[Ord. 2013, 3/18/2013]
The CP-3 district, to be known as a "Planned Commercial District," is intended to preserve neighborhood-scaled commercial uses and to promote new commercial developments in mixed-use neighborhood centers. Commercial activity in this district should be oriented along arterial and collector streets and encouraged in designed shopping centers rather than stand-alone structures, for the purpose of accommodating the commercial needs of nearby consumer concentrations. Orientation of commercial uses in this district should accommodate all forms of transportation, with a focus on providing a pedestrian-oriented mix of uses. Adequate access roads or driveways must be provided, and they shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. Standards for site and building performance promote an accessible mix of uses that provide an active focal point for nearby users.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Buildings and lots in the CP-3 district may be used for the following purposes:
a. 
Any use permitted in the C-Commercial District, Section 1801 of this Chapter, except for the following:
(1) 
Junkyards, which includes storage of vehicles and vehicle parts for more than 35 days.
(2) 
Adult Businesses and Theaters.
(3) 
Telecommunications facilities.
b. 
Accessory land uses and buildings customarily incident to any of the permitted uses.
c. 
Mixed Use, subject to the following requirements:
(1) 
Any new mixed-use development or redevelopment that does not contain residential uses is not subject to the mixed use requirements, but must adhere to the provisions in Sections 1511.c.2.(b) - 15.11.c.2.(c), 1511.c.3, 1512-1518, and 1520.
(2) 
Any new mixed-use development or redevelopment of an existing site containing residential uses, on which 1) a new building or buildings are constructed (regardless of size of gross floor area); or 2) the footprint(s) of the existing structure(s) is(are) altered, or additional stories are added to existing structure(s) in a manner which expands the gross floor area by at least 20,000 square feet, must adhere to the following provisions:
(a) 
Residential uses are prohibited on the ground floor of any structure.
(b) 
Individual retail commercial uses may not exceed 70,000 square feet.
(c) 
Individual non-retail commercial uses may not exceed 35,000 square feet.
(d) 
No more than 70% of the gross floor area may be dedicated to residential uses.
(i) 
Private amenity areas that are restricted to residents and their guests must be counted as part of the residential floor area when determining compliance with this subsection. Amenity areas that are open to the general public shall not be deemed a residential use and shall be counted as nonresidential GFA.
(e) 
For purposes of Mixed-Use developments, "residential uses" shall include only the total area of residential dwelling units and common areas and amenities only available to residents and their guests within the Mixed-Use building. Parking areas serving the Mixed-Use development shall not be considered part of the residential use area.
(3) 
Any new development or renovation of an existing site within this district must adhere to the following regulations:
(a) 
Nonconforming lots. Mixed-use requirements are not applicable for lots smaller than 14,000 square feet that were platted prior to the current minimum lot size. These lots may be developed according to Section 502.f.
(b) 
Parking is not permitted within a building within the first 50 feet of a building's exterior wall as measured perpendicularly to any adjacent public street.
(c) 
Hotels and Motels are permitted in this district if the ground floor of any structure containing guest rooms is used for guest check-in, retail and other commercial uses. No guest rooms shall be located on the ground floor.
(d) 
Additional permitted uses. The following additional uses are permitted in this district:
(i) 
Automobile Sales, provided they have frontage on a State Highway.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Each lot in this district must comply with the following requirements except as otherwise noted.
a. 
Lot area.
Minimum lot area for all uses (including multiple-family dwellings): 14,000 square feet.
Minimum lot area for multiple-family dwelling units (per dwelling unit):
Two bedrooms or less: 1,750 square feet.
Three or more bedrooms: 3,500 square feet.
Lots held under common ownership, and which are adjacent to one another, may be developed as one lot.
Minimum yard area will only apply to portions of lots that are not abutting a lot being collectively developed under common ownership. Such adjacent lots shall be consolidated into a single lot prior to recording of the plan or issuance of a zoning permit. Requirements for mixed use, parking and open space do not apply to each lot individually, but rather in aggregate for all lots that are developed collectively.
Lots that exist at the effective date of this ordinance that do not meet the minimum lot area requirement are not subject to the mixed-use requirements of Section 1511.c. and can be developed according to Section 502.f.
b. 
Yards.
(1) 
Front yard depth.
20 feet min. to 40 feet max.
(2) 
Side yard depth.
Any use abutting Residential Districts: 40 feet.
Any use abutting All Other Districts: 10 feet.
(3) 
Rear yard depth.
Any use abutting Residential Districts 40 feet.
Any use abutting All Other Districts: 20 feet.
(4) 
Front Yard Screening. All required front yards must be improved with living plant material and hardscape components in accordance with the all the provisions of Section 2404.i of this Chapter applying to perimeter parking. Special screening regulations along lot perimeter lines in the CP-3 district are found in Paragraph (5) of this subsection.
(5) 
Side and Rear Yard Screening. For any nonresidential or mixed-use site, the following additional screening requirements are required along the lot's side and rear yards wherever it abuts an R-1 or R-2 district, or any alley.
The entire length of the perimeter lot line so described must contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of commercial buildings and parking areas from residentially-zoned districts. The entire length of the screen must be comprised of trees, shrubs, or a combination thereof. A minimum of 50% of the screen's length shall be evergreen material. All living screening must be at least six feet in height at the time of planting and be spaced closely enough to provide for view restriction. Walls, earth mounds, fences, or any combination thereof, may be included with the living plant material to complement and provide a variety to the screen but may not be exclusively used for screening. Special consideration should 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 landscape strip not occupied by other landscape materials.
(6) 
Whenever the lot's perimeter abuts R-3, R-3B or R-4, or abuts a street or alley adjacent to R-3, R-3B or R-4 zoning district, the foregoing regulations may be reduced to provide a view-restrictive screen equivalent to 50% of the length of the perimeter. The 50% requirement may not be met with a single continuous hedgerow; rather, the creation of a special design effect by grouping or staggering of trees, shrubs and other landscape features is encouraged.
(7) 
Design Standards. On all roofs which contain air-conditioning and other similar types of mechanical/electrical equipment, a view-restrictive screen, that is the same height above the roof as the equipment, must be located around the perimeter of the roof. Such screen may consist of a solid decorative type fencing or panels or may be an extension of the parapet. The screen's purpose is to hide the equipment from the view of a person standing at street level.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
The maximum height permitted in this District shall be:
Buildings: 35 feet (not to exceed three stories), except as permitted through the use of incentives specified in § 19-1518, Incentives.
All other structures: 35 feet.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
The purpose of providing open space within this district is to 1) assist in stormwater management on developed sites; 2) assist in providing a buffer between onsite uses and adjacent properties; and 3) provide active social and recreational spaces for the site's users. Open space requirements for stormwater management can be met through such treatments as yards, landscaped areas, rain gardens, bio-retention areas, green roofs, and other vegetated areas. Open space requirements for social activity can be met through paved or unpaved areas that include plazas, seating areas, recreational areas or other vegetative or hardscape treatments that have a clearly developed program that encourages gathering and communal activity. In order to achieve these purposes, the following requirements for open space in this district apply:
a. 
Open space required: 30% of the lot.
b. 
Required open space improvements:
(1) 
At least 10% of the required open space must be improved for use as a public space. Improvements can be made through the use of vegetation or hardscape materials and should include features that encourage socialization and communal activity for both the residents of the site and visiting users. This space should be located on the site in such a way that it is accessible to the site's visitors from the on-site pathways and should be in addition to hardscape materials that are used for sidewalks.
(2) 
Improved areas that are treated with hardscapes, including areas such as sidewalks and plazas, can be used to meet the required open space as long as the gross land area of hardscape does not exceed 25% of the required open space. Features can include fixtures such as picnic shelters, tables and/or benches, gazebos, fountains, playground equipment, etc. Improved areas should also include ornamental lighting and refuse containers, if necessary.
(3) 
Improved areas must be indicated on the land development plan, reviewed by the Design Review Board and Planning Commission, and approved by Planning Staff.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
On-Site Vehicular Parking. As prescribed by Part H of this chapter except for the following provisions:
(1) 
For mixed-use buildings exceeding 100,000 square feet, the first 30,000 square feet of commercial space is exempt from any parking requirements. Parking for the remainder is calculated at one space per 300 square feet of gross floor area that is devoted to commercial uses.
(2) 
For mixed-use buildings, parking requirements for residential units should be 1.5 spaces for 1-2 bedroom units, and two (2) spaces for three (3) or more bedroom units.
(3) 
Vehicular parking not to exceed minimum required by Part H of this chapter by more than 10%.
(4) 
Incentives for parking reduction per Section 1518.
b. 
On-Site Bicycle Parking. For developed sites within CP-3 districts, the following provisions for minimum bicycle spaces shall apply:
(1) 
Multiple-family dwellings: one space per every three dwelling units.
(2) 
Mixed-Use sites.
(a) 
GFA <7,500 square feet: not required.
(b) 
GFA 7,501-20,000 square feet: two spaces.
(c) 
GFA >20,001 square feet: one space per 10,000 square feet.
(3) 
All bicycle parking should be installed on sites in conformance with the front yard requirements. All bicycle parking should be located such that it is easily accessible from building entrances, visible from bicycle access routes and well lit for users' safety.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Pedestrian-oriented design shall be applied to all portions of a building's ground-floor street frontage(s). This includes treatments such as architectural details, awnings, signs, large front windows and other features that will create an attractive and comfortable neighborhood retail environment for all users. At least 50% of the ground floor exterior wall facing a street shall be devoted to windows affording pedestrian view into the interior commercial space.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Signs and name places are permitted, when affixed flush with the front of the building and not extending above it. The addition, relocation or modification of any sign in a Planned District shall be reviewed by the Design Review Board. Specific regulations regarding signs in planned districts are found in Section 118.b of Chapter XV of this Codification. One freestanding sign is permitted per lot, or lots held in common ownership, to identify the mixed-use development and to be used as the directory sign for multiple businesses in mixed-use developments.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
Purpose. The purpose and intent of these incentives is to promote owner-occupied housing, increased public amenities, energy efficient building design and construction, and superior building design in the CP-3 Zoning District.
b. 
Description of Incentives. All of the incentives listed in Table 1 are described in detail in this subsection. In order for the incentive to qualify for a bonus, the incentive shall meet or exceed the criteria described in the following Table 1.
Table 1: Incentives/Bonus Schedule
(Each Incentive shall be eligible to Earn One or More Bonuses)
Incentives (Building)
Bonus - Increase in Building Height
Bonus - Increase in Density for Residential Uses
Bonus - Reduction in Required Parking
Green Roof
None
5%
10% reduction in required parking
Structured Parking behind Primary Buildings or Underground
1 story (not to exceed 10 additional feet)
10%
Each underground or structure parking space = 1.25 spaces in a surface lot
Owner Occupied*
1 story (not to exceed 10 additional feet)
20%
30%
*
See Section 1519
(1) 
Green Roof. Green roofs are a structural veneer of vegetation and soil or other media, usually 3.5 inches to four inches in depth, that help mitigate the effects of urbanization on water quality by filtering, absorbing or detaining rainfall. The soil and specialized mix of plants that comprise a green roof are tolerant of the harsh temperature and other conditions of a rooftop, can tolerate short periods of inundation from storm events and typically require minimal maintenance. These systems help remove pollutants from entering the storm sewer system and can help reduce the stormwater runoff volume and peak discharge rates.
Engineering plans for the green roof must demonstrate the design's ability to appropriately accommodate a stormwater capacity equal to the first one inch of summer rainfall. Engineering plans must also demonstrate a building design that can accommodate the additional roof load. The roof shall be properly maintained over time in order to retain its efficiency.
In order to qualify for the bonuses in Table 1, at least 50% of the roof area must be a green roof. A 10% reduction in the required surface parking and a 5% density bonus for residential uses can result from the installation of a green roof. Additionally, up to 50% of the surface area of the green roof can be utilized to achieve the required open space for the site.
(2) 
Structured Parking. Parking at street level reduces opportunities to utilize this valuable space for activities that increase street life. Locating parking in parking structures expands the total land available for development. To qualify for the Increase in Building Height and Reduction in Parking bonuses, a minimum of 75% of the parking spaces must be provided in an onsite parking structure.
(3) 
Owner-Occupied Residential. Owner-Occupied residential refers to dwelling units that are the primary and exclusive residence of the legal or beneficial owner at least 240 days per year. To qualify for this bonus, 100% of the residential units proposed must be designated as owner-occupied. Any project pursuing designation as an owner-occupied residential project must establish a homeowners or condominium association and incorporate appropriate provisions in its association and by-laws to ensure that the use of the property is for owner-occupied dwellings, including limitations on leasing units. The by-laws of the homeowners or condominium association shall grant the authority for enforcing the owner-occupied covenant to the Borough of State College. Changes to the by-laws that will affect the occupancy covenant must be approved by the Borough of State College. Legal costs accrued as a result of a conflict in an occupancy covenant must be borne by the homeowners or condominium association.
c. 
Maximum Bonus. The following height, residential FAR and reduction in required parking shall not be exceeded regardless of the number of incentives provided:
Maximum building height: 45 feet.*
*
No more than one (1) additional story is permitted, regardless of the combination of incentives achieved.
Maximum total residential density bonus: 30%.
Maximum total reduction in required parking: 30%.
[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
Purpose. To assure continuation of amenities, housing or uses provided in a project to qualify for bonuses, the property owner must execute a covenant with the Borough of State College. The covenant is required prior to issuance of the building's occupancy permit and is made in consideration of allowing addition building stories or increased floor area above the base zoning or a reduction in parking based on the incentive/bonus scheme under Section 1518.
b. 
Requirements. The covenant must run with the land and be attached to the land. In the event the property owner fails to abide by the covenant, the Borough shall be empowered to terminate occupancy of the building and to obtain injunctive relief in a court of competent jurisdiction enjoining further occupancy of the building while the violation of the covenant occurs. All covenants must be approved in form by the Borough Solicitor and be recorded with Centre County Recorder of Deeds and referenced on the recorded land development plan. Covenants shall be recorded prior to building occupancy and shall specify that the landowner will comply with all approval conditions applicable to the incentive and bonus provisions under which the land development plan was approved.