[Amended 8-12-1987 by Ord. No. 87-221]
In addition to the general goals in § 425-2, the districts established in this regulation are intended to achieve the following:
A. 
To provide sufficient space in appropriate locations with public water and sewer service for the types of commercial and service establishments anticipated in the Comprehensive Plan.
B. 
To provide appropriate space for the requirements of present-day merchandising, including the provisions of off-street parking spaces, safe circulation of pedestrian and motor traffic in the district and in nearby areas.
C. 
To promote the most desirable use of land and pattern of building development in accordance with a well-considered plan, to promote stable commercial development, to protect the character of the commercial area and nearby districts and to conserve the value of land and buildings.
D. 
To provide a means whereby the Township may, from time to time, redesignate certain areas for planned commercial uses according to commercial needs.
[Amended 1-13-1993 by Ord. No. 93-297; 12-10-1997 by Ord. No. 97-354; 7-16-2008 by Ord. No. 2008-498; 11-2-2011 by Ord. No. 2011-533; 3-27-2013 by Ord. No. 2013-548]
A. 
Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to provide commercial and other permitted facilities to serve primarily the needs of the local residents, including automotive-oriented facilities, neighborhood-type facilities and general convenience needs.
B. 
Use regulations.
(1) 
Uses by right. In any C-1 District, land and structures may be used for only the uses shown in Table 425-16B.
(2) 
Accessory uses are shown in Table 425-16B.
C. 
Prerequisites for review and approval use. All uses shall comply with the provisions of § 425-63, Site plan requirements and procedures, and Chapter 310, Stormwater Management, to issuance of a permit to occupy or use the lot.
D. 
Area and bulk regulations. The regulations shown in Table 425-16D shall be observed.
(1) 
Additional area and bulk regulations are as follows.
(a) 
Front setback: 70 feet. (As an alternative, the setback may be reduced to no less than 50 feet upon approval of a site plan which provides a rear yard of sufficient size so that the sum of the setback and rear yards is at least 100 feet.)
(b) 
Side yards: 15 feet minimum for each. (As an alternative, the Patton Township Planning Commission may recommend and the Patton Township Supervisors may approve the consolidation of side yards for a property located in a C-1 Commercial District so that one side yard is eliminated but the resulting side yard must be a minimum of 30 feet. Such a conditional approval would be based on a certified statement that abutting property owners will develop abutting properties simultaneously, using the same style or types of architecture and the same types of construction materials.)
(c) 
Rear yards: 30 feet, except upon approval of a site plan as provided in the setback section above. Screening shall be provided at the rear yard, along a ten-foot buffer strip measured from the rear property line.
E. 
Off-street parking requirements. See § 350-49.
F. 
Off-street loading regulations. See § 425-62.
G. 
Design standards. The following shall be applicable in all C-1 Commercial Districts:
(1) 
Screening shall be provided along all property lines as follows:
(a) 
In all front yard areas, canopy shade trees shall be planted at thirty-foot intervals on average. Shrubs shall be planted between the canopy trees.
(b) 
Screening in side and rear yards shall be based on the zoning of the adjacent property according to Table 425-16G.
(c) 
Applicants are encouraged to utilize existing vegetation to meet the screening requirements. Following the completion of a tree inventory, existing woodland areas may be used to address the landscaping/screening requirements for setback areas. All trees that are to be used to meet the requirements of this section (whether planted or preexisting), however, must have a caliper no less than 2.5 inches measured six inches above the root ball. Invasive species, as defined by Appendix B of the I-99 Overlay District regulations (Ordinance No. 2001-388),[1] may not be planted or counted towards meeting any landscaping requirements.
Table 425-16G(1)
Adjacent Zoning District
Required Plantings Per 100 Linear Feet of Buffer
Type
Amount
Agricultural and residential districts
Canopy trees
4
Understory trees
6
Shrubs
24
Evergreens
12
All planned community, university and planned airport districts
Use appropriate twenty-five-foot buffer yard standard from Tables 3, 4 and 5
All natural resources districts
Canopy trees
2
Understory trees
4
Shrubs
6
All commercial and industrial districts
Canopy trees
2
Understory trees
4
Shrubs
6
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(d) 
To allow flexibility in the preparation of screening plans, the following exchange ratios may be utilized by the applicant:
Table 415-15G(2)
Substitution
Equal To
2 understory
1 canopy
1 canopy
2 understory
2 evergreen
1 canopy
1 evergreen
5 shrubs
1 understory
3 shrubs
(e) 
Where differing requirements are imposed by this subsection on screening and by other sections requiring landscaping, the requirements of this subsection shall take precedence.
(2) 
Storage, landscaping, access and traffic control, interior circulation, lighting and shopping cart storage shall be as required by § 425-59B through G of this chapter.
(3) 
Telecommunications facilities shall comply with the specific provisions of § 425-64.
Commercial District Regulations
Table 425-16B
C-1 Uses
[Amended 7-19-2017 by Ord. No. 2017-586; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses
Accessory Uses
Conditional Uses1
Special Exceptions1
Prohibited Uses1
All retail establishments for the sale, service and rental of goods
Customary uses accessory to permitted uses
All service establishments, including, but not limited to:
Automobile service stations
Barbers and beauticians
Dry cleaning
Health clubs
Mortuaries
Tailors
Residential wind energy facilities (RWEFs)
Ambulance services
Amusement enterprises
Animal hospitals
Art galleries
Billiard parlors
Bowling alleys
Bus passenger stations
Business offices
Churches and other places of worship
Clubs
Commercial dairies
Commercial parking lots
Community centers
Dental offices and clinics
Eating and drinking establishments
Financial offices
Firehouses
Fraternal organizations
Halfway house (except in PC District)
Hotels and motels
Lodges
Medical offices and clinics
Motion-picture theaters
Municipal office buildings
Museums
Newspaper publishing
Opticians and optical goods
Parish houses and convents
Photographic studios
Professional offices
Public and private garages for the storage and maintenance of motor vehicles
Public and private institutions of higher education
Public libraries
Public utility facilities
Radio and television studios
Reading rooms
Rehabilitation center
Skating rinks
Solar energy stystems
Studios for instruction in music and the performing arts
Taxi and limousine service
Telecommunications facilities
Tourist homes
Veterinary offices
NOTES:
1
There are no conditional uses, special exceptions or specifically prohibited uses in this zoning district.
Table 425-16D
C-1 Area and Bulk Regulations
Minimum Lot Size
Minimum Lot Width at Front Lot Line
(feet)
Minimum Lot Width at Street Line
Maximum Lot Coverage
Maximum Impervious
Minimum Setbacks
(feet)
Maximum Height
(feet)
N/a
150
n/a (See at front lot line)
Structures: 30%
Less than 3 acres: 75%
Greater than or equal to 3 acres: 70%
Front: 70
Side: 15
Rear: 30
50
[Amended 1-13-1993 by Ord. No. 93-297; 12-10-1997 by Ord. No. 97-354; 11-18-1998 by Ord. No. 98-358; 5-28-2008 by Ord. No. 2008-496; 3-27-2013 by Ord. No. 2013-548]
A. 
Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to provide a cohesive unit of commercial usages arranged and constructed according to a plan which will serve the regional needs of this area. It is to reserve areas in the municipality for specialized stores and larger retailers who must have an expanded trade area.
B. 
Use regulations.
(1) 
Uses by right. In any C-2 District, land and structures may be used for only the uses shown in Table 425-17B.
(2) 
Accessory uses are shown in Table 425-17B.
C. 
Prerequisites for review and approval of use. All uses shall comply with the provisions of § 425-63, Site plan requirements and procedures, and Chapter 310, Stormwater Management, prior to issuance of a permit to occupy or use the lot.
D. 
Area and bulk regulations. The regulations shown in Table 425-17D shall be observed. The following additional regulations shall also apply.
(1) 
Front setback. The minimum required front yard setback in the C-2 Zoning District shall be 25 feet. In this zoning district (C-2), in addition to the general prohibition against structures in the yard areas, development improvements such as parking lots and lighting standards shall only be permitted in the front yard area when the requirements of Subsection D(1)(a) are satisfied. Stormwater basins shall only be permitted in the front yard area when the requirements of Subsection D(1)(b) are satisfied. This prohibition shall not include driveways and walkways providing ingress and egress to the lot.
(a) 
The front yard setback may be reduced to 10 feet where a plan for architectural, landscaping and earth-mounding features acceptable to the Township provides enhanced screening of such and aesthetic improvements to the property as a whole. A property owner shall be authorized to place architectural features and lighting standards, which might otherwise be prohibited structures, in the reduced ten-foot setback as part of the plan for enhanced screening. The Township reserves the right to determine the level and type of architectural enhancements which will be necessary to achieve the reduction in the front setback area.
(b) 
A property owner shall be authorized to place stormwater management facilities within the front yard setback where a plan for enhanced landscaping and/or architectural features is provided. The plan for enhanced landscaping and/or architectural features shall meet the following standards:
[1] 
All perimeter basin walls shall be landscaped with evergreen and deciduous shrubs and ornamental grasses to form a continuous landscaping area.
[2] 
All internal basin walls which are visible from the public right-of-way or parking lot shall be landscaped with shrubs, ornamental grasses and, where appropriate, understory trees.
[3] 
Architectural features may be substituted for landscape enhancements if the plan to do so is acceptable to the Township.
(2) 
Side setback.
(a) 
In this zoning district (C-2), in addition to the general prohibition against structures in the yard areas, no development improvements, such as parking lots, lighting standards and stormwater basins, shall be permitted in the rear or side yard areas. This prohibition shall not include driveways and walkways providing ingress and egress to the lot or driveways along a property line when adjacent to a nonresidential district, provided that the driveway is at least five feet from the property line.
(b) 
If a plan acceptable to the Township is presented which provides a combination of landscaping, mounds and sound attenuation barriers to buffer the adjacent rural or residential district, this setback shall be reduced to 75 feet. The Township reserves the right to determine the level and type of landscaping, mounds and sound attenuation barriers which will be necessary to achieve the reduction in the setbacks. The landscaping requirements shall be as provided in Subsection G(1).
(c) 
Stormwater facilities shall be permitted in rear or side yards adjacent to nonresidential districts or adjacent to identified nonresidential areas within Planned Community, University and Planned Airport Districts.
(3) 
Maximum impervious coverage is illustrated in Table 425-17D. The following additional regulations also apply.
(a) 
The developer of a C-2 property may utilize up to 70% of the property for impervious coverage, provided that an enhanced plan for stormwater management meeting the following standards is provided and approved by the Township.
(b) 
Enhanced stormwater standards. The following standards shall apply in addition to the standards required under Chapter 310:
[1] 
Detain the one-year, twenty-four-hour design storm using the SCS Type II distribution. Provisions shall be made so that the one-year storm takes a minimum of 24 hours to drain from the facility from a point where the maximum volume of water from the one-year storm is captured (i.e., the maximum water surface elevation is achieved in the facility). Release of water can begin at the start of the storm (i.e., the invert of the water quality orifice is at the invert of the facility). The design of the facility shall consider and minimize the chances of clogging and sedimentation potential.
[2] 
To accomplish the above, the land developer may submit original and innovative designs to the Township Engineer for review and approval. Such designs may achieve the water quality objectives through a combination of best management practices (BMPs).
[3] 
Where appropriate, BMPs should encourage infiltration to reduce detention volumes and recharge groundwater. A geologic evaluation of the project site shall be performed to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified geologist and/or soil scientist and at a minimum address soil permeability, depth to bedrock, susceptibility to sinkhole formation and subgrade stability. The design of all facilities over limestone formations shall include measures to prevent groundwater contamination and sinkhole formation.
[4] 
In selecting the appropriate BMPs, the land developer shall consider the following:
[a] 
Total contributing area.
[b] 
Permeability and infiltration rate of the site soils.
[c] 
Slope and depth to bedrock.
[d] 
Seasonal high-water table.
[e] 
Proximity to building foundations and well heads.
[f] 
Erodibility of soils.
[g] 
Land availability and configuration of the topography.
(c) 
A developer shall be entitled to achieve 65% impervious coverage on the property (or 70% as stated above). If the setbacks established in Subsection D(4) make it impossible to achieve this coverage, because of the small size or odd configuration of the property, the setbacks shall be proportionately lessened to permit such impervious coverage at the limits established by this subsection.
E. 
Off-street parking requirements. See § 350-49.
F. 
Off-street loading regulations. See § 425-62.
G. 
Design standards. The following shall be applicable in all C-2 Commercial Districts.
(1) 
Screening and landscaping.
(a) 
In all front yard areas, canopy shade trees shall be planted at thirty-foot intervals on average. Shrubs shall be planted between the canopy trees.
(b) 
Screening in side and rear yards shall be based on the zoning of the adjacent property according to the following requirements:
[1] 
Screening shall be provided at the rear yard, along a ten-foot buffer strip measured from the rear property line.
Required Plantings Per 100 Linear Feet of Buffer
Adjacent Zoning District
Type
Amount
Rural and residential districts (See Note 1)
Canopy trees
4
Understory trees
6
Shrubs
24
Evergreens
12
All planned community, university and planned airport districts
Use appropriate twenty-five-foot buffer yard standard from Tables 3, 4 and 5
All natural resources districts
Canopy trees
2
Understory trees
4
Shrubs
6
All commercial and industrial districts
Canopy trees
2
Understory trees
4
Shrubs
6
To allow flexibility in the preparation of screening plans, the following exchange ratios may be utilized by the applicant:
Substitution
Equal To
2 understory
1 canopy
1 canopy
2 understory
2 evergreen
1 canopy
1 evergreen
5 shrubs
1 understory
3 shrubs
NOTES:
1.
The enhanced landscaping required to reduce the side and rear setback to 75 feet as provided in Subsection D(5) and (6) shall include 120% of the required plantings listed herein.
[2] 
Applicants are encouraged to utilize existing vegetation to meet the screening requirements. Following the completion of a tree inventory, existing woodland areas may be used to address the landscaping/screening requirements for setback areas.
[3] 
Where differing requirements are imposed by this subsection on screening and by other sections requiring landscaping, the requirements of this subsection shall take precedence.
(2) 
Storage, landscaping, access and traffic control, interior circulation, lighting and shopping cart storage shall be as required by § 425-59B through G of this chapter.
(3) 
Telecommunication facilities shall comply with the specific provisions of § 425-64.
(4) 
Sidewalk at front of store.
(a) 
A suitable sidewalk shall be provided in front of the entranceway of each retail store. The following scale shall be used to determine the minimum width of the sidewalk between the store front and any area accessible by vehicle (driveway, parking lot, etc.):
Table 425-17G
Store Size
(square feet)
Minimum Sidewalk Width
(feet)
Less than 50,000
8
50,000 to 99,999
10
100,000 to 149,999
12
150,000 or more
14
(b) 
The minimum length of this sidewalk across the front of the store shall be the same as the distance across the entranceway plus the amount of the minimum sidewalk width (as determined above) on each side of the entranceway. The sidewalk fronting the remainder of the store shall be a minimum of five feet in width.
Table 425-17B
C-2 Uses
[Amended 7-19-2017 by Ord. No. 2017-586; 3-8-2023 by Ord. No. 2023-627; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses
Accessory Uses
Conditional Uses
Special Uses1
Prohibited Uses1
Same permitted uses as C1, with the addition of arenas, stadiums and commercial auditoriums; commercial cemeteries; and hospitals.
Customary uses accessory to permitted uses
All retail establishments for the sale, service and rental of goods
Residential wind energy facilities (RWEFs)
All service establishments, including, but not limited to:
Automobile service stations
Barbers and beauticians
Dry cleaning
Health clubs
Mortuaries
Multistory commercial-style storage facility
Tailors
Ambulance services
Amusement enterprises
Animal hospitals
Arenas, stadiums and commercial auditoriums
Art galleries
Billiard parlors
Bowling alleys
Bus passenger stations
Business offices
Churches and other places of worship Clubs
Commercial cemeteries
Commercial dairies
Commercial parking lots
Community centers
Dental offices and clinics
Eating and drinking establishments
Financial offices
Firehouses
Fraternal organizations
Halfway house (except in PC District)
Hospitals
Hotels and motels
Lodges
Medical offices and clinics
Motion picture theatres
Municipal office buildings
Museums
Newspaper publishing
Opticians and optical goods
Parish houses and convents
Photographic studios
Professional offices
Public and private garages for the storage and maintenance of motor vehicles
Public and private institutions of higher education
Public libraries
Public utility facilities
Radio and television studios
Reading rooms
Rehabilitation center
Skating rinks
Solar energy systems
Studios for instruction in music and the performing arts
Taxi and limousine service
Telecommunications facilities
Tourist homes
Veterinary offices
NOTES:
1
There are no conditional uses, special exceptions or specifically prohibited uses in this zoning district.
Table 425-17D
C-2 Area and Bulk Regulations
Minimum Lot Size
(acres)
Minimum Lot Width at Front Lot Line
(feet)
Minimum Lot Width at Street Line
Maximum Lot Coverage
3
150
n/a (See at front lot line)
30% (structures)
Maximum Height
(feet)
Maximum Impervious Coverage
Minimum Setbacks
(feet)
Building: 50
Less than 3 acres: 75%
Greater than or equal to 3 acres: 65%
(70% with enhanced stormwater management)
Front: 25
Side: based on adjacent zoning
Rural and Residential: 90
Planned Community, University and Planned Airport: 25
Natural Resource: 15
Commercial and Industrial: 10
Rear: same as side
[Added 10-13-1999 by Ord. No. 99-369; amended 1-25-2006 by Ord. No. 2006-465; 5-28-2008 by Ord. No. 2008-496; 3-27-2013 by Ord. No. 2013-548]
A. 
Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to achieve the following:
(1) 
To allow office development to occur in appropriate locations within the Township.
(2) 
To establish a zoning district which will serve as a buffer between major highway corridors and established residential neighborhoods.
(3) 
To avoid the problems associated with highway-oriented development by encouraging professional office development to occur in a manner which implements sound highway corridor planning approaches.
(4) 
To minimize access points to collector and arterial roads.
B. 
Use regulations.
[Amended 5-25-2016 by Ord. No. 2016-570]
(1) 
Uses by right. In any OB District, land and structures may be used only for the uses shown in Table 425-18B.
(2) 
Accessory uses. The uses shown in Table 425-18B shall be permitted as accessory uses within the Office Buffer District.
(3) 
Conditional uses. The uses shown in Table 425-18B shall be permitted as conditional uses within the Office Buffer District. The procedures outlined in § 425-57 shall be followed in the review of any conditional use application by Patton Township.
C. 
Prerequisites for review and approval. All uses shall comply with the provisions of § 425-63, Site plan requirements and procedures, and Chapter 310, Stormwater Management, prior to the issuance of a permit to occupy or use any lot located within this district.
D. 
Area and bulk regulations. The regulations shown in Table 425-18B shall be observed. In addition, the following regulations shall also apply:
(1) 
Parking areas and driveways are prohibited from the side and rear setback areas adjacent to R-l, R-2, or A-1 Zoning Districts.
(2) 
Maximum impervious coverage: 55%. The developer may utilize up to 60% of the property for impervious coverage, provided that an enhanced plan for stormwater management meeting the following standards is provided and approved by the Township:
(a) 
Detain the one-year, twenty-four-hour design storm using the NRCS Type II distribution. Provisions shall be made to ensure the one-year storm takes a minimum of 24 hours to drain from the facility from a point where the maximum volume of water from the one-year storm is captured (i.e., the maximum water surface elevation is achieved in the facility). Release of water can begin at the start of the storm (i.e., the invert of the water quality orifice is at the invert of the facility). The design of the facility shall consider and minimize the chances of clogging and sedimentation potential.
(b) 
To accomplish the above, the land developer may submit original and innovative designs to the Township Engineer for review and approval. Such designs may achieve the water quality objectives through a combination of Best Management Practices (BMPs).
(c) 
Where appropriate, BMPs should encourage infiltration to reduce detention volumes and recharge groundwater. A geologic evaluation of the project site shall be performed to determine the suitability of recharge facilities. The evaluation shall be performed by a qualified geologist and/or soil scientist, and, at a minimum, address soil permeability, depth to bedrock, susceptibility to sinkhole formation and subgrade stability. The design of all facilities over limestone formations shall include measures to prevent groundwater contamination and sinkhole formation.
(d) 
In selecting the appropriate BMPs, the land developer shall consider the following:
[1] 
Total contributing area.
[2] 
Permeability and infiltration rate of the site soils.
[3] 
Slope and depth to bedrock.
[4] 
Seasonal high-water table.
[5] 
Proximity to building foundations and wellheads.
[6] 
Erodibility of soils.
[7] 
Land availability and configuration of the topography.
E. 
Off-street parking regulations. The off-street parking regulations contained in § 350-49 of Chapter 350, Subdivision and Land Development, shall apply to all developments within the Office Buffer District. In addition, the following requirements will apply:
(1) 
In calculating the number of parking spaces required for uses within the Office Buffer District, all interior areas used for stairways, elevators and any unfinished space used for storage shall be excluded from the gross floor area calculation.
(2) 
The following regulations will apply to loading and unloading areas in the Office Buffer District:
(a) 
Loading and unloading space for one vehicle shall be at least 12 feet wide, 45 feet long and shall have at least a fourteen-foot vertical clearance.
(b) 
Loading and unloading spaces shall have paved surfaces to provide safe and convenient access during all seasons.
(c) 
Loading spaces shall not be constructed within an area bounded by a triangle 25 feet on each side, measured from the joining point of street lines, in such a manner as to obstruct vision.
(d) 
Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(e) 
Loading and unloading shall occur only between the hours of 7:00 a.m. and 9:00 p.m.
F. 
Conduct of business within the Office Buffer District.
[Amended 5-25-2016 by Ord. No. 2016-570]
(1) 
Businesses within the Office Buffer District may be open to the public between the hours of 7:00 a.m. and 9:00 p.m.
(2) 
A health/fitness center may open to the public beginning at 5:30 a.m. for scheduled appointments, including exercise classes that require pre-registration, for no more than 30 patrons. Additionally, to be eligible to open at 5:30 a.m., the building and parking field must be sited such that the building is located between the parking field and adjacent residential uses outside the Office Buffer District.
(3) 
All business activity within the Office Buffer District shall be conducted within the building on the site. Any outdoor storage of business materials or supplies is prohibited.
G. 
Design and landscaping controls.
(1) 
The buffer yard requirements contained in § 425-46A, Tables 3, 4 and 5,[1] shall apply to all developments within the Office Buffer District, with the exception that Buffer Yard C shall be implemented when the Office Buffer District is adjacent to any residential use or zoning district.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
(2) 
At least 50% of required tree plantings within the buffer yard area be conifers to ensure an effective all-season buffer.
(3) 
The off-street parking landscaping requirements contained in § 350-49 shall apply to all developments within the Office Buffer District.
(4) 
Existing trees, hedgerows and other community assets and landmarks shall be preserved and incorporated into the design of the development. It shall be the responsibility of the applicant to demonstrate to the Township the need for existing trees, hedgerows and other community assets to be removed during development.
(5) 
Development plans shall be designed to minimize grading and other changes to the natural terrain. All graded slopes shall blend with the surrounding terrain and development.
(6) 
Any development which exceeds 110% of the minimum number of parking spaces required by the Township ordinance must provide a satisfactory plan to the Township which employs enhanced landscaping and architectural features. These enhancements shall include two or more developer-selected items from the list of approved enhancements maintained by the Township. At least one enhancement shall be taken from each of the two categories, Landscaping and Architectural/Other, on the list.
(7) 
To ensure that the goals of the Office Buffer District are addressed, access to properties shall be provided as follows:
(a) 
Nonresidential uses shall only be permitted access from arterial streets or streets of lesser classification which intersect with arterial streets.
(b) 
Access to parcels shall be provided according to the following hierarchy:
[1] 
To streets of lesser classification which intersect with the arterial street.
[2] 
Directly to the arterial via a driveway shared with an adjacent property.
[3] 
Directly to the arterial with the specific location and design determined by best engineering practices.
(8) 
If more than 50% but less than 75% of the required off-street parking is located at the rear of the building, Buffer Yard D will be required. If more than 75% of the required off-street parking is located at the rear of the building, Buffer Yard E will be required.
(9) 
All portions and sides of buildings located within the office district that have sides and walls visible from the arterial corridor and adjacent residential properties shall utilize the same materials that are used on the designated front of the building.
Table 425-18B
OBD Uses
[Amended 5-25-2016 by Ord. No. 2016-570; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses
Accessory Uses
Conditional Uses
Special Exceptions
Prohibited Uses
Professional offices
Churches and other places of worship
Parish houses and convents
Medical offices
Dental offices
Opticians and optical goods
Public libraries and museums
Art galleries
Reading rooms
Single-family dwellings consistent with allowable density in adjacent zoning district
Coffee house, juice bar or other similar retail service intended to serve the patrons of the primary use(s) in a building
Residential wind energy facilities (RWEFs)
Community centers
Photographic studios
Veterinary offices
Duplexes and townhouses consistent with allowable density in adjacent zoning district
Dance studios
Health/fitness centers
Outside kennels
Table 425-18D
OBD Area and Bulk Regulations
Minimum Lot Size
Minimum Lot Width at Right-of-Way Line
(feet)
Setbacks
(feet)
Adjacent Zoning District
Front
Side
Rear
n/a
300
150 if access is provided by means of a driveway with an adjacent property
A1 (Rural), R1 (Rural Residential)
All Commercial, Office Buffer, and Industrial
All other districts
251
45
45
50
15
35
70
35
35
Maximum Lot Coverage
n/a
Maximum Impervious
55%; 60% with enhanced stormwater
Maximum Height
45 feet except where building is within 90 feet of an adjacent R-1, R-2, or A-1 Zoning District, in which instance the maximum building height shall be equal to the permitted maximum building height of the adjacent R-1, R-2, or A-1 Zoning District
Maximum Length of Any Building in Any Direction
Shall not exceed 1/2 of the depth of the lot from the front yard property line to the rear yard property line bordering public rights-of-way
Minimum Distance Between Any Two Buildings on Any Lot
Shall be not less than twice the height of the tallest of the two buildings or 30 feet, whichever is greater
NOTE:
1
The twenty-five-foot setback shall be applied when the rear of an OB parcel is adjacent to the A1 or R1 Zoning District.
[Added 9-22-2004 by Ord. No. 438; amended 5-28-2008 by Ord. No. 2008-496; 3-27-2013 by Ord. No. 2013-548]
A. 
Intent. The intent of the Office Buffer District 2 is to:
(1) 
Establish a zoning district for larger tracts of land along interchanges and major highways to serve as a buffer to residential neighborhoods.
(2) 
Avoid problems associated with highway-oriented development by encouraging office development to occur in a manner compatible with the nature of the interchange area.
(3) 
Mitigate the traffic, noise and other impacts from interchanges on immediately adjacent neighborhoods.
(4) 
Mitigate impact of nonresidential development along highways on residential neighborhoods.
(5) 
Control access points to collector and arterial roads.
B. 
Use regulations.
(1) 
Uses by right. In any OB2 District, land and structures may be used only for the uses shown in Table 425-19B.
(2) 
Conditional uses. The uses shown in Table 425-19B shall be permitted as a conditional use within the Office Buffer District 2 as per § 425-57 of the Code.
(3) 
Prerequisites for review and approval. All uses shall comply with the provisions of § 425-63, Site plan requirements and procedures, and Chapter 310, Stormwater Management, prior to the issuance of a permit to occupy or use any lot located within this district.
C. 
Master plan approval. All development within the Office Buffer District 2 must be done pursuant to approval of a master plan in accordance with the procedure that follows. Master plans for the Office Buffer District 2 shall be reviewed by the Patton Township Planning Commission and the Centre Regional Planning Commission and shall be approved or denied by the Board of Supervisors in accordance with the procedures specified herein.
(1) 
Preapplication meeting. A preapplication meeting is recommended but shall not be mandatory, nor shall it be regarded as a formal application for development, in the Office Buffer District 2. The purpose of the meeting is to provide for an informational exchange at the municipal staff level where the major elements of a proposed master plan can be reviewed and evaluated. The filing of any report, sketch plan, plat or map prior to or at such meeting shall not constitute submission of a plan or application for Office Buffer District 2 development, nor shall such materials be binding on subsequent submissions by the applicant.
(2) 
Sketch plan submission. The applicant is encouraged to submit a sketch plan, in both paper and digital (in a form acceptable to the Township) format, of the proposed Office Buffer District 2 development. The purpose is to discuss a conceptual sketch of the proposed development with the municipal staff, the Planning Commission and the Board of Supervisors prior to final submission.
(3) 
Master plan application and review. Application for Township approval of an Office Buffer District 2 development shall commence with the official submission of a complete set of plans and all required supplementary data and information to the Township. At any time during the review process, the applicant may amend the originally submitted plan solely for the purpose of correcting minor deficiencies in the original plan to the extent necessary to meet the requirements of this section.
(a) 
A master plan shall be deemed to have been submitted for review when the applicant has furnished to the Township the following documents:
[1] 
Twelve copies of a master plan prepared by a registered engineer, surveyor, landscape architect or similarly qualified person, which shall fully comply with the requirements of this chapter. One additional copy shall be submitted in a digital format acceptable to Patton Township.
[2] 
Three copies of a narrative, which shall fully comply with the requirement of this chapter.
[3] 
Three copies of a transportation impact analysis, which shall comply with the requirements of this chapter.
(b) 
Upon receipt of the above, the Township Zoning Officer shall forward copies of the master plan and accompanying documentation to the Township Engineer, Centre Regional Planning Commission, Centre County Planning Commission and other appropriate agencies.
(c) 
Review by the Township Planning Commission.
[1] 
At its next regular meeting following the receipt of the application for Master Plan approval, provided that such application was made at least 30 days prior to the meeting, the Planning Commission shall review the plan to determine its conformance with the provisions contained in these regulations.
[2] 
The Planning Commission shall notify the Township Board of Supervisors of any recommended action, changes or modifications to the plan after such decision is made, provided that the Planning Commission shall make such recommendations within 70 days after the date the application for approval was filed. The Planning Commission shall make no recommendation on such application until reports from the Centre County and Centre Regional Planning Commissions are received, or until expiration of 30 days from the date the plan was forwarded to these agencies, whichever comes first.
[3] 
If review by the Township Planning Commission results in an unfavorable recommendation because the requirements of this chapter have not been met, notification to the Township Board of Supervisors should specify the defects found in the plan, describe the requirements that have not been met, and cite the provisions of this chapter from which such defects or requirements originate.
(d) 
Review by the Township Board of Supervisors. Upon receipt of the recommendation from the Planning Commission or upon failure to receive said recommendations 70 days after submittal, the Board of Supervisors shall review the application for master plan approval.
[1] 
The Board of Supervisors shall review the plan and the written reports of the Township Planning Commission, the Centre County Planning Commission, the Centre Regional Planning Commission, the Township Engineer and the other reviewing agencies to determine if the plan meets all applicable regulations. Prior to approval of a master plan, the Board of Supervisors shall require a public hearing.
[2] 
The Township shall place a notice of the time and place of the public hearing in a newspaper of general circulation as set forth by the requirements of the Pennsylvania Municipalities Planning Code.
(e) 
Approval or denial. The Board of Supervisors, within 50 days following the Planning Commission action or inaction, shall by official written communication to the applicant either:
[1] 
Grant approval of the master plan as submitted.
[2] 
Grant approval subject to the applicant meeting specified modifications to the master plan as submitted.
[3] 
Deny approval of the plan, including a list of reasons and/or plan deficiencies.
(f) 
Where an Office Buffer District 2 development may occur over a period of years, the Board of Supervisors may authorize development in phases subject to such requirements or guaranties as to improvements in future phases of the development that it finds essential for the protection of any approved phase. In such case, a schedule showing the proposed times within which applications for final approval of land development plans of all phases of the development are intended to be filed shall be included with the master plan. The schedule may be revised by the Board of Supervisors if requested to do so by the landowner or developer.
(g) 
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the master plan in terms as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(h) 
In the event that approval is granted subject to conditions, the owner may, within 30 days after receiving a copy of the official written communication of the governing body, notify the Board of Supervisors of their refusal to accept all of said conditions, in which case, the Board of Supervisors shall be deemed to have denied approval of the master plan. In the event that the landowner does not, within said period, notify the Board of Supervisors of their acceptance of all of said conditions, approval of the master plan shall be deemed to have been denied.
(i) 
An approved master plan shall be recorded by the developer in the office of the Recorder of Deeds of Centre County within 90 days of approval.
(j) 
Approval of a master plan shall not authorize construction or the issuance of any building permit. Such authorization or issuance shall not occur until a land development plan is approved for the applicable area.
(4) 
Required master plan content. Proposed master plans shall be drawn to a scale of one inch equals 100 feet or larger (e.g., one inch equals 30 feet) and shall contain the following information:
(a) 
General data.
[1] 
Name of proposed Office Buffer District 2 development.
[2] 
North point.
[3] 
Graphic scale and legend describing all symbols shown on the plan.
[4] 
Day, month and year the plan was prepared and date and description of revisions to the plan occurring after formal submission.
[5] 
Name and address of the owner and deed book and page numbers of the deeds conveying the property to the owner. Name of the developer and their billing address (if different).
[6] 
Name, address and seal of the individual or firm preparing the plan.
[7] 
Names of abutting property owners, tax parcel numbers and their deed book and page numbers.
[8] 
Key map showing the location of proposed Office Buffer District 2 development and all roads within 5,000 feet therefrom.
[9] 
Centre County tax parcel number of parcel where the Office Buffer District 2 development is proposed.
[10] 
A certification of ownership and plan acknowledgment signature block.
[11] 
An offer of dedication signature block.
[12] 
Township approval signature block.
[13] 
Recorder of Deeds signature block.
(b) 
Existing features.
[1] 
Perimeter boundaries of the total property, showing bearings to the nearest minute and distances to the nearest hundredth of a foot.
[2] 
Total acreage of the tract and total square feet within each lot of the development.
[3] 
Natural features:
[a] 
Sinkholes, watercourses, tree masses and unique vegetation or natural features.
[b] 
Floodplain, steep slopes and critical groundwater recharge areas.
[c] 
Topographic contour lines at vertical intervals of 10 feet.
[4] 
Approximate location of man-made features in or within 100 feet of the property, including:
[a] 
Sewer lines and laterals.
[b] 
Water mains and fire hydrants.
[c] 
Electrical lines and poles.
[d] 
Culverts and bridges.
[e] 
Railroads.
[f] 
Buildings.
[g] 
Streets, including right-of-way and cartway widths and approximate grades.
[h] 
Development of abutting properties, including location and types of uses.
(c) 
Proposed development.
[1] 
The approximate location and use of buildings and other structures. (All area dimensions shall be indicated in square feet.)
[2] 
The approximate location and area of driveways and parking and loading areas.
[3] 
The approximate property lines of lots to be subdivided, measured to the nearest foot.
[4] 
The approximate location of sidewalks and bike paths.
[5] 
The approximate location of utility and drainage easements.
[6] 
The approximate location and pipe diameter of sewer and water mains.
[7] 
The approximate location of fire hydrants.
[8] 
Perimeter setbacks and required buffer yards.
[9] 
Street information, including:
[a] 
Location and width of right-of-way and cartway.
[b] 
Proposed street names.
[c] 
Approximate road profiles along the center line of each proposed street, showing finished grade at a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical.
[10] 
A conceptual landscaping plan indicating the treatment of materials and landscaping concepts used for private and common open space.
[11] 
A general grading plan showing any major alterations to the topography of the site.
[12] 
The location and area of proposed open space.
[13] 
A table shall be included on the plan describing each phase or section with quantitative data, including the following:
[a] 
The total area of the development and approximate area of each phase.
[b] 
The area of streets, parking, sidewalks, and walkways and the total area paved and percent of area paved or covered by the structures in the development and each phase or section.
[c] 
The total acreage and percent of acreage in open space in the development.
[d] 
The calculation of impervious surface in the development and in each phase.
(d) 
Narrative statement. The following information should be included with a narrative statement submitted with the master plan:
[1] 
A statement of the ownership of all of the land included within the master plan.
[2] 
An explanation of the design pattern of the Office Buffer District 2 development.
[3] 
The substance of covenants, grants of easements or other restrictions that will be imposed on the use of land, buildings and structures, including proposed easements or grants for public use or utilities. The covenants should specifically indicate that any land proposed for open space shall be used for such purposes in perpetuity.
[4] 
A description of the form of organization proposed to own and maintain the designated open space or other common facilities.
[5] 
A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.
[6] 
A preliminary stormwater management plan illustrating drainage patterns and detention pond areas. The plan should include preliminary pond sizing calculations.
(e) 
Development schedule. When it is anticipated that development pursuant to an approved master plan will occur in phases over a period of years, the following shall be included with the application for master plan approval:
[1] 
The phases in which the land development will be submitted for final land development approval and the approximate date when each phase will be submitted for final plan approval. Any phase of development pursuant to an approved master plan shall be able to function independently of the undeveloped phases while being compatible with adjacent or neighboring land uses.
[2] 
The approximate date when each phase will be completed.
(f) 
Traffic impact analysis. A traffic impact analysis shall be submitted with all master plan submissions and shall be prepared by a qualified professional. Land development plans that deviate from the master plan analysis shall submit a revised traffic impact analysis.
[1] 
Access:
[a] 
For tracts that are not subdivided or are subdivided into two or three lots, access point(s) shall be as determined by the traffic impact analysis and may utilize a shared driveway or an internal public road.
[b] 
For tracts subdivided into four or more lots, access to lots shall be from an internal public roadway.
[2] 
The TIA shall include the following:
[a] 
Analysis and description of existing conditions and traffic volumes for the external road network serving the site. The external road network to be studied shall be determined by the municipality prior to the master plan review.
[b] 
A base condition analysis shall be prepared to establish existing levels of service followed by analysis and description of projected traffic conditions based on the land uses proposed within the development. Trip generation rates for morning and evening peak hours of the project shall be prepared, as well as the internal/external trip distribution and intersection analysis.
[c] 
The analysis shall address the traffic impacts of the proposed development along with surrounding traffic-generating land uses in the area, including land use changes. The analysis will evaluate the adequacy of the area road network and identify the need for road and access and traffic control measure improvements generated by the proposed development and surrounding land uses.
[d] 
The analysis shall contain recommended internal and off-site road improvements. These recommended improvements should be specific as to location and scope of work required along with a phased schedule for implementation. Examples of additional items that should be included in this section are:
[i] 
Typical sections for each category of street.
[ii] 
A phasing plan which delineates the street improvements that will be provided simultaneously with the construction of each development phase.
[e] 
Utilization of alternate modes of transportation shall be a component of the traffic impact analysis. Evaluation of traffic mitigation measures as it relates to public transportation and future site development should also be addressed.
[f] 
Revision of the traffic impact analysis based on major changes (as defined in this article) to the approved master plan shall be required. This shall occur prior to the filing of an application to amend the master plan.
(5) 
Amendments to an approved master plan. Any major changes requested to an approved master plan must meet the procedural and content requirements presented in § 425-19. A major change to an approved master plan is represented by any of the following:
(a) 
Any decrease in the approved open space area percentage.
(b) 
A change in the location of external vehicular access points or interior roadway locations.
(c) 
Any other change determined by the Township to be significant.
D. 
Procedure for development.
(1) 
After approval of a master plan, all subsequent subdivision and land development plans within the master plan area must be submitted in accordance with and meet the applicable requirements of Chapter 350, Subdivision and Land Development, this chapter and Chapter 310, Streets and Sidewalks, in addition to the requirements of this article. In the event of a conflict between the requirements contained in this article and any other ordinance, the requirements of this article will apply.
(2) 
Any major change proposed to an approved master plan will require an amendment of the master plan. If the major change is contained within a proposed subdivision or land development plan, the Board of Supervisors shall not grant approval of the plan until an amendment of the master plan occurs. In the event of such denial, the landowner may refile the final plan without the major changes identified in such written notice or file an application to amend the master plan, following the procedures required herein for approval.
(3) 
A minor change to an approved master plan shall not require an amendment of the master plan. If the minor change is proposed as part of a subdivision or land development plan, then the change will be approved through the normal review process for subdivision and land development plans.
E. 
Area, bulk, open space, setbacks and parking regulations are shown in Table 425-19B. The following additional regulations shall also apply.
(1) 
A tract is defined as a contiguous single parcel of land to start with for a master plan. Tracts that are located on either side of a public road must have the minimum 40 acres on each side of the public road.
(2) 
Setbacks:
(a) 
Parking lots. In this zoning district (OBD2), structures and parking lots shall be prohibited in setback areas.
(b) 
Stormwater ponds. Stormwater ponds may be permitted only in the setback area adjacent to right-of-way. Stormwater ponds shall not be permitted in other setback areas.
(c) 
Driveways and access roads. Driveways or access roads shall be permitted in setback areas only to provide access to or connect to roadways on adjacent parcels.
(3) 
Conduct of business within the Office Buffer District 2.
(a) 
Businesses within the Office Buffer District 2 may be open for business between the hours of 6:00 a.m. and 10:00 p.m. This requirement is intended to mitigate impacts on adjacent residential neighborhoods. If longer hours of operation are desired, additional enhancements shall be provided. The enhancements shall include two or more developer-selected items from the list of approved enhancements maintained by the Township. At least one enhancement shall be taken from each of the two categories, landscaping and architectural/other, on the list.
(b) 
All business activity within the Office Buffer District 2 shall be conducted within the building on the site. Any outdoor storage of business materials or supplies is prohibited.
(4) 
Lighting shall be as required by § 425-65 of this chapter.
(5) 
Storage shall be as required by § 425-59B of this chapter.
(6) 
Landscaping shall be as required by § 425-59C of this chapter.
(7) 
Utilities.
(a) 
Water supply. Each property shall connect with an approved public water system.
(b) 
Sanitary sewage disposal.
[1] 
Each tract shall connect with an approved public sewer system if the tract is within the sewer service area established in the Act 537 Sewage Facilities Plan.
[2] 
The developer shall provide on-lot sewage disposal systems if the tract is outside the sewer service area established in the Act 537 Sewage Facilities Plan. The on-lot sewer systems installed by the developer shall conform to all Township and DEP requirements.
[3] 
If the tract is added to the sewer service area established in the Act 537 Sewage Facilities Plan after development, the tract shall connect to the public sewer system if within 150 feet of nearest property line.
(c) 
All other utilities servicing the Office Buffer District 2 shall be provided underground.
(8) 
Parking and sidewalk requirements.
(a) 
Motor vehicle access and parking shall be provided as required in Chapter 350, Subdivision and Land Development. If the number of parking spaces exceeds the minimum required by 110%, additional enhancements shall be required. But in no case shall the number of parking spaces provided be greater than 120% of the minimum number of allowable spaces.
(b) 
Sidewalks shall be provided along all streets or the developer may provide alternate pedestrian access appropriate to the site at the recommendation of the Planning Commission and the discretion of the Board of Supervisors.
F. 
Design and landscaping controls.
(1) 
Landscaping.
(a) 
The buffer yard requirements contained in § 425-46A, Table 5,[1] shall apply to all developments within the Office Buffer District 2. Buffer Yard D shall be implemented when the Office Buffer District 2 is adjacent to any residential/agriculture use or zoning district. For all other adjacent uses or zoning districts, Buffer Yard C shall be used. A minimum of Buffer Yard C shall be provided within a single tract along interior lots.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(b) 
Following completion of a tree inventory, existing vegetation can be used to meet the buffer yard requirements. To allow flexibility in meeting buffer yard requirements the following exchange ratios may be used:
Substitution
Equal To
2 understory
1 canopy
1 canopy
2 understory
2 evergreen
1 canopy
1 evergreen
5 shrubs
1 understory
3 shrubs
(c) 
Wooded setback areas designated as open space shall remain in their natural state. Existing trees within other setback areas, particularly adjacent to lands designated for residential or agricultural use, should be preserved.
(2) 
Hedgerows, waterways, historic sites, scenic points, views, and vistas and other community assets and landmarks should be preserved.
(3) 
To ensure that the goals of the Office Buffer District 2 are addressed, access to properties shall be provided as follows:
(a) 
Access to the tract shall be permitted only from arterial or collector streets.
(b) 
The minimum distance between access points shall be 300 feet or shall be established based on a traffic impact analysis.
(c) 
Inter-parcel access to adjacent nonresidential lands and between lots within the tract shall be provided.
(4) 
Interior circulation shall be as required by § 425-59E of this chapter.
(5) 
Stream and wetland buffers.
(a) 
All improvements or land disturbances within the district shall be set back at least 100 feet from the top of any stream bank or edge of any wetland in a rural area and 65 feet from the top of any stream bank or edge of any wetland in an urban area. The urban or rural location shall be determined by the location of the Regional Growth Boundary in the Centre Region Comprehensive Plan. This setback shall apply to all streams delineated on the FEMA Flood Insurance Rate Map for the Township and all streams depicted on the Township's Official Zoning Map with drainage areas greater than 100 acres. Where no well-defined top of bank exists for an intermittent stream, the setback shall be measured from the line defined by the water surface elevation for the two-year storm.
(b) 
All existing vegetation within the setback established in Subsection F(5)(a) above shall be preserved.
(c) 
Where stream crossings are approved pursuant to applicable federal and state stream encroachment regulations, the setback established in Subsection F(5)(a) above shall be waived as to the approved crossing; provided, however, the natural channel shall be preserved to the maximum extent possible.
(6) 
Slope restrictions.
(a) 
For the purpose of this section, the slope(s) of a site shall be determined by utilizing topographic surveys following written guidelines prepared by the Township Engineer and approved by the Board of Supervisors.
(b) 
In areas of steep slopes within the district, the following standards shall apply to all grading and development:
[1] 
For slopes averaging 15% to 25%, no more than 40% of naturally occurring slopes shall be developed, graded, deforested, and/or stripped of vegetation. An additional 30% of such naturally occurring slope may be developed upon submission of a report by a qualified professional engineer certifying that the sloped areas may be developed and inclusion of two of the following mitigation measures when the disturbed area exceeds 55% of such naturally occurring slope:
[a] 
Preserve other undisturbed land with less than 15% slope equal to 1.0 times the additional area disturbed.
[b] 
Provide for the recharge of stormwater for an amount of impervious area equal to 1.2 times the additional area disturbed. The minimum required recharge volume is equal to 1.5 inches' runoff for the area defined.
[c] 
Provide additional landscaping equivalent to a twenty-foot-wide Buffer Yard D for an area equal to 1.2 times the additional area disturbed. The "required plant units/100" are required for each 2,000 square feet required to be landscaped. The landscaping may be provided on nonwooded, undisturbed ground or in developed areas. Substitutions between types of plantings may be made at the exchange ratios established for setback landscaping.
[2] 
For slopes averaging greater than 25%, no development shall be allowed, except upon submission of a report by a professional engineer certifying that the steep slope may be safely developed. Furthermore, the owner and/or developer shall agree, as a condition to approval of the development plan, to hold the municipality harmless from and against any and all claims or damages due to approval of such plan. If development is allowed to occur under this subsection, no more than 15% of such naturally occurring slopes shall be developed, graded, deforested, and/or stripped of vegetation.
(7) 
Open space.
(a) 
For the purpose of this district only, the following definition of open space shall apply:
OPEN SPACE
A wooded area, meadow or land in its natural state within the boundaries of a master plan intended to preserve natural amenities such as woodlands, wetlands/natural drainage areas and wildlife in perpetuity where no development is permitted. Hiking/biking trails shall be permitted in the open space area if deemed necessary to connect to trails on adjacent parcels. Areas excluded from open space calculations shall include public and private streets and drives except when providing inter-parcel access, parking lots, pipeline and/or power easements and private spaces such as lawn and patio areas not available for common and/or public use.
(b) 
A minimum of 20% of the tract shall remain in open space. Open space areas shall be set aside as a single lot or an area preserved through conservation easements and shall be a minimum of 100 feet wide. The open space area(s) shall be contiguous to open space on adjoining properties and shall provide for future connections to adjacent properties. The open space area may include wetlands, steep slopes, natural drainageways and floodplains. Setback areas equal to or greater than 100 feet deep may be designated as open space areas if a conservation easement is provided on the setback area.
(8) 
Pedestrian and bike paths. Provide bicycle/pedestrian connections from the ends of cul-de-sac and other midblock locations, as appropriate, to permit circulation between adjacent tracts. Bikeways and shared use paths shall be provided where the link on the subject tract is a portion of a larger planned bicycle circulation system. Bike racks shall be provided close to building entrances and at appropriate locations on the site.
(9) 
Signs. Signage shall be provided as required by Chapter 282, Signs.
Table 425-19B
OBD2 Uses
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses
Accessory Uses
Conditional Uses
Special Exceptions1
Prohibited Uses1
Medical offices
Dental offices
Clinics
Professional offices
Opticians
Schools
Libraries
Museums
Membership organizations
Churches
Customary office accessory uses
Day-care center
Fitness center
Pharmacy, including drive-up window
Pharmacy, including drive-up window as part of medical facilities
Eyeglass sales
Residential wind energy facilities (RWEFs)
Hospitals
Community centers
Veterinary offices
Public recreation
Public recreational facilities
Public and semipublic uses
NOTE:
1
There are no special exceptions or specifically prohibited uses in this zoning district.
Table 425-19E
OBD Area and Bulk Regulations
Minimum1
Tract Size
(acres)
Minimum Lot Size
(acres)
Minimum Lot Width
(feet)
Maximum Height
(feet)
Maximum Impervious Coverage
40
Average: 4
200
Building: 45
50% of tract
Individual: 2
Maximum Building Coverage
25% of tract
Setbacks Adjacent To4
Right-of-way: 45 feet unless a greater setback is required by the I-99 Overlay District regulations
Residential or Rural District or use: 100 feet unless adjacent to permanently preserved open space outside the tract, in which case the setback shall be 30 feet
Industrial or Commercial District: 30 feet
Any Office Buffer District: 30 feet
Designated open space within the tract: 5 feet
NOTE:
1
See full text of § 425-19.
[Added 6-20-2007 by Ord. No. 2007-482; amended 5-28-2008 by Ord. No. 2008-496; 3-27-2013 by Ord. No. 2013-548]
A. 
Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to provide opportunities for commercial development; to transition between established residential neighborhoods and major commercial corridors with either buffering or an appropriate mix of uses; to potentially supply new housing within close proximity of employment, retail, and public transit opportunities; and to offer a mechanism to address Patton Township's need for housing that is affordable to households with incomes no greater than 120% of the Centre County annual median income (AMI) through the aid of private sector commercial development.
B. 
Use regulations.
(1) 
Uses by right. All uses permitted in the C-1 District except commercial parking lots, automobile service stations, fueling or gasoline stations, dry cleaning, mortuaries, bus passenger stations, businesses that house animals overnight, and warehousing operations.
(2) 
Conditional uses. Single-family homes, duplexes, and townhouses/apartments, subject to the requirements of § 425-20H.
(3) 
The uses of this section are also noted in Table 425-20B.
C. 
Prerequisites for review and approval of use. All uses shall comply with the provisions of § 425-63, Site plan requirements and procedures, and Chapter 310, Stormwater Management, prior to issuance of a permit to occupy or use the lot.
D. 
Area and bulk regulations. The regulations shown in Table 425-20D shall be observed for development as a use by right (§ 425-20H sets different area and bulk regulations for conditional uses); in addition, the following regulations shall also apply:
(1) 
Open space. In order to properly buffer existing residential neighborhoods from commercial development, open space shall be provided as follows:
(a) 
Minimum 25% of tract.
(b) 
To be adjacent to residential uses and between residential uses and commercial corridors and/or commercial uses.
(c) 
Landscaped with trees, shrubs, and/or fences to fully screen residential uses from commercial corridor or uses. Screening may also be accomplished by preservation of existing trees or enhancement of existing tree stands.
(d) 
To be protected from any future change of use by donation of all of this open space to Patton Township or a qualified conservancy, to be placed under a conservation easement to be held by a qualified conservancy, and to be endowed to provide funds for maintenance and monitoring of the conservation easement in perpetuity.
(2) 
Front setback. The minimum required front yard setback in the C-T Zoning District shall be 25 feet. In this zoning district (C-T), in addition to the general prohibition against structures in the yard areas, development improvements such as parking lots and lighting standards shall only be permitted in the front yard area when the requirements of Subsection D(5)(a) are satisfied. Stormwater basins shall only be permitted in the front yard area when the requirements of Subsection D(5)(b) are satisfied. This prohibition shall not include driveways and walkways providing ingress and egress to the lot.
(a) 
The front yard setback may be reduced to 10 feet where a plan for architectural, landscaping and earth-mounding features acceptable to the Township provides enhanced screening of such and aesthetic improvements to the property as a whole. A property owner shall be authorized to place architectural features and lighting standards, which might otherwise be prohibited structures, in the reduced ten-foot setback as part of the plan for enhanced screening. The Township reserves the right to determine the level and type of architectural enhancements which will be necessary to achieve the reduction in the front setback area.
(b) 
A property owner shall be authorized to place stormwater management facilities within the front yard setback where a plan for enhanced landscaping and/or architectural features is provided. The plan for enhanced landscaping and/or architectural features shall meet the following standards:
[1] 
All perimeter basin walls shall be landscaped with evergreen and deciduous shrubs and ornamental grasses to form a continuous landscaping area.
[2] 
All internal basin walls which are visible from the public right-of-way or parking lot shall be landscaped with shrubs, ornamental grasses and, where appropriate, understory trees.
[3] 
Architectural features may be substituted for landscape enhancements if the plan to do so is acceptable to the Township.
(3) 
Side yards. The minimum required side yard setback in the C-T Zoning District shall be based on the zoning of the adjacent property as shown in Table 425-20D.
(a) 
In this zoning district (C-T), in addition to the general prohibition against structures in the yard areas, no development improvements, such as parking lots, lighting standards and stormwater basins, shall be permitted in the rear or side yard areas, except that stormwater basins may be permitted between the commercial and residential portions of a conditional use development. (See § 425-20H.) This prohibition shall not include driveways and walkways providing ingress and egress to the lot or driveways along a property line when adjacent to a nonresidential district, provided that the driveway is at least five feet from the property line.
(b) 
If a plan acceptable to the Township is presented which provides a combination of landscaping, mounds and sound attenuation barriers to buffer the adjacent rural or residential district, this setback shall be reduced to 75 feet. The Township reserves the right to determine the level and type of landscaping, mounds and sound attenuation barriers which will be necessary to achieve the reduction in the setbacks. The landscaping requirements shall be as provided in Subsection G(1).
(c) 
Stormwater facilities shall be permitted in rear or side yards adjacent to nonresidential districts or adjacent to identified nonresidential areas within planned community, university and planned airport districts.
(4) 
Rear yards. The minimum required rear yard setback in the C-T Zoning District shall be based on the zoning of the adjacent property as shown in Table 425-20D.
(5) 
Screening shall be provided at the rear yard, along a ten-foot buffer strip measured from the rear property line.
(6) 
Maximum impervious coverage: 70% of area outside the required open space. A developer shall be entitled to achieve impervious coverage of 70% of area outside the required open space. If the setbacks established in Subsection D(5) and D(6) make it impossible to achieve this coverage, because of the size or configuration of the property, the setbacks shall be proportionately lessened to permit such impervious coverage at the limit established by this subsection.
E. 
Off-street parking requirements: See § 350-49.
F. 
Off-street loading regulations: See § 425-62.
G. 
Design standards. The following shall be applicable in all C-T Commercial Districts.
(1) 
Screening.
(a) 
In all front yard areas, canopy shade trees shall be planted at thirty-foot intervals on average. Shrubs shall be planted between the canopy trees.
(b) 
Screening in side and rear yards shall be based on the zoning of the adjacent property according to the following requirements:
Table 425-20G(1)
Adjacent Zoning District
Required Plantings Per
100 Linear Feet of Buffer
Amount
Rural and residential districts1
Canopy trees
4
Understory trees
6
Shrubs
24
Evergreens
12
All planned community, university and planned airport districts
Use appropriate twenty-five-foot buffer yard standard from Tables 3, 4 and 5
All natural resources districts
Canopy trees
2
Understory trees
4
Shrubs
6
All commercial and industrial districts
Canopy trees
2
Understory trees
4
Shrubs
6
NOTES:
1
The enhanced landscaping required to reduce the side and rear setback to 75 feet as provided in Subsection D(5) and (6) shall include 120% of the required plantings listed herein.
(c) 
Applicants are encouraged to utilize existing vegetation to meet the screening requirements. Following the completion of a tree inventory, existing woodland areas may be used to address the landscaping/screening requirements for setback areas.
(d) 
To allow flexibility in the preparation of screening plans, the exchange ratios in the following table may be utilized by the applicant:
Table 425-20G(2)
Substitution
Equal To
2 understory
1 canopy
1 canopy
2 understory
2 evergreen
1 canopy
1 evergreen
5 shrubs
1 understory
3 shrubs
(e) 
Where differing requirements are imposed by this subsection on screening and by other sections requiring landscaping, the requirements of this subsection shall take precedence.
(2) 
Storage, landscaping, access and traffic control, interior circulation, lighting and shopping cart storage shall be as required by § 425-59B through G.
(3) 
Telecommunications facilities shall comply with the specific provisions of § 425-64.
(4) 
Sidewalk at front of store.
(a) 
A suitable sidewalk shall be provided in front of the entranceway of each retail store. The following scale shall be used to determine the minimum width of the sidewalk between the storefront and any area accessible by vehicle (driveway, parking lot, etc.):
Table 425-20G(3)
Store Size
(square feet)
Minimum Sidewalk Width
(feet)
Less than 50,000
8
50,000 to 99,999
10
100,000 to 149,999
12
150,000 or more
14
(b) 
The minimum length of this sidewalk across the front of the store shall be the same as the distance across the entranceway plus the amount of the minimum sidewalk width (as determined above) on each side of the entranceway. The sidewalk fronting the remainder of the store shall be a minimum of five feet in width.
H. 
Conditional use: Tracts within the C-T District may include residential units with conformance to the following requirements:
(1) 
Offer of donation of a minimum of 16% of the tract area to a community land trust as defined in § 425-6B of the Patton Township Code for development as affordable housing. The donated tract area shall fulfill the open space requirement that would be required of a use by right.
(2) 
The tract area to be donated shall be located such that the affordable housing area is adjacent to existing residential use(s) or fronts on a roadway that has residential use(s) opposite. The commercial portion shall be located between the residential use and the commercial corridor(s).
(3) 
The tract area to be donated shall have separate vehicular and pedestrian access from the access to the commercial areas of the tract.
(4) 
Acceptance of the land donation by the involved community land trust in accordance with a signed and recorded agreement between the property owner(s)/developer(s), the community land trust, and any other parties involved in providing the affordable housing units. The approval of a conditional use plan shall indicate Township approval of the terms of the agreement. The agreement shall address, but shall not be limited to, the following items:
(a) 
The number of affordable housing units that will be built.
(b) 
The type of residential units to be built and the overall layout of the site.
(c) 
The type of resident groups to live in these units (e.g., income levels, the elderly, special needs groups).
(d) 
The time frame within which these units will be constructed and occupied.
(e) 
The initial price range of these units.
(f) 
How these units will remain affordable in perpetuity.
(g) 
The screening/buffering that will be provided between the affordable housing units and the commercial portions of the site.
[1] 
The screening required at § 425-20G(1) (i.e., as a use by right) does not apply to the residential portion of the C-T tract or to the buffer between the commercial portion and the residential portion of the C-T District tract.
[2] 
This screening shall include a solid, all-weather, durable-material, functionally opaque privacy fence at least eight feet in height.
[3] 
The developer may propose an alternative screening/buffering plan that may make use of trees, shrubs, or other plant materials. The Board of Supervisors may accept the developer-proposed alternative in lieu of opaque privacy fencing.
(h) 
In lieu of concurrent approval of subdivision and/or land development plans for the commercial and the residential portion of the C-T tract, the property owner(s)/developer(s) and the community land trust may jointly request permission from the Board to defer submission for not more than one year from date of conditional approval of the commercial portion of the C-T tract of a plan for the residential portion that is in compliance with the C-T District requirements. Deferral is only available with approval of the Board of Supervisors through approval of the conditional use plan and agreement by the developer and land trust to the following conditions:
[1] 
Execution of an agreement, to be recorded, between the Board of Supervisors, the property owner(s)/developer(s), and the community land trust assigning, in the event the community land trust fails to proceed with development of the residential portion in accordance with the terms herein, all rights and responsibilities of the community land trust contained in the agreement referenced in Subsection H(4) to the Board of Supervisors of Patton Township. Existence of agreement shall be noted on plan.
[2] 
Execution on the plan of an offer of dedication for the residential portion to the Board of Supervisors of Patton Township in the event the land trust fails to proceed with development of the residential portion in accordance with the terms herein. Offer shall note that the land is dedicated for the provision of affordable housing and the Township may convey said land to another organization for those purposes.
[3] 
Submission at time of application for plan approval for residential portion (within time period noted above) of the information required by Subsection H(4)(a) through (g).
[4] 
Deposit with the Township of financial security in an amount sufficient to cover the costs of such improvements or common amenities as delineated in Section 509(a) of the Pennsylvania Municipalities Planning Code.
(i) 
Water, sewer and electrical service will be provided by the developer.
(j) 
Sidewalks will be provided by the developer.
(5) 
The conditional use shall comply with the area and bulk regulations shown in Table 425-20H in lieu of § 425-20D. In addition, the following regulations shall also apply:
(a) 
Setbacks for commercial portion.
[1] 
Front yard: as required by Table 425-20H.
[2] 
Side and rear yard not adjacent to residential portion: as required by Table 425-20H.
[3] 
Side and/or rear yard adjacent to residential portion are as required by Table 425-20H, in addition to the following regulations.
[a] 
Twenty feet minimum for structures, dumpsters and noise producing equipment.
[b] 
One foot minimum for other development improvements (e.g., driveways, lighting, stormwater facilities) except a screening fence that shall be placed on the commercial portion and immediately adjacent to the property line.
[c] 
The separation distance between commercial structures, including appurtenances, and residential structures, shall be equal to the height of the commercial structure but in no instance be less than 35 feet.
(b) 
Setbacks for residential portion as required by Table 425-20H in addition to the following regulations.
[1] 
Front yard: five feet minimum.
[2] 
Side and rear yard not adjacent to commercial portion: five feet minimum, excepting the common wall of duplexes. A zero-setback arrangement is permissible for single-family detached units when the opposite side yard is a minimum of 10 feet.
[3] 
Side and/or rear yard adjacent to commercial portion: five feet minimum. The separation distance between commercial structures, including appurtenances, and residential structures shall be equal to the height of the commercial structure but in no instance be less than 35 feet.
(c) 
Maximum impervious coverage.
[1] 
Commercial portion: 84%.
[a] 
An additional 1% of impervious coverage may be used with donation of an additional 5,000 square feet of land for affordable housing.
[b] 
A developer shall be entitled to achieve impervious coverage of area. If the setbacks established in Subsection H(5)(b)[1] and [2] make it impossible to achieve this coverage, because of the size or configuration of the property, the setbacks shall be proportionately lessened to permit such impervious coverage at the limit established by this subsection. The setback adjacent to the residential portion of the C-T District shall not be reduced.
[2] 
Residential portion: 50% for multifamily uses (townhomes and apartments).
(6) 
Shared driveways are permitted at adjacent residential units.
(7) 
HVAC and other noise-producing utilities shall be placed on the commercial structures or commercial portion of the site so that any noise spillover to the residential units is minimized and shall be screened on the residential side. Any dumpsters for the commercial portion of the site shall be situated as far away from the residential units as is feasible.
(8) 
Parkland.
(a) 
The parkland dedication addressed in § 350-35 of the Patton Township Code will be waived where all of the involved affordable housing units will be priced to be affordable to households making less than 80% of the most recently published Centre County AMI.
Table 425-20B
CT Uses
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permitted Uses
Accessory Uses
Conditional Uses
Special Exceptions1
Prohibited Uses
All retail establishments for the sale, service and rental of goods
Customary uses accessory to permitted uses
Single-family homes
Duplexes
Townhouses
Apartments
Commercial parking lots
Automobile service stations
Fueling stations
Gasoline stations
Dry cleaning
Mortuaries
Bus passenger stations
Businesses that house animals overnight
Warehousing operations
All service establishments, including, but not limited to:
Barbers and beauticians
Health clubs
Tailors
Residential wind energy facilities (RWEFs)
Ambulance services
Amusement enterprises,
Animal hospitals
Art galleries
Billiard parlors
Bowling alleys
Business offices
Churches and other places of worship
Clubs
Commercial dairies
Community centers
Dental offices and clinics
Eating and drinking establishments
Financial offices
Firehouses
Fraternal organizations
Halfway house (except in PC District)
Hotels and motels
Lodges
Medical offices and clinics
Motion-picture theaters
Municipal office buildings
Museums
Newspaper publishing
Opticians and optical goods
Parish houses and convents
Photographic studios
Professional offices
Public and private garages for the storage and maintenance of motor vehicles
Public and private institutions of higher education
Public libraries
Public utility facilities
Radio and television studios
Reading rooms
Rehabilitation center
Skating rinks
Studios for instruction in music and the performing arts
Taxi and limousine service
Telecommunications facilities
Tourist homes
Veterinary offices
NOTE:
1
There are no special exceptions in this zoning district.
Table 425-20D
CT Area and Bulk Regulations
Minimum Tract Size
(acres)
Minimum Lot Width2
(feet)
Maximum Lot Coverage
Maximum Impervious Coverage1
Maximum Height
10
150
Structures: 30%
70% of the area outside required open space
Building: 50
NOTES:
1
See full text of § 425-20.
2
See definition for "lot width" (when not specified, lot width is measured at lot line).
Minimum Setbacks1
(feet)
Front1: 25 feet
Adjacent zoning district
Side
Rear
Rural and Residential
90
90
All PC, University and PAD
25
25
All Natural Resource
15
15
All Commercial and Industrial
10
10
Minimum1 Open Space
25% of tract
NOTES:
1
See full text of § 425-20.
Table 425-20H
Area and Bulk Regulations: Conditional Uses
Minimum Tract Size
(acres)
Lot Size
(square feet)
Minimum Lot Width1
(feet)
Maximum Lot Coverage
(structures)
10
Townhomes and apartments: greater than or equal to 3,500, but less than or equal to 5,000
Commercial portion: 150
Commercial portion: 30%
Single-family and duplex: Minimum: 4,000/unit
Average: less than or equal to 6,000/unit
Residential uses: 40
Single-family and Duplex: 35% for primary structure
NOTE:
1
See definition for "lot width" (when not specified, lot width is measured at lot line).
Maximum Height
(feet)
Minimum Setbacks1
(feet)
Commercial structures: 50
Commercial Portion
Residential structures1
Front2: 25 feet
Single-family detached or semidetached: 35
Not adjacent to residential portion of:
Multiple units: 2 to 4 units per structure, detached or semidetached: 35
Side
Rear
(feet)
Multiple units: 5 to 12 units per structure: 35
All PC, University and PAD
25
25
Multiple units: 13 or more units per structure: 60
All Natural Resource
15
15
Multiple units: group dwellings (townhouses); see R3, nothing provided
All Commercial and Industrial
10
10
Maximum Impervious Coverage1
Adjacent to any residential portion:
Commercial portion: 84%
Structures dumpsters and noise-producing equipment
20
20
Residential portion: 50% for multifamily uses (townhomes and apartments)
Other development improvements
1
1
Residential Portion
(feet)
Front: 5
For side and rear, see full text.
NOTES:
1
See full text of § 425-20.
2
There are no special exceptions in this zoning district.