Nonindustrial uses shall be permitted in the I-1 General Industrial District in areas designated as an IRA through the conditional use permit process described herein. A conditional use permit for Industrial Revitalization Area designation shall be regulated as follows:
A. 
Establishment of conditions. The conditional use permit through the process and regulations described herein shall establish the following:
(1) 
Evidence that the lot(s) meets the eligibility requirements of § 87-18.
(2) 
Boundaries of the Industrial Revitalization Area.
(3) 
Industrial and nonindustrial areas pursuant to § 87-19.
(4) 
A list of nonindustrial land uses proposed pursuant to § 87-20.
(5) 
Conditions for the industrial and nonindustrial land uses, including referencing all conditions stipulated in § 87-21.
(6) 
Square footage to be available in the retail bank based on the acreage of the industrial area pursuant to § 87-21E.
B. 
Modification of conditional use permit. Once approval for a conditional use permit is granted, the applicant shall abide by all conditions including everything established in Subsection A above. Modification to the conditions can only be made by applying for a new conditional use permit following all the procedures set forth in this chapter. Any changes in relation to the land development and/or subdivision plan can be made following the processes outlined in Chapter 180 of the College Township Code unless they relate to modifications of the conditions established for the conditional use permit as required above.
C. 
Land development and subdivision. Applicants shall submit land development and/or subdivision plans with the conditional use permit application which shall be compliant with all land development/subdivision requirements pursuant to Chapter 180, Subdivision of Land.
D. 
A tract(s) of land which meets the eligibility requirements to be designated an IRA may be subdivided into smaller lots pursuant to the conditions contained herein and those imposed by Council in regards to land development and subdivision plans. The IRA designation shall be noted on all plans for all lots to be subdivided from the original lot(s) as well as the deeds of said lot(s) noting the conditions contained herein and those requested by Council prior to approval. The same shall hold true for lease or condominium areas.
E. 
Sale and lease areas. A lot or lots contained within the area to be designated an IRA shall be permitted to be sold or leased to other property owners and developed accordingly.
A tract(s) of land or portion thereof may be designated an Industrial Revitalization Area (IRA) enabling it to include additional nonindustrial uses in the I-1 District pursuant to the regulations contained herein if the tract(s) or portion thereof meets the following conditions:
A. 
The whole parcel(s) or portion thereof proposed to be an IRA shall be located wholly within the I-1 District as established in Chapter 200.
B. 
The parcel(s) or portion thereof proposed to be an IRA shall contain one or more industrial structures which are at least 75% vacant at the time of proposed designation.
C. 
The developer shall reveal one of the following items which complicate development making the need for additional capital expenditure to remedy the situation:
(1) 
The site or portion thereof is a brownfield;
(2) 
The site or portion thereof is the subject of a prior, planned or ongoing removal action under Title 42 of the United States Code;
(3) 
The site or portion thereof is subject of a prior, planned or ongoing remedial action taken under Title 42 of the United States Code;
(4) 
The site or portion thereof is listed on the National Priorities List or is proposed for listing;
(5) 
The site or portion thereof is contaminated by a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802);
(6) 
The site or portion thereof is contaminated by petroleum or a petroleum product excluded from the definition of "hazardous substance" above; or
(7) 
The condition of the structure(s) on site are such that they will require substantial capital expenditure to bring the structure into compliance with applicable building codes or to rehabilitate the structure so that it may be brought back into use. The developer shall provide evidence that the capital expenditure coupled with the cost of land will exceed any income received from the development and subsequent sale or lease of the land.
D. 
The parcel(s) or portion thereof proposed to be an IRA shall contain at least 75 acres of land. Lot(s) smaller than 75 acres may also be eligible for a conditional use permit if the following conditions are met:
(1) 
The lot(s) is 30 acres or greater;
(2) 
All other eligibility requirements can still be met;
(3) 
Council determines that the establishment of an IRA is the most likely method for returning a site back to productive use; and
(4) 
All new proposed structures shall be limited to a height of 45 feet.
E. 
All lots proposed to be designated an IRA shall be owned by the same owner(s). If multiple property owners propose to undertake a conditional use permit for an IRA, then there shall be an agreement or partnership in place binding all property owners to the conditions of the conditional use permit, standards of the land development/subdivision approval. All lots to be included in the IRA will be considered a whole and reviewed as such rather than as individual lots.
The conditional use permit for an Industrial Revitalization Area shall establish the industrial and nonindustrial portion of a tract as follows:
A. 
At least 51% of the IRA net site area shall remain industrial, and no more than 49% of the IRA net site area shall be used for nonindustrial uses.
B. 
Net site area shall be determined by taking the acreage of the IRA and subtracting out the area of required parkland, stormwater facilities and land restricted due to deed restrictions placed on the land by a governmental agency. All other land shall be considered either nonindustrial or industrial.
C. 
Parking and loading areas, their associated access drives and any other facility which may be shared and is not listed in Subsection B above shall be designated industrial or nonindustrial and proportioned based on the building size for which it serves.
A. 
Nonindustrial land uses. Land designated as nonindustrial within an IRA shall be permitted to have the following land uses:
(1) 
All retail establishments for the sale, service and rental of goods, except aircraft.
(2) 
All service establishments, including but not limited to automobile service stations, barbers and beauticians, dry cleaning, health clubs, funeral homes, mortuaries and tailors.
(3) 
Amusement enterprises, including billiard parlors, bowling alleys, skating rinks or similar uses.
(4) 
Animal hospitals and veterinary offices.
(5) 
Apartments.
(6) 
Arenas, stadiums, commercial auditoriums and motion-picture theaters.
(7) 
Bus passenger stations.
(8) 
Business and financial offices.
(9) 
Business and personal services.
(10) 
Churches and other places of worship, parish houses and convents.
(11) 
Community center.
(12) 
Convenience stores.
(13) 
Eating and drinking establishments.
(14) 
Emergency services such as police, fire and ambulance.
(15) 
Hospital.
(16) 
Hotels and motels.
(17) 
Medical and dental offices.
(18) 
Newspaper publishing.
(19) 
Opticians and optical goods.
(20) 
Photographic studios.
(21) 
Public and private institutions of higher education.
(22) 
Public/municipal libraries, museums, offices, art galleries, reading rooms.
(23) 
Public/private park and recreation areas.
(24) 
Radio and television studios.
(25) 
Townhouse.
B. 
Industrial land uses. Land designated as industrial in the IRA shall be permitted to have any of the land uses as permitted in the General Industrial District (I-1) as established in Chapter 200, Zoning.
C. 
Minimum lot size. The minimum lot size shall be determined on the basis of minimum width, maximum coverage, parking and other requirements contained herein and in Chapter 200, Zoning.
D. 
Spacing. The Council may allow the reduction in lot size, lot width and setbacks, provided that the following minimum conditions are met:
(1) 
Front yard setbacks. All nonresidential buildings shall maintain a front yard setback on a public street of at least 50 feet. Residential buildings shall maintain a front yard setback on a public street of 30 feet.
(2) 
Spacing. Buildings within the IRA shall be spaced appropriately to ensure privacy and sufficient light and air. Fences, insulation, walks, barriers and landscaping shall be used as appropriate, for the protection and aesthetic enhancements of property, the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise.
E. 
Maximum lot coverage. The total ground floor area of all buildings and structures shall not exceed 35% of the total area of the IRA. Maximum impervious coverage of the total area of the IRA shall not exceed 65%. Individual lots or lease areas within the IRA may exceed the coverage maximums as long as the coverage maximums are not exceeded for the total area of the IRA.
F. 
Height. The height of all nonindustrial structures shall not exceed 65 feet. The height of all industrial structures shall not exceed 45 feet.
G. 
Perimeter requirements. Setbacks of 15 feet on the side, 50 feet in the rear and 50 feet in the front shall apply to the perimeter of the IRA area.
H. 
Corridor Overlay District. The following regulations of the Corridor Overlay District, as established pursuant to § 200-38.2, shall be superseded by the regulations contained herein:
(1) 
Section 200-38.2C, District regulations.
(2) 
Section 200-38.2F, Parking lot landscaping and screening.
I. 
Property owners' association. A property owners' association shall be formed pursuant to § 180-27 if the proposed development will include two or more property owners.
The following standards shall be adhered to for all development within an IRA upon receiving a conditional use permit for nonindustrial uses in addition to those found in Chapter 180, Subdivision of Land, and Chapter 200, Zoning:
A. 
Sidewalks. All existing and new streets, including private streets, to be created within a parcel(s) or portion thereof designated as an IRA shall include sidewalks on both sides of the streets. Streets which are adjacent to the site shall accommodate a sidewalk on the side of the street which is adjacent to the IRA. In addition, each building existing or proposed shall include a sidewalk which leads from the front entrance of the building to the newly created sidewalk system. Sidewalks shall be designed and built pursuant to Chapter 177, Streets and Sidewalks.
B. 
Parking and loading. Off-street parking and loading spaces shall be provided for uses within the IRA pursuant to § 200-38 with the following additions:
(1) 
All new parking lots to be created after the adoption of this chapter shall be required to have no more than 50% of their parking spaces in the front yard area. For the purposes of this chapter, the front yard area shall be considered any space between the structure(s) and a public or private street. The front yard area shall extend from side lot line to side lot line. For corner and through lots, the front yard area shall be all sides which area adjacent to a private or public street.
(2) 
Council may reduce the minimum number of parking spaces required, based on a parking generation study, without the need for a variance. The study shall determine how a proposal to reduce parking is justified by estimated peak use, easy pedestrian access, compatibility of uses for sharing parking, availability of transit service and adjacent on-street parking. This reduction shall be limited to a twenty-percent reduction of the established standard.
C. 
Screening. All parking lots, loading, trash collection and storage areas shall be screened pursuant to §§ 200-36 and 200-38.2F. The regulations contained in the above-referenced sections shall apply to parking lots adjacent to all public roads, including an arterial road.
D. 
Land use buffers. In addition to the buffer yards to be established between zoning districts, buffers shall be provided between individual land uses located in the IRA:
(1) 
Land use buffers will be required anytime an industrial land use abuts a nonindustrial land use. The buffer shall be located either in the industrial or nonindustrial land use area and shall be shown on the land development/subdivision plan as such.
(2) 
The land use buffers shall be established pursuant to § 200-36 with the utilization of a buffer yard C or greater between industrial and nonindustrial areas within the IRA.
E. 
Use regulations. Specific land uses shall have additional regulations on their use of the land as follows:
(1) 
Each individual retail establishment for the sale, service and rental of goods shall be limited to 15,000 square feet.
(2) 
Buildings which house multiple retail establishments for the sale, service and rental of goods shall not exceed 30,000 square feet, with each retail establishment no larger than is permitted herein.
(3) 
Buildings which house multiple uses that include retail shall be permitted to have no more than 30,000 square feet or 10% of the gross floor area devoted to retail, whichever is greater. In addition, all individual retail establishments shall be no larger than permitted herein.
(4) 
To allow for greater flexibility in providing retail space, the developer shall be permitted to establish a bank of retail square footage which can be applied to permit retail buildings larger than that permitted above for one or more retail buildings. This shall be done as follows:
(a) 
For each acre of industrial area as established in the IRA conditional use permit, 1,500 square feet of retail square footage or fraction thereof may be banked.
(b) 
The square footage in the retail bank shall be permitted to allow individual retail businesses to be larger than the size restriction in § 87-21E(1), with the only limit being that of the balance in the retail square footage bank.
(c) 
The square footage in the retail bank shall be permitted to allow buildings with multiple retail business to exceed the size restrictions in § 87-21E(2) and (3), with the only limit being that of the balance in the retail square footage bank.
(d) 
Retail bank square footage balance shall be calculated by subtracting from the proposed building size 15,000 square feet or 30,000 square feet as permitted for a retail establishment or multitenant retail building. The used square footage shall then be subtracted from the initial retail bank balance as calculated in Subsection E(4)(a) above to calculate the remaining balance. This may be applied to any number of retail establishments as long as there is square footage in the retail bank.
F. 
Reuse of structures existing at the time of the IRA designation shall be done pursuant to the regulations contained in this chapter, including that for all accessory structures such as parking lots, driveways, sidewalks and landscaped areas, unless permitted otherwise herein.
G. 
The use of beneficial reuse water is strongly encouraged for both industrial and nonindustrial purposes.
H. 
In granting the conditional use permit for the establishment of an IRA in the I-1 District, the Council may attach such reasonable conditions and safeguards in addition to those specifically expressed in this chapter as may be necessary to insure the general health, safety and welfare of College Township, its citizens and its visitors.
Council may waive certain requirements listed above upon evidence provided by the applicant as follows:
A. 
Sidewalks. The requirement for the placement of a sidewalk pursuant to § 87-21A may be waived if the following conditions are met:
(1) 
All buildings within the IRA will remain connected to one another via a sidewalk.
(2) 
All adjoining properties in the residential, commercial and industrial zones as established in § 200-8 are connected to the proposed IRA sidewalk system linking all buildings in the IRA.
(3) 
Council determines that waiving the requirement for a particular section of sidewalk will not impede pedestrian travel to, from and through the site.
B. 
Land use buffers. The required buffering between industrial and nonindustrial uses may be waived if the location of the buffer is in an area where a parking lot is proposed to be shared between industrial and nonindustrial or the location of the buffer is impractical due to existing structures. Council may also consider allowing the placement of the required trees and shrubs elsewhere on the site in lieu of planting a buffer yard.
C. 
Additional uses. An applicant for the conditional use permit may also apply for uses not listed in § 87-20, IRA Land uses, density and intensity. Council may grant approval to said uses if it is determined that the additional use(s) will aid in the redevelopment of the IRA.
D. 
In addition to the above waivers and requirements for such, the applicant must demonstrate to Council the following to receive any waiver listed above:
(1) 
The granting of a waiver will not cause any nuisances that injure or detract from the lawful existing or permitted uses of both properties adjoining the IRA and neighboring uses within the IRA itself.
(2) 
The granting of a waiver will not diminish the overall quality of the development.
(3) 
The granting of a waiver will not adversely affect the general health, safety and welfare of the Township.