[Ord. No. 2021-12, 12/2/2021]
1. The primary purpose of the Village Mixed-Use (VMU) District is to
permit a mix of various housing types, commercial businesses, and
institutional buildings in a pedestrian-oriented neighborhood with
a sense of community and place. Specifically, the Village Mixed-Use
District is intended to:
A. Create a mixed-use, small town character that complements existing
town and village development.
B. Allow a range of small scale commercial and institutional uses within
easy walking distance of adjoining residences.
C. Accommodate a variety of housing types and discourage one housing
type from dominating the streetscape.
D. Promote pedestrian orientation of streets and buildings.
E. Develop businesses, institutions, streets, parks, and homes that
promote social interaction as well as privacy.
F. Alleviate the perceived impact of high-intensity developments by
requiring them to be of a pedestrian scale, bulk, and orientation.
G. Give priority to pedestrian movement and access to buildings, open
spaces, and streets; and discourage design that gives priority to
vehicular convenience only.
H. Create a street circulation system that provides safe and convenient
access but discourages fast or heavy traffic that is incompatible
with a residential neighborhood.
I. Use scale, building orientation, and landscaping to establish community
identity.
J. Use open and recreational spaces as a community focal point.
K. Provide recreational opportunities.
L. Ensure that new development is compatible with existing neighborhoods.
[Ord. No. 2021-12, 12/2/2021]
1. The following uses are permitted in the VMU District according to existing tract size at the time of adoption or newly consolidated contiguous tracts, where Township-operated sewer and water services are available, and in accordance with the historic building requirements of §
27-1706, Subsection
1B(1):
A. Existing Tracts of Less Than Five Acres.
(1)
The following residential uses:
(h)
B8 Residential conversion.
(i)
B9 Accessory home occupation.
(j)
B10 Residential accessory building, structure, or use.
(2)
Park and open space uses, including central open space, passive
open space, and active recreation uses.
(a)
D1 Recreational facility.
(b)
D2 Private recreational facility.
(3)
The following nonresidential uses, individually or combined
within a building:
(c)
B12 Mixed-use multifamily.
(i)
C7 Municipal building or use.
(q)
F5 Village shop or business.
(s)
F7 Financial establishment, provided no drive-through facilities
are included.
(t)
F9 Eating place, provided no drive-through facilities are included.
(v)
F13 Indoor entertainment.
(x)
F15 Indoor athletic club.
(bb) F32 Dwelling in combination.
(cc) F33 Nonresidential conversion.
(dd) F35 Combined convenience commercial (CCC).
(ff) G3 Public transportation terminal.
(4)
Conditional Uses.
(a)
F10 Drive-in and other eating place. Drive-through facilities shall be permitted as a conditional use, provided all dimensional requirements in §
27-1704 of the VMU District are met, as well as the use regulations in §
27-305, conditional use standards in §
27-1708 of this Part, and general conditional use regulations in §§
27-2508 through
27-2511.
(b)
F7 Financial establishment. Drive-through facilities shall be permitted as a conditional use, provided all dimensional requirements in §
27-1704 of the VMU District are met, as well as the use regulations in §
27-305, conditional use standards in §
27-1708 of this Part, and general conditional use regulations in §§
27-2508 through
27-2511.
(d)
F17 Outdoor entertainment.
(e)
F26 Automobile sales and rental.
(f)
F28 Automobile accessories.
(g)
G5 Cellular communications/telecommunications facility.
(h)
I General accessory uses and structures.
B. Existing Tracts of Five to Less Than 15 Acres.
(1)
Mixed residential development, which includes a mix of residential uses listed above in Subsection
1A(1) and at least 35% open space, provided the development meets the residential mixing requirements in §
27-1703, Subsection
3 and open space requirements in §
27-1707.
(2)
All nonresidential uses permitted in §
27-1702, Subsection
1A(2) and
(3), provided the development meets the open space requirements in §
27-1707.
C. Existing Tracts of 15 to 30 Acres.
(1)
Uses Permitted By Right.
(a)
Mixed residential development, which includes a mix of residential uses listed above in §
27-1702, Subsection
1A(1) and at least 35% open space, provided the development meets the residential mixing requirements in §
27-1703, Subsection
3 and open space requirements in §
27-1707.
(b)
Mixed-use development, which includes a mix of uses listed above in §
27-1702, Subsection
1A and at least 35% open space, provided the development meets the mixed use requirements in §
27-1703, Subsection
4 and open space requirements in §
27-1707.
(2)
Conditional Uses.
(a)
Solely nonresidential development on tracts of 15 to 30 acres shall be permitted as a conditional use, provided all dimensional requirements in §
27-1704 of the VMU District are met, as well as the use regulations in §
27-305 and conditional use standards in §
27-1708 of this Part.
D. Existing Tracts of More Than 30 Acres.
(1)
Uses Permitted By Right.
(a)
Mixed-use development, which includes a mix of uses listed above in §
27-1702, Subsection
1A and at least 35% open space, provided the development meets the mixed use requirements in §
27-1703, Subsection
4 and open space requirements in §
27-1707.
(2)
Conditional Uses.
(a)
Solely nonresidential development on tracts larger than 30 acres, with a sum of at least 1,200 feet fronting on two arterial roads shall be permitted as a conditional use, provided all dimensional requirements in §
27-1704 of the VMU District are met, as well as the use regulations in §
27-305 and conditional use standards in §
27-1708 of this Part.
[Ord. No. 2021-12, 12/2/2021]
1. Residential Density.
A. Residential portions of developments shall have a maximum overall
density of four dwelling units per acre.
B. Residential portions used to determine the residential density may
include residential lots, lots with mixed-use buildings that contain
residential uses in at least 33% of the building, residential portions
of mixed-use adjacent lots, and open space lots. The residential portion
included in the residential density calculation may not include solely
nonresidential use areas and the ultimate right-of-way of existing
streets.
2. Mixing Requirements for Mixed Residential Developments. All mixed
residential developments on tracts between five and 15 acres shall
meet the following mixing requirements:
A. The development shall include at least two of the following housing
types: B2 detached dwelling, B2 village house, B2 twins, B2 duplex,
B2 townhouse, B2 apartment. To qualify as one of the two required
housing types, a housing type must comprise at least 35% of the total
housing units in the development.
B. At least 35% of the gross tract area shall consist of open space, in accordance with the requirements of §
27-1707.
3. Mixing Requirements for Mixed Residential Developments. All mixed
residential developments on tracts between 15 and 30 acres shall meet
the following mixing requirements:
A. The development shall include at least three of the following housing
types: B2 detached dwelling, B2 village house, B2 twins, B2 duplex,
B2 townhouse, B2 apartment. To qualify as one of the three required
housing types, a housing type must comprise at least 15% of the total
housing units in the development. No housing type may exceed 50% of
the total housing units in the development.
B. At least 35% of the gross tract area shall consist of open space, in accordance with the requirements of §
27-1707.
4. Mixing Requirements for Mixed-Use Developments. Within mixed-use
developments, all land shall be divided into lots and streets, with
the tract divided into residential lots, nonresidential lots, open
space lots, existing streets, and/or proposed streets.
A. The development shall include at least three of the following housing
types: B2 detached dwelling, B2 village house, B2 twins, B2 duplex,
B2 townhouse, B2 apartment. To qualify as one of the three required
housing types, a housing type must comprise at least 15% of the total
housing units in the development. No housing type may exceed 50% of
the total housing units in the development.
B. All mixed-use developments shall meet the following mix requirements:
Type of Lot
|
Minimum Percentage of Gross Tract Area
|
Maximum Percentage of Gross Tract Area
|
---|
Residential lot
|
20%
|
60%
|
Nonresidential lot
|
5%
|
25%
|
Open space lot
|
35%
|
—
|
C. For determining the mix requirements, when residential and nonresidential
uses are located on a lot but these uses are in separate buildings,
each building with a different use shall be given an equivalent lot
area that meets all regulations that would be required for the building
and use on a fee-simple lot.
D. Mixed-use buildings with a mix of nonresidential and multifamily
uses shall be considered nonresidential for purposes of calculating
the mix requirements.
E. Areas of tracts within the street ultimate rights-of-way of existing
or proposed streets shall not be considered as part of a residential,
nonresidential, or open space lot.
F. When mixed-use developments are first subdivided, each proposed lot
within the development shall be designated as a nonresidential, mixed-use,
single-family detached, village single, single-family semidetached,
single-family attached, multifamily, or open space lot. Any future
development on an individual lot shall conform to this initial use
designation for that particular lot.
[Ord. No. 2021-12, 12/2/2021]
|
Nonresidential buildings, including those with multifamily units
|
B2 Detached dwelling (one dwelling unit per lot)
|
B2 Village house (one dwelling unit per lot)
|
B2 Twin and B2 Duplex (one dwelling unit per lot)
|
B2 Townhouse (one dwelling unit per lot)
|
B2 Apartment
|
---|
Minimum lot area
|
10,000 square feet
|
10,000 square feet per dwelling unit
|
7,000 square feet per dwelling unit
|
5,000 square feet per dwelling unit
|
2,400 square feet per dwelling unit
|
10,000 square feet per building
|
Minimum lot width
|
70 feet
|
80 feet
|
60 feet
|
40 feet
|
45 feet for end units 24 feet for interior units
|
100 feet
|
Required front facade location, unless front facade faces collector
or higher classification street
|
Not less than 0 or more than 20 feet from ultimate ROW line
additional buildings on a lot do not have to meet this requirement
when the additional building is smaller than and behind a building
meeting the facade location requirement
|
Not less than 20 or more than 30 feet from ultimate ROW line
|
Not less than 15 or more than 25 feet from ultimate ROW line
|
Not less than 20 or more than 30 feet from ultimate ROW line
|
Not less than 20 or more than 30 feet from UROW line if a parking
space is located in front yard
Not less than 10 or more than 20 feet from UROW line if no parking
in front yard
|
Not less than 20 or more than 35 feet from ultimate ROW line
additional buildings on a lot do not have to meet this requirement
when the additional building is no bigger than and behind a building
meeting the facade location requirement
|
Required front facade location, when building facade faces collector
or higher classification street
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Not less than 30 or more than 40 feet from ultimate ROW line
|
Minimum side yard
|
15 feet
|
15 feet
|
10 feet
|
12 feet
|
12 feet per end unit
|
15 feet
|
Minimum rear yard
|
30 feet
|
25 feet
|
25 feet
|
25 feet
|
30 feet
|
30 feet
|
On tracts of five acres or more, minimum building setback from
tract boundary abutting a residential lot
|
60 feet
|
35 feet
|
35 feet
|
40 feet
|
40 feet
|
40 feet
|
On tracts of five acres or more, minimum parking setback from
track boundary abutting a residential lot
|
30 feet
|
10 feet
|
10 feet
|
10 feet
|
15 feet
|
20 feet
|
Maximum building coverage on a lot
|
35%
|
20%
|
20%
|
25%
|
45%
|
25%
|
Maximum impervious coverage on a lot
|
85%
|
30%
|
35%
|
40%
|
65%
|
60%
|
Minimum percent green space in front yard
|
0%
|
70%
|
65%
|
55%
|
45%
|
60%
|
Maximum building height
|
45 feet
|
35 feet
|
35 feet
|
35 feet
|
35 feet
|
35 feet
|
Maximum dwelling units per building
|
8
|
Not Applicable
|
Not Applicable
|
Not Applicable
|
4
|
8
|
Minimum distance between buildings on same lot
|
20 feet
|
N/A
|
N/A
|
N/A
|
N/A
|
30 feet
|
[Ord. No. 2021-12, 12/2/2021]
1. Utilities.
A. All developments shall be served by public sewer and public water.
2. Ownership.
A. Any land area proposed for development shall be in one ownership
or shall be subject to a joint application filed by every owner of
the land area proposed for development, under single direction, using
one overall plan and complying with all requirements of the Village
Mixed-Use District.
3. Open Space Requirements.
A. All developments must provide open space in compliance with §
27-1707, herein.
4. Ownership and Maintenance of Common Open Space and Facilities.
A. Ownership and maintenance of common open space and other common facilities shall be provided in accordance with the regulations in §
27-1707. All open space shall be permanently deed restricted from future subdivision and development.
[Ord. No. 2021-12, 12/2/2021]
1. All development in the VMU District shall comply with the following
design standards:
A. General Layout of Mixed-Use Developments and Mixed Residential Developments.
(1)
In general, mixed-use developments shall be laid out so the
nonresidential buildings are located close to an adjoining village
center (where one exists), close to major roads, close to train stations,
or close to the required primary park.
(2)
Nonresidential uses shall be clustered together into one or
two groupings.
(3)
Nonresidential buildings shall be grouped together along streets
so it is a short walking distance from one building to the next.
(4)
Nonresidential buildings shall be placed to make walking to
the primary park and residential areas a short walking distance.
(5)
Townhouses and multifamily apartments should be located near
the nonresidential uses and primary park.
(6)
To create variety along the streetscape, housing types shall
be mixed along a street. The following chart lists the maximum number
of dwelling units that may be located in a row on the same side of
a street without a break. Breaks may be created by at least four dwelling
units of a different housing type, a nonresidential lot, a street
intersection, or by open space with at least 100 feet of frontage
on the street.
Housing Type
|
Maximum number of dwelling units in a row along one side of
a street
|
---|
B2 Detached dwelling
|
10 units
|
B2 Village house
|
10 units
|
B2 Twin and B2 Duplex
|
12 units
|
B2 Townhouse
|
16 units
|
B2 Apartment
|
24 units
|
(7)
Streets.
(a)
Streets within VMU developments shall be interconnected with
each other and with streets on abutting properties in a grid or modified
grid pattern.
(b)
Culs-de-sac shall be minimized within a VMU district. Criteria for cul-de-sac streets are contained in §
22-811.
(c)
On tracts of 15 acres or more, new streets within a VMU development
shall have a street connectivity index of 1.40 or more. The street
connectivity index shall be computed by dividing the number of new
street links (defined as street segments between intersections and/or
cul-de-sac heads) by the number of new street intersections and permanent
cul-de-sac heads.
B. Building Design Standards.
(1)
Existing Historic Buildings. Any proposed development in the
VMU District, except development of single-family detached homes,
shall retain and use any principal buildings on the property that
were constructed before 1940. If any such principal buildings are
demolished or altered in a manner that is incompatible with the building's
historic character, then no use other than single-family detached
homes shall be permitted on the property.
(2)
Nonresidential and Mixed-Use Building Design Standards. All
nonresidential and mixed-use buildings shall meet the following requirements:
(a)
Building Footprint. The maximum building footprint of nonresidential
and mixed use buildings shall not exceed 25,000 square feet unless
the building is an anchor building. The maximum building length is
250 feet.
(b)
Anchor Building. One nonresidential anchor building with a maximum
building footprint of 50,000 square feet may be permitted on tracts
larger than 30 acres. The maximum building length for anchor buildings
can be increased to 300 feet.
(c)
Building Orientation and Entrance. Front facades of nonresidential
buildings and mixed-use buildings shall be oriented towards commercial/main
streets within the mixed-use tract, with an everyday public entrance
in this front facade. When buildings are located on corners, the entrance
may be located on the corner with an appropriate building articulation,
such as a chamfered corner, turret, canopy, or other similar building
feature. The municipal governing body may allow front facades to face
existing streets rather than proposed streets, when these facades
will extend an existing commercial district located along this existing
street.
(d)
Walls and Windows. Blank walls shall not be permitted along
any exterior wall facing a street. Exterior walls in these locations
shall meet the following criteria:
1)
Such walls shall have architectural treatments that are the
same as the front facade, including consistent style, materials, colors,
and details.
2)
Windows. The ground floor of any
wall facing a street shall contain windows in accordance with the
following requirements:
a) The ground floor front facades of retail commercial
uses, personal service businesses, and restaurants shall consist of
at least 35% window area, but not more than 75% window area, with
views provided through these windows into the business.
b) Except for institutional uses, all other ground
floor walls facing a street shall contain at least 25% window area
but not more than 75% window area, with views provided through these
windows into the business.
c) For institutional uses, ground floor walls facing
a street, parking area, or walking area shall not consist of more
than 75% window area.
3)
Dark tinted glass or reflective glass in windows is prohibited.
4)
Walls or portions of walls where windows are not provided shall
have architectural treatments designed to break up the bulk of the
wall, including at least four of the following treatments: masonry
but not flat block; concrete or masonry plinth at the base of the
wall; belt courses of a different texture or color; projecting metal
canopy; decorative tilework; trellis containing plantings; medallions;
opaque or translucent glass; artwork, vertical visual articulation,
horizontal visual articulation; lighting fixtures; or a similar architectural
element not listed above, as approved by the municipal governing body.
(e)
Roofs.
1)
All nonresidential buildings and mixed-use buildings with a
footprint size of 10,000 square feet or less shall have pitched roofs
covering at least 40% of the building with a pitch of at least six
vertical inches to every 12 horizontal.
2)
All nonresidential buildings and mixed-use buildings with a
footprint size of larger than 10,000 square feet may include a flat
roof with a parapet wall or projecting cornice included on the front
facade. Pitched roofs are encouraged.
3)
Pitched roofs shall provide overhanging eaves that extend a
minimum of one foot beyond the building wall.
(f)
Nonresidential buildings and mixed-use buildings must have at
least a three-foot offset in all facades for every 40 feet of continuous
facade. Such offsets may be met through the use of bay windows, porches,
porticos, building extensions, towers, bays, gables, dormers, cornices,
steeples, and other architectural treatments.
(g)
Nonresidential buildings and mixed-use buildings shall contain
materials, windows, doors, architectural details, massing, and roofs
that are compatible with proposed residential buildings within the
development and adjoining historic village buildings.
(3)
Residential Building Design Standards.
(a)
All dwelling units must have at least one primary entrance in
the front facade. For single-family semidetached units, this requirement
may be met if at least one of the units has its primary entrance in
the front facade.
(b)
No more than four single-family attached homes may be attached
in a building.
(c)
Residential buildings shall be designed to be compatible with
the appearance of historic buildings found in the community.
(d)
All residential buildings with a building footprint of 10,000
square feet or less shall have pitched roofs covering at least 40%
of the building with a pitch of at least six vertical inches to every
12 horizontal inches.
(e)
All multifamily buildings must have at least a three-foot offset
in all facades for every 40 feet of continuous facade. Such offsets
may be met through the use of bay windows, porches, porticos, building
extensions, towers, bays, gables, dormers, cornices, steeples, and
other architectural treatments.
(f)
Village houses must meet all of
the following criteria:
1)
They shall contain a roofed but unenclosed porch extending across
at least half of the front of the dwelling and being at least seven
feet in depth.
2)
Front facing garages must be located at least five feet behind
the building's front facade.
3)
All village houses shall contain at least one of the following
features:
a) A front yard raised above sidewalk grade by at least
two feet.
b) A front yard enclosed by a permanent ornamental
wall or decorative fence between two feet and three feet in height
or enclosed by a hedge of shrubs planted 18 inches apart across the
width of the front yard.
c) A first floor level of the house, including the
front porch, that is raised at least two feet above ground level at
the front facade of the building.
C. Parking Standards.
(1)
Garages, parking lots, and/or driveways should not be the dominant
aspect of the building design, as seen from the street.
(a)
When residential garage doors face a street, the garage shall
comprise no more than 30% of the total area of the front facade elevation
of a dwelling unit, measured from ground level to the lower edge of
the roof. A garage door facing a street shall not exceed a width of
10 feet. No more than two garage doors facing a street may be located
in a row, and such rows of garage doors must be separated from any
other garage door facing a street by at least 10 feet.
(2)
Nonresidential Parking Design Standards. Off-street parking
for nonresidential buildings shall comply with the following requirements.
(a)
Off street parking areas shall be located to the side and/or
rear of nonresidential buildings, unless there is an additional and
larger building on the lot between the proposed parking/building and
the street.
(b)
Off-street parking areas may not be located between buildings
and streets, unless there is an additional and larger building on
the lot between the proposed parking/building and the street.
(c)
Off-street parking shall be visually screened from existing
and proposed streets by hedges, walls, buffer plantings, or similar
site elements.
(d)
Parking areas on abutting nonresidential lots shall be interconnected
by access driveways.
(e)
Each nonresidential lot shall provide easements for its parking
areas and access driveways guaranteeing access and use to all other
nonresidential lots within the tract.
(f)
Garage doors in nonresidential buildings shall not face any
existing or proposed street.
(g)
Nonresidential parking lots shall be set back at least 10 feet
from residential lots within the mixed-use development and at least
10 feet from street ultimate rights-of-way.
(3)
Single-Family Detached and Single-Family Semi-Detached Parking
Design Standards. Garages for single-family detached and single-family
semidetached units shall meet one of the following design options:
(a)
The garage is side entry, so garage doors are perpendicular
or radial to the street which the front facade faces.
(b)
The garage is front-entry and set back at least five feet from
the front facade of the house.
(c)
The garage is located behind the rear facade of the house. This
garage may be detached from or attached to the house, and the garage
doors may face any direction.
(d)
The garage is rear entry, so garage doors are on the opposite
side of the house from the front facade.
(4)
Single-Family Attached Parking Design Standards.
(a)
Interior Units. Single-family attached units located in the
interior or middle of single-family attached buildings shall meet
the following requirements:
1)
Garages may be located behind the unit or may be located in the front, with the garage door facing the street, provided the garage complies with §
27-1706, Subsection
1C(1)(a).
2)
Up to two off-street unenclosed parking spaces may be located in the front yard, provided that the front yard complies with the minimum percent green space in front yard requirement in §
27-1704. All other unenclosed off-street parking spaces must be located to the rear of the unit or in common parking to the side of the townhouse building.
(b)
End Units. Single-family attached units located at the end of
single-family attached buildings shall meet the following requirements:
1)
Garages may be located behind the rear facade of the dwelling
unit or may be side entry so the garage doors are perpendicular or
radial to the street which the front facade faces.
2)
Off-street unenclosed parking spaces may be located to the side
or rear yards. They may not be located in front yard areas.
(5)
Multifamily Parking Design Standards. Parking areas and/or garages
for all multifamily buildings may not be located between the front
facade of the building and the street, unless an additional and equally-sized
or larger building on the lot is between the proposed parking/building
and the street; instead, parking areas and/or garages shall meet one
of the following requirements:
(a)
The parking, whether consisting of surface spaces or garages,
is located behind the rear facade of the building or buildings.
(b)
The parking is in garages located to the side of multifamily
buildings and the garage doors are side-entry, so garage doors are
perpendicular or radial to the street which the front facade faces.
(c)
The parking is located to the side of the multifamily buildings
and screened by one of the following mechanisms:
1)
A low architectural wall, no less than three feet and no more
than four feet in height (made of brick, stone, or other materials
deemed appropriate by the governing body).
2)
Screen planting in the form of one canopy tree, two ornamental
trees, two evergreen trees, and five shrubs per 100 linear feet of
road frontage.
(6)
Amount of Required Parking. All uses shall comply with the minimum parking requirements required by §
27-1916 of the municipal zoning ordinance, except as adjusted below:
(a)
For any nonresidential use, the amount of parking that is provided shall not exceed 120% of the minimum parking that is required by §
27-1913.
(b)
On-street parking along the front property line of a lot may
be used to meet the minimum parking requirement for nonresidential
or multifamily uses on that lot.
(c)
Required parking for a nonresidential use may be located in
a common parking facility or on an abutting lot, provided such spaces
are located within 200 feet of the nonresidential use.
(d)
In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space pursuant to §
27-1914. In this case, the reduction of nonresidential parking requirements standards in §
27-1916 shall apply.
D. Driveway Design Standards.
(1)
For mixed-use or mixed residential developments on tracts of
five acres or more, no lot, nonresidential use, or dwelling unit shall
take driveway access from an existing collector or existing higher
classification road.
(2)
On existing tracts of land less than five acres, existing as
of the date of adoption of this Part, and on lots created from such
tracts of land, each lot shall have not more than one driveway access
point per existing street on which the lot fronts.
(3)
New driveways shall comply with §
22-817.
E. Off-Street Loading Areas, Outdoor Storage, and Trash Disposal Areas.
(1)
All off-street loading areas shall comply with §
27-1916.
(2)
All loading areas and loading docks shall be located to the
sides and rears of buildings. Loading docks shall not be visible from
public streets. All loading areas and loading docks shall be set back
at least 25 feet from residential property lines.
F. Landscaping. Street trees, buffers, parking lot landscaping, detention
basin landscaping, and landscaping around nonresidential buildings
shall be provided, in accordance with Part 8 of New Hanover's Subdivision
and Land Development Ordinance.
G. Signs. All signs shall comply with the requirements of Part 23 of
New Hanover's Zoning Ordinance.
[Ord. No. 2021-12, 12/2/2021]
1. The following quantities of open space shall be provided. Existing
tracts less than five acres do not need to include the central open
space requirement.
Type of Open Space
|
Minimum Amount to Be Provided
|
---|
Total open space
|
35% of gross tract area. Total open space includes central open
space
|
Central open space
|
10% of gross tract area.
|
2. Total Open Space.
A. Open space may consist of central open space, a primary park, active
recreation facilities, passive open space, and other similar types
of open space.
B. No portion of any building lot or road right-of-way area may be used
for meeting the minimum required amount of total open space.
C. Approved stormwater management facilities, in accordance with the
Pennsylvania BMP Manual and New Hanover Township's Stormwater Management
Ordinance may count toward no more than 5% of the gross tract area
used toward the total open space requirement.
D. All open space and other common facilities shall be maintained by
a homeowners' association or similar entity.
3. Central Open Space Requirements.
A. Primary Park Requirements.
(1)
A primary park, which meets the village green requirements,
shall be located near the middle of the development and shall be easily
and conveniently accessible by sidewalk or paved trail from all dwelling
units and nonresidential buildings in the development.
(2)
The primary park shall be improved with either a gazebo, pavilion,
pond, or paved patio area with a fountain, along with appropriate
seating, to help identify this park as the central gathering place
for the development. These improvements shall be a minimum of 300
square feet in size.
(3)
On existing tracts 30 acres or smaller, the primary park shall
be contiguous and at least 15,000 square feet in size.
(4)
On existing tracts larger than 30 acres, the primary park shall
be contiguous and at least 18,000 square feet in size.
(5)
When streets abut a primary park, the opposite side of the street
from the primary park shall have building front facades facing the
park rather than parking lots or detention basins.
B. Central Open Space Design Alternatives. All central open space shall
meet one of the following design alternatives and shall include at
least one village green meeting the primary park requirements.
(1)
Village Green. Each village green shall:
(a)
Be contiguous and at least 10,000 square feet in size;
(b)
Be configured so that a circle with a radius of 30 feet can
fit within the confines of the green; and
(c)
Be surrounded along at least 25% of its perimeter by roads.
All sides of village greens shall be surrounded by either roads or
the front facades of buildings.
(2)
Landscaped Median. Each landscaped median shall have a minimum
average width of 10 feet and a length of at least 150 feet, and shall
be surrounded by streets on all sides. All landscaped medians shall
be maintained by a homeowners' association or similar entity.
(a)
Landscaped Medians with Bioswales. One landscaped median with a bioswale no larger than 10 feet by 150 feet may count toward the 10% central open space requirement as well as the 5% gross maximum of approved stormwater management facilities allowable within the total open space requirement (see §
27-1707, Subsection
2B). More than one landscaped median with a bioswale may be provided, however, any additional landscaped medians with bioswales may only count toward the 5% maximum of approved stormwater management facilities allowable within the total open space requirement.
(3)
Eyebrow. Each eyebrow shall be surrounded by streets on all
sides, generally configured as a semi-circle, located on the side
of a through street, and configured so that a circle with a radius
of 15 feet can fit within the confines of the eyebrow. All eyebrows
medians shall be maintained by a homeowners' association or similar
entity.
(4)
Cul-de-Sac Island. Each cul-de-sac island shall be located in
the bulb of a cul-de-sac, have a radius of at least 15 feet, and be
surrounded by streets on all sides. Cul-de-sac islands shall not interfere
with emergency vehicle access. All cul-de-sac islands shall be maintained
by a homeowners' association or similar entity.
C. Additional Central Open Space Standards.
(1)
All dwelling units within a VMU development shall be located
within 800 feet of some type of central open space.
(2)
Detention basins and other stormwater impounding areas, except
for permanent wet ponds, may not be located in central open space
areas used to meet the minimum amount of required central open space.
(3)
Land included in §
27-2101, Natural Resource Protection Standards may not be located in central open space areas used to meet the minimum amount of required central open space.
[Ord. No. 2021-12, 12/2/2021]
1. F10 Drive in and Other Eating Place and F7 Financial Establishment
Uses With Drive-Through Facilities.
A. As stated in §
27-1702, Subsection
1A(4), applicants may develop nonresidential drive-through facilities upon conditional use approval. The applicant shall demonstrate to the municipal governing body's satisfaction that all of the general conditions for conditional uses in §§
27-2508 through
27-2511 and all of the following additional conditions are met:
(1)
Each applicant shall submit architectural drawings showing concepts
for facades, roof design, and materials for buildings and structured
parking facilities, and incorporate specific design standards in order
to qualify for conditional use approval.
(2)
These design standards shall include, but may not necessarily
be limited to, building and streetscape elements such as the type
of lighting, sidewalk design, street furniture, street signs, and
architectural details and facade materials.
(3)
In addition, the applicant shall incorporate architectural performance
standards such as screening of parking facilities, loading areas,
and all mechanical equipment; the continuity of store fronts and entrance
doorways on specific streets.
(4)
Drive-through facilities must be screened from view from existing
and proposed public streets, main access drives, residential uses,
and public walkways.
(5)
Drive-through facility lighting must be full cut-off and located
directly under a canopy to minimize spillover glare on neighboring
uses.
(6)
A queuing study shall be performed to demonstrate that adequate
space can be provided on-site and the queue will not spillback off-site
onto adjacent accesses and/or public roadways. A plan illustrating
the maximum queue is to be included in the study with appropriate
documentation as to how the maximum queue was calculated. The plan
must also demonstrate that safe pedestrian access can be provided
to and from the building and adjacent parking spaces.
2. Solely Nonresidential Development on Existing Tracts 15 to 30 Acres
and Existing Tracts Greater Than 30 Acres With a Sum of at Least 1,200
Feet Fronting on Two Arterial Roads.
A. As stated in §
27-1702, Subsection
1C(2) and
D(2), applicants may pursue solely nonresidential developments on existing tracts of 15 to 30 acres and tracts larger than 30 acres with a sum of at least 1,200 feet fronting on two arterial roads, upon conditional use approval. The nonresidential uses permitted are listed in §
27-1702. The applicant shall demonstrate to the municipal governing body's satisfaction that all of the general conditions for conditional uses in §§
27-2508 through
27-2511 and all of the following additional conditions are met:
(1)
Buildings, driveways, parking areas, loading areas, outdoor
activity areas, light sources, trash areas, and other potential nuisances
shall be located and designed to minimize adverse impacts on abutting
residential properties. In order to limit the adverse impact of a
proposed general commercial use, the Board of Supervisors may require
alternative site layouts, including increased setbacks from residential
property lines, different locations of buildings, parking areas, and
driveways, the incorporation of loading and trash collection areas
as part of the principal building design, and increased screening
for light sources and outdoor activity areas.
(2)
Driveway intersections with streets and traffic circulation
patterns within lots shall be located and designed to minimize congestion
and safety problems on adjacent streets and nearby intersections.
The Board of Supervisors may require alternative driveway locations
and site design in order to alleviate potential congestion or safety
problems.
(3)
Maximum building coverage shall be 25% of the gross site area
associated with the applicable use.
(4)
A public gathering space that meets the following criteria shall
be required for conditional use approval:
(a)
Ownership and maintenance of public gathering space. The public
gathering space shall be maintained by the property owner. No portion
of the public gathering space may be dedicated to a specific tenant.
(b)
Size of public gathering space. The public gathering space shall
be a minimum of 5% of the gross site area.
(c)
Design of Public Gathering Space.
1)
A rain garden may be provided. No more than 30% of the public
gathering space may be devoted to a rain garden use.
2)
A minimum of 30% of the public gathering space shall be landscaped
with trees, shrubs, and mixed plantings with year-round interest.
3)
The hard surface area of the public gathering space shall be
paving materials, such as unit pavers, paving stones, or concrete.
No more than 20% of the public gathering space may be concrete. If
concrete in a public gathering space is stamped concrete providing
the appearance of unit pavers or paving stones, the maximum area of
stamped concrete pavers shall be 30%.
4)
The public gathering space shall not be used for parking, loading,
or vehicular access.
5)
The area of the public gathering space shall not be used to
demonstrate compliance with the 35% minimum open space requirement.
In these developments, the public gathering space shall satisfy the
central open space requirement.
6)
Public gathering space may include ornamental fountains, stairways,
waterfalls, sculptures, arbors, trellises, planted beds, drinking
fountains, benches, awnings, canopies, and similar structures.
7)
One bicycle rack space shall be provided for every 1,000 square
feet of public gathering space.
8)
The average width of the public gathering space shall not be
greater than three times the average depth of the public gathering
space.
9)
The public gathering space shall be easily and directly accessible
from adjoining buildings and pedestrian ways.
(d)
Location of Public Gathering Space. The public gathering space
shall be located where it is visible and accessible from either a
public sidewalk or pedestrian connection. The public gathering space
shall connect with existing or proposed public gathering spaces on
abutting properties, where feasible. Public gathering space may be
located along a street and is encouraged to be located between buildings
or within an inner or outer court. Location of a public gathering
space adjacent to a parking lot is discouraged.
(e)
The design and size of the public gathering spaces may be modified,
subject to conditional use approval from the Board of Supervisors.
3. All Other Conditional Uses Listed in §
27-1702, Subsection
1A(4).
A. The applicant shall demonstrate to the municipal governing body's satisfaction that all of the general conditions for conditional uses in §§
27-2508 through
27-2511 are met as well as the general use requirements in §
27-305.
[Ord. No. 2021-12, 12/2/2021]
The Zoning Map of the Township of New Hanover Zoning Ordinance
is hereby amended, incorporating the revised and updated Zoning Map
of the Township of New Hanover, attached hereto as Exhibit A.