[Ord. No. 196-2018, 9/12/2018]
In accordance with the planning goals of the Honey Brook Multi-Municipal
Comprehensive Plan, and the purpose statements and community development
objectives set forth in Article I of this Chapter, the MUC —
Mixed Use Commercial District is established to provide for a broad
mix of retail, service commercial, and community institutional development.
The MUC District has been established in the Township and Honey Brook
Borough where convenient access and public water and sewer are available.
The MUC District is intended to provide for larger-scale and automobile-oriented
uses which may not be compatible within the Borough's Town Center,
but still located within walkable distances to residential neighborhoods
in and around the Township. The regulations set forth herein are intended
to achieve the following specific purposes:
A.
To provide for a variety of uses which will be an asset to the Honey
Brook community, both from the standpoint of local service and in
terms of diversification of the local tax base;
B.
To accommodate larger scale uses in locations which can feasibly
be served by public water and sewer systems, and with convenient access
to the principal roads of the Borough and Township;
C.
To allow existing businesses to grow and new businesses to establish,
consistent with Chapter standards;
D.
To assure that nonresidential activities will be conducted in a manner
which respects the surrounding residents and land owners;
E.
To provide incentives to individuals who are willing to develop in
a manner which respects the architectural heritage of the Township;
and
F.
To provide opportunity and incentives for the receipt of transferable
development rights (TDR) in both the Township and Borough, both to
enhance mixed-use development opportunities and to support conservation
of lands in designated TDR sending areas within the Township.
[Ord. No. 196-2018, 9/12/2018]
The following uses are permitted within the MUC District when in compliance with the provisions of this district, the applicable provisions of Part 9, General Regulations, the applicable provisions of Part 10, Supplemental Use Regulations, and any other applicable provisions of this Chapter.
A.
Uses permitted by right. A building or other structure may be erected,
altered, or used, and a lot may be used or occupied, for any one of
the following principal uses, together with the permitted accessory
uses, by right in accordance with the terms of the Chapter:
(1)
Retail stores, including grocery and convenience stores, involving
the sale of goods or services to the general public, excluding drive-up
or drive-through services, automobile service stations, or fuel-dispensing
facilities.
(2)
Restaurant, including take-out, and outdoor cafes.
(3)
Public establishment, including bars and taverns.
(4)
Personal service establishments.
(5)
Business, professional, medical, dental, or government office
building, including medical clinics, and multiple offices if contained
in a single building, but excluding treatment centers.
(6)
Financial service establishment, including bank, brokerage,
and savings and loan institution, with walk-up ATMs, but excluding
drive-up or drive-through services.
(7)
Live-work units and upper-level apartments, as a secondary use
to any principal use permitted herein.
(8)
Municipal use.
(9)
Recreational use, indoor.
(10)
Emergency services station.
(11)
Library or similar public uses.
(12)
Public utility buildings and facilities.
(13)
Church or other place of worship.
(14)
Schools, public and private.
(15)
Club or lodge.
(16)
Funeral home, including crematorium as an accessory use associated
with the operation of the funeral home.
(17)
Veterinary office or clinic, or animal hospital.
(18)
Agricultural uses.
(19)
Forestry/timber harvesting.
(20)
Single-family detached dwelling, on a lot created before the
date of enactment of this Chapter.
(21)
Upper-level apartments above a commercial establishment.
(22)
Non-tower wireless communication facility.
(23)
No-impact home occupation, as an accessory use to any single-family
detached dwelling permitted herein.
(24)
Medical marijuana dispensary.
(25)
Group home.
(26)
The receipt of transferable development rights (TDRs) under the applicable provisions set forth in Part 7 of this Chapter.
(27)
Automobile sales, service, and repair.
(28)
Auto service station; fuel-dispensing facility.
(29)
Car wash facility.
(30)
Food stand, fast food restaurant, or restaurant with drive-through
service.
(31)
Drive-through services when proposed as part of a pharmacy or
financial institution.
(32)
Hotel, motel, inn.
(33)
Adult or child day-care facility.
(34)
Parking garage.
(35)
Contracting shop.
(36)
Lumberyard and garden supply store.
(37)
Commercial greenhouse or nursery.
(38)
Recreational use, outdoor.
(39)
Life plan community.
(40)
Assisted living facility, personal care home, or skilled nursing
facility.
(41)
Microbrewery or microdistillery, provided at least 20% of the
facility is dedicated to a tasting room, restaurant, or retail sales.
[Added by Ord. No. 197-2019, 7/10/2019]
B.
Uses Permitted by Special Exception. Within the MUC — Mixed Use Commercial District the following uses may be permitted by the Zoning Hearing Board as a special exception in accordance with the provisions set forth in Part 14 of this Chapter. Special exception uses shall be compatible with the surrounding neighborhood and shall not be detrimental to public health, safety, or welfare:
C.
Uses Permitted as Conditional Use. Within the MUC — Mixed Use
Commercial District any one of the following uses shall be permitted
when approved as a conditional use by the Board of Supervisors in
accordance with Part 13:
(1)
Planned mixed-use commercial development including any combination
of two or more principal uses on a single lot or tract, whether individually
permitted by right, special exception or conditional use, and including
shopping center, live-work units, commercial or office uses with apartments
on upper floors, but excluding mobile home park.
(2)
Planned mixed-use residential development, which may include
up to 30% of nonresidential uses without TDR receipt, and up to 50%
of nonresidential uses with TDR receipt. Permitted nonresidential
uses shall include any use permitted by right in this district or
by right in the Mixed Use Commercial (MUC) District.
(3)
Any other use not elsewhere provided for, and not excluded from,
this district which is, in the judgment of the Board of Supervisors,
of the same general character as the uses permitted herein.
D.
Accessory Uses. The following accessory uses shall be permitted,
where in compliance with all applicable provisions of this Chapter
and provided that they shall be incidental to any of the foregoing
permitted uses:
(1)
Private garage or private parking area.
(2)
Agricultural and nonagricultural accessory buildings.
(3)
Noncommercial swimming pool/hot tub and tennis courts.
(4)
Noncommercial antennas and towers.
(5)
Renewable energy systems.
(6)
Garage/yard and private vehicle sales.
(7)
Keeping of animals.
(8)
Temporary structure, building, or use.
(9)
Other customary accessory structures and uses.
[Ord. No. 196-2018, 9/12/2018]
All uses permitted in this district shall be served by public
water and sewer, and shall comply with the following requirements:
A.
Area and Bulk Regulations for any single principal use, not part
of a planned mixed-use development.
(1)
Minimum net lot area: 1/2 acre.
(2)
Minimum lot width at street line: 50 feet.
(3)
Minimum lot width at building line: 150 feet.
(4)
Minimum setback from street right-of-way: 25 feet.
(5)
Minimum side yard: 20 feet cumulative, but not less than eight
feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum impervious lot coverage: 55%; may be increased up to
70% through receipt of TDRs.
(8)
Maximum building height for single-family detached dwelling:
35 feet.
(9)
Maximum building height for all other uses: 35 feet; may be
increased up to 50 feet through receipt of TDRs.
B.
Area and Bulk Regulations for Planned Mixed-Use Commercial Development
including combinations of two or more principal uses on a single lot
or tract, whether individually permitted by right, special exception
or conditional use.
(4)
Minimum setback from public street right-of-way: 15 feet; building
setbacks from private internal access drives may be reduced to five
feet.
(5)
Minimum side yard: 20 feet cumulative, but not less than eight
feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum impervious lot coverage: 55%; may be increased up to
70% through receipt of TDRs.
(8)
Maximum building height for single-family detached dwellings:
35 feet.
(9)
Maximum building height for all other uses: 35 feet; may be
increased up to 50 feet through receipt of TDRs.
C.
Area and Bulk Requirements for Planned Mixed-Use Residential Development and Life Plan Communities. For portions proposed for single-family detached or two-family dwellings as part of a planned mixed-use residential development, the applicant shall demonstrate compliance with the area and bulk regulations of § 27-503A, calculated separately from compliance with any area and bulk regulations applicable pursuant to this Section. For portions proposed for multifamily residential development as part of a planned mixed-use residential development, the applicant shall demonstrate compliance with the area and bulk regulations of § 27-503C, calculated separately from compliance with any area and bulk regulations applicable to this Section. For life plan communities, the applicant shall demonstrate compliance with the area and bulk regulations of § 27-503D.
[Ord. No. 196-2018, 9/12/2018]
A.
The following design standards shall govern all uses, as applicable,
in this zoning district:
(1)
Lighting, screening, buffering, and outdoor display and storage
shall be in accordance with Part 9, General Regulations.
(2)
Signage shall be in accordance with Part 9, General Regulations.
(3)
Parking, loading, access, and interior circulation shall be
in accordance with Part 9, General Regulations.
(4)
Sidewalks.
[Added by Ord. No. 197-2019, 7/10/2019]
(a)
Except as otherwise provided herein, every lot proposed as part of a subdivision or land development shall contain sidewalk or a pedestrian trail as determined by the Board of Supervisors. Sidewalk design and construction shall be consistent with the requirements of § 22-618 of the Township Subdivision and Land Development Ordinance [Chapter 22]. Pedestrian trails shall be designed as per the discretion of the Board of Supervisors.
(b)
Any lot with a front yard adjacent to Rt. 322 or Rt. 10 within
the MUC Mixed Use Commercial District shall contain a pedestrian connection,
the location of which on the lot shall be approved by the Board of
Supervisors. On such a lot, a front sidewalk may be provided or, at
the discretion of the Board, an alternative means of pedestrian access
that forms a continuous connection to the contiguous lots shall be
provided within the interior of the lot.
