Catasauqua City Zoning Code
ARTICLE XI
W Waterfront District
[Added 8-1-2016 by Ord. No. 1335]
§ 280-76 Purpose.
The purpose of this article is to:
A.
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 District with sidewalks, crosswalks and pathways that are open to the general public.
H.
To revitalize the Borough by demolishing unsightly structures, as necessary, and replacing them with buildings and structures that are aesthetically and architecturally context sensitive, while promoting the adaptive reuse and protection of historic buildings, materials and structures in the development tract.
I.
To promote a range and diversity of housing types, shops and work places.
J.
To promote development that is consistent with the development strategy plan and the Borough's development of the municipal complex tract.
K.
Meet the conditions of eligibility of § 280-77.
§ 280-77 Conditions of eligibility.
Development within the Waterfront District shall be contingent upon the following conditions of eligibility:
A.
All development shall be served by public water and public sewer.
B.
Front Street shall be improved in accordance with a traffic study submitted by the applicant(s) and approved by Borough Council.
C.
Bridge Street shall be extended in accordance with the development strategy plan.
D.
An interconnected street and driveway network shall be created consistent with the development strategy plan.
E.
An interconnected sidewalk, crosswalk, walkway and pedestrian pathway network shall be created consistent with the development strategy plan.
F.
A mix of uses and a ratio of residential to nonresidential uses reasonably consistent with the development strategy plan.
§ 280-78 Uses.
Unless otherwise stated, the following uses are permitted by right in the Waterfront District:
A.
Mixed-use development consisting of four or more of the following uses:
(1)
Apartment.
(2)
Bakery, retail.
(3)
Bed-and-breakfast inn.
(4)
Catering for off-site consumption.
(5)
Craft beverage production facility. See Subsection B(2) below.
(6)
Craft beverage restaurant. See Subsection B(2) below.
(7)
Conference center.
(8)
Crafts or artisans studio.
(9)
Custom printing, photocopying, faxing, mailing, courier service and similar business services.
(10)
Exercise club.
(11)
Financial institution with drive-through opposite the primary frontage street.
(12)
Hobby school.
(13)
Hotel or motel, subject to § 280-29A(15).
(14)
Indoor recreation.
(15)
Live-work unit.
(16)
Library.
(17)
Museum.
(18)
Office.
(19)
Personal service establishment.
(20)
Publicly owned recreation.
(21)
Restaurant with drive-through service. See Subsection B(2) and (3) below.
(22)
Restaurant without drive-through service. See Subsection B(3) below.
(23)
Retail store.
(24)
Theater.
(25)
Townhouse/rowhouse.
(26)
Planned multifamily residential community. See Subsection B(2) below.
B.
Uses accessory to Subsection A(1) through (26) above.
(1)
Note 1: Upon the written request of an applicant and following a review and comment by the Planning Commission, Borough Council may, in its sole discretion, modify the number of uses required by this section; however, in doing so, Borough Council may place reasonable conditions upon the grant of any modifications hereunder.
(2)
Note 2: This use shall be a use permitted by special exception even though part of a mixed-use development and, therefore, the special exception requirements of this Zoning Ordinance shall apply to such use.
(3)
Note 3: A restaurant may provide outdoor seating in accordance with § 280-81P.
(4)
Note 4: Upon the written request of an applicant and following a review and comment by the Planning Commission, Borough Council may, in its sole discretion, grant bonuses with respect to density, building coverage, building height and other dimensional standards applicable to the use when the applicant complies with § 280-82K.
(5)
Note 5: Enhanced lot area calculation. For the purpose of density calculations only, an applicant shall be permitted to include land in the municipal complex tract in its calculation of lot area applicable to the development tract or any portion thereof. The amount of municipal complex tract land to be included in the enhanced lot area calculation shall be in the same proportion as the applicant's land is to the development tract. By way of example, if the applicant's land to be developed represents 50% of the total amount of land in the development tract, then the applicant's lot area may be enhanced by including 50% of the land in the municipal complex tract. This note shall apply only to the initial development of the land in the development tract. If development tract land is developed and the lot area enhancement is not used, it shall not be available for other development in the development tract or to subsequent applicants without the approval of Borough Council, which may impose conditions on such use.
§ 280-79 Dimensional standards.
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, measured from the elevation of the center of the intersection of Front Street and Strawberry Street, shall be 45 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.
C.
The maximum perimeter setback from every development tract property line along a public street shall be 10 feet for parking structures and 10 feet for all nonparking structures. The foregoing setback may be enlarged for a nonparking structure where the extended area is necessary to accommodate a use which is integral, or accessory, to the permitted use and such use would otherwise interfere with the functioning of the sidewalk or the pedestrian right-of-way, such as an area to accommodate outdoor seating for a restaurant.
D.
Maximum impervious surface coverage for the entire Waterfront District: 80%.
E.
Maximum building coverage for the entire Waterfront District: 65%.
F.
All residential dwellings, including apartments and condominiums, shall be at least 650 square feet in floor area.
G.
The maximum number of apartments shall be 15 dwelling units per gross acre for the entire Waterfront District.
§ 280-80 Unified development standards.
A.
The development tract shall be a unified development that is approved at the same time. However, the development may be proposed in phases in accordance with the requirements of applicable law and the overall master plan. Each phase need not comply with the mix of uses in this article. However, the overall master plan for the tract shall comply with the above mix of uses and the development strategy plan, and all phases shall be interrelated and interconnected.
B.
The applicant may subdivide the tract in order to create separate leaseholds, boundaries for mortgages or other purposes, provided such subdivision is shown in a recorded subdivision plan. The above notwithstanding, the laying out, proposal, design or construction of public or private streets shall not in and of itself create a lot or subdivision within a mixed use development authorized hereunder, and the intent to subdivide shall be clearly depicted on the recorded subdivision plan.
[Amended 11-5-2018 by Ord. No. 1375]
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 generally develop harmoniously as a whole and within the Borough. Coordination shall be required with respect to streets, interior and exterior, whether public or private, and with intersections, sidewalks, crosswalks, curbing, waterlines, sanitary sewers, stormwater BMPs, park and recreation land, open space, and other infrastructure and utilities.
§ 280-81 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.
(1)
The manual shall be prepared by:
(a)
A registered architect; and
(b)
A registered landscape architect.
(2)
The manual shall address:
(a)
New buildings that will be complementary to one another 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, and kiosks.
(d)
Building elements such as porticos 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, piers, planters, ramps, and lighting.
(i)
Service and utility features for trash, electric, drainage, and stormwater management.
(j)
Evidence of reasonable compliance with the development strategy plan.
B.
An overall master plan shall be prepared and submitted in a form consistent with the sketch plan requirements of the Catasauqua Borough Subdivision and Land Development Ordinance[1] prior to formal submission of a land development plan. The master plan shall demonstrate compliance with this article and shall be reasonably consistent with the development strategy plan.
[1]
Editor's Note: See Ch. 235, Subdivision and Land Development.
C.
Article VI, Off-Street Parking and Loading, shall apply except as to the number of parking spaces required. Instead, the applicant shall submit to the Borough for review and approval a master plan for parking, prepared in accordance with the requirements of § 280-82C.
D.
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 District.
E.
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 10 feet in width, and two-way alleys and service drives shall be at least 18 feet in width.
F.
Building design.
(1)
Building width. Any building that exceeds 36 feet in width shall have pilasters, piers, panels, bays, recesses, or projections to provide a vertical articulation of bays to a building.
(2)
Building location. Principal buildings shall be located close to sidewalks. Building location and design shall recognize and accommodate significant, natural features.
(3)
Build-to lines. New buildings shall create street walls. Buildings shall collectively help to form the streetscape. If certain typographic, hydrologic, and/or other site constraints preclude the ability to achieve the street wall, then a street wall solution with low walls, and/or piers and fences, shall be installed and maintained.
(4)
Building design and materials. All proposed architectural features shall be subject to evaluation through the manual referenced in Subsection A.
(5)
Building design shall be subject to review in accordance with the procedures set forth in § 280-82A through J and, if applicable, § 280-82K(2) through (4).
G.
Parking.
(1)
On-street parking shall be provided along private and public streets to the maximum extent possible in bays at least seven feet wide and 22 feet in depth. Such parking shall be counted toward the overall parking requirements for a use.
(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.
H.
Sidewalks and walkways shall be provided and shall have a minimum width of five feet, and shall be interconnected with other sidewalks and walkways throughout the district. Sidewalks shall have expansion or dummy joints every five feet, and each square so formed shall have a smooth trowel finish around the edges and a broom finish within each section.
I.
Crosswalks shall be provided and shall have a minimum width of six feet, and shall be interconnected with other crosswalks throughout the district. Crosswalks may be continental-type parallel white bars.
J.
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, following the requirements of the Catasauqua Shade Tree Ordinance (codified at Chapter 245) and shall include, at a minimum:
(1)
Street trees at two-and-one-half- to three-inch caliper, every 40 feet, along both sides of all streets.
(2)
Shade trees at two- to two-and-one-half-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 36 inches to 42 inches at the time of installation to serve as a buffer to off-street parking lots.
K.
Street lights shall comply with the following design standards:
(1)
Be installed and maintained on average at ninety-foot intervals.
(2)
Be decorative, and not exceed 20 feet in height.
(3)
Be installed and maintained to prevent trespass glare.
(4)
Be less than 0.5 footcandle at the property line of the tract perimeter.
(5)
Be unified in design as LED-type lights.
(6)
Have a flat black color for all light posts, pole arms, and the housing for the light globes.
L.
Curb cuts shall be minimal along any block, and vehicular access shall be provided in alleys and service drives.
M.
Street furniture and furnishings, such as benches, planters, bicycle racks, vertical pole-mounted banners, and the like shall be provided.
N.
New utilities shall be constructed and maintained underground. All waterlines and sewer lines, exclusive of laterals, shall be offered for dedication to the Borough.
O.
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 manual of design guidelines. No sign shall be backlit.
P.
Restaurant outdoor seating guidelines. In accordance with § 280-78A(21) and (22), restaurants may provide seating outdoors in accordance with the following requirements:
(1)
Any person who shall desire to provide outdoor seating in connection with a restaurant shall obtain a zoning permit therefor and shall identify, among other things, the indoor and outdoor seating capacity and provide a plan depicting, with reasonable specificity, the location of the outdoor service area, the number and locations of tables and seating and any other information required by this section or the Zoning Officer.
(2)
The applicant shall maintain the restaurant outdoor seating areas in accordance with all applicable Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough.
(3)
The applicant shall remove the outdoor seating within 30 days after written notice if the Borough determines that the outdoor seating is detrimental to the health, safety and general welfare of the Borough or its citizens.
(a)
Due to pedestrian traffic changes, the restaurant outdoor seating narrows the sidewalk to the extent that pedestrian traffic is impeded;
(b)
The restaurant outdoor seating interferes with the maintenance or installation of an underground utility structure;
(c)
The restaurant outdoor seating is no longer being used as such;
(d)
The restaurant outdoor seating has been temporarily or permanently closed for violation of any Borough, state or federal law and/or regulation; or
(e)
The restaurant outdoor seating is operated in violation of any ordinance, rule or regulation of the Borough.
(4)
In any location where the restaurant outdoor seating is not separated from the flow of traffic by on-street parking areas or other barriers, then no table shall be located within five feet of the curb.
(5)
The restaurant shall provide table service to the outdoor seating area.
(6)
The restaurant outdoor seating area shall not impede pedestrian circulation.
Q.
Civic amenities such as pocket parks, green areas, plazas, pedestrian gathering areas, pergolas, pavilions, gazebos, benches, kiosks, 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, and shall be subject to the procedures set forth in § 280-82A through J and, if applicable, § 280-82K.
R.
A planned multifamily residential community in this Waterfront District shall comply with all of the following:
(1)
Building height shall not exceed 45 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 District as set forth in Article XI hereof; and third, to the extent not inconsistent with the requirements of § 280-29A(39) and the Waterfront District regulations, the remaining applicable requirements of this Zoning Ordinance.
(3)
Each dwelling unit shall have a minimum habitable floor area of 650 square feet.
(4)
All streets within the multifamily residential community shall be private at the option of the Borough, and all sanitary sewer and water facilities, excluding laterals, shall be sold to the Borough for nominal consideration of $1 by an appropriate bill of sale. All necessary easements and cross-easements shall be provided and where necessary, offered for dedication to the Borough for nominal consideration of $1.
§ 280-82 Procedures.
A.
All applicants shall submit a master plan for all proposals meeting the sketch plan requirements of the Borough Subdivision and Land Development Ordinance.[1] 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.
[1]
Editor's Note: See Ch. 235, Subdivision and Land Development.
B.
The plans shall conform to the Catasauqua Borough Zoning Ordinance, as well as the preliminary and final plan application requirements of the most recent version of the Catasauqua Borough Subdivision and Land Development Ordinance (SALDO), and shall include the plans as required in the SALDO as well as those listed below.
C.
Building and parking plan.
(1)
A separate building 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)
The building plan sheet shall contain an overall master parking plan which shall depict proposed parking and list the number and location of parking spaces proposed in relation to the proposed use(s). In this regard, see also § 280-81C.
(3)
The building and master parking plan sheet shall be subject to the review and approval of the Borough and upon approval shall be implemented as part of the land development plan for the development tract.
D.
Street, alley, and streetscape plan.
(1)
A separate plan sheet shall be submitted to depict the proposed interconnected street, alley, and service drive network. Such plan shall indicate all street widths and right-of-way widths.
(2)
Such plan shall indicate all materials, depths of pavement courses, and gradients.
(3)
Traffic impact study.
(a)
A traffic impact study shall be submitted for every development plan which involves one or more of the following:
[1]
Generation of greater than 500 new, daily average, weekday average vehicle trips (total of inbound and outbound);
[2]
Generation of 50 or more new a.m. or p.m. peak-hour trips during the peak hour of the adjacent streets or of the development.
(b)
The traffic impact study area and scope shall be based on the characteristics of the surrounding area and the impact of the plan on the area. Prior to initiation of the study, the area and scope shall be mutually agreed upon between the Borough Engineer and the traffic engineer preparing the study.
(c)
The traffic impact study shall be prepared by a professional engineer registered in Pennsylvania with specific training in traffic and transportation engineering, at least four years of experience related to preparing traffic studies for existing or proposed developments, and sufficient prior traffic study experience to qualify the engineer to render any opinions and recommendation in the study. The study shall be prepared in accordance with PennDOT Publications and Procedures for Transportation Impact Studies, Publication 46, Traffic Engineering Manual, and Institute of Transportation Engineers (ITE) recommended practice, Transportation Impact Analyses for Site Development, or with respect to all or any successor publications thereto.
E.
Pedestrian access plan.
(1)
A separate plan sheet shall be submitted to depict the proposed interconnected network for pedestrian access, including sidewalks, crosswalks, and pathways.
(2)
Such plan shall indicate all materials and gradients for sidewalks, crosswalks, and pathways.
F.
Landscape plan and public realm plan.
(1)
A separate plan sheet shall be submitted to depict all proposed landscape features and public realm features.
(2)
The landscape plan shall indicate all plant types, sizes and quantities as well as the types, sizes, and materials for all paving, plazas, benches, walls, piers, planters and other structures.
(3)
Such plan shall indicate all green areas and other common features.
G.
Signage plan.
(1)
The provisions of Article VII shall apply.
(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 wayfinding 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.
H.
Utilities plan and lighting plan.
(1)
A separate plan sheet shall be submitted to depict all proposed utilities and lighting.
(2)
Such plan shall indicate all proposed types, sizes, and materials of utilities and lighting that are proposed.
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.
K.
Bonus provisions. Borough Council, upon review and recommendation of the Borough Planning Commission, may grant bonuses for density, building coverage, building height, or other dimensional standards, provided that at least three of the following value-added features are proposed:
(1)
Streetscape improvements, including, without limitation, decorative street lights, benches, bicycle racks, and waste receptacles are designed along the street frontages.
(2)
Buildings are designed with context-sensitive features for the proposed architecture, reflecting the historical significance of the property and environs.
(3)
Buildings or structures are adaptively reused.
(4)
Building materials existing on the site and having historical value are reused in new construction.
(5)
Green infrastructure in the form of green roofs, rain gardens, and the like, are designed to the satisfaction of the Borough Engineer.
(6)
Buildings are designed to achieve at least a LEED Bronze certification.
(7)
The development tract is planned and designed to achieve LEED-ND (LEED for neighborhood design) certification.
(8)
Parking is designed and built in excess of the master parking plan for off-street parking in the Borough, subject to the review and approval of the Borough.
(9)
The development tract is designed, built, and maintained for civic use and green areas, in excess of the 5% required in § 280-81Q.
§ 280-83 Definitions.
As used in this article, the following terms shall have the meanings indicated:
DEVELOPMENT STRATEGY PLAN
Section 4, titled "Design Solutions," as contained in the pamphlet titled "The Iron Works Catasauqua, Pennsylvania 2014," by Spillman Farmer Architects et al., a copy of which is available at the Borough office.
DEVELOPMENT TRACT
All land in the Waterfront Zoning District not included in the municipal complex tract, subject to the unified development standards set forth in § 280-80.
MUNICIPAL COMPLEX TRACT
That parcel of land owned and developed by the Borough of Catasauqua as a municipal complex, all as depicted on an approved and recorded subdivision plan.
§ 280-84 Applicability.
The Waterfront District shall be as shown on the Catasauqua Borough Zoning Map.
§ 280-85 Relationship to other provisions.
In the event of a direct conflict with any other ordinance provisions, the Article XI provisions shall apply.
