[Ord. 559, 6/20/1959, Section 501; amended by Ord. 578, 6/10/1960,
Article V; Ord. 834, 12/4/1973, Section 1; Ord. 844, 2/4/1974, Article
III; Ord. 858, 10/8/1974; Ord. 981, 11/3/1980, Section 3; Ord. 1049,
3/9/1983, Section 1; Ord. 1347, 8/21/1991, Section 1; Ord. 1390, 9/14/1992,
Section 1; Ord. 1529, 5/5/1997, Section 3; Ord. 1591, 4/8/1999, Section
1, *Ord. 1640, 11/21/2000, Section 1; Ord. 1872, 6/18/2007, Section
1; Ord. 1961, 2/7/2011, Section 1]
In this district, the land and structures may be used and structures
may be erected, altered, enlarged and maintained for the following
uses only:
a.
Any
use permitted in the R-1 district.
b.
Two-family
dwelling.
c.
Student
Home.
d.
Special
exceptions permitted by the Zoning Hearing Board, as prescribed in
Section 606 of this chapter, including:
(2)
Hospital or Clinic.
(3)
Highway Transitional Uses.
(4)
Conversion of existing State College Area School District buildings
to:
(a)
Private Day or Resident School.
(b)
Professional Office.
(c)
Medical/Dental Office.
(d)
Housing for the Elderly or Disabled.
(e)
Personal Care Boarding Home.
(f)
Public or Private Library, provided no more than 5% of the gross
floor area is used for on-site retail sales.
(g)
Performing Arts Centers, Museums and/or Art Galleries, provided
they are open to the general public.
(h)
Day-care center.
(i)
Neighborhood Center.
[Ord. 559, 6/20/1959, Section 502; amended by Ord. 952, 1/10/1979,
Section 1{50}; Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396,
12/10/1992, Section 2; Ord. 1853, 10/16/2006, Section 3; Ord. 1841,
4/4/2006, Section 3, 5; Ord. 1853, 10/16/2006, Section 4; Ord. 2091,
3/6/2017, Section I]
Each lot in this district shall comply with the following minimum
requirements, except as otherwise provided:
a.
Lot
area.
One-family dwelling: 10,000 square feet.
Two-family dwelling: 20,000 square feet.
Private academic schools: one acre.
b.
Lot
width.
One-family dwelling: 75 feet.
Two-family dwelling: 125 feet.
(Measured on the shorter street frontage for corner lots.)
Private academic school: 150 feet.
c.
Front
yard depth.
Dwelling: 30 feet.
Non-dwelling: 40 feet.
Public schools: 30 feet.
d.
Side
Yard Depth.
Dwelling: eight feet.
Accessory building: eight feet.
Non-dwelling: 20 feet.
e.
Rear
Yard Depth.
All Structures: 20% of the depth of the lot measured from the
front building line to the nearest point of the rear lot line, but
in no case shall be less than 15 feet.
f.
Lot
Coverage.
(1)
The cumulative area of all building footprints on a lot, including
accessory buildings, shall not exceed the following coverage for a
given lot's area:
Lot areas 15,000 square feet or smaller = 30%.
Lot areas >15,000 square feet up to and including 25,000 square
feet = 4,500 plus 0.05 X number of square feet above 15,000.
Lot areas >25,000 square feet = 20%.
Public schools: 30%.
Examples: Building Coverage Calculation.
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Lot size is 15,000 S.F. calculation is: 0.3 X 15,000 = 4,500
S.F. = 30%.
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Lot size is 20,000 S.F. calculation is: 4,500 plus 0.05 X 5,000
= 4,750 S.F. = 23.75%.
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Lot size is 25,000 S.F. calculation is: 4,500 plus 0.05 X 10,000
= 5,000 S.F. = 20%.
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Lot size is 35,000 S.F. Coverage calculation is 0.2 X 35,000
= 7000 S.F. = 20%.
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(2)
Driveways and off-street parking areas at one- and two-family dwellings,
as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000
square feet of lot area above 10,000 square feet.
Lot coverage for lots with square feet area between any two
1,000 square-foot points shall be calculated on the basis of the lower
1,000 square foot area.
[Example: Lot area 16,500 square feet; lot coverage ((0.12 -
(6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet
= 1,584 square feet]
Lot area >20,000: 8%.
g.
Maximum
Building Width on Replotted Lots. Whenever two or more lots are consolidated
or re-plotted into one after the effective date of this ordinance
(October, 2006) and the resultant lot width from the consolidation
exceeds 135 feet, the maximum building width allowed on such lot shall
be determined by multiplying the lot's width in feet by 0.6. The product
of this ratio subject to the rules set forth below is the maximum
building width, in lineal feet, permitted on the consolidated lot.
Building setbacks are applicable and are used in conjunction with
the ratio.
(1)
Rules: The following rules are used in conjunction with the ratio.
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Building width shall be measured as the cumulative lineal length
of all building walls facing a street that are within a distance of
two times the required front setback. Walls beyond this distance do
not count towards building width.
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On lots with more than one building, the cumulative widths of
all buildings shall not exceed the ratio.
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A facing wall is any wall built parallel to or within a 45°
angle of the front property line.
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Maximum building width using the ratio is applicable to each
lot side with street frontage.
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On lots without frontage, like a flag lot, the ratio applies
along the side designated as the front.
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(2)
Calculation Examples:
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Lot width = 151 feet, 151 feet X 0.6 = 90.6 feet maximum building
width
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Lot width = 200 feet, 200 feet X 0.6 = 120 feet maximum building
width
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h.
Minimum
open space:
Public schools: 45%.
All other uses: 50%.
[Ord. 559, 6/20/1959, Section 503; amended by Ord. 1841,
4/4/2006, Section 4]{60}
The maximum heights of structures in this district, except as
otherwise provided, shall be:
As specified in Part H of this chapter.
[Ord. 559, 6/20/1959, Section 1501, 1501.2; amended by Ord.
844, 2/5/1974, Sections 3 and 4; Ord. 941, 9/11/1978, Section 128;
Ord. 1049, 3/9/1983, Section 2; Ord. 1181, 9/10/1987; Ord. 1198, 2/8/1988,
Section 10, 11; Ord. 1284, 7/10/1990, Section 8; Ord. 1347, 8/21/1991,
Sections 2 through 6 inclusive; Ord. 1374, 6/3/1992, Sections 1 through
7 inclusive; Ord. 1390, 9/14/1992; Ord. 1392, 11/3/1992; Ord. 1449,
9/8/1994, Section 1; Ord. 1640, 11/21/2000, Section 2; Ord. 1950,
5/3/2010, Section 4 and 5]
Under powers set forth in Sections 301 to 304 of this chapter,
the Zoning Hearing Board, after referral to the Planning Commission
for review and submittal of a report within 15 days after public hearing,
may authorize a permit as a special exception, subject to the conditions
set forth, and any further conditions the Board may deem best suited
to insure safety and general welfare, minimize traffic and to safeguard
adjacent properties, for the following:
a.
Fraternity
House Conversion, Demolition and Replacement, Expansion, and Use of
Vacant Lots.
(1)
Conversion of Existing Fraternity Houses.
Purpose: Many of the Borough's existing fraternity houses are
located in a zoning district where their use is nonconforming. Additionally,
most existing nonconforming fraternity houses are contributing buildings
to the underlying historic district. Should their fraternity use be
discontinued, the uses to which the building could be converted are
limited and not well suited for insuring the continued maintenance
and preservation of these large and attractive buildings. Maintaining
their continued presence and viability best serves the public interest
because these buildings are beneficial to the stability and character
of the neighborhood, and they contribute greatly to the architectural
theme of the underlying historic district. Accordingly, this special
exception provision is intended to expand the types of uses otherwise
permitted in these buildings, thereby fostering their adaptive reuse
and preservation. To qualify for this special exception, the building
must be (1) a contributing building to the underlying historic district
and (2) its fraternity use must be nonconforming. Existing fraternity
houses meeting both of these criteria may be converted to the following
uses subject to the terms and conditions set forth herein:
(2)
Demolition and Replacement, Expansion, and Use of Vacant Lots for
Fraternity Buildings, as a Special Exception.
Conversion of such fraternity houses shall be made only after
the Zoning Hearing Board finds that the following standards and criteria
have been met:
Exterior alterations and additions to the building shall be
limited so that the ground area coverage of the building shall not
be increased more than 20%. Such proposed alterations shall be reviewed
by both the State College DRB (first) and the State College Planning
Commission (second) and their recommendations shall be made in writing
to the Zoning Hearing Board, which shall consider such recommendations
and may require reasonable changes in such proposed alterations as
a condition in granting of such special exception.
Repair and maintenance work on such building exterior, which
does not alter the design or appearance of such building, shall not
be considered a proposed alteration and shall not require review and
recommendation by the two agencies set forth hereinabove.
Repair and maintenance work on such building exterior, which
does not alter the design or appearance of such building, shall not
be considered a proposed alteration and shall not require review and
recommendation by the two agencies set forth hereinabove.
Any applicant for a special exception hereunder may submit plans
showing such proposed alterations to the Planning Commission and the
DRB and obtain such recommendations required hereunder before making
application for such special exception; or, if not, after the application
for such special exception is filed, such plans shall immediately
be referred to the Planning Commission and DRB for such review and
recommendation by the Borough Zoning Officer, and such written recommendations
shall be transmitted by the two agencies to the Zoning Hearing Board
within 30 days thereafter.
All motor vehicle parking areas shall be confined to the rear
yard and such areas shall not occupy more than 35% of the lot area;
provided, however, that parking areas in existence prior to the conversion
of such building may be permitted to continue in use, provided such
parking areas do not constitute a safety hazard.
If a sign is desired for use after conversion, one sign may
be approved subject to the following conditions:
The appearance and location of such sign shall be approved by
the State College DRB and such approval given, in writing, to the
Zoning Hearing Board. The procedures set forth herein for exterior
alteration proposals shall govern the approval required herein. In
addition, any such sign shall not exceed 12 square feet in area; shall
be restricted to name and address and type of business; and shall
not include commercial advertising of products.
An existing fraternity house within the R-2 district may be
demolished and replaced with another fraternity house or may be enlarged,
as a special exception subject to approval by the Zoning Hearing Board.
The State College Planning Commission shall be afforded an opportunity
to review such applications and may make a written recommendation
to the Zoning Hearing Board about the appropriateness of the building's
architectural design and site layout and about impacts on public safety,
health or welfare. The Zoning Hearing Board shall consider such recommendations
and may require reasonable changes in the application as conditions
on granting such special exception.
New construction of fraternities or expansion of existing fraternities
within the R2 zone shall be subject to all the provisions of the R2
zoning district, except for side yard depth, which shall be 20 feet.
Expansion of an existing fraternity house or construction of a new
fraternity house shall not be allowed on any adjacent land held as
a separate lot of record and under separate ownership from the fraternity
house lot at the time when the land's zoning designation became R2.
Any vacant lot of record owned by a fraternity corporation at the
time the land's zoning designation became R2, may be used for the
construction of a new fraternity house.
b.
Hospital
or Clinic. Hospitals or clinics are permitted in the R-2 districts,
provided:
Such hospital or clinic does not include general treatment of
contagious disease, the insane and is not a penal or correctional
institution.
Access is from a primary street which has a pavement width of
not less than 32 feet.
No part of any main building shall be located less than 100
feet from the property line.
c.
Highway
Transitional Uses. Any existing structure or land abutting the designated
primary arterial streets may be used for the uses listed below subject
to meeting the express criteria:
(1)
Location. Highway transitional uses are permitted only on properties
abutting the below-listed streets, provided vehicular access is available
through an existing alley:
(a)
West side of South Atherton Street from the southern lot line
of 306 South Atherton Street to the north side of Fairmount Avenue.
(2)
Uses Permitted. Offices for lawyer, accountant, architect, engineer,
minister, governmental, insurance, real estate, brokerage and all
other offices which are similar to the listed uses in function, traffic
generating and attraction capacities, except that medical and related
offices of chiropody, chiropractic, clinical psychologist, dentistry,
medical optical, optometric and osteopathic offices and other client
care providers are specifically excluded.
Drive-in or motor-vehicle-oriented business uses are prohibited
as a main or accessory use.
(3)
Area and Bulk. Lot area and width, yards and height restrictions
shall be the same as those for single-family dwellings for the district
within which the special exception is requested. Nonconforming lots
and structures which fail to meet the applicable area and bulk requirements
may be used for the uses permitted above as special exceptions, provided
such non- conformities are not increased and that other provisions
of this section are met.
(4)
Design Criteria.
(a)
When an existing residence is to be converted to a nonresidential
use, no exterior alterations or additions which change the residential
character of the building by use of colors, materials, design or lighting
shall be permitted.
(b)
No more than one primary structure shall be permitted on any
one parcel.
(c)
When abutting a residential use, the rear and side yards of
all nonresidential highway transitional uses shall be screened from
the adjoining properties by a buffer at least six feet in height of
view-restrictive plantings or decorative wall.
(d)
Minimum off-street parking spaces shall be provided as required in Section 2403 of this chapter, or one space per employee, whichever is greater. The maximum number of spaces for highway transitional uses shall not exceed one space per 150 square feet of gross floor area. The construction of new driveways off arterial streets is prohibited.
(f)
The number of employees in permitted highway transitional uses
shall be limited to eight employees for the first 10,000 square feet
or portion thereof of lot area, plus one employee for each additional
5,000 square feet of lot area beyond the initial 10,000 square feet
[e.g. 8,000 square feet = eight employees; 12,000 square feet = eight
employees; 15,500 square feet = nine employees]. Employment limitations
shall apply to all full-time and part-time persons (including owners
or partners) employed on the premises at any given time or during
any work shift.
(g)
No structure used for a highway transitional use may cover more
than 20% of the lot, or 2,500 square feet, whichever is greater. Existing
structures converted to highway transitional uses may be expanded
to meet, but not exceed, these limitations.
(h)
Highway transitional uses may be open for business only between
the hours of 8:00 a.m. and 9:00 p.m.
(i)
One sign may be permitted on each property used as a highway transitional use. In addition to the criteria of Chapter XIV of this Codification, any sign displayed for a highway transitional use shall be subject to the following:
(i)
Not exceed 12 square feet for a single-face or 24 square feet
for a two-faced sign.
(ii)
Be located only in the yard abutting the arterial street.
(iii)
Internally-illuminated signs are not permitted;
external illumination may be used only during business hours.
(iv)
The content of the sign shall be restricted to the name and
address of the occupant and to the type of business conducted on the
site.
(j)
All business activity on the site shall be conducted only within
the building on the site. Any outdoor storage of business materials
or supplies is prohibited.
(5)
Plan Review. All applications for a highway transitional use shall
be submitted to the Planning Commission for its review and recommendation
to the Zoning Hearing Board. Any report by the Planning Commission
to the Zoning Hearing Board may also include suggestions by the Commission
for modification to the development plan. Plans shall be submitted
in the form required by Section 305 of this chapter.
(6)
In reaching a determination on a specific proposal for a highway
transitional use, the Zoning Hearing Board may exercise every precaution
to ensure that the use shall not create a nuisance by reason of smoke,
odor, glare, noise, vibration, radio or television interference off
the site.
d.
Conversion
of Existing State College Area School District Buildings. Upon sale
or other cessation of use by the State College Area School District,
existing State College Area School District buildings may be converted
to the following specific uses subject to the terms and conditions
set forth hereinunder:
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Private Day or Resident School
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Professional Office
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Medical/Dental Office
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Housing for the Elderly or Disabled
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Personal Care Boarding Home
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Public or Private Library, provided that no more than 5% of
the gross floor area is used for on-site retail sales
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Performing Arts Centers, Museums and/or Art Galleries, provided
they are open to the general public
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Day-care center
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Neighborhood Center
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(1)
Vehicular Access. Vehicular access for the following school buildings
shall be restricted to the following streets:
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College Heights Elementary School restricted to Hillcrest Avenue;
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Radio Park Elementary School restricted to Cherry Lane;
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Corl Street Elementary School restricted to Corl Street;
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Easterly Parkway Elementary School restricted to Easterly Parkway.
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(2)
Required Off-Street Parking. Except as provided for in this section, required off- street parking shall be provided in accordance with Part H of the Zoning Ordinance.
(a)
Rear- and side-yard setbacks for parking areas adjacent to an
R-1, R-2, R-3 or R-3B district shall be a minimum of 10 feet. This
setback shall be planted in accordance with the buffer yard requirements
stated in Section 606.e(3), below.
(3)
Buffer Yards. Buffer yards, as specified herein, are required when
a school building located on a site adjacent to an R-1, R-2, R-3 or
R-3B district is converted to one or more of the uses permitted under
this special exception.
All building faces and parking areas, except those fronting
public rights-of-way, whether in existence at the time of the adoption
of this ordinance or developed subsequently, shall be screened from
view from abutting residential zoning districts, as provided for in
Subsections 606.e(3)(i), (ii) and (iii) below, as applicable:
(a)
Screening shall be provided by a continuous view-restrictive
screen at least six feet in height designed to obscure the view of
buildings and parking areas from residentially zoned districts.
The screen's length shall be comprised of trees, shrubs or a
combination thereof. A minimum of 50% of the screen's length shall
be of evergreen plant material. A minimum of two canopy trees shall
be planted for each 100 feet of screen length. All plant material
shall be six feet in height at time of planting and placed to provide
view restriction. Walls, earth mounds and fences (or a combination
thereof) may be included with the plant material to complement and
provide variety to the screen but may not be exclusively used for
screening. Special consideration shall be given to form, color, texture,
density, growth habits and maintenance requirements. Grass or other
living ground cover shall be planted, mulched and maintained on all
portions of the landscaped screen not occupied by other landscaped
material. All required plant material which dies shall be replaced.
(b)
Existing vegetation and/or natural features may be used to meet
buffer yard requirements, provided the location and composition of
existing plant materials and/or natural features will result in screening
that meets the requirements of this section. The requirement that
50% of the screen's length be comprised of evergreen plant material
shall only apply to newly installed plant material whether at the
time of initial installation or installation to replace required plant
material that has died.
(4)
Signs. One ground pole sign is permitted on each property. Such sign
shall not exceed 12 square feet per sign face. No part of the sign
or any supporting structure may exceed six feet in height. The base
area of all ground pole signs shall be landscaped with shrubs and
other living plant material.
Roof signs and projecting signs are prohibited.
Wall signs, other than directory signs or building name signs,
are prohibited. Such wall signs may not exceed 25 square feet per
directory sign. No more than one directory sign is permitted per building
entrance.
Internally illuminated signs are prohibited.
(5)
Building Expansion. Any existing school building(s) converted to
a non-school use, as provided for herein, may be expanded by up to
20% of the existing gross floor area at the time of the initial conversion
to a non-school use subject to the following conditions:
(6)
Configuration. Housing for the elderly or disabled may be configured as one-family dwellings, two-family dwellings, multiple-family dwellings, row dwellings or any combination thereof, as defined in Part B of this chapter.
(7)
Lot Area. The minimum lot area for housing for the elderly and/or
disabled shall be 4,000 square feet of lot area per dwelling unit.
(8)
Land Development Plan Review. Prior to review by the Zoning Hearing
Board, all applications for a special exception for the conversion
of an existing school building shall be submitted to the Planning
Commission and Design Review Board, as specified in Section 305 of
the Zoning Ordinance. In making its report to the Zoning Hearing Board
on the application, the Planning Commission may also include suggestions
for modifications of the land development plan.
[Ord. 1157, 12/16/1986, Section 2]
Housing projects for the elderly, as specified below, may be
permitted as conditional uses in the R-2, Residence District, subject
to the following criteria:
a.
Purpose
and Concept. This provision is intended to help meet the growing demand
for elderly housing in the Borough through the creation of planned
elderly housing developments. It modifies use, lot area, width and
yard requirements otherwise applicable to the district, establishes
additional design controls, requires unified planning and management
of each development and provides for Council approval as a conditional
use following site plan review. Elderly housing developments shall
be planned, designed and managed as integrated projects.
b.
Use.
In addition to the uses permitted in Section 601 of this chapter,
elderly housing developments may consist of the following: row dwellings
not exceeding six units in any one direction; and medical clinics,
nursing and convalescent homes for use by residents of the development
only. Personal care and congregate meals may be provided within the
building types permitted above.
c.
Lot
Area, Width And Yards.
(1)
Lot Area. Each elderly housing development shall consist of a minimum
of five acres for the total development and a maximum density of 4,000
square feet of lot area per dwelling unit. The amount of land used
for medical clinics, nursing and convalescent homes may be used to
achieve the five-acre minimum for the development but may not be used
for purposes of calculating maximum residential densities.
(2)
Minimum lot width: 300 feet.
(3)
Minimum Yard Depth. Minimum front, side and rear yard depths shall
be as required in Section 602 of this chapter, except that yard depths
for row dwellings, medical clinics, nursing and convalescent homes
shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 30 feet.
All structures in excess of 25 feet in height shall be set back
a minimum distance of 80 feet from all property lines not abutting
a street. For side and rear lot boundaries which abut properties in
zoning districts other than R-1 and R-2, the required side and/or
rear yard depths specified above are reduced to those applicable in
the abutting district.
d.
Height.
The maximum height of structures permitted for elderly housing developments
shall be as specified in Section 603 of this chapter.
e.
Parking
Requirements. Provisions of Section 505.e of this chapter shall apply.
f.
Additional
Requirements. Provisions of Section 505.f of this chapter shall apply.
g.
Administrative
Review. Provisions of Section 505.g of this chapter shall apply.
[Ord. 1516, 12/23/1996, Section 1; amended by Ord. 1574,
8/20/1998, Section 1]
All owners of structures included in the Historic Resources
of the Centre Region, prepared in 1982 by the Centre Regional Planning
Commission, listed on the National Register of Historic Buildings
or included as a contributing structure in an existing or formally
proposed National Historic Register District must give public notice
prior to the demolition, removal or razing of such building or any
portion thereof. This notice shall be given no less than 30 days prior
to issuance of the zoning permit for demolition. The notice of demolition
shall be posted on the property on which the structure is located
(using a sign provided by the Borough) and on the public bulletin
board at the State College Municipal Building, and placed in a paper
of general circulation within the Borough. The applicant, before starting
notice procedure, must schedule a meeting with the Zoning Officer
to review the applicant's plans for the notice and provide a copy
of the notice to the Zoning Officer. Following is a sample notice
to be used:
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NOTICE OF DEMOLITION OF A HISTORIC STRUCTURE
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Public Notice is hereby given that this property has a building
that is listed or eligible for listing on the National Register of
Historic Places; is a contributing structure in a National Register
Historic District; or is listed in the Historic Resources of the Centre
Region prepared in 1982 by the Centre Regional Planning Commission
and is proposed to be demolished in whole or in part. The property
in which the Historic Structure is located is at ____________________.
Tax Parcel Number _________. The type of structure, or part thereof,
to be demolished is _________________________. The purpose of this
notice is to give the residents an opportunity to contact the owner
and to point out other options to possibly prevent the demolition
of a historic resource of the Borough of State College. It is the
owner's intent to start demolition of this structure on ______________________.
For more information on this demolition, you can contact the Borough
Zoning Officer at 118 South Fraser Street, State College, PA 16801
or by telephone (814) 234-7193, TDD (814) 234-7110. The owner's name
and address are: _________________________.
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[Ord. 1872, 6/18/2007, Section 4]
This overlay district is established within designated areas
of the municipality as an overlay district supplementing the existing
base zoning. It recognizes that urbanized areas are often characterized
by excessive noise and congestion caused by increased pedestrian movements,
truck traffic and other varieties of vehicular traffic. Excessive
noise and congestion are not compatible with low-density residential
uses.
Within the Mixed-Use Overlay District, there are many one- and
two-family houses remaining that were built at a time when the designated
areas were less urban. It is desirable to maintain and reuse these
structures even though they may no longer be in a suitable location
for low- density residential uses.
a.
Purpose.
Accordingly, the purposes of the overlay district are to:
(1)
Provide uses, in addition to the base zoning, that can function well
in busy urbanized areas.
(2)
Provide for adaptive reuse of these structures without changing their
character, physical appearance or compatibility with adjoining residential
uses.
(3)
Provide a buffer between established residential neighborhoods and
the designated areas thereby insulating these neighborhoods from the
detrimental effects of high traffic volumes, congestion and noise.
b.
Location.
c.
Access.
Vehicle access to any site for which a Mixed-Use Overlay District
use is proposed shall be from an arterial street, provided the access
criteria specified herein are met. In cases where arterial access
criteria cannot be met, access shall be provided from the next access
classification in descending order. Access classifications, in descending
order, are as follows: secondary arterial, collector, local, and alley.
(1)
Criteria for Arterial Access. Direct access to an arterial street
from a proposed Mixed-Use Overlay District use is permitted only if
the following conditions are met:
(a)
The arterial street on which the site of the proposed Mixed-Use
Overlay District use has frontage is either (1) a 1-way street or
(2) a 2-way street with center turn lane and on-site traffic controls
restrict exiting movements to right turn only;
(b)
Line of sight at any existing or proposed curb cut or other
access point equals or exceeds PennDOT standards for safe sight distance
for passenger cars exiting from driveways onto 2-lane roads at the
posted speed for the road being entered;
(c)
The projected trip generation, assuming all existing building
square footage is used for the proposed Mixed-Use Overlay District
use, does not exceed 100 average daily traffic (i.e. total ingress
and egress does not exceed 100 trips per day);
(d)
If the arterial street is a State route, a highway occupancy
permit must be obtained from PennDOT;
(e)
The peak hour volume/capacity ratio for the arterial is 0.75
or less and is calculated using the methodology in the Highway Capacity
Manual;
(f)
On-site parking is configured such that vehicles may enter and
exit the site without backing off of or on to the arterial street;
and
(g)
Access shall conform to driveway location standards and off-street
parking standards, as specified in this chapter.
(2)
Criteria for Secondary Arterial, Collector or Local Street Access.
Direct access to a secondary arterial, collector or local street from
a proposed Mixed-Use Overlay District use is permitted only if the
following conditions are met:
(a)
Access to an arterial street meeting the above-specified criteria
is not available;
(b)
Line of sight at any existing or proposed curb cut or other
access point equals or exceeds PennDOT standards for safe sight distance
for passenger cars entering 2-lane highways at the posted speed for
the road being entered;
(c)
On-site parking is configured such that vehicles may enter and
exit the site without backing off of or on to the street; and,
(d)
Access shall conform to driveway location standards and off-street
parking standards, as specified in this chapter.
(3)
Criteria for Alley Access. Direct access to an alley from a proposed
Mixed-Use Overlay District use is permitted only if the following
conditions are met:
(a)
Access is not available from an arterial, secondary arterial,
collector or local street which meets the applicable standards for
access from an arterial street, as specified in Subsection a.i through
vii, or Subsection b(i) through (iv), above, respectively;
(b)
The alley has been ordained and opened by the municipality;
(c)
The alley is located at the rear of the site and parallel to
the arterial street on which the site has frontage; and,
(d)
Adequate sight distance exists at the intersection of the alley
and the secondary arterial, collector or local street with which it
intersects.
d.
Uses
Permitted. Offices for medical doctor, chiropodist, chiropractor,
psychologist, psychiatrist, dentist, optician, optometrist, osteopath,
lawyer, accountant, architect, engineer, ministry, governmental, insurance,
real estate, brokerage, Desktop publishing services, Artist Studio,
Motion Picture and Video Production, Software publishing, Internet
Publishing and Broadcasting and all other offices which are similar
to the listed uses in function, traffic generation and attraction
capacities.
Drive-in or motor-vehicle-oriented business uses are prohibited.
Mixed use of residential (as permitted in the Zoning District)
and other permitted uses (as permitted in the Overlay District) are
allowed. Student homes use within a mixed use overlay building in
the R-2 zoning district is not permitted unless the subject lot complies
with all provisions of Section 501.1. (6). Student Home as applicable
to one- and two-family dwellings used as a student home.
e.
Lot
Area and Width. The minimum lot area and width shall be the same as
that for one-family dwellings under the base zoning district. Nonconforming
lots containing existing residential buildings may be used for overlay
uses provided all other provisions of this section are met.
f.
Yards,
Lot Coverage, Open Space and Other Requirements.
(1)
Required yards, lot coverage, open space, building height, building
size, number of buildings, design prohibitions, and historic preservation,
shall comply with the regulations applicable for the base zoning district
within which the parcel is located, provided that no building used
for a mixed use overlay shall contain more than 2,500 square feet
of gross floor area per floor. Existing buildings converted to an
overlay use may be expanded provided such expansion does not exceed
2,500 square feet in gross floor area per floor.
g.
Use
of Nonconforming Buildings. Any residential building in existence
at the effective date of this ordinance that does not conform to building
setbacks or building size or building height may be used for overlay
use provided that the nonconformity is not expanded or increased and
that all other requirements are met.
h.
Vacant
Lots. A mixed use building may be erected on any conforming lot of
record that is vacant at the effective date of this ordinance provided
all other regulations applicable to a mixed use overlay are met.
i.
Design
Criteria.
(1)
When an existing residence is converted to a nonresidential use or
to a mixed use, no exterior alterations or additions which change
the residential character of the building by use of colors, materials,
design or lighting shall be permitted.
(2)
When a side or rear yard of an overlay use abuts a residential lot
or a public alley, the abutting yard shall be buffered with a view-restrictive
screen at least six feet in height, consisting of plantings, decorative
walls or any combination therein. All plant material shall be at least
six feet in height at time of planting. Areas of a lot abutting an
alley used for parking as provided for in Section 2406.b.(11) of this
chapter are exempt from this requirement and shall be comply with
the provisions of Section 2406.b.(11).
j.
Design
Prohibitions. The following items are prohibited in the Mixed Use
Overlay:
(1)
Untextured concrete block or other untextured veneers.
(2)
Main roofs, dormer roofs or stair tower roofs with less than 4/12
pitch. (Porch roofs are excluded and may have less than 4/12 pitch.)
(3)
Curved main, dormer or stair tower roofs.
(4)
First-floor levels and basement exposures of street front buildings
that are unaligned by more than 50% from the average first floor levels
and basement exposures of adjacent buildings (two on each side) along
the street. See illustration, which follows, for example.
(5)
Unpainted/unstained stair towers.
(6)
Corrugated plastic roof materials covering outside stairways.
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k.
Number
of Employees and Hours of Operation.
(1)
For lots 20,000 square feet or less in area, the total number of
employees allowed per building shall not exceed the lesser of one
employee per 250 gross square feet of floor area or 20 employees.
(2)
For lots with an area greater than 20,000 square feet, containing
a single building on June 18, 2007, the time of the adoption of this
ordinance, an additional five employees are permitted providing the
total number of employees does not exceed one employee per 250 square
feet of gross floor area.
(3)
Employment limitations shall apply to all full-time and part-time
persons (including owners and partners) working in the building at
any given time or during any work shift.
(4)
Approved nonresidential uses may be open to the public for business
only between the hours of 8:00 a.m. and 9:00 p.m.
l.
Signs.
(1)
The provisions of Chapter XV providing for signs in residential districts are modified to the extent that signs displayed for overlay uses shall be subject to the following:
(a)
One sign shall be permitted at each property used as an overlay
use.
(b)
Maximum size shall not exceed the following:
Lots abutting arterial or secondary arterial streets = six square
feet for single-faced or 12 square feet for double-faced.
Lots abutting collector streets = four square feet for single-faced
or eight square feet for double-faced.
Lots abutting local streets or alleys = two square feet for
single-faced or four square feet for double faced.
(c)
Internally-illuminated signs are not permitted.
(d)
The content of the sign shall be restricted to the name and
address of the occupant and to the type of business conducted on the
site.
(e)
All signs shall be constructed of wood, stone, brass, ceramic
or iron.
(f)
When configured as a ground pole sign, the sign shall not exceed
six feet in height at its highest point, including all parts, braces
and supports.
(2)
All business activity on the site shall be conducted only within
the building on the site. Any outdoor storage of business materials
or supplies is prohibited.
m.
Parking. All off-street parking areas, including driveways and aisles, shall be designed and constructed in compliance with the provisions of Part H of this chapter. Off-street parking spaces provided on-site are permitted only as an accessory use incidental to and subordinate to the primary use. As such, on-site parking spaces shall be used only to serve the parking needs of the property's residents or the customers and employees of the overlay use.
(1)
For all residential uses, the number of parking spaces shall equal but not exceed the minimum number required in Section 2403. All parking for residential uses shall be located on the same lot as the use served.
(2)
For nonresidential uses one parking space is required for each 500
square feet of gross floor area for medical and related offices and
one parking space is required for each 600 square feet of gross floor
area for all other permitted nonresidential uses.
(3)
All required parking for approved nonresidential uses shall be located on site up to the extent that 50% of the area of the lot remains as open space. Parking areas, in combination with the lot coverage by all buildings on the lot, shall not exceed 50% of the area of the lot. Additional required parking spaces shall be located off-site as provided for in Subsection (4) below. Together, the total number of on-site and off-site parking spaces shall equal or exceed the amount of parking required for all uses on the lot.
(4)
Parking on public streets and alleys shall not be used to meet any
or all of the parking requirement.
(5)
Off-site parking spaces shall be located within 1200 feet of the
building containing the office use. Spaces may include private or
public off-street parking areas provided that such off-street parking
area is a lawful primary use in the zoning district where it is located.
All off-site parking shall be and shall remain under the control of
the owner or operator of the use which the off-site parking is intended
to serve. On approval of a land development plan which relies on off-site
parking to provide all or a portion of the required parking, the owner
or operator of the said use shall execute and, where appropriate,
record, in the Office of the Recorder of Deeds of Centre County, an
appropriate covenant, deed, lease or other binding agreement that
guarantees the availability of the off-site parking for the use or
uses it is intended to serve. Said covenant, deed, lease or other
binding agreement shall be approved by the Planning Department and
noted on the land development plan prior to the recording of said
land development plan.
(6)
Existing on-site parking may be used to meet required parking for
office uses, but shall be brought into conformity with current access
and design standards as specified in this section and Chapter.
(7)
Driveway and off-street parking area lot coverage maximums established
for one- and two-family uses in R-2 and R-3H zoning districts shall
not apply to properties required to comply with the 50% maximum lot
coverage rule cited in (3) above.
(8)
Mixed use overlay uses shall not be eligible for the parking reduction
conditional use as provided in Section 2403.(b).
n.
Lighting. All exterior lighting for mixed-use overlay installations shall comply with Part K of this chapter.
o.
Plan
Review. See Section 305 for plan content requirements and plan review
procedures.
