[Amended 11-15-1995 by Ord. No. 1555; 9-6-2000 by Ord. No. 1658; 10-4-2000 by Ord. No. 1661; 4-5-2006 by Ord. No. 1741; 10-21-2009 by Ord. No.
1779]
Any building may be erected, altered or used
and a lot or premises may be used for any of the following uses and
for no other:
A. The manufacture, compounding, processing, packing
or treatment of such products as candy, cosmetics, drugs, perfumes,
pharmaceuticals, toiletries and food products, except the rendering
or refining of fats and oils.
B. The manufacture, compounding, assembly and treatment
of articles of merchandise of the following previously prepared materials:
aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt fiber,
fur, glass, hair, leather, paper, plastics, precious or semiprecious
metals or stones, shell, rubber, tin, tobacco, wood (excluding a sawmill),
tars, resins and paint, not involving a boiling process and where
there are no noxious odors.
C. The manufacture of putty, pottery, figurines or other
similar ceramic products using only previously pulverized clay in
kilns fired by electricity or gas.
D. The manufacture and maintenance of billboards and
commercial advertising structures.
E. Lightweight foundry casting or nonferrous metals not
causing noxious fumes or odors or noise.
F. The sale, storage or sorting of materials, machinery
and equipment, but not including processing. This does not include
junkyards.
H. Machine shops or other metalworking shops, excluding
drop hammers and other noise-producing machine-operated tools.
I. The manufacture of brick, tile or terra-cotta.
J. Freight classification yards.
L. Any uses customarily incident to a use authorized
by this section, except that uses specified herein as permitted only
by special exception shall not be permitted as accessory uses.
M. Gasoline filling stations and automobile repair facilities.
O. Automobile laundry or car-washing establishments.
P. A lot or building for the sale of new and used motor
vehicle, truck and trailer and farm machinery sales (where the showrooms
are enclosed), which includes a used car lot and repair shop adjacent
to and in connection therewith.
Q. Hotel, provided that the hotel is located on a lot
having a minimum lot size of five acres.
R. Office building, provided that any such building shall
contain no more than two stories and shall be located only on a tract
with mixed industrial uses containing not less than 20 acres.
S. Historic Rehabilitation Overlay District, when permitted by conditional use, subject to the regulations of §
405-1514, on those properties specifically designated by Borough Council pursuant to a Zoning Map amendment.
(1)
Applicant shall demonstrate compliance with
architectural standards commensurate with the exterior design and
materials of an exterior rehabilitation following the guidelines of
the Secretary of the Interior.
(2)
Applicant shall submit sufficient information
in the form of conceptual architectural elevations or sketches of
the common areas and any proposed building or the rehabilitation of
existing buildings in order to demonstrate that the Historic Rehabilitation
Overlay District is designed as a harmonious development of related
structures which incorporates common access drives, shared parking,
common area maintenance and a common stormwater management plan.
(3)
Each applicant shall submit architectural elevation drawings for all sides of the building(s), including those that are visible from any internal courtyards, showing concepts for facades, roof design and materials for buildings and incorporate specific design standards as set forth in §
405-1514.
(a)
These design standards 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.
(b)
Architectural performance standards such as
screening of parking facilities, loading areas and all mechanical
equipment; building entrances; the massing of buildings to reinforce
the design of an urban space; and sign control.
(4)
The elevations or sketches submitted shall also
demonstrate the use of compatible building materials among the various
rehabilitations proposed.
(5)
In lieu of strictly complying with the design standards set forth in §
405-1514, an applicant may offer to Borough Council to place a deed restriction upon its property which provides that development of its property will be substantially in accordance with its plan; and Borough Council may in its discretion accept applicant's deed restriction in lieu of requiring the applicant to strictly comply with the design standards set forth in §
405-1514.
(6)
Once approved, no building or part of building
may be removed or altered without first obtaining conditional use
approval.
U. Medical
marijuana grower/processor.
[Added 6-21-2017 by Ord.
No. 2017-1898]
The following are conditional uses in the Industrial District:
A. Day-care centers (in accordance with Article
XXIX).
The following uses are permitted when authorized
as a special exception by the Zoning Hearing Board:
A. Petroleum product manufacture or wholesale storage
of petroleum.
B. Asphalt manufacture or refining.
C. Paint, oil (including linseed), shellac, turpentine,
lacquer or varnish manufacture.
D. Any other trade, industry or use, excluding any residential
use or child day-care facility, that will be no more injurious, hazardous,
noxious or offensive than those listed herein.
[Amended 5-6-1992 by Ord. No. 1477]
No industrial use shall be permitted which is
a nuisance industry, noxious or offensive to the surrounding neighborhood.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities and levels of offensive odors which shall be the fifty-percent response level of Table I (Odor Thresholds and Air, Research on Chemical Odors: Part
I – Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C., as amended to date), as amended.
Any operation producing intense glare or heat
shall be performed within an enclosed building or behind a solid fence
in such manner as to be completely imperceptible from any point beyond
the lot lines.
No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
beyond the lot lines.
There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 221, 223, 225 and 229, Title 25, Article
V, Pennsylvania Department of Environmental Protection Rules and Regulations, as amended.
The height of any building or structure shall
not exceed 40 feet; provided, however, that said height limitation
of 40 feet may be exceeded by one foot for every one foot of additional
setback (above the required minimum) in each of the front yard, side
yards and rear yard dimensions. In no event, however, shall any building
or structure exceed 65 feet in height.
The building coverage shall not exceed 50% of
the lot area, and the impervious surface coverage shall not exceed
75% of the lot area.
[Added 4-5-2006 by Ord. No. 1741]
A. Permitted uses. A building or group of buildings may
be erected, altered or used and a lot or premises may be used or occupied
for any of the following purposes and no other:
(2)
Accessory uses customarily incidental to the
above, including:
(a)
Parking lot or parking garage.
(b)
Fitness center, limited to use by residents
of the premises and their guests.
(c)
Personal service use, limited to the first floor or basement and limited
to use by residents of the premises only.
(d)
No-impact home-based business.
B. A minimum of 2.5 acres shall be required and a master
plan shall be submitted illustrating the development or redevelopment
for the entirety of each lot. Upon the approval of a master plan,
sections of the lot may be developed on a phased basis. The master
plan may include multiple uses and multiple buildings on a single
lot.
C. The residential density shall not exceed a maximum
of 40 dwelling units per acre of lot area.
D. Design standards.
(1)
Architectural guidelines.
(a)
Facade materials and roof designs shall be consistent
with the requirements of the Secretary of the Interior for Historic
Rehabilitation of Historic Places.
(b)
Service functions, such as loading docks, utility
meters, HVAC equipment and trash dumpsters, shall be incorporated
into the overall design theme of the building so that the front and
side facades are continuous and uninterrupted by ladders, towers,
fences and equipment. These functions shall be located and screened
so that the visual and acoustic impacts of these functions are fully
contained and out of view from street frontages.
(c)
Principal buildings shall have clearly defined,
highly visible resident entrances with a mix of features such as canopies,
porticoes, arches and integral planters that incorporate landscaped
areas and/or areas for sitting.
(2)
Site plan guidelines:
(a)
Plazas and/or courtyards shall be provided as
follows:
[1] At the corner of two intersecting
roads which form road frontage to the center. Such spaces shall consist
of not less than 500 square feet of paved surfaces which provide walking
or seating areas, civic items such as fountain, clock, sculpture or
masonry walls with municipal logos or names. Ornamental landscaping
shall complement the design; or
[2] In the alternative to Subsection
D(2)(a)[1] above, at a point along the front building facade or within the building which consists of not less than 1,000 square feet of paved and landscaped surfaces which provide walking or seating in addition to any required sidewalks along the front of the building.
[3] Plazas or courtyards shall be provided
with architectural pavers, exposed aggregate or scored concrete, or
deckwork, not asphalt, and shall be appointed with streetscape features
such as benches, sitting walls, planting beds, sculptures, fountains,
lighting, railings and landscape space dividers such as shrubs or
trees arranged to buffer the space from parking lots or entrances.
(b)
Street and parking lot lighting shall be provided
as follows:
[1] Street and parking lot lights shall
be of pedestrian scale and complementary to the historic architecture
to be preserved and positioned along the street frontage(s) and within
parking lots at locations approved by the Borough, and shall not interfere
or obstruct vehicular or pedestrian circulation or parking spaces.
[2] Parking lot lighting shall meet
the following requirements:
[a] No light greater than 0.5 footcandle
shall shine directly into the windows of a building on abutting property.
[b] No light greater than 0.5 footcandle
shall shine directly from a light source onto the ground or improvements
of an abutting property, although incidental light may be permitted
to fall on abutting property.
[c] The height of the light source
shall in no event exceed 20 feet unless specifically waived by Council
and shall be of such pole design, color and fixture design to be consistent
with revitalization and renewal plans established by the Borough.
[d] Light sources shall be shielded
so that they are not visible from adjoining properties.
E. Setbacks.
(1)
All buildings and parking shall be set back
a minimum of four feet from the street line. A sidewalk shall be installed
along all road frontage with a minimum width of 60 inches, which may
be reduced by Borough Council to match the width equal to the prevailing
sidewalk width on adjacent properties, but in no case shall be less
than 48 inches in width.
(a)
Existing buildings used or if reconstructed
and reused shall maintain their current location unless waived by
Council.
(2)
All buildings shall be oriented toward or face
the street, and in the case of corner lots, buildings shall be oriented
or provide front facades toward adjacent streets where practicable.
F. Parking and loading areas.
(1)
Required parking shall be provided off street
and on lot on the following basis:
(a)
A minimum of 1.5 parking spaces per one-bedroom
or studio dwelling unit.
(b)
A minimum of 2.0 parking spaces per two-bedroom
or larger dwelling unit.
(c)
Loading and unloading areas shall be provided in accordance with §
405-1704, Article
XVII, Off-Street Parking and Loading.
G. Phasing. When the development of a tract and the uses
therein are in accordance with an approved master plan, a conveyance
of a lot or parcel within the development shall be permitted upon
compliance with the following conditions:
(1)
The creation and recording of a condominium
declaration in the form satisfactory to the Borough in favor of and
duly binding on all title owners, their successor and assigns within
the area of the development with respect to use, control and maintenance
of the common areas, access, green space and parking.
(2)
Application of zoning regulations to the extent
they are applicable to the approved master plan, including, but not
limited to, building coverage, floor area ratio, impervious surface
coverage, required green space, parking, loading, landscaping and
signage, as well as required area, width and yard regulations, shall
apply to the overall tract approved for development as a single master
plan. Individual lots or parcels conveyed pursuant to this section
need not comply with these zoning requirements.
H. Sign regulations. The master plan shall include a master sign plan indicating the height, size, location, color and material options of all signs and the quantity of freestanding signs and wall signs, except for those signs normally associated with those permitted by §
405-1605, Banners and temporary signs, and §
405-1607, Special signs, which shall be permitted in addition to the following:
[Amended 7-17-2013 by Ord. No. 2013-1842]
(1)
Freestanding signs: one sign per street frontage. Total area
per sign face shall not exceed 40 square feet, having a maximum height
of eight feet measured from mean ground elevation. Corner lots may
have one of the permitted signs located at the intersection.
(2)
Wall signs: wall sign or signs are permitted per street frontage
up to the sign area limit set forth in this section per street frontage.
There shall be no more than two wall signs per street frontage. The
area of wall signs per street frontage shall not exceed a maximum
of 2 1/2 square feet for each linear foot of building wall fronting
on a public street, up to a maximum total sign area of 60 square feet.
In determining the size of a wall sign for this purpose, if the letters
or symbols are fastened to a panel or if a border circumscribes the
letters or symbols, in either case, the area shall be determined by
the square footage encompassed by the panel or border. In the case
of a wall sign(s) painted on a building, or individual letters or
graphic elements affixed to a building or structure without a separate
panel or border, the sign area shall comprise the sum of the area
of the geometric figures or combination of regular geometric figures
drawn closest to the edge of the letters or separate graphic elements
comprising the sign copy.
(3)
If a wall sign is part of an integrated canopy over a public
entrance and the canopy in general is opaque, only the copy portion
of the canopy will be counted as sign area provided the other sections
of the canopy contain no sign graphics or communication of any kind.
(4)
Directional signs for entrances and parking lots are not to
exceed four square feet each, not greater in number than one per 30
parking spaces.
(5)
Illumination of signs shall be permitted, subject to §
405-1611, Illumination regulations.
(6)
Two in-ground or wall-mounted permanent flagpoles are permitted
on a property, provided they comply with engineering requirements
for the Mid-Atlantic geographic area.
I. Landscaping.
(1)
Street trees shall be provided in accordance
with § 420.3 of the Borough Subdivision and Land Development
Ordinance.
(a)
Parking lot landscaping shall be provided in
accordance with § 420.5 of the Borough Subdivision and Land
Development Ordinance, including landscape trees within the parking
lot, to the satisfaction of Borough Council.
(b)
This requirement may be waived by Borough Council
where existing buildings and parking lots are redesigned and/or restriped.
(2)
Street fences, walls and landscaping criteria.
(a)
Parking areas or parking lots that abut a street
shall include a thirty-inch- to thirty-six-inch-high architectural
wall and/or open fence plus landscape plant material buffer abutting
the sidewalk along the street frontage.
(b)
Walls shall be constructed of masonry materials
(such as brick, stone or stucco), including columns, and shall have
a finished cap or molding along the entire length.
(c)
Fences, when used, shall be wood, wrought iron
or approved simulations and shall include columns of masonry materials
which shall be spaced at intervals no greater than 25 feet.
(d)
Solid wood fences or masonry walls are permitted
along edges of parking lots where a solid screen from adjacent uses
is desired, subject to specific approval by Council.
(3)
Buffers along adjacent properties which are
not roads. Parking shall be set back five feet from adjacent industrial/commercial
uses and at least 10 feet from contiguous residential uses. When adjacent
to residential uses, a solid opaque fence at a minimum height of six
feet shall be installed.
J. Building and area bulk standards.
(1)
The height of any building or structure shall
not exceed 50 feet.
(2)
The building coverage shall not exceed 70% of
the lot area.
(3)
Maximum impervious surface coverage shall not
exceed 90% of the lot area, provided that interior and exterior courtyards
and grassed landscape areas created within the street rights-of-way
shall be counted toward the minimum ten-percent nonimpervious requirement.
(4)
The average dwelling unit size shall not be
less than 1,000 square feet, and no unit shall be less than 700 square
feet in floor area.
K. Council may modify or waive specific requirements
if it determines an improved development plan or better traffic circulation
will result.
[Added 3-18-2015 by Ord.
No. 2015-1868]
A. Uses permitted by conditional use. Only the uses listed in Table
35-1 designated as permitted or conditional use shall be permitted
as conditional uses in the Industrial Zoning District under this unlotted
mixed-use development option, except for the following uses which
shall not be permitted under this unlotted mixed-use development option:
auction rooms; bed-and-breakfast inn or home; telecommunications facilities;
or telephone transmission equipment buildings. No other uses shall
be permitted under this unlotted mixed-use development option.
B. Development standards. The following development standards shall
apply to all land developments in the Industrial Zoning District under
the unlotted mixed-use development option:
(1)
Number of uses. At a minimum, the land development must include
buildings which are used for a combination of at least four permitted
uses, consisting of at least two residential uses and two nonresidential
uses. There need not be more than one use per building except in the
case of high-rise buildings, in which the entire first floor must
be dedicated to nonresidential use(s). All buildings which include
a nonresidential use must meet the dimensional criteria applicable
to either a mid-rise buildings or high-rise buildings (set forth below).
(2)
Nonresidential uses. Nonresidential uses must consist of at
least 10% of the total building footprint area of all of the residential
buildings in the development up to a total nonresidential use of 60,000
square feet of building area (which may be on multiple floors). A
developer/applicant may build more than 60,000 square feet of building
area for nonresidential use. On-site management offices for residential
units and amenities for the exclusive use and enjoyment of residents
of one or more mid-rise buildings or high-rise buildings shall not
be included in minimum nonresidential building area.
(3)
Residential uses. Residential uses must consist of at least
50% of the total building footprint area of all buildings in the development.
The maximum number of dwelling units in mid-rise buildings is 20%
of the total number of dwelling units in the development. The maximum
number of dwelling units in high-rise buildings is 20% of the total
number of dwelling units in the development. Further, high-rise buildings
must be located within 1,000 linear feet of a train station.
(4)
Minimum tract size. The minimum tract size to qualify for development
under the unlotted mixed-use development option shall be more than
10 acres. In addition, the tract shall not have been the subject of
a subdivision in the last five years unless the subdivision has resulted
in the subdivided portion of the tract being dedicated or transferred
to the Borough.
(5)
Dimensional criteria. At a minimum, other than accessory structures,
residential buildings (and residential/nonresidential mixed-use buildings)
shall consist of at least two stories and nonresidential buildings
shall consist of at least one story. In addition, the following dimensional
criteria shall apply:
|
Single-Family Detached:
|
|
|
|
Minimum equivalent lot area (square feet)
|
5,500
|
|
|
Maximum impervious coverage (%)
|
80
|
|
|
Minimum equivalent lot width (feet)
|
55
|
|
|
Build-to line (feet to curb face)1
|
Existing or 12 to 20
|
|
|
Minimum side yard (feet)
|
10
|
|
|
Minimum rear yard (feet)
|
25
|
|
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Minimum equivalent lot depth (feet)
|
100
|
|
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Maximum building height (feet)
|
35
|
|
|
Minimum accessory building rear/side yard (feet)
|
5
|
|
Two-Family Duplex Dwelling (Duplex or Twin):
|
|
|
|
Minimum equivalent lot area (square feet) per unit
|
3,000
|
|
|
Maximum impervious coverage (%)
|
85
|
|
|
Minimum equivalent lot width (feet)
|
30
|
|
|
Build-to line (feet to curb face)1
|
Existing or 12 to 20
|
|
|
Minimum side yard (feet)
|
10
|
|
|
Minimum rear yard (feet)
|
20
|
|
|
Minimum equivalent lot depth (feet)
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100
|
|
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Maximum building height (feet)
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35
|
|
|
Minimum accessory building rear/side yard (feet)
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5
|
|
Single-Family Attached Dwelling — Townhomes and Two-Story
Stacked Townhomes1:
|
|
|
|
Minimum equivalent lot area (square feet) per unit
|
1,800
|
|
|
Maximum impervious coverage (%)
|
90
|
|
|
Minimum equivalent lot width (feet)
|
20
|
|
|
Build-to line (feet to curb face)1
|
Existing or 12 to 20
|
|
|
Minimum side yard (feet)
|
10
|
|
|
Minimum rear yard (feet)
|
20
|
|
|
Minimum equivalent lot depth (feet)
|
90
|
|
|
Maximum building height (feet)
|
35
|
|
|
Minimum accessory building rear/side yard (feet)
|
5
|
|
|
Number of attached units
|
3 to 7
|
|
|
Minimum facade offset per unit (feet)
|
2
|
|
Single-Family Attached Dwelling — Stacked Townhomes2 (Three Stories or More):
|
|
|
|
Minimum equivalent lot area (square feet) per unit
|
1,800
|
|
|
Maximum impervious coverage (%)
|
90
|
|
|
Minimum equivalent lot width (feet)
|
20
|
|
|
Build-to line (feet to curb face)1
|
Existing or 12 to 20
|
|
|
Minimum side yard (feet)
|
20
|
|
|
Minimum rear yard (feet)
|
20
|
|
|
Minimum equivalent lot depth (feet)
|
90
|
|
|
Maximum building height (feet)
|
60
|
|
|
Minimum accessory building rear/side yard (feet)
|
5
|
|
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Number of attached units
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3 to 12
|
|
|
Minimum facade offset per unit (feet)
|
2
|
|
Mid-Rise Building:
|
|
|
|
Minimum equivalent lot area (square feet) per building
|
10,500
|
|
|
Maximum impervious coverage (%)
|
90
|
|
|
Minimum equivalent lot width (feet)
|
40
|
|
|
Build-to line (feet to curb face)1
|
Existing or 12 to 20
|
|
|
Minimum side yard (feet)
|
20
|
|
|
Minimum rear yard (feet)
|
12
|
|
|
Minimum equivalent lot depth (feet)
|
N/A
|
|
|
Maximum building height (feet)
|
65
|
|
|
Minimum accessory building rear/side yard (feet)
|
10
|
|
|
First floor residential use
|
Yes3
|
|
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First floor nonresidential use
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Yes3
|
|
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Minimum building spacing
|
40
|
|
|
Minimum facade offset every 50 to 75 linear feet (feet)
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5
|
|
High-Rise Building:
|
|
|
|
Minimum equivalent lot area (square feet) per building
|
10,500
|
|
|
Maximum impervious coverage (%)
|
90
|
|
|
Minimum equivalent lot width (feet)
|
60
|
|
|
Build-to line (feet to curb face)4
|
Existing or 20 to 28
|
|
|
Minimum side yard (feet)
|
20
|
|
|
Minimum rear yard (feet)
|
12
|
|
|
Minimum equivalent lot depth (feet)
|
N/A
|
|
|
Maximum building height (feet)
|
85
|
|
|
Minimum accessory building rear/side yard (feet)
|
10
|
|
|
First floor residential use
|
No
|
|
|
Minimum building spacing
|
40
|
|
|
Minimum required building step back at 45 feet (feet)
|
5
|
|
|
Minimum facade offset every 50 to 75 linear feet (feet)
|
5
|
|
NOTES:
|
|
1
|
For purposes of this section, "stacked townhome" shall mean
a building divided vertically by floors and horizontally by walls
into three or more separate dwelling units, each having private access
to the outside; provided, however, that the dwelling units located
on the ends of the building may be divided horizontally by a vertical
wall.
|
|
2
|
For purposes of this section, "stacked townhome" shall mean
a building divided vertically by floors and horizontally by walls
into three or more separate dwelling units, each having private access
to the outside; provided, however, that the dwelling units located
on the ends of the building may be divided horizontally by a vertical
wall.
|
|
3
|
The first floor use(s) of a mid-rise may consist of permitted
nonresidential use(s), residential use, or any combination thereof.
|
|
4
|
Front build-to line shall be the setback established by the
existing front yard setback of either of the adjacent buildings. The
build-to line can also be within these two measurements, but not more
or less. In the alternative, at the Borough's option, or, if there
are no existing adjacent buildings, the build-to line shall be 12
to 20 feet to the face of the curb.
|
(6)
Off-street parking.
(a)
Off-street parking shall be provided to meet the demand for the proposed land use as a condition of approval of the conditional use and/or final land development approval. The applicant shall calculate parking demand based on accepted industry standards, published in the most current Institute of Transportation Engineers Parking Generation reports. The parking standards set forth in §§
405-1701 through
405-1709 of this chapter shall be deemed to be guidelines for parking requirements and may be required as a condition of approval of the conditional use and/or final land development approval. However, because of the mixed-use nature of development under the unlotted mixed-use development option, a shared parking analysis that projects parking needs based on the peak hour of parking demand must be prepared and submitted by the developer/applicant for review by the Borough. For example, a building with first floor retail and office space and upper floor residential may be able to adjust total parking demand to address the fact that peak residential parking demand will occur in the evening, while peak office parking demand will occur during the day. The parking analysis shall be based on industry standard methodologies, such as those endorsed by the Urban Land Institute Shared Parking Study or other methodologies deemed acceptable to the Borough. The parking demand projections and methodologies shall be subject to approval by Borough Council. Notwithstanding the foregoing, for developments consisting of 100 residential dwelling units or more, the minimum number of residential parking spaces shall be at least 1.5 times the number of dwelling units in the development. However, upon payment of a fee-in-lieu of parking, the total number of residential parking spaces required for developments consisting of 100 or more dwelling units may be reduced by up to 25% provided under the following procedure:
[1] The developer/applicant provides evidence in the
form of a professionally engineered parking study, in support of a
reduction of the parking requirement to be submitted to the Borough
Planning Commission and Engineer for their review and recommendation
prior to final land development approval;
[2] Upon construction and occupancy of 50% of the residential
units, a study of the observed parking demand of 50% of the residential
units (the "study") shall be conducted by a traffic engineer at the
developer's/applicant's expense (which engineer shall be agreed upon
between the Borough and developer/applicant as a condition of final
approval of the development);
[3] The study supports a reduction of the total number
of spaces not to exceed 25%;
[4] The approved and recorded land development plan
includes a sufficient area reserved for the construction of a parking
garage and/or surface level parking to meet the parking requirements
set forth herein of 1.5 parking spaces per residential unit;
[5] In the event the study supports a reduction in
the total number of residential parking spaces, the developer/applicant
shall pay a fee in lieu in the amount of $2,000 per parking space
for each space not required to be constructed as a result of the study.
[6] In the event the study does not support the requested
reduction in the total number of parking spaces the developer/applicant
shall construct the additional parking spaces to meet the parking
demand established by the study up to the total number of parking
spaces required by this section.
(b)
Parking capacity will be reevaluated by the Borough Code Enforcement
Officer if any change in use or increase in number of residential
units of the development occurs. Following reevaluation, the Borough
Council may require construction of additional parking spaces up to
the maximum required by this article.
(7)
Sidewalks, planting strips and curb cuts. Driveways and/or curb
cuts of up to 50 feet in width shall be permitted at the discretion
of the Borough Engineer in order to safely and adequately accommodate
turning movements of emergency vehicles. A minimum four-foot-wide
planting strip shall be required along all streets (between the curb
and the sidewalk) except alleys; provided, however, for blocks of
streets upon which a building housing one or more commercial uses
has frontage, the Borough may, at its option, require the planting
strip (or any portion thereof) area to be designed and constructed
as sidewalk. A minimum five-foot-wide sidewalk shall be required along
all streets and alleys; provided, however, for blocks of streets upon
which a building housing one or more commercial uses has frontage,
the minimum sidewalk width shall be eight feet. Nothing herein prohibits
the Borough from requiring planting strips along alleys (or along
the street upon which building having commercial uses have frontage)
as a condition of approval.
(8)
Blocks. The following are general standards for the design of
new streets and blocks. While the length and depth of blocks shall
fall within the dimensional standards herein, the dimensional standards
are not meant to imply that blocks must be laid out in a rigid grid
pattern. Street and block layout should be modified as necessary to
meet site conditions, such as site topographic and existing hydrologic
features. New blocks shall be connected to the Borough network of
streets, alleys and sidewalks to enable a continuous vehicular and
pedestrian network. New blocks shall be between 400 feet and 800 feet
long and between 300 feet and 400 feet wide. New blocks may be bisected
by alleys; provided, however, mid-rise and high-rise buildings must
have front yard and rear yard frontage on a street having a minimum
paved width of 40 feet.
(9)
Building placement and access. Whenever feasible, buildings
shall not have primary vehicular access directly from the street in
the front of the building. Parking shall not be permitted in the front
yard and front-facing garage doors shall be set back at least 20 feet
from the front building facade.
(10)
Building length. Individual building lengths shall not be greater
than 180 feet for detached buildings. A contiguous block of attached
buildings shall provide a mid-block emergency access easement with
a minimum width of 40 feet.
C. Minimum conditions of approval. The following minimum conditions
of approval shall apply to development in the Industrial Zoning District
under the unlotted mixed-use development option:
(1)
Yield plan. The yield plan shall show that, although not subdivided into individual lots, the development meets all of the applicable criteria set forth in §
405-1515B above.
(2)
Master plan. For tracts of more than 10 acres which are not
going to be developed in a single phase of construction, developer/applicant
shall provide a master plan showing the proposed development for the
entire tract.
(3)
Public facilities.
(a)
The Borough shall require two or more of the following public
facilities to be provided by the developer/applicant, at developer's/applicant's
cost and expense:
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Public Facilities
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Description
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Public parking facilities
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Off-Street public parking facilities (including related appurtenances
such as lighting, stormwater management and accessways) which shall
serve a public purpose, for example, a public park, municipal building
or transit facility. At a minimum, the off-street public parking facilities
shall include 50 parking spaces and an additional 0.5 parking spaces
for every residential unit in excess of 100 residential units. Off-street
public parking facilities shall be offered for dedication to the Borough
or the Borough's Parking Authority.
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Trail amenities
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Trail amenities shall include a recreational trail in excess
of 200 linear feet and having a minimum width of 10 feet which shall
connect to the Borough's existing parks and trails system or provide
a destination point for recreational use such as a park in excess
of 10,000 square feet. Trail amenities shall be offered for dedication
to the Borough.
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Active recreational areas and public plaza areas
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Under this condition, at a minimum, the developer/applicant
shall provide 15% of the tract as active recreational areas and public
plaza areas. Active recreational areas and public plaza areas may
consist of greens, plazas and parks as set forth in greater detail
below. Public spaces of less than 2,000 square feet shall be designed
as plazas. Nothing herein shall prohibit the construction of a plaza
in excess of 2,000 square feet. Greens are public spaces between 2,000
to 15,000 square feet that provide open areas for passive and active
recreation. Parks include open lawn areas for active recreation in
excess of 15,000 square feet. No more than two plazas and one green
may be included in the calculation of the minimum area of the active
recreational areas and public plaza areas. Stormwater management facilities
for the development may, upon Borough Council approval, be incorporated
into the active recreational areas and public plaza areas. Active
recreational areas and public plaza areas shall be built according
to a detailed landscape plan which is acceptable to Borough Council
that should include ornamental structures, such as fountains, and
along with benches, low walls and gazebos. Developer/applicant shall
also provide a plan showing how the active recreational areas and
public plaza areas interconnect into the Borough's existing pedestrian
corridors and the Borough's existing parks and/or trail systems. Active
recreational areas and public plaza areas shall be in a location acceptable
to Borough Council and all or any portion thereof, may, upon Borough
Council approval, be located on lands outside of (but proximate to)
the Borough's municipal boundaries. Active recreational areas and
public plazas shall be offered for dedication to the Borough.
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Historic preservation
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Preservation and/or adaptive reuse at the expense of the developer/applicant
and dedication, at the option of the Borough, of a historically significant
building or structure to the Borough (or the Borough's designee).
The building or structure must be structurally sound.
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(b)
The Borough, at Borough's sole option, may permit construction
and/or dedication of off-site public facilities to meet the minimum
conditions of approval. Further, the Borough, at Borough's sole option,
may elect to receive a fee-in-lieu of construction one or more of
the public facilities in an amount acceptable to the Borough.
(4)
Mid-rise and high-rise buildings. Developer/applicant shall
obtain a recommendation from the Borough's Design Review Board for
all of the development's mid-rise and high-rise buildings prior to
obtaining conditional use approval.
(5)
Additional conditions. Nothing contained in this article shall
limit the Borough's ability to place additional, reasonable conditions
on approval of developments under the unlotted mixed-use development
option in the Industrial Zoning District.
D. Minimum architectural standards. The following minimum architectural
standards shall apply to all mid-rise and high-rise buildings which
are constructed in the Industrial Zoning District under the unlotted
mixed-use development option:
(1)
Entrance enhancements. Entrances facing streets shall be enhanced
with at least two of the following architectural features: arch(es);
recessed entryway(s); awning(s); canopy(ies); portico(s); overhang,
pediment, transom window or peaked roof form over the entrance).
(2)
Required window area. For all facades facing streets, the minimum
window area for the first floor, nonresidential use portions of building
facades shall be 30%. For all other facades, including first floor
residential use portions of building facades, facades not facing a
street, and all floors above the first floor, the minimum window area
shall be 15%.
(3)
Facade enhancements. Mid-rise building and high-rise building
facades shall be enhanced with three or more of the following design
features:
(a)
Use of masonry (brick, stone or similar material acceptable
to Borough Council) on at least 20% of the area of each of the facades
of a building.
(b)
Belt course of a different texture or color of at least five
feet wide.
(c)
Projecting cornice and/or eaves.
(g)
Balconies or decks for at least 50% of the residential units.
(i)
Window sills of a different color, pattern, material or texture
than the facade on all residential unit windows.
(j)
Quoining (masonry or vinyl blocks at the corner of all facades).
(4)
Roof enhancements. Rooftop HVAC and utilities shall be screened
from view by the building's roofline, a parapet or some other architectural
features acceptable to Borough Council. For every 50 horizontal linear
feet of building, the building's roofline shall be offset a minimum
of two vertical feet.
E. Conflicts and applicability of other requirements. To the extent there is a conflict between the provisions of this section and any other provision of this Chapter
405 or the Borough's Subdivision and Land Development Ordinance, this section shall control. Without waiver of the foregoing, all other provisions of this Chapter
405 and the Borough Subdivision and Land Development Ordinance shall apply to development under the unlotted mixed-use development option in the Industrial Zoning District.