Bellefonte, PA Zoning Ordinance

Bellefonte City Zoning Code

ARTICLE V

Town Residential District R-2

§ 575-20 Intent.

The Town Residential District development standards provide two options (infill development standards and new development standards). All construction, alteration and/or demolition for buildings located within the R-2 Town Residential District and the boundaries of the Historical Architectural Review Board District shall be subject to the guidelines, standards and approval processes of the Bellefonte Historic District and the Historical Architectural Review Board.

§ 575-21 Infill development standards.

Intent. The intent of the Town Residential District–Infill Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

To provide neighborhood development opportunities and limited adaptive reuse opportunities which promote infill development in areas served by a full range of public utilities and services;

(3)

To promote the expansion of traditional neighborhoods as appropriate;

(4)

To promote adaptive reuse of carriage houses and other related outbuildings as a means of providing affordable housing opportunities;

(5)

To provide limited home occupations and suitable adaptive reuse of accessory historic structures;

(6)

To ensure a diversity of housing types, sizes, and costs; and

(7)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

(8)

To promote adaptive reuse of buildings greater than 10,000 square feet without creating a burden to the traditional neighborhood.

[Added 12-17-2018 by Ord. No. 121718-2]

District regulations. Only uses listed below shall be permitted in the Town Residential–Infill Development District. All uses must conform to the lot, yard setback, and maximum height requirements stipulated herein, as well as other appropriate requirements of this chapter.

[Amended 12-17-2018 by Ord. No 121718-2]

R-2 Town Residential District (Infill Development)
	Lot Requirements			Yard Setback and Height Requirements (feet)
Permitted Uses	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	7,500 square feet	50	50%	See Subsection C below	7	20	35
Duplex	5,000 square feet per unit	50	50%	See Subsection C below	7; 0 at common wall	30	35
Churches	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public and private schools	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public park and recreation areas	No minimum		40%	30	30	30
Nursing homes; professional offices	See Subsection F below.
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Accessory building apartments: see Subsection D below
Customary uses accessory to above
Essential services

Front yard setbacks. In order to preserve community character in well-defined neighborhoods, the front yard setback shall be established such that the setback line is within 10% of the average of the established block face (existing building setback lines). However, the front yard setback shall be no less than 15 feet and no more than 40 feet.

Accessory building apartments. Within the R-2 Town Residential Zone–Infill Development Standard, an accessory outbuilding that existed on the effective date of this chapter may be converted into one dwelling unit, or may accommodate an accessory occupation by conditional use, subject to the following criteria:

(1)

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

(2)

Applicants shall maintain the existing exterior character of the building.

(3)

Each dwelling unit/use shall have at least 400 square feet of habitable floor area and a direct means of escape to ground level.

(4)

The applicant must provide for two off-street parking spaces for each accessory building residential unit in addition to any other required parking.

(5)

Accessory structures may not be altered in such a way that the roofline of the accessory structure is made higher than the roofline of the primary structure.

Adaptive reuse provisions. While the intent of the R-2 Town Residential–Infill Development Standards is to provide for a diversity of residential development and infill opportunities within the Borough, there may be instances in which the size, nature and/or location of an existing structure is not suitable for use as prescribed in the permitted uses table above. The purpose of this section is to encourage the retention and reuse of structures that have historic, architectural or cultural value to the municipality by recognizing the importance of these significant buildings and providing a process by which these buildings can be reused and retained while minimizing any secondary impacts to the surrounding properties. This section allows flexibility in the proposed use, dimensional setbacks, design criteria and parking requirements in a way that significantly reduces the conflicts created by changing the use of an existing building.

(1)

Applicability. In order to utilize the adaptive reuse provisions of this section, the building or structure must be designated as a local or national historic landmark, located within an approved historic district, or within 300 feet of an approved historic district. In addition, at least one of the following criteria must apply:

(a)

The building or structure would no longer be allowed under this chapter in its present use, and the building or structure would not easily be retrofitted to comply with the existing criteria without variances, vacating right-of-way, purchasing adjacent property, or removing all or portions of the existing building.

(b)

The original intended use of the building no longer functions in the current environment today or would create secondary impacts to the surrounding neighborhood if utilized for its original function.

(2)

Applicants meeting the standards set forth above may apply for a conditional use permit through the procedures outlined in this chapter in order to facilitate the adaptive reuse of such structures, so long as the proposed use is compatible with, and will not negatively impact use of, the adjacent properties or promote the deterioration of the residential character of the neighborhood or district.

(3)

The Borough Council, upon recommendation from Borough staff, the Borough Planning Commission, and the Historic Architectural Review Board (if applicable) may consider such requests and may impose such conditions as are necessary to fulfill the intent of this section.

(4)

Such conditions may include, but are not limited to, buffer requirements, parking and lighting standards, use restrictions, limitations on hours of operation, and other conditions as may be necessary to fulfill the intent of this chapter and to protect the general health, safety and welfare.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Nursing homes; professional offices. Within the R-2 Town Residential Zone — Infill Development Standard, an existing building, as of the date of this amendment, greater than 10,000 square feet may be used as or converted into nursing homes and professional office space. For purposes of clarification, this type of adaptive reuse is considered land development and must go through the Historical Architectural Review Board (if applicable), Planning Commission, and Council approval processes. All ordinances related to stormwater, parking, lighting, landscaping, and any other applicable standards must be adhered to, Bellefonte Borough Council may impose such conditions as deemed necessary for the general health, safety, and welfare of the district.

[Added 12-17-2018 by Ord. No. 121718-2]

§ 575-22 New development standards.

Intent. The intent of the Town Residential District–New Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

To provide neighborhood development opportunities in areas served by a full range of public utilities and services compatible with the existing development patterns within the Borough and neighboring municipalities, as applicable;

(3)

To promote the expansion of traditional neighborhoods, as appropriate;

(4)

To ensure a diversity of housing types, sizes, and costs and integrated nonresidential opportunities; and

(5)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

District regulations. Only uses listed below shall be permitted in the Town Residential–New Development District. All uses must conform to the lot, yard setback, and maximum height requirements stipulated herein, as well as other appropriate requirements of this chapter.

R-2 Town Residential District (New Development)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	15,000 square feet	50	50%	20	10	20	35
Duplex	7,500 square feet per unit	50		20	10; 0 at common wall	30
Churches	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public and private schools	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public park and recreation areas	No minimum		40%	30	30	30
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Customary uses accessory to above
Essential services

Transfer of development rights (TDR). Properties within the R-2 New Development Zone that are designated by the Bellefonte Borough Council as TDR-receiving areas may receive development credits from approved TDR-sending areas. Residential development densities may be increased by a maximum of one single-family home or two duplex units per acre. In order to achieve the TDR-receiving-area permitted densities, permitted lot sizes may be reduced to a minimum of 10,000 square feet per single-family home and 5,000 square feet per duplex unit.

Master plan development option. In order to facilitate the development of new communities that will be compatible with the existing built environment and the character of the Borough, while providing local amenities for nearby residents, applicants may utilize the master plan development option to incorporate limited commercial uses into a master planned development. Such commercial uses shall constitute no more than 10% of the total acreage of the entire site and no more than 25,000 square feet of total gross floor area. In addition, no individual commercial use shall exceed 5,000 square feet of gross floor area. Commercial uses shall be limited to neighborhood retail, professional offices, and child day-care uses. Master planned developments shall conform to the district regulations set forth above and shall also conform to the design and performance standards as follows:

(1)

A master planned development shall consist of an area not less than 10 acres.

(2)

A master planned development shall be designed to be pedestrian-oriented and less dependent upon the automobile. Commercial development opportunities should be located in such a way as to be primarily accessible from within the community. As such, sidewalks and interconnected open space networks are essential to the master planned development. In addition, the street network shall be designed to provide for multiple routes to a single location by both automotive and nonautomotive forms of transportation. Parking for the automobile shall be required but will be done in a manner that has minimal physical, aesthetic and environmental impacts.

(3)

Commercial developments shall employ design standards that are sensitive to the predominately residential character of the community.

(4)

Drive-through operations shall not be permitted.

(5)

Gasoline sales and service stations shall not be permitted.

(6)

Commercial developments shall conform to the following bulk, density and setback requirements:

Master Plan Development Option — Commercial Uses (R-2 District)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
Primary Uses	Minimum Lot Size	Minimum Lot Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Neighborhood retail	1 acre	150	30%	30	50	50	35
Professional office	1 acre				50
Child day-care uses	30,000 square feet				30 — child day care

Bellefonte City Zoning Code

ARTICLE V

Town Residential District R-2

§ 575-20 Intent.

§ 575-21 Infill development standards.

Intent. The intent of the Town Residential District–Infill Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

To provide neighborhood development opportunities and limited adaptive reuse opportunities which promote infill development in areas served by a full range of public utilities and services;

(3)

To promote the expansion of traditional neighborhoods as appropriate;

(4)

To promote adaptive reuse of carriage houses and other related outbuildings as a means of providing affordable housing opportunities;

(5)

To provide limited home occupations and suitable adaptive reuse of accessory historic structures;

(6)

To ensure a diversity of housing types, sizes, and costs; and

(7)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

(8)

To promote adaptive reuse of buildings greater than 10,000 square feet without creating a burden to the traditional neighborhood.

[Added 12-17-2018 by Ord. No. 121718-2]

[Amended 12-17-2018 by Ord. No 121718-2]

R-2 Town Residential District (Infill Development)
	Lot Requirements			Yard Setback and Height Requirements (feet)
Permitted Uses	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	7,500 square feet	50	50%	See Subsection C below	7	20	35
Duplex	5,000 square feet per unit	50	50%	See Subsection C below	7; 0 at common wall	30	35
Churches	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public and private schools	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public park and recreation areas	No minimum		40%	30	30	30
Nursing homes; professional offices	See Subsection F below.
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Accessory building apartments: see Subsection D below
Customary uses accessory to above
Essential services

(1)

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

(2)

Applicants shall maintain the existing exterior character of the building.

(3)

Each dwelling unit/use shall have at least 400 square feet of habitable floor area and a direct means of escape to ground level.

(4)

The applicant must provide for two off-street parking spaces for each accessory building residential unit in addition to any other required parking.

(5)

Accessory structures may not be altered in such a way that the roofline of the accessory structure is made higher than the roofline of the primary structure.

(1)

(a)

(b)

The original intended use of the building no longer functions in the current environment today or would create secondary impacts to the surrounding neighborhood if utilized for its original function.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Added 12-17-2018 by Ord. No. 121718-2]

§ 575-22 New development standards.

Intent. The intent of the Town Residential District–New Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

(3)

To promote the expansion of traditional neighborhoods, as appropriate;

(4)

To ensure a diversity of housing types, sizes, and costs and integrated nonresidential opportunities; and

(5)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

R-2 Town Residential District (New Development)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	15,000 square feet	50	50%	20	10	20	35
Duplex	7,500 square feet per unit	50		20	10; 0 at common wall	30
Churches	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public and private schools	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public park and recreation areas	No minimum		40%	30	30	30
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Customary uses accessory to above
Essential services

(1)

A master planned development shall consist of an area not less than 10 acres.

(2)

(3)

Commercial developments shall employ design standards that are sensitive to the predominately residential character of the community.

(4)

Drive-through operations shall not be permitted.

(5)

Gasoline sales and service stations shall not be permitted.

(6)

Commercial developments shall conform to the following bulk, density and setback requirements:

Master Plan Development Option — Commercial Uses (R-2 District)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
Primary Uses	Minimum Lot Size	Minimum Lot Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Neighborhood retail	1 acre	150	30%	30	50	50	35
Professional office	1 acre				50
Child day-care uses	30,000 square feet				30 — child day care

Bellefonte City Zoning Code

ARTICLE V

Town Residential District R-2

§ 575-20 Intent.

§ 575-21 Infill development standards.

Intent. The intent of the Town Residential District–Infill Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

To provide neighborhood development opportunities and limited adaptive reuse opportunities which promote infill development in areas served by a full range of public utilities and services;

(3)

To promote the expansion of traditional neighborhoods as appropriate;

(4)

To promote adaptive reuse of carriage houses and other related outbuildings as a means of providing affordable housing opportunities;

(5)

To provide limited home occupations and suitable adaptive reuse of accessory historic structures;

(6)

To ensure a diversity of housing types, sizes, and costs; and

(7)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

(8)

To promote adaptive reuse of buildings greater than 10,000 square feet without creating a burden to the traditional neighborhood.

[Added 12-17-2018 by Ord. No. 121718-2]

[Amended 12-17-2018 by Ord. No 121718-2]

R-2 Town Residential District (Infill Development)
	Lot Requirements			Yard Setback and Height Requirements (feet)
Permitted Uses	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	7,500 square feet	50	50%	See Subsection C below	7	20	35
Duplex	5,000 square feet per unit	50	50%	See Subsection C below	7; 0 at common wall	30	35
Churches	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public and private schools	0.5 acre	150 at building setback line	50%	See Subsection C below	30	50	35
Public park and recreation areas	No minimum		40%	30	30	30
Nursing homes; professional offices	See Subsection F below.
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Accessory building apartments: see Subsection D below
Customary uses accessory to above
Essential services

(1)

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

(2)

Applicants shall maintain the existing exterior character of the building.

(3)

Each dwelling unit/use shall have at least 400 square feet of habitable floor area and a direct means of escape to ground level.

(4)

The applicant must provide for two off-street parking spaces for each accessory building residential unit in addition to any other required parking.

(5)

Accessory structures may not be altered in such a way that the roofline of the accessory structure is made higher than the roofline of the primary structure.

(1)

(a)

(b)

The original intended use of the building no longer functions in the current environment today or would create secondary impacts to the surrounding neighborhood if utilized for its original function.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Added 12-17-2018 by Ord. No. 121718-2]

§ 575-22 New development standards.

Intent. The intent of the Town Residential District–New Development Standards is to promote the following:

(1)

To provide for medium-density residential development opportunities;

(2)

(3)

To promote the expansion of traditional neighborhoods, as appropriate;

(4)

To ensure a diversity of housing types, sizes, and costs and integrated nonresidential opportunities; and

(5)

To meet minimum standards of health and safety by protecting against hazards and nuisances.

R-2 Town Residential District (New Development)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
	Minimum Size	Minimum Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Primary Uses
Single-family home	15,000 square feet	50	50%	20	10	20	35
Duplex	7,500 square feet per unit	50		20	10; 0 at common wall	30
Churches	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public and private schools	30,000 square feet	150 at building setback line; 50 at street line		30	30	50
Public park and recreation areas	No minimum		40%	30	30	30
Accessory Uses
Home occupations: see Supplemental Regulations	See primary use above to which it is accessory
Bed-and-breakfast establishments: see Supplemental Regulations
Customary uses accessory to above
Essential services

(1)

A master planned development shall consist of an area not less than 10 acres.

(2)

(3)

Commercial developments shall employ design standards that are sensitive to the predominately residential character of the community.

(4)

Drive-through operations shall not be permitted.

(5)

Gasoline sales and service stations shall not be permitted.

(6)

Commercial developments shall conform to the following bulk, density and setback requirements:

Master Plan Development Option — Commercial Uses (R-2 District)
Permitted Uses	Lot Requirements			Yard Setback and Height Requirements (feet)
Primary Uses	Minimum Lot Size	Minimum Lot Width (feet)	Maximum Impervious Coverage	Front Yard	Side Yard	Rear Yard	Maximum Height
Neighborhood retail	1 acre	150	30%	30	50	50	35
Professional office	1 acre				50
Child day-care uses	30,000 square feet				30 — child day care