City of Allentown, PA Article 3 Overlay Zones

§ 660-8 Applicable to all overlay zones.

A. General. As the name implies, overlay zones "over-lay" applicable base zone classifications to alter some or all of the base zoning regulations that apply to particular sites. Overlay zones work to modify or supplement the regulations imposed by the base zone when necessary to address special situations or accomplish specific City goals. Overlay zoning is primarily intended to be used when the base zone applied to an area remains generally appropriate, but when additional requirements would help implement the City's planning goals or address an area-specific planning, design or land use regulation issue.

B. Interpretation.

(1) All applicable regulations of the underlying base zone apply to property in an overlay zone unless otherwise expressly stated in the overlay zone regulations.

(2) When overlay zone regulations conflict with regulations that otherwise apply in the underlying base zone, the regulations of the applicable overlay govern. If a property is classified in multiple overlay zones and the regulations of one overlay zone conflict with the regulations of another overlay zone, the more restrictive regulations govern.

§ 660-9 Zones established.

The City's overlay zones are listed in Table 660-2. When this chapter refers to "overlay" zones, it is referring to these zones.

Table 660-2. Overlay Zones
Symbol	Zone Name
OVERLAY ZONES
SRO	Student Residence Overlay
SRRO	South Riverfront Redevelopment Overlay
HBDO	Historic Building Demolition Overlay
RRO	Riverfront Redevelopment Overlay
MUO	Mixed-Use Overlay

§ 660-10 SRO, Student Residence Overlay.

The Student Residence Overlay is established within the geographic overlay boundaries on the Zoning Map, to manage student residence uses per § 660-36B.

§ 660-11 SRRO, South Riverfront Redevelopment Overlay.

A. Purpose. The purpose of the South Riverfront Redevelopment Overlay (SRRO) is to allow for the development of mixed-use, walkable buildings and site design for GX-C-zoned properties within the geographic overlay boundaries depicted on the official Zoning Map.

B. Applicability. The SRRO is an optional district. Owners of GX-C-zoned properties within the boundaries of the SRRO have the option of developing property in accordance with the SRRO regulations of this section or in accordance with the regulations of the underlying (GX-C) zone. In order to use the SRRO regulations of this section, property owners must first secure approval of a master plan per Article 3 of Chapter 350, Land Development and Subdivision. Properties not zoned GX-C and properties not covered by an approved master plan may not use the SRRO regulations of this section and are subject instead to compliance with the underlying zone regulations.

C. Intent. The regulations of the SRRO are primarily intended to serve the following purposes:

(1) To encourage new mixed-use development along the riverfront.

(2) To maintain access to the riverfront by the public.

(3) To create walkable blocks, extending the City's gridded network of streets through the sites.

(4) To create a hierarchy of streets and alleys or service drives that prioritize continuous, pedestrian-oriented streetscape throughout the development.

D. Building requirements. The building types of underlying zoning apply except as follows:

(1) Storefront. The storefront building type may be used in any underlying zone.

(2) Setbacks. No minimum building setbacks apply.

(3) Building coverage. Maximum allowed building coverage is 90%.

(4) Height. No minimum or maximum height limits apply.

E. Allowed uses. The use regulations of the underlying zone apply in the SRRO, except that drug and alcohol rehabilitation facilities and halfway houses are expressly prohibited in the SRRO.

F. Block size. Block length must be no more than 600 feet, with a maximum perimeter of 1,800 feet, except that blocks longer than 600 feet may be approved if pedestrian access easements at least 20 feet in width with minimum five-foot sidewalks are provided, thereby effectively reducing the resulting pedestrian blocks to dimensions less than the block sizes defined above.

G. Emergency vehicle and service access. The configuration of the lots and blocks must include alleys or service drives to accommodate parking and garage access, refuse and recycling pickup, emergency vehicles and utilities in the rear of lots.

H. Riverside Drive streetscape. The minimum dimension required for streetscapes along ground stories is 20 feet (measured from edge of curb to front of building), with a clear sidewalk and street trees.

I. Building frontage.

(1) Building frontage. Must be designed to have a prominent frontage along Riverside Drive and the waterfront. Building entrances are encouraged a minimum of one per every 120 feet of front facade.

(2) Commercial frontage along riverside drive and the waterfront. Buildings must have an active ground floor commercial frontage along Riverside Drive and the waterfront.

J. Waterfront buffer. The minimum width for the waterfront buffer is 50 feet along all waterfronts. Dedicated waterfront access is required.

(1) Within the waterfront buffer, a minimum ten-foot-wide pedestrian and bicycle access path must be provided, extending along the waterfront.

(2) A continuous publicly accessible ten-foot sidewalk or multi-use trail must connect the waterfront to an existing street.

(3) The developer shall work with the City to ensure adequate emergency vehicle access is available for properties included within the development as well as the adjacent waterway.

(4) This provision may be modified for properties with less than 350 liner feet of waterfront.

K. Waterfront views from Riverside Drive. Properties situated between the waterfront and Riverside Drive must provide waterfront views from Riverside Drive. For every 500 linear feet of lot frontage along Riverside Drive, one unobstructed open sightline, minimum 20 feet in width, must be provided through the lot towards the water from Riverside Drive.

(1) An upland connection may be used to meet this requirement, provided the sightline is maintained from Riverside Drive to the waterway.

(2) A publicly dedicated street abutting the property may also be used to meet this requirement, provided the sightline is maintained every 500 feet.

L. Vistas. Views down streets that terminate at parcels (referred to as "vistas" in these regulations), including where a street might angle at less than 90°, may be considered when laying out streets and blocks, and locating open space, parking, and buildings.

§ 660-12 HBDO, Historic Building Demolition Overlay.

A. Purpose. The purpose of the regulations of the Historic Building Demolition Overlay (HBDO) is to manage the potential demolition of historic buildings within the City and to prevent the demolition of valuable historic assets that help define the distinctive architectural character, history, and sense of place of Allentown.

B. Intent. The regulations of the HBDO are primarily intended to serve the following purposes:

(1) To protect architectural resources, preserve local heritage, and retain existing, historically valuable buildings.

(2) To establish a clear process to review the demolition of historic buildings.

(3) To use, adapt, and rehabilitate existing buildings. To strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.

(4) To carry out the recommendations of the comprehensive plan, including recommendations to preserve historic buildings and community character.

C. Authorization. The regulations for this HBDO Overlay are authorized by the following sections of the Pennsylvania Municipalities Planning Code, P.L. 805, No. 247 as re-enacted and amended:

(1) Section 603(b)(2),[1] which enables zoning ordinances to permit, prohibit, regulate, restrict and determine the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures;

[1] Editor's Note: See 53 P.S. § 10603(b)(2).

(2) Section 603(g)(2),[2] which states that zoning ordinances must provide for the protection of natural and historic features and resources;

[2] Editor's Note: See 53 P.S. § 10603(g)(2).

(3) Section 604(1),[3] which enables zoning ordinances to preserve the natural, scenic and historic values in the environment; and

[3] Editor's Note: See 53 P.S. § 10604(1).

(4) Section 605(2)(i),[4] which enables zoning ordinances to provide classifications within any zone for the regulation, restriction or prohibition of uses and structures at, along or near places having unique historical, architectural or patriotic interest or value.

[4] Editor's Note: See 53 P.S. § 10605(2)(i).

D. Applicability. This section applies to the demolition or partial demolition, as defined in § 660-135, of any principal building or portion thereof within the HBDO that is visible from an A or B street and was constructed at least 50 years prior.

(1) The following are not required to be reviewed as part of the HBDO:

(a) Any building, building element, or portion of a building added within the last 50 years, not deemed to be architecturally or historically significant. Significance is determined by the Planning Director or their designee.

(b) A building that fronts on a C street.

(c) Any building located within an historic district where demolition is regulated through Chapter 328, Historic Districts.

(d) Accessory structures that are not attached to the principal building.

(e) The removal of features that are not visible from an A or B street.

(f) The removal of features that are only visible from a C street or alley.

(g) Interior renovations that do not harm the structural stability of the building.

E. Application and approval procedures. A building regulated by this section may not be demolished or partially demolished unless such action has been given special exception approval by the Zoning Hearing Board in accordance with §§ 660-115 and 660-12, and all requirements of the overlay have been met.

F. Information required. In addition to the required zoning permit application for the demolition, the following information must be submitted by the applicant:

(1) Recent and, if available, historic, exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans must be provided as needed to support the applicant's claim;

(2) A site plan drawn to scale showing existing buildings and the proposed demolition;

(3) A written statement of the reasons for the demolition; and

(4) A written statement of the proposed use of the site, and a proposed timeline for development of that proposed use.

G. Self-created conditions. The conditions that justify the proposed demolition of a building regulated by this section may not have been self-created by the applicant. These conditions include, but are not limited to:

(1) Lack of proper maintenance of the building, including but not limited to structural elements, the roof, windows or architectural elements; or

(2) Leaving parts of a building open to the elements or accessible to vandalism.

H. Evidence. The applicant must provide sufficient, credible evidence to justify any claims that a building cannot feasibly be repaired or reused per the City's Guidelines for Historic Districts, Section 3.15, Demolition.

(1) Evidence may include such items as a professional conditions assessments, property appraisal, a written estimate of the costs of rehabilitation by a qualified contractor, a written report from a professional engineer regarding the structural soundness of the building, and similar due diligence.

(2) The City may conduct an independent review to verify evidence submitted by the applicant.

I. Special exception standards. For approval of a demolition, the standards of this section shall apply in place of any general special exception standards of this chapter. In reviewing the application, the Zoning Hearing Board must consider the following:

(1) The historical and architectural significance of the building proposed to be demolished and the effect of the proposed demolition on the historic character of the streetscape or surrounding neighborhood.

(2) The feasibility of other alternatives to demolition.

(3) Any potential community benefit that would accrue as a result of the demolition.

(4) In order to obtain approval for a proposed demolition, the applicant is required to provide credible evidence that proves to the satisfaction of the Zoning Hearing Board that two or more of the following conditions exists:

(a) The existing building cannot feasibly and reasonably be reused per the City's Guidelines for Historic Districts, Section 3.15, Demolition, and that such situation is not the result of intentional neglect by the owner. Demolition is not appropriate if due diligence demonstrates that there is an economically viable use for the property.

(b) The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created. See § 328-17 in Chapter 328, Historic Districts, for definition of unreasonable economic hardship.

(c) The demolition is necessary to allow a project to occur that will have substantial public benefit or benefit to the surrounding neighborhood that would greatly outweigh the loss of any historic building. Public benefit must meet the vision, goals, and objectives in the Comprehensive Plan.

(d) The building is not historically or architecturally significant.

J. HARB recommendation. The Historical Architectural Review Board (HARB) must provide a recommendation to the Zoning Hearing Board concerning the historical and architectural significance of the building proposed to be demolished and on the effect of the proposed demolition on the historic character of the streetscape or surrounding neighborhood. HARB must provide its recommendation within 30 days of receipt of the application prior to forwarding to the ZHB for the special exception process.

K. Emergency situations. The Zoning Officer may issue a permit for demolition of any portion of a building or a building deemed wholly unsafe without compliance with this section. Demolition must be limited only to any portion of the building deemed unsafe. The director of building standards and safety must certify in writing that the building or the portion of the building to be demolished represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.

§ 660-13 RRO, Riverfront Redevelopment Overlay.

A. Boundary. The Riverfront Redevelopment Overlay Zone applies within the geographic overlay boundaries depicted on the official Zoning Map.

B. Applicability and phasing.

(1) The RRO District is an optional district that overlays the underlying zoning district. An applicant shall have the option of developing property under the RRO District or under the underlying district. Once a final plan is approved under the RRO District, it shall be completed under the RRO District provisions.

(2) Development in the RRO District shall first require approval as a planned residential development (PRD). The PRD approval process generally replaces the traditional land development and subdivision approval process. Once a PRD has been granted final approval by the City Planning Commission, then individual uses allowed in the RRO District shall be permitted by right, provided they are consistent with the approved PRD plan. If uses or development are proposed that are inconsistent with the approved PRD plan, then the PRD plan revisions shall first be approved by the Planning Commission.

(3) The provisions of this RRO District shall only be available to be utilized if the total area of the tract is greater than 20 acres in common ownership or common equitable ownership at the time of tentative PRD plan submission. Each phase of development shall include a minimum of three acres. For the purposes of the RRO District, a tract may include lots that are separated from each other by a street, a railroad, an alley, a vehicle accessway, or a similar land area intended for vehicle access. Once one PRD has been approved in the RRO District, then a second contiguous PRD in the RRO District shall have a minimum tract size of three acres, provided that the second PRD is coordinated in uses and traffic access with the first PRD. The intent is to have the second PRD serve as an extension of the first PRD, even though the developer and ownership may be different.

C. Use regulations.

(1) Permitted uses. The following uses are permitted by-right in the RRO District, provided approval is first granted as a PRD:

(a) Twin dwelling or two-family dwellings.

(b) One or more apartment/multifamily dwellings within a building that includes a principal nonresidential use.

(c) Multifamily dwellings (other than conversions), three or more dwelling units on a lot.

(d) Rowhouse/townhouse.

(e) Residential conversion of an existing building to result in an increased number of dwelling units, other than above.

(f) Amusement arcade.

(g) Bed-and-breakfast inn.

(h) Business services.

(i) Catering, preparation of food for (this use may be combined with a restaurant if the requirements for a restaurant are also met).

(j) Commercial communications tower/antenna, non-freestanding extending less than 25 feet above an existing principal building, structure, or public utility transmission tower that is over 60 feet in height.

(k) Custom crafts, manufacture and sale of (such as jewelry and handicrafts), or artisan's studio retail craft shops such as, but not limited to, artisan shops, glass blower shops, ceramic tile maker shops.

(l) Exercise club, or fitness facility, including indoor or outdoor swimming pool.

(m) Financial institution (which includes a bank but which does not include a check cashing establishment or pawn shop, each of which shall be considered a retail store).

(n) Hotel or motel, which may include a restaurant and conference center.

(o) Massage establishment meeting the City massage establishment ordinance. All other massage establishments shall be prohibited.

(p) Offices of business, institution, profession, medical, or similar entity (see also "home occupation").

(q) Personal services (such as barbershops, beauty shops, laundry and dry cleaning pickup and delivery, and closely similar uses).

(r) Printing and duplication, custom (see also "printing as an industrial use").

(s) Recreation, commercial, indoor or outdoor, other than an adult use or amusement arcade.

(t) Restaurant, including takeout, without drive-through service.

(u) Restaurant, including takeout, with drive-through service.

(v) Retail store (such as a drug store or variety store, other than adult use).

(w) Shopping center.

(x) Tavern or nightclub, which may include a brewpub that manufactures alcoholic beverages for on-site and off-site sale.

(y) Theater (not including an adult use), civic and/or cultural facility, arena, gymnasium, auditorium or sports stadium.

(z) Trade school or similar educational institution.

(aa) Veterinarian, other than kennel.

(bb) Research and development, engineering or testing facility or laboratory.

(cc) Adult day-care center.

(dd) Child-care center, nursery school, preschool or "head start" program center.

(ee) College or university.

(ff) Museum or visitor's center, and which include accessory retail sales.

(gg) Nursing home or personal care home.

(hh) Community center, nonprofit.

(ii) Government uses (not including prisons, other correctional facilities and solid waste facilities).

(jj) Membership club.

(kk) Public park, playground or other publicly owned recreation facilities or noncommercial outdoor recreation areas.

(ll) Boat dock, wharf or marina.

(mm) Swimming pools, household or non-household, public or private.

(nn) Bus and taxi shelters.

(oo) Telephones, pay or vending machines, outdoors.

(pp) Parking, off-street, public or private, surface or structured, as a principal or accessory use of lot.

(qq) Public utility; other facilities such as electric substations, but not including vehicle garages, warehouses, storage yards or commercial communications antennas.

(rr) Accessory use and/or structure on the same lot and customarily incidental to a lawful principal use.

(ss) Community events and displays.

(tt) Family child-care home.

(uu) Group child-care home.

(vv) Home occupation, medical, dental, chiropractic or similar licensed and professionally certified doctor, which shall be limited to one such doctor per dwelling.

(ww) Home occupation, all types.

(xx) Manufacturing as a routine and customary accessory use to the permitted principal use of the lot (see also "custom crafts").

(yy) Warehousing as an accessory use to the permitted principal use of the lot.

(zz) Community center.

(aaa) Public park on public recreation facilities or noncommercial outdoor recreation areas.

(bbb) Schools, public and private.

(ccc) Wholesale, provided that the Planning Commission finds that:

[1] Such use (including any accessory warehouse use) occupies no more that 10% of the aggregate floor area shown on the PRD plan;

[2] The type and scale of the wholesale use is compatible with the overall intent and mix of uses proposed for the PRD;

[3] The use's location, proposed access, loading and unloading facilities and exterior are designed such that the proposed use does not substantially detract from the architectural design, functionality and overall design of the remainder of the PRD.

(2) Prohibited uses. Drug and alcohol rehabilitation facilities and halfway houses are expressly prohibited in the RRO District.

D. Area, yard and building regulations.

The following area, yard and building regulations shall apply for all uses other than industrial uses, whichever is most restrictive; however they shall not apply to a change of use of a building that existed on the tract prior to the enactment of this RRO District.

(1) Maximum residential density: 25 dwelling units/acre. (Note: The maximum residential density shall be based upon the total area of the tract, before the deletion of rights-of-way of proposed streets and before the deletion of open space. Dwelling units may be located within the same building as allowed nonresidential uses, provided such mixture of uses is consistent with the approved master plan.)

(2) Minimum lot area: none.

(3) Minimum lot width: 20 feet. [Note: Individual uses or buildings may be owned in a condominium arrangement, without each condominium unit needing to meet the minimum dimensional requirements (such as lot width and yards), provided that the applicant shows that the development would have been able to meet the dimensional requirements if individual lot lines had been established.]

(4) Minimum building setback from the perimeter of the tract: 20 feet, except a minimum of 50 feet from a residential district boundary for a building of greater than 40 feet in height.

(5) Minimum front yard setback: zero feet.

(6) Minimum rear yard setback: zero feet.

(7) Minimum side yard setback: zero feet.

(8) Maximum building coverage: 70%. (Note: The maximum building coverage shall be based upon the ground level footprint of all buildings on the tract divided by the total area of the tract. Individual lots may have a higher building coverage, provided that the maximum is not exceeded for the tract. The City may require that certain lots include a deed restriction limiting their maximum coverage to ensure that the maximum overall coverage requirement is met across the tract over time.)

(9) Maximum building height: 140 feet.

(10) Buffer yard required: No, except a ten-foot-wide buffer yard shall be required if a preexisting principal dwelling in a residential district is adjacent or across a street or alley from a new principal business use and such dwelling is not within the RRO District.

(11) Site plan review by City: yes.

(12) Riverfront building setback: minimum of 25 feet from the top of the bank of the Lehigh River or a structural wall along the Lehigh River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan.

(13) Private outdoor area. Each single-family detached, twin and townhouse dwelling shall have a private outdoor area including a minimum area of 400 square feet for the exclusive use of that dwelling unit. Such outdoor area may be a rear or side yard, a porch, a balcony, a deck, an improved rooftop recreation area with railings, or a similar feature.

E. Uses allowed in underlying district. For a use allowed by the underlying zoning district (such as a manufacturing use) that is not allowed in the RRO District regulations, all of the regulations of the underlying zoning district shall apply instead of the regulations of the RRO District. Once a final PRD plan has been approved for a phase, then within the land area of that phase, only uses that are allowed in the RRO District shall be allowed, provided that other lawful preexisting uses may be continued as nonconforming uses.

F. Minimum business uses. A minimum of 20% of the total floor area of all enclosed buildings after completion of the development of the tract shall be occupied by business uses. Areas used for vehicle parking shall not be considered in this calculation.

G. Open land. A minimum of 10% of the total lot area of the tract shall be set aside in open land that is available for active and passive outdoor recreational use by the residents and employees of the tract, or by the general public. Such open land shall be maintained in existing trees or may be planted with new trees and shrubs or improved for outdoor recreational facilities. Such open land shall be regulated by a conservation easement or deed restriction established by the applicant and enforceable by the City of Allentown, which prohibits the construction of buildings and the further subdivision of the required open land.

(1) Outdoor recreational facilities shall be landscaped and may include sidewalks, pathways, and structures typically included in active and passive recreational areas. Areas used for buildings or vehicle parking shall not count towards the open land requirement, except areas for rooftop active recreation facilities that are available to all residents of the tract may count as open land areas.

(2) Unless dedicated to and accepted by the City of Allentown as part of a final PRD plan, such open land shall be owned and maintained by a legally binding association of property owners on the tract. The form of the property owners' legal documents shall be subject to review by the City Solicitor. If there is mutual written agreement between the applicant and the City, part or all of the open land may be maintained as a public park.

(3) The open land shall be focused on taking advantage of the riverfront by providing for substantial public access along the banks of the river. Some of the open land may also serve the purpose of buffering residences from high-traffic roads.

H. Riverfront access. The RRO District offers great flexibility to the developer as an optional form of development. In return for such flexibility, a developer shall only be eligible to use this RRO District if the developer commits to providing public access to and along the Lehigh Riverfront. The tract shall be designed to provide continuous public pedestrian and bicycle access from sunrise to sundown, at a minimum, from public streets to the riverfront, and then along the length of the riverfront along the entire tract. Such public access shall be provided upon completion of each phase for land in that phase adjacent to the riverfront. Complete public access along the entire riverfront shall be provided upon completion of the development, including provisions for future extension of public pathways from the edges of the tract. The Planning Commission may approve alternative access through the tract if public access at a particular part of the riverfront is not feasible. Such public access shall include a pedestrian pathway with a minimum hard-surfaced width of 12 feet and a public pedestrian access easement with a minimum width of 14 feet. Such pathway may also be open to maintenance vehicles and bicycles. Such pathway may be gated and closed to the public between sunset and sunrise. Such riverfront pathway shall be illuminated and landscaped and shall connect with any existing or planned public trail adjacent to the tract.

I. Fire access. The applicant shall prove to the satisfaction of the Planning Commission, after a review by the Fire Department, that all buildings will be adequately accessible by fire apparatus, and that there will be at least two entrances into the development for fire trucks. The City may require that buildings be sufficiently separated to allow firefighting access. Where streets do not provide adequate access to various sides of a building, the City may require that a pedestrian pathway be constructed with sufficient paving depth and width so that the pathway will be suitable for use by fire trucks. Where there is no need for a pathway, the City may require other provisions for fire truck access, such as a stabilized surface under grass.

J. Site and building layouts. The following provisions shall be applied to the tract to the satisfaction of the Planning Commission:

(1) The tract shall include at least one pedestrian-oriented main street, with pedestrian entrances and pedestrian amenities along that street and with no off-street parking spaces located between such main street and the front of abutting principal buildings, except for loading/unloading spaces. Commercial establishments shall be placed along at least a portion of the street level building space along a pedestrian-oriented main street.

(2) Along this pedestrian-oriented main street, a minimum of 50% of the front wall of each principal building shall not have a setback of greater than 20 feet from the curbline. The Planning Commission may approve a wider setback where appropriate to provide room for pedestrian amenities or an outdoor cafe. This maximum requirement shall not apply along a cul-de-sac extension of a main street.

(3) Garbage collection, business truck unloading areas and similar building services shall be situated so as to be accessed from a secondary street or alley and generally be shielded from pedestrian view along the fronts of new principal buildings.

(4) A minimum of two streets shall enter the tract after completion. At least one street shall extend through the bulk of the interior of the tract. The use of a grid-like street system divided into blocks shall be provided in the majority of the tract. The tract shall have a central focal point, such as a landscaped central green space and at least one main-street-style area with commercial uses.

K. Approval process. Development under the RRO District shall require approval by the Planning Commission as a planned residential development (PRD). The requirements and procedures for a PRD of the State Municipalities Planning Code[1] are hereby included by reference.

(1) A tentative plan submittal shall be made that includes the entire tract. The tentative plan submittal shall meet all of the requirements that would apply to a preliminary plan under Chapter 350, Land Development and Subdivision, except that the following submission requirements shall be deferred from the tentative plan to the final plan stage, provided the applicant shows the general feasibility of such features:

(a) Stormwater calculations.

(b) Housing numbering plans.

(c) Proposed monuments.

(d) Exact locations and species of plantings for landscaping plans.

(e) Elevations of proposed sanitary sewage lines and storm drains.

(f) Designs of culverts, manholes, catch basins and similar construction details.

(g) Locations of proposed electric, telephone and cable television lines and water and sewage laterals.

(2) After a tentative plan has been approved, a final plan shall be submitted, which may occur in logical self-sufficient phases. The final plan shall meet all of the same requirements that would apply to a final plan under Chapter 350, Land Development and Subdivision. The final plan shall need approval by the Planning Commission.

(a) No sale of lots or construction of buildings shall occur until after an approved final PRD plan has been approved by the Planning Commission and has been recorded, after the applicant has proven they have met any conditions upon approval and after acceptable financial guarantees for improvements have been established.

(3) A PRD shall meet all of the requirements of this chapter and Chapter 350, Land Development and Subdivision, that are not specifically modified by this section or by the provisions of the State Municipalities Planning Code that governs PRDs.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

L. Master plan. Prior to the development of any new building under these RRO District provisions, the applicant shall submit an overall master plan ("master plan") for the tract. The master plan shall be submitted to the Planning Director and be reviewed by the Planning Commission and the City Engineer. The plan shall also be submitted to appropriate agencies for review and comment. Within a maximum of 90 calendar days after the receipt of a complete zoning application and master plan, the Planning Commission shall vote to accept the master plan or to identify items that need to be revised, unless a written extension is granted by the applicant.

(1) The master plan may include a range of allowed uses in various areas, as opposed to identifying each specific use. The overall master plan shall show the preliminary layout of proposed streets, alleys, cartway widths, lots, public trails, recreation areas, major pedestrian and bicycle pathways, heights and uses of buildings, parking areas, major detention basins, and proposed types of housing and nonresidential uses.

(2) The master plan is intended to show the interrelationships and compatibility of various elements of the PRD. The master plan shall be to scale and be designed to show how the PRD will comply with this chapter.

(3) The master plan may be combined with the PRD tentative plan if the requirements for such a plan are met, or may be submitted prior to the tentative plan. The master plan is not required to include engineering details that are required under Chapter 350, Land Development and Subdivision, provided that such information is submitted as part of the final PRD plan in the future.

(4) The applicant shall also submit a completed zoning permit application with the master plan. Approval of the zoning permit application shall be conditioned upon approval of the final PRD plan.

M. Phasing. As each phase of development is approved, the applicant shall provide evidence that the requirements of this RRO District will be met, even if later phases of development would not be completed. This shall include, but not be limited to, providing evidence of compliance with the density, bulk, and open land requirements. Each phase of development shall be developed in full coordination with prior and future phases, to ensure that proper traffic circulation and utility services will be provided, and to ensure general compliance with the master plan.

(1) If one phase includes dwellings, then the Planning Commission shall have authority to require provisions for transitional buffering and setbacks between those dwellings and any adjacent industrially zoned land. Such buffering and setbacks are intended to make sure that there will be a compatible border between dwellings and industrial uses, in case later phases are not developed.

(a) The Planning Commission may require that financial guarantees be provided by the developer to fund buffer plantings if adjacent phases are not built.

(b) The Planning Commission may require that a building setback be provided for dwellings from the edge of a future phase.

(c) If such future adjacent phase is completed in conformance with the master plan, then such buffer and setback requirement is eliminated.

(2) If a particular final plan is not generally consistent with the approved tentative plan, then the applicant shall submit a revised tentative plan for acceptance by the Planning Commission. However, the approved tentative plan is not required to be revised for matters addressed in the final plan that do not affect zoning ordinance compliance, such as adjustments in street alignments or changes in building shapes to reflect more detailed design.

N. Architecture. To carry out the intent of traditional neighborhood development, prior to receiving tentative PRD approval, the applicant shall submit a set of preliminary architectural sketches and the substance of draft architectural covenants to the Planning Director, the City Solicitor's office and the Planning Commission for review and comment. Such provisions shall be prepared with the involvement of a registered architect. The applicant shall establish a set of architectural covenants as a condition of final plan approval, prior to the recording of such plan. The applicant shall also establish a set of covenants to regulate the design of signs that are visible from the riverfront. Architectural covenants recorded for the site shall supersede any applicable building design standards in Article 7.

O. Covenants. The City may also require covenants or conditions upon the plan to address setbacks, landscaping, pedestrian access, fire access, and other matters necessary to carry out the intent of this overlay district.

P. Public access. The master plan, tentative plan and final plan shall each describe the locations and extent of public access to the Lehigh Riverfront.

Q. Traffic study and improvements. As part of the tentative plan submittal, the applicant shall submit a traffic impact study to the City. Such study shall assess current traffic conditions, the amount of traffic expected to be generated by the total development, the impacts upon traffic, and measures that the applicant proposes to complete or fund to mitigate the impacts. Such traffic impact study shall be updated as needed as each phase is submitted. If diagonal parking is proposed along a street, the traffic impact study shall assess the safety of such parking in that location.

(1) The applicant shall prove that the level of service of traffic will not be reduced below a level of D for adjacent public street intersections as a direct result of the new development. This level of service analysis shall consider traffic improvements that the applicant commits to fund as well as projects that are officially programmed for funding by the state.

(a) This § 660-13Q(1)(a) may be modified by the Planning Commission if the applicant proves that a reduction in level of service is unavoidable because the applicant, the state and the City do not control sufficient right-of-way to make the needed traffic improvement.

(b) Prior to granting a modification of this § 660-13Q(1)(a), the Planning Commission shall determine that the evidence has been provided to them to show that the level of service will not result in congestion that would be a threat to public health and safety.

R. Street and alley requirements. As authorized under the TND and PRD provisions of the State Municipalities Planning Code,[2] the following alternative is specifically allowed under the requirements of Chapter 350, Land Development and Subdivision, for development within the RRO District:

(1) The following street right-of-way and cartway widths shall be allowed for new streets that are not dedicated to the City or the state, in addition to options that are allowed under Chapter 350, Land Development and Subdivision:

(a) A collector street with two-way traffic may be constructed with two travel lanes of 11 feet each, diagonal parking lanes of 18 feet each or eight feet wide parallel parking lanes, a four-foot-wide planting strip with street trees on each side of the street (which may utilize tree wells), pedestrian sidewalks on each side of the street that are a minimum of five feet in width, and a right-of-way width that extends a minimum of nine feet on either side of the curbline.

(b) A local street with two-way traffic may be constructed with two travel lanes of 10 feet each, eight feet wide parallel parking, a 4.5-foot-wide planting strip (which may utilize tree wells) with street trees on each side of the street, pedestrian sidewalks on each side of the street that are a minimum of 4.5 feet and a minimum right-of-way width that extends a minimum of nine feet on either side of the curbline.

(c) An alley serving two-way traffic may be constructed with a sixteen-foot-wide cartway and an eight-foot minimum setback between the travel lane and any rear garage.

(d) The Planning Commission may require wider cartway widths as needed, considering the results of the traffic impact study.

(2) Any street within the RRO District, whether public or private, shall meet the same minimum construction material requirements as any new street intended to be dedicated to the City under City ordinances, or as otherwise approved by the City.

(a) Pedestrian sidewalks with a minimum width of 4.5 feet and street trees meeting requirements of the City shall be required on each side of every street. A minimum average of one street tree shall be required for each 40 or 50 feet of street length, depending on the size of the trees, unless existing trees will be preserved to serve the same purpose.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

S. Off-street parking and loading regulations. The requirements of Article 9 apply, except for the following modifications:

(1) Off-street parking may be shared by various uses and lots within the RRO District, provided that the developer shall demonstrate to the Planning Commission that sufficient parking is provided on the tract that is within 500 feet of walking distance from the pedestrian entrance of the use that is served by the parking. The applicant shall prove that shared parking will continue to be available to all of the uses that are served by the parking during the life of those uses.

(2) The amount of off-street loading requirements shall be determined by the Planning Commission upon review of the proposed uses of each phase of the master plan.

(3) Under the authority to modify requirements as part of a PRD, the Planning Commission may reduce the required amount of off-street parking by up to 20% based upon:

(a) The applicant's traffic study and parking study;

(b) The ability of various uses to share parking, particularly if those uses have different time periods of peak parking demand; and

(c) The availability of public transit and/or any shuttle service that may be provided during periods of peak parking demand.

(4) For development under the RRO District, new off-street vehicle parking spaces shall not be located within 50 feet from the top of the bank of the Lehigh River or a structural wall along the Lehigh River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan.

(5) An applicant may meet a maximum of 25% of the off-street parking space requirements for each use by counting new on-street spaces adjacent to the curb along a street adjacent to the use.

T. PRD modifications. Specific zoning and land development and subdivision regulations that apply to a PRD application may be modified by the Planning Commission after receiving a written request from the applicant where the applicant proves that an alternative standard would meet the same public objective and would serve the purposes for a PRD as provided in state law. Such modifications shall be limited to street standards, setback requirements, sidewalk and curb standards, and technical engineering requirements. The Planning Commission shall consider recommendations of the City Engineer before approving any modifications to street and rights-of-way requirements. Applications may also be made for a zoning variance, in the same manner as would apply to other sections of this chapter.

U. Preserved open land. The method of ownership and maintenance of the preserved open land shall be approved by the Planning Commission as part of the PRD approval. Any later changes to the preserved open land ownership or use that was not part of the PRD approval shall need Planning Commission approval.

(1) Required preserved open land shall be preserved through a permanent conservation easement that is enforceable by the City. The legal form of the documents concerning the preserved open land shall be approved by the City Solicitor.

(2) The preserved open land shall be improved so that it is suitable for its intended use, including the planting of trees and shrubs where existing trees and shrubs will not be maintained.

(3) Methods for ownership of the preserved open land shall utilize one of the following:

(a) Dedication to the City for public recreation if the City agrees in advance to accept it;

(b) Dedication to a property owners' association, with each owner of property within the PRD legally required to annually fund their share of the maintenance of the open land;

(c) Retention by the owner of a rental housing development; or

(d) Another suitable method that is specifically approved by the Planning Commission.

§ 660-14 MUO, Mixed-Use Overlay.

A. Boundary. The MUO Zone applies within the geographic overlay boundaries depicted on the official Zoning Map.

B. Purposes. The MUO District is intended to:

(1) Serve the purposes provided in the Pennsylvania Municipalities Planning Code (MPC)[1] for planned residential developments (PRDs) and for traditional neighborhood developments (TNDs);

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(2) Promote a coordinated mix of residential, business, institutional, recreational and open space uses in a manner that is pedestrian-friendly, transit-friendly and bicycle-friendly;

(3) Widen housing opportunities in the City, particularly for housing types that are in high demand;

(4) Be designed to properly relate to existing adjacent neighborhoods; and

(5) Includes a system of preserved open lands and trails, including preserved open lands that are integrated with residential areas.

C. Applicability and phasing.

(1) The MUO District is an optional district that overlays the underlying zoning district. An applicant shall have the option of developing property under the MUO District or under the underlying zoning district. Once a PRD final plan is approved under the MUO District, such land area shall be developed under the MUO District provisions, unless the applicant abandons the PRD plan approval in writing or the PRD plan approval is determined in writing by the City to have expired.

(2) Development in the MUO District shall first require approval as a PRD. The PRD approval process under the Municipalities Planning Code replaces the City's land development and subdivision approval process. Once a phase of a PRD has been granted final plan approval by the City Planning Commission, then individual uses allowed in the MUO District shall be permitted by right within that phase, provided they are consistent with the approved PRD final plan. If uses or development are proposed that are inconsistent with the approved PRD final plan, then the applicable PRD final plan revisions shall first be approved by the Planning Commission. However, a tentative plan revision is not required for engineering details and related revisions in a final plan that do not affect the densities, types of uses, or overall street and open land layout contained in such final plan.

(3) The provisions of this MUO District shall only be available to be utilized if there is a minimum of 20 adjacent acres of land in common ownership at the time of PRD tentative plan submission. Each phase of development shall be designed to be able to function properly even if later phases of the PRD are not completed. A declaration of restrictive covenants, conditions on approvals, notes on the approved plans, and/or a development agreement shall address responsibilities if phases of development are undertaken by two or more different entities. The various phases of the PRD shall be coordinated in uses and transportation access. Each phase shall include a minimum of three acres.

D. Use regulations. "Adult uses" are specifically prohibited. "Betting uses" are specifically prohibited. When approved under the MUO District, land and/or structures shall only be used for the permitted by right uses listed below (unless a use is specified as needing special exception approval below), after final plan approval has been granted as a PRD. The following uses shall also meet any applicable additional requirements for the use in this chapter, including applicable supplemental regulations of Article 5.

(1) Single-family detached dwellings, twin dwellings or two-family dwellings.

(2) One or more apartment/multi-family dwellings within a building that includes a principal nonresidential use.

(3) Multi-family dwellings, including three or more dwelling units on a lot.

(4) Rowhouse/townhouse.

(5) Sample or model home.

(6) Art gallery.

(7) Bed-and-breakfast inn.

(8) Business services.

(9) Catering, preparation of food for (this use may be combined with a restaurant if the requirements for a restaurant are also met).

(10) Commercial communications tower/antennas that extend up to 25 feet above a principal nonresidential building, water tank, or electric transmission tower. Small cell antennas shall also be allowed in conformance with the City Code provisions in Chapter 545 for "small cell antennas."

(11) Custom crafts, manufacture and sale of (such as jewelry and handicrafts), or artisan's studio retail craft shops such as, but not limited to, artisan shops, glass blower shops, ceramic tile maker shops.

(12) Exercise club, or fitness facility, and/or an indoor or outdoor swimming pool.

(13) Financial institution, which may include a drive-through facility.

(14) Hotel or motel, which may include a restaurant and conference center.

(15) Massage establishment involving services by a state-licensed massage therapist. All other commercial uses involving massages in private rooms shall be prohibited.

(16) Offices of business, institution, profession, medical, or similar entity.

(17) Personal services (such as barbershops, beauty shops, laundry and dry cleaning pickup and delivery, and closely similar uses).

(18) Printing and duplication, commercial.

(19) Recreation, commercial, indoor or outdoor.

(20) Restaurant, without drive-through service.

(21) Retail store.

(22) Shopping center.

(23) Tavern or nightclub, which may include a brewpub, micro-distillery or custom winery, which may include on-site consumption and retail sales for off-site consumption.

(24) Theater, civic and/or cultural facility, arena, gymnasium, auditorium or sports stadium.

(25) Trade school or similar educational institution.

(26) Veterinarian or animal day care, but not including an overnight kennel.

(27) Research and development, engineering or testing facility or laboratory.

(28) Adult day-care center.

(29) Child-care center, nursery school, preschool or "Head Start" program center.

(30) College or university, not including a dormitory.

(31) Museum or visitor's center, and which include accessory retail sales.

(32) Nursing home, assisted living residence, hospital or personal care home, provided each shall be licensed as applicable by the State of Pennsylvania.

(33) Community center, non-profit.

(34) Government uses, not including: prisons, other correctional facilities and solid waste facilities.

(35) Membership club.

(36) Place of worship, which may include an accessory day care center.

(37) Public park, playground or other publicly owned recreation facilities or non-commercial outdoor recreation areas, such as areas owned by a homeowner association.

(38) Swimming pools, household or non-household, public or private.

(39) Bus passenger shelters.

(40) Small group home, which shall need special exception approval.

(41) Parking, off-street, public or private, surface, underground or structured, as a principal or accessory use of lot.

(42) Public utility, such as electric substations, wastewater pump stations or water tanks, but not including vehicle garages, warehouses, or outdoor storage yards. This use may also include utility facilities owned by a property-owner association.

(43) Accessory use and/or structure on the same lot and customarily incidental to a lawful principal use.

(44) Family child-care home.

(45) Group child-care home.

(46) Solar energy collection devices; electric vehicle recharging stations as a customary accessory use.

(47) Home occupation.

(48) Manufacturing as a routine and customary accessory use to the permitted principal use of the lot (see also "custom crafts").

(49) Warehousing as a customary accessory use to a permitted principal use of the lot.

(50) Schools, elementary or secondary, public and private.

(51) A maximum of 5% of the total land area of the PRD may be used for the following business uses, provided that such buildings shall be set back a minimum of 400 feet from any pre-existing dwelling unit structure in a residential district and a minimum of 200 feet from any proposed dwelling unit structure within the PRD:

(a) Moving and related storage business as a principal or accessory use.

(b) Offices, accessory warehousing and primarily indoor storage for a building tradesperson business.

(c) Flexspace buildings, which shall mean buildings including a combination of business uses that are permitted by right within a PRD, such as an office and sales area in the front of the building and an accessory warehousing area or building tradesperson use in the rear of the building.

(d) Manufacture of food or beverage products for human consumption, wood products, electrical or electronic products, or glass products.

(e) Industrial equipment sales and service, such as forklifts, conveyor belts and similar equipment.

(f) Manufacture or processing of products from materials manufactured off-site, such as from plastics, metals, glass or textiles.

(g) Packaging, bottling or assembly.

E. Area, yard and building regulations. The following area, yard and building regulations shall apply for all uses, whichever is most restrictive.

(1) Maximum overall residential density. Residential density shall not exceed 30 dwelling units/acre for any phase of the PRD. The maximum overall residential density for the entire PRD shall be a maximum of 10 dwelling units/acre, based upon the total area of the tract. The maximum residential density shall be based upon the "total area of the tract," before the deletion of rights-of-way of proposed streets and before the deletion of proposed open land. Lots that are developed for business uses without any residential uses shall not count towards the overall residential density. Individual lots may exceed the maximum overall residential density, provided that the applicant proves that the maximum overall density for the entire PRD will continue to be met after the completion of each phase of development. For a nursing home, personal care home or assisted living facility, every four resident beds shall count as one dwelling unit, for the purposes of determining the maximum density.

(2) Minimum lot area: 1.5 acres minimum for a principal industrial use or a principal institutional use. Minimum lot area of 5,000 square feet for a lot including one or more principal commercial or multi-family residential uses. Minimum lot area of 1,200 square feet for other lots. Lot dimensional requirements shall not apply to a lot that is only used for a water supply, air quality monitoring, wastewater pumping, electrical sub-station or stormwater facility or for a non-commercial outdoor recreation area or trail, provided that the lot shall have access for maintenance.

(3) Minimum lot width and minimum building width: 150 feet for an industrial use, and 20 feet for other uses. Each single-family detached dwelling, single-family semi-detached dwelling, townhouse or commercial use shall have a minimum building width of 20 feet. Individual uses or buildings may be owned in a condominium arrangement, which may include shared parking and common maintenance of outdoor areas, without each condominium unit needing to meet the minimum dimensional requirements (such as lot width and yards), provided that the applicant shows that the development would have been able to meet the dimensional requirements as if individual fee-simple lot lines had been established. Where condominium ownership is proposed, a declaration of restrictive covenants shall be established as a condition of final plan approval, for the respective phase.

(4) Minimum building setback from PRD tract perimeter: 20 feet, except a minimum of 40 feet from the lot line of a pre-existing dwelling in a residential district outside of the PRD for a proposed building of greater than 40 feet in height or for a multi-family residential building.

(5) Minimum front setback: zero feet. The intent is that new principal buildings should be placed within a maximum of 50 feet from the street right-of-way line along the primary street frontage, unless a wider space is needed for an outdoor pedestrian plaza or outdoor cafe. A dwelling may be designed to front upon improved vegetated open land with a sidewalk or pathway and vehicle access using a rear alley or a street, without necessarily requiring frontage onto a street.

(6) Minimum rear setback: eight feet, except 25 feet from a proposed principal nonresidential building to the lot line of a principal residential use on another lot, and except three feet for a structure that is accessory to a dwelling.

(7) Minimum side setback: three feet, except: 1) zero feet where buildings are approved to be attached within the development, 2) 20 feet from a proposed principal nonresidential building to the lot line of a principal residential use on another lot, and 3) where a larger perimeter setback is required by § 660-14E(4) above.

(8) Notwithstanding the setback requirements above, stormwater water controls shall: (1) have a setback consistent with the requirements of Chapter 355, Land Development Controls, and (2) shall not be required to meet zoning setbacks. Stormwater conveyance improvements are not required to have a setback from a property line, if approved by the City Engineer, and grading may occur up to the property line.

(9) Maximum building coverage: 70%. The maximum building coverage shall be based upon the ground level footprint of all buildings on the tract divided by the total area of the tract. Individual lots may have a higher building coverage, provided that the maximum is not exceeded for the tract. The City may require that certain lots include a deed restriction and notations on the approved plans limiting their maximum coverage to ensure that the maximum overall coverage requirement is met across the tract over time.

(10) Maximum building height: four habitable stories or 65 feet, whichever is more restrictive. A building may also include a floor level that is partly or entirely below ground that is primarily used for vehicle parking or a basement that is used for storage and mechanical equipment.

(11) Buffer strip: not required, except a ten-feet-wide planted buffer strip shall be required if a pre-existing principal dwelling in a residential district that is not within the PRD tract is adjacent or across a street or alley from a new principal nonresidential use, nonresidential use parking lot or multi-family building. A minimum five-foot-wide buffer strip shall also be required between a new principal business use and a proposed or existing principal residential use on another lot within the PRD. The buffer strip shall be planted and maintained with an attractive and continuous landscape screen. The landscaping shall consist of primarily evergreen trees and shrubs with a minimum height when planted of 3.5 feet and in such numbers, locations and species as can reasonably be expected to produce, within three growing seasons, a year-round mostly continuous complete visual screen at least five feet in height.

(12) Private outdoor area. Each single-family detached, twin and townhouse dwelling shall have a private outdoor area including a minimum area of 400 square feet for the exclusive use of that dwelling unit. Such outdoor area may be a rear or side yard, a courtyard, a porch, a balcony, a deck, an improved rooftop recreation area with railings, or a similar feature.

(13) Open-sided solar panel canopies may be constructed over approved vehicle parking areas without needing to meet principal setback requirements and without being regulated by this chapter as a building. Solar panel canopies shall meet accessory structure setbacks and shall not be allowed within the minimum front yard.

F. Uses allowed in underlying district. The applicant shall have the option of developing a use under the regulations of the underlying zoning district, instead of the provisions of the MUO District. In such case, all of the regulations of the underlying district shall apply instead of the regulations of the MUO District. Once a final PRD plan has been approved for a phase, then within the land area of that phase, only uses that are allowed in the MUO District shall be allowed.

G. Minimum nonresidential uses. A minimum of 10% of the total land area of the tract after completion of the development shall be occupied by principal non-residential uses and their parking, after deleting proposed open land from the calculation of total land area of the tract. Such land area may also include upper story dwellings. See also § 660-14K(1) below which sets a minimum size for a required pedestrian-oriented commercial area.

H. Open land. A minimum of 35% of the total land area of the PRD shall be preserved as open land that is available for active and passive outdoor recreational use by the residents and employees of the tract, or by the general public. Such open land shall include a landscaping and trail plan that takes into account existing healthy concentrations of trees and any areas proposed for outdoor recreational facilities. Such open land shall be regulated by a conservation easement or deed restriction established by the applicant and enforceable by the City of Allentown or its designee, which prohibits the construction of non-recreational buildings and the further subdivision of the required open land. The required open land is not required to be contiguous with each phase of development, provided that sufficient vehicle and pedestrian access is provided to the open land.

(1) Outdoor recreational facilities shall be landscaped and may include sidewalks, pathways, and structures typically included in active and passive recreational areas. Areas used for buildings or vehicle parking shall not count towards the open land requirement, except: 1) areas for rooftop active recreation facilities that are available to all residents of the phase may count as open land areas, and 2) a non-commercial recreation building or parking necessary to serve recreation facilities may count towards the open land requirement.

(2) See § 660-14V below regarding ownership.

(3) The majority of the open land shall be focused on providing for non-motorized recreation trails, active and passive recreation, and the preservation of environmental sensitive areas. The open land shall also include areas designed to take advantage of scenic views.

I. Trails. The MUO District offers flexibility to the developer as an optional form of development. In return for such flexibility, a developer shall only be eligible to use this MUO District if the developer commits to providing a public trail system, which shall be open for public pedestrian access from sunrise to sundown, at a minimum. Such public access shall include a pedestrian trail with a typical minimum width of eight feet and a public pedestrian access easement with a typical minimum width of 12 feet. Such pathway may also be open to maintenance vehicles and bicycles. Such trail may be gated and closed to the public between sunset and sunrise. The main trails shall include hard surfaces or compacted crushed stone that are designed to be usable by wheelchairs, but nature trails may also be provided in sloped areas of the preserved open land that are not hard-surfaced and not ADA-compliant.

J. Fire access. The applicant shall prove to the satisfaction of the Planning Commission, after a review by the City Fire Department, that all buildings will be adequately accessible by fire apparatus. There shall be at least two entrances into the tract for fire trucks. The City may require that buildings be sufficiently separated to allow firefighting access. Where streets do not provide adequate access to sufficient sides of a building, the City may require that a pedestrian pathway be constructed with sufficient paving depth and width so that the pathway will be suitable for use by fire trucks. Where there is no need for a pathway, the City may require other provisions for fire truck access, such as a stabilized surface under grass for fire access.

K. Site and building layouts; signs; slopes.

(1) The PRD shall include at least two acres that includes commercial uses and that is intended to accommodate pedestrian travel between uses. Such area may also include dwelling units or allowed business uses on the upper stories. Such two acre requirement may be met as part of any phase of the development.

(a) Within this pedestrian-oriented commercial section, off-street vehicle parking shall not be allowed between the front of the commercial buildings and the adjacent front street right-of-way line. If a commercial building abuts more than one street, this parking restriction shall only apply abutting one of the streets. The required off-street parking for these commercial uses shall be provided to the side or rear of the buildings or on another lot or using on-street parking spaces.

(2) Outdoor garbage collection facilities shall be surrounded by a decorative enclosure or plant screening. Business truck loading docks shall be screened from pedestrian view along the front street right-of-way line and from existing dwellings outside of the PRD and proposed dwellings on other lots within the PRD.

(3) A minimum of two streets shall enter the tract after completion. At least one inter-connected vehicle route shall extend through the bulk of the interior of the tract. The tract should have a central focal point, such as a landscaped central green space.

(4) For portions of the PRD that are entirely residential, the sign regulations shall apply that would otherwise apply to the R-M District, or its successor zoning district. For other portions of the PRD, the sign regulations shall apply that would apply to the B-2 District, or its successor zoning district.

(5) The regulations regarding development on steep slopes shall not apply to areas of steep slopes that the applicant shows were clearly man-made, such as areas that were graded previously for buildings, basins, quarrying or other features. The alteration of all slopes shall result in stable conditions.

L. Submission and approval process. Development under the MUO District shall require approval by the Planning Commission as a planned residential development (PRD). The requirements and procedures for a PRD of the Municipalities Planning Code[2] are hereby included by reference.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

M. Master plan. The applicant should first submit an overall master plan for the tract. The master plan should be to drawn to scale, at a level of detail typically found at a sketch plan stage. The master plan shall be offered for review and comment by the Planning Commission, Bureau of Planning and Zoning, and Bureau of Engineering, and shall require approval by resolution by the Planning Commission.

(1) The master plan may propose a range of allowed uses in various areas, as opposed to identifying each specific use. The master plan should show the preliminary layout of streets, alleys, lots, public trails, recreation areas, major pedestrian and bicycle pathways, maximum heights of buildings, parking areas, major detention basins, and proposed types of housing and nonresidential uses.

(a) The master plan is intended to show the interrelationships and compatibility of various elements of the PRD.

(b) A tentative plan submittal shall be made that includes all of the land within the proposed PRD. The tentative plan submittal shall meet all of the submission requirements that are provided in Section 707(4) of the Municipalities Planning Code,[3] as well as sufficient information to show the feasibility of the proposed access points from existing public streets. The tentative plan shall include the following information:

[1] The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;

[2] The density of land use to be allocated to parts of the site to be developed;

[3] The location and size of the preserved open land and the form of organization proposed to own and maintain the preserved open land;

[4] The type of uses and housing in each land area and the approximate height, bulk and location of buildings and other structures, and the preliminary layout of lots, trails, recreation areas, major pedestrian and bicycle pathways, and major detention basins;

[5] Sufficient information to show the feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;

[6] The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;

[7] The provisions for parking of vehicles and the location and width of proposed streets, alleys and public ways;

[8] The requested modifications in the land development and subdivision regulations and the reasons for the request;

[9] The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources;

[10] In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted;

[11] A written statement by the landowner setting forth the reasons why, in the landowner's opinion, a PRD would be in the public interest and would be consistent with the comprehensive plan;

[12] A brief narrative describing how the proposed development is being coordinated with adjacent existing development; and

[13] Delineation of streets that are proposed to be dedicated to the City, and streets that will be maintained by a legally binding property-owner association.

[3] Editor's Note: See 53 P.S. § 10707(4).

(2) The tentative plan shall show all information that would be required as part of a preliminary plan under the land development and subdivision regulations, except for information listed in this Subsection M(2). The following information shall specifically not be required to be submitted as part of a tentative plan, but instead shall be required as part of the final plan submission:

(a) Stormwater calculations.

(b) Housing numbering plans.

(c) Proposed monuments and lot markers.

(d) Species of plantings for landscaping plans, but the proposed locations of buffer strips and typical placement of street trees shall be shown on the tentative plan.

(e) Profiles of proposed sanitary sewage lines, storm drains and streets, except that the applicant shall show proposed maximum slopes of streets.

(f) Designs of culverts, manholes, catch basins, sidewalks and similar construction details, provided that the locations of sidewalks shall be shown.

(g) Locations of proposed electric, telephone and cable television lines and water and sewage laterals.

(h) Lighting plans.

(i) Detailed cross-sections are not required for all streets, but typical cross-sections shall be provided.

(j) Detailed grading plans are not required for individual buildings, but typical grading plans shall be provided.

(3) The tentative plan may include a range of allowed business uses in a specific area, as opposed to identifying each specific use. The tentative plan may include two alternatives for a specific land area, such as having one layout for townhouses and one layout for twin homes, provided the alternative does not affect the location of public streets. Where two alternatives are shown in the tentative plan, one of those alternatives shall be chosen as part of the final plan.

(4) The tentative plan shall be to scale and be designed to show how the PRD will comply with this chapter. The tentative plan is not required to show compliance with Chapter 355, Land Development Controls, provided compliance will be addressed prior to approval of the PRD final plan or prior to earth disturbance for a phase of development, whichever occurs first.

(5) After a tentative plan has been approved, a PRD final plan shall be submitted, which may occur in phases. The final plan shall need approval by the Planning Commission.

(a) No sale of lots or construction of buildings shall occur until after: 1) an approved PRD final plan has been approved by the Planning Commission and has been recorded, 2) the applicant has proven they have met any conditions upon approval, and 3) acceptable financial guarantees for improvements have been established.

(b) A PRD final plan shall meet all of the requirements of this chapter and Chapter 350, Land Development and Subdivision, that are not specifically modified by this section or by the provisions of the Municipalities Planning Code that governs PRDs. If a preliminary plan requirement was exempted from the PRD tentative plan submission, such requirement shall be met as part of the PRD final plan.

(6) After the final PRD plan has been approved, zoning permits for individual uses and buildings may be approved, subject to compliance with the PRD final plan. If a proposed use or structure does not comply with the final PRD plan, then such revision to the final PRD plan shall be submitted for approval by the Planning Commission.

N. Phasing. As each phase of development is granted final approval, the applicant shall provide evidence that the requirements of this MUO District will be met, even if later phases of development would not be completed. This shall include, but not be limited to, providing evidence of compliance with the density, coverage and open land requirements. The preserved open land does not need to be contiguous to each phase. Each phase of development shall be developed in full coordination with prior and future phases, to ensure that proper traffic circulation and utility services will be provided, and to ensure general compliance with the tentative plan.

(1) If a particular final plan is not generally consistent with the approved tentative plan, then the applicant shall submit a revision of that portion of the tentative plan for approval by the City Planning Commission. However, the approved tentative plan is not required to be revised for matters addressed in the final plan that do not affect compliance with these PRD requirements, such as adjustments in street alignments or changes in building shapes to reflect more detailed design.

O. Architecture. To carry out the intent of traditional neighborhood development, prior to a phase receiving final PRD approval, the applicant shall submit the substance of draft architectural covenants to the Bureau of Planning and Zoning, the City Solicitor's office and the City Planning Commission for review and comment. Such provisions shall be prepared with the involvement of a registered architect. The applicant shall establish a set of architectural covenants as a condition of final plan approval, prior to the recording of such plan. As part of zoning permit applications, an architectural sketch of the front facade of nonresidential principal buildings and multi-family buildings shall be submitted to the Bureau of Planning and Zoning for review. Architectural covenants recorded for the site shall supersede any applicable building design standards in Article 7.

P. Covenants. The City may also require covenants, deed restrictions, or conditions upon a final PRD plan to address setbacks, landscaping, pedestrian access, fire access, and other matters necessary to carry out the intent of this section.

Q. Public access. The final plan shall describe the locations and extent of public access to trails and preserved open lands.

R. Traffic study and improvements. As part of the tentative plan submittal, the applicant shall submit a traffic impact study to the City, which shall be prepared by a qualified professional. Such study shall assess current traffic conditions, the amount of traffic expected to be generated by the total development, the impacts upon traffic, and improvements that the applicant proposes to complete or fund. Such traffic impact study shall be updated as needed as each phase is submitted. If diagonal parking is proposed along a street, the traffic impact study shall assess the safety of such parking in that location.

(1) The applicant shall prove that the level of service of traffic will not be reduced below a level of D for adjacent existing public street intersections as a direct result of the new development. This level of service analysis shall consider traffic improvements that the applicant commits to fund as well as projects that are officially programmed for funding by the state.

(a) This § 660-14R may be modified by the Planning Commission if the applicant proves that a reduction in level of service is unavoidable because the applicant, the state and the City do not control sufficient right-of-way to make the needed traffic improvement.

(b) Prior to granting a modification of this § 660-14R, the Planning Commission shall determine that evidence has been provided to them to show that the level of service will not result in congestion that would be a threat to public safety.

S. Land development and subdivision requirements. As authorized under the TND and PRD provisions of the Municipalities Planning Code,[4] the Planning Commission may grant modifications to the specific street, improvement and other requirements of Chapter 350, Land Development and Subdivision, for development within the MUO District in response to a written request by the applicant. These modifications may include alternative standards for various types of streets that are based upon recommendations of PennDOT Design Manuals, the American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers and similar professional organizations.

(1) The following are examples of street right-of-way and cartway widths that are intended to be approved for new streets, in addition to options that are allowed under Chapter 350, Land Development and Subdivision:

(a) A collector street with two-way traffic may be constructed with two travel lanes of 11 feet each, diagonal parking lanes of 18 feet each or eight-foot-wide parallel parking lanes if parking is allowed, a planting strip with street trees on each side of the street (which may utilize tree wells), pedestrian sidewalks or pathways on each side of the street, and a right-of-way width that extends a minimum of 10 feet on either side of the curbline. A collector street may also include a turn lane where warranted.

(b) A local street with two-way traffic may be constructed with two travel lanes of 10 feet each, eight-foot-wide parallel parking on one or both sides, a planting strip (which may utilize tree wells) with street trees on each side of the street, pedestrian sidewalks or pathways on each side of the street and a minimum right-of-way width that extends a minimum of 10 feet on either side of the curbline.

(c) An alley serving two-way traffic may be constructed with a sixteen-foot-wide cartway and an eight-foot minimum setback between the travel lane and any rear garage. Any alley shall be required to be maintained by a homeowner association and shall be designed to prevent use of the alley by through-traffic.

(d) The Planning Commission may require wider cartway widths as needed, considering the results of the traffic impact study. All streets shall include a right-of-way, including private streets, and which shall be used for measuring required setbacks.

(2) Any street within the MUO District, whether public or private, shall meet the same minimum construction material requirements as would apply to any new street intended to be dedicated to the City under City ordinances, unless a modification is specifically approved by the Planning Commission.

(a) All private streets shall include an easement or right-of-way.

(3) After receiving a recommendation from the City Engineer, the City Planning Commission may approve a requested modification to allow a portion of a local private street to have a slope greater than provided in the land development and subdivision regulations.

(4) Pedestrian sidewalks meeting Americans With Disabilities Act requirements shall be required on each side of every street that serves through-traffic, unless the Planning Commission approves an alternative pathway system that provides sufficient connectivity. Sidewalks shall have a minimum width of five feet in residential areas and sidewalks shall have a minimum width of six feet in commercial and institutional areas.

(5) The street tree requirements in this chapter shall apply, provided there shall be flexibility in the locations of the required street trees, and provided the locations are approved by the City Planning Commission. For example, street trees may be approved to be placed immediately outside of a right-of-way or in an immediately adjacent area of open land. Sufficient space shall be provided for each street tree to thrive, which may include a vegetated surface, use of porous pavers near a tree, a tree grate or a tree well around the street tree.

(6) The minimum centerline radius for a local residential street may be reduced to 125 feet.

[4] Editor's Note: See 53 P.S. § 10101 et seq.

T. Parking and loading. The off-street parking and loading requirements of this chapter shall apply, except for the following modifications:

(1) Off-street parking may be shared by various uses and lots within the MUO District, provided that the developer shall demonstrate to the Zoning Officer that sufficient parking is provided on the tract that is within 500 feet of walking distance from the pedestrian entrance of the use that is served by the parking. The applicant shall prove that a method will be in place to guarantee that the shared parking will continue to be available within the required distance to all of the uses that are served by the parking during the life of those uses, such as a deed restriction or long-term lease.

(2) Off-street loading. Section 660-75 or its successor section shall apply.

(3) Under the authority of the MPC to modify requirements as part of a PRD or TND, the Planning Commission may reduce the required amount of off-street parking by up to 15% based upon the following considerations:

(a) The applicant's traffic study and any parking study that is provided;

(b) Evidence that is provided regarding the ability of various uses to share parking, particularly if those uses have different period time periods of peak parking demand;

(c) The availability of public transit and/or any shuttle service that may be provided during periods of peak parking demand; and

(d) Data on parking demand that is provided based upon research of the Institute of Transportation Engineers or similar professional studies of developments.

(4) An applicant may meet a maximum of 20% of the off-street parking space requirements for each use by counting new on-street spaces adjacent to the curb along a new street adjacent to the use. Each space shall only be allowed to be counted once to serve one use.

(5) As part of each phase of development and each zoning permit application for a new use or change of use, the parking requirements calculations shall be updated as needed, and submitted to the Zoning Officer.

U. PRD modifications. Specific land development and subdivision regulations that apply to a PRD application may be modified by the Planning Commission after receiving a written request from the applicant where the applicant proves that an alternative standard would meet the same public objective and would serve the purposes for a PRD and/or traditional neighborhood development, as provided in the Municipalities Planning Code. This may include, but shall not be limited to, modifications of street standards to allow a site design that is more pedestrian-friendly or that reduces environmental impacts. The Planning Commission shall consider any recommendations of the City Bureau of Engineering and/or Bureau of Planning and Zoning regarding modifications.

V. Preserved open land. The proposed uses and method of ownership and maintenance of the preserved open land shall be approved by the Planning Commission as part of the PRD approval. Any later changes to the preserved open land ownership or use that is inconsistent with the PRD final plan approval shall need Planning Commission approval in advance.

(1) Required preserved open land shall be preserved through a permanent conservation easement that is enforceable by the City. The legal form of the documents concerning the preserved open land shall be approved by the City Solicitor.

(2) The preserved open land shall be improved so that it is suitable for its intended use, including the planting of trees and shrubs where existing trees and shrubs will not be maintained.

(3) If there is mutual written agreement between the applicant and the City, part or all of the open land may be maintained as a public park.

(4) Methods for ownership of the preserved open land shall utilize one or more of the following:

(a) Dedication to the City for public recreation if the City agrees in advance to accept it;

(b) Dedication to a property owners' association, with each owner of property within one or more phases of the PRD being legally required to annually fund their share of the maintenance of the open land, and with the form of the property owners' legal documents being subject to review by the City Solicitor;

(c) Retention by the owner of a rental housing development; or

(d) Another suitable method that is specifically approved by the Planning Commission, such as management by an environmental conservancy organization that is acceptable to the Planning Commission.

(5) Stormwater detention basins shall not be counted towards the minimum amount of preserved open land unless the applicant proves to the satisfaction of the Planning Commission that a particular area has been designed to serve a valid recreation purpose during the vast majority of weather conditions, or that a retention basin has been designed to serve as a scenic asset with pedestrian access. A water supply tank, wastewater pumping station or closely similar utility structures shall not count towards the minimum preserved open land. The open land may include areas used for stormwater infiltration or stormwater spray irrigation.