Lower Allen Township
City Zoning Code
City Zoning Code
ARTICLE XVII
Neighborhood Redevelopment NR Overlay District
§ 220-133 Intent.
The NR Overlay District is primarily intended to:
A.
Encourage redevelopment to occur in a manner consistent with traditional patterns and scale of development, and mix of uses, that occurred prior to newer suburban development patterns;
B.
Promote a mix of diverse but compatible types of neighborhood development;
C.
Avoid development that could cause inefficient patterns of development;
D.
Provide for reasonably safe and convenient pedestrian, bicycle and vehicle circulation, with an emphasis on avoiding conflicts with vehicles backing out of garages across sidewalks;
E.
Encourage persons to work, shop, attend religious services and enjoy recreation in the neighborhood within which they live;
F.
Encourage the creation of a sense of place and a community spirit that promotes social interaction and volunteerism;
H.
Promote the goals and objectives of the Lower Allen Township Comprehensive Plan Update, 2006, as amended;
I.
Make efficient use of available public water and sewer services and other infrastructure; and
J.
Promote adaptive use and convenient reuse of land and buildings.
§ 220-134 Applicability.
A.
The Neighborhood Redevelopment (NR) Overlay District applies to R-3 Multifamily Residential, MUN Mixed-Use Neighborhood, and C-1 Neighborhood Commercial and I-3 Industrial/Commercial Zoning Districts.
B.
A NR development is a conditional use in the aforementioned zoning districts.
C.
For the purposes of this Article XVII, the words "parcel" or "lot," whether singular or plural, shall encompass planned community units under the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., as amended, and condominium units under the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended, and the lot area, lot width and yard standards of this Article XVII shall apply to each such planned community unit or condominium unit as if each unit constituted a parcel or lot.
§ 220-135 Minimum requirements.
§ 220-136 Infrastructure requirements.
A.
All proposed development within any NR shall be served by public water and public sewer.
B.
Single-family detached, side-by-side twin and townhouse dwelling unit lots are permitted to front only minor Township or local streets. All other permitted uses are permitted to front on minor Township, local or major collector street.
§ 220-137 Conditional use requirements.
A.
Applicant shall submit a conditional use (CU) application for any proposed NR.
C.
In addition to the requirements of § 220-266.1A, the applicant shall:
(1)
Demonstrate conformance with the goals and objectives of the Lower Allen Township Comprehensive Plan Update, 2006, as amended;
(2)
Provide a traffic impact study showing the impacts of the proposed development, and proposed measures to mitigate those impacts; and
(3)
Demonstrate that the proposed development will be adequately served by public safety services.
§ 220-138 Overall Master Plan (OMP).
A.
Applicant shall submit an Overall Master Plan (OMP) with the conditional use application.
B.
The OMP shall:
(1)
Show existing features, including but not limited to: roads; bridges; culverts; railroads; rights-of-way; easements; utilities; and pipelines; and the proposed changes to these features;
(2)
Show areas designated for stormwater management facilities;
(3)
Show the general layout of streets, alleys, sidewalks and trails. This shall include traffic circulation diagrams demonstrating adequate access for emergency and routine service vehicles to all areas of the proposed NR;
(4)
Show in general terms how the NR will be served by utility and transportation services;
(5)
Include documentation showing proposed plan for ownership and perpetual maintenance and protection of any common open space;
(6)
Include typical design details for streets, alleys, sidewalks, trails, public recreation facilities and common open space facilities.
C.
The OMP shall include a phasing plan and schedule for implementation of the NR. The schedule shall be developed to show that:
(1)
No more than 25% of the residential units will be constructed until at least 10% of the square footage of the nonresidential uses is constructed.
(2)
No more than 25% of the square footage of the nonresidential uses is constructed until at least 10% of the residential units are constructed.
(3)
No more than 75% of the residential units will be constructed until at least 50% of the square footage of the nonresidential uses is constructed.
(4)
No more than 75% of the square footage of the nonresidential uses is constructed until at least 50% of the residential units are constructed.
§ 220-139 Permitted uses.
After a NR conditional use has been approved, the following uses in addition to those in the underlying zoning district shall be permitted by right, provided the uses are consistent with the approved overall master plan:
A.
Single-family detached dwellings.
B.
Side-by-side twin dwellings.
C.
Townhouses.
D.
Places of worship, including: one accessory residential unit and accessory preschool uses.
E.
Libraries.
F.
Schools, from preschool through grade 12.
G.
Family care home.
J.
Multifamily dwellings.
L.
Accessory uses and structures on the same lot with and customarily incidental to any of the permitted uses in accordance with § 220-150.
M.
Publicly owned recreation uses; recreation uses and open space owned by a property owners' association.
N.
Nature preserves.
O.
Municipal facilities.
Q.
Additional nonresidential uses shall be permitted in accordance with the NAICS as follows:
NAICS No. | Category |
|---|---|
22 | Utilities |
44-45* | Retail trade, excluding Industries 4411 (Automobile Dealers) and 4412 (Other Motor Vehicle Dealers), and excluding sexually oriented business as defined by Chapter 59 of the Code of the Township of Lower Allen. Refer to said chapter for sexually oriented business regulations. |
485 | Transit and Ground Passenger Transportation |
491 | Postal Service |
492 | Couriers and Messengers |
51 | Information |
52 | Finance and Insurance |
53 | Real Estate and Rental and Leasing, excluding Industries 53113 (Lessors of Miniwarehouses and Self-Storage Units); 5321 (Automotive Equipment Rental and Leasing); and 5324 (Commercial and Industrial Machinery and Equipment Rental and Leasing) |
54 | Professional, Scientific and Technical Services |
55 | Management of Companies and Enterprises |
56 | Administration and Support and Waste Management and Remediation Services, except Industry 5617 (Services to Buildings and Dwellings); and Subsector 562, Waste Management and Remediation Services |
6111 | Elementary and Secondary Schools |
6116 | Other Schools and Instruction |
621 | Ambulatory Health Care Services |
624 | Social Assistance |
71 | Arts, Entertainment and Recreation |
721191 | Bed-and-Breakfast Inns |
722 | Food Services and Drinking Places |
81 | Other Services (Except Public Administration), except Industries 8113 (Commercial and Industrial Machinery and Equipment Repair and Maintenance, except Automotive and Electronic); and 812332 (Industrial Launderers) |
92 | Public Administration, except: Industry 92214 (Correctional Institutions) |
§ 220-140 Building height limit.
Maximum building height for principal and accessory buildings: as permitted in the underlying zoning district.
§ 220-141 Residential density.
A.
Maximum density for a NR shall be determined as follows:
(1)
Determine land area for development after deleting existing rights-of-way of existing streets, railroads, utilities, pipeline easements; area of lands within the 100-year floodplain; delineated wetlands; lands continuously covered with water; twenty-five-foot wide riparian buffer from the top of bank of any stream channel; and 85% of existing mature woodlands.
(2)
Delete 50% of lands with an average slope greater than 25% from "A".
(3)
Multiply the resulting acreage by five dwelling units per acre to result in the number of permitted dwelling units within the NR.
B.
Residential density bonus may be approved by the Board of Commissioners through the conditional use process as follows:
§ 220-142 Residential development criteria.
A.
Lot area and width:
(4)
For all other permitted uses:
(a)
There shall be no minimum lot area. Lot area shall be based on required setbacks, impervious coverage, parking, environmental limitations and other applicable criteria.
(b)
The minimum lot width shall be not less than 50 feet at the dedicated right-of-way line, and not less than 100 feet at the building line.
B.
Location of residential units:
(1)
A maximum of 10% of residential units may be live-work units, designed to accommodate one residential unit and one business use within a single unit. The total gross square footage of a live-work unit may not exceed 5,000 square feet.
(2)
A maximum of 10% of residential units may be located within multistory mixed-use structures, with nonresidential uses on the first floor and residential units above the first floor uses.
(3)
A maximum of 5% of residential uses may be accessory dwelling units, located on the same lot with a primary single-family dwelling unit. On each side of the street in any block, the number of accessory dwelling units shall not exceed 10% of the total number of units.
C.
Residential yards. Yards shall be provided as follows:
(1)
For single-family detached, side-by-side twin and townhouse dwellings:
(a)
Minimum front yard depth for principal building space: five feet.
(b)
Maximum front yard depth: 25 feet.
(c)
Minimum rear yard depth for principal building: 25 feet.
(d)
Minimum front yard depth for attached or detached garage: 20 feet from front property line, and a minimum of 15 feet more than the principal building space.
(2)
For single-family detached dwelling: minimum side yards shall total no less than 15 feet, with no one side less than five feet in width. On a corner lot, two side yards shall be provided along the interior lot lines.
(3)
For side-by-side twin dwellings: one side yard shall be provided, with a minimum width of 10 feet.
(5)
For all other permitted uses, refer to the requirements in the underlying zoning district.
D.
An unenclosed porch or deck may intrude into a required front, side or rear yard a maximum of 50% of the required setback or 10 feet, whichever is less.
E.
Chimneys, roof overhangs, rain gutters, building footings, window wells and similar features may intrude up to two feet into a required setback.
F.
Detached accessory buildings shall be set back a minimum of five feet from a side or rear lot line. Accessory buildings shall not be permitted within a front yard.
H.
A minimum of 90% of residential lots within the NR shall be deeper than they are wide by a minimum ratio of 2:1.
I.
All uses other than residential units shall provide a minimum building setback of 60 feet along the perimeter boundary of the NR when the adjacent parcel contains a residential use.
J.
If portions of the NR are designed with more than one primary building on a lot, the buildings shall be located such that yard requirements would be met if property lines are established.
K.
No building shall contain more than 48 residential units.
§ 220-143 Nonresidential development criteria.
A.
B.
Yards.
(1)
Minimum front yard depth: zero, provided that:
(a)
Required parking is provided in the rear or side yard only.
(b)
Primary access to the use is at the front property line.
(c)
Front access is part of a coordinated pedestrian access system, connecting the subject use with other commercial uses; parking spaces for the subject use; public open space.
(2)
Minimum front yard depth for principal building space: five feet.
(3)
Maximum front yard depth: 15 feet, if there is no parking in the front yard.
(4)
Maximum front yard depth: 80 feet, if there is parking in the front yard.
(5)
Minimum rear yard depth for principal building: 35 feet.
(6)
Minimum rear yard depth for principal building: 15 feet, if the building is served by rear alley access, and there is no parking permitted in the alley or rear yard.
(7)
Minimum side yard depth: zero, if designed and constructed as an integral part of a continuous commercial frontage.
(8)
Minimum side yards shall total no less than 20 feet, with no one side less than ten feet, in width. On a corner lot, two side yards shall be provided along the interior lot lines.
(9)
Minimum side yard depth: for end units, one side yard shall be provided, with a minimum width of 10 feet.
D.
If portions of the NR are designed with more than one primary building on a lot, the buildings shall be located such that yard requirements would be met if property lines are established.
§ 220-144 Impervious coverage.
The overall impervious coverage for a NR development shall not exceed 70%.
§ 220-145 Parking.
In addition to the requirements of Article XXIV, the following apply to a NR:
A.
No more than 10% of residential units shall have required parking areas within the front yard.
B.
No more than 10% of the required parking for nonresidential units shall be within front yards.
C.
Up to 50% of the required parking for nonresidential uses may be attained with on-street parking spaces.
D.
Required parking may be reduced up to 15% if it is demonstrated through the conditional use process that shared parking spaces of different primary uses will have different peak demand times for parking, and that adequate parking will be available during the peak demand periods for all uses.
§ 220-146 Open space requirements.
A.
In addition to required public recreation land, a minimum of 15% of the gross area of a NR project shall be retained as common open space reserved for passive recreational use.
B.
Common open space shall be available for use by residents of the NR and their guests free of charge, except for areas of nonintensive agriculture, horticulture, floriculture or silviculture . An annual maintenance fee assessed to all property owners for maintenance of common open space shall not be considered a charge for use of the space.
C.
Common open space may be made available for use by the general public. This shall not be cause to reduce the requirements for dedication of public recreation land.
D.
A pedestrian access and trail construction plan shall be required to provide accessibility to the common open space.
E.
Commercial uses shall not be permitted in common open space, except for community events approved by the owner of the common open space.
F.
Any area designated as common open space shall be no smaller than four times the area of the smallest residential lot within the NR, except for designated trails.
§ 220-147 Ownership and preservation of common open space.
A.
Applicant must supply documentation showing proposed plan for ownership and perpetual maintenance and protection of common open space (COS). Available methods are as follows:
(1)
COS ownership retained by applicant.
(2)
COS offered for dedication to the Township. The Board of Commissioners may accept dedication to the Township at their discretion, but there is no obligation to do so.
(3)
Ownership by a qualified conservation or preservation organization.
(4)
Ownership by a homeowners' association or condominium association.
B.
(Reserved)
C.
A conservation easement shall be provided to ensure that all common open space shall remain open in perpetuity.