[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]
[Amended 10-4-2001 by Ord. No. 01-02; 11-21-2002 by Ord. No. 02-05; 4-1-2004 by Ord. No. 04-01; 10-5-2023 by Ord. No. 2023-04; 3-5-2026 by Ord. No. 2026-03]
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).
(13) 
Restaurant without drive-through.
(14) 
Municipal use.
B. 
Uses permitted by special exception, when authorized by the Zoning Hearing Board:
(1) 
Educational use.
(2) 
Religious use.
(3) 
Emergency services station.
(4) 
Library or similar use operated by public entity.
(5) 
Short-term rental facility subject to the requirements of § 200-100.6.
C. 
Uses permitted by conditional use when authorized by the Board of Supervisors in accordance with Article XXI:
(1) 
Planned mixed use development including multiple use of a single lot or tract and when in accordance with §§ 200-38B and 200-40. A planned mixed use development may include any use permitted by right, special exception or conditional use in accordance with this article.
(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) 
Bank or other financial institution, where part of a planned mixed use development or as provided under Subsection C(5) below;
(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;
(11) 
Hotel or motel;
(12) 
Nursing home or assisted living facility;
(13) 
Major home occupation.
(14) 
Country properties in accordance with § 200-15.
(15) 
Restaurant with drive-through service, in accordance with the general standards of Article XIV, § 200-100.4.
(16) 
Tavern.
(17) 
Convenience store.
(18) 
Golf course, country clubs and driving ranges.
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:
[1] 
Where single-family and/or two-family dwellings are provided: 2.5.
[2] 
Where multiple-family dwellings excluding apartment dwellings are provided: 3.5.
[3] 
Where apartment dwellings are provided: 6.0.
(b) 
For purposes of this subsection, the net tract area shall be measured to exclude any portion of the tract subject to planned mixed use development which is utilized for calculation of compliance with area and bulk requirements for any use(s) subject to the provisions of § 200-38B.
(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:
A. 
Required off-street parking requirements, § 200-101.
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.
C. 
Visibility at intersections, § 200-103.
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.
E. 
Interior circulation standards, § 200-105.
F. 
Off-street loading standards, § 200-106.
G. 
Landscaping standards, § 167-66.1 of the Subdivision and Land Development Ordinance.
[Amended 1-21-2021 by Ord. No. 2021-01]
H. 
Screening and buffering standards, § 200-108.
I. 
Storage standards, § 200-109.
J. 
Lighting standards, § 200-110.
K. 
Performance standards, § 200-111.
L. 
Pipeline setback standards, § 200-112.
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.
(3) 
Parking areas shall be designed so as to appear broken in mass, in proportion to the scale of structural development, and shall be landscaped in accordance with the provisions of § 167-66.1 of the Subdivision and Land Development Ordinance.
[Amended 1-21-2021 by Ord. No. 2021-01]
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.