Borough of Bellefonte, PA Article IX Waterfront Business District (WBD)

[Amended 5-3-2010 by Ord. No. 05032010-01; 10-15-2012 by Ord. No. 10152012-001; 4-18-2022 by Ord. No. 04182022-01]

§ 575-37 Intent.

The intent of the Waterfront Business District is to promote the following:

A. To complement the Central Business District.

B. To make efficient use of the existing historic buildings located within the Borough and retain any historic character of the area by providing adaptive reuse opportunities.

C. To develop properties with uses that contribute to the economic vitality of the Borough.

D. To encourage uses that are sized and designed to complement the desired theme of the WBD and can be adequately housed within the existing/proposed facilities.

E. To minimize the detrimental effect on existing sensitive and natural features and improve compatibility with adjoining uses.

F. To participate in the provision and use of pedestrian access throughout the WBD.

G. To ensure that adequate vehicular circulation and parking are part of the proposed use.

H. To, wherever practical, make use of shared amenities with other nearby uses for parking, loading, vehicular access, signage, stormwater management, etc.

§ 575-38 Development standards.

A. All construction, alteration and/or demolition of buildings located within the Waterfront Business District and the boundaries of the Historical Architectural Review Board District shall be subject to the guidelines, standards and approval processes of the Bellefonte Historic District and the Historic Architectural Review Board.

B. To maintain the unique character of historic Bellefonte, buildings should not be branded using an architectural style of a company. Therefore, franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) shall not be permitted.

§ 575-39 District regulations.

Only uses listed below shall be permitted in the Waterfront Business District. All uses must conform to the lot, yard setback, and maximum height requirements stipulated herein, as well as other appropriate requirements of this chapter. Adult-oriented businesses shall not be permitted within the Waterfront Business District.

A. Permitted uses.

Amusement enterprises

Art, dance, and photography studios

Bakeries

Banks

Boathouses

Clubs, lodges, and fraternal organizations

Community centers (includes senior centers and youth centers)

Drug stores/pharmacies

Dry cleaners and laundromats

Eating and drinking establishments

Essential services

Farmers' market

Florist, with or without greenhouse

Government offices

Grocery stores

Health and fitness centers

Hotels and motels

Light industrial uses

Live/work units

Medical and dental offices

Motorcycle and ATV repair establishments

Multi-shop arcade stores*

Multifamily residential**

Museums, galleries, libraries

Neighborhood retail stores***

Personal services

Places of worship

Professional offices

Public or private parks

Public or private schools

Public or private surface parking lots

Radio and television studios and transmitters

Repair establishments (including small appliance, shoe, and electronic, but excluding automotive)

Research, engineering or testing laboratories

Transportation terminals

NOTES:
*	The development of multi-shop arcade stores shall be limited to the adaptive reuse of existing buildings.
**	Multifamily residential development shall not be permitted on the ground floor of any structure, except for those units developed within residential condominiums by conditional use.
***	Neighborhood retail shall be defined as individual retail establishments of less than 20,000 total square feet.

B. Accessory uses.

(1) Customary. All uses customary to the uses listed above.

(2) Residential. Residential uses shall be permitted on the upper stories of mixed-use buildings (ground-floor residential development shall not be permitted) or on the upper stories of accessory structures (e.g., garages). The construction of new accessory buildings, outbuildings or other accessory units shall not be permitted for a primary residential use.

(3) Outdoor cafes. Outdoor seating may be provided as an accessory use to eating and drinking establishments, subject to the following:

(a) At a minimum, a sidewalk width of six feet must be maintained between the limits of the outdoor seating area and the roadway edge of the sidewalk, if applicable.

(b) At a minimum, for properties along the waterfront, a pedestrian walkway width of 10 feet with an improved width of five feet must be maintained between the limits of the outdoor seating area and the edge of the stream bank or stream-bank fence. The pedestrian walkway may be located within the required stream-bank setback.

(c) The applicant shall secure a permit annually from Bellefonte Borough prior to providing outdoor seating.

(4) Youth day care. Youth day-care facilities shall be permitted as an accessory use to churches, health and fitness centers, or in adaptive reuse of existing buildings.

C. Conditional uses.

(1) Residential condominium.

(2) Public or private parking structures.

§ 575-40 Lot requirements.

A. Minimum lot size. The minimum lot size shall be determined on the basis of the minimum width, maximum coverage, yard setback, parking and other requirements contained in this chapter.

B. Maximum impervious coverage: 75% (any combination of buildings and impervious surfaces).

C. Building height. To encourage architectural detailing and features consistent with the historic character of the waterfront area, the height of buildings within the Waterfront Business District shall be measured from the average of the ground-floor elevation to the finished ceiling of the highest habitable space.

D. Minimum building height: 20 feet.

E. Maximum building height (primary structure): 50 feet.

F. Maximum building height (accessory structure). The maximum building height of any accessory structure constructed within the Waterfront Business District shall be 20 feet; however, the highest point of the accessory structure shall be no taller than the highest point of the primary structure.

G. Front yard setback. The front yard setback of any building constructed within the Waterfront Business District shall be, at a minimum, zero feet from the interior edge of the sidewalk and, at a maximum, within 10% of the average setback of all buildings along the shared street front of the block within which the building is to be constructed.

H. Side yard setback: no minimum (except for properties bordering the waterfront).

I. Stream setback (properties bordering the waterfront). A minimum setback area of 20 feet shall be maintained. This setback area shall be measured from the top of the stream bank and/or the stream-bank fence (if applicable) and the nearest edge of the building or any improved or occupiable space (e.g., patio, outdoor seating area, etc.).

J. Rear yard setback: no minimum.

§ 575-41 Use and performance standards.

The following use and performance standards shall apply to all developments within the Waterfront Business District:

A. Outdoor sales and storage of merchandise and/or materials shall be permitted in accordance with § 495-15 of the Code.

B. The dispensing of and retail sale of gasoline products for vehicular use shall not be permitted.

C. Adult businesses shall not be permitted.

D. Buildings shall be spaced appropriately to ensure privacy and sufficient light and air. Fences, 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, and the reduction of noise.

E. Land use buffers shall be required when an industrial land use abuts a nonindustrial land use (see Article XX, Landscaping). The required buffer between industrial and nonindustrial uses may be waived by Council if the location of the buffer is an area developed as a parking lot to be shared between the industrial and nonindustrial uses or where the buffer is impractical due to the location of existing structures.

F. Pedestrian access shall be maintained along the stream bank.

G. The minimum floor area for new dwelling units and/or live/work units shall be 750 square feet.

H. To protect health, safety and welfare, a stream-bank fence may be required at the recommendation of the Borough Engineer.

I. New ground-floor residential uses shall not be permitted (except for those developed by conditional use within residential condominium developments).

J. Street vendors shall be permitted as an extension of an existing business by permit only with necessary permits, sales tax number, DEP food handler's permit, health permits, and/or insurance.

K. All applicable federal and state regulations regarding the situation of structures in floodplains shall apply. Evidence of compliance shall be required.

L. Speaker and/or public address systems used in external areas shall be designed to keep audible impact at ambient levels. (See Chapter 372, Noise.)

§ 575-42 Conditional use criteria for residential condominium development.

The building height restriction may be expanded by 10 feet (to a maximum height of 75 feet); the maximum building footprint may be expanded by up to 20,000 additional square feet (to a maximum of 50,000 square feet); the maximum building width may be expanded by up to 150 additional feet (to a maximum of 250 feet) and/or the front yard setback may be extended, at the discretion of Borough Council, by conditional use, subject to the following:

A. The project must meet the definition of a residential condominium, which is hereby defined as "a building dedicated for multifamily residential use within which each individual dwelling unit is owned by an individual person or persons with a requirement that the building itself and all related facilities and common areas are owned and maintained by a condominium property owners' association."

B. The maximum number of residential units that can be constructed on the property shall be 35 units per acre.

C. The project must provide for various sizes of condominium living units.

D. Site design shall be sensitive to environmental concerns and shall minimize impervious coverage to the greatest extent possible. Blasting shall be specifically addressed and reviewed by Borough Council. Only upon determination of no adverse effect will blasting be permitted.

E. The design of landscaping, outdoor lighting, and outdoor space shall be a component of the plan.

F. Parking shall be provided at a minimum of two spaces per residential dwelling unit.

G. All required parking (surface, structure and/or underground) shall be located on site and subject to the requirements of Chapter 500, Subdivision and Land Development. Preference will be given to parking located to the rear of the building, except as follows:

(1) Side yard or front yard parking may be permitted to provide connectivity to adjacent parking areas and allow for an overall improvement to the district's parking network.

(2) Side yard or front yard parking that does not connect to adjacent parking areas may be provided through construction of an on-site parking structure.

H. If all required parking cannot be accommodated on-site, the applicant shall provide 1.5 spaces per living unit on-site, include specific conditions on providing off-site parking, include design during the subdivision and land development process for the required two spaces per unit, and post surety for the remainder (the number of parking spaces above 1.5 spaces per unit that cannot be built on-site) with the stipulation that a traffic study be done to evaluate need and establish the threshold for completion of the additional spaces. Upon reaching the established and agreed upon thresholds, the developer would be required to construct the additional spaces.

I. A condominium association shall be formed in accordance with the Pennsylvania Condominium Act, and condominium documents shall be provided to the Borough and recorded with the Centre County Recorder of Deeds.

J. Other provisions as are determined by the Borough Council to be necessary to provide for the general public health, safety and welfare.

§ 575-43 Conditional use criteria for public or private parking structures.

At the discretion of Borough Council and by conditional use, the maximum building footprint may be expanded by up to 20,000 additional square feet (to a maximum of 50,000 square feet); the maximum building width may be expanded by up to 150 additional feet (to a maximum of 275 feet); the maximum building height may be expanded to 75 feet to the highest ceiling/level; the maximum impervious coverage may be increased up to 90% for lots with multistory structures; parking spaces within the structure may be reduced to nine feet in width and 18 feet in length; parking structures may be connected to adjacent buildings on individual lots at common property line via a connecting bridge; and/or the front yard setback may be extended, subject to the following:

A. Parking structures shall include space for ground-floor commercial or office development.

B. A traffic study shall be prepared to show the proposed number of parking spaces, proposed ingress and egress areas, and any associated impacts to the road network and local traffic flows.

§ 575-43.1 Conditional use criteria for hotels.

At the discretion of Borough Council and by conditional use, the building height restriction may be expanded by 10 feet (to a maximum of 75 feet); the loading and unloading of vehicle regulations may be modified; the maximum building footprint may be expanded by up to 20,000 additional square feet (to a maximum of 50,000 square feet); the maximum building width may be expanded by up to 150 additional feet (to a maximum of 250 feet) and/or the front yard setback may be extended, subject to the following:

A. Hotels shall include space for ground-floor commercial or office development.

B. Other provisions are determined by the Borough Council to be necessary to provide for the general public health, safety and welfare.