A.
For the purposes of this chapter, Millersville Borough
is hereby divided into the following zoning districts, with the following
abbreviations:
[Amended 5-23-2023 by Ord. No. 2023-03]
|
P
|
Park District
| |
|
R1
|
Low-Density Residential District
| |
|
R1A
|
Residential/University District
| |
|
R2
|
Medium-Density Residential District
| |
|
R3
|
High-Density Residential District
| |
|
RP
|
Residential/Professional Office District
| |
|
NC
|
Neighborhood Commercial District
| |
|
GC
|
General Commercial District
| |
|
TN
|
Traditional Neighborhood District
|
B.
For the purposes of this chapter, the zoning districts named in Subsection A of this section shall be of the number, size, shape and location shown on the Official Zoning Map.[1] Any use of the abbreviations listed in Subsection A of this section shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
C.
Overlay districts. The floodplain area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts. The Historic Overlay District shall exist as described in § 380-30. The Downtown District shall serve as an overlay district and exist as described in § 380-30.1.
[Amended 5-24-2016 by Ord. No. 2016-03; 5-23-2023 by Ord. No. 2023-03]
D.
Purposes of each district. In addition to the overall
purposes and objectives of this chapter and the Comprehensive Plan,
the purposes of each zoning district are summarized below:
(1)
Park District: to permanently preserve public parks
for recreation by the community.
(2)
R1 Low-Density Residential District: to provide for
low-density residential neighborhoods that are primarily composed
of single-family detached dwellings; to protect these areas from incompatible
uses; to encourage owner-occupancy and neighborhood stability; to
promote traditional patterns of development, extending the best features
of older development into newer development; and to include the permanent
preservation of significant open space as part of larger new developments.
(3)
R1A Residential/University District: to provide for
residential uses, in addition to a range of higher education uses;
and to serve as the primary location in the Borough for housing of
university students.
(4)
R2 Medium-Density Residential District: to provide
for medium-density residential neighborhoods; to protect these areas
from incompatible uses; to encourage “one home on one lot" (which
may be attached to another home) in order to promote home ownership
and neighborhood stability; to make sure that infill development is
consistent with neighboring development; and to provide opportunities
for well-planned retirement housing.
(5)
R3 High-Density Residential District: to provide for
high-density residential neighborhoods with a mix of housing types;
and to protect these areas from incompatible uses.
(6)
RP Residential/Professional Office District: to provide
for a mix of homes, offices and related light business uses that will
reuse older buildings and be compatible with nearby homes; and to
prohibit heavier commercial uses that are most likely to cause demolition
and conflicts with homes.
(7)
NC Neighborhood Commercial District: to promote pedestrian-oriented
commercial activities; to promote an appropriate mix of retail, service,
office, public, institutional and residential uses; to avoid heavy
auto-related commercial uses that are most likely to conflict with
nearby homes and the pedestrian-orientation and which are most likely
to cause demolition of historic buildings; and to primarily provide
for smaller-scale uses that utilize existing historic buildings, as
opposed to uses that would involve substantial demolition.
(8)
GC General Commercial District: to provide for a wide
range of commercial uses, including auto-related uses that are prohibited
in other areas of the Borough; to provide for limited types of industrial
uses, while recognizing that there are no appropriate locations within
the Borough of Millersville for most types of industrial uses, because
of the proximity of homes to all areas of the Borough, the locations
of creeks and other important natural features, the importance of
preserving historic buildings, the congestion of the street system
and the very limited amounts of undeveloped land; and to carefully
control the types of industrial operations to avoid nuisances (such
as excessive noise) and hazards.
A.
The regulations set by this chapter shall apply uniformly
to each class of uses or structures within each district, except as
provided for in this chapter.
B.
No structure shall hereafter be erected, used, constructed,
reconstructed, demolished, razed, moved, placed, altered or occupied
and no land shall hereafter be used, developed or occupied unless
it is in conformity with the regulations herein specified for the
use and district in which it is located.
C.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
D.
Boundary change. Any territory which may hereafter
become part of the Borough through annexation or a boundary adjustment
shall be classified as the R1 Zoning District of Millersville Borough
until or unless such territory is otherwise classified by the Borough
Council.
A.
A map entitled "Millersville Borough Zoning Map" accompanies
this chapter and is declared a part of this chapter. The Official
Zoning Map, which should bear the adoption date of this chapter and
the words "Official Zoning Map," shall be retained in the Borough
Building.[1]
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
B.
Map changes. Changes to the boundaries and districts
of the Official Zoning Map shall only be made in conformity with the
amendment procedures specified in the Municipalities Planning Code.
All changes should be noted by date with a brief description of the
nature of the change, either on the map or within an appendix to this
chapter.
C.
Replacement map. If the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of changes
and additions, or needs to have drafting errors or omissions corrected,
the Borough Council may, by resolution, adopt a new copy of the Official
Zoning Map, which shall supersede the prior Official Zoning Map. Unless
the prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved, together
with all available records pertaining to its previous adoption or
amendment.
The following rules shall apply where uncertainty
exists as to boundaries of any district as shown on the Zoning Map:[1]
A.
District boundary lines are intended to follow or
be parallel to the center lines of street rights-of-way, creeks, railroads
and lot lines (according to official county records) as they existed
at the time of the adoption of this chapter, unless such district
boundary lines are fixed by dimensions as shown on the Official Zoning
Map.
B.
Where a district boundary is not fixed by dimensions
and where it approximately follows lot lines, such boundary shall
be construed to follow such lot lines, unless specifically shown otherwise.
C.
The location of a district boundary that divides a
lot shall be determined by the use of the scale appearing on the Zoning
Map, unless indicated otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum
lot area shall be regulated by the municipality in which the principal
use(s) is(are) located, unless otherwise provided by applicable case
law. The land area within each municipality shall be regulated by
the use regulations and other applicable regulations of each municipality.
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
A.
Intent. The intent is to continue the objective of
compatible land uses across municipal boundaries.
B.
This chapter requires additional setbacks and the
provision of buffer yards when certain uses would abut an existing
dwelling or a residential zoning district. These same additional setback
and buffer yard provisions shall be provided by uses proposed within
Millersville Borough regardless of whether such abutting existing
dwelling or primarily residential zoning district is located in an
abutting municipality and/or in Millersville.
A.
For the purposes of this § 380-27, the following abbreviations shall have the following meanings:
|
P =
|
Permitted by right use (zoning decision by Zoning
Officer)
| |
|
SE =
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Special exception use (zoning decision by Zoning
Hearing Board)
| |
|
C =
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Conditional use (zoning decision by Borough
Council)
| |
|
N =
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Not permitted
| |
|
(§ 380-34) =
|
See additional requirements in § 380-34
| |
|
(§ 380-35) =
|
See additional requirements in § 380-35
|
B.
Unless otherwise provided by law or specifically stated in this chapter (including § 380-6B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as allowed in the zoning district where the land or structure is located. Any use shall only be permitted if it complies with all other requirements of this chapter.
(2)
See § 380-6B, which generally provides a process for approval of a use that is not listed-based upon similarity to permitted uses and other criteria. Except as provided in such § 380-6B, any other principal use that is not specifically listed as "P," "C" or "SE" in the applicable district in this table is prohibited in that district.
C.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 380-35 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to communicate with their own vehicles. (See standard for each in § 380-35.)
(6)
Parking or loading, off-street, only to serve a use that is permitted in that district. (See standard for each in § 380-35.)
(7)
Recreational facilities, limited to use by residents of a development and their occasional invited guests. (See standard for each in § 380-35.)
(11)
Such other accessory use or structure that the
applicant proves to the satisfaction of the Zoning Officer is clearly
customary and incidental to a permitted-by-right, special exception
or conditional principal use.
D.
Permitted accessory uses to business and institutional
uses. The following are permitted-by-right accessory uses only to
a lawful principal commercial, industrial or institutional use, provided
that all requirements of this chapter are met:
[1]
Editor's Note: The Table of Permitted Uses by District, which consists of the Primarily Residential and Park Districts Table and the Primarily Nonresidential Districts Table, is included at the end of this chapter.
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more-restrictive requirement for a specific use is required by § 380-34 or 380-35 or another section of this chapter. All measurements shall be in feet, unless otherwise stated. See definitions of terms (such as “lot width”) in § 380-21.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
B.
Height. The following height provisions shall apply,
unless specifically stated otherwise for a specific use:
(1)
The maximum height for structures shall be 3.5 stories
or 40 feet, whichever is more restrictive, except as follows:
(a)
Structures that are accessory to dwellings shall
have a maximum height of two stories (with the top story limited to
nonhabitable storage areas) or 25 feet, whichever is more restrictive.
(c)
Within the R1A District, college or university
buildings may have a maximum height of nine stories or 100 feet, whichever
is more restrictive, provided that all portions of the building greater
than 40 feet in height are located a minimum of 200 feet from each
of the following:
C.
Additional provisions along Manor Avenue, North George
Street, West Charlotte Street, Prince Street and West Frederick Street.
(1)
This § 380-28C shall apply within the R1, NC, GC and RP Districts for any lot that is adjacent to any of the following streets: Manor Avenue, North George Street, West Charlotte Street, Prince Street or West Frederick Street.
(2)
Vehicle access. If an existing alley exists to the
rear or side of a lot, then any new driveway or vehicle garage for
a residential use shall utilize such alley for its vehicle access
as opposed to creating a new curb cut onto Manor Avenue, West Charlotte
Street, North George Street, West Frederick Street or Prince Street.
(a)
This Subsection C(2) shall not apply if PennDOT or the Borough Council specifically requires an alternative driveway location as a condition of subdivision, land development approval or highway occupancy permit approval.
(b)
Any new driveway along Manor Avenue or George
Street shall be designed to minimize interference with pedestrian
movements along the street.
(3)
New building placement. If a new principal building
is proposed on a lot that is adjacent to George, Charlotte, Manor,
Frederick or Prince Street, then the majority of the front wall of
such building shall have a front yard building setback that is not
more than 10 feet more than or less than the average setback of all
existing principal buildings on the same side of the block.
(a)
If a lot has four or more existing off-street
vehicle parking spaces between a principal building and the street,
the setback of that lot shall not be considered in calculating the
average setback.
(b)
No new off-street parking spaces shall be placed
between a new principal building and George, Charlotte, Manor, Frederick
and Prince Streets.
(4)
Parking setback. If three or more new off-street parking
spaces are proposed at least partially within 50 feet from George,
Charlotte, Manor, Frederick or Prince Streets, they shall be separated
from such streets by a planting area with a minimum width of 15 feet.
Such planting area shall include a mix of shrubs intended to have
a mature height of less than six feet and deciduous shade trees. Such
planting area may also include a decorative masonry wall or decorative
metal, vinyl or wood stockade fence with a maximum height of four
feet on the inside of the plantings. Such planting area shall only
be interrupted where necessary for an approximately perpendicular
driveway, where such driveway may be allowed.
(5)
Garage doors. No new vehicle garage doors or truck
loading docks located within 60 feet from the curbline of Manor, Charlotte,
George, Frederick or Prince Street shall face onto such street.
(6)
Any principal commercial building shall have a primary
pedestrian entrance and windows along George Street or Manor Avenue
if the building is adjacent to such street. If desired for security
purposes, the windows may be display windows or have curtains in front
of an interior wall, without the windows opening directly to the inside
of the building.
(7)
If a new principal building is constructed adjacent
to George Street or Manor Avenue, it shall have two or more aboveground
stories. If this height is not feasible, then the building shall be
constructed with an appearance of having two or more aboveground stories.
Such appearance may utilize parapet walls, fake windows and similar
design features.
[Amended 5-23-2023 by Ord. No. 2023-03]
A.
Purposes. This district is primarily intended to:
(1)
Encourage new development to occur in a manner that will be consistent
with the traditional patterns and scale of development and mix of
uses that occurred in Millersville Borough before 1946;
(2)
Promote a mix of diverse but compatible types of neighborhood development;
(3)
Avoid development that would be inconsistent with the character of
the community and could cause inefficient patterns of sprawled development;
(4)
Encourage a blending of recreation areas, preserved natural features,
compatible institutional uses, and a mix of housing at a medium density,
including housing intended to be affordable to middle-income persons;
(5)
Provide for reasonably safe and convenient pedestrian, bicycle and
vehicle circulation, with an emphasis on avoiding conflicts between
vehicles backing out of garages across sidewalks;
(6)
Encourage persons to live, work, shop, attend religious services
and enjoy recreation within the Borough;
(7)
Encourage the creation of a sense of place, feelings of belonging
and a community spirit that promotes social interaction and volunteerism;
(8)
Encourage the location of places of worship and other principal nonresidential
uses with distinguished architectural features at prominent locations
around a central commons, to serve as a focal point for the development;
and
(9)
Serve the purposes for Traditional Neighborhood Development (TND)
as listed in the Pennsylvania Municipalities Planning Code, as amended
(MPC).
B.
District. Under the authority of the MPC, any new principal use or
principal building within the TN District shall be in the form of
a TND, except that the land in the TN District may also be used for:
a) agricultural uses under the same regulations as would apply within
the R1 District; b) accessory uses that are customarily accessory
under the R1 District regulations; or c) publicly owned or publicly
operated recreation areas and facilities.
C.
Master Plan for a TND.
(1)
Before any lot is subdivided or zoning permit is issued for a new
principal use, the applicant shall submit an overall Master Plan for
conditional use approval. Such Master Plan shall plan at a concept
plan stage for all adjacent land owned, equitably owned or otherwise
controlled by the applicant, even if all of the land is not currently
proposed for development. If the applicant's land extends into
an adjacent municipality or zoning district, then it is requested
that the Master Plan also show such area to plan for a coordinated
road and infrastructure system.
(a)
If a TND exists, is proposed or has been approved on an adjacent
tract, then the Master Plan shall be coordinated with that adjacent
land.
(b)
The land for the TND shall be under control or equitable ownership
by a single entity at the time of approval of the Master Plan. However,
an individual phase of development may be constructed by a separate
entity, provided there is compliance with the Master Plan, and provided
that the phasing lines, timing of improvements, and responsibilities
to complete improvements by each entity are clearly defined and approved
under the Borough SALDO,[1] and provided that the applicant proves that each phase
will be able to properly function if later phases are not completed.
(2)
The overall Master Plan shall show proposed streets, alleys, cartway
widths, lots, common open spaces, recreation areas, major pedestrian
and bicycle pathways, parking areas, major detention basins and proposed
types of housing and nonresidential uses. The Master Plan is intended
to be similar in detail to what is commonly termed a "sketch plan."
The Master Plan is not required, for the purposes of these zoning
district regulations, to meet the minimum submission requirements
for a preliminary or final subdivision/land development plan, which
shall submitted later in the process.
(a)
An applicant may voluntarily submit a preliminary subdivision
or land development plan at the same time as a conditional use application
and thereby have the conditional use application be considered during
a time period that overlaps with review and approval of the subdivision
or land development plan.
(3)
The Master Plan and application for the traditional neighborhood development shall be reviewed by the Borough Planning Commission and require approval by the Borough Council as a conditional use. Once conditional use approval is granted for the traditional neighborhood development, then individual lots may be submitted for approval under Chapter 325, Subdivision and Land Development, and allowed uses may occur as permitted-by-right uses, provided that the lots and uses comply with the approved Master Plan.
(4)
Plan Revisions. If the Zoning Officer determines that a zoning or
subdivision application represents a significant divergence from the
approved Master Plan, then the differences in the Master Plan shall
need conditional use approval. However, the Zoning Officer may permit
minor deviations from the Master Plan, without needing a second conditional
use approval, if the applicant proves to the Zoning Officer that such
differences are minor changes that do not affect zoning ordinance
matters and do not adversely affect matters of public concern. Examples
of minor deviations include adjustments in street alignments and detention
basin designs to reflect more detailed engineering.
(5)
Other requirements. All other requirements of this chapter and other Borough ordinances shall apply within the TN District, except for provisions that are specifically modified by this § 380-29.
(6)
Traffic impact study. As part of any conditional use application
for a project that is expected to generate more than 500 additional
trips per day on public streets, a traffic impact study shall be provided
by the applicant at the time of conditional use submittal. The study
shall be completed by registered professional engineer with substantial
experience in transportation planning and traffic engineering. The
study shall estimate anticipated impacts upon levels of service of
adjacent streets from the proposed development, after considering
any improvements or mitigation measures that are proposed to be funded
by the applicant. The study shall also analyze traffic safety issues,
including crash data along adjacent streets. The study shall also
consider bicycle and pedestrian access. The traffic counts must be
conducted during weeks when Millersville University and Penn Manor
public schools are both in session. The traffic impact study shall
meet published standards of PennDOT for a traffic impact study that
would apply as if there was an application for a highway occupancy
permit.
D.
Overall requirements. Conditional use approval shall be granted for
a TND only if the applicant proves that the following minimum requirements
will be met, in addition to other applicable Borough requirements:
(1)
The Borough Council shall have the authority to determine whether
any preexisting stub streets will be extended into the new development,
or whether they will be limited to emergency vehicles, pedestrians
and bicyclists. Streets shall be interconnected within the development.
(a)
The development shall include a park that is open to the public during at least daylight hours (a "commons"), and that has at least one allowed nonresidential use facing onto the park. See Subsection F(2) below regarding the commons.
(b)
A cul-de-sac shall be permitted only where the applicant proves
that there are no feasible alternatives. Street linkages shall be
provided to allow connections with future phases of development or
adjacent undeveloped tracts. Where direct street access is not practical
between two areas, then the Borough Council may require the provision
of bicycle and pedestrian access using an easement.
(2)
A minimum of 60% of the principal residential buildings shall include
a front door accessing onto an unenclosed front porch with a minimum
depth of six feet and a minimum length of nine feet. Such porch shall
be covered by a permanent roof. Such porch shall not be enclosed along
the front or sides that are not abutting the walls of the dwelling,
but may include screening to keep out insects and movable blinds.
(3)
As a condition of conditional use approval, the applicant shall prove that proper site planning and architectural design will be used to minimize visual impact of garages and garage doors as viewed from the front of the lot. The placement of garages along rear or side alleys or to the rear of the lot with a side driveway is encouraged. A vehicle garage shall not be located with a setback from the front lot line that is more than five feet closer than the living quarters of the dwelling are located from the front lot line. On-street parallel parking may be approved along an alley under other provisions of this § 380-29.
(a)
Garage doors shall not make up more than 50% of the front street
level of the primary facade of a dwelling. A garage entering onto
the side of a dwelling shall be allowed, even if it faces a street.
(b)
If the Zoning Hearing Board should grant a variance to this Subsection D(3), then the minimum lot width should be required to be increased as a condition of the variance, to prevent the majority of the front yard from being covered by paving.
(c)
All streets and alleys shall have a right-of-way, whether public
or private.
(d)
See Subsection I of this section, which allows on-street parking to be counted towards off-street parking requirements. To the maximum extent feasible, vehicle parking, carports and garages shall be placed to the rear or side of lots, preferably with rear or side access. For example, the following alternative methods of providing parking are permitted and encouraged:
[1]
A rear landscaped shared parking court or shared carport structure;
[2]
Detached rear garages or rear individual parking pads or side-entry
garages accessed from alleys or side driveways, with such driveways
being of minimal width within the front yard;
[3]
Decks built extending over attached garage driveways; or
[4]
A landscaped shared parking court connected to a street, provided
that parked vehicles do not need to back out onto a through street,
and provided that all paving is set back a minimum of 25 feet from
any dwelling (other than a front porch).
(e)
If driveways pass through the front of the lot (such as to reach
detached rear garages), then it is encouraged to place driveways of
adjacent dwellings immediately adjacent to each other. This would
allow the driveway on each lot to be more narrow than would otherwise
be possible. However, each property owner shall still be responsible
for their own half of the driveway, and each half shall be wide enough
to allow a passenger car to travel on each lot.
(4)
No principal building shall have the appearance of a flat roof or
butterfly roof, as viewed from the street, except that a flat roof
may be approved as part of a conditional use approval for townhouses
or connected commercial buildings if the buildings have a decorative
cornice. Significant roof pitches and variations in rooflines are
specifically encouraged.
(5)
Sidewalks shall be provided along both sides of each street.
(7)
Commercial. Allowed commercial uses and their parking areas shall
occupy a maximum of 12% of the total land area of the TND. If a parking
area serves a mix of uses, the portion of the parking area that is
required to serve the commercial uses shall be counted within the
maximum commercial land area.
(8)
Perimeter setback. The only principal buildings that shall be located
within 150 feet from the lot line of a single-family detached dwelling
that existed as of January 1, 2022, shall be new single-family detached
dwellings. Any proposed new principal commercial building and its
parking area shall be setback a minimum of 250 feet from the lot line
of any single-family detached dwelling that existed as of January
1, 2022.
(9)
Any alleys shall be designed to discourage through traffic. All streets
and alleys, whether public or private, shall be constructed to the
same roadbed construction standards as would apply to a public street
within the Borough.
(a)
Alleys shall have a minimum paved width of 10 feet if serving
one-way traffic and 14 feet if serving two-way traffic. Additional
width shall be required if any parallel parking is provided. The right-of-way
for an alley shall be at least four feet wider than the cartway.
(b)
If the Borough does not agree in advance to accept dedication
of alleys, they shall be maintained by a legally binding homeowners'
association.
(10)
New streets shall be sufficient in width to allow on-street
parking along at least one side of each street and to provide room
for bicycle riding, unless a separate bicycle pathway is provided.
(11)
Any commercial uses that are developed should be located adjacent
to a central commons or other community focal point. One or more prominent
sites adjacent to the central commons should be proposed for a principal
nonresidential use. The conditional use approval for the TND may list
a range of allowed business uses within approved business areas, to
allow a developer with reasonable flexibility to attract different
uses.
(12)
Public transit. An applicant for a TND shall provide evidence
that he/she has contacted the provider of public transit services
and requested the provision of service to the development once it
is significantly complete. If public transit service is intended to
eventually be provided, the applicant shall show that provisions have
been made for convenient public transit stops and shelters. Any shelters
should also be designed to be suitable for use as school bus stops.
(13)
Streetlights. The applicant shall install streetlights meeting
minimum requirements of the Borough and the electric provider. Such
streetlights shall be of sturdy construction, decorative design, be
dark in color (such as black, dark gray or dark green), and have a
maximum total height of 25 feet.
(14)
The applicant shall establish legally enforceable provisions
controlling the styles of architecture, rooflines and the exterior
materials in such a manner as to replicate the best features of pre-1946
architecture. Such provisions shall be prepared by a registered architect
and be provided to the Borough in writing. At a minimum, such provisions
shall address front porches, roof pitches, restrictions on flat roofs
unless there is a decorative cornice, variations in rooflines, locations
of vehicle garages, and prohibitions on blank walls along a street.
Such provisions shall not be designed to require excessive uniformity
in design nor to restrict home purchasers to a single design, but
instead to encourage high-quality design with a consistent character.
A process shall be established by the applicant to enforce such provisions,
to approve reasonable modifications, and for the review of proposed
exterior architectural plans, such as by establishing a design committee.
(15)
The TND shall include a pedestrian and bicycle pathway system.
The pathway system shall connect common open spaces and other major
destinations.
(16)
The applicant shall provide evidence that there is sufficient
room for fire apparatus to negotiate the streets within the development.
This shall include showing that there is sufficient turning radii
for fire apparatus in locations where the trucks are likely to need
to turn. This requirement shall not apply to approved alleys.
E.
Allowed uses.
(1)
The following uses shall be allowed within an approved TND, provided
that all the uses are consistent with the overall Master Plan that
was granted conditional use:
(a)
Single-family detached dwellings.
(b)
Twin dwellings, side by side, with each dwelling on its own
fee-simple or condominium lot.
(c)
Townhouses, with each dwelling on its own fee-simple or condominium
lot.
(d)
Places of worship.
(e)
Public transit or school passenger shelters.
(f)
Libraries and museums.
(h)
Nursing home or assisted-living/personal-care center, which
shall not exceed 20% of the total tract area of the development.
(i)
Offices.
(j)
Meeting facility for a membership club.
(k)
Retail store with a maximum floor area per establishment of
5,000 square feet. Restaurant, brewpub, micro-distillery, urban winery,
meadery, art gallery, retail bakery, crafts or artisan's studio,
financial institution or personal service use, with each establishment
limited to a maximum floor area of 6,500 square feet. Storage areas
that are not accessible to customers shall not count towards the maximum
floor area. Drive-through facilities being prohibited in all cases.
(l)
Exercise club or bed-and-breakfast inn with a maximum of 20
guest rooms.
(m)
Apartment dwellings shall only be allowed on a floor above an
approved commercial use, within the same building. The number of apartment
dwellings shall be regulated within the total allowed density of the
tract.
(n)
Public recreation areas and facilities, a community center for
residents or the general public, or noncommercial recreation facilities
for the residents and their invited guests.
(o)
Live-work units meeting the requirements of § 380-34, provided that the locations of the live-work units shall be designated on the approved Master Plan.
(p)
An approved dwelling unit may be used as a group home, under
the same regulations as would apply within the R1 District.
(q)
Model homes for sales, which shall be designed to be eventually
used as regular dwellings, and a rental and management office.
(2)
The allowed business uses shall be clustered together in an arrangement
that is similar to a historic main street, with shared off-street
parking and with on-street parking. No outdoor business storage shall
be permitted.
F.
Common open space.
(1)
A minimum of 25% of the total lot area of the tract shall be permanently preserved as common open space. The common open space shall meet the definition of "open space, common" in § 380-21. This open space requirement shall be in place of any recreation land or fee requirements in Chapter 325, Subdivision and Land Development. A landscaping and tree preservation plan for the common open space shall be prepared by a registered landscape architect.
(2)
If a TND involves 30 or more dwelling units, then some or all of
the required common open space shall be provided within at least one
central commons.
(a)
Any required central commons shall have a minimum lot area of
0.5 acre. The majority of the central commons shall be planted so
as to eventually result in a canopy of deciduous trees over areas
of the commons that are not planned for active recreation.
(b)
Any required central commons shall have a minimum width and
minimum length of 60 feet.
(c)
The central commons shall include benches of durable construction
and pathways. Pathways should include decorative materials, such as
paving block or patterned concrete.
(3)
Stormwater detention basins and drainage channels shall not be used
to meet the minimum common open space requirements, except for areas
that the applicant proves to the satisfaction of the Borough Council
would be able to be attractively maintained and be reasonably dry
and usable for recreation during storms less severe than a five-year
storm. As part of the conditional use process, a stormwater retention
basin may be approved to be part of the required open space if the
applicant proves it will be designed to serve as an attractive scenic
feature with landscaping and pathways around it.
G.
Dimensional requirements. See bonuses permitted under Subsection G(9) below.
(5)
Maximum coverage for all uses,** per lot:
(a)
Maximum building coverage: 55%, except 80% for a townhouse lot.
(b)
Maximum impervious coverage: 70%, except 90% for a townhouse
lot. For every 500 square feet of horizontal building roof that is
covered by active solar panels or a vegetated green roof, the maximum
impervious coverage on that lot may be increased by 100 square feet.
(6)
Building setbacks for principal buildings** (along a street, minimum
yards shall be measured from the proposed right-of-way):
(a)
Front or side yard from a local street: minimum 10 feet; maximum
25 feet.
(b)
Front yard or side yard from a collector street: minimum 10
feet; maximum 30 feet.
(c)
Any yard from an arterial street: minimum 50 feet.
(d)
The minimum setback shall apply to the front of an unenclosed
front porch. The maximum setback shall apply to the front of the actual
enclosed principal building.
(e)
Side yards: minimum five feet each. Each twin dwelling unit
shall have one side yard, while a side yard shall be required for
each end townhouse unit. For a detached building, it is encouraged
to make one side yard wider than the other to allow wider use by the
residents of the larger side yard and/or to provide for a side driveway
to rear parking.
(f)
Rear yards: minimum 35 feet. However, if shown as part of the
approved subdivision plan creating the lot, then an attached or detached
garage may have a rear yard of five feet from an alley. This arrangement
may include a garage adjacent to an alley, with a breezeway or similar
structure connecting the dwelling to the garage, and with an outdoor
area between the dwelling and the garage.
(h)
For accessory structures: the provisions of the R2 District
shall apply.
(i)
Principal buildings fronting on the same block shall line up
to form a consistent
** NOTE: In place of individual fee-simple lots meeting these
dimensional requirements, an applicant may choose to utilize a condominium
form of ownership. In such case, the lots shall be laid out so that
the dimensional and coverage requirements would be met. However, the
actual lot lines do not need to be legally established.
(7)
Parking setback. No parking area of five or more spaces shall be
located within 30 feet from a contiguous lot line of an existing dwelling
on another lot that is outside of the TND.
(8)
Maximum overall density based upon buildable area. The maximum overall
density of the TND shall be determined as follows, as calculated in
acres (and decimals):
(a)
Start with the total land area of the development tract, after
deleting existing rights-of-way of existing streets.
(d)
Delete 25% of the area of lands with a natural slope of 15 to 24.9% slope from Subsection G(8)(b).
(f)
Multiply the resulting acreage by four dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.
NOTE: This method of calculating density does not require the
deletion of stormwater detention basins, shared parking areas, new
streets, new common recreation areas, new alleys or similar features.
Therefore, the actual density that could be achieved on a net piece
of land would be higher than four dwelling units per acre.
(9)
Density bonuses.
(a)
As an option to the applicant, the Borough Council, as part of the conditional use approval, may approve the following increases in the maximum density provided in Subsection G(8) above.
[1]
The maximum density may be increased by a maximum of one additional
dwelling unit per acre if the applicant agrees to restrict occupancy
of 100% of the dwelling units to at least one person age 55 and older,
and with no person under age 18 residing in the dwelling unit for
more than 30 total days in any calendar year.
[2]
The maximum density may be increased by a maximum of one additional dwelling unit per acre if the applicant proves to the satisfaction of the Borough Council that the architectural standards required by subsection D(15) above will result in an exceptional level of building, design and that additional standards will result in an exceptional level of community and streetscape design.
[3]
The maximum density may be increased by a maximum of one additional
dwelling unit per acre if the applicant commits to construct substantial
noncommercial recreation facility improvements, an indoor community
center and landscaping beyond the amounts of landscaping and improvements
that would otherwise be required. The market value of the additional
recreational improvements, community center and/or landscaping improvements
shall exceed a minimum of $20,000 per each additional dwelling unit
that is allowed. The recreation facilities and community center shall
at a minimum be available to all residents of the TND.
[4]
The maximum density may be increased by a maximum of one additional
dwelling unit per acre if the applicant agrees to commit to build
a new collector road as shown on the Comprehensive Plan that provides
an alternative route to Millersville University, as shown on the Borough
Comprehensive Plan Map. The exact alignment of the road may differ
from the Comprehensive Plan Map, provided that it serves the intended
purpose. The new road shall also be accompanied by a pedestrian and
bicycle trail that provides the same access.
[5]
In no case shall the density bonuses provided in this section result in a maximum density exceeding six dwelling units per acre of buildable area, based upon the calculation provided in Subsection G(8) above. However, such maximum density shall be increased to seven dwelling units per acre of buildable area for a TND located south of Cottage Avenue. If any of the density bonuses in this subsection G(9) are approved, then the following reductions in minimum lot areas shall be permitted:
H.
Landscaping and street trees. See § 380-58. A grass strip with a minimum width of five feet shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Borough. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping. A minimum of one deciduous street tree shall be required for an average of each 50 feet of street frontage. The site design of a traditional neighborhood development shall carefully consider and maximize the preservation of existing healthy attractive trees with a trunk width of six inches or more at a height of 3.5 feet above the ground level.
I.
Parking incentive. If a parking area is shared by three or more principal
business uses, the minimum number of parking spaces may be reduced
by 10%. As part of the conditional use process, the Borough Council
may allow further reductions in the required number of parking spaces
if the applicant proves that there will be different peak periods
of demand among the businesses and residences that share a parking
area. An applicant may meet a maximum of 50% of the off-street parking
space requirements for each abutting business or dwelling unit by
counting on-street spaces parallel to the curb along a local street
or along an alley. This provision shall be permitted only:
(1)
For spaces along the same side of a street along curb that is directly
contiguous to the set of lots being served, or a new alley within
a TND, and provided that the spaces are within 200 feet of each dwelling
or business they serve; and
(2)
If the applicant proves to the satisfaction of the Borough Council
that the street or alley would be sufficiently wide to allow the parking
and that there are no unusual safety hazards involved, compared to
typical on-street parking at other locations; and
(3)
If the applicant proves that such number of parking spaces could
be legally accommodated along the street or alley, considering the
locations of driveways, fire hydrants and street corners.
J.
Design controls. The applicant shall submit a written statement of
the proposed substance of deed restrictions or similar controls that
would affect matters addressed in this chapter.
K.
Association provisions. If applicable, a draft set of homeowners'
association or condominium association provisions shall be submitted
for legal acceptance by the Borough Solicitor prior to recording of
the final subdivision plan.
L.
Street standards. As authorized by the TND provisions of the MPC, the Borough Council shall have the authority to modify specific street requirements of Chapter 325, Subdivision and Land Development, to result in a development that is pedestrian-oriented and that promotes low-speed traffic.
(1)
For example, the Borough Council may approve reduced street cartway
widths, street right of-way widths and street curve radii.
(2)
The applicant shall submit a request for modifications in writing,
which shall state the reasons why the modification would be consistent
with the purposes for a traditional neighborhood development as stated
in this chapter and the MPC and would be in the public interest while
protecting public safety.
M.
Access controls. As part of the conditional use process, the applicant
shall prove that the development involves a fully coordinated interior
traffic access system that minimizes the number of streets and driveways
entering onto a state highway.
N.
Signs. For a development within the TN District, the following sign
requirements shall apply:
(1)
A live-work unit shall meet the sign requirements that would apply
within the RP District.
(2)
Areas approved for principal commercial uses shall meet the sign
requirements that would apply within the NC District.
(3)
All other areas and uses shall meet the sign requirements that would
apply within the R2 District.
[Amended 5-22-2012 by Ord. No. 2012-7]
A.
Purposes. In addition to serving the overall purposes of this chapter,
this Historic Preservation Overlay District is intended:
(1)
To promote the retention of community character through preservation
of the local heritage by recognition and protection of historic, cultural
and architectural resources;
(2)
To establish a clear process by which proposed changes affecting
properties of architectural significance and/or historic structures
are reviewed;
(3)
To mitigate the negative effects of proposed changes affecting historic
properties;
(4)
To encourage the continued use of historic properties and facilitate
their appropriate rehabilitation and adaptive reuse;
(5)
To encourage the preservation of historic streetscapes;
(6)
To discourage the demolition of historic resources;
(7)
To utilize historic preservation as a tool for economic revitalization,
to promote the general welfare, education, and culture of the Borough;
and
(8)
To implement the following sections of the Pennsylvania Municipalities
Planning Code: Section 603(g)(2), which states that "zoning ordinances
shall provide for protection of natural and historic features and
resources;" Section 604(1), which states that "the provisions of zoning
ordinances shall be designed to promote, protect and facilitate any
or all of the following: . . . preservation of the natural, scenic
and historic values. . .;" and Section 605(2)(vi), whereby uses and
structures at or near places having unique historical, architectural
or patriotic interest or value may be regulated.
B.
Applicability.
(1)
Boundaries. The Historic Preservation Overlay District shall be an
overlay district that overlaps and supplements underlying zoning districts.
The Historic Preservation Overlay District shall include each lot
containing an historic resource as shown on the Historic Preservation
Overlay District Map.[1] To aid in interpretation, an Historic Resource List has
also been prepared, which is available for review at Borough Hall.
(a)
All of the provisions of the applicable underlying zoning districts
shall continue to apply in addition to the provisions of this section.
In the event of a conflict between the provisions of the Historic
Preservation Overlay District and the underlying zoning district,
the provision that is most restrictive shall apply.
(b)
Should the boundaries of the Historic Preservation Overlay District
be revised as a result of legislative or administrative actions or
judicial decision, the underlying zoning requirements shall continue
to be applicable.
[1]
Editor's Note: The Historic Preservation Overlay District
Map is located at the end of this chapter.
(2)
Covenants and easements. It is not intended by this section to repeal,
abrogate or impair any existing easements, covenants or deed restrictions.
(3)
Historic Commission. The establishment, organization, functions and duties, and operating procedures of the Historic Commission are set forth in the Code of the Borough of Millersville, Chapter 49, Historic Commission. The Historic Commission review process is set forth in § 380-30E(6).
C.
Historic Preservation Overlay District Map.[2]
(1)
Identification.
(a)
The Millersville Borough Historic Preservation Overlay District
Map, adopted as part of this chapter, shows all lots within the Borough
that contain a building:
[1]
Listed in the National Register of Historic Places, individually
or as a contributing resource in a National Register Historic District;
[2]
Eligible to be listed in the National Register of Historic Places,
individually or as a contributing building in a National Register
Historic District; or
[3]
Identified as having local historical and/or architectural significance.
(c)
Buildings shall be identified on the Historic Preservation Overlay
District Map as follows:
[1]
Class I: denotes historic and/or architecturally significant
resources built prior to 1943 listed in the National Register of Historic
Places, or determined eligible to be listed individually in the National
Register of Historic Places.
[2]
Class II: denotes historic resources built prior to 1943 that
contribute to a Class I structure within a National Register Historic
District or determined eligible to be a National Register Historic
District or that have local historic and/or architectural significance.
Properties must contribute to an historic neighborhood.
[3]
Exceptions: Buildings constructed after December 31, 1942, may
be included in Class I or Class II and included on the Historic Preservation
Overlay District Map[4] if requested by the property owner and presented, with
appropriate information for consideration, before the Historic Commission
and, upon the Historic Commission's recommendation for acceptance,
is presented to the Millersville Borough Council for final approval.
[4]
Editor's Note: The Historic Preservation Overlay District
Map is located at the end of this chapter.
(2)
Compliance. A change to any Class I or Class II building shall occur
only when in compliance with the terms of this section and other applicable
regulations.
(3)
Revisions. The Historic Preservation Overlay District Map may be
revised from time to time by amendment of this chapter by the Borough
Council in accordance with the requirements of the MPC.[5]
(a)
Revisions are defined as additions, deletions, or changes of
classifications. Revisions do not include routine updating of base
map information.
[5]
Editor's Note: The Historic Preservation Overlay District
Map is located at the end of this chapter.
[2]
Editor's Note: The Historic Preservation Overlay District
Map is located at the end of this chapter.
D.
Demolition of buildings on historic properties.
(1)
General requirements. A Class I or Class II building shall not be demolished, removed or otherwise relocated unless a special exception approval has been granted under this § 380-30.
(2)
Application procedures. An applicant for a special exception to demolish a Class I or Class II building shall submit the required application fee and the required number of copies of the special exception application to the Zoning Officer, who shall forward a copy of the application to the Historic Commission for its review and comment. In addition to the requirements in § 380-4D of this chapter, the application shall include the following:
(b)
A report from a structural engineer describing the structural
condition of the building proposed to be demolished, removed or relocated.
(d)
Documentation of any effort to sell the property, when applicable.
(e)
Recent interior and exterior 35 mm photographs of the building
proposed for demolition, removal or relocation.
(f)
Proposed disposition of salvageable material.
(g)
Time line for implementation of the proposed use for the property.
(h)
Ownership history of the property.
(i)
Assessed value of the land and improvements thereon.
(j)
Certified property appraisal.
(3)
The applicant shall provide evidence that:
(a)
There is no feasibility to continue the current use.
(b)
Other uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses,
have been denied or are not feasible due to constraints on the building
proposed to be demolished, removed or relocated from the property.
(c)
Adaptive use opportunities do not exist due to constraints related
to the building proposed to be demolished, removed or relocated or
the lot on which it is located.
(d)
The proposed new building, structure or use of the property
will not adversely affect the historic character or architectural
integrity of the neighboring historic properties, the neighborhood,
or the community.
(e)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration
or similar physical action.
(4)
A permit for the proposed demolition, removal or relocation of any
Class I or Class II building shall not be issued prior to, and where
applicable:
E.
Alterations, additions, reconstruction and rehabilitation.
(1)
General requirements.
(a)
No permits for alterations, additions, reconstruction or rehabilitation,
visible from a public street, involving Class I or Class II buildings
shall be issued by the Zoning Officer prior to review and recommendations
by the Historic Commission.
(b)
ALTERATION
ARCHITECTURAL FEATURE OF SIGNIFICANCE
CONTRIBUTE TO
Definitions. The definition of terms not specifically defined
in this section or this chapter shall be the definition contained
in the International Building Code or its successor.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the means of egress; or
an enlargement, whether by extending on a side or by increasing in
height or depth; or the moving from one location or position to another.
Those features of a building which denote a period of time,
a cultural identity, or an architectural style.
A resource identified as "contribute to" or "contributing
to" an existing or eligible National Register Historic District offers
features that may have been contemporary in time or compatible in
style or existing in the still existing streetscape of a pre-1943
neighborhood. Typically an historic resource adjoins other Class I
or Class II properties.
(2)
No review shall be required for repairs or maintenance of any building,
structure or grounds, provided that such repairs do not remove or
alter architectural features of significance, nor change the use or
otherwise violate the provisions of this section.
(3)
Standards for alterations, additions, reconstruction and rehabilitation.
Any proposed alteration, addition, reconstruction or rehabilitation
of an historic property shall be in substantial compliance with the
Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings, published by the United States
Department of the Interior, National Park Service. These 10 standards
are reprinted in their entirety below:
(a)
A property will be used as it was historically or be given a
new use that requires minimal change to its distinctive materials,
features, spaces and spatial relationships.
(b)
The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationships that characterize a property will be avoided.
(c)
Each property will be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken.
(d)
Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(e)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(f)
Deteriorated historic features will be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
(g)
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historic materials will not be used.
(h)
Archeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
(i)
New additions, exterior alterations, or related new construction
will not destroy historic materials, features, and spatial relationships
that characterize the property. The new work shall be differentiated
from the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of
the property and its environment.
(j)
New additions and adjacent or related new construction will
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
(4)
Application procedures.
(a)
Applications for any proposed alteration, addition, reconstruction or rehabilitation of a Class I or Class II building shall comply with the provisions in this section in addition to the provisions found in § 380-4, Permits and certificates. The completed application shall be submitted to the Zoning Officer and shall include:
[1]
A written description of the proposed alteration, addition,
reconstruction or rehabilitation; and, where applicable:
[2]
A site plan at a scale designated by the Zoning Officer;
[3]
Schematic architectural drawings of the proposed construction
or alterations;
[4]
Materials list and disposition of existing materials.
(5)
Administrative review. Permits for the activities listed below may
be issued by the Zoning Officer without review by the Historic Commission.
(6)
Historic Commission review.
(a)
Completed applications for demolition of buildings or applications
for alterations, additions, reconstruction and rehabilitation of Class
I or Class II buildings must be received at least seven business days
before the next regularly scheduled meeting of the Historic Commission
in order to be placed on the agenda for review at that meeting. Incomplete
applications shall not be accepted.
(b)
Applicant notification. At the time the completed application
is submitted, the applicant will be notified of the date, time and
place at which the Historic Commission will review the application.
The applicant or his or her appointed representative is required to
attend to explain the application and satisfy any questions asked
by the Historic Commission.
(c)
Criteria for deliberation. The Historic Commission shall use the Secretary of the Interior's Standards for Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, hereinafter referred to as "Standards," and which appear in § 380-30E(3). Any proposed work requiring a permit shall be in substantial compliance with the Standards.
(d)
Criteria for demolition of Class I or Class II buildings deliberation. The Historic Commission shall use the application requirements which appear in § 380-30D. These requirements must be addressed by the applicant in a written report submitted to the Historic Commission.
(f)
The Historic Commission's recommendations shall be in writing
and shall include findings of fact related to the specific proposal
and shall set forth the reasons for the recommendation for approval,
with or without conditions, or for denial.
(g)
The Zoning Officer shall review the recommendations of the Historic
Commission and shall take action upon the permit application in accordance
with the provisions of this chapter and the Municipalities Planning
Code[8] and within the time limits of this chapter and applicable
statutes.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Modification to area and bulk regulations. The subdivision of a lot
designated on the Historic Preservation Overlay District Map[9] shall be accomplished in such a manner that the resulting
lot(s) are of adequate size and configuration to preserve the integrity
of the setting of the resource.
[9]
Editor's Note: The Historic Preservation Overlay District
Map is located at the end of this chapter.
[Added 5-24-2016 by Ord.
No. 2016-03]
A.
Purposes. The Downtown District provides an option to developers
that is intended to:
(1)
Encourage new traditional mixed-use downtown development to
occur at the Manor-Leaman crossroads area that is consistent with
historic small town development patterns and provides a scale and
mix of uses appropriate for Millersville Borough;
(2)
Promote market-driven, mixed land uses compatible with the adjacent
residential neighborhoods, as well as the nonresidential uses along
the Manor Avenue gateway;
(3)
Provide for efficient pedestrian, bicycle and vehicular circulation,
with an emphasis on avoiding automobile-centric sprawling commercial
development; and
(4)
Break down the rigid use categories of traditional Euclidean
zoning to build places of enduring value that allow a variety of market-driven
housing types, a variety of uses and services, and a variety of transportation
options.
B.
BOUTIQUE HOTEL
BUILD-TO-LINE
BUILD-TO-ZONE
DOWNTOWN DISTRICT DEVELOPMENT
FRONTAGE OCCUPANCY
FRONTAGE, PRIMARY
FRONTAGE, PRIVATE
FRONTAGE, PUBLIC
FRONTAGE, SITE
FRONTAGE, TRANSITION ZONE
LANDSCAPE AND FURNISHING ZONE
LIGHTWELL
LINER BUILDING
MIXED-USE
PARAPET LINE
PARKING STRUCTURE
PEDESTRIAN CLEARWAY
PEDESTRIANWAY
PUBLIC CIVIC SPACE
PRIVATE OPEN SPACE
PRINCIPAL BUILDING
PRINCIPAL ENTRANCE
PRIVATE FRONTAGE
STOREFRONT
STORY
STREET, PUBLIC
STREET, PRIVATE
STREET WALL
TRAVELED WAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
A hotel containing fewer than 50 guest rooms and designed
and constructed to be consistent with the building and form standards
of this section.
A line parallel to the street right-of-way which defines
the portion of the build-to-zone closest to a street.
The portion of a lot where all or part of the front building
facade is required to be located between the build-to-line and a line
parallel to the build-to-line within the lot.
A development of land that conforms to § 380-30.1 and is located within the DD Downtown District Overlay Zone.
The percentage of the site frontage that must be occupied
by a building facade for a specified minimum height and built within
the build-to-zone.
Frontage facing the street type with the highest designation.
The area within a site between the build-to-line and a line
parallel to it that is 20 feet behind the build-to-line. Private frontage
may be in private or public ownership depending upon the ownership
of the site on which it is located, but it is not located within the
public right-of-way.
The area located between the face of curb and the build-to-line
as defined by the Zoning Standards Map and corresponding street type
or civic space designations.
The total length of a site fronting on one or more streets,
measured in linear feet at the build-to-line.
The portion of the public frontage between the build-to-line
and the pedestrian clearway, allowing for building fixtures (e.g.,
lighting, signage, projected architectural moldings), movable planters,
and signage boards.
The area of sidewalk where placement of street furniture
and landscaping is allowed.
A private frontage type that has a below-grade entrance or
recess designed to allow light into basements.
A building designed to screen a parking lot or parking structure
from a build-to-zone, street or civic space.[2]
A building or site designed for and containing more than
one of the uses listed on the use table.
A continuous horizontal projection for most of a facade.
The parapet, like the eave line, can be a designated location for
measure of building height.
A building containing one or more stories of parking above
grade.
An area within the sidewalk that must remain clear of obstructions
to allow public passage. (See frontage type specifications for required
width.)
An outdoor pedestrian walkway providing common access between
buildings, streets, civic spaces and parking areas, which may be open
or roofed.
An area of common open space as defined further in § 380-21, accessible by the public, immediately adjacent to and contiguous with a public frontage in the form of a square, green, plaza or pocket park, which may include land within 20 feet of a building, provided that these areas offer hardscape surfaces, sitting areas, or dining areas designed for regular use.
An area of common open space, as defined further in § 380-21, accessible by the public.
The primary and largest building on a lot, usually located
toward the primary frontage.
The main point of access for pedestrians into a building.
See "frontage, private."
A private frontage type primarily for retail use, with substantial
glazing, wherein the facade is aligned close to the front lot line
with the building entrance at sidewalk grade.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
An intermediate floor between the floor and ceiling of any story,
and covering less than 1/3 of the floor area immediately below the
intermediate floor shall be considered a mezzanine, which shall not
be counted as a story.
The public right-of-way, encompassing the traveled way and
the public frontage on either side of the traveled way, bounded by
build-to-lines or lot lines on both sides of the public right-of-way.
A traveled public way and the public frontage on either side
of the traveled way, bounded by build-to-lines or lot lines on both
sides, but not dedicated to the municipality, and privately maintained
by the property owner.
The wall of a building and the series of building walls aligned
along a sidewalk at a specified minimum height, facing a street to
form an uninterrupted pedestrian experience of street enclosure and
walkability. Fences, walls and hedges can be counted as street walls
for up to 20% of the required minimum frontage.
The portion of a street between the curbs and available for
use by vehicles, bicycles and other forms of transportation.
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C.
Overlay District. The Downtown District shall be an overlay zoning district to the existing zoning districts. An alternative set of dimensional, use, and regulatory standards shall apply to Downtown District developments providing design, site layout, and general performance standards for new development that allows better market flexibility. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 380-30.1 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the Downtown District provisions, procedures and requirements. Where there may be a direct conflict between two different ordinance provisions, then the more restrictive requirement upon development and uses shall apply.
D.
Downtown District development.
(1)
Sketch plan required. The applicant for a Downtown District
development under this section shall submit a sketch plan for the
project prior to formal land development plan submission. Such sketch
plan shall include all land owned, equitably owned or otherwise controlled
by the applicant and all improvements proposed, whether initially
or as phased.
(2)
If an existing Downtown District development exists adjacent
to the subject parcel or is proposed or has been approved on an adjacent
tract or across a public way, then the sketch plan shall be coordinated
with that adjacent land use plan, whether existing or proposed.
(3)
The sketch plan shall show proposed streets, alleys, cartway
widths, lots, common open spaces, pedestrian and bicycle pathways,
parking areas, stromwater management facilities, and proposed types
of housing and nonresidential uses, and it shall be consistent with
the regulating plan. The sketch plan is not required, for the purposes
of these zoning district regulations, to meet the minimum submission
requirements for a preliminary or final subdivision/land development
plan.
(4)
An applicant may not submit a preliminary subdivision or land
development plan until the sketch plan has been reviewed by the Planning
Commission and Borough Council, and written comments, if any, are
received from these bodies. The preliminary land development plan
may be submitted 30 calendar days after the meeting of the Borough
Council whereby the sketch plan of the Downtown District development
was on the agenda for discussion.
E.
Regulating plan. The regulating plan (Appendix R) defines the important
subareas within the overlay district and specifies performance and
dimensional standards relating to building form and use to achieve
the purposes of this chapter. The regulating plan adopted herewith
shall have the same force and effect as the overall Millersville Zoning
Map as it applies to overlay district areas. The regulating plan creates
the following subareas with specific standards relating to buildings
and improvements in these subzones:
F.
Boundaries of regulating plan areas. To enable flexibility and good
site design, buildings constructed as part of a Downtown District
development may be built across the boundaries of the regulating plan
areas, provided that they comply with the design, dimensional and
form standards of the area where that portion of the building is located.
G.
Overall requirements. Land development approval shall be granted
for a form-based development only if the applicant proves that the
following minimum requirements will be met, in addition to other applicable
Borough requirements.
(1)
Street standards. In accordance with the Municipalities Planning
Code, Borough Council shall have the authority to grant waivers for
street requirements of the subdivision and land development, such
as reduced street cartway widths, street right-of-way widths and street
curve radii, when properly justified by the applicant and to result
in a development that is pedestrian-oriented and that promotes low-speed
traffic. Street standards provisions of this Zoning chapter may be
modified by special exception granted by the Zoning Hearing Board.
(2)
Access controls. As part of the land development process, the
applicant shall prove that the development involves a fully coordinated
interior traffic access system that minimizes the number of streets
and driveways entering onto a state or Borough-owned road.
(3)
General development standards.
(a)
General principles and intent.
[1]
The regulating plan should be used to guide the
placement of buildings and thoroughfares to create connected networks
of streets, sidewalks, civic spaces and pedestrianways.
[2]
The regulating plan zone areas establish a transect
of community patterns designed to respect and guide the building forms
and the landscape character of this district, from the rural landscapes
on the edge of the Borough to Victorian single-family homes along
Manor Avenue to the downtown crossroads at the intersection of Manor
Avenue and Leaman Avenue.
[3]
Buildings and landscaping should be designed to
create a sense of enclosure for both streets and civic spaces as places
for pedestrian experiences at the human scale.
[4]
Building frontages should be designed with the
pedestrian in mind to integrate traveled ways, on-street parking,
a landscaped and furnishing zone, a pedestrian clearway and a transition
zone to meet active building frontages that typically include signage,
seating areas, and storefronts.
[5]
Development should be designed to accommodate automobiles
while respecting the pedestrian and spatial form of civic places.
(b)
Minimum standards.
[1]
Build-to-lines and build-to-zones. The regulating
plan establishes build-to-lines and build-to-zones to establish a
continuous street wall consistent with the desired settlement pattern
for this downtown mixed-use and commercial area.
[2]
All new buildings located with Zones A, C and D
shall place the front building wall within the build-to-zone, but
no closer to the street than the build-to-line, except where a public
civic space is designated to permit a greater setback along a portion
of the frontage.
(c)
Minimum building occupancy frontages.
[1]
All buildings located within the private frontage
area of a lot on Manor Avenue shall occupy no less than 60% of the
site frontage on Manor Avenue with buildings, unless an approved public
civic space is designated on that frontage.
(d)
Private open spaces.
[1]
A minimum of 20% of the total lot area of the development tract shall be permanently preserved as common open space in the form of public squares, pocket parks, civic greens, commons or town squares. The common open space shall meet the definition of "open space, common" in § 380-21. This requirement shall be in place of any recreation land or fee requirements in Chapter 325, Subdivision and Land Development. Stormwater detention basins and drainage channels shall not be used to meet the minimum common open space requirements. The civic greens and square shall include landscaping, benches and pathways. Pathways should include decorative paving materials such as brick, stone, paving block or patterned concrete.
(e)
Public civic spaces.
[1]
Where a development provides public civic spaces
fronting on Manor Avenue, the twenty-percent common open space requirement
may be fulfilled by providing public civic spaces in the form of squares,
greens and pocket parks at a ratio of two square feet of public civic
space in exchange for every one square foot of private open space
provided. Under no circumstance can the minimum frontage occupancy
fall below 40% on Manor Avenue, nor may the public civic space be
greater than a proportion of 3:1 to receive this open space incentive.
[2]
Shown below are examples of Public Civic Spaces
adjacent to the Manor Avenue Public Frontage. Examples include:
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(f)
Streetscape design standards.
[1]
Sidewalks. There are three potential zones within
the area broadly defined as public sidewalk. These are the edge, throughway,
and build-to-zones. In all cases, sidewalks shall be designed to comply
with the Americans with Disabilities Act Accessibility Guidelines
(ADAAG) and Public Rights-of-Way Accessibility Guidelines (PROWAG).
[a]
The edge zone is adjacent to the curb and includes
typical street elements, such as traffic control devices and signs,
parking meters, streetlights, and often a curb lawn or verge which
is a landscape or turf strip between the curb and throughway. In many
locations, street trees are to be placed in the continuous verge strip,
or tree pits can be provided if the edge zone is paved. This area
can also provide an additional furnishing zone where street amenities,
such as benches, trash cans, clocks and other improvements, can be
located.
[b]
The throughway is the clear uninterrupted pedestrian
passage across the frontage. It typically has a minimum width of five
feet, although often is as wide as 10 feet or more.
[c]
The build-to-zone is occupied by building facades
along a minimum specified percentage of the street frontage as required
elsewhere in this section. Where there are voids due to horizontal
modulation in the footprint of a front building wall, pedestrian spaces
and wider sidewalks are possible, including areas for sidewalk dining
and retail merchandise display. Benches and seating can also be located
in this zone.
[2]
Street furniture. Public amenities such as ornamental
benches, trash cans, clocks and bollards, when located in and adjacent
to the public sidewalks, improve pedestrian comfort, convenience and
safety. Developments constructed under this section shall provide
one linear foot of public seating bench, located along the public
frontages, for every 2,000 square feet of residential or nonresidential
gross square footage.
[3]
Landscaping. The landscaping provisions of § 380-58 shall apply to all Downtown District developments. Projects should incorporate a combination of trees, shrubs, and groundcovers into landscaping plans with emphasis on use of native and indigenous plants. Landscaping should complement the overall design theme through the careful use of flower and leaf color and texture, plant forms and plant masses. Landscaping in selected commercial areas can be accented with lighting features that convey a sense of security and enhance aesthetics. Trees and shrubs should be located and spaced to allow for mature and long-term growth, and they should be selected to minimize root conflicts with adjacent paved areas. Street trees shall be planted at appropriate intervals, but no less than 40 feet apart. Plant materials specified for the pedestrian realm and the public open space areas are subject to Borough approval. Walkways should be provided along the predominant paths of likely travel through landscaped areas to protect plants from foot traffic and soil compaction.
(g)
Lighting. The elements of the streetscape that need specific
types of lighting are: vehicular, sidewalk and parking. As part of
the land development plan submission, a detailed photometric study
shall be performed to confirm even and consistent minimum lighting
levels without hot spots or dark areas, and to determine the appropriate
height, wattage, and spacing of each light within a streetscape project.
[1]
Vehicular. On average, public streets should be
illuminated to about 2.5 footcandles minimum and four footcandles
maximum. This increases to about five footcandles minimum and seven
footcandles maximum at intersections. Cut-off and semi-cut-off fixtures
shall be employed to reduce glare and unwanted spillover onto nearby
properties. Fixtures shall be LED-type, provided that those dedicated
to the Borough as a public improvement shall be of the type, style
and wattage specified by the municipality.
[2]
Pedestrian. Sidewalks should be illuminated to
about 1.5 footcandles average, and three footcandles maximum. The
height of pedestrian lighting is essential for perceived safety as
the illumination of the faces of other pedestrians has been shown
in studies to be an important factor in security design. Therefore
the height, spacing and fixture types are important to a successful
sidewalk illumination design. Generally, pedestrian area fixtures
should be no taller than 12 feet, be of lower wattage, and be spaced
no farther than 50 feet to 100 feet horizontally. The luminaires should
broadcast a consistent flood pattern along the walking routes.
[3]
Parking. Off-street parking lots should be illuminated
to approximately one footcandle to two footcandles average. Light
pole height should be a maximum of 16 feet and designed with cut-off
type fixtures to reduce unwanted glare, light pollution, and skyglow.
[4]
The Zoning Hearing Board may grant by special exception
modifications to any of the lighting levels outlined above to facilitate
good design and appropriate lighting for specific site conditions.
(h)
Bicycle standards:
[2]
Bicycle parking. Provide bicycle parking and storage
capacity according to the following:
[a]
Multi-unit residential: Provide at least 0.5 bicycle
covered storage space per unit. Provide secure visitor bicycle racks
on-site, with at least one bicycle space per 10 dwelling units, but
no fewer than four spaces per project site.
[b]
Retail: Provide at least one secure, covered bicycle
storage space for 10% of retail workers planned occupancy. Provide
visitor/customer bicycle racks on-site, with at least one bicycle
space per 5,000 square feet of retail space, but no fewer than one
bicycle space per business or four bicycle spaces per project site.
Provide at least one on-site shower with changing facility for any
single business or leasehold with 100 or more planned workers.
[c]
Nonresidential other than retail: Provide at least
one secure, covered bicycle storage space for 10% of planned occupancy.
Provide visitor bicycle racks on-site with at least one bicycle space
per 10,000 square feet of commercial nonretail space, but not fewer
than four bicycle spaces per building.
(i)
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of Chapter 325, Subdivision and Land Development.
[1]
Buffer yard width, when required shall have a minimum
width of six feet.
[2]
Buffer yard to be provided by the following:
[a]
When the use providing the screening and buffer
is:
[i]
Abutting an occupied existing primarily residential
use, regardless of whether the dwelling is within a residential district;
[ii]
An area of four or more new off-street parking
spaces;
[iii]
Outdoor storage or loading area; or
[iv]
Area routinely used for the overnight parking
of two or more commercial trucks.
[3]
Location of buffer yards.
[a]
The buffer yard shall be measured from the overlay
district boundary line, Downtown District development lot line, or
street right-of-way line, whichever is applicable.
[b]
Plants needed for the visual screen shall not be
placed within an existing street right-of-way. However, deciduous
trees may be permitted by the Borough to be placed within a street
right-of-way.
[c]
The buffer yard may include areas within a required
front, side or rear yard or setback area, provided that the larger
yard requirement shall apply in case of overlap.
[d]
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicle parking or display.
[4]
Fence. Any fence in a buffer yard shall be placed
on the inside of any required plant screening.
[5]
Plant screen.
[a]
Each buffer yard shall include a planting screen
of trees or shrubs extending the length of the lot line.
[b]
Each planting screen shall meet the following requirements:
[i]
Plant materials needed to form the visual screen
shall have a minimum height when planted of three feet. An initial
height of two feet may be used where a parking area is intended to
be visible from a street for security purposes. In addition, an average
of one deciduous shade tree, with a minimum trunk diameter of 2.5
inches measured six inches above the ground level, shall be placed
for each 60 feet of length of the buffer yard. The shade trees may
be clustered or spaced unevenly. Where street trees are approved and
provided in the right-of-way, or healthy existing trees will be preserved,
those trees may serve in place of this shade tree requirement.
[ii]
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce, within five years, a mostly solid year-round visual screen.
However, where appropriate to provide security and oversight of a
parking area from a street, species of plants shall be used that have
a shorter mature height, and such plants should be trimmed to a maximum
height of three to four feet.
[iii]
The plant screen shall be placed so that, at
maturity, the plants will not obstruct a street or sidewalk.
[iv]
The plant visual screen shall be interrupted only
at approved points of approximately perpendicular vehicle or pedestrian
ingress and egress to the lot, at locations necessary to comply with
safe sight distance requirements, and at locations needed to meet
other specific state, Borough and utility requirements.
[v]
American arborvitae and similar weak-stem plants
shall not be used to meet the buffer yard requirements. If more than
20 evergreen plants are proposed, no more than 50% shall be of one
species.
[vi]
Where space allows, evergreen trees should be
planted at diagonal offsets so that there is room for future growth
of the trees.
[6]
Architectural standards. The buildings in the Downtown
District development shall relate to the context and fabric of existing
places in Millersville Borough and typically found within the older
downtown building types in Pennsylvania boroughs. The size, mix, proportion
and form of buildings shall emulate the heritage character of these
traditional downtown areas as specified herein. All buildings shall
have vertical and horizontal modulation and articulation reflecting
the traditional streetscape building spacing and dimensional variations
of typical Pennsylvania boroughs, including:
[a]
Horizontal building modulation. Building facades
shall conform to the following standards:
[i]
The maximum width (as measured horizontally along
the building exterior) without building modulation shall be 60 feet.
[ii]
The minimum depth of modulation shall be the greater
of six feet or not less than 0.2 multiplied by the height of the structure
(finish grade to top of wall). The minimum width of modulation shall
be 15 feet. When the principal use of the building is for the parking
of motor vehicles, the depth of such modulation shall be a minimum
of 3.5 feet. No modulations shall be required on a wall of a parking
facility which does not front on a public street.
[iii]
Roof decks or balconies may be used as all or
part of the building modulation.
[iv]
The requirements of the horizontal building modulation
subsection shall be considered satisfied if existing building facades
of existing adjacent structures are preserved and incorporated into
the proposed building.
[b]
Modulated roofline. Roofs are a design element
and should relate to the building facade articulations. The roofline
of all facades visible from a street or public park, or open space
shall be modulated according to the following standards:
[i]
For permitted flat roofs or facades with a horizontal
eave, fascia, or parapet: change roofline so that no unmodulated segment
of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation
is the greater of two feet or 0.1 multiplied by the wall height (finish
grade to top of wall).
[ii]
For gable, hipped, or shed roofs: a minimum slope
of five feet vertical to 12 feet horizontal.
[iii]
Other roof forms, such as arched, vaulted, dormer,
or saw-toothed, may satisfy this design principle if the individual
segments of the roof with no change in slope or discontinuity are
less than 60 feet in width (measured horizontally).
[c]
Building articulation shall be accomplished with
design elements such as the following, so long as the articulation
interval does not exceed 60 feet.
[i]
Repeating distinctive window patterns at intervals
less than the articulation interval.
[ii]
Providing a balcony or bay window for each articulation
interval.
[iii]
Changing the roofline by alternating dormers,
stepped roofs, gables, or other roof elements to reinforce the modulation
or articulation interval.
[iv]
Changing materials with a change in building plane.
[v]
Providing lighting fixtures, trellis, tree, or
other landscape feature within each interval.
[d]
Vertical articulation. To moderate the vertical
scale of buildings, the design shall include techniques to clearly
define the building's top, middle and bottom. The following techniques
are suggested methods of achieving vertical articulation:
[i]
Top: sloped roofs, strong eave lines, cornice treatments,
horizontal trellises, etc.
[ii]
Middle: windows, balconies, material changes,
railings and similar treatments that unify the building design.
[iii]
Bottom: pedestrian-oriented fronts, pedestrian
scale building details, awnings, and arcades.
[iv]
Where appropriate, the applicant shall coordinate
the horizontal elements (i.e., cornices, window lines, arcades, etc.)
in a pattern and height to reflect similar elements on neighboring
buildings that exhibit the Borough's desired scale and character.
[e]
Materials. Building exteriors shall be constructed
from high-quality, durable materials. Preferred exterior building
materials that reflect the Borough's desired traditional downtown
street character are as follows:
[i]
Masonry, including brick and stone.
[ii]
Cast stone or tile.
[iii]
Wood or cementicous (Hardiplank or equal) horizontal
clapboard or vertical board and batten siding. No vinyl or other artificial
siding materials are permitted along street frontages and public ways,
but may be permitted by Borough Council on a case-by-case basis on
architecturally subordinate facades.
[iv]
All other materials subject to approval by Borough
Council.
[v]
If concrete or concrete blocks (concrete masonry
units) are used for walls that are visible from a street, public park
or open space or pedestrian route, then the concrete or concrete block
construction must be architecturally treated in one or more of following
ways:
[f]
Fenestration. The arrangement, proportion and design
of windows and doors (fenestration) shall conform to the following:
[i]
The height to width ratio of single openings and
group openings are to be proportionately scaled to the wall.
[ii]
Door and window details and trim suitably scaled
to the wall.
[iii]
Reduce large expanses of glass used in windows
and doors to smaller component windows reminiscent of traditional
main street vernacular when adjacent to existing buildings, sidewalks
or other pedestrian use areas.
[iv]
The total square footage of windows along a facade
facing a street shall be a minimum of 15% of the square footage of
the facade.
[g]
Blank walls shall not be permitted along any exterior
wall facing a street, parking area or walking area. Exterior walls
in these locations shall have architectural treatments that are the
same as the front facade, including consistent style, materials, fenestration
and details.
[h]
Roofs.
[i]
Slope. Roof pitches and overhangs shall vary as
necessitated by good architectural design and modulation requirements
of the previous sections. However, no flat roofs are allowed as major
architectural elements visible from a public street. A roof slope
of 5/12 or greater is the minimum standard for roofs visible from
a public way. Mansard roofs, when constructed in the traditional form
with appropriate step back from the exterior building wall line are
permitted. The upper roof of a mansard may be flat or low pitch, provided
that it is not visible from ground level. Shed roofs, dormers, secondary
roof forms, and roofs for porches may have a lower pitch, but in no
case will the pitch be lower than 3.75 in 12. Significant roof overhangs
are recommended to provide architectural interest, to create shadow
lines, and to protect wall and siding from water and sun. Roof overhangs
are highly recommended to provide passive energy conservation where
possible.
[ii]
Penetrations. All roof stacks, flashings, vents
or protrusions from the roof shall be painted the same color as the
roof. Roof stacks and plumbing vents shall be placed on rear slopes
of the roofs where possible.
[iii]
Solar. Photovoltaic and hot water heating panels
are permitted and encouraged, provided that on sloped roofs visible
from a public way they shall be installed flush on the roof plane
and shall not project above the roof surface by more than six inches.
On flat roofs not plainly visible from ground level of a public way,
solar panels may be mounted on brackets, provided that they are no
higher than six feet above the roof surface that they are mounted
on.
[iv]
Materials. Roofs that are visible from ground
level shall be architectural dimensional composite shingles, wood
shingles or shakes, slate, tile, or prefinished metal standing or
box seam. Combinations of roofing are encouraged when appropriate
to the desired architectural character. Roofs not visible from a ground
level shall be white or light colored roofing material to provide
improved energy efficiency.
[i]
Utility and mechanical equipment.
[i]
All utility feeds, meters, and vents must be painted
to blend with adjacent surfaces. All feeds to meter boxes and exterior
meter banks must be located on a rear, side, or other subordinate
facade of the building as designated by the Zoning Officer.
[ii]
All aboveground utilities and mechanical equipment
(i.e., transformers, phone and cable boxes, gas meters, electric meters,
air-conditioning units, heat pumps, and exterior HVAC equipment and
ducting) whether ground- or roof-mounted, shall be screened from all
public ways by either an architecturally integrated screen wall, landscape
walls, fencing, or dense planted visual buffers of a height equal
to or greater than the height of the equipment. Spacing must provide
effective visual screening upon installation. Screening must surround
the utility structure 360° except when abutting or within five
feet of the structure, or to allow access to the structure. All setback
requirements of the utility company must be addressed concurrently.
[k]
Fences, street walls and garden walls.
[i]
Design. Fences and walls on privately owned land,
but within the build-to-zone, must comply with these requirements.
[A]
Sight triangle. Any fences within the sight distance
triangle of an intersection or driveway must comply with maximum height
restrictions and placement.
[B]
Fences shall be a maximum of 48 inches in height
along streets and public ways. Internal fences and garden walls, fences
and walls screening mechanical equipment and trash enclosures may
be seven feet high maximum and constructed of solid materials.
[C]
Iron and metal fences: 48 inches in height maximum.
A sharp-pointed or spear-headed type of fence with uppermost points
or prongs less than 1/2 inch in diameter is not allowed.
[D]
Wall materials shall be field or cut stone, concrete,
stucco on masonry, or pointed clay brick. Walls shall be a maximum
of 48 inches in height along streets and public ways. Walls internal
to the development site and walls screening mechanical equipment and
trash enclosures may be seven feet high maximum.
[E]
Chain-link, woven-wire, and barbed-wire fences
are not permitted.
[F]
Fences may be located in any appropriate location
in the build-to-zone, or behind this zone as dictated by the site
design.
[G]
Pedestals and gates. Blocks or pedestals for fence
posts must not project into or above the surface of an adjacent sidewalk.
All gates must swing inwardly; and no gate shall swing outwardly over
any sidewalk, avenue, street, or road.
[H]
Fences in side and rear yards shall follow property
lines unless they are for privacy or visual screening of mechanical
or trash areas.
H.
Specific requirements.
(1)
The minimum net lot area for a Downtown District development
is 20,000 square feet. The minimum lot area of all new lots platted
within the Downtown District development shall be 2,000 square feet.
All existing and proposed buildings will be platted with their own
lot for planning and dimensional compliance purposes regardless of
the final structure of ownership. Rights-of-way and ultimate rights-of-way
shall be shown for all streets and alleys created as part of a Downtown
District development whether or not said streets are intended for
public dedication. Condominium form of ownership and multiple building
uses are permitted, but each individual lot's dimensional characteristics,
including lot area and setbacks, shall be calculated as part of the
land development review process. In such case, the lots shall be laid
out so that the dimensional requirements are met. However, the actual
lot lines do not need to be legally established.
(2)
Minimum lot width at build-to-line: 25 feet.
(3)
Maximum building coverage for entire development site: 70%.
(4)
Maximum impervious coverage for entire development site: 85%.
(5)
Regulating plan specific area dimensional requirements:
(a)
Crossroads Area (Regulating Plan Zone A).
[1]
Building height: two stories minimum; four stories
maximum.
[2]
Front yard setbacks. Front building walls shall
be located entirely within the build-to-zone.
[3]
Side yard setbacks. No side yard setback is required,
provided that all building separation requirements are met.
[4]
Rear yard setbacks: 20 feet minimum from lot lines
or other buildings.
(b)
Downtown Area (Regulating Plan Zone B).
[1]
Building height: 3 1/2 stories maximum.
[2]
Front yard setbacks: five feet from public or private
street or alley right-of-way.
[3]
Side yard setbacks: 10 feet from lot line. Corner
lot setbacks shall be the same as front yard setbacks.
[4]
Rear yard setbacks: 20 feet minimum from lot lines
or other buildings.
(c)
Manor Avenue Frontage (Regulating Plan Zone C).
[1]
Building height: two stories minimum; 3 1/2
stories maximum.
[2]
Front yard setbacks. Front building walls shall
be located entirely within the build-to-zone.
[3]
Side yard setbacks. No side yard setback is required,
provided that all building separation requirements are met.
[4]
Rear yard setbacks: 20 feet minimum from lot lines
or other buildings.
(d)
Residential Transition Area (Regulating Plan Zone D).
[1]
Building height: 2 1/2 stories maximum.
[2]
Front yard setbacks: 15 feet minimum, 25 feet maximum.
[3]
Side yard setbacks: 15 feet from district boundary,
eight feet from other lot lines or buildings within the Downtown District
development.
[4]
Rear yard setbacks: 20 feet minimum from lot lines
or other buildings.
(e)
Rural Edge Area (Regulating Plan Zone E).
[1]
Three stories maximum.
[2]
Front yard setbacks: 15 feet minimum; 25 feet maximum.
[3]
Side yard setbacks: 15 feet from district boundary,
eight feet from other lot lines or buildings within the Downtown District
development.
[4]
Rear yard setbacks: 20 feet minimum from lot lines
or other buildings.
(6)
Permitted uses: Form-based developments meeting the requirements of § 380-30.1 are permitted by right in the DD Overlay District. Only the uses listed below are permitted within the form-based development:
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Legend:
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P = Permitted by right use (zoning decision by Zoning Officer)
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SE = Special exception use (zoning decision by Zoning Hearing
Board)
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N = Not permitted
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Table of Uses
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|---|---|---|---|
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Use
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Downtown District Developments
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|
Mixed Use
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P
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Residential Uses
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|
Townhouse/rowhouse [See additional requirements in § 380-34A(40)]
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P
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|
Apartments [See additional requirements in § 380-34A(40)]
|
P
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|
Commercial Uses
| |||
|
Bakery, retail
|
P
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|
Conference center
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P
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|
Crafts or artisan's studio (see also as home occupation)
|
P
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|
Custom printing, photocopying, faxing, mailing or courier service
|
P
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|
Exercise club
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P
| ||
|
Financial institution (See additional requirements in § 380-34; includes banks), with any drive-through
|
P
| ||
|
Laundromat
|
P
| ||
|
Boutique hotel (<50 rooms) which may include an accessory
restaurant
|
SE
| ||
|
Office
|
P
| ||
|
Personal services (includes tailoring, custom dressmaking, haircutting/styling,
dry cleaning, shoe repair, certified massage therapy, and similar
uses) (See also home occupation)
|
P
| ||
|
Restaurant [See additional requirements in § 380-34A(33)] or banquet hall, without drive-through service
|
P
| ||
|
Retail store (other than uses listed separately in § 380-27)
|
P
| ||
|
Tavern, which may include a state-licensed microbrewery (not
including an after hours club)
|
SE
| ||
|
Theater, indoor, other than an adult use
|
P
| ||
|
Trade/hobby school
|
P
| ||
|
Veterinarian office [See additional requirements in § 380-34A(42)]
|
P
| ||
|
Warehousing or storage as an accessory use to a permitted principal
use on the same lot or an adjacent lot or located in the same zoning
district
|
P
| ||
|
Cultural center or museum
|
P
| ||
|
Day-care center, adult [See additional requirements in § 380-34A(2)]
|
P
| ||
|
Day-care center, child [See additional requirements in § 380-34A(15)] (See also as an accessory use)
|
P
| ||
|
Borough-owned uses
|
P
| ||
|
Government facility, other than uses separately in § 380-27
|
SE
| ||
|
Publicly owned or publicly operated recreation, outdoor park
open for public recreation
|
P
| ||
|
U.S. Postal Service facility, which may include a leased facility
|
P
| ||
|
Accessory Uses
| |||
|
See list of additional permitted uses in § 380-27C, such as residential accessory structure or use
| |||
|
See additional requirements in § 380-35 for specific accessory uses
| |||
|
Day-care, child [See additional requirements in § 380-35D(4)]
| |||
|
Group day-care home
|
P
| ||
|
Family day-care home
|
P
| ||
|
Miscellaneous Uses
| |||
|
Erosion and sedimentation controls, flood hazard and stormwater
improvements
|
P
| ||
|
Forestry
|
P
| ||
|
Nature preserve or environmental education center
|
P
| ||
(7)
Parking.
(a)
Any permitted nonresidential use shall provide the minimum required parking as specified in § 380-42, except as may be reduced herein.
[1]
On-street parking: For uses fronting on a street
with publicly accessible on-street parking, the parking requirements
may be reduced by one required parking space for every two directly
adjacent public on-street parking spaces.
[2]
Residential uses: Two parking spaces per dwelling unit or as specified in § 380-42, whichever is less.
[3]
Shared parking: Residential minimum parking standards
may be reduced to one space per dwelling unit if the parking facility
is shared with a permitted office use, and the office parking is available
for use by residential occupants Monday through Friday, 5:00 p.m.
to 7:00 a.m. and from 5:00 p.m. Friday to 7:00 a.m. Monday.
[4]
Location and setback: Off-street parking shall
not be located in any required front yard setback along a public street.
Parking spaces for multifamily residential parking facilities and
all nonresidential use parking facilities shall be screened, landscaped
and buffered according to the requirements of the Subdivision and
Land Development Ordinance, and in all cases with a vegetative buffer,
hedge, wall or architectural fencing a minimum of 48 inches high.
No parking area of five or more spaces shall be located within 20
feet of a contiguous lot line of an existing dwelling on another lot,
or the district boundary.
A.
Each principal building shall be served by public
water service and public sewage service prior to occupancy, unless
the applicant proves to the satisfaction of the Zoning Officer that
such service is not feasible.
B.
If a lot will not be served by public water and public
sewage service prior to occupancy of any principal building on the
lot, then a minimum lot area of one acre and a minimum lot width of
150 feet shall apply, unless a more-restrictive requirement is established
by another provision of this chapter.
No paving, outdoor storage, buildings or paved
or stone vehicle parking shall be located within 80 feet from the
top of the primary bank of the Conestoga River.
