[Added 6-30-2020 by Ord.
No. 903]
In expansion of the declaration of legislative intent contained in Article I, § 475-2, of this chapter and the statement of community development objective contained in Article I, § 475-4, of this chapter, it is hereby the intent of this Article IXA with respect to the MU Mixed-Use Overlay District to encourage the development of property with mixed commercial and residential uses and to provide reasonable standards and requirements associated with such mixed use to provide more flexible housing options for residents and to revitalize the commercial viability of the Borough. The MU Mixed-Use Overlay District is intended to provide a combined space where residents can live, work and play within the Borough.
The MU Mixed-Use Overlay District shall be a special overlay district that applies to those properties identified on the Zoning Map, as amended herein. Article IXA includes provisions to supplement and enhance the existing underlying district regulations for certain land areas and zoning districts. The provisions of the underlying zoning district regulations shall apply if the land area is developed in accordance with the underlying zoning district. The provisions of Article IXA shall apply if the land area is developed in accordance with the MU Mixed-Use Overlay District. To whatever extent the provisions of this Article IXA are inconsistent with other provisions of this chapter, the standards outlined in this section shall supersede the requirements elsewhere in this chapter. The underlying requirements shall apply to the extent they are not inconsistent with the provisions of the MU Mixed-Use District.
A.
In the MU Mixed-Use Overlay District, a building may be erected,
altered or used, and a lot may be used or occupied, for any of the
following uses:
(1)
Multifamily dwellings, including, but not limited to, apartment
building, low-rise apartment, mid-rise apartment, and/or condominium.
(2)
Hotel.
(3)
Service and/or personal service.
(4)
Office.
(5)
Child day-care center and/or nursery school.
(6)
Bank and/or other financial institution, without drive-through
facilities.
(7)
Dance, art, photography and/or music studio.
(8)
Medical, dental and/or surgical office and/or clinic.
(9)
Pharmacy, without drive-through facilities.
(10)
Retail sales.
(11)
Restaurants, taverns and/or fast-food restaurants, without drive-through
facilities.
(12)
Brewery pub, limited winery, and/or limited distillery, with
attendant eating and/or drinking facilities.
(13)
Recreational use, including, but not limited to, indoor recreation
facility, community center, outdoor recreation facility, fitness center,
health club, exercise facility, spa and/or other similar uses.
(14)
Boat house for the launching, storage, repair and service of
boats and watercraft intended for recreational use on the Schuylkill
River. Repair, service and/or sale of commercial boats and watercraft
is prohibited.
(15)
Movie theater, theater, performing arts center, other event
space, and/or other similar uses.
(16)
Accessory use on the same lot with and customarily incidental
to any permitted use.
(17)
Parking garage as an accessory use to multifamily dwellings
and/or commercial use.
(18)
Mixed-use structures containing any combination of the uses
permitted herein.
B.
Adult use is not permitted in the MU Mixed-Use Overlay District.
The following regulations shall apply to development in the
MU Mixed-Use Overlay District:
A.
Tract area, setbacks, coverage, building separation and mix of uses:
(1)
Minimum tract area: 15 acres.
(2)
Maximum building coverage: 30% of tract area.
(3)
Maximum impervious coverage: 75% of tract area.
(4)
Maximum building and structure height: 65 feet, excluding rooftop
canopies, awnings and unenclosed roofs serving recreational uses and
rooftop mechanical equipment that is screened from view with appropriate
fencing.
(5)
Minimum separation between buildings: 25 feet, unless a greater
separation distance is required by the most recent edition of the
International Fire Code as reviewed and approved by the Borough Fire
Marshal.
(6)
Maximum floor area ratio (FAR): 0.5. (NOTE: Any development
plan for which an applicant seeks approval shall demonstrate compliance
with the FAR requirement set forth herein. If the development plan
is recorded in phases, each recorded phase of the development need
not meet the FAR requirements, provided that the development plan
for the entire tract remains compliant with the required FAR.)
(7)
Mix of uses: residential maximum, 80% of FAR; nonresidential
maximum, 40% of FAR.
B.
Residential density. Notwithstanding the maximum permissible residential FAR set forth in Subsection A(7) above, in no case shall residential density exceed a maximum of 18 units per acre of tract area.
C.
Sewer and water facilities. The tract shall be served by public sewer
facilities and public water facilities.
D.
Utilities. All new utility lines shall be placed underground.
E.
Parking space dimensions. Parking stall dimensions, regardless of
the angle of the parking stall, shall be a minimum of 18 feet in depth
and nine feet in width.
F.
Shared parking. Multiple uses on a tract within the MU Mixed-Use Overlay District may elect to share common parking facilities in accordance with the requirements set forth in § 475-117 (Common parking facilities) of this chapter.
G.
Common open space. A minimum of 15% of the tract area shall be designated
for common open space for a development in the MU Mixed-Use Overlay
District. Common open space should include public gathering spaces
and publicly accessible riverfront trails. A common open space maintenance
plan detailing provisions for the maintenance and regulation of common
open space shall be submitted with the final land development plan
for review and approval by Borough Council.
H.
Lighting. Outdoor light shall be permitted in the MU Mixed-Use Overlay District in accordance with the criteria set forth in § 475-32 of this chapter.
J.
Pedestrian connectivity. Developments within the MU Mixed-Use Overlay
District shall include interconnecting pedestrian paths and walkways
throughout the tract to encourage pedestrian movement. Amenities such
as benches or other furniture, trash receptacles, bicycle racks and
streetlights shall be utilized along pedestrian paths and walkways.
Development tracts fronting the Schuylkill River shall provide a publicly
accessible trail along the riverfront side of the development at least
10 feet in width with two-foot shoulders on both sides set within
a twenty-foot-wide trail easement where no existing publicly accessible
riverfront trail exists. This trail shall be designed to accommodate
emergency response vehicles and fire trucks. The materials utilized
for the trail shall be resilient to flooding and shall be designed
to accommodate pedestrian foot and bicycle use for an extended period
of time. Developments within the MU Mixed-Use Overlay District shall
include pedestrian connection to adjacent roadway networks and to
any county or municipal trail abutting a development.
K.
Trash disposal areas. All exterior common storage areas for trash
disposal shall be completely screened from view on three sides by
fencing or landscaping. All trash and rubbish shall be contained in
verminproof containers.
L.
Nuisance controls. Developments within the MU Mixed-Use Overlay District shall comply with the nuisance control requirements set forth in § 475-69 of this chapter.
M.
Traffic impact study. A traffic impact study prepared by a qualified
professional traffic engineer utilizing trip generation data set forth
in the most recent edition of the Trip Generation Standards published
by the Institute of Transportation Engineers and prepared in accordance
with PennDOT's Policies and Procedures for Transportation Impact Studies,
found in PennDOT's Publication 282, Appendix A, dated July 2017 or
later, shall be provided to the Borough for review with the preliminary
land development application. The traffic impact study shall contain,
at a minimum, the following elements:
(1)
Traffic impact on all Borough roadways, intersections and interchanges
reasonably anticipated to be impacted by the proposed development;
(2)
Impact to pedestrian and bicycle movements along roadways, sidewalks,
pedestrian paths, trails and intersections anticipated to be impacted
by the proposed development;
(3)
Description of traffic characteristics of the proposed development;
(4)
Traffic volumes for average daily traffic at peak hours (as
calculated pursuant to the Trip Generation Standards), before and
after proposed development;
(5)
Origin and destination analysis of projected traffic;
(6)
Documentation of improvements proposed to mitigate any adverse
impact.
N.
Architectural review. An architectural sketch and building elevations
shall be provided by the applicant for review and approval by Borough
Council prior to final land development plan approval.
P.
Riverfront buffer. Existing trees having a caliper of 12 inches or
more at breast height within the FEMA 100-year floodplain, as may
be amended from time to time, shall be maintained, with the exception
of dead trees, diseased trees or physically compromised trees that
may be at risk of falling. Trees removed due to death, disease or
physical compromise shall be periodically replaced as needed to maintain
the riparian character of the area abutting the Schuylkill River.
Q.
Signage. The following types of signs shall be permitted in the MU
Mixed-Use Overlay District:
(1)
Individual business signs. Individual business signs are permitted
as follows:
(a)
One or more signs affixed or otherwise represented upon a building.
Maximum total area of all individual business signs affixed or otherwise
represented upon a building shall be two square feet for every linear
foot of building frontage for each use. No sign affixed or otherwise
represented upon a building shall extend above the building.
(2)
Multiple directory signs. A sign listing the names of various
business or professional establishments within a defined contiguous
area to be erected primarily as a service to the motoring or the pedestrian
public shall be permitted, subject to the following regulations:
(a)
If two or more commercial establishments are constructed, erected
or operated under a common development plan, one ground or freestanding
sign for each street frontage shall be allowed identifying the development
and the individual tenants.
(b)
Such signs shall be located on a property serviced by the sign.
(c)
Such signs shall be ground signs or freestanding signs only.
(d)
Such signs shall be limited in number to one per street frontage per Subsection Q(2)(a) above, plus a total of not more than three internal multiple directory signs per development.
(e)
The respective permitted areas of information on multiple directory
signs shall be limited to no more than 40 square feet per business
listed, provided that the total sign area does not exceed 150 square
feet.
(f)
Multiple directory signs shall be located a minimum of 10 feet
from the street curb.
(g)
Multiple directory signs shall be located a minimum of 15 feet
from the nearest paved edge of any street access driveway intersection.
(h)
Multiple directory signs shall not extend above a height of
25 feet.
(3)
Overhanging signs. A sign attached to and approximately perpendicular
to a wall of a building or other structure shall be permitted, subject
to the following provisions:
(a)
A building or structure may have one overhanging sign per use
on each street frontage.
(b)
The sign area of any overhanging signs shall be included in the calculation of maximum permitted sign area for individual business signs affixed or otherwise represented on a building in accordance with Subsection Q(1)(a) above. The maximum area of an overhanging sign shall be 20 square feet per side. The total area of both sides of the overhanging sign shall be included in the calculation of total sign area permitted under Subsection Q(1)(a).
(c)
The lowest part of any overhanging sign or of any support thereof
which extends over any street, sidewalk, alley or other public way
in the Borough shall be at least 10 feet above the level of the walk
or public way over which it extends; and the highest part of any such
overhanging sign or support thereof which extends over any street,
sidewalk, alley or other public way in the Borough shall not exceed
a maximum height of 65 feet from ground level to the top of the sign;
provided, however, that in no event shall the top of the sign exceed
the level of the roofline of the building to which it is attached.
(d)
No overhanging sign or its attachment shall extend beyond the
building for a distance greater than six feet measured perpendicularly
from the face of the building; provided, however, that in no event
shall a sign or its attachments extend beyond 75% of the sidewalk
width.
(e)
Any overhanging sign extending over any public sidewalk, street,
alley or other public place must be securely fastened and constructed
so that there will be no danger of the same being dislodged by wind
or falling from any other cause. Any overhanging sign shall be anchored
so as to withstand gusts of wind of 100 miles per hour or sustained
winds of 70 miles per hour, as certified in writing and sealed by
a Pennsylvania registered professional engineer.
(4)
Illumination. Signs may be internally or externally illuminated,
subject to the National Electrical Code and to the following regulations:
(a)
No sign shall have flashing, intermittent, animated or revolving
illumination.
(b)
External floodlighting of any property must be so shielded that
the source of light shall not be visible from any point off the lot
on which the sign, building, structure or area being illuminated is
situated, and so that only the sign, building, structure or area is
illuminated thereby.
(5)
Digital signs. Digital signs, including changeable copy signs
and electronic signs, shall be permitted in all locations, under the
same requirements as permanent signs.
(6)
Message display of a digital sign abutting a public road or
street shall comply with the following requirements:
(a)
No digital sign may contain text which flashes, pulsates, moves,
or scrolls. Each complete message must fit on one screen.
(b)
The content of a digital sign must transition by changing instantly
(e.g., no fade-out or fade-in).
(c)
The length of time each message may be displayed on a digital
sign before changing is based upon the visibility and posted speed
limit unique to individual signs and adjacent road conditions, but
shall be no less than eight seconds. The following method should be
used to calculate the minimum message duration for digital signs:
[1]
Determine the greatest distance (feet) from which
the sign becomes visible on the road the sign is primarily intended
to serve. If a sign is intended to be seen from more than one roadway,
the road with the lower posted speed limit shall be used.
[2]
Multiply the road's posted speed limit (miles per
hour) by 5,280, and then divide by 3,600 to obtain the speed limit
in feet per second.
[3]
Divide the visibility distance by the speed limit
(feet per second).
[4]
Add an additional 10% of this number to the total.
[5]
The resulting amount of time is the minimum permitted
message duration in seconds, provided that it is no less than the
minimum of eight seconds.
(d)
Text in digital signs shall have a minimum height of 10 inches.
(e)
The digital sign shall contain a default design which shall
freeze the sign message in one position if a malfunction should occur.
