A. 
Unless otherwise specifically provided for in this chapter, the minimum permissible lot area, lot width and lot depth, front-, rear-, and side-yard depths, and the maximum or minimum building height and maximum lot coverage for each type of use in each district, whether permitted by right or by special exception, shall be as set forth in the following Table of Height, Area and Bulk Regulations.[1]
[1]
Editor's Note: The Table of Height, Area and Bulk Regulations is included as an attachment to this chapter.
B. 
The CO Campus Overlay District provides an alternative set of requirements within its borders. See §§ 300-19 and 300-21.
C. 
See also the accessory structure setbacks in § 300-27.
A. 
Within the CO District, the applicant shall have a choice of developing a use or structure using the underlying conventional zoning district or the provisions of the CO Overlay District. All other City regulations shall apply within the CO District, except:
(1) 
The following dimensional regulations shall apply for college or university uses instead of the regulations of the underlying zoning district in § 300-20;
(2) 
The sign provisions of § 300-54M[1] shall apply; and
[1]
Editor's Note: See now § 255-19M.
(3) 
The use provisions in § 300-19 shall apply.
B. 
A minimum separation distance shall not apply to buildings on the same lot, provided that City fire officials determine that the layout provides sufficient access for fire apparatus.
C. 
Minimum lot area: 20,000 square feet.
D. 
Minimum lot width: 100 feet.
E. 
Minimum building setback from the right-of-way of a public street or from any lot line: 20 feet. However, for any portion of a building with a height of more than 40 feet, the minimum setback from a lot line shall be increased to 40 feet.
F. 
Maximum building height: five stories or 60 feet, whichever is more restrictive.
G. 
Maximum building coverage: 70%, which may be based upon all contiguous lots in common ownership that are not separated by a public street.
H. 
Maximum lot coverage: 85%, which may be based upon all contiguous lots in common ownership that are not separated by a public street.
I. 
Off-street parking may be located on a different lot in another zoning district than the CO District lot that is being served, provided that the two lots remain in common ownership or long-term lease agreement and the parking is within 800 feet of the use it is serving.
J. 
See also § 300-19.
For lots abutting more than one public street, the front yard shall be whichever street serves as the front yard for the majority of adjacent buildings. Where the Zoning Officer finds that such a pattern does not exist, then the applicant may decide which street will be the front yard and also serve as the legal address. Lots with front and rear lot lines abutting public streets shall have one front yard, one secondary front yard, two side yards, and no rear yard. Corner lots abutting two public streets shall have one front yard, one secondary front yard, two side yards, and no rear yard. Lots abutting public streets on three sides shall have one front yard, two secondary front yards, one side yard and no rear yard. Lots abutting public streets on four sides shall have two front yards, two secondary front yards, and no side yard or rear yard. See illustrations below.[1]
A. 
Where a secondary front yard is required, it shall have a minimum depth of 1/2 of the required front yard depth, but not less than five feet.
[1]
Editor's Note: Multiple frontage and corner lot illustrations are included at the end of this chapter.
A. 
The flexible residential development option shall be permitted by right only in the R2, R3, R4, RO and MU Districts. A flexible residential development shall comply with all standards, conditions and regulations of the City of Lancaster Zoning Ordinance, Subdivision and Land Development Ordinance,[1] Stormwater Management Ordinance,[2] Historic District Ordinance[3] and Heritage Conservation District Ordinance,[4] which are hereby incorporated by reference, unless modified by the following:
(1) 
Provisions that this section specifically permits to be adjusted;
(2) 
Zoning variances that the Zoning Hearing Board approves;
(3) 
Modifications, waivers and/or variances approved under the provisions of the City of Lancaster Subdivision and Land Development Ordinance; or
(4) 
Procedures in the Pennsylvania Municipalities Planning Code,[5] as amended, regarding planned residential developments that vary from the provisions in the City's Subdivision and Land Development Ordinance.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 260, Stormwater Management.
[3]
Editor's Note: See Ch. 155, Historic Districts, Art. I, Historic District.
[4]
Editor's Note: See Ch. 155, Historic Districts, Art. II, Heritage Conservation District.
B. 
Purpose.
(1) 
To provide an option to the normal zoning requirements in residential districts to permit reasonable adjustments to certain standards outlined in this section to allow those residential and nonresidential uses permitted in the underlying district, subject to the conditions and special exception approvals set forth in Article V, Schedule of District Regulations — Table of Permitted Uses.
(2) 
To ensure that infill development is compatible with adjacent existing buildings, especially dwelling units.
(3) 
To provide for approximately the same average density compared to what would be allowed under conventional development.
(4) 
To provide an option that would allow the efficient use of lots with unusual lot lines or physical constraints, such as steep slopes.
(5) 
To allow innovations and creativity within the tract regarding arrangement of structures, dwellings and related infrastructure.
(6) 
To generally ensure a scale and character of new development that is compatible with the adjacent neighborhood.
(7) 
To meet the objectives established by the following:
(a) 
Article VII, Planned Residential Development, of the Pennsylvania Municipalities Planning Code;[6]
[6]
Editor's Note: See 53 P.S. § 10701 et seq.
(b) 
Section 300-1, Community development objectives, of the City of Lancaster Zoning Ordinance; and
(c) 
The City of Lancaster Comprehensive Plan.
(8) 
To specifically recognize Section 705(d)(3) of the Pennsylvania Municipalities Planning Code,[7] which allows standards to be varied in consideration of the design of proposed structures.
[7]
Editor's Note: See 53 P.S. § 10705(d)(3).
C. 
Procedures.
(1) 
A sketch plan submission to the City Planning Commission is very strongly encouraged to allow the Commission to review the overall site layout and to discuss general concerns before the applicant expends significant costs for detailed engineering.
(2) 
The application shall be considered a "planned residential development" (PRD) and shall comply with all requirements and procedures for such development under the Pennsylvania Municipalities Planning Code, as amended. The Lancaster City Planning Commission shall be the official review and approval agency for a PRD and shall have final authority to approve, conditionally approve or deny a PRD.
(3) 
The applicant shall file an application for tentative approval of a development plan for a flexible residential development which satisfies the requirements of the Zoning Ordinance, Subdivision and Land Development Ordinance, Stormwater Management Ordinance, Heritage Conservation District and Historic District Ordinances and other applicable City codes and ordinances, unless provisions of these ordinances are specifically modified in this section. The Bureau of Planning staff, the City Engineer and other City staff responsible for code enforcement shall review the application and provide any recommendations to the applicant and to the Planning Commission.
(4) 
The Lancaster County Planning Commission shall be provided with a copy of the application and be provided with 30 days to offer any review before the City Planning Commission schedules the application for review.
(5) 
As part of a final approval, the City Planning Commission shall have the authority to review and modify any proposed phasing of the flexible residential development to carry out the provisions of this section and to ensure proper, timely completion of improvements.
(6) 
Public hearing, timing and decision. See the procedures established by Sections 708, 709, 710 and 711 of the Pennsylvania Municipalities Planning Code,[8] which generally provide for the following:
(a) 
Tentative approval. An application for tentative approval of a flexible residential development plan shall be filed by or on the behalf of the landowner. If the plan is to be developed in phases, the plan submitted for tentative approval shall identify each phase, which shall, with the exception of the last phase, contain a minimum of 25% of the units as depicted on the flexible residential development plan filed by the applicant. Within 60 days after plan filing, the City Planning Commission shall hold a public hearing pursuant to public notice. The Planning Commission may continue the hearing from one meeting to the next; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing. Within 60 days following the conclusion of the public hearing or within 180 days after the date of filing of the application, whichever occurs first, the Planning Commission shall either grant tentative approval of the development plan as submitted, grant tentative approval, subject to specified conditions, or deny tentative plan approval, citing specific reasons for denial.
(b) 
Final approval. Upon meeting all conditions of tentative approval, the landowner may file an application for final plan approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required if the final plan is complete, meets all other applicable City ordinances, and is in compliance with the tentatively approved development plan, including any specified conditions. The Planning Commission shall either grant final approval or refuse to grant final approval within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed.
(c) 
Refusal of final plan approval. If the final plan submission contains variations from the development plan given tentative approval, the Planning Commission may refuse to grant final plan approval and shall, within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest and/or citing specific deficiencies found in the plan, in which case the landowner may either refile his/her application for final approval without the objectionable variations or file a written request with the Planning Commission that it hold a public hearing on the application for final approval.
(d) 
Action following refusal of final approval. If the landowner wishes to take either such alternate action, as noted in Subsection C(6)(c) above, he/she may do so within the time limit for filing an application for final approval specified by the official written communication granting tentative approval, or within 30 additional days if the deadline for applying for final approval has passed at the time when the landowner is advised of the Planning Commission's refusal to grant approval. If the landowner fails to take either alternate action within said time, he/she shall be deemed to have abandoned the development plan. Any requested public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner. Within 30 days after the conclusion of the hearing, the Planning Commission shall, by official written communication, either grant final approval to the development plan or deny final approval.
[8]
Editor's Note: See 53 P.S. §§ 10708, 10709, 10710 and 10711, respectively.
(7) 
If the Planning Commission, based upon staff review, determines that the application for tentative approval meets all requirements that would apply to a final application, then the Planning Commission may grant final approval, subject to any minor conditions not requiring Planning Commission review, at the same time as granting tentative approval. A separate application for final approval need not be filed by the landowner in this instance.
(8) 
The time limits for plan review and approval in the Pennsylvania Municipalities Planning Code shall not apply if the applicant, in writing, grants time extensions to the City.
D. 
Submission requirements.
(1) 
The applicant shall submit with the application for tentative approval all plans and documentation that the City's Zoning, Subdivision and Land Development, and Stormwater Management Ordinances require for development plans, including the requirement of this section, except that sign(s) and soil erosion and sediment control plans, if required, may be submitted with the application for final plan approval. Plans and documentation shall include, at a minimum, the following: major natural features, existing and proposed man-made features, demolitions, proposed grading, stormwater management, streets and alleys, utility layouts, and landscaping plans. If phasing is proposed, the application for tentative approval shall include a schedule delineating all proposed phases as well as deadlines within which applications for final plan approval of each phase are intended to be filed.
(2) 
For a flexible residential development, the preliminary plan requirements and procedures in the City Subdivision and Land Development Ordinance, as amended, shall apply to and serve the same purposes as the tentative plan for a planned residential development provided for under the PA Municipalities Planning Code, as amended. To comply with the procedures and time limits established in Sections 707 through 711 of the Pennsylvania Municipalities Planning Code,[9] an application for tentative approval shall not be waived.
[9]
Editor's Note: See 53 P.S. §§ 10707 through 10711, respectively.
(3) 
Only adjustments in standards outlined within § 300-23E shall be allowed. All other requirements in the City's Zoning, Subdivision and Land Development, and Stormwater Management Ordinances shall be met.
(4) 
The application for tentative approval shall also include a listing of any special modifications or waivers requested and the appropriate supporting documentation and justification for the request.
(5) 
The applicant shall submit with the application for final approval conceptual architectural elevations at a scale of 1/8 inch through 1/2 inch equals one foot zero inch, depicting design and exterior materials for all proposed exterior building walls facing and/or visible from a public street or alley. All such elevations shall be prepared by a qualified professional having experience and abilities in this field. If similar architectural styles are proposed among different buildings, then only typical elevations are required. If the proposed flexible residential development is located within the Historic Resource Overlay District as provided for in § 300-3D of this chapter, the applicant shall obtain a certificate of appropriateness, pursuant to either the City of Lancaster Historic District Ordinance or Heritage Conservation District Ordinance, whichever is applicable, for proposed new construction prior to the issuance of building permits.
(6) 
To comply with Section 707(5) of the Pennsylvania Municipalities Planning Code,[10] the applicant shall provide a written statement setting forth the reasons why, in his/her opinion, a flexible residential development would be in the public interest and would be consistent with the City's community development objectives and Comprehensive Plan.
[10]
Editor's Note: See 53 P.S. § 10707(5).
E. 
Standards.
(1) 
Tract size. The tract shall include a minimum total lot area of 6,000 square feet in all permitted districts. Such a tract may include more than one existing lot, provided that such lots are contiguous and in common ownership. A lot or lots where one or more historically significant principal building(s) are proposed for demolition shall not be included in a flexible residential development.
(2) 
Housing types.
(a) 
Residential. All dwelling types and residential uses that are permitted in the underlying zoning district shall be permitted within a flexible residential development, except that in the R2 District, single-family attached dwellings are permitted in accordance with Table I of this subsection. Further, the combined total of two-family and multifamily residential dwelling units shall not exceed 40% of the total dwelling units within the flexible residential development. If nonresidential uses are proposed in the development plan, at least 75% of the total units in the entire tract shall be residential. All residential uses shall be subject to the same conditions as set forth in § 300-15, Table of Permitted Uses, of this chapter. For purposes of this section, semidetached and attached buildings may be attached to each other by vertical party walls on the side and/or rear of the dwelling.
(b) 
Nonresidential. All nonresidential uses that are permitted in the underlying zoning district shall be permitted within a flexible residential development. All nonresidential uses shall be subject to the same floor area limitations and conditions contained in § 300-15, Table of Permitted Uses, and to the requirements contained in Article VIII, Off-Street Parking and Loading Requirements.
(3) 
Density.
(a) 
The maximum average densities stated in Table I, Maximum Density Table, shall apply within each district to single-family, two-family, and multifamily dwellings. The maximum average density from the table shall be multiplied by the buildable tract area (stated in acres) to determine the maximum number of single-family, two-family and multifamily dwelling units permitted on a tract. With the exception of the R2 District, the Planning Commission may increase the density by 15% if the applicant proves, to the satisfaction of the Planning Commission, that such adjustment would result in an overall site design that would provide equal or better results or would be more in the public interest than if the tract would be developed using the average maximum densities as per this subsection.
(b) 
For calculating density, the "buildable tract area" shall mean the entire lot area of all lots that are part of the application minus the following: any existing street rights-of-way of preexisting streets and areas more than 35 feet inside of the edge of the one-hundred-year floodplain boundary (to allow for rear yards and pervious parking to intrude into the floodplain). Areas within the rights-of-way of proposed streets may count toward the buildable tract area. If the calculation of total units allowed on a buildable tract area equals 0.5 unit or greater, the allowed units may be rounded up to the next full number (e.g., 8.64 units would equal 9.0 maximum allowed units).
300 Buildable Tract Area.tif
Table I
Maximum Density Table
District
Dwelling Type
Maximum Average Density of Tract
R2
Single-family detached
Single-family semidetached
Single-family attached
16 dwellings/acre
19 dwellings/acre
19 dwellings/acre
R3
Single-family detached
Single-family semidetached
Single-family attached
16 dwellings/acre
19 dwellings/acre
24 dwellings/acre
R4 — RO
Single-family detached
Single-family semidetached
Single-family attached
16 dwellings/acre
19 dwellings/acre
24 dwellings/acre
MU
Single-family detached
Single-family semidetached
Single-family attached
16 dwellings/acre
19 dwellings/acre
24 dwellings/acre
MU
Two-family dwelling
29 units/acre
R4 — MU
Multifamily dwelling
43 units/acre
(c) 
The minimum lot area, minimum lot width and minimum lot depth listed in the applicable zoning district regulations shall not apply under this section.
(d) 
The lot area of each single-family dwelling shall include the building footprint plus the private area required under Subsection E(9) and may include a private parking area as per Subsection E(13) and any yard area adjacent to the dwelling, provided that the maximum average density listed in Table I is complied with for the entire tract.
(e) 
The lot area for a building or buildings containing multifamily units and for buildings containing nonresidential uses shall include the building footprint(s) and adequate outdoor service area for storing trash and recyclables and may include a designated parking area as per Subsection E(13) and any yard area adjacent to the building(s), provided that the maximum average density for the entire tract shall comply with Subsection E(3)(a).
(f) 
All areas within a tract that are set aside for open space and recreation facilities shall be deed restricted to prohibit the future construction of any residential or nonresidential uses.
(g) 
If a buildable tract area includes more than one building type, the maximum density shall be determined by calculating the total land area devoted to each building type and its related individual private or outdoor service areas, streets, parking and required landscaping.
(4) 
Perimeter yards. The following provisions shall apply around the perimeter boundaries of a tract used for a flexible residential development:
(a) 
The front, rear, and side yards listed in the applicable district regulations for the applicable building type in § 300-20 shall be provided around the perimeter boundary of the tract, except that these setbacks may be reduced under one of the following standards:
[1] 
The Planning Commission may waive yard requirements by using the provisions in § 300-26, Waiver of side yard requirements.
[2] 
The Planning Commission may reduce the minimum front, rear and side setbacks around the perimeter of the tract as part of this flexible residential development to the setbacks that exist on a minimum of at least 50% of the developed lots that are visible from the tract and are within 200 feet of the subject lot or tract. The applicant shall provide such information in the application.
[3] 
Where a tract is proposed for flexible residential development and is not on a block with existing residential frontage, the Planning Commission may reduce the minimum front yard setback along the perimeter of the tract to five feet and the rear yard setback to 12 feet if the applicant proves, to the satisfaction of the Planning Commission, that such adjustment would be in the public interest due to the nature of occupancy or would result in an overall design that would be substantially superior and more in the public interest than if the tract were developed using the minimum setbacks listed in § 300-20.
(b) 
If dwelling types are mixed within the same tract, the width or depth of the yards around the perimeter of the tract shall be determined by the depth/width of the yards for the dwelling on the tract that requires the greatest yard depth/width.
(c) 
All portions of the tract abutting an existing or proposed public street shall be considered a front yard and shall meet the front yard requirements, unless reduced by other provisions of this chapter. This requirement shall not apply adjacent to a public, private or common alley.
(5) 
Required setbacks.
(a) 
Other than around the perimeter of a tract, the Planning Commission may reduce by 50% the front, side and rear yards required by § 300-20, or the spacing between buildings as noted in Subsection E(5)(c), provided that a minimum distance of 10 feet is maintained between buildings and that the applicant proves, to the satisfaction of the Planning Commission, that such adjustment would:
[1] 
Result in an overall site design that would be substantially superior and more in the public interest than if the tract would be developed using conventional yard requirements;
[2] 
Be compatible with any adjacent or nearby homes or historic buildings; and
[3] 
Comply with the standards of § 300-26A through E, concerning side yard reduction.
(b) 
Wherever the Planning Commission allows a reduction of a yard area along an exterior building wall, a minimum five-foot-wide area must be provided adjacent to the entire length of such wall for maintenance and fire protection. If this five-foot-wide area is neither entirely located on the same lot as the building nor within a public right-of-way, a permanent maintenance easement shall be provided on the adjacent lot to ensure that a five-foot minimum width is available. This provision is intended to allow for "zero lot line housing."
(c) 
The spacing between buildings, inside the required tract perimeter yards, shall be equal to the combination of minimum yard requirements of the applicable district. For example, spacing between the fronts of two buildings shall be equal to two combined front yards, the rears of buildings the combination of two rear yards, and the side of a building against a front of another building shall be equal to the combining of a side yard and front yard. The yard requirements shall only apply as spacing between actual buildings rather than applying to each individual deeded lot line of each dwelling within the tract.
(d) 
Fences and walls are permitted in accordance with § 300-25 of this chapter.
(6) 
Height. The maximum height and maximum number of stories for each dwelling type shall be the same as required in the applicable district regulations.
(7) 
Building and total lot coverage.
(a) 
Maximum permitted building and total coverage. The maximum permitted building and total coverage, as defined in Article XVII, shall be based on the following maximum allowed building and total coverage percentages. The average building and total coverage percentages shall be applied to the entire buildable tract area, as defined above in Subsection E(3)(b), excluding the area of public and private streets and alleys, and shall not apply to each individual lot.
Zoning District
Maximum Building Coverage
Maximum Lot Coverage
R2
40
55
R3
60
75
R4
60
75
RO
60
75
MU
70
85
(b) 
Future expansions. Any future increase in building or total coverage after full build-out of the plan shall be regulated on a lot-by-lot basis in accordance with Article VI, § 300-20.
(8) 
Flexible residential development review criteria. The Planning Commission shall review a flexible residential development application and either approve or deny it based upon the following major criteria and any conditions that the Planning Commission may establish in order to carry out these criteria:
(a) 
Compliance with the provisions of this section;
(b) 
Efficient and safe ingress and egress to the tract and structures, including private vehicles, pedestrians and service vehicles;
(c) 
Appropriate access for fire and emergency medical vehicles, based upon any review provided by the appropriate City staff;
(d) 
Adequate buffering and screening along the boundaries of the tract, as needed, including landscaping, high-quality weather-resistant wooden fencing and/or walls;
(e) 
Adequate landscaping of any common parking areas (See standards in this section.);
(f) 
Proper provisions for any common waste receptacles or dumpsters and any common recycling containers, including setback from nearby homes and screening of any receptacle or dumpster;
(g) 
General compatibility with the scale and character of the surrounding neighborhood;
(h) 
For flexible residential development located in the Heritage Conservation District or Historic District, evidence that the City Council has issued a certificate of appropriateness for the proposed new construction.
(i) 
For flexible residential developments not located in the Heritage Conservation District or Historic District, compatibility of the major exterior features visible from a public street or alley compared to a majority of adjacent existing buildings visible and within 200 feet of the tract, including the following:
[1] 
Continuation of major rooflines;
[2] 
Compatibility of window proportions and spacing;
[3] 
Compatibility of adjacent building/heights;
[4] 
Continuation of porches where present on adjacent buildings;
[5] 
Avoidance of demolishing buildings that add to the character and scale of the neighborhood; and
[6] 
Continuation of materials compatible with the character of adjacent buildings.
(j) 
Consideration of the statement by the landowner provided for under Subsection D(6), regarding why the proposed development will be in the public interest,
(k) 
Coordinated and harmonious provisions for locations of U.S. mailboxes meeting U.S. Postal Service requirements.
(l) 
Provision of required open space and recreation uses suitable for its intended use and provision for maintenance either by dedicating the land and/or recreation uses to the City for it to maintain or providing for common maintenance of the open space and recreation uses in accordance with Subsection E(11).
(m) 
Each phase of any phasing plan that is submitted as part of a flexible residential development shall be developed in accordance with all the provisions of this section.
(9) 
Private area. Each dwelling unit approved under this section shall include a one-hundred-seventy-five-square-foot minimum outdoor private area(s) for the exclusive use of residents of that dwelling. This area shall be adjacent to and be accessible from the dwelling. This shall include a grassed and/or landscaped area, patio, porch, deck, atrium and/or balcony. A roofed area that is enclosed by screening, glass and/or mostly transparent sides which form a "patio," "solar room" or "sunroom" may count toward 1/2 of the required private area, but shall not be counted as part of the required habitable area. A storage shed shall not be included in the calculation of any required private area.
(10) 
Outdoor service area. Any outdoor service area used for the purpose of storing trash and recyclable materials shall be located to the side or rear of the building and shall be screened from view from adjacent buildings or properties.
(11) 
Provision of parks, open space, and recreation facilities.
(a) 
The Planning Commission shall require that the flexible residential development provide a minimum of one acre per 1,000 people (43.56 square feet per person) as recreation area if the Planning Commission determines that a flexible residential development will have the capacity to house 100 or more persons, will not be within a one-thousand-foot walking distance of an existing public park or greenway, will generate a need for additional recreation areas, and will include land that would be suitable for recreation.
(b) 
If such area is not offered to and accepted by the City for dedication for public recreation space, then it shall be maintained by a homeowners' association. Such proposed recreation land shall be contiguous and suitable for the intended active and/or passive recreation purpose, as determined by the Planning Commission. Such recreation area may include land within the one-hundred-year floodplain.
(12) 
Common maintenance.
(a) 
A formal, binding homeowners' association shall be responsible for any commonly owned and/or maintained improvements or lands, such as common open space, parking areas, recreation facilities, sidewalks, streets, alleys, utilities, stormwater control facilities and other similar improvements. This homeowners' association shall be established and subject to the provisions of: Section 705(f) of the Pennsylvania Municipalities Planning Code[11] and Title 68, Real and Personal Property Act, Part II, Real Property, Subpart B, Condominiums, as amended by Senate Bill 65, 1979, or later amendment.
[11]
Editor's Note: See 53 P.S. § 10705(f).
(b) 
Any such condominium or homeowners' association agreement shall be provided to the Planning Commission for review a minimum of 30 days before the final plan is recorded. If, within those 30 days, the Commission determines, in writing, that such document is not in legally acceptable form with regard to concerns of the City, the plan shall not be recorded until acceptable revisions are made.
(13) 
Parking.
(a) 
Off-street parking may be provided through private or commonly owned and maintained areas and shall not thereafter be sold, rented or leased so as to remove any parking as required by this chapter.
(b) 
Garages which are privately or commonly owned shall be used for vehicle storage solely by the occupants of the flexible residential development.
(c) 
The minimum number of off-street parking spaces required per dwelling unit shall be in accordance with Table II, except that where the occupancy of the dwellings is limited to a special group, such as the elderly or handicapped, not normally requiring off-street parking to the extent of other single-family dwellings, the Planning Commission may reduce the number of required parking spaces to no less than one parking space for each two dwelling units.
(d) 
The minimum number of off-street parking spaces required for multifamily units and nonresidential uses shall be in accordance with Article VIII, § 300-41, except that the Planning Commission may permit a reduction in the number of spaces in accordance with § 300-48, Flexibility in parking requirements.
(e) 
Restriction on parking in front yard. See § 300-44 of this chapter.
(f) 
Appropriate curb stops or other structures acceptable to the City Planning Commission shall be used within common parking areas to prevent vehicles from bumping into trees, shrubbery or into a building wall.
(g) 
The City Planning Commission may allow the required number of parking spaces to be provided on a separate lot or lots within a three-hundred-foot walking distance from the lot(s) that include the residential or nonresidential units. Such lot containing the parking shall be permanently committed through deed restrictions to use for the residential or nonresidential units.
(h) 
In calculating the number of off-street parking spaces, the applicant may count any existing available on-street parking if the applicant proves to the satisfaction of the Planning Commission, by providing a neighborhood parking analysis in accordance with § 300-44E of this chapter, that sufficient on-street parking is available.
(i) 
The Planning Commission may require that additional parking be provided in one or more off-street lots or through the addition of on-street parking spaces to provide for guest and overflow parking.
(14) 
Access.
(a) 
Each building or lot within a flexible residential development is not required to abut or have its own direct access onto a public street, if the City Planning Commission determines that:
[1] 
Each building and lot will have guaranteed permanent acceptable vehicular or pedestrian access to a public street via a commonly owned and commonly maintained parking court, accessway, alley and/or street; and
[2] 
The width, layout and circulation pattern of such access are acceptable in the determination of the City Planning Commission, based upon review by the City staff.
(b) 
If no other alternative exists, the City Planning Commission may permit a development on a single preexisting lot of record within a flexible residential development to have vehicle access onto a public or common alley, provided that the alley has a minimum paved cartway width of 10 feet; the alley has an unobstructed and totally visible right-of-way of 12 feet for its length; and a maximum length of 300 feet shall be traveled along the alley from the development to reach an existing public street and to allow for police and fire access.
(15) 
Street width, curb and street construction standards.
(a) 
Under the provisions of the planned residential development sections of the Pennsylvania Municipalities Planning Code, based upon advice of the City staff, the City Planning Commission shall have the authority, when considering a flexible residential development for approval, to reduce the street width and curb provisions of the City's Subdivision and Land Development Ordinance within or immediately abutting a flexible residential development as follows:
[1] 
To permit rolled or slant curbs instead of straight curbs along blocks where a straight curb does not already exist. Such rolled or slant curbs shall meet specifications of the City Engineer.
[2] 
To reduce the minimum widths for streets and alleys, as the City Planning Commission deems appropriate, with the widths shown on Table II serving as minimums. The Planning Commission shall consider whether it would be practical to prohibit parking on one or both sides of a street. The Planning Commission shall also consider what type of development with what amounts of off-street parking is possible or likely on any abutting undeveloped tract(s).
(b) 
For developments proposing private streets, the Commission, with the advice of the City Engineer, may modify the street construction standards in consideration of expected traffic volumes and vehicle users.
(c) 
Where an existing street is being continued or extended less than 500 feet, the existing cartway width shall be continued, regardless of the standards in the following table, unless the City Planning Commission determines that such width is inadequate or excessive based upon parking needs, traffic volumes and need for right-of-way for sidewalk and utilities.
(16) 
Sidewalks. Private and/or public sidewalks, which shall be at least four feet wide and be constructed to City standards, shall be provided for reasonable pedestrian movement throughout the site, for pedestrian access to a public street(s) and for pedestrian access between dwelling units and common play areas.
Table II
Selected Minimum Off-Street Parking and Cartway and Right-of-Way Widths Within Flexible Residential Developments
Type of Street
Minimum Amount of Off-Street Parking Required Per Dwelling Unit As Per On-Street Parking Availability*
Minimum Paved Cartway Width
(including parking)
Minimum Right-of-Way Width Allowed
On-Street Parking
Private alley
2
10 (excluding parking)
14**
None
Public alley
2
12 (excluding parking)
16
None
Minor street - private or public
1
1.5
2
36
28***
22****
46*****
38*****
30
2 sides
1 side
None
Collector street
1
1.5
2
36
30***
24****
48*****
40*****
34
2 sides
1 side
None
Arterial street
1
1.5
2
Cartway and R.O.W. widths as determined by City, county and state
2 sides
1 side
None
NOTES:
*
See other parking requirements of this section.
**
If the Planning Commission determines that sidewalks are not necessary, the right-of-way width may be reduced by four feet.
***
In cases where the Planning Commission determines that on the average, vehicles need only be parked on one side of a street.
****
Provided on-street parking is prohibited and determined by the Planning Commission to be unneeded at all times on both sides of the street.
*****
Right-of-way and cartway width by may be reduced by "one travel lane width" where the Planning Commission, based on Traffic Commission approval, determines that a one-way street may be appropriate and adequate off-street and on-street parking is provided.
(17) 
Landscaping.
(a) 
A flexible residential development shall include the planting of deciduous shade trees along all abutting existing or proposed streets. The City Planning Commission may waive or reduce this street tree requirement along existing abutting streets if the Planning Commission determines, based upon staff review, that there would not be any appropriate locations within or outside the right-of-way of abutting streets. The species of street trees, the specifications for planting, location and use of tree grates shall be approved by the City. Where street trees do not already exist, one tree shall be planted for every 40 linear feet, or major fraction thereof, of street and alley frontage abutting and within the development, with spacing between trees not less than 30 feet nor more than 50 feet.
(b) 
Landscape plantings and/or grass areas shall make up a minimum of 15% of the total area of a flexible residential development tract in all permitted districts. Where appropriate, this landscaped area should include highly visible areas. The required "private areas" may not count towards this requirement. In cases where common or public recreation areas are approved, those recreation areas may count towards the minimum grass and landscaped areas.
(c) 
Any common or private parking areas shall be dimensioned and landscaped in accordance with § 300-42, Dimensional and landscaping requirements of parking facilities, of this chapter, except that the Planning Commission may approve modifications to the dimensional and landscaping requirements if the applicant proves to the satisfaction of the Planning Commission that the proposed dimensions and landscaping will be superior to the landscaping that would be installed in accordance with the requirements.
(18) 
Sewage and water service. Appropriate sections of the City Subdivision and Land Development Ordinance shall specifically apply. Each lot intended to be in separate ownership shall be connected to an individual water lateral and an individual sewage lateral. If the lots have common private access, as opposed to frontage on a public street, such laterals may be connected to a common line within an appropriate permanent easement. All common lines shall meet City construction standards, regardless of whether they are intended to be dedicated. These common lines shall also be maintained under the provisions of Subsection E(12), Common maintenance.