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Berwyn City Zoning Code

CHAPTER 1246

ZONING DISTRICT REGULATIONS

§ 1246.01 GENERAL PROVISIONS.

   (A)   Purpose. The purpose of this chapter is to establish the development standards for a principal structure on a zoning lot by zoning district.
   (B)   Applicability. The provisions of this chapter apply to all new construction and significant exterior renovation of existing structures. The provisions of § 1252.05 (Nonconformities) apply to nonconforming structures.
   (C)   Roosevelt Road Form-Based Zoning. In addition to the requirements of this Code, parcels along Roosevelt Road shall comply with the requirements of the Roosevelt Road Form-Based Zoning overlay, as adopted by the city. The Roosevelt Road Form-Based Zoning overlay may be obtained from the City Clerk. Where a conflict exists between the provisions of this Code and those requirements, the provisions of the Roosevelt Road Form-Based Zoning overlay shall control.
   (D)   General requirements. In addition to the requirements of this chapter, the development requirements in the following code sections must be met.
      (1)   Site plan review. All development, redevelopment, and additions to existing structures that result in an increase in gross floor area, capacity, or number of dwelling units by 15% or more, with the exception of single-family and two-family developments, require approval of a site plan review application by the Zoning Administrator in accordance with § 1252.03(B) (Site Plan Review).
      (2)   Uses. See Chapter 1244 (Uses) for principal, accessory, and temporary use requirements as well as standards for accessory structures.
      (3)   Parking and loading. See Chapter 1248 (Off-Street Parking and Loading) for off-street parking, loading, and access requirements.
      (4)   Landscaping and buffering. See Chapter 1250 (Landscape Standards) for landscaping, buffering, and screening requirements.
      (5)   Municipal Code. Refer to the Municipal Code (Part 14: Building and Housing Code) for additional requirements for development outside the purview of this Zoning Code.
(Ord. 17-31, passed 9-12-2017)

§ 1246.02 DESIGN REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS.

   (A)   Applicability. The design requirements in this section apply to all new construction and significant exterior renovation of existing structures for non-residential and multi-family uses within the city's C-1, C-2, C-3, and C-4 Districts. See §§ 1246.04, 1246.05, 1246.06, and 1246.07 for additional design requirements specific to each commercial zoning district.
   (B)   Design requirements. Refer to Figure 1246.02-A. Design Requirements.
      (1)   Facade design.
         (a)   Hold the corner. A principal structure on a corner parcel shall locate the intersection of the structure's front and corner side facades within the area defined by the intersection of the front and corner side maximum front setbacks. Refer to Figure 1246.02-B. Hold the Corner Requirement.
         (b)   Defined base, middle, and top. Multi-story buildings shall be designed with a distinct base, middle, and top. A horizontal expression line shall define the base (ground story) of the building from the upper stories. An expression line is a decorative, three dimensional linear element protruding or indented at least two inches from a building facade.
         (c)   Vertical facade articulation. Architectural or structural elements shall be incorporated to vertically divide large flat planes along all street-facing facades in excess of 50 feet.
            1.   Architectural or structural elements. Architectural or structural elements may include color change, texture change, material change, or wall articulation change, such as an offset, pilaster, column, reveal, or vertical expression line, of no less than six inches.
            2.   Spacing. Facade articulation elements shall be incorporated at intervals of no less than 25 feet.
      (2)   Materials.
         (a)   Allowed materials. The following materials are allowed on the ground story facade: durable and natural materials, such as stone, brick, stucco, metal, concrete, burnished concrete masonry units, and non-reflective glass, unless otherwise prohibited in division (B)(2)(b) of this section.
         (b)   Limitation on materials. The following materials may be utilized for trim or architectural details but shall not exceed 20% of the total facade area: utility brick, vinyl or metal siding, metal wall panels, exposed aggregate (rough finish) concrete wall panels, exterior insulation and finishing systems (EIFS), fiberglass, plastic, untreated wood, non-burnished concrete masonry units, and mirror glass. EIFS is not allowed on the ground floor.
   Figure 1246.02-A. Design Requirements
 
   Figure 1246.02-B. Hold the Corner Requirement
 
   (C)   Explanation of table requirements. The following provisions explain and define the commercial design requirements established in Tables 1246.04-A, 1246.05-A, 1246.06-A, and 1246.07-A. Refer to Figure 1246.02-A. Design Requirements.
      (1)   Minimum street frontage. Proportion of street frontage that must be occupied by the principal building's front facade. The requirement in each table establishes the minimum percentage of the front lot line that must be occupied by the front façade of the principal building.
      (2)   Parking location. The yard in which an off-street parking lot is allowed.
      (3)   Minimum transparency. The amount of transparency (highly transparent, non-reflective glass) required as a percentage of the total area of the street-facing ground story facade. Tinting in excess of 20% is not allowed.
      (4)   Principal entrance location. The facade on which the principal building entrance must be located.
      (5)   Roof type. Roof types may include pitched roofs, parapet roofs, or flat roofs. If a parapet roof is constructed, it shall have a minimum height of two feet and maximum height of six feet, as measured from the top of the upper story to the top of the parapet.
(Ord. 17-31, passed 9-12-2017)

§ 1246.03 SUMMARY TABLE OF ZONING DISTRICT REQUIREMENTS.

   Table 1246.03-A. Summary Table of Zoning District Requirements provides a summary of the bulk and setback requirements for each zoning district, which are established in §§ 1246.04 through 1246.13.
(Ord. 17-31, passed 9-12-2017)

§ 1246.04 C-1 NEIGHBORHOOD MIXED-USE DISTRICT REQUIREMENTS.

   Table 1246.04-A. C-1 District Requirements, Figure 1246.04-A. C-1 District Requirements: Plan, and Figure 1246.04-B. C-1 District Requirements: 3-D establish bulk, setback, and design requirements for the C-1 District. See § 1246.02 (Design Requirements for Commercial Zoning Districts) for additional design requirements that apply to all commercial districts.
Table 1246.04-A. C-1 District Requirements
Table 1246.04-A. C-1 District Requirements
Bulk Requirements
Minimum Lot Area
3,000 sf
A
Minimum Lot Width
25 ft
B
Maximum Principal Building Height
45 ft and 3 stories
Maximum Impervious Coverage
85% for residential uses; does not apply for non-residential uses
Setback Requirements
C
Minimum Front Setback (single-family and two-family uses only)
10 ft
D
Maximum Front Setback (non-residential and multi-family uses only)
15 ft
Minimum Corner Side Setback
None; 5 ft if residential use
E
Maximum Corner Side Setback (non-residential and multi-family uses only)
15 ft
F
Minimum Interior Side Setback
0 ft; 10 ft for non-residential uses if residential district or residential use is adjacent; 3 ft. for residential uses if residential district or residential use is adjacent
G
Minimum Rear Setback
5 ft
Design Requirements1
H
Minimum Street Frontage
50%
I
Parking Location
Interior side or rear yards
Minimum Transparency
35% of street-facing facades between 2 ft and 8 ft above grade
Principal Entrance Location
Front or corner side facade
Roof Types
Pitched, parapet, flat
1   These requirements apply to non-residential and multi-family developments only.
 
Figure 1246.04-A. C-1 District Requirements: Plan
 
Figure 1246.04-B. C-1 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12- 2017; Ord. 21-12, passed 7-13- 2021)

§ 1246.05 C-2 TRADITIONAL MIXED-USE DISTRICT REQUIREMENTS.

   Table 1246.05-A. C-2 District Requirements, Figure 1246.05-A. C-2 District Requirements: Plan, and Figure 1246.05-B. C-2 District Requirements: 3-D establish bulk, setback, and design requirements for the C-2 District. See § 1246.02 (Design Requirements for Commercial Zoning Districts) for additional design requirements that apply to all commercial districts.
Table 1246.05-A. C-2 District Requirements
Table 1246.05-A. C-2 District Requirements
Bulk Requirements
Minimum Lot Area
3,000 sf
A
Minimum Lot Width
25 ft
B
Maximum Principal Building Height
65 ft and 5 stories
Maximum Impervious Coverage
Does not apply
Setback Requirements
C
Minimum Front Setback
10 ft
D
Maximum Corner Side Setback
10 ft
E
Minimum Interior Side Setback
0 ft
F
Minimum Rear Setback
5 ft
Design Requirements
G
Minimum Street Frontage
75%
H
Parking Location
Rear yard; 1 double loaded bay permitted in interior side yard
Minimum Transparency
50% of street-facing facades between 2 ft and 8 ft above grade
Principal Entrance Location
Front or corner side facade
Roof Types
Parapet or flat
 
   Figure 1246.05-A. C-2 District Requirements: Plan
 
   Figure 1246.05-B. C-2 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.06 C-3 DEPOT MIXED-USE DISTRICT REQUIREMENTS.

   Table 1246.06-A. C-3 District Requirements, Figure 1246.06-A. C-3 District Requirements: Plan, and Figure 1246.06-B. C-3 District Requirements: 3-D establish bulk, setback, and design regulations for the C-3 District. See § 1246.02 (Design Requirements for Commercial Zoning Districts) for additional design requirements that apply to all commercial districts.
Table 1246.06-A. C-3 District Requirements
Table 1246.06-A. C-3 District Requirements
Bulk Requirements
Minimum Lot Area
3,000 sf
A
Minimum Lot Width
25 ft
B
Maximum Principal Building Height
65 ft and 5 stories; 78 ft and 6 stories if a minimum of 50% of required parking spaces are provided as structured parking
Maximum Impervious Coverage
Does not apply
Setback Requirements
C
Maximum Front Setback
5 ft
D
Maximum Corner Side Setback
5 ft
E
Minimum Interior Side Setback
0 ft
F
Minimum Rear Setback
0 ft
Design Requirements
G
Minimum Street Frontage
95%
H
Parking Location
Rear yard
Minimum Transparency
50% of street-facing facades between 2 ft and 8 ft above grade
Principal Entrance Location
Front or corner side facade
Roof Types
Parapet or flat
 
   Figure 1246.06-A. C-3 District Requirements: Plan
 
   Figure 1246.06-B. C-3 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.07 C-4 CORRIDOR COMMERCIAL DISTRICT REQUIREMENTS.

   Table 1246.07-A. C-4 District Requirements, Figure 1246.07-A. C-4 District Requirements: Plan, and Figure 1246.07-B. C-4 District Requirements: 3-D establish bulk, setback, and design regulations for the C-4 District. See § 1246.02 (Design Requirements for Commercial Zoning Districts) for additional design requirements that apply to all commercial districts.
Table 1246.07-A. C-4 District Requirements
Table 1246.07-A. C-4 District Requirements
Bulk Requirements
Minimum Lot Area
4,000 sf
A
Minimum Lot Width
40 ft
B
Maximum Principal Building Height
65 ft and 5 stories
Maximum Impervious Coverage
Does not apply
Setback Requirements
C
Minimum Front Setback
0 ft
D
Minimum Corner Side Setback
0 ft
E
Minimum Interior Side Setback
0 ft; 10 ft if residential district is adjacent
F
Minimum Rear Setback
5 ft; 10 ft if residential district is adjacent
Design Requirements
Minimum Street Frontage
None
G
Parking Location
All yards
Minimum Transparency
35% of street-facing facades between 2 ft and 8 ft above grade
Principal Entrance Location
Front or corner side facade
Roof Types
Pitched, parapet, flat
 
   Figure 1246.07-A. C-4 District Requirements: Plan
 
   Figure 1246.07-B. C-4 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.08 I INDUSTRIAL DISTRICT REQUIREMENTS.

   Table 1246.08-A. I District Requirements, Figure 1246.08-A. I District Requirements: Plan, and Figure 1246.08-B. I District Requirements: 3-D establish bulk and setback regulations for the I District.
Table 1246.08-A. I District Bulk and Setback Requirements
Table 1246.08-A. I District Bulk and Setback Requirements
Bulk Requirements
Minimum Lot Area
6,250 sf
A
Minimum Lot Width
50 ft
B
Maximum Principal Building Height
50 ft and 3 stories
Maximum Impervious Coverage
Does not apply
Setback Requirements
C
Maximum Front Setback
15 ft
D
Maximum Corner Side Setback
15 ft
E
Minimum Interior Side Setback
0 ft; 10 ft if residential district is adjacent
F
Minimum Rear Setback
20 ft
 
   Figure 1246.08-A. I District Requirements: Plan
 
   Figure 1246.08-B. I District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.09 P PUBLIC AREAS DISTRICT REQUIREMENTS.

   Table 1246.09-A. P District Requirements, Figure 1246.09-A. P District Requirements: Plan, and Figure 1246.09-B. P District Requirements: 3-D establish bulk and setback regulations for the P District.
Table 1246.09-A. P District Bulk and Setback Requirements
Table 1246.09-A. P District Bulk and Setback Requirements
Bulk Requirements
Minimum Lot Area
3,750 sf
A
Minimum Lot Width
30 ft
B
Maximum Principal Building Height
45 ft and 3 stories
Maximum Impervious Coverage
85%
Setback Requirements
C
Minimum Front Setback
0 ft
D
Minimum Corner Side Setback
0 ft
E
Minimum Interior Side Setback
0 ft; 10 ft if residential district is adjacent
F
Minimum Rear Setback
5 ft
 
   Figure 1246.09-A. P District Requirements: Plan
 
   Figure 1246.09-B. P District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.10 R-1 SINGLE-FAMILY RESIDENCE DISTRICT REQUIREMENTS.

   (A)   Bulk and setback regulations. Table 1246.10-A. R-1 District Requirements, Figure 1246.10-A. R-1 District Requirements: Plan, and Figure 1246.10-B. R-1 District Requirements: 3-D establish bulk and setback regulations for the R-1 District.
   (B)   Standards for additions to existing bungalows. The following requirements pertain to second story additions to existing bungalows in the R-1 District.
      (1)   Minimum addition setback. The bungalow addition shall be set back a minimum of six feet from the front facade and shall maintain the existing front dormer, when applicable.
      (2)   Maximum height. After the six-foot setback, the maximum height of the bungalow shall be 30 feet.
      (3)   Roof pitch. The roof pitch of the addition shall be similar to the roof pitch of the bungalow.
      (4)   Materials. The exterior walls of the addition shall be clad with material that has an analogous color to the original bungalow. Shingles and vinyl siding are not permitted cladding materials for the exterior walls of any bungalow addition.
Table 1246.10-A. R-1 District Requirements
Table 1246.10-A. R-1 District Requirements
Bulk Requirements
Minimum Lot Area
3,750 sf
A
Minimum Lot Width
30 ft
B
Maximum Principal Building Height at Front Facade
30 ft for buildings other than bungalows; 20 ft, 15 ft to the gutter for bungalows
C
Maximum Height for Second Story Addition to a Bungalow
30 ft
D
Minimum Setback for a Second Story Addition to a Bungalow
6 ft
Maximum Impervious Coverage
65%
Setback Requirements
E
Minimum Front Setback
15 ft
F
Minimum Corner Side Setback
5 ft
G
Minimum Interior Side Setback
3 ft
H
Minimum Rear Setback
25 ft
 
   Figure 1246.10-A. R-1 District Requirements: Plan
 
   Figure 1246.10-B. R-1 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.11 R-2 BUNGALOW DISTRICT REQUIREMENTS.

   (A)   Bulk and setback regulations. Table 1246.11-A. R-2 District Requirements, Figure 1246.11-A. R-2 District Requirements: Plan, and Figure 1246.11-B. R-2 District Requirements: 3-D establish bulk and setback regulations for the R-2 District.
   (B)   Standards for additions to existing bungalows. The following requirements pertain to second story additions to existing bungalows in the R-2 District.
      (1)   Minimum addition setback. The bungalow addition shall be set back a minimum of 15 feet from the front facade and shall maintain the existing front dormer, when applicable.
      (2)   Maximum height. After the 15-foot setback, the maximum height of the bungalow shall be 28 feet.
      (3)   Roof pitch. The roof pitch of the addition shall be similar to the roof pitch of the bungalow.
      (4)   Materials. The exterior walls of the addition shall be clad with material that has an analogous color to the original bungalow. Shingles and vinyl siding are not permitted cladding materials for the exterior walls of any bungalow addition.
Table 1246.11-A. R-2 District Requirements
Table 1246.11-A. R-2 District Requirements
Bulk Requirements
Minimum Lot Area
3,750 sf
A
Minimum Lot Width
30 ft
B
Maximum Principal Building Height at Front Facade
28 ft for buildings other than bungalows; 20 ft, 15 ft to the gutter for bungalows
C
Maximum Height for Second Story Addition to a Bungalow
28 ft
D
Minimum Setback for Second Story Addition to a Bungalow
15 ft
Maximum Impervious Coverage
65%
Setback Requirements
E
Minimum Front Setback
15 ft
F
Minimum Corner Side Setback
5 ft
G
Minimum Interior Side Setback
3 ft
H
Minimum Rear Setback
25 ft
 
   Figure 1246.11-A. R-2 District Requirements: Plan
 
   Figure 1246.11-B. R-2 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.12 R-3 TWO-FAMILY RESIDENCE DISTRICT REQUIREMENTS.

   (A)   Table 1246.12-A. R-3 District Requirements, Figure 1246.12-A. R-3 District Requirements: Plan, and Figure 1246.12-B. R-3 District Requirements: 3-D establish bulk and setback regulations for the R-3 District.
   (B)   Standards for additions to existing bungalows. The following requirements pertain to second story additions to existing bungalows in the R-3 District.
      (1)   Minimum addition setback. The bungalow addition shall be set back a minimum of six feet from the front facade and shall maintain the existing front dormer, when applicable.
      (2)   Maximum height. After the six-foot setback, the maximum height of the bungalow shall be 30 feet.
      (3)   Roof pitch. The roof pitch of the addition shall be similar to the roof pitch of the bungalow.
      (4)   Materials. The exterior walls of the addition shall be clad with material that has an analogous color to the original bungalow. Shingles and vinyl siding are not permitted cladding materials for the exterior walls of any bungalow addition.
Table 1246.12-A. R-3 District Requirements
Table 1246.12-A. R-3 District Requirements
Bulk Requirements
Minimum Lot Area
3,750 sf
A
Minimum Lot Width
30 ft
B
Maximum Principal Building Height at Front Facade
35 ft and 2.5 stories for buildings other than bungalows; 20 ft, 15 ft to the gutter for bungalows
Maximum Height for Second Story Addition to a Bungalow
30 ft
Minimum Setback for a Second Story Addition to a Bungalow
6 ft
Maximum Impervious Coverage
75%
Setback Requirements
C
Minimum Front Setback
10 ft
D
Minimum Corner Side Setback
5 ft
E
Minimum Interior Side Setback
3 ft
F
Minimum Rear Setback
25 ft
 
   Figure 1246.12-A. R-3 District Requirements: Plan
 
   Figure 1246.12-B. R-3 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.13 R-4 MULTI-FAMILY RESIDENCE DISTRICT REQUIREMENTS.

   (A)   Table 1246.13-A. R-4 District Requirements, Figure 1246.13-A. R-4 District Requirements: Plan, and Figure 1246.13-B. R-4 District Requirements: 3-D establish bulk and setback regulations for the R-4 District.
   (B)   Standards for additions to existing bungalows. The following requirements pertain to second story additions to existing bungalows in the R-4 District.
      (1)   Minimum addition setback. The bungalow addition shall be set back a minimum of six feet from the front facade and shall maintain the existing front dormer, when applicable.
      (2)   Maximum height. After the six-foot setback, the maximum height of the bungalow shall be 30 feet.
      (3)   Roof pitch. The roof pitch of the addition shall be similar to the roof pitch of the bungalow.
      (4)   Materials. The exterior walls of the addition shall be clad with material that has an analogous color to the original bungalow. Shingles and vinyl siding are not permitted cladding materials for the exterior walls of any bungalow addition.
Table 1246.13-A. R-4 District Requirements
Table 1246.13-A. R-4 District Requirements
Bulk Requirements
Minimum Lot Area
3,750 sf
A
Minimum Lot Width
30 ft
B
Maximum Principal Building Height at Front Facade
45 ft and 4 stories for buildings other than bungalows; 20 ft, 15 ft to the gutter for bungalows
Maximum Height for Second Story Addition to a Bungalow
30 ft
Minimum Setback for a Second Story Addition to a Bungalow
6 ft
Maximum Impervious Coverage
85%
Setback Requirements
C
Minimum Front Setback
10 ft
D
Minimum Corner Side Setback
5 ft
E
Minimum Interior Side Setback
3 ft
F
Minimum Rear Setback
20 ft
 
   Figure 1246.13-A. R-4 District Requirements: Plan
 
   Figure 1246.13-B. R-4 District Requirements: 3-D
 
(Ord. 17-31, passed 9-12-2017)

§ 1246.14 PRINCIPAL STRUCTURE ENCROACHMENTS.

   The following components of a principal structure are permitted to encroach into required yards provided that all established conditions are met. Accessory structures are permitted to encroach into required yards in accordance with § 1244.04 (Accessory Structures and Uses).
   (A)   Accessibility ramps. Permitted to encroach into any required yard.
   (B)   Awning or canopy (residential use). See § 1476.05(B)(1) (Awning Signs) for regulations pertaining to awning signs.
      (1)   Encroachment. Permitted to encroach up to two feet into any required yard.
      (2)   Clearance. Minimum clearance of eight feet is required.
   (C)   Balcony.
      (1)   Encroachment. Permitted to encroach up to five feet into the required front, corner side, or rear yard.
      (2)   Location. Balconies shall be located a minimum of two feet above ground in residential districts and eight feet in commercial districts.
      (3)   Right-of-way encroachment. In the C-1, C-2, C-3, and C-4 Districts, balconies may be permitted to extend beyond the front or corner side lot line and encroach upon the city right-of-way with Zoning Administrator approval.
   (D)   Bay window.
      (1)   Encroachment. Permitted to encroach up to three feet into the required front, corner side, or rear yard.
      (2)   Right-of-way encroachment. In the C-1, C-2, C-3, and C-4 Districts, bay windows above the ground floor may be permitted to extend beyond the front or corner side lot line and encroach upon the city right-of-way with Zoning Administrator approval.
   (E)   Chimney. Permitted to encroach up to two feet into any required yard.
   (F)   Eave or gutter. Permitted to encroach up to two feet into any required yard.
   (G)   Fire escape. Permitted to encroach into the required corner side, interior side, or rear yard.
   (H)   Porch (roofed or unroofed), stairs, and/or stoop. Permitted to encroach into any required yard but shall be no closer than five feet from any lot line.
   (I)   Window well. Permitted to encroach up to two feet into the required corner side, interior side, or rear yard.
(Ord. 17-31, passed 9-12-2017)