[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1475, 8/29/1995, Section 1, 2 and 3; Ord. 1574, 8/20/1998, Section 3; Ord. 1635, 10/5/2000, Section 2-6; Ord. 1644, 12/18/2000; Ord. 1709, 10/15/2002, Sections 5, 6, 7, and 10; Ord. 1854, 10/16/2006, Section 6]
Land development in the UV District shall be effected pursuant to the standards specified in Sections a through k below.
However, in order to further the purposes of the UV district, the Flexible Incentive Zoning (FIZ) system was established. The FIZ provides an option to development under the base standards. Base standards that may be modified through FIZ are identified through the notation "Incentives Apply."
a. Lot Coverage:
(1) Twenty-five percent of a lot may be covered by buildings and other structures. Incentives Apply.
(2) Open Space. The minimum open space required on a lot for a given use shall be the percentage of the lot's area as listed below. When a lot has more than one use, the minimum open space required shall be that listed for the higher use. When a change in use is proposed, the open space for the new use shall equal or exceed that listed on the table below for the new use. Any required landscape material that dies shall be replaced. Incentives apply.
Multiple-family dwelling: 30%.
One- and two-family dwelling and all other residential use: 25%.
Nonresidential uses: 10%.
b. Buffer Yards. The buffer yard is a unit of land together with the landscaping and/or fencing prescribed in the buffer yard table. The buffer yard shall be placed between uses located on separate, but abutting, lots. The amount of land and the amount of landscape material prescribed for each buffer yard requirement are designed to mitigate nuisances between adjacent land use intensity classifications based on the Land Use Intensity System presented in Section 1927.b(5) of this chapter. All off-street parking areas within the District shall comply with the buffer yard requirement according to the Land Use Intensity System. The perimeter screening requirements of Part
H, Section 2404.i, of this chapter shall not apply. Incentives apply.
(1) Buffer yards shall be located between the uses required to be buffered and may extend across side and rear property lines. Buffer yards shall not be required in any front setback. Buffer yards shall not be located on any portion of an existing or dedicated public or private street.
(2) Walls or fences may be substituted for all or a portion of the understory trees, shrubs or evergreens in Buffer yards A and B (see Buffer Yard Tables). When used as a substitute, a wall or fence must be view restrictive, not less than six feet nor more than 8.5 feet in height, extend from the front building line the entire length of the rear and side property line, and be constructed of wood, brick, stone or other approved equivalent material.
Walls of detached garages built pursuant to Section 1927.c(1) may be credited toward meeting the buffer yard requirement provided they are constructed of an approved material.
(3) The following procedure shall be used to determine the type of buffer yard required between two uses located on separate but abutting parcels:
(a) Identify the land use class of the proposed use by referring to the Land Use Intensity System [see Section 1927.b(5)].
(b) Identify the land use class of all existing uses located on separate but abutting lots by referring to the Land Use Intensity System [see Section 1927.b(5)].
(c) Determine the buffer yard required between uses by referring to Buffer Yard Tables A, B and C of this Part.
(d) When a mixed use is proposed for a lot, the buffer yard required shall be that required by the most intensive of the uses proposed.
(4) Responsibility for buffer yard:
(a) When land development is proposed for a lot, the developer shall provide a buffer yard as prescribed on the Buffer Yard Table according to the Land Use Intensity System.
(b) The buffer yard may be located entirely on the lot being developed or in combination with the buffer yard located on an abutting lot. In no case shall the buffer yard between the use on the lot being developed and the use on any abutting lot be less than that prescribed by the Buffer Yard Table on the Land Use Intensity System.
(c) Where a buffer yard exists on an abutting lot its area and material may be applied to meeting the buffer yard requirement between the use being developed and the existing use on the abutting lot. In such cases, the prescribed buffer yard on the lot being developed may be reduced by the amount of buffer yard that exists on the abutting lot.
(d) Existing plant material, berms, walls and fences located on a lot which meet the requirements of this ordinance may be counted as contributing to the total buffer yard required.
(e) Should a change in use of a lot result in a lessening of a buffer yard requirement, the buffer yard or portion thereof on the lot where the change in use occurs may be reduced to meet the lesser requirement. If this reduction causes the buffer yard to become deficient for a use on an abutting lot with a more intensive land use classification, the buffer yard or portion thereof on the affected lot shall be increased, as necessary, to meet the buffer yard for that use as prescribed in the Buffer Yard Table.
(5) Land Use Intensity System:
Class I: |
| Parks |
| One-family Dwellings |
| Gardening/Cultivation |
| Vacant Lots |
Class II: |
| Two-family Dwellings |
| Group Homes |
Class III: |
| Churches |
| Business and Professional Offices and Services |
| Art Galleries, Studios and Museums |
| Libraries |
| Tourist Homes |
| Bed-and-breakfast Establishments |
| Studios for Instruction in Music and Performing Arts |
| Clinics |
| Child Care Facilities |
| Photographic Studios |
| Boarding or Rooming Houses |
| Funeral Homes |
| Retail Shops, Restaurants and Cafes |
| Housing for the Elderly |
| Personal Care Boarding Homes |
| Personal and Business Services |
| Nursing and Convalescent Homes |
| Playgrounds |
Class IV: |
| Multifamily dwellings |
| Fraternity or Sorority Houses |
| Performing Arts and Community Centers |
| Clubs, Organizations |
| Schools (Public and Private) |
| Food and Convenience Stores |
Class V: |
| Research and Development Facilities |
| Coin-operated Laundry Facilities |
| Off-Street Parking Areas |
| Public Utility and Service Structures |
| Assembly |
| Light Industry and Manufacturing |
| Warehouses |
(6) Buffer yard requirement:
Buffer Yard Table |
|---|
Land Use Intensity Class of Proposed Development | Land Use Intensity Class on Abutting Lot(s) |
|---|
I | II | III | IV | V |
|---|
Class I | N/A | N/A | A | A | B |
Class II | N/A | N/A | B | B | B |
Class III | B | B | B | B | B |
Class IV | C | C | B | A | B |
Class V | C | C | B | B | A |
Bufferyard "A" Table  |
Bufferyard "B" Table  |
Bufferyard "C" Table  |
(7) Landscape Material Standards. All landscape material planted to comply with buffer yard requirements shall meet or exceed the following standards at the time of planting:
Canopy trees shall have a caliper of two inches measured at a point six feet above grade.
Understory and evergreen trees shall be six feet in height.
Shrubs shall be 2.5 feet in height.
c. Lot width and yards:
Lot width: sufficient to meet required yards.
Front yard setback, all structures: 15 feet, except as provided for in Section 502.f.(7).
Side yard setback, all structures, except as provided for herein: 20 feet in total, with no side yard.
(1) Detached private garages are permitted in the side yard, provided that they shall not be placed closer than five feet to any side lot line and shall not be placed closer than 50 feet to the cartway of any street.
(2) Two abutting property owners may erect a common garage across or abutting upon a common lot line in the rear or side setback area provided that the property owners supply the Zoning Officer with a written agreement, duly recorded with the Centre County Recorder of Deeds, for the erection of such structure.
(3) Accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in side and rear yards, provided that they shall not be placed closer than five feet to any lot line and shall not be placed closer than 50 feet to the cartway of any street.
Rear yard setback, except as provided for in Section c(3) above, all structures . . .
(a) Not abutting an alley: 15 feet.
Incentives Apply.
(b) Abutting an alley: 7.5 feet.
All required setbacks shall be planted according to land use intensity system.
(4) Exceptions to Setback and Buffer Yard Requirements. Any structure in existence at the effective date of this ordinance which does not conform to minimum setback or buffer yard requirements may be used for any use permitted in the UV District provided all other requirements are met. However, new or relocated exterior doorways or other means of building egress shall not be permitted along building walls adjacent to streets, alleys, driveways, or off-street parking areas unless the doorway or other means of egress itself is set back 7.5 feet or more from the edge of the street or alley right-of-way line or from the edge of the driveway or off-street parking area. When a change in use is proposed, any existing exterior doorway or other means of egress that does not meet the minimum setback as described above shall be relocated to achieve setback compliance before the change in use occurs. Buffer yard requirements shall be met to the greatest extent possible whenever the use of a building is changed from one use classification to another use classification permitted in the UV District.
d. Height. The maximum height of structures in this District, except as otherwise provided for in Section 503.d.(2), shall be:
(1) For any lot, or portion thereof, located within 75 feet of the northern boundary of the District, 65 feet, except that the maximum height of any portion of a structure located within 15 feet of an alley is limited to two stories, not to exceed 30 feet.
(2) For the remainder of the District, three stories, not to exceed 35 feet, except that the maximum height of any portion of a structure located within 15 feet of an alley is limited to two stories, not to exceed 30 feet.
e. Building Size. No building or group of attached buildings may be larger than 3,000 square feet in gross floor area. Basement areas are not included when calculating gross floor area. Incentives Apply.
f. Separation Between Buildings. Where two or more buildings are to be located on the same lot, the distance between said buildings shall be not less than 10 feet, measured at their closest point.
g. Nuisance Standards. All uses of land and structures shall be prohibited which:
(1) Produce heat, smoke, odors, dust or vibration which offends a person of reasonable sensibilities;
(2) Involve explosive materials or processes, or create special fire hazards;
(3) Produce glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting perceptible beyond the lot line;
(4) Produce electromagnetic radiation or radioactive emissions which exceed applicable local, state or federal standards;
(5) Produce noise levels which violate the State College Noise Ordinance (Chapter
V, Part
A of the Codification of Ordinances) or its successor;
(6) Air conditioners, ventilation, heating units and similar devices of eight tons or greater heating or cooling capacity that emit sound that is plainly audible beyond the property boundary, shall be required to apply current "best engineering practice for noise mitigation and control" sound mitigation techniques to reduce the sound to the extent feasible.
h. Outdoor Storage. All outdoor storage of fuel, raw materials and products, except finished products for retail sale to the public, shall be screened from view from any public right-of-way and residential zoning District by a sight-obscuring evergreen planting or a fence or wall constructed of wood, brick, stone or other approved equivalent material.
i. Lighting. Except as provided for herein, all outdoor lighting shall comply with Part
K of this chapter. When outdoor areas are lighted (including parking areas), the fixtures, standards, and all exposed accessories shall be chosen to be in character with the design of neighboring buildings and streetscape. Backlit awnings and internally illuminated signs are prohibited in the UV zoning district.
j. Parking. Required parking for uses in the UV District may be provided on site, off site or through a combination of on and off site. When a change in use is proposed, the parking for the new use shall equal or exceed the amount of parking required for that use as listed in Section 2403.c. Any prior deficiency existing in the number of parking spaces provided for the former use shall not be credited or applied toward meeting the required parking for the new use.
Exception. Recognizing that two primary purposes of the UV District are to (1) create a village atmosphere with pedestrian-oriented uses and (2) provide opportunities for adaptive reuse of historic buildings along West College Avenue through uses that foster pedestrian orientation, and recognizing that parking is not needed for small-scale pedestrian-oriented restaurants, the following parking exception is created:
Cafes or restaurants within the UV District shall be exempted from providing parking, as required by Section 2403.c, provided the cafe or restaurant meets all of the following criteria:
• | The combined total number of all inside and outside seats does not exceed 50; |
• | The floor area of the interior seating area does not exceed 700 square feet; |
• | There are no exterior service windows for providing food or beverages; |
• | Alcoholic beverages are not sold at the premises, but patrons may bring their own alcoholic beverages for consumption at the premises; |
• | There shall be no more than one restaurant or cafe per lot; and |
• | Hours open for business are restricted to between 6:00 a.m. and midnight. |
Cafes or restaurants that do not meet all of the above criteria shall comply fully with parking, as required in Section 2403.c and the other provisions of Section 1927.j. |
(1) Design and Access of Parking Areas.
(a) Except for perimeter planting (Section 2404.i), paving material (Section 2404.f), and parking areas that open directly onto an alley (Section 2406.b(9), all off-street parking areas shall comply with design standards of Part
H of this chapter.
(b) Off-street parking areas, whether a primary or accessory use, must meet the buffer yard requirement according to the land use intensity system.
(c) In order to increase permeability to stormwater, off-street parking areas may be surfaced with brick, paver blocks, cobblestones, wood blocks or other similar material spaced not more than one inch apart. Incentives Apply.
(d) Use of alleys and shared driveways for access and egress to a lot is encouraged. Access from private streets shall be permitted only with the written approval of the owner of the private street. Location and number of access points shall otherwise conform to the requirements of Part
H of this chapter. Incentives Apply.
(2) Off-Site Parking. The total number of parking spaces provided for a use in both on-and off-site parking areas shall not be less than the sum of spaces required for said use in Part
H of this chapter. Off-site parking may not be located on any public right-of-way.
Off-site parking is permitted, provided the lot used for off-site parking is located within 400 feet of the commercial or retail use served or 900 feet of the residential use served. All distances shall be measured from the closest points of the lot used for the off-site parking and the lot containing the use or uses which the off-site parking serves.
All lots used for off-site parking shall be located in the UV, U or C Districts.
All lots used for off-site parking shall comply with the applicable design standards of this section and Part
H of this chapter.
All off-site parking shall be and shall remain under the control of the owner or operator of the use which the off-site parking is intended to serve. On approval of a land development plan which relies on off-site parking to provide all or a portion of the required parking, the owner or operator of the said use shall execute and, where appropriate, record, in the Office of the Recorder of Deeds of Centre County, an appropriate covenant, deed, lease or other binding agreement that guarantees the availability of the off-site parking for the use or uses it is intended to serve. Said covenant, deed, lease or other binding agreement shall be approved by the Planning Department and noted on the land development plan prior to the recording of said land development plan.
k. Cap on Residential Use. Residential uses may be established anew or expanded within buildings that are, at the effective date of this ordinance, larger than 3,000 square feet in gross floor area (excluding basement floor area), provided all other applicable zoning regulations for the change in use or expansion of use are met. However, the maximum gross floor area (excluding basement floor area) permitted for residential use in such building shall not exceed 3,000 square feet plus 50% of the building's gross floor area in excess of 3,000 square feet.
Example: |
5,000 | square feet of gross floor area of existing building |
-3,000 | square feet |
2,000 | square feet in excess 3,000 square feet |
x.5 | |
1,000 | square feet |
+ 3,000 | square feet |
4,000 | square feet residential use |
l. Historic Properties. One of the principal purposes of the UV District is the preservation and restoration of the buildings located therein, which is part of the Holmes-Foster/Highlands National Register Historic District and which have been identified as having state and local historical significance.
(1) Notice Prior to Demolition, Removal or Razing. All owners of structures included in the Historic Resources of the Centre Region, prepared in 1982 by the Centre Regional Planning Commission, listed on the National Register of Historic Buildings or included as a contributing structure in an existing or formally proposed National Historic Register District, must give public notice prior to the demolition, removal or razing of such building or any portion thereof. This notice shall be given no less than 90 days prior to issuance of the permit for demolition. The notice of demolition shall be made to the adjacent property owners by United States' certified mail; posted on the property on which the structure is located (using a sign provided by the Borough); posted on the public bulletin board at the State College Municipal Building; and placed in the paper of general circulation within the Borough. The Applicant, before starting notice procedure, must schedule a meeting with the Zoning Officer to review the applicant's plans for the notice and provide a copy of the notice to the Zoning Officer. Following is a sample notice to be used:
NOTICE OF DEMOLITION OF A HISTORIC STRUCTURE |
Public Notice is hereby given that this property has a building that is listed or eligible for listing on the National Register of Historic Places; is a contributing structure in a National Register Historic District; or is listed in the Historic Resources of the Centre Region prepared in 1982 by the Centre Regional Planning Commission and is proposed to be demolished in whole or in part. The property in which the Historic Structure is located is at ____________________, Tax Parcel Number ___________. The type of structure, or part thereof, to be demolished is ____________________. The purpose of this notice is to give the residents an opportunity to contact the owner and to point out other options to possibly prevent the demolition of a historic resource of the Borough of State College. It is the owner's intent to start demolition of this structure on |
_____. For more information on this demolition, you can contact the Borough Zoning Officer at 118 South Fraser Street, State College, PA 16801 or by telephone (814) 234-7193, TDD (814) 234-7110. The owner's name and address are: ____________________. |
m. Signs. See Section 127 of Chapter
XV for sign regulations applicable in the UV.