[Ord. 876, 8/17/2006; as amended by Ord. 975, 6/16/2016]
The purpose of the Mixed-Use District is to permit coordinated
development that includes a mixture of retail, cultural, service,
office, residential and institutional uses in a single structure or
complex of related structures; to promote and sustain development
of a neighborhood-type character; to preserve and reuse existing buildings
that represent the character of the surrounding environment; to encourage
conservation of land resources, utilizing pedestrian facilities that
minimize automobile travel and the mixed-use projects by allowing
greater densities than would otherwise be permitted to the extent
the proposed mix of uses, design and location warrants.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013;
by Ord. 975, 6/16/2016; by Ord. 983, 11/16/2017; by Ord. No. 1009, 4/6/2023]
1. The following are permitted uses in the Mixed-Use zoning district.
2. To promote and protect the intended nature of the Mixed-Use zoning
district, all permitted uses are limited to 10,000 square feet of
gross floor area per use. Permitted uses utilizing greater than 10,000
square feet of gross floor area are by conditional use only. Multiple
uses located within one structure or complex of structures are limited
to 10,000 square feet of gross floor area per use, unless a conditional
use is granted.
A. Restaurants, tea rooms, cafes and other eating places that serve
food and beverages.
(1)
Excludes drive-through services.
(2)
Nightclubs, taverns and other entertainment venues by conditional
use.
(3)
Outdoor eating permitted by conditional use.
B. Financial institutions.
(1)
Drive-through services by special exception.
C. Professional offices/professional occupations.
D. Personal service establishments.
E. Retail sales.
(1)
Principle activity is the sale of merchandise in an enclosed
building.
(2)
Single-purpose/specialty retailers and general retail sales.
(3)
Excludes adult bookstores and adult entertainment.
F. Bakery, candy, pastry, confectionery or ice cream retail sales.
I. Art studios/galleries and museums for the display and/or instruction
of dance, music, martial arts, or similar cultural pursuits.
J. Municipal buildings and facilities, including parks, playgrounds,
trails, paths, and other public recreational areas and civic space.
K. No-impact home-based businesses.
M. Bed-and-breakfasts. (See § 1306.)
(1)
Establishments with more than three rooms to rent by conditional
use.
O. Residential uses existing at the time of ordinance adoption.
Q. Outdoor eating activity as an accessory use to a permitted principal
use.
R. School of creative and performing arts as defined in Part
2, § 201.
T. Short-term lodging accommodations not to exceed two transient occupants
in accordance with § 1332.
U. Rooming units not to exceed three rooms which may house a maximum
of three individuals.
V. Accessory dwelling unit in accordance with § 1333.
W. Mixed-use short-term lodging accommodations in accordance with §
27-1334.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
The following uses are permitted in the Mixed-Use District by
special exception as follows:
A. Home occupations. (See § 1410.)
B. Day-care residences for not more than eight individuals, excluding
children who permanently reside at the residence. (See § 1407.)
C. Parking as a principal use. (See § 1411.)
D. Churches or similar places of worship, parish houses, and convents.
(See § 1406.)
E. Drive-in banking services. (See § 1408.)
F. Demolition of buildings, excluding accessory structures. (See § 1415.)
[Ord. 876, 8/17/2006]
The following uses are permitted in the Mixed-Use District by
conditional use as follows:
A. Permitted uses utilizing greater than 10,000 square feet of gross
floor area.
B. Outdoor eating activity. (See § 1328.)
C. Residential-care homes/facilities.
D. Day-care centers. (See § 1507.)
E. Movie theaters/performing arts theaters.
F. Clubs, lodges, and fraternal organizations. (See § 1506.)
G. Nightclubs, taverns, and other entertainment venues.
H. New construction residential structures.
I. Funeral homes. (See § 1508.)
J. Public and private schools. (See § 1513.)
K. Bed-and-breakfast establishments with four or more rooms to rent.
(See § 1505.)
[Added by Ord. 983, 11/16/2017]
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
1. When converting an existing residential structure into a nonresidential
permitted use occupying some of the existing dwelling, with the remainder
of the property used for residential purposes, the following apply:
A. The residential use shall not be permitted to occupy any of the ground-floor
space of the structure.
B. Each residential unit shall meet the requirements of the Borough's
Existing Structures and Property Maintenance Code, and the occupancy shall comply with the definition of
"family" in the Zoning Ordinance.
C. No conversion shall result in a dwelling unit that has less than
300 square feet of habitable floor area.
D. The principal structure shall be on a minimum of 5,000 square feet
of lot space.
E. The proposed uses shall comply with the parking requirements of Part
16.
F. Sewer/water tapping fees apply for each new residential and nonresidential
unit and/or additional use added to the building.
G. Fire escapes, where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
2. Any existing commercial structure within the Mixed-Use District,
as a principal structure on a lot, may be combined with residential
dwelling units. The individual dwelling unit shall not be less than
300 square feet of habitable floor space. The dwelling units shall
not be permitted to occupy space on the ground-floor space and sub-ground-floor
space of the structure. The principal commercial structure shall be
on a minimum of 5,000 square feet of lot space. The proposed uses
shall comply with the parking requirements of Part 16. Furthermore,
residential units shall not exceed 25% of the structure's use.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
1. New construction of residential buildings is permitted by conditional
use for the following:
A. Single-family detached dwellings.
B. Single-family semidetached dwellings.
C. Single-family attached dwellings.
D. Two-family detached dwellings.
E. Apartment houses/apartment dwellings.
2. Conversion apartments are excluded and not permitted except as outlined
in § 12A05.
3. With the exception of apartment houses/apartment dwellings constructed on lots equal to or greater than one acre in size, which shall comply with the requirements of § 12A06, Subsection
4, below, all construction of residential units must comply with the lot area, lot width, lot depth, and coverage regulations as outlined in Chapter
27, Part
8, § 807, Subsections
1 and
2, as they apply to the uses above.
[Amended by Ord. No. 999, 6/18/2020]
4. Apartment
houses/apartment dwellings constructed on lots equal to or greater
than one acre in size shall comply with the following:
[Added by Ord. No. 999, 6/18/2020]
A. Lot
area, lot width and lot depth requirements of not less than the following
dimensions shall be provided for each apartment house or apartment
dwelling structure or use hereafter erected, established or altered
for any use permitted within this district:
Use
|
Lot Area
(square feet)
|
Street
(feet)
|
Setback
(feet)
|
Lot Depth
(feet)
|
---|
Apartment dwellings
|
1,000 per unit
|
55
|
55
|
100
|
B. Coverage
regulations. Lot coverage shall not exceed 70%. The remainder of the
lot must be maintained in a vegetative cover or natural state.
[Ord. 876, 8/17/2006]
Any nonresidential building, as a principal structure on a lot,
may be used for any of the permitted nonresidential uses of this zoning
district in accordance with the guidelines of this chapter.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
Construction of a nonresidential unit shall comply with the
guidelines of this Chapter and receive appropriate review and approval
according to the provisions of the Borough's Zoning Ordinance and
Subdivision and Land Development Ordinance.
[Ord. 876, 8/17/2006]
These performance standards apply to all uses in the Mixed-Use
Zoning District:
A. Such uses, operations, or products shall not be obnoxious or offensive
by reason of the emission of gas, odor, dust, smoke, noise, vibration,
refuse matter or other causes in accordance with § 1313.
B. Residential units must meet the requirements of the Borough's Existing Structures and Property Maintenance Code. (Chapter
5, Part
1).
C. There shall be no manufacturing, compounding, processing or treatment
of products other than that which is clearly incidental to a retail
store and when all products are sold on the premises.
D. Stores, shops and businesses shall be conducted within an enclosed
building, unless permitted otherwise as outlined by the regulations
in this chapter.
E. Commercial uses shall be designed and operated, and hours of operation
limited where appropriate, so that neighboring residents are not exposed
to offensive noise, especially from traffic or late-night activity.
No amplified music shall be audible to neighboring residents.
F. All uses shall conform to the performance standards outlined in the Borough's Zoning Ordinance, Part
13, § 1313.
[Ord. 876, 8/17/2006; as amended by Ord. 946, 3/21/2013]
The minimum height requirement of a building shall be 35 feet.
[Ord. 876, 8/17/2006; as amended by Ord. No. 999, 6/18/2020]
Lot coverage for all uses in the district shall not exceed 65%,
except as provided for in § 12A06, Subsection 4B. The remainder
of the lot must be maintained in a vegetative cover or natural state.