The Flexible Use District is created to:
A. 
Allow for a variety of housing types to occur within the Borough limits;
B. 
Provide for uses that may not conform to the traditional development pattern found in the R-2 District;
C. 
Promote innovative residential development patterns in unified development proposals;
D. 
Maintain adequate light, air and privacy for the residential community by controlling the spacing and height of buildings and other structures;
E. 
Allow for a mix of residential and nonresidential uses to continue to occur; and
F. 
Protect the community from fire, pollution, vibration, noise, and other unacceptable circumstances.
A. 
Uses permitted by right. A building or other structure may be erected, or used, and a lot may be used or occupied for any one of the following purposes, and no others:
(1) 
Single-family detached dwelling.
(2) 
Municipal building and municipal use.
(3) 
Inn.
(4) 
Fire or police station.
(5) 
Any of the following accessory uses shall be permitted on the same lot with the provisions of this article and Article XIV:
(a) 
Shed or other yard storage structure;
(b) 
Private garage;
(c) 
Private swimming pool;
(d) 
Noncommercial greenhouse;
(e) 
No-impact home-based business and home occupation; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(f) 
Professional office or studio.
(6) 
Signs, when erected and maintained in accordance with Article XV of this chapter.
(7) 
No-impact home-based business.
[Added 4-15-2003 by Ord. No. 202]
B. 
Uses permitted as a conditional use. A building may be erected or used and a lot may be used or occupied for any one of the following uses, and no other, when approved as a conditional use (see § 430-110, Conditional use procedures):
[Amended 2-16-1999 by Ord. No. 184; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Single-family semidetached dwelling (twin).
(2) 
Two-family dwelling.
(3) 
Single-family attached dwelling (townhouse).
(4) 
Elderly housing.
(5) 
Multifamily dwelling in accordance with § 430-91.
(6) 
Bed-and-breakfast.
(7) 
Business office or studio, which may include a real estate office, insurance office, bank or financial office, doctor's, or similar business office.
(8) 
Personal service shop, including barbershop, beauty shop, tailor shop, or dressmaking shop.
(9) 
Store for retail purposes only, provided the maximum sales area does not exceed 2,000 square feet.
(10) 
Restaurant, with no drive-through service.
(11) 
Contractor or general service shop, including plumbing, heating, carpentry, welding, cabinetmaking, furniture repair; the production of craft products, and those accessory uses reasonably necessary for such production. "Craft products" shall include, but not be limited to, pottery, woodwork, weaved goods, paintings, and sculptures.
(12) 
Mixed-use, in accordance with § 430-90.
(13) 
Religious use.
(14) 
Residential conversion, in accordance with § 430-81.
(15) 
Manufactured home park in accordance with § 430-89.
(16) 
Automotive sales, provided service is not performed on-site.
(17) 
Shopping center, in accordance with § 430-94.
(18) 
Tavern.
(19) 
Limited-impact home occupation.
(20) 
Townhouse gross density development.[1][2]
[1]
Editor's Note: Original Sec. 6.2C, Uses permitted by conditional use, which immediately followed this subsection, was repealed 2-16-1999 by Ord. No. 184.
[2]
Editor's Note: Original Sec. 6.2C, Uses permitted as a conditional use, added 4-19-2005 by Ord. No. 209, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 4-19-2005 by Ord. No. 209]
A. 
All uses in the FD Flexible Use District, except for townhouse gross density development, shall comply with the following:
(1) 
Single-family detached, single-family semidetached (twin), and two-family dwellings shall comply with the area and bulk regulations listed within § 430-15, R-1 Residential District.
(2) 
Multifamily dwellings shall comply with the following area and bulk regulations:
(a) 
Minimum lot area per dwelling: 3,000 square feet.
(b) 
Minimum lot width per structure:
[1] 
At building line: 70 feet.
[2] 
At street line: 70 feet.
(c) 
Maximum units per structure: six units.
(d) 
Maximum lot coverage: 50%.
(e) 
Maximum building coverage: 35%.
(f) 
Minimum front yard: 35 feet.
(g) 
Minimum side yard: 20 feet.
(h) 
Minimum rear yard: 35 feet.
(i) 
Minimum Building separation: 25 feet.
(3) 
Single-family attached dwellings (townhouse) shall comply with the following area and bulk regulations:
(a) 
Minimum lot area per dwelling: 3,000 square feet.
(b) 
Minimum lot width per dwelling:
[1] 
At building line: 25 feet.
[2] 
At curbline: 25 feet.
(c) 
Maximum units per structure: six units.
(d) 
Maximum lot coverage: 50%.
(e) 
Maximum building coverage: 35%.
(f) 
Minimum front yard: 20 feet.
(g) 
Minimum side yard for end units: 10 feet.
(h) 
Minimum rear yard: 25 feet.
(i) 
Accessory structure setback: three feet.
(j) 
Minimum building separation: 25 feet.
(4) 
Manufactured home parks shall comply with the following area and bulk standards:
(a) 
Minimum tract size: five acres.
(b) 
Minimum tract width at street line: 100 feet.
(c) 
Minimum manufactured home lot size for:
[1] 
Single-wide manufactured home: 3,000 square feet.
[2] 
Double-wide manufactured home: 5,000 square feet.
(d) 
Minimum manufactured home lot width for:
[1] 
Single-wide manufactured home: 25 feet.
[2] 
Double-wide manufactured home: 35 feet.
(e) 
Maximum lot coverage: 40%.
(f) 
Minimum required open space: 20%.
(g) 
Maximum gross density: eight homes per acre.
(h) 
Manufactured home setback requirements:
[1] 
From public street right-of-way or tract line: 50 feet.
[2] 
From street line of service street: 25 feet.
[3] 
From another manufactured home: 25 feet.
[4] 
Accessory uses:
[a] 
From park street: 10 feet.
[b] 
From public street: 50 feet.
(5) 
Shopping centers shall comply with the area and bulk regulations set forth in § 430-94.
(6) 
All other permitted uses shall comply with the following area and bulk standards:
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot width:
[1] 
At building line: 70 feet.
[2] 
At street line: 50 feet.
(c) 
Maximum lot coverage: 40%.
(d) 
Maximum building coverage: 25%.
(e) 
Minimum front yard setback: 30 feet.
(f) 
Minimum rear yard setback: 25 feet.
(g) 
Minimum side yard setback: 20 feet.
B. 
Townhouse gross density development shall comply with the requirements of § 430-20B, except that the minimum area of a tract to be developed as a townhouse gross density development (in the FD District) shall be 6 1/2 acres, exclusive of existing street rights-of-way, and all of the tract shall be north of Route 41.
No building shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum height of 45 feet.
All uses within the Flexible Use District shall comply with the following standards:
A. 
Design Standards as established in Article XIII, except that § 430-72, Off-street parking shall not apply to townhouse gross density development.
[Amended 4-19-2005 by Ord. No. 209]
B. 
Regulations governing the use of signs as established in Article XV.
C. 
Regulations relating to the use of floodplains, steep slope, wetland and woodland areas as established by Article XII, Environmental Protection Standards, except that, with respect to townhouse gross density development, §§ 430-61, Carbonate Overlay District, 430-62, Floodplain regulations, 430-63, Wetland Protection Overlay District, 430-64, Steep Slope Overlay District, and 430-65, Woodland Overlay District, shall not apply, provided that it shall be a condition of any conditional use approval for such use that the applicant or the applicant's successors or assigns shall establish, to the Borough's satisfaction, prior to doing any work and/or filling in the Floodplain Hazard Overlay District, that such work and/or filling will be in compliance with all applicable regulations of the Federal Emergency Management Agency and will not compromise, in any way, the Borough's regulatory duties in a manner that could affect the availability and/or cost of flood hazard insurance for property and improvements within the Borough.
[Amended 4-19-2005 by Ord. No. 209]