[Ord. 11/25/2003, § 600; as amended by Ord. 08-120,
4/17/2008, § B]
1.
Permitted Uses. Uses are permitted in by right, as special exceptions, and as conditional uses in mixed-use districts in accordance with § 27-602.
2.
Special Exception Uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 27-602.
3.
Conditional Uses. The Board of Supervisors is the authorizing body to grant conditional uses specified in § 27-602.
4.
Applications for special exception and conditional uses must meet
the following criteria:
A.
The use shall not generate high levels of noise, noxious odors, air
pollution or glare.
B.
The manner, location and hours of operations and of deliveries to
the premises shall be compatible with the daily cycle of active and
quiet periods associated with any adjacent or nearby residential uses.
C.
The use shall complement other uses in the district, creating a mixed-use
character that contributes toward an increased rate of pedestrian
access to local services, minimized auto-trip generation, and additional
security for district businesses.
D.
Additional criteria specified in sections of this Part and § 27-1902 shall be met for conditional uses and special exception uses, when appropriate.
E.
The applicant shall prepare a site plan as part of the application
submission.
5.
Off-Street Parking and Loading. Off-street parking and loading shall
be provided in accordance with Part 13.
6.
Buffers. Buffers shall be provided in accordance with Part 12.
7.
Sewer and Water Facilities. All development in mixed-use districts
shall be served by water and sanitary sewer facilities acceptable
to the Board of Supervisors and subject to the approval of the Pennsylvania
Department of Environmental Protection or its successor agency and
the appropriate municipal authority providing water and sewer facilities.
8.
Natural and Landscaped Areas. Except as provided for in specific
sections of this Part, all portions of a tract not occupied by buildings
and required improvements shall be maintained as landscaped areas
consisting of natural environmental features and/or planted vegetation.
9.
Performance Standards. Any activity or use in mixed-use districts
shall comply with the performance standards of Part 7.
[Ord. 11/25/2003, § 601; as amended by Ord. 08-120,
4/17/2008, § C; by Ord. 2010-135, 3/18/2010, § B;
by Ord. 2010-136, 3/23/2010; by Ord. 2013-150, 6/26/2013, § 3;
and by Ord. 2013-151, 11/21/2013, § 2]
Districts
| ||||||
---|---|---|---|---|---|---|
Use Classification
|
VMX
|
MX
|
BP
|
TND
| ||
Retail commerce, including:
| ||||||
1.
|
Stores and personal service shops dealing directly with customers
|
SE
|
P
|
SE
| ||
2.
|
Restaurants or other similar establishments, but excluding drive-in
facilities
|
SE
|
P
|
SE
| ||
3.
|
Banks, which may include drive-in facilities
|
CU
|
SE
|
CU
|
CU
| |
4.
|
Cinemas or similar recreational or cultural establishments
|
CU
|
P
|
CU
| ||
5.
|
Exercise or fitness facilities
|
SE
|
P
|
SE
| ||
6.
|
Studios for dance, art, music or photography
|
SE
|
P
|
SE
| ||
7.
|
Nursery schools or day care centers
|
SE
|
P
|
CU
|
SE
| |
8.
|
Self-service storage facilities
|
CU
|
CU
| |||
Business or professional offices, including;
| ||||||
1.
|
Operations designed to attract and serve customers or clients
on the premises, such as the offices of physicians, lawyers, other
professions, veterinarians (but excluding animal boarding facilities),
insurance and stock brokers, travel agents, and government entities
|
SE
|
P
|
P
|
SE
| |
2.
|
Operations designed to attract little or no customer or client
traffic other than employees of the entity operating the principal
use
|
P
|
P
|
P
|
P
| |
Hotels, motels or inns
|
CU
|
P
|
CU
|
CU
| ||
Bed and breakfast establishments
|
CU
|
P
|
CU
| |||
Not-for-profit museums, libraries or other educational, cultural,
religious, civic or philanthropic uses of a similar nature
|
CU
|
P
|
CU
| |||
Golf courses
|
CU
| |||||
Campgrounds
|
CU
|
CU
| ||||
Public and not-for-profit private recreation
|
CU
|
P
|
CU
|
CU
| ||
Transit stations, public utility facilities
|
CU
|
CU
|
CU
|
CU
| ||
Single-family detached residential dwellings (SFD)
|
CU
|
CU
|
CU
|
P
| ||
Two-family residential dwellings (2F)
|
P
|
CU
|
P
| |||
Single-family attached residential dwellings (SFA)
|
P
|
P
|
P
| |||
Multi-family residential dwellings (MF)
|
P
|
P
|
P
| |||
Residences, in mixed-use commercial-residential or institutional-residential
buildings
|
P
|
P
|
P
| |||
Drive-in facility
|
CU
| |||||
Public garage, motor-vehicle sales, service or repair shop,
gasoline service station and motor vehicle parking lot
|
CU
|
CU
|
CU
| |||
Media Operations
|
P
| |||||
Forestry
|
P
|
P
|
P
|
P
| ||
Theater, concert hall, or similar establishment
|
CU
|
CU
| ||||
Theme/amusement/entertainment/ water parks
|
CU
|
CU
| ||||
Licensed gaming facility
|
P
| |||||
Assisted living facilities**
|
CU
|
CU
| ||||
Essential services
|
P
|
P
|
P
|
P
| ||
Planned use development-single-family attached townhouse dwellings
(PUD-SFA)
|
P
|
KEY:
| |
P
|
Permitted
|
SE
|
Special Exception
|
CU
|
Conditional Use
|
NOTES:
| |
**
|
See specific information criteria listed in § 27-1603
|
[Ord. 11/25/2003, § 602; as amended by Ord. 110-2004,
11/1/2004]
Districts
| ||||||||
---|---|---|---|---|---|---|---|---|
Standards
|
RO
|
VMX
|
MX
|
BP
|
TND
| |||
Maximum Tract Density (units per developable acre)
|
4.0
|
4.0
|
12.0
|
—
|
4.0
| |||
Maximum Tract Density (floor-area ratio [FAR])
|
0.3
|
0.3
|
0.6
|
0.4
|
0.15
| |||
Minimum Tract Area (square feet)
|
10,000
|
10,000
|
40,000
|
80,000
|
—
| |||
Minimum Tract Area (acres)
|
—
|
—
|
—
|
—
|
100
| |||
Maximum Building Coverage (% of tract)
|
35
|
35
|
30
|
25
|
25
| |||
Maximum Impervious Coverage (% of tract)
|
50
|
50
|
45
|
40
|
35
| |||
Central Water and Sewer Facilities Required
|
No
|
No
|
Yes
|
Yes
|
Yes
| |||
Maximum Height - Principal Structures (feet)
|
35
|
35
|
45
|
35
|
35
| |||
Maximum Height - Accessory Structures (feet)
|
16
|
16
|
50% height of tallest principal structure
|
16
| ||||
Minimum Lot Width at Right-of-Way Line (feet)
|
40
|
40
|
100
|
200
|
20
| |||
Minimum Lot Width at Building Setback Line (feet)
|
40
|
40
|
120
|
250
|
40
| |||
Minimum setbacks from streets (feet):
| ||||||||
Any building face to local street
|
25
|
25
|
25
|
25
|
25
| |||
Any building face to arterial street ultimate right-of-way
|
40
|
40
|
50
|
50
|
50
| |||
Any building face to collector street ultimate right-of-way
|
30
|
30
|
40
|
40
|
30
| |||
Any building face to common parking area
|
10
|
10
|
10
|
10
|
10
| |||
Surface parking areas to arterial street ultimate right-of-way
|
20
|
20
|
20
|
20
|
20
| |||
Surface parking areas to collector street ultimate right-of-way
|
15
|
15
|
15
|
15
|
15
| |||
Surface parking areas to local street ultimate right-of-way
|
10
|
10
|
10
|
10
|
10
| |||
Minimum principal structure setbacks from tract perimeter (feet):
| ||||||||
From other like-zoned tracts
|
10
|
10
|
10
|
20
|
10
| |||
From any residential district boundary line
|
15
|
15
|
40
|
50
|
30
| |||
From other district boundary lines
|
20
|
15
|
20
|
30
|
20
| |||
Minimum accessory structure setbacks from tract perimeter (feet):
| ||||||||
From other like-zoned tracts
|
8
|
10
|
10
|
10
|
10
| |||
From any residential district boundary line
|
15
|
15
|
35
|
40
|
15
| |||
From other district boundary lines
|
10
|
10
|
20
|
20
|
20
| |||
Minimum surface parking areas, driveways, interior roadways
setbacks from tract perimeter (feet):
| ||||||||
From other like-zoned tracts
|
5
|
5
|
10
|
10
|
10
| |||
From any residential district boundary line
|
10
|
10
|
30
|
30
|
30
| |||
From other district boundary lines
|
10
|
10
|
15
|
15
|
15
| |||
Minimum principal building spacing (feet):
| ||||||||
Window wall to windowless wall
|
20
|
20
|
20
|
20
|
20
| |||
Window wall to window wall
| ||||||||
a)
|
Front to front
|
40
|
40
|
50
|
60
|
40
| ||
b)
|
Rear to rear
|
35
|
35
|
45
|
55
|
35
| ||
c)
|
End to end
|
25
|
25
|
35
|
45
|
25
| ||
d)
|
Front to rear
|
40
|
40
|
50
|
60
|
40
| ||
e)
|
Front to end
|
40
|
40
|
50
|
60
|
40
| ||
f)
|
Rear to end
|
35
|
35
|
45
|
55
|
35
|
[Ord. 11/25/2003, § 603; as amended by Ord. 2013-150,
6/26/2013, § 4]
1.
Intent. The intent of the VMX Village Mixed-use District is to maintain
and reinforce the historic, mixed-use, and pedestrian-oriented character
of existing low-to-moderate intensity residential and commercial areas
on Routes 97 (Baltimore Pike), 134 (Taneytown Road), Business 15 (Emmitsburg
Road), and 34 (Biglerville Road). Furthermore, it is the intent to:
A.
Reinforce these low-intensity, mixed-use areas, following the precedent
of traditional villages, by keeping a variety of different, reasonably
compatible uses together in a closely-knit setting.
B.
Encourage the use and re-use of existing structures and discourage
their demolition.
C.
Sustain the historic character of these areas through the sensitive
integration of new development into the physical structure of a village.
D.
Reinforce the pedestrian-scaled and -oriented character of these
areas by encouraging a diversity of relatively-small-scaled land uses
and business enterprises.
E.
Allow for the development of land and buildings within these areas
for a variety of uses, either individually or as part of compatible
mixed-use developments incorporating both residential and non-residential
uses, and for civic, public, and semi-public uses.
F.
Provide for convenient, local services for township residents living
in and near to these areas and opportunities for short-distance trips
by automobile or alternate means, such as by bicycle or on foot.
2.
Permitted Uses. Uses are permitted in VMX Village Mixed-Use Districts in accordance with § 27-602.
4.
Commercial Uses. Commercial uses shall be contained in multi-story,
mixed-use structures with commercial uses on the ground level and
office and/or dwellings on the upper levels. The minimum distance
between structures shall be 15 feet. The space between buildings shall
be landscaped and may include pedestrian pathways.
5.
Orientation of Commercial Premises. Patron access to commercial premises
shall be by way of a door or similar opening giving access directly
from the sidewalk along the front of the property or directly from
the street right-of-way.
[Ord. 11/25/2003, § 604; as amended by Ord. 08-120,
4/17/2008, § D; and by Ord. 2013-150, 6/26/2013, § 5]
1.
Intent. The intent of the MX Mixed-Use District is to provide for
the combining of offices, stores and shops, hotels and inns, higher-intensity
residential uses, and civic, public, and semi-public uses in the township
center in the vicinity of the intersection of US Route 30 and Herr's
Ridge Road (as defined in the Comprehensive Plan) and secondary Township
centers (as delineated in the Land Use Plan of the Comprehensive Plan)
on Business Route 15 (Emmitsburg Road), Route 34 (Biglerville Road),
and Business Route 15 (Old Harrisburg Road). It is the purpose of
these regulations to encourage a diversification of uses in each MX
Mixed-Use District and to promote close interrelationships among different
uses; high-quality, visually-attractive, and environmentally-responsible
site design and buildings; efficient circulation systems; conservation
of land and energy resources; reduced rates of auto-trip generation;
and increased opportunities for pedestrian circulation. In addition,
the specific intent of the district is to:
A.
Encourage the development of land and buildings along designated
roadways for a variety of uses, either individually or together within
the same building, for compatible mixed-use developments.
B.
Permit the development of functionally-related land uses in a manner
that is more efficient, environmentally-sensitive, and mutually-supporting
than conventional sprawling, strip-type, low-intensity suburban development.
C.
Minimize potential traffic hazards by encouraging planned, physically-integrated,
multiple-use facilities that utilize a reduced number of access driveways
when compared to conventional strip-type development.
D.
Minimize auto-trip generation through maximizing opportunities for
pedestrian movement and patronage of multiple facilities in a development
district that emphasizes the interrelationship of uses and structures.
E.
Establish a framework for development that anticipates and encourages
the necessary conditions for a high level of pedestrian circulation.
F.
Provide for natural and landscaped areas convenient to office and
commercial concentrations, so as to function for the general benefit
of the community as places for relaxation, recreation, and social
activity.
G.
Preserve and enhance the functional values of natural and landscaped
areas for developed areas, including groundwater recharge, runoff
control, and microclimate moderation.
4.
Building Spacing. All structures connected by a common roof line
or effectively connected by means of intervening covered areas shall
be considered as one structure. The space between buildings shall
be landscaped and may include pedestrian pathways.
5.
Pedestrian Circulation Provisions for Natural and Landscaped Areas. Natural and landscaped areas, as provided for in § 27-601, shall predominantly consist of natural environmental features or planted and maintained vegetation, but up to 20% of the total area may also consist of exterior common use areas such as pedestrian paths, sidewalks, plazas, courtyards, and recreational amenities. Whenever practicable, ground surfaces in common use areas shall be constructed of pavers in a sand setting bed with permeable joints, or similar partly-pervious surface treatments.
6.
Specific Use Criteria. Certain uses shall adhere to the use criteria specified in this section as part of the land development plan submission. Specific use criteria in this section shall supersede § 27-603, "Development Standards for Mixed Use Districts."
A.
Theme/Amusement/Entertainment/Water Parks and Theater/Concert Hall
Establishments. The following specific use criteria is applicable
and shall be followed for theater, concert hall or similar establishments:
Standard
|
Minimum Requirement
|
Design Requirements
| |
---|---|---|---|
Master Planning and Design
| |||
Master Plan
|
Site Plan
|
Park and Resort Master Plan. The applicant must provide the
Township with a master plan including: all building(s) and placement
orientation, parking layout, forecasted water and sewer needs and
line locations, pedestrian walkways, ride locations, stormwater facilities
and best management practices for runoff, park entrance/admissions
location, security measures, handicap accessibility, pedestrian accessibility,
park expansion plans (rides, resort businesses and parking). The applicant
shall provide the Township with the park and resort's gateway
design concepts and entry point locations, signage needs and anticipated
attractions mix (restaurant, park rides, hotel accommodations, etc.).
| |
Attendance Projections
|
Projection data
|
Applicant must provide:
| |
1.
|
Estimated annual park and resort attendance.
| ||
2.
|
Estimated number of families coming to the park during peek
season.
| ||
3.
|
Estimated number of families during peek time of day.
| ||
4.
|
Anticipated park capacity.
| ||
5.
|
Attendance trends (if applicable) in the case of park expansion.
A trend chart shall be provided that acknowledges known increases
or decreases in park attendance.
| ||
Emergency Services Forecasting
|
Facility and personnel needs
|
1.
|
Applicant must provide future fire, police and ambulance requirements
of the park and resort.
|
2.
|
The applicant must demonstrate his ability to provide the required
or forecasted emergency services.
| ||
Park and Resort Security
|
Security Plan
|
Applicant must provide a security plan including:
| |
1.
|
Park and resort security demands.
| ||
2.
|
Staffing requirements.
| ||
3.
|
Police demands placed on the Township.
| ||
4.
|
Planned security facilities and or structures.
| ||
Park and Resort Spending Projections
|
Applicant must provide park and resort per capita spending projections.
| ||
Parking
|
Parking layout
|
Parking lots, overflow parking areas, and parking space calculations
should be shown on the master plan.
| |
Parking and Circulation
|
Parking and Circulation Plan
|
Applicant must provide the park and resort parking layout, projected
vehicle parking spaces, vehicle and pedestrian circulation plan.
| |
Pervious Pavement Requirements:
| |||
1.
|
30% of the total number of parking spaces shall be constructed
of pervious parking materials.
| ||
2.
|
Grass and mulch are examples of pervious ground cover; gravel
and pavement are examples of impervious surfaces.
| ||
Overflow/Reserve Parking Lots:
| |||
1.
| |||
2.
|
Shall be shown on the master plan and subsequent land development
plans.
| ||
Egress/Ingress
|
2 points of access
|
The master plan shall provide two separate points of ingress/egress
into the park and resort primary tract. The ingress/egress separation
distance must be a minimum of 100 feet.
| |
Traffic
|
Traffic Impact Study
|
In accordance with the Township Subdivision Land Development Ordinance, § 22-413 (answer pending)
| |
Natural Environment
|
Site Analysis Plan
|
A map denoting the site's environmental features is required
including:
| |
1.
|
Park and resort security demands.
| ||
2.
|
Floodplains, steep slopes, hydric soils and wetlands.
| ||
3.
|
Woodlands and natural drainage depressions.
| ||
4.
|
Hedge rows and stone walls.
| ||
5.
|
Structures or cultural features known or suspected to be 80
years of age or older.
| ||
Minimum Primary Tract Area
|
50 acres
|
Theme/amusement/entertainment/ water park use (including all
lands within the full master plan) shall be a minimum of 50 acres.
| |
Maximum Tract Area
|
200 acres
|
Theme/amusement/entertainment/ water park (including all lands
within the full master plan including any and all expansion plans)
shall be a maximum of 200 acres.
| |
Perimeter Tract Buffer
|
100 feet
|
No buildings or parking facilities shall be located within the
buffer area.
| |
Maximum Impervious Coverage
|
65%
| ||
Open Space
|
35%
|
Park and resort lands within the master plan shall be planted
and included in all overall landscaping plan. The perimeter tract
park buffer may be included within the 35% open space.
| |
Central Water and Sewer Facilities
|
Required
|
Anticipated water and sewer capacity needs shall be provided.
The applicant shall demonstrate the ability to provide adequate water
and sewer for its use.
| |
Maximum Height
| |||
Buildings
|
90 feet or 8 stories
|
Buildings as well as any indoor water or amusement rides shall
meet the maximum 90 feet height requirement. Building height measurements
shall be certified by a certified engineer.
| |
Rides and Rides Located Within Enclosed
|
100 feet
|
Applicant must demonstrate that the ride will be in compliance
with ASTM F 770-88 standard.
| |
Structures/ Buildings
|
Practice for operation procedures for amusement rides and devices.
Ride height measurement shall be certified by a certified engineer.
| ||
Minimum Lot Width
|
500 feet
|
Lot width shall be measured at the front lot line.
| |
Minimum Lot Depth
|
200 feet
| ||
Lighting
|
Lighting Plan
|
Applicant must provide a detailed lighting plan as part of the
final land development plan.
| |
1.
|
Lighting should be directed downward and should not be directed
outside the property line. Laser light shows should also follow this
directive.
| ||
2.
| |||
Signage
|
Signage Plan
|
Applicant must submit a signage plan package during final subdivision/land
development plan approval process including:
| |
1.
|
Gateway signage.
| ||
2.
|
Parking and circulation/directional signage.
| ||
3.
|
Park attraction signage.
| ||
4.
|
Off-site signage.
| ||
All signs shall be in accordance with Chapter 19, "Signs."
| |||
Park Operations
|
Operations Plan
|
Applicant must submit an operation plan that includes:
| |
1.
|
Hours of operation on exterior activities.
| ||
2.
|
Procedures alerting the Township of outdoor events including
parades, laser or firework displays, and outdoor concerts/events.
| ||
3.
|
Park audio system information.
|
[Ord. 11/25/2003, § 605]
1.
Intent. The intent of the BP Business Park District is to provide
for business and professional offices that require large floor areas
in their operations. Furthermore, it is the intent to:
A.
Create a setting for development that ensures compatibility with
adjacent and neighboring uses and that anticipates and accommodates
subsequent development.
B.
Coordinate access for development alongside highways, and to support
the maintenance of a high level of service on roadways, especially
with respect to traffic safety.
C.
Preserve and enhance the functional values of open space and landscaping
for developed areas, including groundwater recharge, runoff control,
microclimate moderation, noise attenuation, and visual buffering.
4.
Pedestrian Circulation Provisions for Natural and Landscaped Areas. Natural and landscaped areas, as provided for in § 27-601, shall predominantly consist of natural environmental features or planted and maintained vegetation, but up to 20% of the total area may also consist of exterior common use areas such as pedestrian paths, sidewalks, plazas, courtyards, and recreational amenities. Whenever practicable, ground surfaces in common use areas shall be constructed of pavers in a sand setting bed with permeable joints, or similar partly-pervious surface treatments.
[Ord. 11/25/2003, § 606]
Traditional neighborhood development shall occur in compliance
with the Traditional Neighborhood Development Ordinance, adopted June
21, 2001 and as may be amended by the Board of Supervisors.