Borough of Greenville, PA Mixed-Use Overlay Zoning District

Use.

The entire area of the Mixed Use Overlay District shall be divided into blocks, streets, lots and natural open space or recreation areas.

Similar land categories shall generally front across streets. Dissimilar categories shall abut at rear lot lines or alleys. Corner lots which front on streets of dissimilar use shall be set back the same as the adjacent use with the lesser setback.

Permitted uses include:

Single-family (attached and detached) house lots.

Two-family and multifamily dwellings.

Educational facilities.

Churches.

General and professional offices, medical and dental clinics.

Retail businesses.

[7]

Service establishments.

[8]

Hotel and motel facilities.

[9]

Eating and drinking establishments.

[10]

Child care facilities.

[11]

Research offices and laboratories (including chemical and physical sciences).

[12]

Research and development facilities.

Uses specifically prohibited include:

Storage as a principal use.

Group homes.

Car washes.

Automotive sales and service.

Adult entertainment establishments.

Any heavy manufacturing use.

[7]

Sanitary landfills or transfer stations.

[8]

Billboard signs.

All uses shall be conducted within complete enclosed buildings unless otherwise specified.

Fences and walls shall adhere to § 550-64D, unless otherwise specified in this section.

A minimum of 10% of the gross land area of the land considered for designation into the Mixed-Use Overlay Zoning District shall be designated as common open space.

Lots and buildings.

All lots shall share a frontage line with a street or a square.

All buildings, except accessory structures, shall have their main entrance opening onto a street or a square.

Streets and alleys.

Streets shall provide access to all tracts and lots.

All streets and alleys shall terminate at other streets within the neighborhood and connect to existing and proposed through streets outside the development.

Utilities shall be underground and located along alleys whenever possible. If utilities cannot be placed underground, they must run to the rear of lots, to the rear of the buildings.

Pedestrian-oriented street lamps shall be provided on both sides of the street, spaced no more than 100 feet apart. All pedestrian-oriented street lamps shall be no more than 18 feet in height.

Rights-of-way and streets must conform to the minimum standards set forth for Type III streets in the Mercer County Subdivision and Land Development Ordinance, in addition to any additional regulations set forth in this article.

The axis of the street should have appropriate termination with either a public monument, specifically designed building facade or a gateway to the ensuing space.

All buildings that house a principal use shall not have any parking areas located between the front facade and a public or private street. Sidewalks shall be provided along all streets as specified in this article.

Parking.

Parking lots shall be generally located at the rear or side of buildings and shall be screened by low walls, fences, hedges or other vegetation, between 3 1/2 feet to five feet in height.

Parking lots or garages shall not be adjacent to squares or parks, or occupy lots that terminate a vista.

Primary street frontages shall have no vehicular entries for properties with another street frontage. Properties under 150 feet in width with a single frontage on a primary street shall be limited to a maximum of two single lane-width vehicular access points separated by a minimum of 20 feet or one dual lane-width vehicular access point at least 60 feet from the nearest access point.

Adjacent parking lots shall have internal vehicular connections to one another or connection via a rear alley.

On-street parking directly fronting shall count toward fulfilling the parking requirement of that lot. One parking space credit shall be given for every space in front of the lot that is over 50% of the length of the space.

Bicycle parking is encouraged to promote alternative modes of transportation. For every three bicycle parking spaces provided on-site, a reduction of one automobile parking space may be allowed. This bonus may be applied for a reduction of up to 5% of the required automobile parking. Bicycle parking may be located in the sidewalk area, so long as five feet in width of the sidewalk remains available for safe and efficient movement of pedestrians.

Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking areas for uses that are located near one another and have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards:

The shared parking facility must be located within 500 feet of walking distance of the entrance to each of the establishments to be served.

The minimum number of parking spaces can be met for each use by using the table below:

Shared Parking Calculations Table
	Weekdays			Weekends
	1:00 a.m. to 7:00 a.m.	7:00 a.m. to 6:00 p.m.	6:00 p.m. to 1:00 a.m.	1:00 a.m. to 7:00 a.m.	7:00 a.m. to 6:00 p.m.	6:00 p.m. to 1:00 a.m.
Office/ Light Industrial	10%	100%	10%	5%	15%	5%
Retail sales and services	10%	80%	80%	10%	100%	60%
Restaurant (not 24 hr.)	20%	70%	100%	30%	75%	100%
Restaurant (24 hr.)	50%	70%	100%	75%	75%	100%
Residential	100%	60%	100%	100%	75%	95%
Theater	0%	60%	100%	0%	80%	100%
Hotel or motel	100%	55%	100%	100%	55%	100%
Religious institution	0%	25%	50%	0%	100%	50%
All other uses	100%	100%	100%	100%	100%	100%

To compute the number of spaces needed for two or more distinguishable land uses, complete the following:

[a]

Multiply the minimum parking required for each individual use, as set in § 550-44F, by the appropriate percentage in the above table, for each of the six designated time periods.

[b]

Add the resulting sums for each of the six columns.

[c]

The minimum shall be the highest sum among the six columns resulting from the above calculations.

[d]

Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

The Planning Commission must determine, at the time of tentative plan approval, that shared parking is possible and appropriate at the location proposed. Particular attention is needed to assure that sufficient and convenient short-term parking will be available to commercial establishments during the daytime periods.

If parking is to be shared by uses located on two or more lots, an agreement must be presented assuring use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve.

Any subsequent change in use would require a new zoning permit which includes proof that sufficient parking, as determined by this article, would be available.

(5)

Landscaping and screening.

Trees shall be planted within rights-of-way parallel to the street along all streets. Alleys are exempt from this requirement.

Tree spacing shall be determined by species type. Large maturing trees shall be planted at a spacing of a minimum of 35 feet and a maximum of 60 feet on center. Small and medium maturing trees shall be planted at a spacing of a minimum of 15 feet and a maximum of 40 feet on center.

Large maturing trees, such as white oak, Chinese elm, sycamore, red oak and chestnut oak shall generally be planted along residential streets and along the street frontages and perimeter areas of parks, squares, greenbelts or other open space or recreation areas.

Small and medium maturing trees, such as flowering dogwoods, serviceberry, hawthorn and river birch shall generally be planted along nonresidential streets, interior portions of parks, squares, greenbelts or other open space or recreation areas.

Plantings in proximity to buildings in front or side yards shall respect architectural lines and should be seen as an extension of architectural walls.

Plantings toward the street shall respect the integrity of the street by not obscuring important buildings and respecting views to and from streets, porches, walks and public open spaces.

All plantings shall be installed free from disease in a manner that ensures the availability of sufficient soil and water for healthy growth, and which is not intrusive to underground utilities.

(h)

All dumpsters used for multifamily or nonresidential uses shall be completely screened on three sides by either a rock or masonry wall, solid fence or a dense screen of trees and shrubs.

General use regulations.

Single-family residences (detached).

Use.

Single-family residences may also contain a bed-and-breakfast inn.

An accessory building is permitted on each lot.

Lots and buildings.

Buildings on single-family house lots shall be set back between zero feet and 20 feet from the right-of-way, at least 10 feet total between both side lot lines (three feet for accessory structures), and at least 20 feet from the rear lot line (three feet for accessory structures).

The maximum lot coverage of buildings on single-family house lots is 50%.

The maximum height for buildings on single-family house lots is 35 feet.

Parking and access.

All off-street parking spaces are to be located to the side or rear of the building. No parking spaces may be allowed between the building facade and the sidewalk.

If access is from the rear of the lot, it shall be accessed by an alley no less than 16 feet in width.

If access is from the front, garages or carports shall be located at least 20 feet behind the front facade of the lot.

Sidewalks of at least four feet in width shall be provided along all streets that have single-family residences. Rear alleys shall be exempt from this requirement.

Two-family and multiple-family attached dwellings.

Use.

Two-family dwellings may also contain a bed-and-breakfast inn or a home occupation.

Multiple-family attached dwellings may contain retail and service businesses on the first floor with the residences on upper floors.

One accessory building is permitted per lot.

Lots and buildings.

Buildings that include two-family and multiple-family dwellings shall have a front setback between zero feet and 15 feet from the right-of-way and at least 15 feet from the rear lot line (three feet for accessory structures). There are no required side setbacks.

The maximum lot coverage of buildings for two-family and multiple-family dwellings shall be 60%.

The maximum height of buildings for two-family dwellings shall be 35 feet. The maximum height for buildings with multiple-family dwellings shall be 50 feet if there are first-floor commercial uses or 35 feet otherwise.

Parking and access.

All off-street parking lots are to be located to the rear of the building. Access shall only be by an alley of no less than 16 feet in width.

Sidewalks of at least six feet in width shall be provided along all streets that have two-family or multiple-family dwellings. Rear alleys shall be exempt from this requirement.

Streets in front of all two-family or multiple-family dwellings must have parallel parking lanes, at least eight feet in width, to handle visitor parking and delivery/moving needs.

Nonresidential uses.

Use. Nonresidential uses shall contain all permitted uses that do not have a residential component.

Lots and buildings.

Nonresidential buildings shall have a front setback between zero feet and 25 feet from the right-of-way. No side or rear setbacks are required.

The maximum lot coverage of buildings for nonresidential uses is 75%.

The maximum height of buildings for nonresidential uses is 50 feet.

Blank walls shall be avoided. Buildings with facades longer than 50 feet shall incorporate recesses, different facade materials, colors and/or designs and/or different rooflines and roof pitches, and differentiation between floors.

Windows shall be provided along street frontages to ensure pedestrian safety and allow for visibility into the store. Windows may not be spaced more than 25 feet apart along any street frontage.

Parking and access.

No parking spaces are allowed between the right-of-way line and the building facade. Parking is only allowed in the side or rear yard areas or located off-site. (See § 550-45A and B for provisions for off-site parking.)

Nonresidential uses shall front on streets that have parallel parking lanes of at least eight feet in width, as well as sidewalks of at least eight feet in width.

§ 550-21 Development in stages.

A developer may construct a development under the Mixed-Use Overlay District in stages if the following criteria are met:

The application for tentative approval covers the entire development and shows the location and approximate time of construction for each stage, in addition to the other information required by this article.

At least 15% of the dwelling units in the plan given tentative approval are included in all but the final stage.

The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location, including a sufficient degree of completion of the road work and infrastructure, that they constitute economically sound units of development.

Each phase of development shall include public space in amounts and at locations deemed acceptable by Borough Council to meet, at a minimum, the public space needs generated by that phase and to assure protection of the sensitive features of that tract.

Gross residential density may be varied from stage to stage, provided that final approval shall not be given to any stage if the gross residential density of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 20% the gross residential density allowed for the entire mixed-use development in the tentatively approved plan.

§ 550-22 Open space standards.

No less than 10% of the total tract proposed for development under the Mixed-Use Overlay District shall be designated as and used exclusively for common open space and/or recreation purposes, including walking/biking trails.

Ownership of the open space or recreation lands shall be as required in the Mercer County Subdivision and Land Development Ordinance.

The common open space shall be laid out to the satisfaction of the Planning Commission and to the following:

It must be consistent with the Greenville-Hempfield Multi-Municipal Comprehensive Plan and any other applicable plans.

It must be located and designed as an area or areas easily accessible to residents of the area and of surrounding residential neighborhoods.

It must be designed to preserve significant natural features on the site.

§ 550-23 Submission and review procedures.

Preapplication conference and sketch plan. An applicant wishing to develop a mixed-use development under the Mixed-Use Overlay Zoning District is strongly encouraged to submit a sketch plan and request a preapplication conference with the Borough's Zoning Officer and representatives from the Borough Planning Commission and the Mercer County Regional Planning Commission prior to the drafting or submission of a tentative plan.

Application for tentative approval. In order to provide an expeditious method for processing a development plan for a mixed-use development under the provisions of this article, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures under the Mixed-Use Overlay Zoning District and the continuing administration thereof shall utilize the following provisions:

The application for tentative approval shall be filed by the developer in such form, upon the payment of such a reasonable fee as is specified by the municipality. The application shall be filed with the Zoning Officer. At the same time, the developer shall also file the plan with the Mercer County Regional Planning Commission, for review of the plan in regards to the County's Subdivision and Land Development Ordinance, in addition to the provisions of this article.

All planning, zoning, and subdivision matters relating to the platting, use and development of the Mixed-Use Overlay Zoning District and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the municipality, shall be determined and established by the Borough Council and the County Planning Commission, with the advice of the Borough Planning Commission.

The application for tentative approval shall be forwarded to the Borough's Planning Commission for their review and comments. The Borough's Planning Commission shall have 35 days, from the date of filing, to complete their review and make their recommendations to the governing body.

Public hearings.

Within 60 days after the filing of an application for tentative approval of a mixed-use development pursuant to this article, a public hearing pursuant to public notice of said application shall be held by the municipality in the manner prescribed in the Pennsylvania Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The governing body may continue the hearing from time to time, and where applicable, may refer the matter back to the Borough's Planning Commission for additional review, provided, however, that in any event, the public hearing or hearings shall be concluded within 30 days after the date of the first public hearing.

Findings.

The Borough Council, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communication, to the developer, either:

Grant tentative approval of the development plan as submitted;

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

Deny tentative approval to the development plan.

Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, the tentative approval is granted subject to conditions, the developer may, within 30 days after receiving a copy of the official written communication of the municipality to notify such governing body of his refusal to accept all said conditions, in which case, the municipality shall be deemed to have denied tentative approval of the development plan. In the event the developer does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:

In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the municipality;

The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

The purpose, location and amount of the common open space in the mixed-use development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment;

The relationship, beneficial or adverse, of the proposed Mixed-Use Overlay Zoning District to the neighborhood in which it is proposed to be established; and

In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the traditional neighborhood development in the integrity of the development plan.

In the event a development plan is granted tentative approval, with or without conditions, the Borough may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the developer, the time so established between grant of tentative approval and an application for final approval shall not be less than 12 months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

Status of plan after tentative approval.

The official written communication provided for in this article shall be certified by the Borough secretary and shall be filed in his office, and a certified copy shall be mailed to the developer. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map. The written communication shall be deemed effective upon mailing.

Tentative approval of a development plan shall not qualify a plat of the mixed-use development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the developer (and provided that the developer has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the developer, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the period of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the developer shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the developer shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Borough Secretary.

Application for final approval.

An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Borough's Zoning Officer, as well as the Mercer County Regional Planning Commission, within one year of the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, development agreement for applicable public improvements and such other requirements as may be specified by this chapter, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or the part thereof, submitted for final approval, shall not be required, provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. The submission shall be reviewed by the Zoning Officer and the Planning Commission for compliance prior to being forwarded to the Borough Council. This review is to take place in 35 days.

In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, by the Borough shall, within 45 days of such filing, grant such development plan final approval.

Plan containing variations from plan given tentative approval.

In the event the development plan as submitted contains variations from the development plan given tentative approval, the Borough may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the developer may either:

Refile his application for final approval without the variations objected; or

File a written request with the approving body that it hold a public hearing on his application for final approval.

If the developer wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the developer was advised that the development plan was not in substantial compliance. In the event the developer shall fail to take either of these alternative actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the developer, and the hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Borough shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this chapter.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Borough and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in § 508 of the Pennsylvania Municipalities Planning Code,[2] of said mixed-use development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the developer. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of § 513(a) of the Pennsylvania Municipalities Planning Code[3] and post financial security in accordance with § 509 of the Pennsylvania Municipalities Planning Code.[4]

Editor's Note: See 53 P.S. § 10508.

Editor's Note: See 53 P.S. § 10513(a).

Editor's Note: See 53 P.S. § 10509.

(5)

In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Borough in writing; or, in the event the developer shall fail to commence and carry out the mixed-use development in accordance with the time provisions stated in § 508 of the Pennsylvania Municipalities Planning Code[5] after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments.

Editor's Note: See 53 P.S. § 10508.

Relation of the mercer county regional planning commission to approval. Since subdivision activity in the Borough is regulated by the Mercer County Subdivision and Land Development Ordinance, all activity in the proposed Mixed-Use Overlay Zoning District related to the subdivision of the land and public or private improvements must be approved by the Mercer County Regional Planning Commission. The tentative and final plans must be submitted to the Mercer County Regional Planning Commission at the same time as the submission to the Borough, and MCRPC shall forward their decision to Borough Council before the sixty-day period after the public hearing expires. The decision on the mixed-use development by the Mercer County Regional Planning Commission is subject to the same conditions as specified for the Borough in this section. Approval of the development plan by MCRPC must be obtained for approval to be granted by the Borough Council.

§ 550-24 Contents of applications.

Application for tentative approval.

The application shall include documentation illustrating compliance with all of the standards of this article and the applicable provisions of the Mercer County Subdivision and Land Development Ordinance.

The application for tentative approval shall include the following:

All items required for a preliminary plan under the Mercer County Subdivision and Land Development Ordinance;

A site plan, showing the location of buildings and improvements to be installed. In addition to the requirements under the Mercer County Subdivision and Land Development Ordinance, this site plan shall include:

The total number of residential units proposed, with subtotals for each housing type;

The total acreage of the tract;

The average gross residential density;

The approximate location of all buildings, roads, parking areas, sidewalks or pathways, descriptions of the use of all structures, dimensions (including height) of all buildings and other structures;

The location, function, size, ownership and manner of maintenance of public space areas;

Easements or any other restrictions upon the use of land, buildings and structures, including proposed grants and/or easements for public utilities.

A statement showing all calculations to meet the requirements of this article, including the density, percentage of open space and calculation of parking requirements.

A narrative accompanying the site plan illustrating phasing, including a time schedule for all on-site and off-site improvements which shall be made, and the proposed times within which applications for final approval of all phases of the development are to be filed. The schedule must be updated periodically until the development is completed and accepted.

Application for final approval. The application for final approval shall include the following:

All items required for a final plan under the Mercer County Subdivision and Land Development Ordinance, including those items required for a final land development plan;

The exact location of all buildings, roads, parking areas, sidewalks, or pathways, descriptions of the use of all structures, dimensions (including height) of all buildings and other structures;

Proposed names of all streets (and alleys if necessary);

Front, side and rear setback lines for all streets and lots;

Accurate dimensions of common open space areas with exact location and dimensions of all structures to be situated within.

Architectural drawings illustrating exterior designs of all sides of typical residential buildings and of each nonresidential structure to be constructed, including statements and illustrations of materials to be used in construction.