[Ord. No. 02-2024, 2/21/2024]
In the expansion of the declaration of legislation intent contained
in Part 1, the intent of the Fayette Street Corridor Overlay District
is to allow property owners in the overlay district the option of
developing/redeveloping properties according to the underlying zoning
or according to the FCO zoning and to establish development standards
which achieve the following:
1. Encourage economic development and redevelopment of under utilized
parcels.
2. Assist in unifying Fayette Street as an attractive, vibrant mixed-use
corridor.
3. Promote pedestrian orientation of streets and buildings.
4. Use scale, building orientation, and landscaping to establish community
identity.
5. To incentivize lot assembly and consolidation toward the more efficient
and cost-effective use of land.
6. Simplify and streamline the approval process.
[Ord. No. 02-2024, 2/21/2024]
This overlay district covers properties along Fayette Street
between Elm Street and 12th Avenue. The Fayette Street Corridor Overlay
District includes portions of the following underlying zoning districts:
R-O and BC. In an effort to preserve the character of Fayette Street,
the overlay district shall be separated into three separate zones.
1. Zone One extends from Elm Street on the east side of Fayette Street
and 1st Avenue on the west side of Fayette Street to 4th Avenue.
2. Zone Two extends from 4th Avenue to 9th Avenue.
3. Zone Three extends from 9th Avenue to 12th Avenue.
[Ord. No. 02-2024, 2/21/2024]
1. The Fayette Street Corridor Overlay District shall be considered
a mixed-use district. More than one use, in a single building, per
lot is permitted in the FCO District in accordance with the requirements
in this chapter.
Table of Permitted Uses in the FCO District
|
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Use
|
Zone One
|
Zone Two
|
Zone Three1
|
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Residential uses
|
X2,3
|
X2
|
X2
|
Office
|
X
|
X
|
X
|
Hotel/motel (including ancillary meeting room facilities)
|
X
|
|
|
Parking garage or lot
|
X
|
|
|
Retail establishment
|
X
|
X
|
X
|
Bank or other financial institution
|
X
|
X
|
|
Restaurant or cafe (excluding drive-in or drive-through)
|
X
|
X
|
X
|
Personal service shop
|
X
|
X
|
X
|
Fitness center, health club, or racquet club
|
X
|
|
|
Day-care facility4
|
X
|
|
|
Municipal building or community facility
|
X
|
X
|
X
|
Public park or civic plaza
|
X
|
X
|
X
|
Florists
|
X
|
X
|
X
|
Bakery, candy, pastry, confectionary or ice cream retail sales
|
X
|
X
|
X
|
Studio for dance, fitness, music, art or photography
|
X
|
X
|
X
|
Tavern or bar
|
X
|
X
|
|
Microbrewery, winery or distillery
|
|
X
|
|
Recreation (indoor)
|
X
|
X
|
|
Farmer's or grocer's market
|
|
|
X
|
Accessory use on the same lot which is customarily incidental
to any use permitted
|
X
|
X
|
X
|
Notes:
|
1
|
See § 27-2303, Subsection 2A, for additional requirements.
|
2
|
See § 27-2303, Subsection 2B, for additional requirements.
|
3
|
See § 27-2303, Subsection 2C, for additional requirements.
|
4
|
See § 27-2303, Subsection 2D, for additional requirements.
|
2. Additional Use-Specific Requirements.
A. All nonresidential uses permitted in Zone Three shall cease operation
by 10:00 p.m.
B. Residential uses shall not be located on the street or ground level,
and shall be above a nonresidential use.
C. Residential uses permitted in Zone One are limited to multifamily
dwelling units.
D. For a day-care facility proposed in the FCO District the following
shall apply:
(1)
A day-care facility, whether for children or adults, shall be permitted by-right within the FCO District, subject to the requirements of Subsection
2D(2) and
(3) hereof as applicable.
(2)
Child Day-Care Facilities.
(a)
One off-street parking space shall be provided for each employee
and one safe passenger unloading space measuring nine feet by 18 feet
for every 10 children or portion thereof, that the center is licensed
to accommodate.
(b)
If located on site, the requisite outdoor play area shall be
surrounded by a safety fence or natural barrier impenetrable by children
or small animals.
(c)
When an off-premises play area is utilized, it must be located
within 500 feet of the center and be safely accessible without crossing
at grade any arterial street or other hazardous area.
(d)
The time of operation shall be limited to the hours between
6:30 a.m. and 7:00 p.m.
(e)
Outdoor play shall be limited to the hours between 8:00 a.m.
and 6:30 p.m.
(f)
No portion of the outdoor play area shall be located less then
30 feet from an existing occupied dwelling without the owners written
consent.
(g)
No day-care center shall be established within 500 feet of another
such use or school.
(3)
Adult Day-Care Facilities.
(a)
One off-street parking space shall be provided for each employee.
(b)
The time of operation shall be limited to the hours between
6:30 a.m. and 7:00 p.m.
[Ord. No. 02-2024, 2/21/2024]
|
Zone One
|
Zone Two
|
Zone Three
|
---|
Building height (maximum)
|
40 feet
|
45 feet or 4 stories
|
35 feet or 3 stories
|
Front yard1 (maximum)
|
|
25 feet
|
25 feet
|
Front yard (minimum)
|
|
15 feet
|
15 feet
|
Side yard (minimum)2
|
|
5 feet
|
10 feet
|
Rear yard (minimum)
|
20 feet
|
20 feet
|
30 feet
|
Lot area (minimum)
|
10,000 square feet
|
2,000 square feet
|
2,500 square feet
|
Impervious coverage (maximum)
|
85%
|
85%
|
65%
|
Notes:
|
1
|
See § 27-2306, Subsection 4, for additional requirements.
|
2
|
See § 27-2306, Subsection 5, for buildings sharing a party wall.
|
[Ord. No. 02-2024, 2/21/2024]
In the FCO District, for every project where at least 15,000
square feet of nonresidential space is developed, a civic or public
plaza shall be developed on the site that is at least 1,500 square
feet. This space shall be provided for public gatherings and events.
The plaza shall contain amenities, such as landscaping, seating, lighting,
trash receptacles and bike racks. The minimum dimension of the plaza
shall be 30 feet in any one direction. The location shall be as approved
by the Borough Council. The plaza shall be maintained, in perpetuity,
at the sole cost of the developer and that developer shall provide
such public use licenses and/or easements as shall be required by
the Borough.
[Ord. No. 02-2024, 2/21/2024]
1. Blank walls facing Fayette Street are prohibited. Exterior walls
should contain architectural elements and colors that are consistent
with the building and facade. The ground floor front facades of buildings
fronting a street shall consist of a minimum of 45% window area and
a maximum of 80%, with views provided through these windows into the
business. Upper story windows of front facades shall not be boarded
or covered and shall comprise a minimum of 35% window area in the
facade above the ground floor and a maximum of 75%. Those portions
of walls without window area shall consist of architectural elements
that help to break up the wall. These elements can consist of lighting,
projections, decorative brick, or tile, or other articulation.
2. Street facing buildings should exhibit varying roof heights to break
up horizontal form and contain architectural elements like gables,
dormers and cornices and/or other architectural treatments that add
detail and interest to the building facades that face streets. Flat
roofs shall not be permitted in Zone Two on buildings that are four
stories.
3. Buildings and major pedestrian entrances shall be oriented towards
the primary street frontage or public plazas.
4. The front yard required by §
27-2304 shall be measured from the curbline of the public street.
5. A side yard is not required along the side of a building that shares
a party wall.
6. A minimum unobstructed sidewalk width of five feet is required.
7. Street trees shall be planted by the developer along all public rights-of-way.
Street trees shall be planted at intervals of no more than 40 feet
and shall be maintained by the property owner. Tree species shall
be selected that require minimal maintenance and are native or noninvasive
to the region.
8. Signs.
A. One freestanding sign shall be permitted per street frontage provided
that:
(1)
Freestanding signs shall not exceed 35 square feet in area and
must be set back a minimum of 10 feet from the curbline of the frontage
street or outer edge of the shoulder and outside the legal right-of-way.
(2)
The maximum height, including supports, shall be 12 feet.
(3)
Where the freestanding sign is to be shared by two or more uses, the maximum sign area calculated in subsection
8A, above may be increased by 25% for each additional use in excess of one use.
B. In addition to the one freestanding sign, each tenant within a mixed
use building shall be permitted one awning, window or wall sign which
may not exceed 16 square feet in area.
9. A historic single-family detached dwelling as defined pursuant to §
27-1902-C, Definitions, of this Chapter shall remain subject to the requirements of Part
19-C, HRC-Historic Residential Conservation Overlay District, even if the single-family detached dwelling is proposed to be expanded, altered, demolished, or converted as part of a development under the FCO District.
[Ord. No. 02-2024, 2/21/2024]
Parking requirements within the FCO District are as follows:
1. Off-Street Parking Requirement. Nonresidential uses shall be required
to provide a minimum of three parking spaces for every 1,000 square
feet of gross floor area, excluding parking structure uses. Residential
uses shall be required to provide a minimum of one space per dwelling
unit for efficiency and one-bedroom dwelling units and 1.5 spaces
per dwelling unit for dwelling units with two or more bedrooms. The
total required number of off-street parking spaces shall be the combined
number of spaces required for nonresidential and residential uses
proposed on the site.
2. The required off-street parking spaces may be located elsewhere than
on the same lot when authorized as a conditional use by the Borough
Council subject to the following conditions:
A. The owners of two or more establishments shall submit, with their
application for conditional use, a site plan showing joint use and
location of a common off-street parking area.
B. Some portion of the common off-street parking area lies within 200
feet of an entrance regularly used by patrons, into the buildings
served thereby.
C. The Borough Council may, in its discretion, reduce the number of
required parking spaces upon determination that greater efficiency
is effected by joint use of a common parking area, but in no case
shall the number of off-street parking spaces be reduced by more than
20% of the required number of spaces.
3. Where feasible, ingress and egress from parking shall be from side
streets or alleys, not Fayette Street.
4. Parking areas must be to the side or rear of buildings and shall
comply with setback requirements as established in the underlying
district. Parking areas are prohibited in the required front yard
and/or in the area between the front of the principal building and
the street line.
5. Parking areas shall provide pedestrian walkways and connections to
the public sidewalk system and to the building.
6. Parking structures shall be designed and scaled to be compatible
with adjacent buildings and architecture.
7. The creation of new sidewalk curb cuts shall be avoided whenever
an alternative point of access is available or can be created. Shared
access agreements are encouraged.
[Ord. No. 02-2024, 2/21/2024]
In the case of a conflict between the regulations of this overlay district and those of the underlying zoning district, the regulations of this overlay shall control for mixed use structures and uses; the underlying zone shall control for all other structures and uses. Furthermore, the provisions of Part
19-C, HRC-Historic Residential Conservation Overlay District, shall apply with full force and effect to all single-family detached dwellings (as defined pursuant to §
27-1902-C, Definitions) even if the single-family detached dwelling is proposed to be expanded, altered, demolished, or converted as part of a development under the FCO District.