[Ord. 1526, 3/25/1997, Section 3]
It is the purpose of the R-3H zoning district to:
a.
Provide
a density transition between higher-density and lower-density zoning
districts;
b.
Facilitate
the preservation and reuse of buildings that are contributing structures
to a National Register Historic District;
c.
Provide
opportunities for nonresidential uses that are compatible with the
surrounding residential environment; and
d.
Encourage
investment opportunities consistent with maintaining or enhancing
the character of the neighborhood.
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1537, 8/27/1997,
Section 6; Ord. 1591, 4/8/1999, Section 3; Ord. 1626, 6/19/2000, Section
1; Ord. 1872, 6/18/2007, Section 6 and 11]
In this district, the land and structures may be used, and structures
may be erected, altered, enlarged and maintained for the following
uses only:
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1536, 7/21/1997,
Section 1; Ord. 1626, 6/19/2000, Sections 2 and 3; Ord. 1854, 10/16/2006,
Section 3]
Each lot in this district shall comply with the following minimum
requirements, except as otherwise provided:
a.
Lot
area.
One-family: 6,000 square feet.
Two-family: 9,000 square feet.
All other uses: 6,000 square feet.
b.
Lot
width.
One-family dwelling: 50 feet.
Two-family dwelling: 75 feet.
All other uses: 50 feet.
c.
Front
Yard Depth - New Construction. A uniform building setback helps to
achieve balance and order within a neighborhood. Front yard setbacks
for new construction shall be within 10% of the average front setback
established by adjacent buildings along the street. The average shall
be calculated from the front setbacks of the first two buildings along
the street located on each side of the new construction.
d.
Side
Yard Width - New Construction.
One-family dwelling: six feet.
Two-family dwelling: six feet.
Bed-and-breakfast establishment: six feet.
Offices: six feet.
All other uses: 10 feet.
e.
Rear
Yard Depth. Twenty percent 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 this be less than 15 feet.
f.
Lot
Coverage.
(1)
Buildings and Structures. Thirty percent of a lot may be covered
by buildings (includes main and accessory) and other structures.
(2)
Parking. Maximum lot coverage for driveways and surface off-street
parking areas for all . . .
One-family dwellings: 15%.
Two-family dwellings: 20%.
Other uses: 30%.
g.
Open
Space. A minimum of 35% of a lot shall be maintained as open space.
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1794, 9/20/2004]
Building height contributes to the overall pattern and rhythm
of a streetscape. The vertical character of the streetscape is important
to maintain. Accordingly, the height of new buildings or building
additions along the street shall be no more or less than 30% of the
average of the heights of adjacent buildings along the street but,
in no case, shall the upper limit of the height range exceed 35 feet.
The average of adjacent buildings shall be calculated using the heights
of the first two buildings along the street located on each side of
the new construction. When any adjacent building exceeds 35 feet in
height, 35 feet shall be used to make the average calculation rather
than that building's actual height. Buildings located behind the front
building facing the street are not required to be built to a height
within the range but shall not be higher than the front building when
measured and viewed from the street. No buildings or other structures
(except for those provided under Section 503.d.2) shall exceed 35
feet.
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1633, 8/30/2000,
Section 1]
No single building or group of attached buildings shall be larger
than 3,000 square feet in gross floor area. Basement areas shall not
be included when calculating gross floor area. Exception: Buildings
used exclusively as one-family dwellings containing less than 4,000
square feet of gross floor area (excluding the basement area) at the
effective date of this ordinance may be enlarged to a maximum size
of 4,000 square feet, provided the existing structure is retained
and that the use is not changed.
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1536, 7/21/1997,
Section 2; Ord. 1626, 6/19/2000, Section 4; Ord. 1633, 8/30/2000,
Section 2]
A maximum of one main building is allowed on a single lot.
[Ord. 1526, 3/25/1997, Section 3]
Any structure in existence at the effective date of this ordinance
which does not conform to minimum setback and height requirements
may be used for any use permitted in this district provided all other
requirements are met.
[Ord. 1526, 3/25/1997, Section 3]
The following items are prohibited in the R-3H District:
a.
Untextured
concrete block or other untextured veneers.
b.
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.)
c.
Curved
main, dormer or stair tower roofs.
d.
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.
 |
e.
Unpainted/unstained
stair towers.
f.
Corrugated
plastic roof materials covering outside stairways.
[Ord. 1526, 3/25/1997, Section 3; Ord. 1626, 6/19/2000, Section
6]
Bed-and-breakfast establishments are permitted in R-3H provided:
a.
The
total number of guest rooms shall not exceed six on any individual
lot.
b.
Accessory
buildings and detached garages used as one or more of the allowed
guest rooms shall not contain cooking facilities.
c.
The
length of stay per guest shall be limited to 14 days per sixty-day
period.
d.
Off-street parking areas and driveways shall comply with the standards specified in Part H of this chapter, subject to lot coverage limits applicable in the R-3H district. Driveways may be used as off-street parking areas except for that portion of a driveway located between the property line and the curb.
e.
One
sign, permitted on each lot used for a bed-and-breakfast establishment,
shall:
f.
Meals
for compensation may be provided only to guests of the bed-and-breakfast
establishment. If meals other than breakfast or complimentary snacks
are served, the owner must obtain any necessary permits from the State
College Health Department.
g.
Lot
area, lot width, setbacks, lot coverage, open space, height and building
size shall comply with the standards applicable in the R-3H district.
h.
The
owner or manager shall maintain his or her primary residence on the
premises.
[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626,
6/19/2000, Section 7]
Day-care centers for children or adults are permitted in the
R-3H zoning district provided:
a.
In
addition to the parking requirements for any residential uses on site,
there shall be one off-street parking space for each employee not
living on the premises plus one off-street parking space for each
10 children or adults;
b.
The
gross floor area shall comply with the standard regulations set forth
by the State of Pennsylvania;
c.
For
child day-care centers, there shall be an outdoor play area of at
least 100 square feet per child enclosed by a fence with a minimum
height of four-feet; and
d.
Lot
area, lot width, setbacks, lot coverage, open space, height and building
size shall comply with the standards applicable in the R-3H zoning.
[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626,
6/19/2000, Section 8]
Adult day care homes are permitted in the R-3H zoning district
provided:
a.
In
addition to the parking requirements for any residential uses on site,
there shall be one off-street parking space for each employee not
living on the premises;
b.
The
gross floor area shall comply with the standard regulations set forth
by the State of Pennsylvania; and
c.
Lot
area, lot width, setbacks, lot coverage, open space, height and building
size shall comply with the standards applicable in the R-3H zoning.
[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626,
6/19/2000, Section 8]
Parking requirements shall be as specified in Part H of this chapter, except that lot coverage for surface off-street parking areas and driveways shall not exceed the lot coverage requirements established for the R-3H zoning district.
[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1573, 7/20/1998,
renumbered by Ord. 1626, 6/19/2000, Section 10; Ord. 1827, 6/18/2007,
Section 7]
a.
Office Uses and mixed uses are allowed in the R-3H zoning district pursuant to the criteria established in Section 609 of this chapter and additional specific criteria set forth as follows:
(2)
Vehicular Access. The R-3H zoning district has an extensive system
of paved public alleys that provide vehicular access to many lots
within the district. Maintaining vehicular access from these alleys,
rather than from streets, is desirable. Hence, the descending order
of the access classifications, as provided in Section 609.c., is reversed
for the R-3H district. Site access shall first be from an alley provided
that the criteria for alley access (Section 606.d(2)(c) of this chapter
are met. When alley access criteria cannot be met, access shall be
provided from the next access classification, in descending order,
where the access criteria can be met. Access classifications in descending
order for the R-3H zoning district are as follows: alley, local street,
collector street, secondary arterial street and arterial street. Access
criteria for streets are the same as those provided for in Section
609.c.
[Ord. 1574, 8/20/1998, Section 4, renumbered by Ord. 1626,
6/19/2000, Section 11]
See Section 707 of this chapter.
Under the powers set forth in Sections 310 to 304 of this chapter,
the Zoning Hearing Board, after referral to the Planning Commission
for review and submitting 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 safeguard adjacent properties, for the following:
Mixed-Use District. This district is established along designated
urban corridors within the municipality as an overlay district supplementing
the existing base zoning. It recognizes that heavily 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 corridors 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.
Accordingly, the purpose of the overlay district is to provide
uses, in addition to the base zoning, that can function well next
to busy urbanized corridors and, yet, provide for adaptive reuse of
these structures without changing their character, physical appearance
or compatibility with adjoining residential uses. Additionally, the
overlay district will provide a buffer between established residential
neighborhoods and the busy corridors overlaid thereby insulating these
neighborhoods from the detrimental effects of high traffic volumes,
congestion and noise.
Uses within the Mixed-Use District are permitted by special
exception. Properties within the Mixed-Use Overlay District that do
not meet the criteria established in this section may not be used
for the uses listed in Subsection (3) below.
a.
Office Uses and mixed uses are allowed by special exception in the R-3H zoning district pursuant to the criteria established in Section 965 of this chapter set forth as follows:
(1)
Permitted Location:
(a)
West Beaver Avenue, both sides, from the western property line
of 711-713 and 720 West Beaver to the western right-of-way line of
H Alley.
(b)
South Barnard Street, from its intersection with Calder Alley
south to 127 and 132 South Barnard Street.
(c)
South Gill Street, from its intersection with Calder Alley south
to 131-133 and 134 South Gill Street.
(d)
South Sparks Street, from its intersection with Calder Alley
south to 131-133 and 132 South Sparks Street.
(2)
Vehicular Access. The R-3H zoning district has an extensive system
of paved public alleys that provide vehicular access to many lots
within the district. Maintaining vehicular access from these alleys,
rather than from streets, is desirable. Site access shall first be
from an alley provided that the criteria for alley access of this
section are met. When alley access criteria cannot be met, access
shall be provided from the next access classification, in descending
order, where the access criteria can be met. Access classifications
in descending order for the R-3H zoning district are as follows: alley,
local street, collector street, secondary arterial street and arterial
street.
(a)
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:
(i)
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;
(ii)
The alley has been ordained and opened by the municipality;
(iii)
The alley is located at the rear of the site
and parallel to the arterial street on which the site has frontage;
and,
(iv)
Adequate sight distance exists at the intersection of the alley
and the secondary arterial, collector or local street with which it
intersects.
(b)
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:
(i)
Access to an arterial street meeting the above-specified criteria
is not available;
(ii)
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 two-lane highways at the posted speed
for the road being entered;
(iii)
On-site parking is configured such that vehicles
may enter and exit the site without backing off of or on to the street;
and,
(iv)
Access shall conform to driveway location standards and off-street
parking standards, as specified in this chapter.
(c)
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:
(i)
The arterial street on which the site of the proposed Mixed-Use
Overlay District use has frontage is either (1) a one-way street or
(2) a two-way street with center turn lane and on-site traffic controls
restrict exiting movements to right turn only;
(ii)
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 two-lane roads at the
posted speed for the road being entered;
(iii)
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);
(iv)
If the arterial street is a State route, a highway occupancy
permit must be obtained from PennDOT;
(v)
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;
(vi)
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
(vii)
Access shall conform to driveway location standards
and off-street parking standards, as specified in this chapter.
(3)
Uses Permitted. Offices for medical doctor, chiropodist, chiropractor,
psychologist, psychiatrist, dentist, optician, optometrist, osteopath,
lawyer, accountant, architect, engineer, ministry, governmental, insurance,
real estate, brokerage 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 office (as permitted in the Overlay District) are allowed.
(4)
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 where
the special exception is requested. Nonconforming lots containing
existing residential buildings may be used for overlay uses provided
all other provisions of this section are met.
(5)
Use of Nonconforming Buildings. Any residential building in existence
at the effective date of this ordinance that does not conform with
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.
(6)
Design Criteria.
(a)
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.
(b)
When a side or rear yard of an overlay use abuts a residential
lot, 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.
(c)
The total number of office employees allowed per lot or parcel
is 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 = 8 employees;
12,000 square feet = 8 employees;
15,500 square feet = 9 employees.
Employment limitations shall apply to all full-time and part-time
persons (including owners and partners) employed on the lot or parcel
at any given time or during any work shift.
(d)
Required yards, lot coverage, open space, building height, building
size, number of buildings, design prohibitions, historic preservation,
and use of incentives shall comply with the regulations applicable
for the base zoning district within which the parcel is located. Existing
buildings converted to an overlay use may be expanded provided such
expansion does not exceed the base zoning district's limitations.
(e)
Office uses may be open to the public for business only between
the hours of 8:00 a.m. and 9:00 p.m.
(f)
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:
(i)
One sign shall be permitted at each property used as an overlay
use.
(ii)
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.
(iii)
Internally-illuminated signs are not permitted.
(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.
(v)
All signs shall be constructed of wood, stone, brass, ceramic
or iron.
(vi)
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.
(g)
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.
(7)
Parking. Except as provided for below, 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 and the number of spaces required for all uses located on the lot shall comply with the provisions of Section 2403 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.
(a)
For all uses, the maximum number of on-site parking spaces for all uses shall not exceed the minimum number of parking spaces required in Section 2403;
(b)
Required parking for office uses permitted as a special exception
may be provided on-site, off-site, or through a combination thereof.
Required parking for residential uses shall be located on-site.
(c)
Off-site parking spaces shall be located within 400 feet of
the building containing the office use. Spaces may include publicly
available street parking where it has been legally established, private
or public off-street parking areas provided that such off-street parking
area is a lawful use in the zoning district where it is located. The
applicant for the special exception must show by objective evidence
that the parking spaces are open and available for the office use.
(d)
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.
(e)
Driveway and off-street parking area lot coverage maximums as
established in this chapter for one- and two-family uses in residential
zoning districts shall not apply to properties to the extent needed
to meet the minimum parking required for which the Mixed-Use Overlay
special exception is granted.
(8)
Lighting. All exterior lighting for mixed-use overlay installations shall comply with Part K of this chapter.
(9)
Plan Review. All applications for an overlay 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.
(10)
In reaching a determination on a specific proposal for an overlay
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, light trespass, noise, vibration, radio or television interference
off the site.
