[Ord. 1821, 11/7/2005; amended by Ord. 1876, 8/6/2007, Section
3 and 4]
a. Permitted uses and use restrictions as described in Sections 1801
and 1802 are applicable except that Motor Vehicle Oriented Businesses
and Adult Businesses as provided for in Section 1802 are expressly
prohibited.
b. The following use restrictions apply to the ground floors of buildings
within the Commercial Incentive District, except in that portion of
the district west of Atherton Street:
(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 Incentive district
at that location. Driveway and pedestrian access to parking areas
are allowed.
(3) At least 50% of the commercial space's exterior wall area facing
a street shall be devoted to windows affording pedestrian view into
the interior commercial space.
c. Pedestrian-oriented-Uses, subject to the terms and conditions specified
in Section 1802.g. (except for location which is as specified below),
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 Incentive District:
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Both sides of the 100 block of West Beaver Avenue and the north
side of the 100 block of East Beaver Avenue
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Both sides of the 100 block of Fraser Street
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Both sides of the 100 block of Pugh Street
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Buildings and structures: 65 feet (maximum), except as provided
for in Section 503.d(2), Exceptions, Section 1855, Incentives, and
Section 2001.e(4), Telecommunications Facilities.
[Ord. 1821, 11/9/2005; amended by Ord. 2023, 8/19/2013, Sections
4-5]
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.
(1) 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.
(2) 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.
Off-street parking shall be provided in accordance with Part
H of this ordinance, except as follows:
a. The number of required parking spaces for all residential uses shall
be the amount specified under Section 2403.c for the given use. Except
as provided in section b. below, the amount of parking required for
nonresidential uses shall be equal to or greater than one space per
800 square feet of gross floor area per building. All buildings or
portions thereof changed from a nonresidential to residential use
shall meet the parking requirements for residential uses listed in
Section 2403.c.
b. The provision of off-street parking is not required for:
(1) Up to 30,000 square feet of gross floor area per building or portion
thereof including outdoor sales areas used for nonresidential purpose,
except for adult businesses as defined in this chapter. Except as
provided for in (2) 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 the ratio of one parking space per 800
gross square feet of building area and outdoor sales area.
(2) Theaters, as defined in this chapter, within 400 feet of a public
parking facility with a minimum capacity of 300 vehicles owned and
operated by the Borough of State College or an authority established
by the Borough of State College.
c. New residential construction is not eligible for fee-in-lieu parking,
except that up to 10% of the required parking may be provided 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.
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, or until arrangements for in-lieu
payments are made with the Borough, if a special exception is granted,
as provided in Subsection 1854.f, except that:
e. 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.
f. In-lieu parking is permitted in the CID as a special exception pursuant
to the provisions of Section 1807.f.
[Ord. 1821, 11/9/2005; amended by Ord. 2023, 8/19/2013, Section
8]
a. Purpose. The purpose and intent of these incentives is to promote
ground floor commercial uses, mixed uses, owner-occupied housing,
increased public amenities, energy efficient building design and construction,
and superior building design in the Commercial Incentive Zoning District.
[Amended by Ord. No. 2205, 6/5/2023]
Table 1
Incentives/Bonus Schedule
(Each Incentive shall be eligible to Earn One or More Bonuses)
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Bonus - Increase in Building Height
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Bonus - Increase in Floor Area Ratio (FAR) for Residential Use
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Bonus - Reduction in Required Parking
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Incentives (Building)
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Front Building Setback = 25 feet or more
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1 story (not to exceed 10 additional feet)
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20%
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Green Certified
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1 story (not to exceed 10 additional feet)
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10% - 20%
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Underground Parking
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1 story (not to exceed 10 additional feet)
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Each underground parking space = 1.5 spaces in a surface lot
or above grade structure
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Incentives (Uses)
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Owner Occupied
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Up to 2 stories (not to exceed 20 additional feet)
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1.0
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30%
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Street Level Commercial where not required
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1 story (not to exceed 10 additional feet)
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20%
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Mixed Use (as defined in b(6) below)
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Up to 3 stories (not to exceed 10 additional feet per story)
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b. Description of Incentives. All of the incentives listed in Table
1 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.
(1) Front Setback Increase. To qualify for incentives, the building shall
be set back 25 feet or more as measured from the curb face along all
sides of the lot having street frontage. Incentives under this option
may also be received when the front setback increase is achieved using
an averaging method. Under the averaging method, the front setback
line does not have to be a uniform distance from the curb face, but
the total square footage of the setback area provided must equal or
exceed the total square footage of setback area that would otherwise
be achieved using the uniform twenty-five-foot setback from the curb
face. Under this option, no portion of the building shall be set back
less than 15 feet, and the overall area requirement is gained by increasing
the setback farther than 25 feet at other portions of the building.
On corner lots, the minimum setback using the averaging method
shall not be less than 25 feet from the curb face within a distance
of 45 feet measured from any corner formed by the curb intersections
of two streets. Beyond 45 feet, the setback may be reduced to 15 feet
provided the area requirement under the averaging method is met.
(Note: The front setback under the base zoning standard is 15
feet for nonresidential uses except for parking and 25 feet for residential
and parking uses and all uses above 40 feet.)
(2) Green Certified. 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 a
minimum of 26 points through the LEED certification process. The following
bonuses are available: 26 through 32 points . . .a 10% reduction in
required parking, 33 through 38 points . . . one additional story
plus a 10% reduction in required parking; 39 or more points . . .
one additional story plus a 20% reduction in required parking.
(3) 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 FAR bonus, 75% of the required parking must be
provided in subsurface facilities.
(4) Owner-Occupied Residential. 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. To qualify for this bonus, 100% of the
residential units proposed must be designated and used as owner occupied.
(5) Street Level Commercial. This incentive does not apply in that portion
of the commercial incentive district described in Section 1852.b where
residential and parking uses are limited on the ground floor of a
building.
To be used as an incentive the street level portion of the building
facing the street shall meet all of the following criteria: (1) the
use within the building's street level commercial area shall be retail,
service, office, restaurant, theatre, or any combination therein;
(2) the area dedicated to the commercial use shall not be less than
25% of the building's ground floor area and shall abut the exterior
wall or walls facing the street; (3) the minimum depth of the commercial
area as measured from the exterior perimeter wall facing the street
shall be 25 feet; and (4) 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.
(6) Mixed Use. A mixed use is a building that contains non-residential
uses in combination with residential uses where the residential use
is located above the ground floor or that contains two or more non-residential
uses. Non-residential uses can be commercial, retail, personal service,
professional service, restaurant, office, lodging, or other non-residential
uses (except for parking) permitted in the district. To qualify for
this bonus, non-residential uses must occupy the entire floor area
(excluding space devoted to circulation and HVAC systems) of a story
within the building. The following bonuses are available: one additional
floor for each floor of non-residential use up to a maximum of three
additional floors.
[Amended by Ord. No. 2205, 6/5/2023]
c. Maximum Bonus. The following height, residential FAR and reductions
in required parking shall not be exceeded regardless of the number
of incentives provided:
[Amended by Ord. No. 2191, 10/17/2022]
Maximum building height: 95 feet.
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Maximum residential FAR: 3.0.
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Maximum reduction in required parking: 30%.
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[Ord. 1821, 11/9/2005; amended by Ord. 1840, 4/4/2006, Section
20]
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 1855.
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 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.