Borough of Millersville, PA
Lancaster County
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Table of Contents
Table of Contents
A. 
For the purposes of this chapter, Millersville Borough is hereby divided into the following zoning districts, with the following abbreviations:
P
Park District
R1
Low-Density Residential District
R1A
Residential/University District
R2
Medium-Density Residential District
R3
High-Density Residential District
RP
Residential/Professional Office District
NC
Neighborhood Commercial District
GC
General Commercial District
B. 
For the purposes of this chapter, the zoning districts named in Subsection A of this section shall be of the number, size, shape and location shown on the Official Zoning Map.[1] Any use of the abbreviations listed in Subsection A of this section shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
C. 
Overlay districts. The floodplain area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts. The Historic Overlay District shall exist as described in § 380-30. The TN Traditional Neighborhood Development Overlay District shall exist as described in § 380-29. The Downtown District shall serve as an overlay district and exist as described in § 380-30.1.
[Amended 5-24-2016 by Ord. No. 2016-03]
D. 
Purposes of each district. In addition to the overall purposes and objectives of this chapter and the Comprehensive Plan, the purposes of each zoning district are summarized below:
(1) 
Park District: to permanently preserve public parks for recreation by the community.
(2) 
R1 Low-Density Residential District: to provide for low-density residential neighborhoods that are primarily composed of single-family detached dwellings; to protect these areas from incompatible uses; to encourage owner-occupancy and neighborhood stability; to promote traditional patterns of development, extending the best features of older development into newer development; and to include the permanent preservation of significant open space as part of larger new developments.
(3) 
R1A Residential/University District: to provide for residential uses, in addition to a range of higher education uses; and to serve as the primary location in the Borough for housing of university students.
(4) 
R2 Medium-Density Residential District: to provide for medium-density residential neighborhoods; to protect these areas from incompatible uses; to encourage “one home on one lot" (which may be attached to another home) in order to promote home ownership and neighborhood stability; to make sure that infill development is consistent with neighboring development; and to provide opportunities for well-planned retirement housing.
(5) 
R3 High-Density Residential District: to provide for high-density residential neighborhoods with a mix of housing types; and to protect these areas from incompatible uses.
(6) 
RP Residential/Professional Office District: to provide for a mix of homes, offices and related light business uses that will reuse older buildings and be compatible with nearby homes; and to prohibit heavier commercial uses that are most likely to cause demolition and conflicts with homes.
(7) 
NC Neighborhood Commercial District: to promote pedestrian-oriented commercial activities; to promote an appropriate mix of retail, service, office, public, institutional and residential uses; to avoid heavy auto-related commercial uses that are most likely to conflict with nearby homes and the pedestrian-orientation and which are most likely to cause demolition of historic buildings; and to primarily provide for smaller-scale uses that utilize existing historic buildings, as opposed to uses that would involve substantial demolition.
(8) 
GC General Commercial District: to provide for a wide range of commercial uses, including auto-related uses that are prohibited in other areas of the Borough; to provide for limited types of industrial uses, while recognizing that there are no appropriate locations within the Borough of Millersville for most types of industrial uses, because of the proximity of homes to all areas of the Borough, the locations of creeks and other important natural features, the importance of preserving historic buildings, the congestion of the street system and the very limited amounts of undeveloped land; and to carefully control the types of industrial operations to avoid nuisances (such as excessive noise) and hazards.
A. 
The regulations set by this chapter shall apply uniformly to each class of uses or structures within each district, except as provided for in this chapter.
B. 
No structure shall hereafter be erected, used, constructed, reconstructed, demolished, razed, moved, placed, altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
D. 
Boundary change. Any territory which may hereafter become part of the Borough through annexation or a boundary adjustment shall be classified as the R1 Zoning District of Millersville Borough until or unless such territory is otherwise classified by the Borough Council.
A. 
A map entitled "Millersville Borough Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Borough Building.[1]
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Municipalities Planning Code. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, the Borough Council may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved, together with all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map:[1]
A. 
District boundary lines are intended to follow or be parallel to the center lines of street rights-of-way, creeks, railroads and lot lines (according to official county records) as they existed at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines, unless specifically shown otherwise.
C. 
The location of a district boundary that divides a lot shall be determined by the use of the scale appearing on the Zoning Map, unless indicated otherwise by dimensions.
D. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) is(are) located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.
[1]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
A. 
Intent. The intent is to continue the objective of compatible land uses across municipal boundaries.
B. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district. These same additional setback and buffer yard provisions shall be provided by uses proposed within Millersville Borough regardless of whether such abutting existing dwelling or primarily residential zoning district is located in an abutting municipality and/or in Millersville.
A. 
For the purposes of this § 380-27, the following abbreviations shall have the following meanings:
P =
Permitted by right use (zoning decision by Zoning Officer)
SE =
Special exception use (zoning decision by Zoning Hearing Board)
C =
Conditional use (zoning decision by Borough Council)
N =
Not permitted
(§ 380-34) =
See additional requirements in § 380-34
(§ 380-35) =
See additional requirements in § 380-35
B. 
Unless otherwise provided by law or specifically stated in this chapter (including § 380-6B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as allowed in the zoning district where the land or structure is located. Any use shall only be permitted if it complies with all other requirements of this chapter.
(1) 
This table is divided into two sections:
(a) 
Primarily residential districts; and
(b) 
Primarily nonresidential districts.
(2) 
See § 380-6B, which generally provides a process for approval of a use that is not listed-based upon similarity to permitted uses and other criteria. Except as provided in such § 380-6B, any other principal use that is not specifically listed as "P," "C" or "SE" in the applicable district in this table is prohibited in that district.
(3) 
For temporary uses, see § 380-4.
C. 
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 380-35 and all other requirements of this chapter:
(1) 
Standard antennas, including antennas used by contractors to communicate with their own vehicles. (See standard for each in § 380-35.)
(2) 
Fence or wall. (See standard for each in § 380-35.)
(3) 
Garage, household. (See standard for each in § 380-35.)
(4) 
Garage sale. (See standard for each in § 380-35.)
(5) 
Pets, keeping of. (See standard for each in § 380-35.)
(6) 
Parking or loading, off-street, only to serve a use that is permitted in that district. (See standard for each in § 380-35.)
(7) 
Recreational facilities, limited to use by residents of a development and their occasional invited guests. (See standard for each in § 380-35.)
(8) 
Residential accessory structure (see definition in Article II). (See standard for each in § 380-35.)
(9) 
Signs, as permitted by Article VII. (See standard for each in § 380-35.)
(10) 
Swimming pool, household. (See standard for each in § 380-35.)
(11) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted-by-right, special exception or conditional principal use.
D. 
Permitted accessory uses to business and institutional uses. The following are permitted-by-right accessory uses only to a lawful principal commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(1) 
Storage of fuels for on-site use or to fuel company vehicles.
(2) 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents, students and families of employees of the use and their occasional invited guests:
(a) 
Internal cafeteria without drive-through service;
(b) 
Day-care center; or
(c) 
Recreational facilities.
(3) 
Bus shelters meeting § 380-35.
(4) 
Automatic transaction machine.
(5) 
Storage sheds meeting the requirements of § 380-28A.
[1]
Editor's Note: The Table of Permitted Uses by District, which consists of the Primarily Residential and Park Districts Table and the Primarily Nonresidential Districts Table, is included at the end of this chapter.
A. 
The following area, yard and building requirements shall apply for the specified zoning district, unless a more-restrictive requirement for a specific use is required by § 380-34 or 380-35 or another section of this chapter. All measurements shall be in feet, unless otherwise stated. See definitions of terms (such as “lot width”) in § 380-21.[1]
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
B. 
Height. The following height provisions shall apply, unless specifically stated otherwise for a specific use:
(1) 
The maximum height for structures shall be 3.5 stories or 40 feet, whichever is more restrictive, except as follows:
(a) 
Structures that are accessory to dwellings shall have a maximum height of two stories (with the top story limited to nonhabitable storage areas) or 25 feet, whichever is more restrictive.
(b) 
See also § 380-56, Height exceptions.
(c) 
Within the R1A District, college or university buildings may have a maximum height of nine stories or 100 feet, whichever is more restrictive, provided that all portions of the building greater than 40 feet in height are located a minimum of 200 feet from each of the following:
[1] 
Any lot zoned R1 or R2 District.
[2] 
Any lot occupied by a primarily residential use that is not owned by the college/university or an affiliate corporation.
C. 
Additional provisions along Manor Avenue, North George Street, West Charlotte Street, Prince Street and West Frederick Street.
(1) 
This § 380-28C shall apply within the R1, NC, GC and RP Districts for any lot that is adjacent to any of the following streets: Manor Avenue, North George Street, West Charlotte Street, Prince Street or West Frederick Street.
(2) 
Vehicle access. If an existing alley exists to the rear or side of a lot, then any new driveway or vehicle garage for a residential use shall utilize such alley for its vehicle access as opposed to creating a new curb cut onto Manor Avenue, West Charlotte Street, North George Street, West Frederick Street or Prince Street.
(a) 
This Subsection C(2) shall not apply if PennDOT or the Borough Council specifically requires an alternative driveway location as a condition of subdivision, land development approval or highway occupancy permit approval.
(b) 
Any new driveway along Manor Avenue or George Street shall be designed to minimize interference with pedestrian movements along the street.
(3) 
New building placement. If a new principal building is proposed on a lot that is adjacent to George, Charlotte, Manor, Frederick or Prince Street, then the majority of the front wall of such building shall have a front yard building setback that is not more than 10 feet more than or less than the average setback of all existing principal buildings on the same side of the block.
(a) 
If a lot has four or more existing off-street vehicle parking spaces between a principal building and the street, the setback of that lot shall not be considered in calculating the average setback.
(b) 
No new off-street parking spaces shall be placed between a new principal building and George, Charlotte, Manor, Frederick and Prince Streets.
(4) 
Parking setback. If three or more new off-street parking spaces are proposed at least partially within 50 feet from George, Charlotte, Manor, Frederick or Prince Streets, they shall be separated from such streets by a planting area with a minimum width of 15 feet. Such planting area shall include a mix of shrubs intended to have a mature height of less than six feet and deciduous shade trees. Such planting area may also include a decorative masonry wall or decorative metal, vinyl or wood stockade fence with a maximum height of four feet on the inside of the plantings. Such planting area shall only be interrupted where necessary for an approximately perpendicular driveway, where such driveway may be allowed.
(5) 
Garage doors. No new vehicle garage doors or truck loading docks located within 60 feet from the curbline of Manor, Charlotte, George, Frederick or Prince Street shall face onto such street.
(6) 
Any principal commercial building shall have a primary pedestrian entrance and windows along George Street or Manor Avenue if the building is adjacent to such street. If desired for security purposes, the windows may be display windows or have curtains in front of an interior wall, without the windows opening directly to the inside of the building.
(7) 
If a new principal building is constructed adjacent to George Street or Manor Avenue, it shall have two or more aboveground stories. If this height is not feasible, then the building shall be constructed with an appearance of having two or more aboveground stories. Such appearance may utilize parapet walls, fake windows and similar design features.
A. 
Purposes. This overlay district provides an option to developers that is primarily intended to:
(1) 
Encourage new development to occur in a manner that will be consistent with the traditional patterns and scale of development and mix of uses that occurred in Millersville Borough before 1946;
(2) 
Promote a mix of diverse but compatible types of neighborhood development;
(3) 
Avoid development that would be inconsistent with the character of the community and could cause inefficient patterns of sprawled development;
(4) 
Encourage a blending of recreation areas, preserved natural features, compatible institutional uses, and a mix of housing at a medium density, including housing intended to be affordable to middle-income persons;
(5) 
Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts between vehicles backing out of garages across sidewalks;
(6) 
Encourage persons to live, work, shop, attend religious services and enjoy recreation within the Borough;
(7) 
Encourage the creation of a sense of place, feelings of belonging and a community spirit that promotes social interaction and volunteerism;
(8) 
Encourage the location of places of worship and other principal nonresidential uses with distinguished architectural features at prominent locations around a central commons, to serve as a focal point for the development; and
(9) 
Serve the purposes for traditional neighborhood development as listed in the State Municipalities Planning Code, as amended.
B. 
Overlay district. The TN Traditional Neighborhood Overlay District shall be an overlay zoning district to the existing zoning districts. The TN District provides an optional set of development standards that allow a higher density and a wider range of uses than would otherwise be allowed, in return for a higher level of site design and preservation of common open space land. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 380-29 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the traditional neighborhood development procedures and requirements. Where there may be a direct conflict between two different ordinance provisions, then the more-restrictive requirement upon development and uses shall apply.
C. 
Master plan for a traditional neighborhood development.
(1) 
If Subsection E(1) of this section requires that a use be within a traditional neighborhood development, then, before any lot is subdivided or zoning permit is issued, the applicant shall submit an overall master plan for conditional use approval for a traditional neighborhood development. Such master plan shall include all adjacent land owned, equitably owned or otherwise controlled by the applicant. If the applicant's land extends into an adjacent municipality or zoning district, then it is requested that the master plan also show such area to plan for a coordinated road and infrastructure system.
(a) 
If a traditional neighborhood development exists, is proposed or has been approved on an adjacent tract, then the master plan shall be coordinated with that adjacent land.
(2) 
The overall master plan shall show proposed streets, alleys, cartway widths, lots, common open spaces, recreation areas, major pedestrian and bicycle pathways, parking areas, major detention basins and proposed types of housing and nonresidential uses. The master plan is intended to be similar to what is commonly termed a "sketch plan." The master plan is not required, for the purposes of these zoning district regulations, to meet the minimum submission requirements for a preliminary or final subdivision/land development plan.
(a) 
An applicant may voluntarily submit a preliminary subdivision or land development plan at the same time as a conditional use application and thereby have the conditional use application be considered during a time period that overlaps with review and approval of the subdivision or land development plan.
(3) 
The master plan and application for the traditional neighborhood development shall be reviewed by the Borough Planning Commission and require approval by the Borough Council as a conditional use. Once conditional use approval is granted for the traditional neighborhood development, then individual lots may be submitted for approval under Chapter 325, Subdivision and Land Development, and allowed uses may occur as permitted-by-right uses, provided that the lots and uses comply with the approved master plan.
(4) 
If the Zoning Officer determines that a zoning or subdivision application represents a significant divergence from the approved master plan, then the difference in the master plan shall need conditional use approval. However, the Zoning Officer may permit minor deviations from the master plan, without needing a second conditional use approval, if the differences are minor changes that do not affect zoning ordinance matters, such as adjustments in street alignments and detention basin designs to reflect more-detailed engineering.
(5) 
All other requirements of this chapter and other Borough ordinances shall apply within the Traditional Neighborhood District, except for provisions that are specifically modified by this § 380-29.
D. 
Overall requirements. Conditional use approval shall be granted for a traditional neighborhood development only if the applicant proves that the following minimum requirements will be met, in addition to other applicable Borough requirements:
(1) 
The existing street system shall be extended into the new development. Streets shall be interconnected through the development. The development shall have a central focal point, such as a central commons, park, commercial area or institutional building. At best, streets or trails would lead towards this focal point. A cul-de-sac shall be permitted only where the applicant proves that there are no feasible alternatives. Street linkages shall be provided to allow connections with future phases of development or adjacent tracts. Where direct street access is not practical between two areas, then the Borough Council may require the provision of bicycle and pedestrian access using an easement.
(2) 
A minimum of 60% of the principal residential buildings shall include a front door accessing onto an unenclosed front porch with a minimum depth of six feet and a minimum length of nine feet. Such porch shall be covered by a permanent roof. Such porch shall not be enclosed in the future.
(3) 
As a condition of conditional use approval, the applicant shall prove that proper site planning and architectural design will be used to minimize visual impact of garages and garage doors as viewed from the front of the lot. The placement of garages along rear or side alleys or to the rear of the lot with a side driveway is encouraged. No garage shall be located with a smaller setback from the street than the living quarters of the dwelling. No off-street vehicle parking, garage or carport shall be permitted within five feet from the right-of-way of an alley. (However, on-street parallel parking may be approved along an alley under other provisions of this § 380-29.)
(a) 
Garage doors shall not make up more than 50% of the front street level of the facade of a dwelling.
(b) 
If the Zoning Hearing Board should grant a variance to this Subsection D(3), then the minimum lot width should be required to be increased as a condition of the variance, to prevent the majority of the front yard from being covered by paving.
(c) 
All streets and alleys shall have a right-of-way, whether public or private.
(d) 
See Subsection I of this section, which allows on-street parking to be counted towards off-street parking requirements. To the maximum extent feasible, vehicle parking, carports and garages shall be placed to the rear or side of lots, preferably with rear or side access. For example, the following alternative methods of providing parking are permitted and encouraged:
[1] 
A rear landscaped shared parking court or shared carport structure;
[2] 
Detached rear garages or rear individual parking pads or side-entry garages accessed from alleys or side driveways, with such driveways being of minimal width within the front yard;
[3] 
Decks built extending over attached garage driveways; or
[4] 
A landscaped shared parking court connected to a street, provided that parked vehicles do not need to back out onto a through street, and provided that all paving is set back a minimum of 25 feet from any dwelling (other than a front porch).
(e) 
If driveways pass through the front of the lot (such as to reach detached rear garages), then it is encouraged to place driveways of adjacent dwellings immediately adjacent to each other. This would allow the driveway on each lot to be more narrow than would otherwise be possible. However, each property owner shall still be responsible for their own half of the driveway, and each half shall be wide enough to allow a passenger car to travel on each lot.
(4) 
No principal building shall have the appearance of a flat roof or butterfly roof, as viewed from the street, except that a flat roof may be approved as part of a conditional use approval for townhouses or connected commercial buildings if the buildings have a decorative cornice. Significant roof pitches and variations in rooflines are specifically encouraged.
(5) 
Sidewalks shall be provided along both sides of each street.
(6) 
A minimum of 90% of the lots within a subdivision shall be deeper than they are wide.
(7) 
See Subsection F of this section concerning common open space.
(8) 
Commercial. Allowed commercial uses shall occupy a maximum of 5% of the total land area of the traditional neighborhood development. This maximum shall not apply within a commercial district.
(9) 
Housing types. Any dwelling units located within 100 feet from the lot line of a single-family detached dwelling that existed at the time of enactment of this chapter shall be new single-family detached dwellings.
(10) 
Any alleys shall be designed to discourage through traffic. All streets and alleys, whether public or private, shall be constructed to the same roadbed construction standards as would apply to a public street within the Borough.
(a) 
Alleys shall have a minimum paved width of 10 feet if serving one-way traffic and 14 feet if serving two-way traffic. Additional width shall be required if any parallel parking is provided. The right-of-way for an alley shall be at least four feet wider than the cartway.
(b) 
If the Borough does not agree in advance to accept dedication of alleys, they shall be maintained by a legally binding homeowners' association.
(11) 
New streets shall be sufficient in width to allow on-street parking along at least one side of each street and to provide room for bicycle riding, unless a separate bicycle pathway is provided.
(12) 
Any commercial uses that are developed should be located adjacent to a central commons or other community focal point. One or more prominent sites adjacent to the central commons should be proposed for a principal nonresidential use. The conditional use approval for the traditional neighborhood development may specifically allow for two or more alternative uses for certain sites adjacent to the central commons, to allow a developer with reasonable flexibility to attract different uses.
(13) 
Public transit. An applicant for a traditional neighborhood development shall provide evidence that he/she has contacted the provider of public transit services and requested the provision of service to the development once it is significantly complete. If public transit service is intended to eventually be provided, the applicant shall show that provisions have been made for convenient public transit stops and shelters. Any shelters should also be designed to be suitable for use as school bus stops.
(14) 
Streetlights. The applicant shall install streetlights meeting minimum requirements of the Borough and the electric provider. Such streetlights shall be of sturdy construction, decorative design, be dark in color (such as black, dark gray or dark green), and have a maximum total height of 25 feet.
E. 
Allowed uses.
(1) 
The following uses shall be allowed within an approved traditional neighborhood development, in addition to uses allowed by the underlying zoning district, provided that all the uses are consistent with the overall master plan:
(a) 
Single-family detached dwellings.
(b) 
Twin dwellings, side by side, with each dwelling on its own fee-simple or condominium lot.
(c) 
Townhouses, with each dwelling on its own fee-simple or condominium lot.
(d) 
Places of worship.*
(e) 
Public transit passenger shelters.
(f) 
Libraries* and museums.*
(g) 
Child or adult day-care as a principal use* meeting § 380-34 or as an accessory use meeting § 380-35.
(h) 
Nursing home* or assisted-living/personal-care center,* which shall not exceed 20% of the total tract area of the development.
(i) 
Offices.*
(j) 
Meeting facility for a membership club.*
(k) 
Retail store*, art gallery*, financial institution* or personal service use,* with each establishment limited to a maximum floor area of 5,000 square feet and with drive-through facilities being prohibited in all cases.
(l) 
Exercise club* or bed-and-breakfast inn with a maximum of 20 guest rooms.*
(m) 
For each approved nonresidential principal use, there may be one apartment dwelling unit in the same building. Such apartment dwelling units may be in addition to the maximum number of dwelling units otherwise allowed.
*
NOTE: These uses shall only be permitted adjacent to a central commons within a traditional neighborhood development. Uses adjacent to the central commons shall have their main pedestrian entrance facing the central commons. No outdoor storage shall be permitted.
F. 
Common open space.
(1) 
A minimum of 30% of the total lot area of the tract shall be permanently preserved as common open space. The common open space shall meet the definition of "open space, common" in § 380-21. This requirement shall be in place of any recreation land or fee requirements in Chapter 325, Subdivision and Land Development. A landscaping plan for the common open space shall be prepared by a registered landscape architect.
(2) 
If a traditional neighborhood development involves 30 or more dwelling units, then some or all of the required common open space shall be provided within at least one central commons.
(a) 
Any required central commons shall have a minimum lot area of 0.5 acre. The majority of the central commons shall be planted so as to eventually result in a canopy of deciduous trees over areas of the commons that are not planned for active recreation.
(b) 
Any required central commons shall have a minimum width and minimum length of 60 feet.
(c) 
The central commons shall include benches of durable construction and pathways. Pathways should include decorative materials, such as brick, paving block or patterned concrete.
(3) 
Stormwater detention basins and drainage channels shall not be used to meet the minimum common open space requirements, except for areas that the applicant proves to the satisfaction of the Borough Council would be able to be attractively maintained and be reasonably dry and usable for recreation during storms less severe than a five-year storm.
G. 
Dimensional requirements. See bonuses permitted under Subsection G(9) below.
(1) 
Single family detached dwellings:**
(a) 
Minimum lot area: 6,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 40 feet.
(2) 
Twin dwelling unit:**
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 30 feet.
(3) 
Townhouse dwelling unit:**
(a) 
Minimum lot area: 2,500 square feet.
(b) 
Minimum dwelling unit width at the front of the enclosed dwelling unit: 22 feet.
(4) 
Principal nonresidential use (a lot may include more than one allowed nonresidential use):
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 70 feet.
(5) 
Maximum coverage for all uses,** per lot:
(a) 
Maximum building coverage: 55%.
(b) 
Maximum impervious coverage: 70%.
(6) 
Building setbacks for principal buildings** (along a street, minimum yards shall be measured from the proposed right-of-way):
(a) 
Front or side yard from a local street: minimum 10 feet; maximum 25 feet.
(b) 
Front yard or side yard from a collector street: minimum 10 feet; maximum 30 feet.
(c) 
Any yard from an arterial street: minimum 50 feet.
(d) 
The minimum setback shall apply to the front of an unenclosed front porch. The maximum setback shall apply to the front of the actual enclosed principal building.
(e) 
Side yards: minimum five feet each. Each twin dwelling unit shall have one side yard, while a side yard shall be required for each end townhouse unit. For a detached building, it is encouraged to make one side yard wider than the other to allow wider use by the residents of the larger side yard and/or to provide for a side driveway to rear parking.
(f) 
Rear yards: minimum 35 feet. However, if shown as part of the approved subdivision plan creating the lot, then attached garages may have a rear yard of 15 feet.
(g) 
See exceptions for setbacks in § 380-57.
(h) 
For accessory structures: the provisions of the underlying district.
(i) 
Principal buildings fronting on the same block shall line up to form a consistent setback.
**
NOTE: In place of individual fee-simple lots meeting these dimensional requirements, an applicant may choose to utilize a condominium form of ownership. In such case, the lots shall be laid out so that the dimensional and coverage requirements would be met. However, the actual lot lines do not need to be legally established.
(7) 
Parking setback. No parking area of five or more spaces shall be located within 30 feet from a contiguous lot line of an existing dwelling on another lot.
(8) 
Maximum overall density. The maximum overall density of the traditional neighborhood development shall be determined as follows, as calculated in acres (and decimals):
(a) 
Start with the total land area of the development tract, after deleting existing rights-of-way of existing streets.
(b) 
Delete land area within lots of nonresidential principal uses from Subsection G(8)(a).
(c) 
Delete 50% of the area of lands with a slope over 15% from Subsection G(8)(b).
(d) 
Delete 50% of the area of lands within the one-hundred-year floodplain from Subsection G(8)(c).
(e) 
Multiply the resulting acreage by four dwelling units per acre to result in the maximum number of permitted dwelling units within the development. See bonuses in Subsection G(9) below.
NOTE: This method of calculating density does not require the deletion of stormwater detention basins, shared parking areas, new streets, new common recreation areas, new alleys or similar features. Therefore, the actual density that could be achieved on a net piece of land would be higher than four dwelling units per acre.
(9) 
Density bonuses.
(a) 
As an option to the applicant, the Borough Council, as part of the conditional use approval, may approve the following increases in the maximum density provided in Subsection G(8) above.
[1] 
The maximum density may be increased by a maximum of one additional dwelling unit per acre if the applicant establishes legally enforceable provisions controlling the styles of architecture, rooflines and the exterior materials in such a manner as to replicate the best features of pre-1946 architecture.
[a] 
Such provisions shall be prepared by a registered architect and be provided to the Borough in writing.
[b] 
Such provisions shall not be designed to require excessive uniformity in design nor to restrict home purchasers to a single design but instead to encourage high-quality design with a consistent character.
[2] 
The maximum density may be increased by a maximum of one additional dwelling unit per acre if the applicant commits to provide a minimum of 50% of the total tract area in common open space and/or to construct substantial recreation improvements and landscaping beyond the amounts of landscaping and improvements that would otherwise be required. The market value of the additional recreational improvements and/or landscaping shall exceed a minimum of $4,000 per each additional dwelling unit that is allowed.
[3] 
If the bonuses described in Subsection G(9)(a)[1] and [2] are both approved in full, then the maximum density described in Subsection G(8) above may be increased from four to six dwelling units per acre, and the following reductions in minimum lot areas shall be permitted:
[a] 
From 6,000 to 4,800 square feet for each single-family detached dwelling.
[b] 
From 5,000 to 4,000 square feet for each twin dwelling unit.
[c] 
From 2,500 to 2,000 square feet for each townhouse dwelling unit.
(10) 
Maximum building height: 40 feet or three stories, whichever is more restrictive. See exceptions in § 380-56 and definition in § 380-21.
H. 
Landscaping and street trees. See § 380-58. A grass strip with a minimum width of five feet shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Borough. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping. A minimum of one deciduous street tree shall be required for an average of each 50 feet of street frontage. The site design of a traditional neighborhood development shall carefully consider and maximize the preservation of existing healthy attractive trees with a trunk width of six inches or more at a height of 3.5 feet above the ground level.
I. 
Parking incentive. An applicant may meet a maximum of 50% of the off-street parking space requirements for each dwelling unit by counting on-street spaces parallel to the curb along a local street or along an alley. This provision shall be permitted only:
(1) 
For spaces along the same side of a street along curb that is directly contiguous to the set of lots being served, or a new alley within a traditional neighborhood development, and provided that the spaces are within 200 feet of each dwelling they serve; and
(2) 
If the applicant proves to the satisfaction of the Borough Council that the street or alley would be sufficiently wide to allow the parking and that there are no unusual safety hazards involved, compared to typical on-street parking at other locations; and
(3) 
If the applicant proves that such number of parking spaces could be legally accommodated along the street, considering the locations of driveways, fire hydrants and street corners.
J. 
Design controls. The applicant shall submit a written statement of the proposed substance of deed restrictions or similar controls that would affect matters addressed in this chapter.
K. 
Association provisions. If applicable, a draft set of homeowners' association or condominium association provisions shall be submitted for legal acceptance by the Borough Solicitor prior to recording of the final subdivision plan.
L. 
Street standards. As authorized by the traditional neighborhood provisions of the State Municipalities Planning Code, the Borough Council shall have the authority to modify specific street requirements of Chapter 325, Subdivision and Land Development, to result in a development that is pedestrian-oriented and that promotes low-speed traffic.
(1) 
For example, the Borough Council may approve reduced street cartway widths, street right-of-way widths and street curve radii.
(2) 
The applicant shall submit a request for modifications in writing, which shall state the reasons why the modification would be consistent with the purposes for a traditional neighborhood development as stated in this chapter and the State Municipalities Planning Code and would be in the public interest while protecting public safety.
M. 
Access controls. As part of the conditional use process, the applicant shall prove that the development involves a fully coordinated interior traffic access system that minimizes the number of streets and driveways entering onto a state highway.
[Amended 5-22-2012 by Ord. No. 2012-7]
A. 
Purposes. In addition to serving the overall purposes of this chapter, this Historic Preservation Overlay District is intended:
(1) 
To promote the retention of community character through preservation of the local heritage by recognition and protection of historic, cultural and architectural resources;
(2) 
To establish a clear process by which proposed changes affecting properties of architectural significance and/or historic structures are reviewed;
(3) 
To mitigate the negative effects of proposed changes affecting historic properties;
(4) 
To encourage the continued use of historic properties and facilitate their appropriate rehabilitation and adaptive reuse;
(5) 
To encourage the preservation of historic streetscapes;
(6) 
To discourage the demolition of historic resources;
(7) 
To utilize historic preservation as a tool for economic revitalization, to promote the general welfare, education, and culture of the Borough; and
(8) 
To implement the following sections of the Pennsylvania Municipalities Planning Code: Section 603(g)(2), which states that "zoning ordinances shall provide for protection of natural and historic features and resources;" Section 604(1), which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: . . . preservation of the natural, scenic and historic values. . .;" and Section 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.
B. 
Applicability.
(1) 
Boundaries. The Historic Preservation Overlay District shall be an overlay district that overlaps and supplements underlying zoning districts. The Historic Preservation Overlay District shall include each lot containing an historic resource as shown on the Historic Preservation Overlay District Map.[1] To aid in interpretation, an Historic Resource List has also been prepared, which is available for review at Borough Hall.
(a) 
All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this section. In the event of a conflict between the provisions of the Historic Preservation Overlay District and the underlying zoning district, the provision that is most restrictive shall apply.
(b) 
Should the boundaries of the Historic Preservation Overlay District be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.
[1]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
(2) 
Covenants and easements. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
(3) 
Historic Commission. The establishment, organization, functions and duties, and operating procedures of the Historic Commission are set forth in the Code of the Borough of Millersville, Chapter 49, Historic Commission. The Historic Commission review process is set forth in § 380-30E(6).
C. 
Historic Preservation Overlay District Map.[2]
(1) 
Identification.
(a) 
The Millersville Borough Historic Preservation Overlay District Map, adopted as part of this chapter, shows all lots within the Borough that contain a building:
[1] 
Listed in the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District;
[2] 
Eligible to be listed in the National Register of Historic Places, individually or as a contributing building in a National Register Historic District; or
[3] 
Identified as having local historical and/or architectural significance.
(b) 
All lots containing historic resources shall be shown on the Official Historic Preservation Overlay District Map. Such Map shall be maintained at the Borough office.[3]
[3]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
(c) 
Buildings shall be identified on the Historic Preservation Overlay District Map as follows:
[1] 
Class I: denotes historic and/or architecturally significant resources built prior to 1943 listed in the National Register of Historic Places, or determined eligible to be listed individually in the National Register of Historic Places.
[2] 
Class II: denotes historic resources built prior to 1943 that contribute to a Class I structure within a National Register Historic District or determined eligible to be a National Register Historic District or that have local historic and/or architectural significance. Properties must contribute to an historic neighborhood.
[3] 
Exceptions: Buildings constructed after December 31, 1942, may be included in Class I or Class II and included on the Historic Preservation Overlay District Map[4] if requested by the property owner and presented, with appropriate information for consideration, before the Historic Commission and, upon the Historic Commission's recommendation for acceptance, is presented to the Millersville Borough Council for final approval.
[4]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
(2) 
Compliance. A change to any Class I or Class II building shall occur only when in compliance with the terms of this section and other applicable regulations.
(3) 
Revisions. The Historic Preservation Overlay District Map may be revised from time to time by amendment of this chapter by the Borough Council in accordance with the requirements of the MPC.[5]
(a) 
Revisions are defined as additions, deletions, or changes of classifications. Revisions do not include routine updating of base map information.
[5]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
[2]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
D. 
Demolition of buildings on historic properties.
(1) 
General requirements. A Class I or Class II building shall not be demolished, removed or otherwise relocated unless a special exception approval has been granted under this § 380-30.
(2) 
Application procedures. An applicant for a special exception to demolish a Class I or Class II building shall submit the required application fee and the required number of copies of the special exception application to the Zoning Officer, who shall forward a copy of the application to the Historic Commission for its review and comment. In addition to the requirements in § 380-4D of this chapter, the application shall include the following:
(a) 
Classification of the building for which the permit is being sought on the Historic Preservation Overlay District Map (i.e., Class I or Class II).[6]
[6]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
(b) 
A report from a structural engineer describing the structural condition of the building proposed to be demolished, removed or relocated.
(c) 
A report from the Code Enforcement Officer indicating the building's compliance with the Property Maintenance Code.[7]
[7]
Editor's Note: See Ch. 150, Code Enforcement, Art. I, Property Maintenance.
(d) 
Documentation of any effort to sell the property, when applicable.
(e) 
Recent interior and exterior 35 mm photographs of the building proposed for demolition, removal or relocation.
(f) 
Proposed disposition of salvageable material.
(g) 
Time line for implementation of the proposed use for the property.
(h) 
Ownership history of the property.
(i) 
Assessed value of the land and improvements thereon.
(j) 
Certified property appraisal.
(3) 
The applicant shall provide evidence that:
(a) 
There is no feasibility to continue the current use.
(b) 
Other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building proposed to be demolished, removed or relocated from the property.
(c) 
Adaptive use opportunities do not exist due to constraints related to the building proposed to be demolished, removed or relocated or the lot on which it is located.
(d) 
The proposed new building, structure or use of the property will not adversely affect the historic character or architectural integrity of the neighboring historic properties, the neighborhood, or the community.
(e) 
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(4) 
A permit for the proposed demolition, removal or relocation of any Class I or Class II building shall not be issued prior to, and where applicable:
(a) 
The recording of an approved subdivision or land development plan for the property where the demolition, removal or relocation is proposed; and
(b) 
Issuance of any necessary zoning approvals.
E. 
Alterations, additions, reconstruction and rehabilitation.
(1) 
General requirements.
(a) 
No permits for alterations, additions, reconstruction or rehabilitation, visible from a public street, involving Class I or Class II buildings shall be issued by the Zoning Officer prior to review and recommendations by the Historic Commission.
(b) 
Definitions. The definition of terms not specifically defined in this section or this chapter shall be the definition contained in the International Building Code or its successor.
ALTERATION
As applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height or depth; or the moving from one location or position to another.
ARCHITECTURAL FEATURE OF SIGNIFICANCE
Those features of a building which denote a period of time, a cultural identity, or an architectural style.
CONTRIBUTE TO
A resource identified as "contribute to" or "contributing to" an existing or eligible National Register Historic District offers features that may have been contemporary in time or compatible in style or existing in the still existing streetscape of a pre-1943 neighborhood. Typically an historic resource adjoins other Class I or Class II properties.
(2) 
No review shall be required for repairs or maintenance of any building, structure or grounds, provided that such repairs do not remove or alter architectural features of significance, nor change the use or otherwise violate the provisions of this section.
(3) 
Standards for alterations, additions, reconstruction and rehabilitation. Any proposed alteration, addition, reconstruction or rehabilitation of an historic property shall be in substantial compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, published by the United States Department of the Interior, National Park Service. These 10 standards are reprinted in their entirety below:
(a) 
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
(b) 
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
(c) 
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
(d) 
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(e) 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
(f) 
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
(g) 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(h) 
Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(i) 
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(j) 
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(4) 
Application procedures.
(a) 
Applications for any proposed alteration, addition, reconstruction or rehabilitation of a Class I or Class II building shall comply with the provisions in this section in addition to the provisions found in § 380-4, Permits and certificates. The completed application shall be submitted to the Zoning Officer and shall include:
[1] 
A written description of the proposed alteration, addition, reconstruction or rehabilitation; and, where applicable:
[2] 
A site plan at a scale designated by the Zoning Officer;
[3] 
Schematic architectural drawings of the proposed construction or alterations;
[4] 
Materials list and disposition of existing materials.
(5) 
Administrative review. Permits for the activities listed below may be issued by the Zoning Officer without review by the Historic Commission.
(a) 
In-kind replacements.
(b) 
Replacement of slate roofs with slate look-alike products. The color selected should be one that most closely matches the slate to be replaced.
(c) 
Pointing or repointing of masonry. The applicant shall be given informational materials.
(6) 
Historic Commission review.
(a) 
Completed applications for demolition of buildings or applications for alterations, additions, reconstruction and rehabilitation of Class I or Class II buildings must be received at least seven business days before the next regularly scheduled meeting of the Historic Commission in order to be placed on the agenda for review at that meeting. Incomplete applications shall not be accepted.
(b) 
Applicant notification. At the time the completed application is submitted, the applicant will be notified of the date, time and place at which the Historic Commission will review the application. The applicant or his or her appointed representative is required to attend to explain the application and satisfy any questions asked by the Historic Commission.
(c) 
Criteria for deliberation. The Historic Commission shall use the Secretary of the Interior's Standards for Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, hereinafter referred to as "Standards," and which appear in § 380-30E(3). Any proposed work requiring a permit shall be in substantial compliance with the Standards.
(d) 
Criteria for demolition of Class I or Class II buildings deliberation. The Historic Commission shall use the application requirements which appear in § 380-30D. These requirements must be addressed by the applicant in a written report submitted to the Historic Commission.
(e) 
Within five business days of the meeting, the Historic Commission shall submit its written recommendation to the Zoning Officer to:
[1] 
Approve the permit;
[2] 
Deny the permit; or
[3] 
Approve the permit subject to specified changes and/or conditions to bring the proposed activity into compliance.
(f) 
The Historic Commission's recommendations shall be in writing and shall include findings of fact related to the specific proposal and shall set forth the reasons for the recommendation for approval, with or without conditions, or for denial.
(g) 
The Zoning Officer shall review the recommendations of the Historic Commission and shall take action upon the permit application in accordance with the provisions of this chapter and the Municipalities Planning Code[8] and within the time limits of this chapter and applicable statutes.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Modification to area and bulk regulations. The subdivision of a lot designated on the Historic Preservation Overlay District Map[9] shall be accomplished in such a manner that the resulting lot(s) are of adequate size and configuration to preserve the integrity of the setting of the resource.
[9]
Editor's Note: The Historic Preservation Overlay District Map is located at the end of this chapter.
[Added 5-24-2016 by Ord. No. 2016-03]
A. 
Purposes. The Downtown District provides an option to developers that is intended to:
(1) 
Encourage new traditional mixed-use downtown development to occur at the Manor-Leaman crossroads area that is consistent with historic small town development patterns and provides a scale and mix of uses appropriate for Millersville Borough;
(2) 
Promote market-driven, mixed land uses compatible with the adjacent residential neighborhoods, as well as the nonresidential uses along the Manor Avenue gateway;
(3) 
Provide for efficient pedestrian, bicycle and vehicular circulation, with an emphasis on avoiding automobile-centric sprawling commercial development; and
(4) 
Break down the rigid use categories of traditional Euclidean zoning to build places of enduring value that allow a variety of market-driven housing types, a variety of uses and services, and a variety of transportation options.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:[1]
BOUTIQUE HOTEL
A hotel containing fewer than 50 guest rooms and designed and constructed to be consistent with the building and form standards of this section.
BUILD-TO-LINE
A line parallel to the street right-of-way which defines the portion of the build-to-zone closest to a street.
BUILD-TO-ZONE
The portion of a lot where all or part of the front building facade is required to be located between the build-to-line and a line parallel to the build-to-line within the lot.
DOWNTOWN DISTRICT DEVELOPMENT
A development of land that conforms to § 380-30.1 and is located within the DD Downtown District Overlay Zone.
FRONTAGE OCCUPANCY
The percentage of the site frontage that must be occupied by a building facade for a specified minimum height and built within the build-to-zone.
FRONTAGE, PRIMARY
Frontage facing the street type with the highest designation.
FRONTAGE, PRIVATE
The area within a site between the build-to-line and a line parallel to it that is 20 feet behind the build-to-line. Private frontage may be in private or public ownership depending upon the ownership of the site on which it is located, but it is not located within the public right-of-way.
FRONTAGE, PUBLIC
The area located between the face of curb and the build-to-line as defined by the Zoning Standards Map and corresponding street type or civic space designations.
FRONTAGE, SITE
The total length of a site fronting on one or more streets, measured in linear feet at the build-to-line.
FRONTAGE, TRANSITION ZONE
The portion of the public frontage between the build-to-line and the pedestrian clearway, allowing for building fixtures (e.g., lighting, signage, projected architectural moldings), movable planters, and signage boards.
LANDSCAPE AND FURNISHING ZONE
The area of sidewalk where placement of street furniture and landscaping is allowed.
LIGHTWELL
A private frontage type that has a below-grade entrance or recess designed to allow light into basements.
LINER BUILDING
A building designed to screen a parking lot or parking structure from a build-to-zone, street or civic space.
LIVE-WORK
A building which includes a combination of dwelling units and retail and/or artisan production facilities in excess of what is allowed as a home-based business.
MIXED-USE
A building or site designed for and containing more than one of the uses listed on the use table.
PARAPET LINE
A continuous horizontal projection for most of a facade. The parapet, like the eave line, can be a designated location for measure of building height.
PARKING STRUCTURE
A building containing one or more stories of parking above grade.
PEDESTRIAN CLEARWAY
An area within the sidewalk that must remain clear of obstructions to allow public passage. (See frontage type specifications for required width.)
PEDESTRIANWAY
An outdoor pedestrian walkway providing common access between buildings, streets, civic spaces and parking areas, which may be open or roofed.
PUBLIC CIVIC SPACE
An area of common open space as defined further in § 380-21, accessible by the public, immediately adjacent to and contiguous with a public frontage in the form of a square, green, plaza or pocket park, which may include land within 20 feet of a building, provided that these areas offer hardscape surfaces, sitting areas, or dining areas designed for regular use.
PRIVATE OPEN SPACE
An area of common open space, as defined further in § 380-21, accessible by the public.
PRINCIPAL BUILDING
The primary and largest building on a lot, usually located toward the primary frontage.
PRINCIPAL ENTRANCE
The main point of access for pedestrians into a building.
PRIVATE FRONTAGE
See "frontage, private."
STOREFRONT
A private frontage type primarily for retail use, with substantial glazing, wherein the facade is aligned close to the front lot line with the building entrance at sidewalk grade.
STORY
That portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. An intermediate floor between the floor and ceiling of any story, and covering less than 1/3 of the floor area immediately below the intermediate floor shall be considered a mezzanine, which shall not be counted as a story.
STREET, PUBLIC
The public right-of-way, encompassing the traveled way and the public frontage on either side of the traveled way, bounded by build-to-lines or lot lines on both sides of the public right-of-way.
STREET, PRIVATE
A traveled public way and the public frontage on either side of the traveled way, bounded by build-to-lines or lot lines on both sides, but not dedicated to the municipality, and privately maintained by the property owner.
STREET WALL
The wall of a building and the series of building walls aligned along a sidewalk at a specified minimum height, facing a street to form an uninterrupted pedestrian experience of street enclosure and walkability. Fences, walls and hedges can be counted as street walls for up to 20% of the required minimum frontage.
TRAVELED WAY
The portion of a street between the curbs and available for use by vehicles, bicycles and other forms of transportation.
[1]
Editor's Note: For illustrations of certain defined terms, see the end of this Subsection B.
C. 
Overlay District. The Downtown District shall be an overlay zoning district to the existing zoning districts. An alternative set of dimensional, use, and regulatory standards shall apply to Downtown District developments providing design, site layout, and general performance standards for new development that allows better market flexibility. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 380-30.1 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the Downtown District provisions, procedures and requirements. Where there may be a direct conflict between two different ordinance provisions, then the more restrictive requirement upon development and uses shall apply.
D. 
Downtown District development.
(1) 
Sketch plan required. The applicant for a Downtown District development under this section shall submit a sketch plan for the project prior to formal land development plan submission. Such sketch plan shall include all land owned, equitably owned or otherwise controlled by the applicant and all improvements proposed, whether initially or as phased.
(2) 
If an existing Downtown District development exists adjacent to the subject parcel or is proposed or has been approved on an adjacent tract or across a public way, then the sketch plan shall be coordinated with that adjacent land use plan, whether existing or proposed.
(3) 
The sketch plan shall show proposed streets, alleys, cartway widths, lots, common open spaces, pedestrian and bicycle pathways, parking areas, stromwater management facilities, and proposed types of housing and nonresidential uses, and it shall be consistent with the regulating plan. The sketch plan is not required, for the purposes of these zoning district regulations, to meet the minimum submission requirements for a preliminary or final subdivision/land development plan.
(4) 
An applicant may not submit a preliminary subdivision or land development plan until the sketch plan has been reviewed by the Planning Commission and Borough Council, and written comments, if any, are received from these bodies. The preliminary land development plan may be submitted 30 calendar days after the meeting of the Borough Council whereby the sketch plan of the Downtown District development was on the agenda for discussion.
(5) 
All other requirements of this chapter and other Borough ordinances shall apply within the Downtown District, except for provisions that are specifically modified by this § 380-30.1.
E. 
Regulating plan. The regulating plan (Appendix R) defines the important subareas within the overlay district and specifies performance and dimensional standards relating to building form and use to achieve the purposes of this chapter. The regulating plan adopted herewith shall have the same force and effect as the overall Millersville Zoning Map as it applies to overlay district areas. The regulating plan creates the following subareas with specific standards relating to buildings and improvements in these subzones:
(1) 
Crossroads Area: A.
(2) 
Downtown Area: B.
(3) 
Manor Avenue Frontage: C.
(4) 
Residential Transition Area: D.
(5) 
Rural Edge Area: E.
F. 
Boundaries of regulating plan areas. To enable flexibility and good site design, buildings constructed as part of a Downtown District development may be built across the boundaries of the regulating plan areas, provided that they comply with the design, dimensional and form standards of the area where that portion of the building is located.
G. 
Overall requirements. Land development approval shall be granted for a form-based development only if the applicant proves that the following minimum requirements will be met, in addition to other applicable Borough requirements.
(1) 
Street standards. In accordance with the Municipalities Planning Code, Borough Council shall have the authority to grant waivers for street requirements of the subdivision and land development, such as reduced street cartway widths, street right-of-way widths and street curve radii, when properly justified by the applicant and to result in a development that is pedestrian-oriented and that promotes low-speed traffic. Street standards provisions of this Zoning chapter may be modified by special exception granted by the Zoning Hearing Board.
(2) 
Access controls. As part of the land development process, the applicant shall prove that the development involves a fully coordinated interior traffic access system that minimizes the number of streets and driveways entering onto a state or Borough-owned road.
(3) 
General development standards.
(a) 
General principles and intent.
[1] 
The regulating plan should be used to guide the placement of buildings and thoroughfares to create connected networks of streets, sidewalks, civic spaces and pedestrianways.
[2] 
The regulating plan zone areas establish a transect of community patterns designed to respect and guide the building forms and the landscape character of this district, from the rural landscapes on the edge of the Borough to Victorian single-family homes along Manor Avenue to the downtown crossroads at the intersection of Manor Avenue and Leaman Avenue.
[3] 
Buildings and landscaping should be designed to create a sense of enclosure for both streets and civic spaces as places for pedestrian experiences at the human scale.
[4] 
Building frontages should be designed with the pedestrian in mind to integrate traveled ways, on-street parking, a landscaped and furnishing zone, a pedestrian clearway and a transition zone to meet active building frontages that typically include signage, seating areas, and storefronts.
[5] 
Development should be designed to accommodate automobiles while respecting the pedestrian and spatial form of civic places.
(b) 
Minimum standards.
[1] 
Build-to-lines and build-to-zones. The regulating plan establishes build-to-lines and build-to-zones to establish a continuous street wall consistent with the desired settlement pattern for this downtown mixed-use and commercial area.
[2] 
All new buildings located with Zones A, C and D shall place the front building wall within the build-to-zone, but no closer to the street than the build-to-line, except where a public civic space is designated to permit a greater setback along a portion of the frontage.
(c) 
Minimum building occupancy frontages.
[1] 
All buildings located within the private frontage area of a lot on Manor Avenue shall occupy no less than 60% of the site frontage on Manor Avenue with buildings, unless an approved public civic space is designated on that frontage.
(d) 
Private open spaces.
[1] 
A minimum of 20% of the total lot area of the development tract shall be permanently preserved as common open space in the form of public squares, pocket parks, civic greens, commons or town squares. The common open space shall meet the definition of "open space, common" in § 380-21. This requirement shall be in place of any recreation land or fee requirements in Chapter 325, Subdivision and Land Development. Stormwater detention basins and drainage channels shall not be used to meet the minimum common open space requirements. The civic greens and square shall include landscaping, benches and pathways. Pathways should include decorative paving materials such as brick, stone, paving block or patterned concrete.
(e) 
Public civic spaces.
[1] 
Where a development provides public civic spaces fronting on Manor Avenue, the twenty-percent common open space requirement may be fulfilled by providing public civic spaces in the form of squares, greens and pocket parks at a ratio of two square feet of public civic space in exchange for every one square foot of private open space provided. Under no circumstance can the minimum frontage occupancy fall below 40% on Manor Avenue, nor may the public civic space be greater than a proportion of 3:1 to receive this open space incentive.
[2] 
Shown below are examples of Public Civic Spaces adjacent to the Manor Avenue Public Frontage. Examples include:
(f) 
Streetscape design standards.
[1] 
Sidewalks. There are three potential zones within the area broadly defined as public sidewalk. These are the edge, throughway, and build-to-zones. In all cases, sidewalks shall be designed to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Public Rights-of-Way Accessibility Guidelines (PROWAG).
[a] 
The edge zone is adjacent to the curb and includes typical street elements, such as traffic control devices and signs, parking meters, streetlights, and often a curb lawn or verge which is a landscape or turf strip between the curb and throughway. In many locations, street trees are to be placed in the continuous verge strip, or tree pits can be provided if the edge zone is paved. This area can also provide an additional furnishing zone where street amenities, such as benches, trash cans, clocks and other improvements, can be located.
[b] 
The throughway is the clear uninterrupted pedestrian passage across the frontage. It typically has a minimum width of five feet, although often is as wide as 10 feet or more.
[c] 
The build-to-zone is occupied by building facades along a minimum specified percentage of the street frontage as required elsewhere in this section. Where there are voids due to horizontal modulation in the footprint of a front building wall, pedestrian spaces and wider sidewalks are possible, including areas for sidewalk dining and retail merchandise display. Benches and seating can also be located in this zone.
[2] 
Street furniture. Public amenities such as ornamental benches, trash cans, clocks and bollards, when located in and adjacent to the public sidewalks, improve pedestrian comfort, convenience and safety. Developments constructed under this section shall provide one linear foot of public seating bench, located along the public frontages, for every 2,000 square feet of residential or nonresidential gross square footage.
[3] 
Landscaping. The landscaping provisions of § 380-58 shall apply to all Downtown District developments. Projects should incorporate a combination of trees, shrubs, and groundcovers into landscaping plans with emphasis on use of native and indigenous plants. Landscaping should complement the overall design theme through the careful use of flower and leaf color and texture, plant forms and plant masses. Landscaping in selected commercial areas can be accented with lighting features that convey a sense of security and enhance aesthetics. Trees and shrubs should be located and spaced to allow for mature and long-term growth, and they should be selected to minimize root conflicts with adjacent paved areas. Street trees shall be planted at appropriate intervals, but no less than 40 feet apart. Plant materials specified for the pedestrian realm and the public open space areas are subject to Borough approval. Walkways should be provided along the predominant paths of likely travel through landscaped areas to protect plants from foot traffic and soil compaction.
(g) 
Lighting. The elements of the streetscape that need specific types of lighting are: vehicular, sidewalk and parking. As part of the land development plan submission, a detailed photometric study shall be performed to confirm even and consistent minimum lighting levels without hot spots or dark areas, and to determine the appropriate height, wattage, and spacing of each light within a streetscape project.
[1] 
Vehicular. On average, public streets should be illuminated to about 2.5 footcandles minimum and four footcandles maximum. This increases to about five footcandles minimum and seven footcandles maximum at intersections. Cut-off and semi-cut-off fixtures shall be employed to reduce glare and unwanted spillover onto nearby properties. Fixtures shall be LED-type, provided that those dedicated to the Borough as a public improvement shall be of the type, style and wattage specified by the municipality.
[2] 
Pedestrian. Sidewalks should be illuminated to about 1.5 footcandles average, and three footcandles maximum. The height of pedestrian lighting is essential for perceived safety as the illumination of the faces of other pedestrians has been shown in studies to be an important factor in security design. Therefore the height, spacing and fixture types are important to a successful sidewalk illumination design. Generally, pedestrian area fixtures should be no taller than 12 feet, be of lower wattage, and be spaced no farther than 50 feet to 100 feet horizontally. The luminaires should broadcast a consistent flood pattern along the walking routes.
[3] 
Parking. Off-street parking lots should be illuminated to approximately one footcandle to two footcandles average. Light pole height should be a maximum of 16 feet and designed with cut-off type fixtures to reduce unwanted glare, light pollution, and skyglow.
[4] 
The Zoning Hearing Board may grant by special exception modifications to any of the lighting levels outlined above to facilitate good design and appropriate lighting for specific site conditions.
(h) 
Bicycle standards:
[1] 
Design.
[a] 
Bike lane and bikeways shall be designed according to the AASHTO Guide for the Development of Bicycle Facilities, 4th Edition.
[b] 
All inlets and manholes shall be flush with surface. Bike safe grates shall be used for all new storm inlets.
[2] 
Bicycle parking. Provide bicycle parking and storage capacity according to the following:
[a] 
Multi-unit residential: Provide at least 0.5 bicycle covered storage space per unit. Provide secure visitor bicycle racks on-site, with at least one bicycle space per 10 dwelling units, but no fewer than four spaces per project site.
[b] 
Retail: Provide at least one secure, covered bicycle storage space for 10% of retail workers planned occupancy. Provide visitor/customer bicycle racks on-site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site. Provide at least one on-site shower with changing facility for any single business or leasehold with 100 or more planned workers.
[c] 
Nonresidential other than retail: Provide at least one secure, covered bicycle storage space for 10% of planned occupancy. Provide visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial nonretail space, but not fewer than four bicycle spaces per building.
(i) 
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations. These buffer yard standards shall supersede the buffer planting requirements of Chapter 325, Subdivision and Land Development.
[1] 
Buffer yard width, when required shall have a minimum width of six feet.
[2] 
Buffer yard to be provided by the following:
[a] 
When the use providing the screening and buffer is:
[i] 
Abutting an occupied existing primarily residential use, regardless of whether the dwelling is within a residential district;
[ii] 
An area of four or more new off-street parking spaces;
[iii] 
Outdoor storage or loading area; or
[iv] 
Area routinely used for the overnight parking of two or more commercial trucks.
[3] 
Location of buffer yards.
[a] 
The buffer yard shall be measured from the overlay district boundary line, Downtown District development lot line, or street right-of-way line, whichever is applicable.
[b] 
Plants needed for the visual screen shall not be placed within an existing street right-of-way. However, deciduous trees may be permitted by the Borough to be placed within a street right-of-way.
[c] 
The buffer yard may include areas within a required front, side or rear yard or setback area, provided that the larger yard requirement shall apply in case of overlap.
[d] 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
[4] 
Fence. Any fence in a buffer yard shall be placed on the inside of any required plant screening.
[5] 
Plant screen.
[a] 
Each buffer yard shall include a planting screen of trees or shrubs extending the length of the lot line.
[b] 
Each planting screen shall meet the following requirements:
[i] 
Plant materials needed to form the visual screen shall have a minimum height when planted of three feet. An initial height of two feet may be used where a parking area is intended to be visible from a street for security purposes. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of 2.5 inches measured six inches above the ground level, shall be placed for each 60 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly. Where street trees are approved and provided in the right-of-way, or healthy existing trees will be preserved, those trees may serve in place of this shade tree requirement.
[ii] 
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a mostly solid year-round visual screen. However, where appropriate to provide security and oversight of a parking area from a street, species of plants shall be used that have a shorter mature height, and such plants should be trimmed to a maximum height of three to four feet.
[iii] 
The plant screen shall be placed so that, at maturity, the plants will not obstruct a street or sidewalk.
[iv] 
The plant visual screen shall be interrupted only at approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot, at locations necessary to comply with safe sight distance requirements, and at locations needed to meet other specific state, Borough and utility requirements.
[v] 
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.
[vi] 
Where space allows, evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
[c] 
Buffer yard plans. See § 380-58E and F.
[d] 
Modifications.
[i] 
The Zoning Hearing Board may authorize by special exception a reduced buffer width where an attractive mostly solid wall or fence will be provided in addition to landscaping and where the applicant proves the reduced width will still provide a sufficient buffer.
[6] 
Architectural standards. The buildings in the Downtown District development shall relate to the context and fabric of existing places in Millersville Borough and typically found within the older downtown building types in Pennsylvania boroughs. The size, mix, proportion and form of buildings shall emulate the heritage character of these traditional downtown areas as specified herein. All buildings shall have vertical and horizontal modulation and articulation reflecting the traditional streetscape building spacing and dimensional variations of typical Pennsylvania boroughs, including:
[a] 
Horizontal building modulation. Building facades shall conform to the following standards:
[i] 
The maximum width (as measured horizontally along the building exterior) without building modulation shall be 60 feet.
[ii] 
The minimum depth of modulation shall be the greater of six feet or not less than 0.2 multiplied by the height of the structure (finish grade to top of wall). The minimum width of modulation shall be 15 feet. When the principal use of the building is for the parking of motor vehicles, the depth of such modulation shall be a minimum of 3.5 feet. No modulations shall be required on a wall of a parking facility which does not front on a public street.
[iii] 
Roof decks or balconies may be used as all or part of the building modulation.
[iv] 
The requirements of the horizontal building modulation subsection shall be considered satisfied if existing building facades of existing adjacent structures are preserved and incorporated into the proposed building.
[b] 
Modulated roofline. Roofs are a design element and should relate to the building facade articulations. The roofline of all facades visible from a street or public park, or open space shall be modulated according to the following standards:
[i] 
For permitted flat roofs or facades with a horizontal eave, fascia, or parapet: change roofline so that no unmodulated segment of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall).
[ii] 
For gable, hipped, or shed roofs: a minimum slope of five feet vertical to 12 feet horizontal.
[iii] 
Other roof forms, such as arched, vaulted, dormer, or saw-toothed, may satisfy this design principle if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally).
[c] 
Building articulation shall be accomplished with design elements such as the following, so long as the articulation interval does not exceed 60 feet.
[i] 
Repeating distinctive window patterns at intervals less than the articulation interval.
[ii] 
Providing a balcony or bay window for each articulation interval.
[iii] 
Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.
[iv] 
Changing materials with a change in building plane.
[v] 
Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
[d] 
Vertical articulation. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building's top, middle and bottom. The following techniques are suggested methods of achieving vertical articulation:
[i] 
Top: sloped roofs, strong eave lines, cornice treatments, horizontal trellises, etc.
[ii] 
Middle: windows, balconies, material changes, railings and similar treatments that unify the building design.
[iii] 
Bottom: pedestrian-oriented fronts, pedestrian scale building details, awnings, and arcades.
[iv] 
Where appropriate, the applicant shall coordinate the horizontal elements (i.e., cornices, window lines, arcades, etc.) in a pattern and height to reflect similar elements on neighboring buildings that exhibit the Borough's desired scale and character.
[e] 
Materials. Building exteriors shall be constructed from high-quality, durable materials. Preferred exterior building materials that reflect the Borough's desired traditional downtown street character are as follows:
[i] 
Masonry, including brick and stone.
[ii] 
Cast stone or tile.
[iii] 
Wood or cementicous (Hardiplank or equal) horizontal clapboard or vertical board and batten siding. No vinyl or other artificial siding materials are permitted along street frontages and public ways, but may be permitted by Borough Council on a case-by-case basis on architecturally subordinate facades.
[iv] 
All other materials subject to approval by Borough Council.
[v] 
If concrete or concrete blocks (concrete masonry units) are used for walls that are visible from a street, public park or open space or pedestrian route, then the concrete or concrete block construction must be architecturally treated in one or more of following ways:
[A] 
Use of textured surfaces, such as split face or grooved.
[B] 
Use of other masonry types, such as brick, glass block, or tile, in conjunction with the concrete or concrete blocks.
[C] 
Use of decorative coursing to break up blank wall areas.
[f] 
Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to the following:
[i] 
The height to width ratio of single openings and group openings are to be proportionately scaled to the wall.
[ii] 
Door and window details and trim suitably scaled to the wall.
[iii] 
Reduce large expanses of glass used in windows and doors to smaller component windows reminiscent of traditional main street vernacular when adjacent to existing buildings, sidewalks or other pedestrian use areas.
[iv] 
The total square footage of windows along a facade facing a street shall be a minimum of 15% of the square footage of the facade.
[g] 
Blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.
[h] 
Roofs.
[i] 
Slope. Roof pitches and overhangs shall vary as necessitated by good architectural design and modulation requirements of the previous sections. However, no flat roofs are allowed as major architectural elements visible from a public street. A roof slope of 5/12 or greater is the minimum standard for roofs visible from a public way. Mansard roofs, when constructed in the traditional form with appropriate step back from the exterior building wall line are permitted. The upper roof of a mansard may be flat or low pitch, provided that it is not visible from ground level. Shed roofs, dormers, secondary roof forms, and roofs for porches may have a lower pitch, but in no case will the pitch be lower than 3.75 in 12. Significant roof overhangs are recommended to provide architectural interest, to create shadow lines, and to protect wall and siding from water and sun. Roof overhangs are highly recommended to provide passive energy conservation where possible.
[ii] 
Penetrations. All roof stacks, flashings, vents or protrusions from the roof shall be painted the same color as the roof. Roof stacks and plumbing vents shall be placed on rear slopes of the roofs where possible.
[iii] 
Solar. Photovoltaic and hot water heating panels are permitted and encouraged, provided that on sloped roofs visible from a public way they shall be installed flush on the roof plane and shall not project above the roof surface by more than six inches. On flat roofs not plainly visible from ground level of a public way, solar panels may be mounted on brackets, provided that they are no higher than six feet above the roof surface that they are mounted on.
[iv] 
Materials. Roofs that are visible from ground level shall be architectural dimensional composite shingles, wood shingles or shakes, slate, tile, or prefinished metal standing or box seam. Combinations of roofing are encouraged when appropriate to the desired architectural character. Roofs not visible from a ground level shall be white or light colored roofing material to provide improved energy efficiency.
[i] 
Utility and mechanical equipment.
[i] 
All utility feeds, meters, and vents must be painted to blend with adjacent surfaces. All feeds to meter boxes and exterior meter banks must be located on a rear, side, or other subordinate facade of the building as designated by the Zoning Officer.
[ii] 
All aboveground utilities and mechanical equipment (i.e., transformers, phone and cable boxes, gas meters, electric meters, air-conditioning units, heat pumps, and exterior HVAC equipment and ducting) whether ground- or roof-mounted, shall be screened from all public ways by either an architecturally integrated screen wall, landscape walls, fencing, or dense planted visual buffers of a height equal to or greater than the height of the equipment. Spacing must provide effective visual screening upon installation. Screening must surround the utility structure 360° except when abutting or within five feet of the structure, or to allow access to the structure. All setback requirements of the utility company must be addressed concurrently.
[j] 
Signage. Signs in this district shall be governed by Article VII of Chapter 380.
[k] 
Fences, street walls and garden walls.
[i] 
Design. Fences and walls on privately owned land, but within the build-to-zone, must comply with these requirements.
[A] 
Sight triangle. Any fences within the sight distance triangle of an intersection or driveway must comply with maximum height restrictions and placement.
[B] 
Fences shall be a maximum of 48 inches in height along streets and public ways. Internal fences and garden walls, fences and walls screening mechanical equipment and trash enclosures may be seven feet high maximum and constructed of solid materials.
[C] 
Iron and metal fences: 48 inches in height maximum. A sharp-pointed or spear-headed type of fence with uppermost points or prongs less than 1/2 inch in diameter is not allowed.
[D] 
Wall materials shall be field or cut stone, concrete, stucco on masonry, or pointed clay brick. Walls shall be a maximum of 48 inches in height along streets and public ways. Walls internal to the development site and walls screening mechanical equipment and trash enclosures may be seven feet high maximum.
[E] 
Chain-link, woven-wire, and barbed-wire fences are not permitted.
[F] 
Fences may be located in any appropriate location in the build-to-zone, or behind this zone as dictated by the site design.
[G] 
Pedestals and gates. Blocks or pedestals for fence posts must not project into or above the surface of an adjacent sidewalk. All gates must swing inwardly; and no gate shall swing outwardly over any sidewalk, avenue, street, or road.
[H] 
Fences in side and rear yards shall follow property lines unless they are for privacy or visual screening of mechanical or trash areas.
H. 
Specific requirements.
(1) 
The minimum net lot area for a Downtown District development is 20,000 square feet. The minimum lot area of all new lots platted within the Downtown District development shall be 2,000 square feet. All existing and proposed buildings will be platted with their own lot for planning and dimensional compliance purposes regardless of the final structure of ownership. Rights-of-way and ultimate rights-of-way shall be shown for all streets and alleys created as part of a Downtown District development whether or not said streets are intended for public dedication. Condominium form of ownership and multiple building uses are permitted, but each individual lot's dimensional characteristics, including lot area and setbacks, shall be calculated as part of the land development review process. In such case, the lots shall be laid out so that the dimensional requirements are met. However, the actual lot lines do not need to be legally established.
(2) 
Minimum lot width at build-to-line: 25 feet.
(3) 
Maximum building coverage for entire development site: 70%.
(4) 
Maximum impervious coverage for entire development site: 85%.
(5) 
Regulating plan specific area dimensional requirements:
(a) 
Crossroads Area (Regulating Plan Zone A).
[1] 
Building height: two stories minimum; four stories maximum.
[2] 
Front yard setbacks. Front building walls shall be located entirely within the build-to-zone.
[3] 
Side yard setbacks. No side yard setback is required, provided that all building separation requirements are met.
[4] 
Rear yard setbacks: 20 feet minimum from lot lines or other buildings.
(b) 
Downtown Area (Regulating Plan Zone B).
[1] 
Building height: 3 1/2 stories maximum.
[2] 
Front yard setbacks: five feet from public or private street or alley right-of-way.
[3] 
Side yard setbacks: 10 feet from lot line. Corner lot setbacks shall be the same as front yard setbacks.
[4] 
Rear yard setbacks: 20 feet minimum from lot lines or other buildings.
(c) 
Manor Avenue Frontage (Regulating Plan Zone C).
[1] 
Building height: two stories minimum; 3 1/2 stories maximum.
[2] 
Front yard setbacks. Front building walls shall be located entirely within the build-to-zone.
[3] 
Side yard setbacks. No side yard setback is required, provided that all building separation requirements are met.
[4] 
Rear yard setbacks: 20 feet minimum from lot lines or other buildings.
(d) 
Residential Transition Area (Regulating Plan Zone D).
[1] 
Building height: 2 1/2 stories maximum.
[2] 
Front yard setbacks: 15 feet minimum, 25 feet maximum.
[3] 
Side yard setbacks: 15 feet from district boundary, eight feet from other lot lines or buildings within the Downtown District development.
[4] 
Rear yard setbacks: 20 feet minimum from lot lines or other buildings.
(e) 
Rural Edge Area (Regulating Plan Zone E).
[1] 
Three stories maximum.
[2] 
Front yard setbacks: 15 feet minimum; 25 feet maximum.
[3] 
Side yard setbacks: 15 feet from district boundary, eight feet from other lot lines or buildings within the Downtown District development.
[4] 
Rear yard setbacks: 20 feet minimum from lot lines or other buildings.
(6) 
Permitted uses: Form-based developments meeting the requirements of § 380-30.1 are permitted by right in the DD Overlay District. Only the uses listed below are permitted within the form-based development:
Legend:
P = Permitted by right use (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
Table of Uses
Use
Downtown District Developments
Mixed Use
P
Residential Uses
Townhouse/rowhouse [See additional requirements in § 380-34A(40)]
P
Apartments [See additional requirements in § 380-34A(40)]
P
Commercial Uses
Bakery, retail
P
Conference center
P
Crafts or artisan's studio (see also as home occupation)
P
Custom printing, photocopying, faxing, mailing or courier service
P
Exercise club
P
Financial institution (See additional requirements in § 380-34; includes banks), with any drive-through
P
Laundromat
P
Boutique hotel (<50 rooms) which may include an accessory restaurant
SE
Office
P
Personal services (includes tailoring, custom dressmaking, haircutting/styling, dry cleaning, shoe repair, certified massage therapy, and similar uses) (See also home occupation)
P
Restaurant [See additional requirements in § 380-34A(33)] or banquet hall, without drive-through service
P
Retail store (other than uses listed separately in § 380-27)
P
Tavern, which may include a state-licensed microbrewery (not including an after hours club)
SE
Theater, indoor, other than an adult use
P
Trade/hobby school
P
Veterinarian office [See additional requirements in § 380-34A(42)]
P
Warehousing or storage as an accessory use to a permitted principal use on the same lot or an adjacent lot or located in the same zoning district
P
Cultural center or museum
P
Day-care center, adult [See additional requirements in § 380-34A(2)]
P
Day-care center, child [See additional requirements in § 380-34A(15)] (See also as an accessory use)
P
Borough-owned uses
P
Government facility, other than uses separately in § 380-27
SE
Publicly owned or publicly operated recreation, outdoor park open for public recreation
P
U.S. Postal Service facility, which may include a leased facility
P
Accessory Uses
See list of additional permitted uses in § 380-27C, such as residential accessory structure or use
See additional requirements in § 380-35 for specific accessory uses
Day-care, child [See additional requirements in § 380-35D(4)]
     Group day-care home
P
     Family day-care home
P
Miscellaneous Uses
Erosion and sedimentation controls, flood hazard and stormwater improvements
P
Forestry
P
Nature preserve or environmental education center
P
(7) 
Parking.
(a) 
Any permitted nonresidential use shall provide the minimum required parking as specified in § 380-42, except as may be reduced herein.
[1] 
On-street parking: For uses fronting on a street with publicly accessible on-street parking, the parking requirements may be reduced by one required parking space for every two directly adjacent public on-street parking spaces.
[2] 
Residential uses: Two parking spaces per dwelling unit or as specified in § 380-42, whichever is less.
[3] 
Shared parking: Residential minimum parking standards may be reduced to one space per dwelling unit if the parking facility is shared with a permitted office use, and the office parking is available for use by residential occupants Monday through Friday, 5:00 p.m. to 7:00 a.m. and from 5:00 p.m. Friday to 7:00 a.m. Monday.
[4] 
Location and setback: Off-street parking shall not be located in any required front yard setback along a public street. Parking spaces for multifamily residential parking facilities and all nonresidential use parking facilities shall be screened, landscaped and buffered according to the requirements of the Subdivision and Land Development Ordinance, and in all cases with a vegetative buffer, hedge, wall or architectural fencing a minimum of 48 inches high. No parking area of five or more spaces shall be located within 20 feet of a contiguous lot line of an existing dwelling on another lot, or the district boundary.
A. 
Each principal building shall be served by public water service and public sewage service prior to occupancy, unless the applicant proves to the satisfaction of the Zoning Officer that such service is not feasible.
B. 
If a lot will not be served by public water and public sewage service prior to occupancy of any principal building on the lot, then a minimum lot area of one acre and a minimum lot width of 150 feet shall apply, unless a more-restrictive requirement is established by another provision of this chapter.
No paving, outdoor storage, buildings or paved or stone vehicle parking shall be located within 80 feet from the top of the primary bank of the Conestoga River.