An application for a mall conversion shall be governed by the provisions of the Mall Conversion Overlay District regulations and shall supersede and replace the provisions of Article
XXIII, §§
275-135 through
275-140 for all purposes.
Buildings may be erected, altered or used and land may be used
or occupied for any combination of the following uses:
A. The following nonresidential uses are permitted as of right within
the Mall Conversion Overlay District:
(1)
Retail stores, including without limitation department stores,
hardware stores, lawn and garden stores;
(2)
Personal service or custom shops;
(3)
Banks or other financial institutions, with or without drive-up
window and/or accessory ATM facilities;
(5)
Pharmacies, with or without drive-up windows;
(6)
Restaurants and taverns, with or without outdoor service of food and/or alcohol, with and/or without electronic entertainment centers, mechanical games and other recreational uses, drive-through service(s), musical entertainment and dancing (but excluding adult entertainment or dancing as defined in §
275-117.2), provided that all musical entertainment and dancing activities shall be indoors except for such special outdoor events as are approved by Township Council;
(7)
Restaurants, fast food; with or without drive-through service(s);
(9)
General or professional offices;
(11)
Health and fitness centers, including ancillary services such
as wellness, physical rehabilitation facilities and prevention health
education activities;
(12)
Motor vehicle service centers (excluding motor vehicle sales
and junk or wrecking yards);
(13)
Convenience stores with retail gasoline sales;
(14)
Medical offices (with inpatient and outpatient surgery facilities);
(17)
Recreational uses, with or without service of food and/or alcohol,
including bowling alleys and electronic entertainment facilities;
(18)
The retail sale of pets, pet grooming, veterinary (and boarding
associated with veterinary care), and other pet services and related
products.
[Added 10-22-2018 by Ord.
No. 797]
(19)
Uses substantially similar to the uses described in § 275-140.3A(l)
through (18) above as approved by Township Council.
[Amended 10-22-2018 by Ord. No. 797]
B. The following residential uses are permitted as of right within the
Mall Conversion Overlay District:
(1)
Multifamily dwellings together with multitiered, structured
parking.
C. Permitted accessory uses within the Mall Conversion Overlay District:
(1)
Uses customarily incidental to the uses permitted in §
275-140.3A and
B.
(3)
Parking, whether structured parking or surface parking;
(4)
Storage structures for or in connection with the storage of
equipment and/or materials used for the maintenance of the multifamily
residential buildings and/or mall buildings in general.
The maximum height of buildings within the Mall Conversion Overlay District shall be as follows, except as provided in the special provisions in Article
XXXIV of the Zoning Ordinance which provides for exceptions to height regulations for certain structures:
Development in a Mall Conversion Overlay District shall comply
with design guidelines which shall be subject to Township Council's
approval in conjunction with the approval of any land development
application filed pursuant to the Mall Conversion Overlay District
regulations.
Stormwater management in a mall conversion shall be subject
to the requirements of the Stormwater Management Ordinance.
Individual fee simple pad lots may be created for purposes of
financing and/or conveyancing in connection with development of a
tract within the Mall Conversion Overlay District. Such individual
pad lots shall not be required to comply on an individual basis with
the dimensional requirements of this article, provided that the tract
complies with such requirements on an overall basis, and provided
further that a declaration of covenants, easements and restrictions
is recorded that contains provisions that require each owner of a
pad lot to, at all times, operate and maintain such owner's pad lot
in good order and repair and in a clean and sanitary condition; that
establishes cross easements for the benefit of each pad lot for parking
areas and all appurtenant ways, vehicular and pedestrian access and
utilities; and which is subject to the approval of the Township Solicitor.
The owner of any such pad lot shall covenant and agree to be bound
by all of the conditions as set in the declaration of covenants, easements
and restrictions embodying the terms and conditions of this section.
Where pad lots are proposed, a subdivision plan shall be submitted
at the time of final plan submission and shall be approved by Township
Council prior to recording.