
setbacks must be two feet.
(5)
Minimum side yard setbacks. Each end unit shall provide a fifteen-foot
side yard.
(6)
Minimum rear yard setback: 15 feet.
(7)
Maximum length of townhouse grouping. No grouping may contain
more than eight townhouse units nor exceed an overall length of 200
feet.
(8)
Maximum permitted height: 35 feet.
(9)
Maximum lot coverage: 60%.
(10)
Minimum separation between buildings. The following separation
distances shall be provided between each townhouse building/grouping:
front-to-front, rear-to-rear, or front-to-rear parallel buildings
shall have 50 feet between faces of the buildings. If the front or
rear faces are obliquely aligned, the above distances may be decreased
by as much as five feet at one end if increased by similar or greater
distance at the other end.
(11)
A yard space of 25 feet is required between end walls of buildings
for each two-story building. If the buildings are at right angles
to each other, the distance between the corners of the end walls of
the building may be reduced to a minimum of 20 feet.
(12)
A yard space of 25 feet is required between end walls and front
or rear faces of parallel buildings.
G. Accessory uses. Within each dwelling-unit-type development, accessory
use setbacks shall be the same as those imposed on principal uses;
provided, however, that no accessory use, except permitted signs,
shall be located within any front yard. Maximum permitted height for
accessory uses is 15 feet.
H. Provisions for commercial development area:
(1)
Minimum lot area. Unless otherwise specified, each use within
the designated commercial development area shall have a minimum lot
size of 30,000 square feet.
(2)
Unless otherwise specified, minimum lot width shall be 150 feet.
(3)
Minimum front yard setback. All buildings, structures (except
permitted signs) and outdoor loading areas shall be set back at least
35 feet from the street right-of-way; off-street parking lots and
outdoor storage areas shall be set back a minimum of 20 feet from
the street right-of-way.
(4)
Minimum side yard setback. All buildings and structures shall
be set back at least 25 feet from the side lot lines. Off-street parking
lots, loading areas and outdoor storage areas shall be set back at
least 15 feet from the side lot lines, unless joint parking facilities
are shared by adjoining uses. In such instances, one of the side yard
setbacks can be waived solely for parking facilities.
(5)
Minimum rear yard setback. All buildings, structures, off-street
parking lots, loading areas and outdoor storage areas shall be set
back at least 20 feet from the rear lot line.
(6)
Maximum permitted height shall be 35 feet, except that any building restricted to the uses defined in §
150-118 of this chapter may be permitted an additional foot of height (to a maximum of 45 feet) for each additional foot of required setback from all property lines.
(7)
Maximum lot coverage: 75%.
(8)
Multiple permitted uses may be located in one building located
on one lot of land.
I. Provisions for shopping centers.
(1)
The subject property shall have its primary access drive connected
to an arterial or collector road as identified in Appendix 1 of this
chapter.
(2)
The minimum lot size shall be one acre.
(3)
The minimum lot width shall be 200 feet.
(4)
The provision of joint parking lots will be subject to §
150-260.
J. Provisions for open space.
(1)
In general, the required open space to be set aside shall attempt
to preserve natural area such as wetlands, streams, scenic views,
woodlands and similar areas.
(2)
Required open space areas must be in the form of large contiguous
tracts, with linear trails connecting larger tracts or parks adjacent
to commercial and residential development parcels, in accordance with
an open space master plan to be approved by the Board of Supervisors.
(3)
The developer must submit a detailed statement including covenants,
agreements or other specific documents showing the ownership and method
of maintenance and utilization of the required open space area within
the development. The covenants and agreements shall be perpetual and
shall be recorded prior to or simultaneous with the approved plan.
(4)
Future development, subdivision or sale of the required open space shall be prohibited without prior permission from West Manchester Township. A note to this effect must be placed on the approved development plan. (See Appendix 7 of Chapter
121, Subdivision and Land Development.)
(5)
Required open space may not include streets, private yards,
or minimum required spacing between buildings. All open space must
be accessible from a public street or a public pedestrian walkway.
(6)
Use of the open space may include recreation equipment, pavilions,
benches, paths and walkways, athletic fields, passive agricultural
activities and similar uses. Residential accessory structures such
as sheds, garages, fences, etc., shall not be permitted in the open
space area. Certain temporary (no longer than two consecutive days)
commercial uses (such as bazaars or sidewalk sales) may be permitted
on an occasional basis with the issuance of a temporary use permit
granted by the Board of Supervisors.
Off-street loading shall be provided as specified in Article
XXV of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone (or area) nor on any side of a building facing an adjoining street.
Off-street parking requirements shall be calculated and provided for each specific use as specified in Article
XXIV of this chapter.
Signs shall be permitted as specified in Article
XXVII of this chapter.
Dumpsters used for domestic garbage may be permitted within
the side or rear yard, provided that such dumpsters are screened from
any adjoining roads or properties. All dumpsters shall be set back
a minimum of 35 feet from any adjoining residentially zoned properties
and 10 feet from all other lot lines.
The initial preliminary or final land development plan submitted with respect to any land development in the Mixed-Use Zone shall designate all areas of any such lot or lots as being part of the residential development area, the commercial development area, or the open space area. The areas so designated may be developed in phases pursuant to successive land development plans, and the areas so designated may be modified, provided that the minimum and maximum distributions of uses as set forth in §
150-116.4C(1) through
(3) are observed with respect to the entire lot subject to the Mixed-Use Zone under this article, regardless of any change in ownership as to all or any portion of such lot, following such submission.