[Added 4-11-2005 by Ord. No. 1247-2005; amended 4-11-2022 by Ord. No. 1552-2022]
A. 
Purpose. Provisions for the FRD Overlay District have been enacted to:
(1) 
Foster redevelopment of the area known as "The Flats" in a manner which will encourage local, regional, and national visitors to the City while also providing services and opportunities for residents of the City. Such redevelopment should be planned and constructed in a manner to encourage pedestrian circulation between the FRD Overlay District and the adjoining C-2 Central Business District.
(2) 
Promote the revitalization and redevelopment of the City as a compact, mixed-use, pedestrian-oriented place.
B. 
Description of the Flats Redevelopment (FRD) Overlay District and conditions of eligibility.
(1) 
The FRD Overlay District is the area which consists of the following lots (identified by the Tax Map Parcel Number assigned thereto by the Board of Assessment of the County of Chester):
(a) 
Tax Map Parcel No. 16-5-16;
(b) 
Tax Map Parcel No. 16-5-17;
(c) 
Tax Map Parcel No. 16-5-18;
(d) 
Tax Map Parcel No. 16-5-18.1;
(e) 
Tax Map Parcel No. 16-5-19; and
(f) 
Tax Map Parcel No. 16-5-19.2.
(2) 
The FRD Overlay District overlays portions of the I-2 Heavy Industrial District, C-1 Neighborhood Commercial District, and C-4 Special Commercial Use District, respectively, in the area described in § 224-102B(1).
C. 
Permitted uses and structures. The following uses and structures (including any combination thereof) are permitted by-right within the FRD Overlay District and, except as expressly set forth in § 224-102G, shall not be subject to Article IX, Article XI, or Article XII.
(1) 
Indoor commercial recreation.
(2) 
Indoor recreation.
(3) 
Medical clinic.
(4) 
Office.
(5) 
Restaurant.
(6) 
Retail service.
(7) 
Retail store.
(8) 
Hotel.
(9) 
Health/recreation spa.
(10) 
Day-care facilities.
(11) 
Performing arts center.
D. 
Lot area, width, coverage, yard and height requirements. Lot area and coverage requirements of not less or greater than (as applicable) the dimensions stated shall be provided for each development within the FRD Overlay District. These requirements shall be established and applicable to the entirety of the lot(s) upon which development is occurring, whether in common ownership or control or otherwise.
(1) 
Lot area. Not less than five acres.
(2) 
Lot width. Not less than 75 feet.
(3) 
Lot coverage. Not greater than 90%.
(4) 
Building coverage. Not greater than 75%.
(5) 
Yards.
(a) 
Front yard. Not less than 10 feet.
(b) 
Side yard. Not less than 10 feet.
(c) 
Rear yard. Not less than 10 feet.
(6) 
Building height. Not greater than 70 feet.
E. 
Development standards. In addition to the standards in § 224-102D, the following shall apply:
(1) 
Parking and access. Except as set forth in this § 224-112E(1), the provisions of Article XIII shall apply to developments within the FRD Overlay District.
(a) 
When two or more uses, activities, or separate establishments are located within the same development, off-street parking as required for each use, activity, or separate establishment pursuant to § 224-64C may be reduced by a total of 20% in the aggregate pursuant to a shared parking plan which the proponent of the development shall submit to the City Engineer for review and approval in accordance with the standards set forth by authoritative sources such as the Institute of Transportation Engineers (ITE) and/or the Urban Land Institute (ULI). Any such shared parking plan shall be prepared by a professional engineer licensed as such by the Commonwealth of Pennsylvania who shall regularly practice in the field of traffic study and design and shall include consideration of (i) the hours of operation of the uses, activities, or separate establishments are located within the development; (ii) the location and proximity of off-street parking spaces within the development relative to each of those uses, activities, or separate establishments; (iii) the expected duration of the stay at the subject development by visitors to each use, activity, or separate establishment; and (iv) the relative sizes of each use.
(b) 
When a development located within the FRD Overlay District is comprised of more than one lot, the off-street parking for any one or more use(s) within that development as required pursuant to § 224-64C (as modified pursuant to § 224-112E(1)[a]) may be located on a lot other than that on which the use(s) is/are located.
(c) 
Off-street parking for developments within the FRD Overlay District may be located in front of the front building line and on the rear, front, or sides of any building.
(2) 
External pedestrian access. Sidewalks within the FRD Overlay District shall be a minimum of five feet in width. Developments within the FRD Overlay District shall include sidewalks along:
(a) 
The Lincoln Highway frontage of any lot(s) undergoing development which have frontage upon such roadway provided that, to the extent that any sidewalk shall exist along such frontage as of the date of any application for land development approval for development within the FRD Overlay District, the width of such existing sidewalk shall be retained or replicated; and
(b) 
Otherwise as shall be necessary to provide pedestrian connection between not less than one point within the development and the adjoining C-2 Central Business District.
(3) 
Internal pedestrian access. All developments within the FRD Overlay District shall be designed with defined pedestrian pathways between off-street parking areas and buildings located on the lot(s) undergoing development, which such pathways shall be a minimum of five feet in width.
(4) 
Utilities. All new utilities constructed within a lot undergoing development pursuant to the FRD Overlay District regulations must be installed and placed underground.
F. 
Declaration of covenants, easements, and restrictions. In the event that development pursuant to the FRD Overlay District regulations is proposed or occurring upon multiple lots which are not in common ownership or control (or which may be separately subjected to mortgages or liens as security for indebtedness), the owner of each constituent lot shall join into and deliver to the City a declaration of covenants, easements, and restrictions in form and substance reasonably acceptable to the City Solicitor pursuant to which such owners shall be obligated to keep and maintain the entire development subject to such easements and agreements as may be necessary to maintain the development as a common and indivisible scheme and plan.
G. 
Applicability of specific ordinance sections. Notwithstanding anything to the contrary set forth in this article, the following sections of this chapter shall apply to developments within the FRD Overlay District:
(1) 
Section 224-30E (Pennsylvania Natural Diversity Inventory Sites).
(2) 
Section 224-30G (Watercourses) [except § 224-30G(2)(b), which shall not apply to developments within the FRD Overlay District].
(3) 
Section 224-30H (Wetlands).
(4) 
Section 224-49 (Nuisance standards).
(5) 
Section 224-50 (Outdoor lighting).
(6) 
Section 224-51 (Landscaping and buffering).
(7) 
Section 224-52 (Fences, hedges, and walls).
(8) 
Section 224-53 (Access and traffic control).
(9) 
Section 224-55 (Airport height restrictions).
(10) 
Section 224-61 (Conversion of uses).