Township of Cumberland, PA: BP Business Park District.

[Ord. 11/25/2003, § 600; as amended by Ord. 08-120, 4/17/2008, § B]

Permitted Uses. Uses are permitted in by right, as special exceptions, and as conditional uses in mixed-use districts in accordance with § 27-602.

Special Exception Uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 27-602.

Conditional Uses. The Board of Supervisors is the authorizing body to grant conditional uses specified in § 27-602.

Applications for special exception and conditional uses must meet the following criteria:

The use shall not generate high levels of noise, noxious odors, air pollution or glare.

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.

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.

Additional criteria specified in sections of this Part and § 27-1902 shall be met for conditional uses and special exception uses, when appropriate.

The applicant shall prepare a site plan as part of the application submission.

Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with Part 13.

Buffers. Buffers shall be provided in accordance with Part 12.

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.

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.

Performance Standards. Any activity or use in mixed-use districts shall comply with the performance standards of Part 7.

§ 27-602 Permitted Uses — Mixed-Use Districts.

[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

§ 27-603 Development Standards — Mixed-Use Districts.

[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

§ 27-604 VMX Village Mixed-Used District.

[Ord. 11/25/2003, § 603; as amended by Ord. 2013-150, 6/26/2013, § 4]

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:

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.

Encourage the use and re-use of existing structures and discourage their demolition.

Sustain the historic character of these areas through the sensitive integration of new development into the physical structure of a village.

Reinforce the pedestrian-scaled and -oriented character of these areas by encouraging a diversity of relatively-small-scaled land uses and business enterprises.

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.

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.

Permitted Uses. Uses are permitted in VMX Village Mixed-Use Districts in accordance with § 27-602.

Development Standards. Uses shall occur in accordance with the standards of § 27-603.

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.

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.

§ 27-605 MX Mixed-Use District.

[Ord. 11/25/2003, § 604; as amended by Ord. 08-120, 4/17/2008, § D; and by Ord. 2013-150, 6/26/2013, § 5]

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:

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.

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.

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.

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.

Establish a framework for development that anticipates and encourages the necessary conditions for a high level of pedestrian circulation.

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.

Preserve and enhance the functional values of natural and landscaped areas for developed areas, including groundwater recharge, runoff control, and microclimate moderation.

Permitted Uses. Uses are permitted in MX Mixed-Use Districts in accordance with § 27-602.

Development Standards. Uses shall occur in accordance with the standards of § 27-603.

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.

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.

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."

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.	Overflow/reserve parking lots shall be designed in accordance with § 27-1301, Subsection 11.
		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.	Install lighting in accordance with § 27-1301, Subsection 10.
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.

§ 27-606 BP Business Park District.

[Ord. 11/25/2003, § 605]

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:

Create a setting for development that ensures compatibility with adjacent and neighboring uses and that anticipates and accommodates subsequent development.

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.

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.

Permitted Uses. Uses are permitted in BP Business Park Districts in accordance with § 27-602.

Development Standards. Uses shall occur in accordance with the standards of § 27-603.

§ 27-607 TND Traditional Neighborhood Development.

[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.