[Ord. 2227, 12-10-2013]
This chapter shall be known as and may be cited as the "Phoenixville
Borough Zoning Ordinance of 2013."
[Ord. 2227, 12-10-2013]
1.
This Zoning Ordinance was created to implement the recommendations
of the Phoenixville Borough Comprehensive Plan Update that was adopted
by the Borough Council in 2011 as well as being drafted in a manner
consistent with the Phoenixville Regional Comprehensive Plan. The
primary objective is to promote economic growth in a manner that accommodates
new and infill development that compliments and enhances the Borough's
existing streetscape character, development patterns and qualities
associated with the Borough's historic, architectural and cultural
resources. Additionally, this Zoning Ordinance is intended to provide
regulations and guidelines covering all aspects of development and
the various uses of land in all portions of the Borough.
2.
This Zoning Ordinance considers the Borough to be a community of
neighborhoods, each with their distinctive character, primarily determined
by their historic period of development. Consideration was also given
as to whether a neighborhood's development objectives are to be addressed
as infill development — within the context of an established
neighborhood — or as new development in a growth area.
A.
The specific community development objectives for this Zoning Ordinance
are listed below.
(1)
Infill Development. Neighborhoods are considered infill areas
if they are essentially built out and the primary zoning issues are
related to maintaining the existing neighborhood qualities and characteristics.
New development will primarily consist of the development of a single
vacant lot, the rehabilitation or redevelopment of an existing building,
or the construction of additions and/or accessory buildings. Most
of the Borough's neighborhoods fit into this category. Infill areas
are where the existing development patterns and densities should be,
when feasible, used to guide/regulate new development.
(2)
Growth Areas. Growth areas are those neighborhoods with significant
new development opportunities — such as the French Creek Valley,
which includes the former Phoenix Steel mill site, as well as the
underdeveloped areas along the north and south sides of the western
half of Fillmore Street in the north section of the Borough. In those
areas, the zoning initiatives should help to ensure that this growth
is compatible with adjacent neighborhoods and existing Borough-wide
development patterns.
(3)
Locational Criteria. This is included to generally address how
the first floor of a building is used. First-floor residential uses
in a heavily trafficked setting are generally not appropriate, and
the first floors fronting Main, Gay and Bridge Streets in areas of
the town center should be restricted to retail use in order to ensure
the continuity necessary to maintain a vital retail environment. The
Nutt Road/Route 23 corridor presents a unique challenge. This route
through the Borough includes significant areas that were historically
developed for residential uses, but the increase in road traffic has
made these houses less desirable for residential occupancy. Zoning
along this corridor should seek to accommodate the conversion of these
properties for nonresidential uses while maintaining the historic
residential character of the streetscape along much of this corridor.
(4)
Parking. Parking should be accommodated in a manner such that
it does not dominate or overwhelm the character of the streetscape.
Parking should also be provided efficiently, with the incorporation
of shared parking options that maximize both day- and nighttime utilization
and the provision of common/public parking facilities to enable the
maximum utilization of valuable development space, such as in the
town center.
(5)
Streetscapes. The Borough's historic streetscapes largely define
the public character of all neighborhoods. Specific elements of these
streetscapes include street cartway widths, building setback, sidewalks,
on-street parking, planting strips or wells for street trees and lighting.
The Zoning Ordinance should seek to maintain and enhance the quality
of these streetscapes and promote the development of new streetscapes
in the growth areas that continue this tradition.
(6)
Industrial Areas. Two areas are identified in the Comprehensive
Plan that consist of entirely nonresidential uses: The area along
the north side of West Bridge Street to Pothouse Road — which
includes the PECO service facility, the former West Company buildings
— and the area along both sides of Second Avenue in the southeast
corner of the Borough — which includes the Borough sewage treatment
facility and composting area, storage facilities, and industrial buildings.
These areas should likely be maintained as employment centers; however,
additional creative uses might also be feasible, such as recreational
facilities or redeveloped as residential.
(7)
Town Center Extension. The area west of the town center along
West Bridge Street to Nutt Road is in transition as West Bridge Street
and Nutt Road residences are converted to other uses and vacant lots
are developed. Major new development here includes senior housing
complexes. The Zoning Ordinance should accommodate the reuse of residential
buildings along West Bridge Street and Nutt Road.
(8)
North Hill/High Street Neighborhood Center. This area was historically
a small commercial "main street." The Comprehensive Plan recommends
that this area be revitalized to serve this historic function as a
small commercial services center for the surrounding neighborhood.
(9)
French Creek Valley. This area is identified in the Comprehensive
Plan as the French Creek Valley Redevelopment Area. It is dominated
by the 120+ acre Phoenix Steel site, a concrete recycling facility
and a suburban-scale shopping center at the western end. The significant,
although currently uncelebrated, feature of the area is French Creek.
This area offers a major economic development opportunity in the Borough
that should be carefully planned to be integrated with the Borough's
vehicular and pedestrian circulation network and to highlight and
enhance the environmental integrity of the French Creek. Development
in this area also needs to take into account the Borough of Phoenixville's
Floodplain Ordinance, as amended, and its provisions which place certain
restrictions upon development with the floodplain areas.[1]
[Ord. 2227, 12-10-2013]
In interpreting and applying the provisions of this chapter,
these provisions shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort, convenience,
and general welfare.
A.
Whenever any regulations made under the authority of this chapter
require a greater width or size of yard, courts or other open spaces,
or require a lower height of buildings or a smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
higher standards other than those which are required in or under any
other statute, the provisions of the regulations made under the authority
of this chapter shall govern.
B.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a lower
height of buildings or a smaller number of stories, or require a greater
percentage of lot to be left unoccupied, or impose higher standards
other than those which are required by any regulations made under
the authority of this chapter, the provisions of such statute shall
govern.
C.
Whenever any regulations pertaining to a specific use or activity
under the authority of this chapter require a greater width or size
of yards, courts or other open spaces, or require a lower height of
buildings or a smaller number of stories, or require a greater percentage
of lot to be left unoccupied, or impose higher standards other than
those which are required for the zoning district or generally required
under this chapter, the greater or higher standards shall govern.
D.
This chapter does not repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or implicitly repealed by this chapter,
or any private restriction placed upon property by covenant, deed,
or other private agreement, unless repugnant hereto.
[Ord. 2227, 12-10-2013]
It is hereby declared to be the intent of the Borough Council
that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or any
other structure or tract of land to be invalid or ineffective, in
whole or in part, the effect of such a decision shall be limited to
the person, property or situation immediately involved in the controversy;
the application of any such provision to other persons, property or
situations shall not be affected.
[Ord. 2227, 12-10-2013]
1.
General. The Borough is hereby divided into districts of different
types, each type of such number, shape, kind and area, as well as
of such common unity and purpose and adaptability of use, that is
deemed most suitable to carry out the objectives of this Zoning Ordinance
and the Comprehensive Plan.
2.
Designation of Districts. For the purpose of this Zoning Ordinance,
the Borough is hereby divided into districts which shall be designated
as follows:
|
Abbreviation
|
District Title
| |
|---|---|---|
|
RI District
|
Residential Infill
| |
|
TC District
|
Town Center
| |
|
MI District
|
Mixed Use Infill
| |
|
NC District
|
Neighborhood Commercial
| |
|
CD District
|
Corridor Development
| |
|
MG District
|
Mixed Use Growth
| |
|
I District
|
Industrial
|
3.
Zoning Map. Districts are bounded and defined as shown on the map
entitled "Zoning Map of the Phoenixville Borough," dated the same
date as the adoption of this Zoning Ordinance, as amended, which accompanies
this chapter and which, with all explanatory matters herein, is hereby
made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
4.
Interpretation of District Boundaries. Where uncertainty exists with
respect to the boundaries of the district, as indicated on the Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately coinciding
with the center lines of streets, highways, railroad lines, or streams,
such center lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately
coincide with lot lines, such lot lines shall be construed to be the
said boundaries; or where district boundaries are extensions of lot
lines or connect the intersections of lot lines, such lines shall
be the said district boundaries.
C.
Where district boundaries are so indicated that they are approximately
parallel to center lines of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map.
