Downingtown City Zoning Code
ARTICLE XVC
Neighborhood Revitalization Option
[Added 2-2-2005 by Ord. No. 2005-4]
§ 287-69.19 Intent.
The neighborhood revitalization option is established within the R-4 District, subject to further limitations described below, to encourage the investment in and revitalization of existing residential neighborhoods in the Borough prone to extensive and continuous damage from flooding and other causes. The intent of the neighborhood revitalization option is to bring about increases in property values of existing residential housing stock by:
A.
Permitting new residential development and investment to occur in areas previously not permissible due to a floodplain location;
B.
Facilitating improvements to existing infrastructure deemed inadequate;
C.
Bringing about floodplain mitigation improvements; or
D.
Redeveloping nonconforming industrial uses into residential uses thereby filling in and beautifying an existing residential neighborhood.
§ 287-69.20 Applicability and procedure.
A.
Applicability. The neighborhood revitalization option will apply only to multifamily dwelling units permitted by conditional use in the R-4 District.
B.
Conditional use review. In order to demonstrate compliance with the terms of this article, any applicant proposing an authorized neighborhood revitalization option residential use, as described in § 287-69.20A of this chapter, shall submit a neighborhood revitalization plan application (NRO plan application) to the governing body, together with such fee and such forms as may be prescribed by the governing body, with such plan application conforming to the requirements of this section and § 287-137.
C.
Conformance to other regulations. Development pursuant to the NRO plan application shall be in accordance with the zoning regulations established in §§ 287-69.21 and 287-69.22 and, where applicable, with the regulations of the underlying R-4 District, provided the NRO conditional use approval shall be in lieu of any other requirement for a special exception or other form of use approval otherwise required in the underlying district.
D.
Authority to combine hearing. The governing body shall have the authority to combine into one hearing the hearing and notice required by this section for the NRO plan application and the hearing and notice required for the underlying authorized NRO residential use.
§ 287-69.21 Use regulations.
A.
Construction in a floodplain. An applicant intending to construct a development in a floodplain must demonstrate to the satisfaction of the Borough and Borough Engineer compliance with § 287-12 of this chapter in its entirety, which is incorporated herein by reference, with the following exceptions:
(1)
Borough Council will evaluate and rule on compliance in lieu of the Zoning Hearing Board; therefore, all references to the Zoning Hearing Board are replaced with the Borough Council.
(2)
The applicant will seek conditional use approval in lieu of a special exception or variance.
(3)
The criteria for permitting development in the floodplain are those outlined under this option and supersede and shall replace those cited in § 287-12L, Hardships, in § 287-12L(1) and L(2)(b).
(4)
Section 287-12K(1): an unfinished garage at grade level shall not be considered a residential structure.
(5)
No basements shall be permitted in any new residential structures.
B.
Stormwater management.
(1)
Stormwater will be managed in accordance with § 256-54 of Chapter 256, Subdivision of Land, and with Chapter 246, Stormwater Management, in all aspects except for the design storm to which stormwater management facilities shall be designed. When approved by the Borough and Borough Engineer, the two-year design storm shall substitute for other design storms referenced, provided that the design of temporary and permanent facilities and structures meet with the approval of the Borough Engineer and/or Borough Council.
(2)
Reference to § 246-21E will not apply in the neighborhood revitalization option.
C.
Performance planning standards; density bonuses. In an effort to encourage positive planning goals such as more off-street parking, more common open space, better site planning, and the construction or funding of flood mitigation improvements, an increase in gross density shall be awarded for enhanced planning standards. Notwithstanding the provision of such increases in gross density, all other area and bulk regulations applicable to the multifamily dwelling units proposed will apply and will be calculated after any increase in gross density.
(1)
Increase in parking spaces provided.
(a)
Providing off-street parking spaces encourages a more pedestrian-friendly streetscape and frees up more on-street parking for existing residents and their visitors. In an effort to promote more off-street parking spaces in a development, a density bonus proportional to the percentage increase in parking spaces provided will be awarded, provided each dwelling unit in a development contains the minimum required parking spaces, the computation of a gross density bonus will be as follows. The average number of parking spaces per dwelling unit provided will be divided by the average number of parking spaces per dwelling unit required. If the product exceeds 100%, an increase in gross density may be awarded. The amount of such increase will be the excess percentage in parking spaces multiplied by the base density otherwise allowed, rounded down to the nearest 0.5.
(b)
Example: If existing zoning requires a minimum of two parking spaces per dwelling unit and if a proposed development contains such a minimum but provides an additional parking space for three total parking spaces per dwelling unit, the development provides an excess parking ratio of 3.0 divided by 2.0 or 50%. If the gross density normally permitted is eight dwelling units per acre, the bonus density would be calculated by multiplying 50% times the base density of eight, yielding four additional permitted dwelling units per acre for a total grass density of 12 dwelling units per acre.
(2)
Provision of greater usable open space.
(a)
The provision of greater open space, particularly when available for use as active or passive recreation, is a planning goal and should be incentivized. In an effort to promote the provision of more usable open space in a development, a density bonus will be provided as follows. The percentage of open space provided by a development will be divided by the required percentage of open space. If the product exceeds 100%, the amount of the excess over 100% will be multiplied times the base 0.5. Such bonus density will only be awarded if the open space provided is usable for passive or active recreation on at least 75% of the open space provided.
(b)
Example: If the Zoning Ordinance requires 30% open space and 50% open space is provided by a development of which 3/4 is contiguous and usable as passive or active recreation, 67% increase in open space is provided. Therefore, a sixty-seven-percent increase over the base gross density would be permitted. Should a development normally be permitted eight dwelling units per acre on a site, the density bonus under this provision would be 67% times eight or 5.4 dwelling units per acre, rounded down to 5.0 dwelling units per acre. The total number of permitted units in the development would therefore be 13 per acre (eight plus five).
(3)
Construction or funding of flood mitigation improvements. The Borough Council may award a bonus density of up to two dwelling units per acre over existing base gross density permitted.
(4)
Notwithstanding the provision of performance planning standards, in no event shall the total gross density under this neighborhood revitalization option exceed 19.0 dwelling units per acre.
§ 287-69.22 Area and bulk regulations.
All area and bulk regulations otherwise applicable to multifamily dwelling units permitted in the R-4 District will continue to apply.
