[Ord. 559, 6/20/1959, Section 1001; amended by Ord. 578,
6/10/1960, Article II; Ord. 807, 4/30/1972; Ord. 822, 4/5/1972, Section
1; Ord. 834, 12/4/1973, Section 3; Ord. 838, 12/21/1973, Section 3;
Ord. 1087, 9/20/1984, Section 1; Ord. 1198, 2/8/1988, Section 18;
Ord. 1289, 8/14/1990, Section 4; Ord. 1449, 9/8/1994, Section 2]
Land and structures may be used for any purpose except the following:
a.
Any use where incineration, rendering or refining processes are involved
or where special fire hazards are created.
b.
All industrial, assembly and manufacturing uses or the production
of any goods, materials or merchandise, except those that are incidental
to office, retail or service uses and such incidental uses that occur
at the same premises where the office, retail or services uses are
located.
c.
Automobile wrecking yard.
d.
Blacksmith or horse shoeing shop.
e.
Coal or coke storage.
f.
Contractor's shop, warehouse or material storage, except during the
course of building construction.
g.
Lumber yards, saw, planing or woodworking mills.
h.
Bottling or distribution plant.
i.
Stone or monument works.
j.
And, in general, all those uses which may be obnoxious or offensive
by reason of the emission of odor, dust, smoke, gas, vibration or
noise.
[Ord. 1289, 8/14/1990, Section 5; amended by Ord. 1318, 3/14/1991,
Sections 1 and 2; Ord. 1570, 7/24/1998; Ord. 1692, 1/9/2002. Ord.
1876, 8/6/2007, Section 1; Ord. 2063, 10/12/2015, Section 1]
a.
Automobile sales, service and repair are not permitted unless:
(1)
Service and repair activities shall be conducted within an enclosed
building;
(2)
All service and repair shall be conducted within not less than 30
feet from the front of the building;
(3)
There shall be no openings toward adjoining R districts in the walls
of the building housing the service and repairs.
b.
In-lieu parking is permitted as a special exception.
d.
Motor-vehicle-oriented businesses are permitted as a conditional
use.
e.
Housing for elderly persons are permitted as a special exception,
as set forth in Section 1007.c of this chapter.
f.
Adult business uses are permitted as a conditional use.
g.
Pedestrian-Oriented Uses:
(1)
Definitions:
(a)
Pedestrian-Oriented Uses. Are uses that stimulate pedestrian activities by being sidewalk-oriented and physically and visually accessible to pedestrians who are on the sidewalk. Pedestrian-oriented uses include uses such as retail, personal service shops, department stores, hardware stores, apparel stores, restaurants, theaters, and within the limitations set forth herein retail financial institutions including retail banking offices and brokerages, medical offices, and professional offices as defined in Section 1202 of the zoning ordinance.
(b)
Ground-floor-frontage: Refers to the ground floor portion of
a building measured from the exterior wall facing the street or alley
for a specified uniform minimum distance into the building's interior.
The term includes the full surface area of the exterior facing wall
on the building's ground floor as well as the floor area behind the
facing wall.
(c)
Ground floor. For purposes of pedestrian-oriented-uses, ground
floor refers to the first floor level within a building that is at
or near street or alley level or is open to a plaza or open area on
the street or alley side of the building. The plaza or open area may
be below street or alley level.
(2)
Location. Pedestrian-oriented-Uses, subject to the terms and conditions
specified herein, are mandated within the ground-floor-frontage portion
of any building, except buildings used as churches or places of religious
worship or instruction, whenever such building has frontage along
the following street segments within the Commercial District:
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Both sides of the 100 blocks of East and West Beaver Avenue
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Both sides of the 100 block of South Allen Street
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West side of the 200 block of South Allen Street between Beaver
Avenue and Highland Alley
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South side of the 100, 200, and 300 blocks of East College Avenue
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South side of the 100 and 200 blocks of West College Avenue
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Both sides of the 100 blocks between College Avenue and Calder
Way on the following streets: Fraser, Pugh, McAllister, Locust, and
Heister
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East side of South Burrowes between College Avenue and Calder
Way
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West side of Garner Street between College Avenue and Calder
Way
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(3)
General Requirements.
(a)
Minimum Depth Facing a Street: The minimum depth of the ground-floor-
frontage portion of a building required to be used for pedestrian-oriented-use
shall be 20 feet and the use shall extend across 100% of the building's
width facing a street where such use is required along streets.
(b)
Windows Required: Where pedestrian-oriented-uses are required,
at least 50% of the surface area of the ground floor's exterior wall
facing the street shall be devoted to windows affording pedestrian
view into the ground-floor-frontage portion of the building. Areas
devoted to service entrances and accesses are exempted from this requirement.
(c)
Corner Buildings: The 50% window requirement may be waived on
buildings located on corners where grade differential or other considerations
make wrap-around compliance impractical.
(d)
Service Entrance and Access: Where pedestrian-oriented-uses
are required, service access is prohibited from the street side of
a building except in situations where there is no other practical
way to provide such access. Service entrances and accesses are allowed
from alley sides. Shared service access and refuse storage areas are
encouraged. Loading docks are discouraged.
(e)
Church Exemption: Pedestrian-oriented-uses are not required
on buildings used as churches or places of religious worship or instruction.
(4)
Limitations on Use.
(a)
Medical Office and Professional Office: Medical offices and
professional offices are prohibited from being located within the
ground-floor-frontage portion of a building that is located in the
pedestrian-oriented use district, except for that area along both
sides of the 100 blocks of East and West Beaver Avenue and provided
that no more than 15% of the cumulative building frontages on each
side of the street per block face is so used.
(b)
Retail Financial Institutions: Retail Financial Institutions,
including retail banking offices and brokerages, are allowed as pedestrian-oriented-uses
across the entire district provided that no more than 15% of the cumulative
building frontages on each side of the street per block face is so
used.
(c)
ATMs: ATMs are permitted within the pedestrian-oriented-use
area. However, the following restriction shall apply:
The installation of the ATM shall not reduce the existing glazing
or window area within the ground-floor-frontage of any existing building
by more than 7% and cannot reduce the total square footage of glazing
or window area by more than 12 square feet.
h.
The following use restrictions apply to all ground floor frontages
in buildings located within the area described herein:
(1)
Residential uses of any type are prohibited;
(2)
At least the first 20 feet of a building's depth facing a street
shall be occupied by a use other than parking or residential that
is otherwise a permitted use in the Commercial District at that location.
Driveway and pedestrian accesses to parking areas are allowed in this
twenty-foot area.
i.
The above building ground floor restrictions on residential and parking
uses shall apply in all parts of the following area:
[Ord. 559, 6/20/1959, Section 1002; amended by Ord. 569,
3/8/1960, Section 1; Ord. 597, 8/9/1961, Sections 1 and 2; Ord. 941,
9/11/1978, Section 128; Ord. 974, 4/21/1980; Ord. 992, 1/8/1981; Ord.
1034, 12/10/1982, Section 10; Ord. 1179, 8/10/1987; Ord. 1289, 8/14/1990,
Section 6; Ord. 1317, 3/14/1991, Sections 1, 2 and 3; Ord. 1320, 3/14/1991,
Section 2; Ord. 1371, 5/6/1992, Section 6; Ord. 1409, 4/22/1993, Sections
1 and 2; Ord. 1589, 3/23/1999; Ord. 1797, 11/22/2004, Section 1.;
Ord. 1840, 4/4/2006, Section 27]
Each lot in this district shall comply with the following minimum
requirements, except as otherwise provided:
a.
Lot area.
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Per family:
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One-Family Dwelling: same as in R-4 district.
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Two-Family Dwelling: same as in R-4 district.
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Multiple dwelling: no specified amount.
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Commercial establishments: no specified amount.
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Personal care boarding home for adults: no specified amount.
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b.
Lot width: minimum of 25 feet.
c.
Front yard depth.
(1)
College Avenue (south side), Allen Street (between College and Beaver
Avenues): 18 feet, measured from the curb. Exception: Where a subject
lot is situated between two adjacent lots and each adjacent lot has
a main building situated within five feet of the subject lot=s side
property lines, the front yard depth of the subject lot may be the
average depth of the front yards of the two adjacent lots provided
that:
(2)
Seven and five tenths feet between Calder Way and Beaver Avenue,
measured from the curbline for streets meeting all of the following
criteria:
(a)
Have rights-of-way of 40 feet in width;
(b)
Are located entirely within the Commercial zoning District;
(c)
Have a street length which does not exceed 475 feet;
(d)
Does not extend north of College Avenue or south of Beaver Avenue;
and,
(e)
The depth of the block extending between the said street and
other parallel street is 250 feet or less.
(3)
All other streets: 15 feet, measured from the curb.
d.
Side and Rear Yard Depth (Not Abutting an Alley). Side and rear yards
which do not abut an alley shall be subject to the following yard
depths, except as provided for in Section 502.f(10):
e.
Side and Rear Yard Depth (Abutting an Alley). Side and rear yards
which abut an alley shall be subject to the following required yard
depth, except as provided for in Section 502.f(10) and Section 1803.e(1)
through (3) and 1803.e(5): 10 feet clear and unobstructed to a height
of 14 feet above grade.
The required side or rear yard depth may be reduced to five
feet clear and unobstructed to a height of 14 feet above grade for
yards which abut alleys between College and Beaver Avenues, subject
to the following conditions:
(1)
A five-foot wide sidewalk is constructed to Borough standards along
the full length of the side or rear lot line abutting the alley right-of-way;
(2)
A five-foot utility easement is located in the same area as that
occupied by the sidewalk;
(3)
A clear and unobstructed square space at least 15 feet per side shall
be reserved as a utility easement, the location of which shall be
subject to approval by the Borough Engineer to insure public access;
and,
(4)
Space for refuse collection, as provided for in Section 2001.c.
(5)
On the north side of the intersection of the following alleys and
Calder Way, 25 feet measured from the north right-of-way line of Calder
Way to the building face and extending 25 feet in either direction,
measured from the center line of the intersecting alley:
Cresson Alley; Miller Alley; Kelly Alley; Humes Alley.
f.
Floor Area Ratio. The maximum floor area ratio for structures or
portions thereof in this District used for residential purposes, except
as otherwise provided, shall be:
(1)
Two in that portion of the Commercial District bounded by the east
side of Fraser Street, the west side of McAllister Street and the
north side of Beaver Avenue.
(2)
Two and fifty hundredths in the following portions of the Commercial
District:
(3)
Three in that portion of the Commercial District bounded by the east
side of Sowers Street and the eastern boundary of the Commercial District.
Basement areas and portions of a lot used for required parking
would not be included when calculating the FAR.
(4)
The permitted residential FAR may be increased, as indicated in the
following schedule for housing for the elderly and/or disabled, provided
said housing is maintained as housing for the elderly and/or disabled
for a period of at least 15 years:
(a)
A FAR increase of 1.0 for that portion of the commercial district
with a base FAR of 2.0 for residential uses;
(b)
A FAR increase of 0.75 for that portion of the commercial district
with a base FAR of 2.5 for residential uses; and,
(c)
A FAR increase of 0.50 for that portion of the commercial district
with a base FAR of 3.0 for residential uses.
[Ord. 559, 6/20/1959, Section 1003; amended by Ord. 696,
10/4/1966, Section 1; Ord. 1121, 12/5/1985; Ord. 1261, 11/21/1989,
Section 3; Ord. 1289, 8/14/1990, Section 7; Ord. 1319, 3/14/1991;
Ord. 1409, 4/22/1993, Sections 3 and 4; Ord. 1592, 4/8/1999, Section
1 Ord. 1597, 6/17/1999, Section 1; Ord. 1880, 11/5/2007, Section 4]
The use of sculptured building tops is encouraged in the Commercial
District. Sculptured building tops are intended to promote visual
interest and variety in the commercial district. Enclosure of mechanical
equipment on the roof (and its integration into the design of the
building as a whole) is encouraged. The space or area within the sculptured
top shall be non-habitable. Accordingly, non-habitable sculptured
roof areas, designed to enclose mechanical equipment or to provide
other design features, shall be allowed to extend a maximum of 10
feet above the permitted building height for any building within the
commercial zoning district.
The maximum heights of structures in this district, except as
otherwise provided, shall be:
a.
In those areas bounded by (1) the east side of Burrowes Street, the
south side of College Avenue, the east side of Hiester Street, and
by the north side of Calder Way; (2) the east side of Kelly Alley,
the south side of Calder Way, the west side of Humes Alley, and the
north side of Beaver Avenue; and (3) in that area generally within
a distance of 200 feet westward measured from the west side of the
right-of-way along the 200 block of South Allen Street and 200 feet
eastward measured from the east side of the right-of-way along the
200 block of South Allen Street between the south side of Beaver Avenue
and the north side of Highland Alley: four stories not to exceed 45
feet.
b.
Buildings and structures in all other areas of the C District: 65
feet, except as provided for in Section 503.d(2), Exceptions, and
Section 2001.e(4), Telecommunications Facilities.
[Ord. 1056, 8/3/1983, Section 3{270}; amended by Ord. 1289,
8/14/1990, Section 9; Ord. 1840, 4/4/2006, Section 14 and 15]
a.
Conditional Use. Adult business uses, as defined herein, are permitted
in the C District as a conditional use subject to the specific criteria
expressed herein when approved by Borough Council. In granting its
approval, Council may attach reasonable conditions and safeguards
as deemed necessary to protect the public welfare.
b.
Procedures.
(1)
Submission. Applications for a conditional use permit for an Adult
Business Use shall be made to the Planning Department at least 15
days prior to the public meeting date of the Planning Commission at
which time the application will be received and reviewed. All information
and review fees required by this ordinance shall be submitted with
the application and the application shall be accompanied by a development
plan as prescribed in Section 305.a.
(2)
Council Action. Municipal Council shall receive and consider the
application for the Adult Business together with the report and recommendation
from the Planning Commission at a public meeting to be held within
60 days of receipt of the application. Council shall take action on
the conditional use application within 45 days of the last hearing
before Council. Council shall hold hearings on and decide the request
in accordance with the expressed standards and criteria herein for
Adult Business Uses. Council may attach such reasonable conditions
and safeguards, in addition to those expressed in the ordinance, as
it may deem necessary to protect the public welfare. When the application
is not approved in terms as filed, the decision shall specify the
defects found in the application which have not been met and shall
cite the provisions of the ordinance relied upon. A written notice
of Council's action shall be mailed to the applicant by the Borough
Secretary not later than the day following the decision.
(3)
Termination of a Conditional Use Permit. When the conditional use
permit is authorized by Council, continuation of such use shall be
dependent upon meeting the expressed terms of the permit and the ordinance.
In the event of non-compliance, the conditional use permit shall be
suspended until such time the use is again compliant.
(4)
Modification and Transfer of the Conditional Use Permit. The conditional
use permit may be modified only by action of the Municipal Council
subject to a new public hearing and review. Transfer of the permit
to a new owner or operator is allowed without hearing and shall not
constitute modification provided that compliance is maintained with
the terms of the original approval.
c.
Other Requirements.
All storage and displays shall be located within the building.
All business transactions on the premises shall be conducted
within the building.
No exterior changes, excluding maintenance, to a building proposed
to be used for an adult business use shall be made without the approval
of Borough Council. In no case shall opaque covering of display windows
be permitted.
All new construction shall be in keeping with the scale and
architectural styles of the buildings surrounding the site proposed
for an adult business use.
Not more than one type of Adult Business use, as defined herein,
may operate on any lot.
Advertisements, displays or other promotional materials of specified
sexual activities or specified anatomical areas shall not be shown
or exhibited so as to be visible to the public from the exterior of
the building.
In adult mini-motion-picture theaters, no openings are permitted
through walls separating private viewing booths.
d.
Signs and Other Visible Messages. In addition to the regulations
of the State College Sign Ordinance and applicable state laws, the
following shall apply to all adult business uses:
Sign messages shall be limited to written description of material
or services available on the premises.
Sign messages may not include any graphic or pictorial depiction
of material related to specific sexual activities or specified anatomical
areas.
Adult business uses shall be limited to 20 square feet in sign
area, with lettering on said signs not exceeding four inches in height.
e.
Locational Requirements.
No adult business use shall be located within 1,000 feet of
any other existing adult business use, measured from the property
lines of the lot on which the Adult Business Use is located.
No adult business use shall be located within 250 feet of any
residential zoning district or within 250 feet of the lots on which
the following uses are located:
Churches, monasteries, chapels, synagogues, convents or rectories.
Schools up to and including the 12th grade and their adjunct
play areas.
Public playgrounds, public parks, public swimming pools and
public libraries.
f.
Statement of Ownership. Applications for a conditional use permit
for an adult business use shall include a statement providing specific
information on each individual, partner, limited partner, corporate
officer, corporate director, or corporate stockholder owning more
than 3% of the issued and outstanding stock of a corporate applicant,
comprising the applicant, to include the following:
(1)
Name, residence address and social security number;
[Ord. 1289, 8/14/1990, Section 11.; amended by Ord. 1840,
4/4/2006, Sections 16 and 17]
a.
Standards and Criteria. MVOBs are permitted as a conditional use
in the C District pursuant to the following expressed standards and
criteria:
(1)
Location: MVOBs are permitted within the "C" Commercial District
except within that portion of the district bounded on the west by
the east side of South Burrowes Street and on the east by the west
side of Sowers Street.
(2)
The MVOB uses are permitted only as an accessory to the primary use
of the lot or building.
(3)
Any facility providing services to a motor vehicle in a short period
of time, such as but not limited to gasoline filling stations, self-service
gasoline stations, car washes, etc., is expressly prohibited as a
new MVOB use in the "C" Commercial District.
(4)
Drive-in restaurants are prohibited as a new motor vehicle oriented
business use in the "C" Commercial District.
(5)
Lot area and width shall comply with the minimum standards set forth
for the "C" district.
(6)
All MVOB uses and facilities must be located inside the main building
on the lot.
(7)
Driveways serving an MVOB use shall not be located closer than 150
feet to driveways serving any other MVOB use on adjacent lots. The
distance shall be measured between the nearest edges of the driveways
at the points where they intersect the same public right-of-way, regardless
of which side of the right-of-way the driveways are located.
(8)
Egress from MVOBs shall not intersect with a public right-of-way
closer than 50 feet from any intersection of two or more public rights-of-way.
(10)
No more than one MVOB use is permitted per lot.
(11)
No more than one service window and lane is permitted per MVOB
use.
(12)
A driveway or aisleway shall be provided to serve as a vehicle queuing lane for the drive-through service window. Such queuing lane must conform to the standards set forth in Section 2406 for driveways or Section 2404.b for aisleways. The queuing lane shall provide a minimum length of 70 feet before the service window and 30 feet after the window. These distances shall be located within the confines of the lot where the MVOB use is located.
(13)
MVOB uses shall not generate more than 105 vehicle trips per
day to and from the MVOB site nor shall the MVOB use generate more
than 20 vehicle trips to and from the MVOB site during any sixty-minute
period of operation.
(14)
All utility lines on the site shall be installed underground
or within buildings.
(15)
Council may require curbing, lighting, sidewalks, traffic-control
devices and limitations on the hours of operation to ensure that traffic
generation does not impede the orderly flow of vehicular or pedestrian
traffic or produce unsafe conditions on the premise or adjacent public
rights-of-way.
b.
MVOB Permit Application Procedures.
(1)
Submission. Applications for a conditional use permit for a MVOB
use shall be submitted to the Planning Department at least 15 days
before the date of the public meeting at which the Planning Commission
will receive and review the application. All information and review
fees required by this ordinance shall be submitted with the application
and the application shall be accompanied by a development plan as
prescribed in Section 305.a.
(2)
Council Action. Municipal Council shall receive and consider the
application for the MVOB together with the report and recommendation
from the Planning Commission at a public meeting to be held within
60 days of receipt of the application. Council shall take action on
the conditional use application within 45 days of the last hearing
before Council. Council shall hold hearings on and decide the request
in accordance with the expressed standards and criteria herein for
MVOB Uses. Council may attach such reasonable conditions and safeguards,
in addition to those expressed in the ordinance, as it may deem necessary
to protect the public welfare. When the application is not approved
in terms as filed, the decision shall specify the defects found in
the application which have not been met and shall cite the provisions
of the ordinance relied upon. A written notice of Council's action
shall be mailed to the applicant by the Borough Secretary not later
than the day following the decision.
(3)
Termination of the Conditional Use Permit. When the conditional use
permit is authorized by Council, continuation of such use shall be
dependent upon meeting the expressed terms of the permit and the ordinance.
In the event of non-compliance, the conditional use permit shall be
suspended until such time the use is again compliant.
(4)
Modification and Transfer of the Conditional Use Permit. The conditional
use permit may be modified only by action of the Municipal Council
subject to a new public hearing and review. Transfer of the permit
to a new owner or operator is allowed without hearing and shall not
constitute modification provided that compliance is maintained with
the terms of the original approval.
[Ord. 1145, 7/14/1986, Section 1; amended by Ord. 1159, 12/16/1986;
Ord. 1169, 2/5/1987, Section 1; Ord. 1198, 2/8/1988, Section 19{280};
Ord. 1201, 4/20/1988; Ord. 1231, 11/9/1988; Ord. 1263, 12/8/1989;
Ord. 1284, 7/10/1990, Section 15; Ord. 1289, 8/14/1990, Section 10;
Ord. 1328, 5/8/1991, Sections 1, 2 and 3; Ord. 1329, 5/8/1991; Ord.
1371, 5/6/1992, Sections 1 through 4 inclusive; Ord. 1379, 7/22/1992,
as corrected by Ord. 1389, 9/14/1992; Ord. 1410, 4/22/1993, Section
8; Ord. 1433, 1/6/1994; Ord. 1450, 9/8/1994, Section 3, 4; Ord. 1462,
2/14/1995; Ord. 1521, 2/4/1997; Ord. 1622, 4/3/2000, Sections 1 through
6, 7 and 8; Ord. 1632, 8/30/2000, Sections 1, 2, and 3; Ord. 1687,
11/27/2001, Section 1; Ord. 1787, 7/7/2004; Ord. 1797, 11/22/2004,
Sections 2, 3, and 4; Ord. 1821, 11/9/2005, Section 11, 12 and 14]
Off-street parking shall be provided in accordance with Part
H of this ordinance, except as follows:
a.
Except as provided for in Section 1807.b, c, and d, the number of parking spaces for all adult business uses in the C district shall be an amount equal to or greater than one space per 800 square feet of gross floor area per building devoted to residential use or adult business use. All buildings, or portions thereof, changed from any nonresidential use to a residential use shall meet the parking requirements for residential uses as set forth in Section 2403. Number of Spaces Required in Off-Street Parking Areas, Subsection c of this chapter.
b.
The provision of off-street parking
is not required for:
(a)
Up to 30,000 square feet of gross floor area for buildings or portions
of buildings used for nonresidential purposes, except for adult businesses
as defined in this chapter which must comply with the parking requirement
in a. above, or for outdoor areas used for sales or seating at nonresidential
uses. Except as provided for in (b) below, parking shall be provided
for all building area in excess of 30,000 square feet of gross floor
area used for nonresidential purposes at a ratio of one parking space
per 800 gross square feet of building area.
(b)
Theaters, as defined in this chapter, that are located within 400
feet of a public parking facility with a minimum capacity of 300 vehicles
and that is owned and operated by the Borough of State College or
an authority established by the Borough of State College.
c.
The following common space areas shall be excluded when calculating
the gross floor area to be used in determining the number of parking
spaces required for housing for the elderly and/or disabled the proposed
use:
d.
New residential construction may provide up to 10% of the required
parking through the fee-in-lieu special exception, provided that the
remaining 90% of the required parking is located on the same lot as
the residential use served by the parking.
e.
No zoning permit shall be issued until plans are submitted and approved
showing the provision of the parking required for such construction
by the terms of the Zoning Ordinance, or until arrangements for in-lieu
payments are made with the Borough, if a special exception is granted,
as provided in Subsection f below, except that:
(1)
New residential construction is not eligible, except as provided
for in Subsection 1807.d. above.
(2)
Not more than six off-street parking spaces may be provided through
payment of fees-in-lieu-of providing on-site parking for existing
buildings, or portions of existing buildings, which are reused for
residential purposes.
f.
Special Exception. Recognizing that parking is a major problem in
the downtown area of State College, encompassed in the C district
and CID, that the C district and CID have unique and special needs
different from other zoning districts in the municipality, that the
provision of off-lot public parking may be a more practical way of
meeting the parking needs for uses in the C district and CID, that
the C district and CID are already largely built up and that lot sizes
and shapes cannot be easily altered to meet modern commercial needs,
and that flexibility in meeting the parking needs of the C district
and CID is necessary in order to provide the most practical responses
to meeting the parking and planning needs, the Zoning Hearing Board
is authorized to grant a special exception upon the request of a landowner
to pay in-lieu fees for the provision of public parking in lieu of
providing all or part of the on-lot parking, as required by this ordinance,
except as limited in Section 1807.d and e of this chapter.
(1)
Said special exception shall be granted by the Zoning Hearing Board
according to the following criteria:
(a)
That the number of parking spaces which are or will be available
at existing, or planned, or projected public parking facilities are
or will be adequate to serve the parking needs of the use or structure
on the property involved, as projected at the time the special exception
is granted.
(b)
That the public parking spaces which are or will be available
at existing, or planned, or projected facilities are within a reasonable
walking distance from the property involved so as to serve the parking
needs of the residents, tenants, customers or guests thereof.
(c)
That the Planning Commission has prepared a parking report,
which outlines the plans to provide public parking to serve the needs
of the C district and CID, and that such report has been initially
prepared or updated within three years prior to the application for
special exception.
(d)
That the grant of the requested special exception is not contrary
to the public interest [i.e. will not: (i) increase the danger of
fire or otherwise endanger public safety; (ii) increase traffic congestion;
or (iii) be contrary to the harmony, spirit and purpose of this ordinance.]
(2)
The Zoning Hearing Board is empowered to grant such special exception
for all or only part of the number of parking spaces otherwise required
or as requested by the landowner for in-lieu payment, except as limited
in Section 1807.d and Section 1807.e of this chapter.
(3)
Borough Council shall establish by Resolution the amount of the in-lieu
fee per parking space omitted by such special exception. The amount
of the in-lieu fee may be changed from time to time by Council, based
on the Borough's most recent experience in the cost of providing on-lot
parking spaces in a parking structure in the C district and CID, or,
if this experience occurred more than five years prior to the date
of the application for a special exception, other generally accepted
standards on inflation in the construction industry.
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Special Exceptions:
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(a)
All in-lieu fees paid by landowners shall be accounted for in
a separate fund. Funds shall be used exclusively for:
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•
|
Providing additional parking facilities in the C, CID, R-O,
and UV zoning districts;
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|
•
|
Parking facility renovations that result in a net gain of parking
spaces
|
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•
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Satellite parking facilities.
|
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•
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Transit subsidies.
|
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•
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Pedestrian improvements related to parking facilities.
|
|
•
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Non-routine capital repairs, expansion and/or maintenance of
existing parking facilities.
|
|
•
|
Acquire land for use as a parking facility in the C, CID, R-O,
and UV zoning districts.
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|
•
|
Reimbursing the costs of any parking facility in the C, CID,
R-O, and UV zoning districts that is under construction or has been
completed within one calendar year from the date when the in-lieu
payment is received by the Borough.
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|
Such lots or facilities may be constructed by the Borough and
need not be within reasonable walking distance of properties for which
payments have been made, except in accordance with a phased plan.
|
(b)
It is further the intention of this ordinance that the planned,
shared public parking facilities may provide for parking needs in
a more efficient manner, resulting in fewer total parking spaces than
would be required if provided on-lot by each landowner, so that the
public parking spaces provided by such Borough need not necessarily
equal those for which in-lieu payments have been made.
(4)
In addition to the Comprehensive Plan, the Planning Commission shall
cooperate with the State College Transportation Commission to develop
a parking report for the C district and CID, which outlines the plans
to provide public parking to serve the needs of the C district and
CID over the next seven years and shall update said report every three
years.
(5)
All in-lieu fees collected must be expended or committed to be expended
for the provision of additional public parking facilities within seven
years of receipt of the in-lieu payment required. If said payments
have not been expended or committed to be expended, the amount of
such in-lieu payment, plus interest actually accumulated thereon,
shall be refunded to the then-owner of the property for which the
in-lieu payment was made, whether such owners be the original payor
or a successor owner. The term "expended" or "committed to be expended"
shall be deemed to include, but not limited to, the use of such funds
for: construction, or for the purchase of land, the execution of a
contract for construction or purchase, official action required for
taking land by Eminent Domain, or by expenditure or obligation to
pay for engineering, architecture, or other planning expenses.
(6)
In the application of the criteria for adequate parking facilities
within a reasonable walking distance of applicant's lands, the Zoning
Hearing Board shall consider that the concept for the C district and
CID is to provide public centralized parking.
(7)
If any refunds of in-lieu payments are made after the expiration
of the times stated in Paragraph 6, then such properties for which
in-lieu payments were refunded shall be considered lawful nonconforming
uses or structures insofar as the required parking was not provided
on-lot or in a public facility.
(8)
Upon the grant of a special exception, in-lieu payments shall be
paid in full, in cash, and no zoning permit shall be issued until
the landowner or his agent has deposited such payments in full.
(9)
In the event the boundaries or the area applicable to this special
exception are changed, in-lieu payments received from landowners prior
to said change shall only be used to provide parking within or conveniently
accessible to the area designated for the grant of a special exception
as the area stood when said in-lieu payments were received.
g.
Off-Site Parking. Except as provided in Subsection (1) below, all
uses in the C district and the Commercial Incentive District, may
provide all or part of the required off-street parking on another
lot in accordance with the following criteria:
(1)
All new residential construction in the C district and the CID that
provides any portion of the required parking through the fee-in-lieu
special exception must provide all other required parking on the same
lot as the residential use served.
(2)
All lots providing off-site parking shall be located within the C,
CID, RO, UV, and CP-2 districts and shall be within 400 feet of the
lot for which said parking is required, and, when located in the RO
zone, shall be at least 100 feet from any lot zoned R-2. The distance
between lots shall be measured as the closest point between lot lines;
however, the width of street and alley rights-of-way shall be excluded
from the measurement.
(3)
All lots providing off-site parking, as set forth herein, shall be
and shall remain in the same possession and ownership as that of the
lot containing the use for which the off-site parking is intended
to serve. On approval of the application referred to herein, the owner
shall execute and record, in the Office of the Recorder of Deeds of
Centre County, an appropriate covenant applicable to both of said
lots, the form and content thereof to be approved, prior to such recording,
by the Zoning Officer.
(4)
The total number of parking spaces provided for a use both on- and
off-site shall be not less than the sum of spaces required by this
ordinance for the use.
(5)
Only one off-site lot may be used to provide all or part of the required
off-street parking.
(6)
All applications for a zoning permit for a use which will be served
by off-site parking shall include a development plan, pursuant to
Section 305, for both the lot containing the use and the lot on which
the related off-site parking shall be located. Any future expansions
of a use served by off-site parking, which requires additional parking,
shall be accompanied by a new development plan showing the additional
off-street parking required to serve the expanded use.
(7)
All other regulations of this Ordinance governing off-street parking
shall be met.
[Ord. 1516, 12/23/1996, Section 4]
See Section 707 of this chapter.
[Ord. 1822, 11/9/2005, Section 1; amended by Ord. 1840, 4/4/2006,
Sections 18 and 19; Ord. 1880, Section 2 and 3, 11/5/2007; Ord. 2021,
7/1/2013, Section 1-3; Ord. 2023, 8/19/2013, Sections 1-7; Ord. 2095,
5/1/2017, Section 1]
a.
Use. Land and buildings used for a signature development project
as a conditional use shall meet the following criteria:
(1)
All signature development projects must contain a mix of uses, as
follows:
(2)
The following use restrictions apply to all ground floor areas in
buildings located within the area described herein:
(a)
At least the first 25 feet of a building's depth facing a street
shall be occupied by a use other than parking or residential that
is otherwise a permitted use in the zoning district at that location.
Driveway and pedestrian accesses to parking areas are allowed in this
twenty-five-foot area.
(b)
At least 50% of the commercial space's exterior wall area facing
the street shall be devoted to windows affording view by passersby
into the interior commercial space.
b.
Location: Signature development projects, as defined herein, are
permitted in areas bounded by:
[Amended by Ord. No. 2191, 10/17/2022]
(1)
Parcels zoned Commercial Incentive that are located west of the center
line of Kelly Alley and north of the center line of West Beaver Avenue
(see Figure 1).
(2)
Parcels zoned Commercial Incentive that are located east of the center
line of Humes Alley, south of the center line of Calder Way, west
of the center line of Garner Street and north of the center line of
West Beaver Avenue (see Figure 1).
Figure 1
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(3)
Parcels zoned Commercial Incentive that are located east of the center
line of Garner Street, north of the center line of Calder Way, west
of the center line of Hetzel and south of the center line of East
College Avenue (see Figure 2).
Figure 2
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c.
Standards and Criteria.
(1)
Minimum lot area: 30,000 square feet.
(2)
Minimum lot width: 100 feet on all street frontages.
(3)
Yard depths.
(a)
Except as provided for below in Section (d), the minimum front
yard depth shall be:
(i)
Ground floor, must comply with underlying zoning, except on
corner lots where the setback must comply with special setback requirements
detailed herein.
(ii)
Buildings or portions thereof above a height of 40 feet shall
have an average minimum front yard depth of 25 feet measured from
the curb.
(iii)
Buildings or portions thereof above a height
of 95 feet shall have minimum setback of 30 feet or 1/2 of the street
right-of-way width, which ever is greater.
(iv)
On corner lots, the setback at the corner up to a height of
40 feet shall be determined as a diagonal line intersecting each of
the two front setback lines that are parallel with the curb face.
The diagonal setback line forms the base of an isosceles triangle
with equal sides of 20 feet. The triangles vertex is the point where
the extended parallel lines intersect. (see Figure 3).
[Amended by Ord. No. 2191, 10/17/2022]
Figure 3
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(b)
Side and Rear Yard Depth (Not Abutting an Alley) Side and rear
yards which do not abut an alley be subject to the following yard
depths, except as provided for in Section 502.f(10):
(c)
Side and Rear Yard Depth (Abutting an Alley).
Except as provided for below in Section (d), the minimum side
and rear yard depth where the side or rear abuts an alley shall be:
(i)
Rear - must comply with underlying zoning to a height of 65
feet.
Above 65 feet - 20 feet measured from the property line.
Above 95 feet - 30 feet measured from the property line.
(ii)
Side - must comply with underlying zoning to a height of 65
feet.
Above 65 feet: 20 feet measured from the property line.
Above 95 feet: 30 feet measured from the property line.
(d)
Borough Council, following review by the Planning Commission,
may modify the additional setbacks required for upper floors for buildings
or portions thereof used for commercial, non owner-occupied or owner-occupied
residential uses where:
(i)
The applicant can prove that strict adherence to the minimum
required yards will prevent the construction of a permitted use; or
(ii)
Where the applicant agrees to provide a mid-block pedestrian
connection between College or Beaver Avenues and Calder Way. If no
public sidewalk exists on Calder Way end of the mid-block connector,
the applicant shall install a public sidewalk extending the entire
length of the property's frontage on Calder Way.
The mid-block connection shall:
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(a)
|
Remain open to the public 24 hours per day.
|
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(b)
|
Have a minimum width of 15 feet.
|
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(c)
|
Have a minimum vertical dimension of 20 feet from the grade
of the walkway to the lowest point of any roof or ceiling areas that
extend over the walkway. Light fixtures, projecting signs and other
design elements may extend lower than 20 feet if sufficient pedestrian
clearance is provided, subject to review by the Planning Commission
and approval by Borough Council.
|
|
(d)
|
To the extent possible, remain open to the sky.
|
(iii)
Fifty percent of the frontage of the mid-block connection shall be developed as pedestrian oriented uses as defined in Section 1802 of this chapter. The applicant may satisfy this requirement by providing entrances from the mid-block connection to businesses located within the ground floor of the building.
(4)
Maximum building height: 12 stories, not to exceed 145 feet.
Exception: Street level commercial that proposes over ten-foot
ceiling height and not exceeding 20 feet may increase the building
overall height based on the difference in height over 145 feet to
allow for the street level commercial increased ceiling height.
(5)
Maximum residential floor area ratio: as specified in the underlying
zoning, including any bonuses for owner occupied housing.
[Amended by Ord. No. 2191, 10/17/2022]
(6)
Maximum total building floor area ratio: eight (basement areas and
portions of a lot used for required parking are not included when
calculating FAR).
(7)
Open space - in addition to the area provided by the setbacks, a
minimum of 5% of the lot must be dedicated to open space as specified
herein. Open space may consist of the following:
(8)
Building facade offsets: Long continuous walls in the same plane
and blank walls void of architectural form and detail are undesirable
along street-facing facade walls. Street-facing facade walls designed
to produce shadow lines and visual relief through offsets, projections,
changes in texture and materials, use of recesses including window
and doorways, canopies, and or other architectural features are desirable.
Differential between the ground floor walls at street level and the
walls on floors above is also desirable. Accordingly, the following
visual interest standards shall apply to all walls facing public streets:
(a)
No portion of a building's wall facing any street shall exceed
50 feet in continuous horizontal length in the same plane. The face
of such wall shall be staggered or offset to provide wall segments
that project forward and or backward in order to break the plane by
forming recesses, projections, and/or other displacements. Either
8(a)(1) or and 8(a)(2) below may be selected.
(i)
The minimum displacement required between segments is two feet.
Such offsets may be staggered across individual stories or may be
aligned vertically from floor to floor on walls facing the street.
In either design, the total horizontal line of the offsets per story
shall equal at least 25% of the total horizontal wall length facing
the street and shall extend vertically for the whole wall height of
that story. Offsets or wall segments may be summed to meet the 25%
requirement. No offset is required on walls facing alleys or yards
not abutted or yards not abutted by street lines.
(ii)
The displacement required between segments may be achieved by
utilizing solid and glazed materials in building facade finishes.
Such offsets may be staggered across individual stories or may be
aligned vertically from floor to floor on walls facing the street.
In either design, the total horizontal line of offsets, per story,
shall be distributed along the horizontal wall length(s) facing the
street and shall extend vertically for the whole wall height of that
story. This offset is required on all visible building facades facing
streets, alleys and access easements.
(b)
In addition to offsets, the ground floor of all nonresidential
facades facing public streets shall have a separate architectural
treatment distinguishing it from the floor immediately above by using
architectural features that create visual interest and shadow lines.
These features may include elements such as arcades, display windows,
recessed or projected entry areas, projecting awnings, canopies, and
projecting overhangs. The cumulative length of these features shall
equal or exceed 60% of the building's horizontal facade length at
street level. These features may be used individually or in any combination
that distinguishes the ground floor from the floor above. In some
cases these variations may extend beyond ground floor and distinguish
the higher floors where there is the same desired architecture of
the lower floor.
(9)
Building materials: Use of vinyl siding and untextured concrete block
or other untextured veneers is prohibited.
(10)
Parking. Signature development projects must comply with the
parking requirements of the zoning district in which they are located,
except as provided below.
Parking incentives in the commercial incentive zone may be used
for signature development projects located in that zoning district.
Required parking may be reduced for building square footage
used for following purposes:
(a)
Lobbies, foyers, elevators, mechanical areas, halls, and stairwells;
[Amended by Ord. No. 2191, 10/17/2022]
(b)
An additional 20,000 square feet of gross floor area designated
for commercial uses on the application for a signature development
conditional use permit provided the signature project site is located
on the same block as a municipally owned and operated public parking
structure.
As part of the conditional use permit review, any new development under the Signature Development Projects requirements may enter into a lease or use agreement with a minimum duration of 29 years that shall be renewable in perpetuity to provide parking to meet Section 1854 Parking Requirements on and/or off the development site.
Parking provided in an off-site facility must be within 400
feet of the use served. The four-hundred-foot requirement does not
apply to valet parking that is established with an agreement in place
for a minimum of 29 years that shall be renewable in perpetuity.
A minimum of one parking space must be provided for each owner-occupied residential unit on the development site. Rental Housing shall meet the parking requirements of Section 1854. Parking Requirements.
(11)
As part of the conditional use permit review, a curb cut may
be installed along Beaver Avenue for hotel or theater use, subject
to the following conditions:
(a)
Any existing curb cut on Beaver Avenue on a parcel owned by
the applicant and part of the conditional use application shall be
closed.
(b)
Only one curb cut is permitted per block face within the permitted
signature development project area.
(c)
There must be a 250 feet separation between curb cuts per side
of Beaver Avenue within the permitted signature development project
area.
(d)
Curb cuts must be designed to accommodate only ingress movements.
(e)
Egress from the site must be onto a municipal street or alley.
(f)
Driveways and/or patron loading and unloading accessed via the
curb cut must contain two travel lanes.
(g)
An analysis of the traffic impacts of the curb cut prepared
by a qualified professional shall be included with the application
for the conditional use and an agreement by the applicant to implement
mitigation measures to address the deficiencies of the curb cut. The
cost to implement the mitigation measures shall be borne by the applicant.[1]
[1]
Editor's Note: Former Subsection c(12), regarding non-owner-occupied
housing that is part of the Signature Development Project, which immediately
followed this subsection, was repealed 10-17-2022 by Ord. No. 2191.
d.
Procedures.
(1)
Submission. Applications for a conditional use permit for Signature
Development shall be submitted to the Planning Department at least
15 days before the date of the public meeting at which the Planning
Commission will receive and review the application. All information
and review fees required by this ordinance shall be submitted with
the application and the application shall be accompanied by a development
plan as prescribed in Section 305.a.
(2)
Council Action. Municipal Council shall receive and consider the
application for the Signature Building use together with the report
and recommendation from the Planning Commission at a public meeting
to be held within 60 days of receipt of the application. Council shall
take action on the conditional use application within 45 days of the
last hearing before Council. Council shall hold hearings on and decide
the request in accordance with the expressed standards and criteria
herein for Signature Development Uses. Council may attach such reasonable
conditions and safeguards, in addition to those expressed in the ordinance,
as it may deem necessary to protect the public welfare. When the application
is not approved in terms as filed, the decision shall specify the
defects found in the application which have not been met and shall
cite the provisions of the ordinance relied upon. A written notice
of Council's action shall be mailed to the applicant by the Borough
Secretary not later than the day following the decision.
(3)
Termination of a Conditional Use Permit. When the conditional use
permit is authorized by Council, continuation of such use shall be
dependent upon meeting the expressed terms of the permit and the ordinance.
In the event of non-compliance, the conditional use permit shall be
suspended until such time the use is again compliant.
(4)
Modification and Transfer of the Conditional Use Permit. The conditional
use permit may be modified only by action of the Municipal Council
subject to a new public hearing and review. Transfer of the permit
to a new owner or operator is allowed without hearing and shall not
constitute modification provided that compliance is maintained with
the terms of the original approval.
[Ord. 2062, 7/6/2015]
a.
Purpose. The purpose and intent of the Collegiate Housing Overlay
is to add value to the downtown and community by requiring projects
to incorporate first floor commercial space, maintenance of pedestrian
access, increased residential FAR and building height.
b.
Location. Collegiate Housing Overlay projects, as defined herein,
are permitted in areas bounded by:
(1)
Parcels zoned Commercial that are located east of the center line
of Hetzel Street, north of center line of East Calder Way, west of
the center line of High Street and south of the center line of East
College Avenue (see map below).
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c.
First Floor Commercial Requirement. Buildings must provide first
floor commercial in order to be eligible for the overlay maximum build
outs in Section 1811.d.
d.
Maximum Building Height, Stories and Residential. When first floor
commercial is provided, each parcel shall be eligible to develop a
structure not to exceed the maximum building height, stories and FAR
identified below:
Maximum building height: 76-84 feet (variation depends on height
of ground floor commercial use).
Maximum building stories: seven stories.
Maximum residential FAR: 4.0.
e.
Parking Requirements. Off-street parking shall be provided in accordance
with Section 1807.b.
f.
Bicycle Parking. For developed sites within the Collegiate Overlay,
the following provisions for minimum bicycle parking spaces shall
apply.
(1)
Multifamily sites: one space per every two units.
(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 but not
exceeding the Zoning Ordinance Part K Lighting standards.
[Ord. 2062, 7/6/2015]
a.
Purpose. The purpose and intent of the Collegiate Housing Overlay
is to add value to the downtown and community by requiring projects
to incorporate first floor commercial space, maintenance of pedestrian
access, increased residential FAR and building height and stories.
Collegiate Housing Overlay Incentives/Bonuses will offer development
incentives for increased indoor bicycle parking, use of high quality
building materials, commercial space, energy efficiency benchmarks,
and surface parking alternatives and owner-occupied housing.
The incentives/bonuses can only be pursued if Section 1811 Collegiate Housing Overlay is met.
b.
Location. Incentives/Bonuses Collegiate Housing Overlay projects,
as defined herein, are permitted in areas bounded by:
(1)
Parcels zoned Commercial that are located east of the center line
of Hetzel Street, north of center line of East Calder Way, west of
the center line of High Street and south of the center line of East
College Avenue (see map below).
|
c.
Maximum Allowance using the Incentives/Bonus Schedule. Each parcel
shall be eligible to earn one or more bonuses, not to exceed the maximum
building height, stories, residential FAR and parking reduction identified
below:
Maximum building height: 102 feet.
Maximum building stories: nine stories.
Maximum residential stories: seven stories.
Maximum residential FAR: 5.0.
Maximum parking reduction: One incentive may be selected to reduce parking in addition to the reductions permitted in Section 1807.
d.
Incentives/Bonus Schedule. All of the incentives listed in Table
1 are described in detail below. In order for the incentive to qualify
for the bonuses, the incentive shall meet or exceed the criteria described
below. (Each parcel shall be eligible to earn one or more bonuses,
not to exceed the maximum building height and stories identified in
Section 1812.c):
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Table 1
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|---|---|---|---|---|
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Incentives:
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Bonus: Increase in Building Height
|
Bonus: Increase in Floor Area Ratio (FAR) for Residential Use
|
Bonus: Maximum Reduction in Required Parking
| |
|
(1)
|
Indoor Protected Bicycle Parking
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10%
| ||
|
(2)
|
Above Ground Floor Commercial
|
1 story (not to exceed 14 additional feet)
|
1.0
| |
|
(3)
|
Green Building
|
1.0
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20%
| |
|
(4)
|
Underground Parking
|
1 Story (not to exceed 11 additional feet)
|
Each underground parking space is equal to 1.5 spaces in a surface
or above-grade structure
| |
|
(5)
|
A least two levels of structured parking above ground within
the building footprint
|
1 Story per two levels of parking (not to exceed 11 additional
feet)
| ||
|
(6)
|
Owner-Occupied
|
Up to 2 stories (not to exceed 22 additional feet)
|
1.0
|
20%
|
(1)
Description of Incentives. All of the incentives listed in Table
1 above are described in detail below. In order for the incentive
to qualify for a bonus, the incentive shall meet or exceed the criteria
described below.
(a)
Indoor Protected Bicycle Parking. Indoor protected bicycle parking
spaces are secure facilities that protect the entire bike against
theft and against inclement weather. These facilities include but
are not limited to bike lockers, check-in facilities, monitored bike
parking, restricted access parking and personal storage. To qualify
for this bonus, applicant must provide at least the minimum required
spaces per Section 1811.f, and 75% of these spaces must be provided
in a protected facility. These spaces must be clearly distinguishable,
and described on a site plan, from other required bike parking, which
may be in the form of exterior racks/storage areas. The bicycle parking
cannot be provided within the units.
(b)
Above Ground Floor Commercial. Any building achieving more than
one floor dedicated to nonresidential use, will be eligible for one
additional floor of height to provide an additional story of commercial
use. Only one additional story of height can be achieved using this
bonus, with a maximum of 14 feet for the story. The total permitted
height of the first floor, plus an additional floor of nonresidential
cannot exceed 34 feet.
(c)
Green Certified.
(i)
Any building designed and constructed following the currently
applicable Leadership in Energy and Environmental Design (LEED) Green
Building Rating System. This includes major renovations to existing
buildings as defined in the applicable LEED Green Building Rating
System. To qualify for this bonus, a building must obtain the minimum
number of points through the LEED certification process to receive
designation as a Silver Certified Building or higher (or equivalent
level of certification).
(ii)
Any application for a bonus to increase building FAR through
the green certified incentive must include a LEED Project Checklist
for New Construction and Major Renovations, or successor checklist
that identifies those credits that will be utilized to obtain the
required LEED certification.
(iii)
Any applicant that intends to obtain a bonus
allowing increased building FAR or a reduction in parking requirements
as per the incentives/bonus schedule must post a performance bond
with the Borough of State College as surety that the building will
receive the appropriate level of LEED certification or higher. State
College Borough Council shall establish the amount of this performance
bond by Resolution following receipt of a land development plan. State
College Borough will retain this bond in an Environmental Sustainability
Improvement Fund following receipt of a land development plan.
(iv)
Conditional occupancy maybe granted prior to receipt of documentation
from the US Green Building Council (USGBC) or a USGBC certified professional
that the Silver or higher LEED certification has been awarded if a
USGBC certified professional reviews the completed construction and
notifies the Planning Department the building has been constructed
based on the submitted application to USGBC.
(v)
Upon Receipt of Documentation from the US Green Building Council
(USGBC) or a USGBC certified professional that the appropriate level
of LEED certification has been awarded to the applicant, State College
Borough will return the bond, with any accrued interest, to the applicant.
Failure to obtain the appropriate level of LEED certification within
a period of one year from the date of the issuance of the certification
of occupancy will result in forfeiture of the performance bond and
accrued interest. The applicant may request the Borough Manager or
his/her designee extend this certification period for a period of
not to exceed two years. Said extension must include documentation
that all materials necessary to obtain certification have been submitted
to USGBC. State College Borough shall use any forfeited performance
bond funds on projects to increase the environmental sustainability
of community facilities in State College Borough.
(d)
Underground Parking. Parking located at street level reduces
opportunities to utilize this valuable space for activities that increase
street life. Locating parking in subsurface facilities expands the
total building volume available for commercial and residential development.
To qualify for the bonus, a minimum of 65% of the total project parking
must be provided in subsurface facilities.
(e)
Structured Parking within a building footprint. Parking located
at street level reduces opportunities to utilize this valuable space
for activities that increase street life. Locating parking in structured
facilities expands the total building volume available for commercial
and residential development. However, site constraints and geology
may interrupt the ability to develop subsurface parking. To qualify
for the bonus, at least two levels of parking must be provided above
the ground level within the footprint of the primary development.
For each two levels of parking in an above ground structure, an additional
one story of residential or commercial uses may be developed.
(f)
Owner-Occupied Housing. Owner-occupied residential refers to
dwelling units that are a residence of the legal or beneficial owner.
Any project pursuing designation as an owner-occupied residential
project must establish a home-owners or condominium association and
incorporate appropriate provisions in its association by-laws to insure
that the use of the property is for owner occupied dwellings, including
limitations on leasing units. The by-laws of the home-owners 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 home-owners or condominium
association. To qualify for this bonus, 100% of the residential units
proposed must be designated and used as owner occupied and include
a covenant to ensure this use.
[Ord. 2062, 7/6/2015]
a.
Purpose. The purpose and intent of the Collegiate Housing Overlay Project as a Conditional Use is to expand upon the overlay and the incentives/bonus table in the Collegiate Housing Overlay by allowing for additional development capacity through the conditional use process. The conditional use requiring projects to require building facade enhancements, aesthetically pleasing materials, high-quality building design and increased tenant diversity. In order to qualify for the conditional use both the overlay and the incentives/bonuses must be followed as prescribed in Sections 1811 and 1812. In order to qualify for the conditional use, a minimum residential FAR of five must be achieved and the maximum stories in Section 1813.d.
b.
Use. Land and buildings used for a Collegiate Housing Overlay project
as a conditional use shall meet the following criteria:
(1)
Buildings used as churches or places of religious worship or instruction
are exempt from this requirement.
(a)
Residential uses not exceeding the permitted FAR for residential,
including professional/graduate housing bonuses.
(2)
The following restrictions apply to all ground floor areas in buildings
located within the Collegiate Housing Overlay:
(a)
Residential uses of any type are prohibited.
(b)
At least the first 25 feet of a building's depth with street
frontage shall be occupied by a use other than parking or residential
that is otherwise a permitted use in the zoning district at that location.
(c)
Pedestrian access to parking areas are allowed in this twenty-five-foot
area. Vehicular access is prohibited in this twenty-five-foot area.
(3)
At least 50% of the commercial space's exterior street frontage shall
be devoted to windows affording view by passersby into the interior
commercial space.
c.
Standards and Criteria. The following standards apply to Collegiate
Housing Overlay Project as a Conditional Use:
(1)
Minimum lot area (square feet): 15,000.
(2)
Minimum lot width (on all frontages): 90 feet.
(3)
Front yard depth (on all frontages): same as underlying zoning.
(4)
Side and rear yards shall comply with the underlying zoning in the
Commercial District.
(5)
Ground Floor Commercial. Ground floor commercial space required.
d.
Maximum Allowance using the Incentives/Bonus Schedule. Each parcel
shall be eligible to earn additional development capacity by utilizing
the Conditional Use process, but may not exceed the maximum building
height, stories, residential FAR and parking reduction identified
below:
(1)
Maximum building height: 120 feet.
(2)
Maximum building stories: 10 stories only when Section 1813.k Collegiate
Housing - Professional Housing is followed but only one floor of such
residential use is achieved in the building.
(3)
Maximum building stories: 11 stories only when Section 1813.k Collegiate
Housing - Professional Housing is followed and two floors of such
residential use is achieved in the building. Maximum of one story
for each floor permitted.
(4)
Maximum Residential FAR: seven only when two floors of Section 1813.k
Collegiate Housing - Professional Housing is followed. Maximum of
one FAR increase for each floor permitted up to a total increase of
two FAR.
(5)
Maximum parking reduction: two additional parking reductions can be selected as part of the Collegiate Housing Overlay Projects after the one incentive selected from Table 1812.d is calculated as part of Section 1812.
(6)
Maximum development permitted as part of the conditional use process
can be increased to 124 feet and 11 stories if the following conditions
are followed:
e.
Building Facade Offsets. Long continuous walls in the same plane
and blank walls void of architectural form and detail are undesirable
along street-facing facade walls. Street-facing facade walls designed
to produce shadow lines and visual relief through offsets, projections,
changes in texture and materials, use of recesses including windows
and doorways, canopies, and/or other architectural features are desirable.
Differential between the ground floor walls at street level and the
walls on floors above is also desirable. Accordingly, the following
visual interest standards shall apply to all walls facing public streets
in the Collegiate Housing Overlay:
(1)
No portion of a building's wall with street frontage shall exceed
50 feet in continuous horizontal length in the same plane. The face
of such wall shall be staggered or offset to provide wall segments
that project forward and/or backward in order to break the plane by
forming recesses, projections, and/or other displacements. Either
(1)(a) and (1)(2) below may be selected.
(a)
The minimum displacement required between segments is one foot.
Such offsets may be staggered across individual stories or may be
aligned vertically from floor to floor on walls facing the street.
In either design, the total horizontal line of the offsets per story
shall equal at least 25% of the total horizontal wall length facing
the street and shall extend vertically for the whole wall height of
that story. Offsets or wall segments may be summed to meet the 25%
requirement. No offset is required on walls facing alleys or yards
not abutted by street lines.
(b)
The displacement required between segments may be achieved by
utilizing solid and glazed materials in building facade finishes.
Such offsets may be staggered across individual stories or may be
aligned vertically from floor to floor on walls facing the street.
In either design, the total horizontal line of offsets, per story,
shall be distributed along the horizontal wall length(s) facing the
street and shall extend vertically for the whole wall height of that
story. This offset is required on all visible building facades facing
streets, alleys and access easements.
(2)
In addition to offsets, the ground floor of all nonresidential facades
facing public streets shall have a separate architectural treatment
distinguishing it from the floor immediately above by using architectural
features that create visual interest and shadow lines. These features
may include elements such as arcades, display windows, recessed or
projected entry areas, projecting awnings, canopies, and projecting
overhangs. The cumulative length of these features shall equal or
exceed 50% of the building's horizontal facade length at street level.
These features may be used individually or in any combination that
distinguishes the ground floor from the floor above. In some cases
variations may extend beyond ground floor and distinguish the higher
floors where there is the same desired architecture of the lower floor.
(3)
Borough Council, following review by the Design Review Board and
Planning Commission, may accept an alternative facade design per Section
1810d.(8)(a)(i) or (a)(ii) and (b) for residential and mixed use buildings.
f.
Corner Expression Guidelines.
(1)
Corner conditions that offer no opportunities for pedestrian activity
and are void of architectural form are undesirable. It is desirable
to promote a node for pedestrian activity through high-quality architectural
design at corners. Accordingly, parcels located on corners in the
Collegiate Housing Overlay are subject to corner expression guidelines.
The area regulated by these guidelines is defined as the following:
(2)
Buildings which fall into this defined area shall have the following
visual interest standards:
(a)
Any architectural overhangs occurring above the ground floor
must be at least 13 feet above grade in the designated area.
(b)
A maximum of 20% of the gross area on the ground floor in the
defined area shall be interior space.
(c)
At least one entrance to the building must occur within, or
directly adjacent to, the defined area at street level.
(d)
The cumulative length of architectural features listed in Section
1810.c(8)(b) shall equal or exceed 80% of the building's horizontal
facade length within the defined area up to a height of 45 feet above
street level.
g.
Building Materials. Use of vinyl siding and untextured concrete block
or other untextured veneers is prohibited.
Ground floor commercial up to and including the fourth floor
that fronts on a street shall not be permitted to contain synthetic
stucco. The remaining floors facing the street shall not exceed 50%
coverage of synthetic stucco. The use of synthetic stucco on the remaining
floors facing alleys and yards is permitted.
h.
Parking. Collegiate housing overlay projects must comply with the parking requirements of the zoning district in Section 1807, except as provided below:
i.
Off-site Parking Standards.
(1)
Parking provided in an off-site facility must be within 400 feet
of the use served and is under control of the property or has entered
into a ninety-nine-year lease arrangement for use of the parking spaces.
(2)
The four-hundred-foot requirement does not apply to valet parking
that is established with an agreement in place for a minimum of 29
years that shall be renewable in perpetuity.
j.
Fee-In Lieu Parking.
(1)
New residential construction is eligible for fee-in-lieu parking
after the incentive/bonus table parking reductions as noted in Section
1813.d are applied, provided that:
(a)
Lot size and location restricts ability to comply with parking
requirements of this section, up to 30% of the required parking may
be provided as fee-in-lieu provided that the remaining 70% of the
required parking is located on the same lot as the residential use
served by the parking.
(b)
Not more than six off-street parking spaces may be provided
through the fee-in-lieu-of special exception for existing buildings,
or portions of existing buildings, which are reused for residential
purposes.
(c)
That the fee-in-lieu requested is not contrary to the public
interest (i.e. will not: (i) increase the danger of fire or otherwise
endanger public safety; (ii) increase traffic congestion; or (iii)
be contrary to the harmony, spirit and purpose of this ordinance.)
(d)
No zoning permit shall be issued until plans are submitted and
approved showing the provision of the parking required for such construction
by the terms of the Zoning Ordinance.
(e)
In-lieu payments shall be paid in full, in cash or cash equivalent,
and no zoning permit shall be issued until the landowner or his agent
has deposited such payments in full.
(f)
Borough Council shall establish by Resolution the amount of
the in-lieu fee per parking space omitted. The amount of the in-lieu
fee may be changed from time to time by Council, based on the Borough's
most recent experience in the cost of providing on-lot parking spaces
in a parking structure, or other generally accepted standards in the
construction industry.
(g)
Special Conditions:
i.
All in-lieu fees paid by landowners shall be accounted for in
a separate fund. Funds shall be used exclusively for:
1.
Providing additional parking facilities in the C, CID, R-O,
and UV zoning districts.
2.
Parking facility renovations that result in a net gain of parking
spaces.
3.
Satellite parking facilities.
4.
Transit facility improvements including but not limited to signage
and transit stop amenities within 1,000 feet of the development site.
5.
Pedestrian improvements related to parking facilities.
6.
Non-routine capital repairs, expansion and/or maintenance of
existing parking facilities.
7.
Acquire land for use as a parking facility in the C, CID, R-O,
and UV zoning districts.
8.
Reimbursing the costs of any parking facility in the C, CID,
R-O, and UV zoning districts that is under construction or has been
completed within one calendar year from the date when the in- lieu
payment is received by the Borough. Such lots or facilities may be
constructed by the Borough and need not be within reasonable walking
distance of properties for which payments have been made, except in
accordance with a phased plan.
ii.
It is further the intention of this ordinance that the planned,
shared public parking facilities may provide for parking needs in
a more efficient manner, resulting in fewer total parking spaces than
would be required if provided on-lot by each landowner, so that the
public parking spaces provided by the Borough need not necessarily
equal those for which in-lieu payments have been made.
iii.
All in-lieu fees collected must be expended or committed to
be expended for the provision of additional public parking facilities
within seven years of receipt of the in-lieu payment required. If
said payments have not been expended or committed to be expended,
the amount of such in-lieu payment, plus interest actually accumulated
thereon, shall be refunded to the then- owner of the property for
which the in-lieu payment was made, whether such owners are the original
payor or a successor owner. The term "expended" or "committed to be
expended" shall be deemed to include, but not limited to, the use
of such funds for: construction, or for the purchase of land, the
execution of a contract for construction or purchase, official action
required for taking land by Eminent Domain, or by expenditure or obligation
to pay for engineering, architecture, or other planning expenses.
1.
In-lieu payments shall be paid in full, in cash or cash equivalent,
and no zoning permit shall be issued until the landowner or his or
her agent has deposited such payments in full with the Borough.
2.
If any refunds of in-lieu payments are made after the expiration
of the times stated in (c), then such properties for which in-lieu
payments were refunded shall be considered lawful nonconforming uses
or structures insofar as the required parking was not provided on-
lot or in a public facility.
k.
Collegiate Housing - Professional Housing. Any project pursuing this
section use may do so as part of the conditional use review provided
the items listed below are included in the project. This will allow
the Collegiate Housing Overlay Project to increase the non-owner occupied
residential FAR by 1.0 per floor to a maximum of 2.0 FAR, and allow
for a maximum of 11 floors when two floors of the building provide
for Professional/Graduate Residential housing.
(1)
Professional/Graduate Residential refers to dwelling units that are
a residence of a non-student or graduate student. Any project pursuing
this incentive must provide:
(a)
Provide a copy of the lease prior to occupancy that notes the
occupancy limitations on these units and provide a copy annually to
the Borough Planning Department.
(b)
Annual affidavit by owner and property manager of the building
that the units are occupied by non-students or graduate students.
(c)
Allow for the Borough Planning Department to perform an annual
audit and inspection of the Professional/Graduate Residential units.
(d)
Covenant established for this use shall run with the land and be attached to the land. The Borough shall be empowered to terminate occupancy of the unit in violation and obtain injunctive relief in a court of competent jurisdiction enjoining future occupancy of the unit while the violation of the covenant occurs. At the discretion of Borough, the occupancy of the unit shall be terminated for six months and for each violation thereafter there will be no discretion and the occupancy of the unit will be terminated to be occupied for six months. Violations of this ordinance shall be punishable as provided by Part I, Remedies, Penalties and Validity, of Chapter XIX, Zoning. All covenants must be approved by the Borough Solicitor and be recorded with the Centre County Recorder of Deeds and referenced on the 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. Covenant language shall include access to review records for non-student status of residents.
(e)
Provide a marketing plan that demonstrates the non-student units
will be marketed to graduate and non-student populations and be resubmitted
every three years from date of full occupancy. The units shall be
on separate floor (preferably upper-most units) and shall occupy the
entire floor area (including special amenities).
(f)
Provide a long-term management plan for on-site uses, with special
emphasis on mitigating potential impacts on neighboring properties,
such as, cameras, full time on-site manager and daily plan to mitigate
refuse outside the building. As part of this management plan, the
applicant must provide a copy of its lease document.
(g)
No more than 25% of total professional residential units may
contain four or more bedrooms.
(h)
Professional/Graduate units shall be limited to no more than
two unrelated persons may occupy any bedroom; no more than two unrelated
persons per studio/efficiency; no more than five unrelated persons
per dwelling unit.
(i)
The building contains a nonresidential public space that can
be used by residents and/or nonresidents for activities such as a
public market, community center, gathering space, group meeting rooms,
etc., for which a program is described in the building's marketing
plan. This public space may be on the ground floor but cannot be on
the floors devoted to the professional housing.
[Ord. 2062, 7/6/2015]
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 additional building stories or increased floor area above the base zoning or a reduction in required parking based on the incentive/bonus zoning scheme under Section 1812 and 1813.
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 units associated with the additional building stories or increased
floor area and are identified in the covenant and to obtain injunctive
relief in a court of competent jurisdiction enjoining future 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 the Centre County Recorder of Deeds and referenced on the 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. 2062, 7/6/2015]
a.
Termination of a Conditional Use Permit. When the conditional use
permit is authorized by Council, continuation of such use shall be
dependent upon meeting the expressed terms of the permit and the ordinance.
In the event of non-compliance, the conditional use permit shall be
suspended until such time the use is again compliant.
b.
Modification and Transfer of the Conditional Use Permit. The conditional
use permit may be modified only by action of the Borough Council subject
to a new public hearing and review. Transfer of the permit to a new
owner or operator is allowed without hearing and shall not constitute
modification provided that compliance is maintained with the terms
of the original approval.
