Catasauqua City Zoning Code
ARTICLE X
WOD Waterfront Overlay District
§ 280-68 Purposes.
A.
To provide for mixed-use development that is open to the general public along the Lehigh River and Lehigh Canal that has a strong pedestrian orientation to the river and the canal.
B.
To revitalize and enhance properties that adjoin the river and the canal, while maintaining the neighborhood character of the Borough.
C.
To establish, enhance and promote a culturally and socially diverse residential and commercial environment that is complementary to downtown Catasauqua.
D.
To encourage streetscapes with complementary residential and office uses located above and adjacent to ground floor retail, office and service commercial uses.
E.
To minimize negative traffic impacts by reducing the number and length of automobile trips required to access everyday needs.
F.
To establish a neighborhood character which is pedestrian-oriented and open to the general public.
G.
To promote pedestrian circulation throughout the Waterfront Overlay District with sidewalks, crosswalks and pathways that are open to the general public.
H.
To revitalize the Borough by demolishing unsightly structures and replacing them with more aesthetically and architecturally pleasing structures.
I.
To promote a range and diversity of housing types, shops and work places.
§ 280-69 Uses.
A.
The following uses are permitted in the Waterfront Overlay District:
(1)
Mixed-use development consisting of three or more of the following uses:
(a)
Apartment as part of a live-work unit.
(b)
Bakery, retail.
(c)
Bed-and-breakfast inn.
(d)
Catering for off-site consumption.
(e)
Condominiums.
(f)
Conference center.
(g)
Crafts or artisans studio.
(h)
Custom printing, photocopying, faxing, mailing, courier service and similar business services.
(i)
Emergency services station not including a supporting social club building or facility.
(j)
Exercise club.
(k)
Financial institution with drive-through, provided that the drive-through component is on the back of the building, opposite the primary frontage street.
(l)
Hobby school.
(m)
Hotel or motel, not to exceed four stories and 55 feet in height.
(n)
Indoor recreation.
(o)
Live-work unit along a public street.
(p)
Library.
(q)
Museum.
(r)
Municipal uses, municipal buildings and all other types of government facilities.
(s)
Nightclub.
(t)
Offices.
(u)
Personal services (includes, but is not limited to, tailoring, custom dressmaking, haircutting/styling, dry cleaning, shoe repair, "massage therapy certified" and all other uses similar in character to the above personal services).
(v)
Publicly owned or publicly operated recreation.
(w)
Restaurants with a drive-through service, as a special exception.
(x)
Restaurants without a drive-through service. Outdoor dining is permitted.
(y)
Retail stores.
(z)
Theater.
(aa)
Townhouse/rowhouse.
(bb)
All accessory uses.
(cc)
Planned multifamily residential community by special exception.
[Added 3-4-2013 by Ord. No. 1286]
§ 280-70 Dimensional criteria.
A.
Minimum setback for private roads, parking aisles, parking spaces and access driveways shall be 10 feet from adjacent residential zoning districts and zero feet from adjacent nonresidential zoning districts.
B.
The maximum height for all buildings shall be 35 feet; provided, however, that the building height may be increased up to 75 feet if the building is set back at least 100 feet from a public street existing at the time of preliminary plan submission that has 200 feet of frontage, and further provided that such increase in height is subject to the review and comment by the Fire Marshal.
C.
The minimum perimeter setback from every tract property line shall be 10 feet for parking structures and 10 feet for all nonparking structures. If a building has floors allocated for parking and the remainder of the building is for nonparking, then every floor allocated to parking shall be at least 10 feet from every property line; however, the upper floors that are not used for parking shall be at least 15 feet from every property line.
D.
Maximum impervious surface coverage: 90%.
E.
Maximum building coverage: 50%.
F.
All residential dwellings including apartments and condominiums shall be at least 600 square feet in floor area.
G.
The maximum number of apartments shall be limited to seven dwelling units per gross acre.
§ 280-71 Unified development and mix.
A.
The total gross floor area of all buildings shall be at least 50% residential use. Retail and other permitted nonresidential use shall be 100% of the ground floor front elevation facing a public street that has 200 feet of frontage. At least 20% of the ground floor, collectively but not individually, for all buildings shall be a nonresidential use. Buildings may combine nonresidential on the ground floor with residential on the upper floors as a live-work unit.
B.
The overall tract shall be a unified development that is approved at the same time. However, the development may be proposed in phases, provided that all public improvements are installed in the first phase. Each phase need not comply with the mix of uses in this article. However, the overall plan for the tract shall comply with the above mix of uses, and all phases shall be interrelated and interconnected.
C.
All development shall be coordinated with all existing and proposed development in the District and existing and proposed infrastructure so that the District may develop harmoniously as a whole and within the Borough generally. Coordination shall be required with respect to streets, interior and exterior, whether public or private, and with intersections, sidewalks, curbing, waterlines, sanitary sewers, stormwater BMPs, park and recreation land, open space and other infrastructure and utilities.
§ 280-72 Design standards.
A.
A manual of written and graphic design guidelines shall be prepared by the applicant and submitted for Borough approval with preliminary subdivision/land development plans. The manual shall include all plans, sketches, photographs and other images to convey the proposed use, development and redevelopment.
(2)
The manual shall address:
(a)
New buildings that will be complementary to existing buildings in terms of scale, size, height, massing, proportion, and overall design.
(b)
Streetscape elements such as on-street parking, sidewalks, crosswalks, street trees, streetlights, curbing, signage, and banners.
(c)
Civic amenities such as green areas, plazas, pergolas, gazebos, benches, kiosks, and clock towers.
(d)
Building elements such as porticos, porches, and stoops.
(e)
Building and roof materials, fenestration, and related detailing.
(f)
Storefronts and shop fronts for commercial buildings.
(g)
Landscape materials and detailing.
(h)
Specialty landscape features such as fountains, fences, walls, ramps, and railings.
(i)
Service and utility features for trash, electric, drainage, and stormwater management.
B.
An overall master plan shall be prepared and submitted as a sketch plan prior to formal submission of a preliminary subdivision/land development plan. The master plan shall demonstrate compliance with this article.
C.
Article VI, Off-Street Parking and Loading, shall apply. However, due to the uncertainty of the mix of uses, the allocation of parking spaces shall be calculated upon occupancy. If there are insufficient parking spaces for the individual proposed use at that time, then the individual proposed use shall not be permitted occupancy until the required parking spaces are made available; provided, however, that no more than 80% of the total project shall be permitted occupancy until all parking spaces are calculated, and all parking spaces are provided for the remaining 20% of the project.
D.
Apartments may only be provided as part of a live-work unit or a planned multifamily residential community.
[Amended 3-4-2013 by Ord. No. 1286]
E.
Overall streetscape design. The streetscape shall have the complete ensemble of sidewalks, buildings along sidewalks, on-street parking, street trees, streetlights, and crosswalks that interconnect throughout the Waterfront Overlay District.
F.
Street and alley network. Internal circulation shall be through an interconnected network of streets, alleys and service drives. One-way alleys and service drives shall be at least 12 feet in width, and two-way alleys and service drives shall be at least 18 feet in width.
G.
Building design.
(1)
Building width. Any building that exceeds 36 feet in width shall have pilasters, panels, bays, recesses, or projections to provide a vertical articulation to the building.
(2)
Building and parking location. Principal buildings shall be located close to sidewalks. Parking shall be located behind buildings or on the side of buildings along a primary frontage street.
(3)
Build-to lines. New buildings shall create street walls. Buildings shall collectively help to form the streetscape.
H.
Parking.
(1)
On-street parking shall be provided along streets. Such parking shall be counted toward the overall parking requirements for a use. Such parking shall be curbside and parallel in bays at least seven feet wide or angled in bays at least eight feet wide.
(2)
Off-street parking shall be located behind, underneath or within buildings to the maximum extent possible. Where necessary, parking may be located on the side of buildings. However, no off-street parking shall be located in front of buildings between the building and the curbline.
I.
Sidewalks and walkways shall be provided and shall have a minimum width of four feet six inches, and shall be interconnected with other sidewalks and walkways throughout the District. Sidewalks shall have expansion or dummy joints every four feet six inches, and each square so formed shall have a smooth trowel finish around the edges and a broom finish within each section.
J.
Crosswalks shall be provided and shall have a minimum width of six feet, and shall be interconnected with other crosswalks throughout the District. Crosswalks shall be constructed with interlocking brick pavers.
K.
Street trees, buffers, and other landscape enhancement shall be provided in the form of street trees, shade trees, flowering trees, shrubs and ground covers. Landscaping shall be installed and maintained in accordance with a landscape plan, prepared by a registered landscape architect, and shall include at a minimum:
(1)
Street trees at three- to three-and-one-half-inch caliper, every 40 feet, along both sides of all streets.
(2)
Shade trees at two and-one-half- to three-inch inch caliper within planting islands or peninsulas in off-street parking lots. Such planting islands or peninsulas shall comprise at least 5% of the total parking area square footage.
(3)
Shade trees at two-and-one-half- to three-inch caliper at a ratio of at least one such tree for every 1,000 square feet of green area.
(4)
Evergreen hedges with a minimum height of 4 1/2 feet at the time of installation to serve as a buffer in the rear of properties along any canal or other watercourse.
L.
Street lights shall be provided at intervals of at least 90 feet. Such lights shall be decorative and shall not exceed 20 feet in height. Lighting shall be installed and maintained to prevent trespass glare. No lighting at the property line of the tract perimeter shall exceed 0.5 footcandles.
M.
Curb cuts shall be minimal along any block, and vehicular access shall be provided in alleys and service drives.
N.
Street furniture and furnishings, such as benches, planters, bicycle racks, vertical pole-mounted banners and the like, shall be provided.
O.
New utilities shall be constructed and maintained underground. All waterlines shall be offered for dedication to the Borough in the event of an interconnect with any other tract in the District.
P.
Signage shall be installed and maintained in accordance with Article VII, and the design guidelines for signs on awnings, buildings, pylons and streets as set forth in the design guidelines. No sign shall be backlit.
Q.
Restaurant - sidewalk cafe. Sidewalk cafes may be provided as an accessory use to a restaurant. The following shall apply:
(1)
It shall be unlawful for any person to erect, construct or maintain a restaurant-cafe without first applying for and securing a permit therefor as hereinafter provided.
(2)
Any person who shall desire to open a restaurant-sidewalk cafe shall make application therefor (the applicant), in writing, to the Borough. Such application shall be accompanied by such application fee as required by a schedule of fees established by and amended from time to time by resolution of the Borough Council. Such application shall be made upon forms provided by the Borough and shall set forth and include the following:
(a)
The name and address of the applicant.
(b)
A plan specifying the precise location of the outdoor portion of the restaurant-sidewalk cafe, including a calculation of the proposed occupant load.
(c)
The written consent of the property owner.
(e)
The indoor seating capacity of the restaurant-sidewalk cafe.
(3)
No action shall be taken on any application for a permit under this subsection until the application has been completed in its entirety and the application fee, as required by a schedule of fees established and amended from time to time by resolution of the Borough, has been paid in full.
(4)
The applicant shall indemnify, defend and hold harmless the Borough and its Council, boards, commissions and authorities and the individual members thereof, and the officers, officials, professional consultants and employees of the Borough of and from any and all claims, demands, actions, charges, suits, and costs alleging personal injury and/or property damage which arise out of or relate or are alleged to arise out of or relate to the existence of the restaurant-sidewalk cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-sidewalk cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-sidewalk cafe.
(5)
The restaurant-sidewalk cafe shall have a minimum indoor seating capacity of 15 persons.
(6)
The restaurant-sidewalk cafe outdoor areas are required to stop seating and serving customers on or before 1:00 a.m. prevailing time, and clear all tables of food, beverages and customers on or before 2:00 a.m. prevailing time.
(7)
The applicant shall maintain the restaurant-sidewalk cafe in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to this use of restaurant-sidewalk cafe.
(8)
The applicant shall remove the outdoor portion of the restaurant-sidewalk cafe within 30 days after written notice, if the Borough determines that the restaurant-sidewalk cafe is detrimental to the health, safety and general welfare of the Borough or its citizens.
(a)
Due to pedestrian traffic changes, the restaurant-sidewalk cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;
(b)
The restaurant-sidewalk cafe interferes with the maintenance or installation of an underground utility structure;
(c)
The restaurant-sidewalk cafe is no longer being used as such;
(d)
The restaurant-sidewalk cafe has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation; or
(e)
The restaurant-sidewalk cafe is operated in violation of any ordinance, rule or regulation of the Borough.
(9)
In the event that the applicant fails to remove the restaurant-sidewalk cafe within 30 days after written notice, the Borough may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-sidewalk cafe be removed by the Borough, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the Borough and by requesting the return in writing. The responsibility for removal under the provisions of this subsection shall be the sole responsibility of the applicant without any obligation or cost assessed against the Borough.
(10)
In any location where the restaurant-sidewalk cafe is not separated from the flow of traffic by parking areas or other barriers, no table shall be located within five feet of the curb.
(11)
The restaurant-sidewalk cafe outdoor area must provide table service.
R.
Civic amenities such as green areas, plazas, pergolas, gazebos, benches, kiosks, clock towers, and the like shall be subject to evaluation through the manual referenced in Subsection A. At least 5% of the overall lot or tract shall be designed, built and maintained for civic use and green areas.
S.
A planned multifamily residential community in this Waterfront Overlay District shall comply with all of the following:
[Added 3-4-2013 by Ord. No. 1286]
(1)
Building height shall not exceed 40 feet, measured from the elevation of the intersection of the center lines of Front and Strawberry Streets to the ceiling of the highest habitable floor.
(2)
Compliance with all requirements of this Zoning Ordinance shall be in the following priority: first, with the specific requirements of § 280-29A(39); second, and to the extent not inconsistent with § 280-29A(39), all requirements of the Waterfront Overlay District as set forth in Article X hereof; and third, to the extent not inconsistent with the requirements of § 280-29A(39) and the Waterfront Overlay District regulations, the remaining, applicable requirements of this Zoning Ordinance.
(3)
To the extent that the planned multifamily residential community consists in whole or in part of apartment units, at least 75% of the total of all apartment units shall have 1,000 square feet or more of floor area, and no more than 25% of the total of all apartment units shall have less than 900 square feet of floor area. Required, private porches and decks may be included in floor area calculations. Common areas shall not be included in floor area calculations.
(4)
Each apartment unit having at least 1,000 square feet of floor area shall have individual, in-apartment, laundry facilities (washer and dryer).
(5)
Each apartment shall have a private porch or, in the case of a ground floor apartment, a private deck.
(6)
All streets shall be private, and all sanitary sewer and water facilities, excluding laterals, shall be sold to the Borough for nominal consideration by an appropriate bill of sale. All necessary easements and cross-easements shall be provided and, where necessary, dedicated to the Borough.
§ 280-73 Procedures.
A.
All applicants shall submit a master plan for all proposals. Such plans may be informally reviewed as conceptual plans in order to provide an opportunity for the Borough to make suggestions and recommendations on the design of the proposed development and in order for the applicant to demonstrate compliance with this article.
B.
The applicant shall follow the preliminary and final plan application requirements of the most recent version of the Catasauqua Borough Subdivision and Land Development Ordinance (SALDO)[1] and shall include the plans as required in the SALDO as well as those listed below.
C.
Building and parking plan.
(1)
A separate plan sheet shall be submitted to depict the proposed building program. Said plan shall indicate the proposed principal and accessory buildings, the gross square footages of all buildings, and the building heights. The building plan shall also indicate the total impervious surface coverage, existing and proposed.
(2)
Such plan shall also depict proposed surface parking and list the number of parking spaces proposed in relation to the proposed use(s).
(3)
On-street parking spaces may be counted toward the overall parking requirement whenever such parking is located along the frontage of the building that is proposed for development.
D.
Street, alley, and streetscape plan.
F.
Landscape and civic use plan.
(1)
A separate plan sheet shall be submitted to depict all proposed landscape features and civic uses.
(2)
The landscape plan shall indicate all plant types, sizes and quantities as well as the types, sizes, and materials for all paving, benches, walls, and other structures.
(3)
Such plan shall indicate all green areas and other common features.
G.
Signage plan.
(2)
A separate general site signage plan sheet shall be submitted to depict proposed signage for all such wall and window signs, as well as any proposed directional and way-finding signs, and all gateway features.
(3)
Such plan shall also depict the size, materials, colors, graphics, and anchoring details for all signs and gateway features.
I.
Phasing plan. A separate plan sheet shall be submitted to depict proposed staging or phasing of the total land development. Such plan shall be accompanied by a typed schedule.
J.
Declaration of covenants, easements and restrictions. A declaration shall be submitted to the Borough and shall be satisfactory to the Borough Solicitor.
§ 280-74 Applicability.
A.
The Waterfront Overlay District shall be as shown on the Catasauqua Borough Zoning Map.
§ 280-75 Relationship to other ordinance provisions.
In the event of a direct conflict with any other ordinance provisions, the Article X provisions shall apply.