[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%
|
(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.
[Ord. 2013, 3/18/2013]
As prescribed by Section 305 of this chapter.