[Added 4-9-2014 by Ord. No. 2014-555]
A. 
Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to:
(1) 
Permit and encourage a mix of land uses on previously developed lands and in new construction in the C1 General Commercial zoning district.
(2) 
Facilitate the redevelopment of underutilized commercial properties.
(3) 
Promote walkable communities with pedestrian-oriented buildings and connections to nearby destinations.
(4) 
Provide additional housing opportunities.
(5) 
Allow growth in places that are most conducive to accommodating additional development.
B. 
Applicability. These are optional regulations.
(1) 
These regulations may be utilized to develop or redevelop property located within the C-1 General Commercial District of Patton Township.
(2) 
Any lands rezoned to C-1 subsequent to the enactment of these provisions are eligible to develop under these provisions.
(3) 
Within the Mixed-Use Overlay District, all existing zoning, land use, and building regulations now in place continue to apply except where the regulations contained herein conflict with any other regulation. When such is the case, these regulations are intended to supersede and apply in order to facilitate development consistent with the purposes of § 425-54A above.
C. 
Developer Agreement. In addition to any other required guarantees for the installation of site improvements, a landowner or developer proposing to develop or redevelop property in accordance with the Mixed-Use Overlay District provisions shall submit a written statement declaring their intent to develop under these regulations and to install all improvements as required herein in addition to any other requirements of the underlying zoning and all other applicable regulations. The statement may be included on site development plans or submitted as a separate document.
D. 
Definitions. For the purposes of the Mixed-Use Overlay District, the following definitions shall apply.
ADULT USE
Any use involving a transaction for the purchase of sexually oriented products.
AWNING
A temporary or permanent roof-like projection constructed of cloth or fiber, wood, metal or other rigid material installed on a wall above windows or other facade treatment and lending shelter to pedestrians. The structure may or may not be retractable.
CANOPY
Similar to an awning. A canopy is considered to be an extension of the architectural character of the building materials and serving as a roof-like projection from a wall above windows or other facade treatment and lending shelter to pedestrians.
COLONNADE
Similar to a portico. Consists of a series of columns forming an entry area to a building and often attached to a roof structure.
COMMUNITY FACILITIES
On-site amenities provided for the common enjoyment of residents and pedestrians. Such facilities include, but may not be limited to, seating areas, landscaping, architecture, public art, etc.
CORNICE
A horizontal element of a building that projects outward from the building. Located at the top of the building or at another area such as the top of a floor. Examples include roof overhangs and eaves.
DEVELOPER AGREEMENT
A written statement provided by an owner or developer which declares their intent to develop a property in accordance with the provisions of the Mixed-Use Overlay District.
GROUND FLOOR
The first floor of a structure located above the surface of the ground.
LIVE/WORK UNIT
A space located within a nonresidential zoning district where the primary use of the space is nonresidential. The residential living area is subordinate to the nonresidential use. The use of space for living purposes shall be limited to 40% of the floor area. This type of arrangement differs from that of a home occupation where the dwelling is the primary use.
MIXED-USE
A development incorporating a combination of nonresidential and residential uses on the same property. A site may integrate such uses vertically and/or horizontally.
PILASTER
A pier or column type structure attached to the wall of a building at the ground floor level.
PORTICO
Typically an entrance area to a building constructed of a series of columns.
PRIMARY FACADE ARTICULATION
Required architectural treatments to be installed along the portion of the building facade facing a street. For the purposes of the Mixed-Use Overlay District, the location of these elements is the interface between the top of the ground floor and the beginning of the second floor.
SHARED PARKING, ON-SITE
Parking required to be provided on the same site as the mixed-use development. The calculation for required parking is determined by analyzing the different peak parking periods for each use and establishing the minimum parking based on the maximum peak.
SHARED PARKING, OFF-SITE
Required parking that is permitted to be located off premises from the mixed-use development. Parking shall be determined in accordance with § 350-49, Off-street parking.
SIDE FACADE ARTICULATION
The placement of required architectural treatments on the sides of mixed-use buildings. These elements shall be consistent with those used on the primary facade.
TRANSIT REDUCTION
A reduction in the required amount of parking based on the proximity of a development to public transit. A common practice meant to encourage the use of public transportation.
E. 
Use regulations.
(1) 
Permitted uses. In addition to all currently permitted uses in the C1 District, in the Mixed-Use Overlay District, a parcel or building may be used for one or more of the following uses permitted by right. The uses must be combined with an existing use/s or, if new construction, combined with a use/s permitted in the C1 District notwithstanding any prohibited mix of uses included herein.
(a) 
Dwelling units located above the ground floor.
(b) 
Live/work units located above the ground floor.
(c) 
Accessory uses as permitted in the C1 district.
(d) 
Nonresidential uses above the ground floor.
Nonresidential uses are permitted on additional floors in accordance with the underlying zoning district.
(2) 
Conditional uses. The following uses shall be permitted as conditional uses within the Mixed-Use Overlay District. All procedural requirements for conditional uses outlined within the Township Code shall be followed.
(a) 
Live/work units located on the ground floor. Live/work units are permitted on the ground floor of a mixed-use structure in accordance with the following conditions:
[1] 
The portion of the floor area contained within the unit being utilized as a live/work unit and allocated to living space shall not exceed 25% of the total floor area of the live/work unit space.
[2] 
The minimum size of the dwelling space shall meet the standard established by the Centre Region Building Safety and Property Maintenance Code.
[3] 
Parking shall be provided in accordance with § 350-49, Off-street parking, and § 425-54H herein, and determined based on the nonresidential use of the space in accordance with the following:
[a] 
No additional residential parking shall be required when all employees reside in the unit (in accordance with maximum occupancy established by the Township and/or Centre Region Code Agency). Verification of residency shall be provided.
[4] 
A ground floor live/work unit cannot be converted to an exclusively residential use, but may be converted to commercial.
[5] 
The interior shall be designed such that no portion of the residential living space is viewable from the storefront and sidewalk areas.
[6] 
The business owner/s shall furnish a copy of a current business license.
[7] 
Utility services shall comply with each utility providers rules or regulations regarding separate service connections and meters for residential and non-residential use within a live/work unit.
(3) 
Prohibited mixes. The following uses shall not be permitted to exist on the same parcel with residential units in the Mixed-Use Overlay District.
(a) 
Any use not currently permitted in the C1 district.
(b) 
Halfway house.
(c) 
Adult uses.
(d) 
Automobile service stations and gasoline stations.
(e) 
Drive-through facilities.
F. 
Area and bulk regulations. In order to achieve the purposes of the Mixed-Use Overlay District, the following area and bulk regulations shall be in effect.
(1) 
The following standards are per the underlying C-1 Zoning District, unless otherwise noted:
(a) 
Lot width: minimum 150 feet.
(b) 
Building coverage (all structures): maximum 30%.
(c) 
Setback: 70 feet.
[1] 
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.
(d) 
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.) In addition to the underlying zoning standard, the following shall also apply:
[1] 
Parking is permitted in the side yard area.
[2] 
To the extent practicable, parking for residential units should be located in areas closest to a rear or side entrance to the unit.
(e) 
Rear yards: 30 feet; except upon approval of a site plan as provided in setback section above. Screening shall be provided at the rear yard, along a ten-foot buffer strip measured from the rear property line. In addition to the underlying zoning standard, the following shall also apply:
[1] 
Parking is permitted in the rear yard area.
(f) 
Maximum building height: 50 feet.
(g) 
Maximum impervious coverage: Maximum impervious coverage shall be increased by 5% from the underlying zoning to 80% for lot sizes fewer than three acres and 75% for lot sizes equal to or greater than three acres.
[1] 
Lots less than or equal to 2.0 acres in size. Where installed, permeable pavers, porous pavement and/ or other permeable surface as approved by the Township Engineer shall be considered as pervious surface in the calculation for total maximum impervious coverage permitted herein. Permeable surface shall be considered to be pervious up to a maximum of 5% of the total lot area of the lot upon which it is installed, in accordance with the following:
[a] 
The permeable surface shall be used only for parking areas containing spaces which are in excess of the minimum required number of parking spaces. Only those spaces located farthest away from the main entrance shall be permitted to be covered with the permeable surface.
[b] 
The surface shall have a ten-percent minimum drainage void area and be designed with open graded base and subbase material to promote infiltration and filtration.
[c] 
For every portion of land area covered by permeable surface, a backup, overflow system equal to the permeable portion shall be installed adjacent to the permeable surface. On uncurbed parking lots, such a system may consist of a perimeter stone edge drain with a direct connection to the subsurface storage area.
[d] 
Spill controls must be installed in accordance with standard engineering practice.
[e] 
In addition to the above, one or more of the enhancements included on the Planned Commercial (C-2) District List of Approved Landscaping and Architectural Enhancements, included as an attachment to Chapter 425, shall be installed on site.
[f] 
Signage. Signage shall be installed stating that no parking or staging of construction vehicles is permitted in areas covered with permeable paving.
[g] 
Installation. The permeable surface shall be installed according to the manufacturer's specifications.
[h] 
Maintenance and repair. Maintenance and repair of the permeable surface shall be performed in accordance with the Pennsylvania Stormwater Best Management Practices Manual, Chapter 6.
[2] 
Bonus impervious area. For mixed-use development, an additional 5% of impervious area shall be permitted when stormwater best management practices are installed and maintained in accordance with the Pennsylvania Stormwater Management Best Practices Manual and when at least one of the following is utilized:
[a] 
Green roof.
[b] 
Fully subsurface detention or retention of stormwater.
[c] 
Other best management practice that substantially enhances stormwater management as approved by the Township.
(2) 
The following standards are not part of the underlying zoning district:
(a) 
Windows and doors. In an effort to create a pedestrian-oriented environment in mixed-use settings, a building used for mixed-use shall incorporate storefront treatments in accordance with the following:
[1] 
Transparency. A minimum of 50% of the street facing ground floor facade shall be comprised of clear glass in windows and doors.
[2] 
The areas provided above shall be designed to allow for pedestrian views to interior displays or other store spaces.
[3] 
Opaque or reflective glass materials are prohibited.
(b) 
Maximum residential density. There shall be no maximum on residential density established herein. Other site limitations associated with parking requirements, impervious area, building coverage, etc., will sufficiently govern the achievable densities.
(c) 
Mix of uses. The following establishes the limits for different uses in a mixed-use building. It is the purpose of these limits to maintain the existing commercial character of the C1 District.
(d) 
Commercial/office/retail. The amount of ground floor area devoted to nonresidential uses shall be no less than 75%.
G. 
Design standards. All design standards not otherwise specified herein shall be per the underlying zoning district.
(1) 
Architectural standards. To provide for an aesthetically appealing distinction between ground floor nonresidential uses and the residential units above, the following minimum requirements shall be met:
(a) 
Use of varying materials, textures or colors consistent with adjacent structures.
(b) 
Use of architectural detailing or elements, such as awnings, windows, colonnades, porches, porticos, columns, pilasters, cornices, or canopies.
[1] 
Primary facade articulation. For the purposes of this district, the primary facade articulation is that which creates distinct separation between the top of the ground floor and the beginning of the second floor. All treatments designed for these purposes such as awnings, cornices, canopies, etc. shall be installed accordingly and as illustrated below.
[2] 
Side facade articulation. Side facade treatments shall be similar and consistent with those of the primary facade and according to the following:
[a] 
Where the distance between buildings is 20 feet or greater, full treatments shall be required.
[b] 
Where the distance between buildings is less than 20 feet but greater than 10 feet, treatments such as canopies, awnings, and cornices may be replaced with offsets, bump-outs, recesses and belt courses or similar architecture with less projection.
[c] 
Where the distance between buildings is less than 10 feet, additional treatments shall not be required, but the varying colors and textures should be used.
(c) 
Varying horizontal elevations, bump outs, and recesses.
Figure 1
Figure 2
H. 
Off-Street parking requirements.
(1) 
Shared parking on-site. In determining the amount of parking to be provided, the following method may be applied. For existing development, the method is to be used to verify whether or not additional parking is required for proposed residential units and/or any reduction in parking required per § 350-49C(3)(a). Parking for new mixed-use development shall be in accordance with the following.
(a) 
Step 1: Calculate the minimum amount of shared parking required per § 350-49 for each land use as if it were a separate use. This is the base parking rate normally required.
(b) 
Step 2: To determine peak parking requirements for the site, multiply the minimum parking required for each land use as determined in Step 1 by the corresponding percentage for each of the time periods shown in the table below.
(c) 
Step 3: Calculate the total parking for each of the uses for each of the time periods.
(d) 
Step 4: Calculate the total aggregate required parking for each time period by adding up the parking required for each use in that time period column.
(e) 
Step 5: Identify the minimum shared parking requirement as the column with the highest value.
On-Site Shared Parking Demand
Weekdays
Weekends
Use
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
Office
100%
10%
5%
10%
5%
5%
Retail
70%
90%
5%
100%
70%
5%
Hotel/motel
75%
100%
100%
75%
100%
100%
Restaurant
60%
100%
10%
60%
100%
20%
Entertain-
ment/
recreation
40%
100%
10%
80%
100%
50%
Residential
60%
100%
100%
80%
100%
100%
Example calculation:
A proposed development has the following amounts of required parking:
On-Site Shared Parking Requirement Calculation
Without On-site Shared Parking
With On-site Shared Parking
Office (90,000 square feet) = 300 spaces
Weekday 8:00 a.m. to 6:00 p.m. - 460 spaces
Retail (30,000 square feet) = 100 spaces
Weekday 6:00 p.m. to 12:00 a.m. - 270 spaces
Restaurant (10,000 square feet) = 50 spaces
Weekday 12:00 a.m. to 8:00 a.m. - 125 spaces
Apartments (100 units) = 100 spaces
Weekend 8:00 a.m. to 6:00 p.m. - 240 spaces
Weekend 6:00 p.m. to 12:00 a.m. - 235 spaces
Weekend 12:00 a.m. to 8:00 a.m. - 130 spaces
Total = 550 spaces
Total = 460 spaces (using peak period of 8:00 a.m. to 6:00 p.m. on weekdays)
With on-site shared parking, the development requires only 460 spaces. This equates to the maximum needed for the highest peak usage during the week and is 90 spaces fewer than would otherwise be required, more than a 15% reduction.
(2) 
Shared parking off-site. Off-site shared parking is permitted in accordance with § 350-49C(3)(a). This differs from the above-noted provision in that it pertains to shared parking located on adjacent properties not held in common ownership.
(3) 
Transit reduction. Mixed-use development located within 1/4 mile of a public transit stop may reduce the amount of required parking by 10%.
(4) 
Other parking reductions. Other parking reductions as permitted by § 350-49C(3)(a) remain in effect. In the event of a conflict between these parking provisions and those of § 350-49, the regulation that requires fewer parking spaces shall apply.
(5) 
Bicycle parking. Mixed-use development shall provide on-site bicycle storage for 2.5% of the total number of required parking spaces.
I. 
Bicycle and pedestrian connections.
(1) 
All mixed-use development shall provide for bicycle trails or lanes that connect to all appropriate adjacent properties and neighborhoods as a means of providing linkage between lots. Where the bicycle trail can be combined with pedestrian sidewalk systems, as determined by the municipality, then the combined pedestrian/ bicycle trail shall meet American Association of State Highway Transportation Officials (AASHTO) standards.
(2) 
Sidewalks shall be required as per Chapter 320, Streets and Sidewalks.
J. 
Community facilities.
(1) 
In lieu of public open space and in addition to required bicycle and pedestrian amenities, mixed-use development shall include a minimum combination of other amenities as per Table 1.
Minimum Required Amenities
Seating
Drinking Fountains
Planters
Landscaping/ Architecture
Other Improvements
1 bench per storefront or 1 bench per each entrance, whichever is greater
Substitutions: 2 chairs per bench
1 picnic table per each building containing commercial or retail tenants with 1 trash receptacle in close proximity to each table
1 per each building containing commercial or retail tenants
2 per each bench or seating area
If no seating, 3 per storefront or 1 per 10 feet of facade length, whichever is greater
Items included on the Township-maintained list of acceptable landscaping and architectural enhancements may be used to supplement other required amenities
The Township will consider other proposed improvements that are not already included herein or in the list of landscaping and architectural enhancements if such improvements are consistent in character and purpose
(2) 
Location and arrangement.
(a) 
Seating.
[1] 
Benches and chairs. Each bench provided should be located at the storefront, near the entrance. If a storefront contains multiple entrances, a bench shall be provided for each entrance. If chairs are substituted for benches, they shall be located and arranged in a similar manner.
[2] 
Picnic tables. Picnic tables may be provided in lieu of other seating as per Table 1. The table/s must be placed on pervious surface. In addition, adequate trash receptacles shall be placed in close proximity to each table.
(b) 
Drinking fountains. Each fountain shall be provided in a common area readily accessible to patrons.
(c) 
Planters.
[1] 
If seating areas are not provided, planters should be evenly spaced across the entire length of the storefront at a minimum rate of three per storefront or one per every ten feet of building facade, whichever is greater.
[2] 
Maintenance: All vegetation in the planters shall be maintained and cared for so as to be alive and healthy. Any dead or dying vegetation shall be replaced promptly.
(d) 
Enhanced landscaping and architecture. The Township maintains a list of acceptable landscaping and architectural enhancements that may be installed on-site. One or more of these features may be used to supplement the required amenities in Table 1.
(e) 
Other improvements. In addition to the amenities included above, the Township will consider other proposed improvements that are not already included herein or in the list of landscaping and architectural enhancements if such improvements are consistent in character and purpose.
(3) 
Construction and appearance. The construction and appearance of amenities shall be generally harmonious with on-site and adjacent property features.