[Added 8-3-2000 by Ord. No. 00-03[1]]
[1]
Editor's Note: This ordinance replaced the
former HC Highway Commercial District, as amended by Ord. Nos. 87-06,
94-04, 95-08 and 96-01.
The Rural Mixed Use District is designed to
focus a mixture of higher intensity residential and nonresidential
development in close proximity to arterial roads, building on historical
development patterns. The following specific design purposes are established:
A.
To facilitate development which results in a massing
and grouping of structures that creates a cohesive sense of place,
not visually dominated by large expanses of parking. It is intended
that such development complement the character of the surrounding
area and, to the greatest extent practicable, maintain open lines
of sight at points of scenic view.
B.
To encourage development which provides for complementary
mixed uses, including residential uses as well as small-scale commercial,
service and employment-oriented development, while maintaining the
rural and small-town residential character of the community through
limitations on density, lighting, noise, outdoor activities and hours
of operation to mitigate adverse impacts on existing and proposed
residential and agricultural uses.
[Amended 10-5-2023 by Ord. No. 2023-04]
C.
To discourage conventional single-story "strip" development.
D.
To promote coordination of pedestrian and vehicular
access and parking, to minimize traffic congestion and turning movement
conflicts on arterial roads, and to moderate the impacts of impervious
surfaces introduced within development areas.
E.
To protect
such uses from intrusive, incompatible, or objectionable influences
such as noise, glare, odor, and the hazards of fire.
[Added 10-5-2023 by Ord. No. 2023-04]
A.
The following uses are permitted by right, provided that there is no more than one principal use on a single lot and provided that such use shall occupy no more than 4,000 square feet of gross sales/leasable floor area, except as provided in Subsection A(11) below:
(1)
Professional, business, or administrative office;
(2)
Retail establishment involving the sale of goods and
services;
(3)
Personal services, including barber- and beauty shops,
tailoring, and dressmaking;
(4)
Cottage industries, including crafts and homemade
products;
(5)
The teaching of not more than 10 pupils simultaneously,
or in the case of musical instruction, not more than two pupils at
a time;
(6)
Repair shop, including small electrical or other small
household appliances, bicycles, shoes and watches;
(7)
Shop for a trade, including carpentry, plumbing and
blacksmithing.
(8)
Single-family dwelling;
(9)
Minor home occupation;
(10)
Bed-and-breakfast facility;
(11)
Historic structures. The use of any structure defined as a Class I or Class II Historic Resource in accordance with § 200-185 et seq. of this chapter may involve any one or more of the uses stipulated herein by right and, where applicable, shall not be limited to 4,000 square feet of gross sales/leasable floor area, provided that alterations to historic structures result in maintenance of general historical integrity and do not enlarge such structures by more than 25% of gross floor area.
(12)
Forestry, except that timber harvesting shall be subject to the provisions of § 200-100B(2).
[Added 11-21-2002 by Ord. No. 02-05]
(13)
Restaurant without drive-through.
[Added 10-5-2023 by Ord. No. 2023-04]
(14)
Municipal use.
[Added 10-5-2023 by Ord. No. 2023-04]
C.
Uses permitted by conditional use when authorized by the Board of Supervisors in accordance with Article XXI:
(2)
Any use otherwise permitted by right where occupying in excess of 4,000 square feet of gross sales/leasable/habitable floor area or where involving the enlargement of historic structures (which are Class I or Class II Historic Resources per Article XXIII) by more than 25% of gross floor area.
(3)
[1]Bank or other financial institution, where part of a planned mixed use development or as provided under Subsection C(5) below;
[1]
Editor's Note: Former Subsection C(3), regarding
restaurant, confectionery or other place serving food or beverages,
was repealed 10-5-2023 by Ord. No. 2023-04. This ordinance also provided
for the redesignation of former Subsection C(4) through (15) as Subsection
C(3) through (14), respectively.
(4)
Two-family and multiple-family dwellings, where part of a planned mixed use development or as provided under Subsection C(5) below;
(5)
Historic structures. Any structure defined as a Class I or Class II Historic Resource in accordance with Article XXIII of this chapter may be used for any one or more of the above uses permitted by conditional use whether or not part of a planned mixed use development. As a condition of approval, the Board of Supervisors may vary applicable area and bulk requirements where applicant demonstrates to the satisfaction of the Board that such variation is necessary to permit economic use of historic structure(s) and shall result in maintenance of general historical integrity of such structure(s);
(6)
Dispensing of gasoline as an accessory use to a permitted
retail use;
(7)
Public utility facility;
(8)
Automotive service or repair garage facility;
(9)
Car wash;
(10)
Sale or rental of automobiles and other vehicles;
(12)
Nursing home or assisted living facility;
(13)
Major home occupation.
(16)
Tavern.
[Added 10-5-2023 by Ord. No. 2023-04]
(17)
Convenience store.
[Added 10-5-2023 by Ord. No. 2023-04]
(18)
Golf course, country clubs and driving ranges.
[Added 10-5-2023 by Ord. No. 2023-04]
D.
Accessory uses. Accessory uses shall be permitted
which are clearly subordinate and customarily incidental to any of
the foregoing permitted uses.
A.
The following area and bulk regulations shall apply
to uses permitted in the Rural Mixed Use District except planned mixed
use development:
(1)
Minimum lot size: one acre.
(2)
Minimum lot width building line: 150 feet; street
line: 100 feet.
(3)
Minimum side yard (each), except where abutting a
district boundary: 20 feet.
(4)
Minimum side yard (each) where abutting a district
boundary: 40 feet.
(5)
Minimum front yard, measured from the ultimate right-of-way
of any public road where applicable: 30 feet.
(6)
Minimum rear yard: 40 feet.
(7)
Maximum building coverage: 30%.
(8)
Maximum lot coverage (total): 50%.
(9)
Maximum building height: 35 feet.
B.
The area and bulk regulations set forth hereunder shall apply to those portions of a planned mixed use development comprising permitted nonresidential uses as well as apartment dwellings in second- and/or third-story space above permitted nonresidential uses. All other residential development shall be subject to the area and bulk regulations set forth in § 200-38D below. Any area used to calculate compliance with the density, area and bulk standards set forth hereunder shall be excluded from calculations attributable to applicable area and bulk regulation under said § 200-38D.
[Amended 7-17-2003 by Ord. No. 03-10]
(1)
Minimum tract size: two acres.
(2)
Minimum tract width: 200 feet.
(3)
Minimum setback from the ultimate right-of-way of
any public road: 30 feet.
(4)
Minimum setback from the outside curb or edge of cartway
of any internal roadway, provided that emergency access is not hindered:
10 feet.
(5)
Minimum setback from any adjacent property boundary
(as existed prior to subdivision of planned mixed-use development,
if any): 30 feet.
(6)
Maximum building coverage (entire tract): 40%.
(7)
Maximum lot coverage (entire tract): 60%.
(8)
Maximum building height: 35 feet.
C.
The following building size and spacing requirements
shall apply to all uses permitted in the Rural Mixed Use District;
the purpose of these requirements is to promote building design which
emulates traditional rural development patterns, avoiding visual dominance
of single large buildings, particularly large single-story buildings
arranged linearly along parking lot(s):
(1)
For purposes of this section, an individual building
shall be considered as a space or contiguous spaces under one roof
fully separated from any abutting building by permanent walls and
with no direct access to any abutting building.
(2)
Maximum individual building size, gross first floor
area 15,000 square feet. Where approved by the Board of Supervisors
as a conditional use, buildings larger than 15,000 square feet in
gross floor area may be permitted, where applicant demonstrates to
the satisfaction of the Board that the design of the building and
its relationship(s) to surrounding buildings and landscaped areas
mitigates any negative impacts of large building size on the character
of the RM District. Mitigating factors may include arrangement of
adjacent buildings, parking, and pedestrian areas and/or obvious offset
in building height or facade design such that the visible or perceived
size of individual buildings is generally in keeping with local historical
precedent.
(3)
Except where buildings directly abut one another,
no individual building shall be placed closer to any other building
than the height of the taller of such adjacent buildings.
(4)
Where any individual building facade (or adjoining
facades which abut flush to the same building line) is visible from
any public right-of-way or public space (including internal public
spaces within a development) and exceeds 80 feet in length, there
shall be a clear dimensional differentiation of roofline (i.e., an
obvious difference in height) and/or an offset in facade of at least
10 feet, effectively breaking the single facade into two or more facades
each no more than 80 feet in length. Where approved by the Board of
Supervisors as a conditional use, single facades greater than 80 feet
in length may be permitted, where applicant demonstrates to the satisfaction
of the Board that the design of the building and its relationship(s)
to surrounding buildings and landscaped areas mitigate any negative
impacts of long continuous building facade(s) on the character of
the RM District. Mitigating factors may include design which emulates
characteristic historical building forms which typically included
relatively long individual facade lengths such as barns, stables,
churches, meeting houses, or other public buildings. Building arrangements
which rely on repeated use of the same long facade element shall not
be approved.
(5)
The layout and spacing of buildings and parking areas
shall maximize retention of lines of sight from nearby public roads
across and into scenic open landscapes, as defined and mapped in the
West Brandywine Township Open Space, Recreation and Environmental
Resource Plan.[1]
[1]
Editor's Note: See Ch. A207, Open Space, Recreation
and Environmental Resources Plan.
D.
The area and bulk regulations set forth hereunder shall apply to those portions of a planned mixed use development comprising permitted residential uses excluding apartment dwellings in second- and/or third-story space above permitted nonresidential use(s), to which the provisions of § 200-38B shall apply. Any area used to calculate compliance with the density, area and bulk standards set forth hereunder shall be excluded from calculations attributable to applicable area and bulk regulation under said § 200-38B.
[Added 7-17-2003 by Ord. No. 03-10]
(1)
Minimum tract size: two acres.
(2)
Minimum tract width: 200 feet.
(3)
Maximum density.
(a)
Maximum density measured in number of dwelling
units: net tract area in acres multiplied times the multiplier stipulated
hereunder:
(4)
Maximum building coverage: 20%.
(5)
Maximum lot coverage: 40%.
(6)
Minimum separation between any principal and/or accessory residential structures, at any point, except as provided in § 200-38D(7) below: 40 feet. Where applicant demonstrates to the satisfaction of the Board of Supervisors that adequate fire protection shall be provided, minimum separation may be reduced to 20 feet.
(7)
Minimum separation between any rear wall of any residential
structure and any point on any other building: 50 feet.
(8)
Minimum setback from the edge of cartway (or outside
edge of curb, if applicable) of any internal street or parking area:
15 feet.
(9)
Minimum setback from the ultimate right-of-way of
any external street: 30 feet.
(10)
Minimum setback from any adjacent property boundary
(as existed prior to subdivision of planned mixed-use development,
if any): 30 feet.
(11)
Maximum building height: 35 feet. No more than
50% of apartment dwellings provided in a planned mixed-use development
shall be in residential structures exceeding two full stories in height,
excluding habitable roof or attic stories and excluding apartment
dwellings in third-story space above permitted nonresidential use(s).
The following design standards under Article XV shall apply to all uses under the Rural Mixed Use District:
B.
The parking lot standards of § 200-102 shall apply. Parking shall not be located within the required minimum front yard setback. To the degree practicable, all parking shall be located to the side or rear of buildings fronting toward the street.
D.
The access and traffic control standards of § 200-104 shall apply. In addition, vehicular access within the Rural Mixed Use District shall be designed to limit the number of new access points to public roads and to limit potential for turning movement conflict. Direct access to arterial and collector streets and highways shall be limited to no more than one point of ingress or egress, or a single point of ingress and egress for any lot, tract, or parcel with frontage on such road. For the purposes of this section, a planned mixed use development shall be considered as a single parcel. Any parcel with frontage on more than one arterial or collector street or highway may provide for access to each of such streets or highways. Where practicable, access to adjoining parcels with frontage along arterial and collector streets and highways shall be combined so as to limit potential turning movement and pedestrian movement conflicts.
In addition to the design standards of § 200-39, as applicable, the following provisions shall apply to planned mixed use development, where approved by the Board of Supervisors as a conditional use:
A.
As part of conditional use application, the applicant
shall prepare a plan indicating how the lot or tract will be developed
and used. The plan shall also identify specific ownership and maintenance
responsibilities of the lot or tract, including buildings, structures,
access and parking areas, landscaped open space, and other improvements.
B.
The combined uses, buildings, structures and other improvements shall collectively comply with the bulk regulations under § 200-38B above.
C.
Signs. No more than one freestanding sign shall be permitted along the frontage of each public street or highway abutting the lot or tract developed for planned mixed use development and no more than two freestanding signs shall be permitted on the entirety of such lot or tract. Such sign(s) shall serve as a directory to uses on the lot or tract. All individual signs shall be mounted to the building or structure housing the use. Signs shall be designed in accordance with Article XVII and shall be designed to complement overall appearance within the Rural Mixed Use District.
D.
Pedestrian and vehicular access.
(1)
Pedestrian access within the planned mixed use development
shall be designed to provide convenient, safe, and direct access between
the various uses within the district and nearby concentrations of
development which it is intended to serve.
(2)
Parking needs shall be independently calculated for each use in accordance with Article XV. Parking facilities may be designed as a common parking lot, provided that the required number of parking spaces are provided for each use. As a condition of approval the Board of Supervisors may reduce collective parking requirements, provided that applicant demonstrates to the satisfaction of the Board that intended uses and parking lot design promote shared parking usage.
E.
Site design.
(1)
Development of a planned mixed use development shall
result in a massing and grouping of structures that complements the
character of the surrounding area, and which enhances management of
vehicular access to arterial and collector streets and highways. Landscaping,
pedestrian walks or paths, parking, signage and other improvements
shall demonstrate a cohesive design pattern for the entire tract under
application. Applicants are strongly encouraged to mix uses with complementary
parking requirements (i.e., where differential timing of peak parking
demand permits the same parking area to support more than one use).
Uses which may involve second and third story space are encouraged
in order to replicate traditional rural structural development patterns.
As a condition of approval, the Board of Supervisors may permit roof
structures above the cornice line which exceed the thirty-five-foot
height limit, where the Board agrees that such structures enhance
the appearance of the overall design.
(2)
Within a planned mixed use development, not more than
15% of the gross lot or tract area shall be occupied by structures
less than 1 1/2 stories in height. For this purpose, 1/2 story
shall mean a roof-story with sufficient height and space within the
form of a pitched roof to permit the development of habitable or leasable
space, whether or not any actually is proposed for development.
F.
Mixed use requirements. Consistent with the purposes
of this RM District and in consideration of historical and characteristic
rural development patterns, any planned mixed use development on a
tract or tracts exceeding five acres in gross area shall include a
variety of permitted land uses. In providing for a mix of land uses
and residential dwelling types, the standards set forth hereunder
shall apply unless modified at the sole discretion of the Board of
Supervisors as a condition of conditional use approval. The purpose
of these numerical standards is to ensure that adequate lands may
be set aside for a diversity of uses, including potential public and/or
quasi-public uses, such as a church, community organization, post
office, or fire hall, for example. The numerical standards essentially
establish a range of between 35% and 65% of the net tract area that
may be used for either residential or nonresidential development.
There also is a limit on the amount of area that may be dedicated
to larger-scale multifamily residential buildings (mainly apartment
buildings), as an objective of this article is to promote a "village-like"
scale of development. With the village theme, apartments over top
of nonresidential uses are NOT subject to any further limitation beyond
normal area, bulk and height limitations. This section does not require
any applicant to develop any particular range of uses. Where, for
example, only residential development is proposed, it may be permitted
subject to limitation to use of 65% of the tract. The remainder may
be left open or may be sold or dedicated to another party to develop
for nonresidential purposes.
[Added 7-17-2003 by Ord. No. 03-10]
(1)
No more than 65% of the net tract area of the tract
or tracts undergoing development of a planned mixed use development
shall be used to meet applicable area and bulk or coverage requirements
for permitted residential development or to provide for purposes ancillary
to such residential development, including but not limited to parking,
stormwater management and sewage disposal, and no land area used to
satisfy such requirements nor applicable open space requirements shall
also be used to satisfy similar requirements for any nonresidential
use. Apartment dwellings in second- and/or third-story space above
permitted nonresidential uses shall be exempt from this limitation.
(2)
No more than 35% of the total number of residential
dwelling units in a planned mixed use development shall be multifamily
dwellings in structures containing more than six such dwellings. Apartment
dwellings in second- and/or third-story space above permitted nonresidential
uses shall be exempt from this limitation.
(3)
No more than 65% of the net tract area of the tract
or tracts undergoing development of a planned mixed use development
shall be used to meet applicable area and bulk or coverage requirements
for permitted nonresidential development, or to provide for purposes
ancillary to such nonresidential development, including but not limited
to parking, stormwater management and sewage disposal, and no land
area used to satisfy such requirements shall also be used to satisfy
similar requirements for any residential use. Apartment dwellings
in second- and/or third-story space above permitted nonresidential
uses shall be exempt from this limitation.
(4)
Area(s) developed for permitted nonresidential uses
shall include land set aside at appropriate locations to be made available
for public or quasi-public uses such as a day-care center, church,
library, museum, educational or cultural use. No less than 15% of
that portion of the tract area developed and/or allocated for permitted
nonresidential uses shall be devoted to or set aside for such public
or quasi-public use(s). Compliance with area and bulk requirements
shall be calculated to include such areas, whether or not such public
or quasi-public use(s) are part of initial land development plans.
Building space or sites thus made available need not be dedicated
but may be marketed for such purposes as would any other real estate.
