[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]
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.
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.
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.
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Amusement enterprises
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Art, dance, and photography studios
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Bakeries
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Banks
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Boathouses
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Clubs, lodges, and fraternal organizations
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Community centers (includes senior centers and youth centers)
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Drug stores/pharmacies
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Dry cleaners and laundromats
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Eating and drinking establishments
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Essential services
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Farmers' market
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Florist, with or without greenhouse
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Government offices
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Grocery stores
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Health and fitness centers
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Hotels and motels
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Light industrial uses
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Live/work units
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Medical and dental offices
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Motorcycle and ATV repair establishments
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Multi-shop arcade stores*
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Multifamily residential**
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Museums, galleries, libraries
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Neighborhood retail stores***
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Personal services
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Places of worship
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Professional offices
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Public or private parks
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Public or private schools
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Public or private surface parking lots
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Radio and television studios and transmitters
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Repair establishments (including small appliance, shoe, and
electronic, but excluding automotive)
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Research, engineering or testing laboratories
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Transportation terminals
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NOTES:
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*
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The development of multi-shop arcade stores shall be limited
to the adaptive reuse of existing buildings.
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**
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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.
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***
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Neighborhood retail shall be defined as individual retail establishments
of less than 20,000 total square feet.
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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.
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.
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.
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.
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:
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:
