Jenkintown City Zoning Code
ARTICLE XI
NCR Neighborhood Commercial Residential District
§ 181-48 Purpose and intent.
It is the intent of this article to provide regulations for mixed-use development that encompasses commercial, office and residential uses in conformance with the Borough of Jenkintown's economic development goals and the following objectives:
A.
Encourage economic development opportunities along specific portions of York Road which will act as buffers between the more intense auto-oriented uses of the Gateway Commercial District and the smaller pedestrian-friendly areas of the Town Center District.
B.
Provide opportunities for new residential development that enhances the York Road streetscape and is supportive of the Borough's commercial development.
C.
Maintain and enhance the existing community character of Jenkintown Borough.
D.
Encourage pedestrian connections within and between properties in the District and throughout the Borough.
E.
Improve the York Road streetscape by requiring that parking be contained in a parking structure or consolidated among uses to the rear/side of the properties.
F.
Provide design standards that ensure new buildings, additions and renovations are consistent with and enhance the surrounding streetscape.
G.
Assure suitable design to protect the character and property values of adjacent and nearby neighborhoods.
H.
Encourage commercial development that enhances the Borough's downtown core from an architectural and design standpoint.
§ 181-49 Permitted uses.
A lot may be used for one or more of the following uses, in compliance with the standards and requirements contained in this article:
A.
By right permitted uses:
(2)
Apartments, on the second floor and above [with the exception of apartment buildings described in § 181-49B(1), Conditional uses].
(3)
Artist live (second floor or first floor behind storefront) and work (ground floor or storefront).
(4)
Retail establishment for the sale of dry goods, variety and general merchandise, clothing, food, drugs, household supplies, beverages, hardware, furnishings, antiques, baked goods, greeting cards, plants and flowers, and the sale and repair of jewelry, watches, clocks, optical goods, musical, professional or scientific instruments, but excluding drive-through facilities.
(5)
Business or professional office.
(6)
Personal service shop, such as: tailor, barbershop, beauty salon, shoe repair, dressmaker or dry cleaner (provided that no cleaning operations are performed on the premises); excluding massage parlors, tattoo and/or body piercing parlors.
(7)
Establishment serving food or beverages to the general public, such as restaurant, cafe, taproom, tavern, retail baker, confectionery or ice cream shop, including walk-up windows, but excluding drive-through facilities.
(8)
Outdoor dining.
(9)
Financial institution, such as a bank or savings and loan association, but excluding drive-through facilities.
(10)
Health club and gym.
(11)
Religious institution and their ancillary uses.
(12)
Studio for dance, music, fitness, art or photography.
(13)
Artisan manufacturing (hand tools only; e.g., jewelry or ceramics).
(14)
Gallery and museum.
(15)
Hotel.
(16)
Government administration uses, post office, community center, public library, offices for public utilities.
(17)
Bus shelter.
(18)
Surface parking lot.
(19)
Rail facility.
(20)
Public park, plaza, square, courtyard, urban garden, and public recreation area.
(21)
Pedestrian take-out window.
(22)
Street vendor.
(23)
Farmers' market.
(24)
Indoor entertainment, sports-/theater-related.
(25)
School.
B.
Conditional uses.
(1)
Apartment buildings, provided that the following is included:
(a)
Twenty percent of the first floor of the building located along the street frontage shall be walk-in office or retail uses, not associated with the operation of the residential portion (e.g., sales office, gym, etc.).
(2)
Undertaking establishments and funeral homes.
(3)
Parking garages, provided that:
(a)
The parking structure must conform to all setback, height, bulk and landscaping requirements for buildings within this District.
(b)
When the parking garage is situated with one or more of its facades along a street, 100% of the first-floor frontage of each street-facing facade, excluding the minimum area necessary for vehicular and pedestrian accessways to such garage structure, shall be maintained for walk-in retail and service uses. These retail and service spaces shall incorporate display windows, canopies/awnings, and recessed entrance doors to enhance the parking structure.
(c)
Any portion of a parking garage that fronts a street shall have all openings (second story and above) screened along the entire facade of such structure. Screening techniques may include the use of display windows, decorative grillwork, decorative glass, decorative masonry or a combination of these methods, or similar methods so as to ensure that vehicles within the garage are screened from the view of cars and pedestrians.
(d)
Entrances and/or exits to parking structures on York Road shall be allowed only where Borough Council determines that this is the only frontage reasonably available for such entrances and/or exits. In such cases, 100% of the first-floor frontage shall still be maintained for walk-in retail and service uses, excluding vehicular and pedestrian accessways.
(e)
Deck structure visible from the street must be horizontal rather than sloping.
(f)
Parking structure facades that are visible to the public shall consist of high-quality materials such as brick, concrete banding, glass block banding or other materials characteristic of the Borough's architecture. Upper levels must use articulation or fenestration treatments that break up the massing of the garage and/or add visual interest.
(4)
Demolition of buildings included on the community's local historic resource inventory.
(a)
In order for a building to be demolished, the following conditions need to be demonstrated:
[1]
Building is structurally unsound and cannot be stabilized, as determined by a professional structural engineer specializing in historic structures.
[2]
Replacement buildings must meet the following conditions:
[a]
Provide a public amenity, such as an urban garden or a public plaza, square or courtyard pursuant to § 181-44A(3), Urban gardens, and (4), Public plazas/squares/courtyards.
[b]
Any new building must be constructed of natural materials typically found along the street upon which the subject property fronts. Natural materials include stone, brick, wood siding, shingles, slate, etc. Industrial or artificial materials, such as raw concrete finish, anodized or galvanized metal, tinted glass, plastics, vinyls, etc., are prohibited unless such materials are used in such a way as to resemble historic characteristics.
[d]
The applicant shall submit sufficient information in the form of architectural elevations and sketches of buildings in order to determine to what extent the § 181-54 design standards are being met.
[e]
Provide a cross-access easement for parking lots between adjacent nonresidential properties before an occupancy permit is issued for the newly constructed building, as described in § 181-51C(2). The parking area shall be so designed to readily accommodate shared access.
(5)
Uses determined by the governing body to be of a similar nature to the uses permitted by right in § 181-49A, Permitted uses, herein, when located in a principal or accessory building.
(6)
Medical marijuana dispensaries shall meet the following requirements:
[Added 4-24-2017 by Ord. No. 2017-1]
(a)
A medical marijuana dispensary shall provide proof of registration with the Pennsylvania Department of Health or proof that registration has been sought and is pending approval, and shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception or conditional use shall immediately become void.
(b)
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center, nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.
(d)
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.
(e)
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
(f)
A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
(g)
A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Borough Code Enforcement Officer or his or her designee. Medical marijuana remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
(h)
There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.
(i)
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under § 506 of the Medical Marijuana Act.
(j)
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(k)
The minimum size of a medical marijuana dispensary facility shall be 2,000 gross square feet in total floor area.
(l)
A medical marijuana dispensary shall submit a site plan for approval to the Borough Engineer, the Borough Planner and the Borough Zoning Officer demonstrating frontage which abuts Route 611.
(m)
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Borough Engineer, the Borough Planner, and the Borough Code Enforcement Officer. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by § 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
(n)
A medical marijuana dispensary shall provide proof of a contract with a private security company, licensed in accordance with 22 Pa.C.S.A. (the Private Detective Act),[1] and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week, and shall install panic alarms approved by the Chief of Police.
[1]
Editor's Note: See 22 P.S. § 11 et seq.
(o)
A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
C.
Prohibited uses:
(1)
Automobile or other vehicle sales service, or repair establishment, including vehicle body repair, vehicle painting, or washing.
(2)
Gasoline service station and filling station.
(3)
Drive-through window or facilities.
(4)
Self-service storage facility (mini warehouses).
(5)
Adult entertainment use.
(6)
Animal shelter/boarding kennel.
(7)
Any use not permitted in this district.
(8)
Uses determined by the governing body to be of similar nature to the prohibited uses listed in this section.
§ 181-50 Development standards.
A.
Minimum lot size: 15,000 square feet.
B.
Minimum lot width: 50 feet.
C.
Build-to-line. Buildings shall be:
(1)
Built to the sidewalk;
(2)
The setback should be the average of the two closest structures on the same side of the street with a maximum setback of 10 feet from the edge of the sidewalk; or
(3)
Set back from the sidewalk a maximum of 15 feet for purposes of a plaza, square, courtyard, recessed entrance, or outdoor dining.
D.
Side yard setback. Within the Neighborhood Commercial Residential District, there shall be no side yard setback for buildings that share a party wall. The setback between buildings shall be 10 feet (five feet per each building) when not sharing a party wall. When a Neighborhood Commercial Residential zoned property abuts a residentially zoned property, the minimum side yard setback required in the Neighborhood Commercial Residential District shall be the same as required for a residential use on the abutting residentially zoned lot.
E.
Rear yard setback:
(1)
When alleys abut the rear of Neighborhood Commercial Residential District zoned lots, no rear yard setbacks are required for two-story buildings. For buildings above two stories, the rear yard setback shall be 15 feet.
(2)
When a Neighborhood Commercial Residential District zoned property abuts a residentially zoned property, the rear yard setback required in the Neighborhood Commercial Residential District shall be the same as required for a residential use on the abutting residentially zoned lot, regardless of the number of stories.
F.
Maximum impervious coverage: 100%.
G.
Building height:
(1)
New buildings shall be a minimum of two stories.
(2)
Permitted building height by right. Building height shall be a maximum of four stories or 50 feet, provided there is a ten-foot setback (on average) from the building facade for floors above the third story.
(3)
Permitted building height by conditional use. A maximum height of six stories or 72 feet is permitted by conditional use.
H.
Maximum building footprint for nonresidential buildings: 40,000 square feet.
I.
Minimum lot area per dwelling unit. The first dwelling unit proposed shall have a minimum lot area of 1,500 square feet. For every additional dwelling unit proposed, an additional 1,200 square feet of lot area shall be required. When calculating number of units, the total number of units shall be rounded down to the smaller number if the calculation produces insufficient minimum lot area for an additional unit.
J.
Floor-to-ceiling height and floor area of ground-floor space.
§ 181-51 General requirements.
A.
A community historic structure cannot be demolished unless following a conditional use procedure as described in § 181-49B(4), Demolition of buildings. Community historic structure is defined in § 181-4, Definitions and Word Usage, and an inventory of such structures is held at the Jenkintown Borough Hall and updated from time to time, as appropriate.
B.
Public utilities. All uses shall be served by public water and sewer facilities.
C.
Surface parking.
(1)
General surface parking standards:
(a)
Vehicular access. Vehicular access to surface parking shall be from an alley or side street where possible.
(b)
Pedestrian access. Safe provisions for pedestrian access to and through a parking lot shall be required. Surface parking areas and pedestrian walkways connecting to them shall be well-lit.
(c)
Location of surface parking:
[1]
Where the applicant is to provide parking, it shall be located to the rear of the principal building or to the side (however, parking shall not be located between a building and the street). Parking shall be set back 10 feet from the legal right-of-way.
[2]
Corner lots. Surface parking shall not be permitted on corner lots that are located on collector or arterial roads.
[3]
Off-street surface parking shall not extend more than 70 feet in width along any pedestrian street frontage.
(2)
Interconnected parking areas:
(a)
Parking areas on abutting nonresidential lots shall be interconnected by access driveways, where feasible, given the location of existing buildings.
(b)
Each nonresidential lot shall provide cross-access easements for its parking areas and access driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.
(3)
Off-street parking requirements:
(b)
Parking is not required for the first two residential units located in a mixed-use building. For each unit above two units in a mixed-use building, one parking space is required for each unit.
(c)
Parking shall be required at 1.5 spaces per residential unit in an apartment building. This requirement may be fulfilled via a parking structure, surface parking that meets the above requirements of § 181-51C, Surface parking, via parking reduction strategies in § 181-71, or any combination thereof approved by Borough Council.
D.
Exterior lighting. All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well-lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites. The height of fixtures shall be a maximum of 20 feet for parking lots and 14 feet for pedestrian walkways and shall comply with the Borough's Revitalization Master Plan, where applicable.
E.
Refuse areas. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s), shall not be located in the front of the building, and shall be entirely screened by a fence or enclosure which is at least six feet high.
F.
Screening:
(1)
All wall-mounted mechanical, electrical, communication and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, landscaping or other approved means. All ground-mounted equipment shall be screened by a screen wall that matches the architectural color and finish of the building and which is a minimum of one foot taller than the highest point of the tallest unit.
(2)
All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets. The following, when above the roofline, requires screening: stairwells, elevator shafts, air-conditioning units, large vents, heat pumps and mechanical equipment.
(3)
Parking lots visible from a street shall be continuously screened by a three-foot-high wall/fence or plantings. Parking lots adjacent to a residential use shall be continuously screened by a six-foot-high wall/fence or plantings. Screening shall include:
(4)
Service and loading areas must be visually screened from street and pedestrianways. For new construction, service and loading areas must be behind the building. Loading docks shall not be on the primary street but to the side and rear of the building.
G.
Signs. Signage in the Neighborhood Commercial Residential District shall conform to the standards of Article XXI of this chapter.
H.
Street trees. Street trees are required where a building fronts on a road with street trees and where possible. Until such point that more precise standards are adopted in the Subdivision and Land Development Ordinance, street trees shall match the type, size and frequency dictated by the prevailing streetscape design of the street(s) upon which the property sits and taking into account the standards in § 181-52, Streetscape and green area standards, and Article III § 160-19 (Shade Trees) of the Subdivision and Land Development Ordinance. The provision of street trees will be reviewed by Borough Council.
I.
Outdoor dining:
(1)
Outdoor furnishings are limited to tables, chairs, and umbrellas.
(2)
Outdoor furniture shall be stored inside the restaurant after normal operating hours.
(3)
Planters, posts with ropes, or other removable enclosures, as well as a reservation podium are encouraged and shall be used as a way of defining the area occupied by the cafe.
(4)
Refuse facilities should be provided.
(5)
Advertising or promotional features shall be limited to umbrellas and canopies.
(6)
Outdoor dining cannot impede pedestrian traffic flow. A minimum pathway of at least five feet, free of obstacles, shall be maintained.
§ 181-52 Streetscape and green area standards.
A.
The following streetscape and green area standards are required for all new developments and additions/alterations along the street frontage:
(1)
Streetscape and green area standards shall relate to Jenkintown's streetscape design and be reviewed by Borough Council. The applicant shall install streetscape and green area standards consistent with existing projects within the Borough further down York Road and demonstrate that these standards are met through elevations and conceptual sketches.
§ 181-53 Bonus provisions.
A.
Bonus provisions. An increase of 0.5 FAR for a total floor area ratio of 2.5 is permitted for the following:
(1)
If a community historic structure is preserved and enhanced and/or the facade is maintained and enhanced following the conditional use standards of § 181-49B(4), Demolition of buildings, and the Secretary of Interior's Standards for Rehabilitation.
(2)
For apartment buildings, where 50% or more of the first floor of the building located along the street frontage is walk-in office or retail uses.
§ 181-54 Design standards.
A.
Pedestrian design standards:
(1)
Sidewalks are required along all street frontages, with a minimum width of eight feet.
(2)
Sidewalks are required to connect the street frontage to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.
(3)
The sidewalk pattern shall continue across driveways.
B.
Building design standards. Nonresidential buildings and apartment buildings shall meet the following requirements:
(1)
Building footprint. The maximum building footprint of nonresidential buildings shall not exceed 40,000 square feet.
(2)
Building orientation and entrances:
(a)
The front facade of buildings shall be oriented towards commercial streets, with an everyday public entrance in this front facade.
(b)
When buildings are located on corners, the entrance shall be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy or other similar building feature. Borough Council may allow front facades to face existing side streets when these facades will extend an existing commercial district along this existing side street.
(c)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(d)
All primary building entrances shall be accentuated. Entrances permitted include: recessed, protruding, canopy, portico or overhang.
(3)
Walls and windows:
(a)
Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows are not provided shall have architectural treatments that are similar to the front facade, including materials, colors and details. At least four of the following architectural treatments shall be provided:
[1]
Masonry (but not flat concrete block).
[2]
Concrete or masonry plinth at the base of the wall.
[3]
Belt courses of a different texture or color.
[4]
Projecting cornice.
[5]
Projecting metal canopy.
[6]
Decorative tilework.
[7]
Trellis containing planting.
[8]
Medallions.
[9]
Opaque or translucent glass.
[10]
Artwork.
[11]
Vertical/horizontal articulation.
[12]
Lighting fixtures.
[13]
An architectural element not listed above, as approved by the governing body, that meets the intent.
(b)
Transparency:
[1]
The ground-floor front facades of buildings visible from the pedestrian view shall consist of a minimum of sixty-percent window area and a maximum of 75%, with views provided through these windows into the business and/or product display windows.
[2]
The bottom of any window or product display window used to satisfy the above transparency requirements may not be more than three to 4.5 feet above the adjacent sidewalk.
[3]
Product display windows used to satisfy the above requirements shall have a minimum height of four feet and be internally lit.
[4]
Upper-story windows of front facades shall not be boarded or covered and shall comprise a minimum of thirty-five-percent window area in the facade above the ground floor and a maximum of 75%.
[5]
Smoked, reflective or black glass in windows is prohibited.
(4)
Roofs. Roofs shall be in keeping with the character of adjacent buildings or shall have pitched roofs. Pitched roofs shall have a minimum slope of 4:12 and a maximum slope of 12:12.
(5)
Building character. New infill development shall generally employ building types that are compatible to the historic architecture of the area in their massing and external treatment as described in the design standards of this Article XI, Neighborhood Commercial Residential District, and in the most current Jenkintown Revitalization Plan available at Borough Hall.
(6)
Architectural rhythm:
(a)
New infill development shall also retain the historic architectural rhythm of building openings (including windows and entries) of the same block.
(b)
New infill development shall also attempt to maintain the horizontal rhythm of the Borough's commercial facades by using a similar alignment of windows, floor spacing, cornices and awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle and base floors. Buildings shall have a distinct base at ground level using articulation or materials such as stone, masonry or decorative concrete. The top level should be treated with a distinct outline with elements such as projecting parapet, cornice or other projection.
(7)
Massing:
(a)
Buildings shall be similar in height and size or articulated and subdivided into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.
(b)
The massing of any facade should generally not exceed 50 feet maximum (horizontal dimension). Shopfronts may be broken down even further. Massing variations every 30 feet or less is preferred.
(c)
Nonresidential buildings must have at least a three- to five-foot break in depth in all street facades for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.
(8)
Functional articulation. Ground-floor retail or business functions should be distinguished from upper-floor residential or office space by a horizontal element such as a cornice or marquee. This detail shall match the style selected.
(9)
Proportion. Facade articulation, fenestration and massing is to match proportions of the selected style or follow classic proportioning systems such as the golden mean.
§ 181-55 Design review process.
A.
Applicability. The designated reviewer (hereafter the "reviewing body"), as established by Borough Council and as authorized by Article VII-A of the Municipalities Planning Code, shall have authority to review all applications submitted to the Borough for the following:
(1)
Construction of new buildings.
(2)
Additions and alterations which increase or decrease the size of the building by at least 20% of the building's footprint.
(3)
Modification of the exterior design features of an existing building which involves a change in the exterior materials in existence on such building. "Modification of the exterior design features," as used herein, includes but is not limited to: the addition, deletion or modification of surface materials (masonry, wood, brick, stucco), windows, doors, porches, porticos, chimneys, cornices, etc., that result in a change to the actual structure of the building. The replacement of elements that are currently part of the building's architecture for reasons of age, condition, etc., shall not require review.
(4)
Design review is not required for repainting of surfaces or the repair, restoration or reconstruction of exterior design features where such work maintains the outer dimensions and surface relationships of the existing building. Design review is not required for the replacement of doors, windows or other transparent surfaces that currently exist, provided windows and transparent surfaces are not replaced with nontransparent materials and the surface area of the replacement door, window or other transparent surface does not exceed the dimensions of the existing feature by more than 10%.
B.
Application and approval process. The application process and approval process shall be the same as those described in § 181-14B, Application process, and § 181-14C, Approval process, in Article IV, TR Traditional Residential Infill Overlay District, except to the extent that reference is made in those sections to residential dwellings.
[Amended 4-23-2012 by Ord. No. 5-2012]