New Britain City Zoning Code
ARTICLE V
District Requirements 1
§ 450-15 R-1 Residential District.
A.
Purpose. The R-1 Residential Districts are intended to retain the low-density residential character of the Borough.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Dwelling, single-family detached | ||
Public recreation facility | ||
Cemetery | ||
Forestry/timber harvesting [Added 4-10-2001 by Ord. No. 287] | ||
Office, governmental | ||
Temporary structure or use | ||
Accessory uses or structures limited to: | ||
Accessory family apartment | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Recreational vehicle | ||
Residential accessory building or structure | ||
(2)
Uses permitted by special exception.
Bed-and-breakfast | |
Place of worship | |
School | |
Utilities |
D.
§ 450-16 R-2 Residential District.
A.
Purpose. The R-2 Residential Districts are intended to provide areas for multifamily, townhouse (attached) and two-family dwellings with open space preserved and for small-lot single-family detached dwellings.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Cemetery | ||
Dwelling, single-family detached | ||
Dwelling, two-family | ||
Forestry/timber harvesting. [Added 4-10-2001 by Ord. No. 287] | ||
Multifamily | ||
Office, government | ||
Performance subdivision | ||
Public recreation facility | ||
Temporary structure or use | ||
Townhouse | ||
Accessory structures or uses limited to the following: | ||
Accessory family apartment | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Recreational vehicles | ||
Residential accessory building | ||
(2)
Uses permitted by special exception.
Place of worship | |
Residential conversion | |
School | |
Utilities |
D.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
§ 450-17 VH Village Historic District.
A.
Purpose. The VH Village Historic District is intended to protect the residential character of the area at the historic center of New Britain; to encourage the preservation of traditional structures. The Zoning Ordinance regulations are intended to preserve and promote a continuation of the residential uses and to allow home offices within the residences where these home offices meet the intent and requirements of this chapter.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Cemetery | ||
Dwelling, single-family detached | ||
Forestry/timber harvesting [Added 4-10-2001 by Ord. No. 287] | ||
Office, governmental | ||
Place of worship | ||
Public recreational facility | ||
Temporary structure or use | ||
Accessory structures or uses limited to: | ||
Accessory office | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Boarding | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Recreational vehicle | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Accessory family apartment | |
Bed-and-breakfast | |
Funeral home | |
Library or museum | |
Residential conversion | |
School | |
Utilities |
§ 450-18 MHP Mobile Home Park District.
A.
Purpose. The MHP Mobile Home Park District is intended to provide for an area of sufficient size and density to accommodate mobile home development.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Dwelling, single-family detached | ||
Dwelling, two-family | ||
Forestry/timber harvesting. [Added 4-10-2001 by Ord. No. 287] | ||
Office, governmental | ||
Mobile home park | ||
Public recreational facility | ||
Temporary structure or use | ||
Accessory uses or structures limited to: | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Utilities |
D.
Area and dimensional requirements.
(1)
E.
Additional requirements for mobile home park.
(1)
A twenty-five-foot-wide planted buffer yard shall be required on all boundaries of the site. No mobile home shall be placed in the buffer yard.
(2)
Mobile homes shall be separated by a distance of at least 24 feet.
(3)
Each mobile home pad shall have a minimum dimension of 60 feet by 12 feet.
(4)
Each mobile home pad shall have access to a public street or a street built to Borough public street standards. A minimum setback of 20 feet from the street line is required.
(5)
Each mobile home shall be placed on a concrete pad with at least one tie-down at each of the four corners.
(6)
The area between the ground and the perimeter of the mobile home shall be enclosed by means of a masonry wall.
§ 450-19 C-1 Commercial District.
A.
Purpose. The C-1 Commercial Districts are intended to allow for commercial activities along Butler Avenue in areas where commercial establishments exist.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Bank or financial establishment | ||
Cemetery | ||
Commercial recreational or sports facility | ||
Community center | ||
Day-care center | ||
Dwelling, single-family detached | ||
Eating place | ||
Emergency services | ||
Forestry/timber harvesting. [Added 4-10-2001 by Ord. No. 287] | ||
Library/museum | ||
Nursery/greenhouse/garden center | ||
Nursing home or personal care boarding home | ||
Office, business or professional | ||
Office, governmental | ||
Office, medical | ||
Place of worship | ||
Public recreational facility | ||
Repair shop | ||
Retail trade and services | ||
Temporary structure or use | ||
Trade or commercial school | ||
Veterinary office | ||
Accessory uses or structures limited to the following: | ||
Accessory office | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Apartment in conjunction with a permitted nonresidential use | ||
Boarding | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Nonresidential accessory structure | ||
Recreational vehicle | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Accessory family apartment | |
Automobile sales | |
Automobile service station or car wash | |
Funeral home | |
Kennel | |
Private club | |
Residential conversion | |
School | |
Utilities |
(3)
Uses permitted by conditional use.
[Added 5-8-2018 by Ord. No. 386]
Medical marijuana dispensary |
D.
§ 450-20 C-2 Commercial District.
A.
Purpose. The C-2 Commercial Districts are intended to allow for small-scale neighborhood commercial, service, and office uses along Butler Avenue in areas where commercial establishments exist.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Bank or financial establishment | ||
Cemetery | ||
Commercial recreational or sports facility | ||
Community center | ||
Day-care center | ||
Dwelling, single-family detached | ||
Eating place | ||
Emergency services | ||
Forestry/timber harvesting. [Added 4-10-2001 by Ord. No. 287] | ||
Hotel/motel | ||
Library/museum | ||
Nursery/greenhouse/garden center | ||
Nursing home or personal care boarding home | ||
Office, business or professional | ||
Office, governmental | ||
Office, medical | ||
Place of worship | ||
Public recreational facility | ||
Repair shop | ||
Retail trade and services | ||
Temporary structure or use | ||
Trade or commercial school | ||
Veterinary office | ||
Accessory uses or structures limited to the following: | ||
Accessory office | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Apartment in conjunction with a permitted nonresidential use | ||
Boarding | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Nonresidential accessory structure | ||
Recreational vehicle | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Accessory family apartment | |
Funeral home | |
Private club | |
Residential conversion | |
School | |
Utilities |
(3)
Uses permitted by conditional use.
[Added 5-8-2018 by Ord. No. 386]
Medical marijuana dispensary. |
§ 450-21 C-3 Commercial District.
A.
Purpose. The C-3 Commercial Districts are intended to allow for professional offices on properties with frontage on Butler Avenue. This district is not designed or suitable for retail uses, consumer services, eating places, or convenience commercial.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
(1)
Uses permitted by right.
Cemetery | ||
Dwelling, single-family detached | ||
Forestry/timber harvesting. [Added 4-10-2001 by Ord. No. 287] | ||
Office, business or professional | ||
Office, governmental | ||
Office, medical | ||
Place of worship | ||
Public recreational facility | ||
Temporary structure or use | ||
Veterinary office | ||
Accessory uses or structures limited to the following: | ||
Accessory office | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Apartment in conjunction with a permitted nonresidential use. [Added 5-8-2018 by Ord. No. 386] | ||
Boarding | ||
Home occupation | ||
Microwave or satellite dish antenna | ||
Recreational vehicle | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Accessory family apartment | |
Apartment in conjunction with a permitted nonresidential use | |
Bed-and-breakfast | |
Residential conversion | |
School | |
Utilities |
(3)
Uses permitted by conditional use.
[Added 5-8-2018 by Ord. No. 386]
Medical marijuana dispensary |
§ 450-22 HC Historic Commercial District.
A.
The Historic Commercial District is intended to promote and preserve the historic and limited craft/commercial character of the area around the historic Godshalk's Mill.
[Amended 5-8-2018 by Ord. No. 386]
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses, buildings, or structures shall comply with such regulations as yard, lot sizes, lot width, building area, heights, impervious surfaces, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Permitted uses.
(1)
Uses permitted by right.
Dwelling, single-family detached | ||
Craft village | ||
Forestry/timber harvesting [Added 4-10-2001 by Ord. No. 287] | ||
Library/museum | ||
Office, business or professional | ||
Office, governmental | ||
Office, medical | ||
Public recreation facility | ||
Repair shop | ||
Temporary structure or use | ||
Accessory uses or structures limited to the following: | ||
Accessory office | ||
Home occupation | ||
Nonresidential accessory structure | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Accessory family apartment | |
Apartment in combination with a permitted nonresidential use | |
Bed-and-breakfast | |
Outside storage and display | |
Residential conversion | |
Utilities |
(3)
Uses permitted by conditional use: none.
[Amended 4-14-2015 by Ord. No. 361]
D.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
Single-family detached dwellings and other permitted uses except for craft village.
§ 450-23 SC Shopping Center District.
A.
Purpose. The SC Shopping Center District is intended to provide for retail and service uses and office uses in a coordinated shopping center with adequate parking and which is accessible from arterial roads.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses, buildings, or structures shall comply with such regulations as yard, lot sizes, lot width, building area, heights, impervious surfaces, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Permitted uses.
(1)
Uses permitted by right.
Bank or financial establishment | |
Beer/soda distributor | |
Commercial recreation or sports facility | |
Convenience store | |
Day-care center | |
Eating place | |
Forestry/timber harvesting [Added 4-10-2001 by Ord. No. 287] | |
Microwave or satellite dish antenna | |
Office, business or professional | |
Office, governmental | |
Office, medical | |
Public recreation facility | |
Repair shop | |
Retail store, large | |
Retail trade and services | |
Shopping center | |
State liquor store | |
Temporary structure or use | |
Trade or commercial school | |
Veterinary office | |
Nonresidential accessory structure |
(2)
Uses permitted by special exception.
Utilities | |
Emergency services |
(3)
Uses permitted by conditional use.
Eating place with drive-through service | |
Medical marijuana dispensary [Added 5-8-2018 by Ord. No. 386] |
D.
§ 450-24 LI Light Industrial District.
A.
Purpose. The purposes and intent of the LI Light Industrial District are to permit light industrial development located along the railroad line, to ensure that development has sufficient setbacks, buffers, and limits on intensity of development to preserve the overall residential character of the Borough, to protect environmental features, including woodlands, slopes, wetlands and floodplains, and to ensure that industrial development along Butler Avenue is consistent with the Borough's corridor planning and streetscape standards.
[Amended 3-11-2008 by Ord. No. 323; 5-8-2018 by Ord. No. 386]
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses, and no other, provided that such use, buildings, or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface coverage, easement, buffer yard, off-street parking and other requirements as specified in this chapter.
[Amended 5-8-2018 by Ord. No. 386]
C.
Permitted uses.
[Amended 4-13-1999 by Ord. No. 279; 9-14-1999 by Ord. No. 281; 4-10-2001 by Ord. No. 287; 3-11-2008 by Ord. No. 323; 4-14-2015 by Ord. No. 361; 5-8-2018 by Ord. No. 386]
(1)
Uses permitted by right.
Contractor service |
Forestry/timber harvesting |
Microwave or satellite dish antennas |
Motel/hotel |
Nonresidential accessory building |
Nonresidential accessory structure |
Nursery/greenhouse/garden center |
Office, business or professional |
Office, governmental |
Public recreation facility |
Research |
Temporary use or structure |
Utilities |
Veterinary office |
(2)
Uses permitted by special exception. The following uses may be permitted by special exception. However, the following uses shall not be permitted on lots which front on or which take access from Butler Avenue/Route 202.
Adult commercial |
Automobile body repair or paint shop |
Fuel storage and distribution |
Light manufacturing |
Sober living facility |
Telecommunications facility |
Truck sales |
Warehousing and distribution |
Wholesale trade |
(3)
Uses permitted by conditional use.
Lawful use not otherwise permitted |
Medical marijuana dispensary |
Medical marijuana grower/processor |
D.
E.
Additional requirements.
(1)
For any subdivision or land development of land within the LI District, the applicant shall show the tract of land as a whole, including planned or potential uses for each piece of property. Each use must provide for entrance and egress onto an internal road that has been designed for the tract of land that is being subdivided or developed. Subdivision of a tracts larger than two acres into individual lots is discouraged in favor of a unified land development.
(2)
Each proposed use shall be constructed in accordance with an overall plan, which shall be designed as a single architectural style.
(3)
Stormwater management facilities and the road system shall be designed to serve the entire tract.
(4)
Lots or properties which front on or take direct access to Butler Avenue (Route 202-Business) shall meet the following additional requirements:
[Added 3-11-2008 by Ord. No. 323; amended 5-8-2018 by Ord. No. 386]
(a)
All development authorized by subdivision, land development, or zoning permit shall include elements that contribute to the streetscape of Route 202. All development shall include sidewalks, street trees, and access management.
(b)
Access points shall be combined with access points on adjoining lots or shall be located along a property line to accommodate future shared access points.
(c)
All plans for subdivision, land development, or zoning permits shall include an overall site plan that indicates relationships to surrounding properties and how the proposed development will contribute to the streetscape improvements for Butler Avenue/Route 202.
§ 450-25 C-U College/University District.
A.
Purpose. The purpose of the C-U College-University District is to allow for Delaware Valley College and the uses associated with the college.
B.
A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses, buildings, or structures shall comply with such regulations as yard, lot sizes, lot width, building area, heights, impervious surfaces, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Permitted uses.
(1)
Uses permitted by right.
Cemetery | ||
College or university | ||
Day-care center | ||
Dormitory | ||
Dwelling, single-family detached | ||
Forestry/timber harvesting [Added 4-10-2001 by Ord. No. 287] | ||
Kennel | ||
Library or museum | ||
Microwave or satellite dish antenna | ||
Office, governmental | ||
Place of worship | ||
Private club | ||
Public recreation facility | ||
Research | ||
School | ||
Temporary use or structure | ||
Trade or commercial school | ||
Veterinary office | ||
Accessory uses or structures limited to the following: | ||
Accessory spa or hot tub | ||
Accessory swimming pool | ||
Home occupation | ||
Nonresidential accessory structure | ||
Recreational vehicles | ||
Residential accessory structure | ||
(2)
Uses permitted by special exception.
Bed-and-breakfast | |
Commercial recreation or sports facility | |
Eating place as accessory to a college only | |
Utilities |
D.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
Uses not part of or accessory to the principal use, college.
E.
Additional requirements.
(1)
Eating place and veterinary office are permitted only where they are accessory to a college use.
(2)
Uses which are part of or accessory to a college use are not subject to the yard and setback requirements for each individual structure, but the overall development of the college shall comply with the lot area, yard, and setback requirements of this section.
§ 450-26 E-I Educational Institutional District.
A.
Purpose. The E-I Educational Institutional Districts are intended to maintain the character of areas currently used by educational institutions and hospitals.
[Amended 3-12-1996 by Ord. No. 266]
B.
A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses, buildings, or structures shall comply with such regulations as yard, lot sizes, lot width, building area, heights, impervious surfaces, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Permitted uses.
[Amended 3-12-1996 by Ord. No. 266; 4-10-2001 by Ord. No. 287; 4-11-2006 by Ord. No. 305]
(1)
Uses permitted by right.
Forestry/timber harvesting | ||
Hospital | ||
Library or museum | ||
Office, governmental | ||
Place of worship | ||
Public recreation facility | ||
School | ||
Temporary use or structure | ||
Accessory uses or structures limited to the following: | ||
Nonresidential accessory structure | ||
Accessory swimming pool related to a permitted use | ||
(2)
Uses permitted by special exception.
Community center | |
Emergency services | |
Psychiatric center | |
Utilities |
D.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section.
[Amended 4-11-2006 by Ord. No. 305]
§ 450-27 P-OS Park and Open Space District.
A.
Purpose. The P-OS Park and Open Space Districts are intended protect the park and open space areas of the Borough from development.
B.
A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses, buildings, or structures shall comply with such regulations as yard, lot sizes, lot width, building area, heights, impervious surfaces, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
§ 450-28 Historic Overlay District.
[Added 9-11-2007 by Ord. No. 317]
A.
Purpose. The Borough Council of New Britain Borough declares that the preservation of buildings in the Borough having historical, architectural and or cultural importance is a significant public objective warranting the promulgation of an ordinance designed to establish criteria for the identification of buildings of historical, cultural and or architectural value and to prevent the demolition of such buildings upon the application of procedures and standards which are intended to assess the impact that the demolition of such structures would have upon the historic, cultural and or architectural values within the Borough.
B. BUILDING CONTRIBUTING STRUCTURE OR BUILDING DEMOLITION or DEMOLISH HISTORIC INVENTORY STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any construction having a minimum of three enclosed walls and a roof and includes outbuildings located on the same property as the building and includes as well any contributing structure or contributing building.
A building that retains historic or cultural or architectural significance and contributes to the historic or cultural or architectural qualities of the historic district.
The razing, destruction, covering or dismantling of 50% or more of the perimeter walls of a structure. "Demolition" includes the removal of a building from its site or the removal, stripping, concealing or destruction of the facade or roof line or any significant exterior architectural features which are integral to the historic or architectural or cultural character of the building and facing the public street, for whatever purpose, including but not limited to new construction or reconstruction.
Pertaining to historic or cultural or architectural values.
The New Britain Borough Historic Building Inventory, a list of buildings in New Britain Borough having historical or cultural or architectural significance, identified by the HPC and approved by New Britain Borough Council.
A building.
C.
Establishment of overlay district.
(1)
A separate zoning district entitled "The Historic Preservation Overlay District" is hereby created and shall overlie all zoning districts, but shall apply only to those lots containing a building or contributing building identified in the inventory. The Overlay District shall be recorded on the Borough Zoning Map.
(2)
All of the zoning, subdivision and land development and Uniform Construction Code regulations pertaining to the underlying zoning districts throughout the Borough shall remain in full force and effect, except that the demolition of buildings in the Overlay District shall only occur in compliance with this chapter.
D.
Criteria and procedures for identifying buildings for inclusion in the New Britain Borough Historic Building Inventory.
(1)
Any building satisfying at least one of the following criteria may be included on the inventory:
(a)
Any building designated by the Secretary of the Interior as a National Historic Landmark.
(b)
Any building listed in the National Register of Historic Places.
(c)
All buildings classified as "Certified Historic Structures" by the Secretary of the Interior.
(d)
A building that is a contributing building that is listed on or eligible for the National Register of Historic Places.
(e)
Any building that is at least 50 years old and:
[1]
Is associated in some significant way with the historic, cultural or architectural development of the Borough, county, region, state or nation;
[2]
Is associated in some significant way with an event or person of importance to the history or culture or architecture of the Borough, county, region, state or nation;
[3]
Contains a feature or features associated with an era characterized by a distinctive architectural style;
[4]
Contains a feature or features associated with a distinctive architectural style or building type or engineering specimen;
[5]
Is the work of a designer, architect or engineer whose work significantly influenced the historical, economic, architectural or cultural development of the Borough, county, region, state or nation;
[6]
Contains elements of design detail, materials or craftsmanship representing a significant innovation; or
[7]
Owing to its unique location or some singular physical characteristic, represents an established and familiar landmark identifying a neighborhood or business district.
(2)
The HPC shall apply the criteria set forth in Subsection D(1) above to assess the buildings in the Borough for inclusion in the inventory. In its deliberations, the HPC shall consider that any decision to include or exclude a building in or from the inventory implicates both important private property rights and the public policy of the Borough that the historic, cultural and architectural heritage of the Borough is to be preserved.
(3)
At the conclusion of its deliberations, the HPC shall prepare and present a report to the Borough Planning Commission identifying those buildings proposed to be included in the inventory, along with a summary of the Commission's findings pertaining to the various buildings proposed for the inventory.
(4)
The Borough Planning Commission shall review the report of the HPC and report to the New Britain Borough Council the Planning Commission's own recommendations regarding the Historical Commission's proposed Inventory. The deliberations of the Planning Commission shall be guided by all of the criteria set forth above in this Subsection D.
(5)
Upon receipt of the report of the Planning Commission regarding the buildings proposed for inclusion in the inventory, Borough Council may, by resolution, determine which buildings to include in the inventory, approving none or some or all of the recommendations of the Planning Commission, upon deliberations utilizing the criteria set forth above in this Subsection D. Thereafter, the inventory resolved by the Borough Council shall be the New Britain Borough Historic Building Inventory.
[Amended 6-10-2008 by Ord. No. 326]
(6)
At the time that Borough Council promulgates the Historic Building Inventory, the Borough shall also prepare and publish an Historic District Overlay Map, reflecting the geographic location of the buildings included in the inventory to be incorporated into this chapter.
(7)
From time to time, on its own initiative or at the direction of Borough Council, the HPC may review the inventory, and utilizing the same deliberative process and criteria prescribed above, present a report to the Borough Planning Commission, which in turn shall report to Borough Council the result of its review of the HPC recommendations. Again, Borough Council may amend the inventory by striking buildings from the inventory or by adding buildings to the Inventory, by resolution, upon deliberations utilizing the criteria set forth above in this Subsection D.
[Amended 4-14-2015 by Ord. No. 361]
E.
Demolition. No building included in the New Britain Borough Historic Building Inventory shall be demolished except in accordance with the provisions set forth hereafter:
(1)
An application to demolish a building on the inventory shall be deemed to be a conditional use application subject to all of the provisions of Article VIII, § 450-56, of this chapter. Wherever § 450-56 of this chapter refers to a proposed "use" or "development" or to any proposed objective of an applicant, for the purposes of this section, the word "demolition" shall be substituted therefor.
(a)
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to all persons who own property adjoining or across a public street from the property. In addition, Council may direct that a copy of the public notice be given to other Borough residents or organizations who or which have requested a copy of the notice, and to the HPC.
(2)
In addition to the general conditions for conditional uses identified in § 450-56B of this chapter, the following specific conditions and considerations shall apply to all applications to demolish a building contained in the inventory:
(a)
Inclusion of a building in the inventory shall be conclusive proof that the building satisfied the criteria established at Subsection D(1) above at the time the building was included in the inventory.
(b)
In the absence of clear and convincing evidence of a pertinent significant change in circumstances relating to a building or its immediate environs having occurred since the time a building was included in the inventory, Borough Council shall not reconsider whether or not the building is properly included in the inventory.[1]
[1]
Editor's Note: Original Section 5, Subsections b.3, 4, and 5, which immediately followed this subsection and contained procedures regarding demolition of historic buildings, were repealed 6-10-2008 by Ord. No. 326.
(c)
Before granting any permit to demolish a building in the inventory, Council may consider the feasibility of permitting an applicant to establish additional or different uses in a historic structure, even where such uses may not be consistent with current zoning restrictions, to encourage an owner to retain rather than demolish a structure. While such uses may not be consistent with underlying zoning regulations, additional or different uses should be compatible with existing zoning regulations. Council may permit such additional or different uses as a conditional use.
(3)
Where Borough Council does decide to permit demolition of a building, Council may determine that such demolition is only appropriate upon the imposition of conditions, without which conditions the demolition must not occur. Such conditions include but are not limited to:
(a)
Imposition of a ninety-day waiting period prior to demolition to permit the applicant to review alternatives to demolition.
(b)
The applicant may be required to adequately record and document the historical and architectural features of the building, including but not limited to, photographs, floor plans, video recording, a site plan, a historic narrative or a written architectural description of the building. Council may also require that the recording and documentation of the building be accomplished by a qualified historic preservation consultant. The applicant may be required to provide a sufficient number of copies of any of the materials required to be prepared in this subsection to the Borough. Council may also require, in appropriate circumstances, an applicant to employ the services of a professional historic preservation consultant to perform a Historic American Building Survey (HABS) to document the historic building to be demolished.[2]
[2]
Editor's Note: Original Section 5, Subsection c.3, which immediately followed this subsection and addressed the moving of historic buildings, was repealed 6-10-2008 by Ord. No. 326.
(c)
The applicant may be required to remove distinctive exterior architectural or historical features from the building and to donate them to the Borough for use within the Borough.
(d)
The applicant may be required to design any new building replacing the demolished building in a fashion designed to preserve the historic, architectural and or cultural values existing in the neighborhood. The applicant may also be required to follow other architectural standards as required by Council.
(e)
Council may require an applicant to install appropriate landscaping features on properties following demolition of a building where the applicant has no immediate plan to construct a new building (such as properties proposed to be used as vacant lots, parking lots, open space or parks). Council may require landscaping features that are consistent with the historic, cultural and or architectural values in the surrounding area.
(f)
Council may impose any other reasonable conditions and safeguards to promote the objectives of this section.
F.
Enforcement. No building contained on the inventory shall be demolished in the absence of approval of Borough Council in accordance with the provisions of this section. Any violation of this section shall be subject to the penalties provided in this chapter and, in addition, shall permit the Borough to apply for injunctive relief to enjoin the violation or further violation of this section or to restore the condition of a building improperly demolished.
§ 450-29 Student Home Overlay District.
[Added 5-10-2011 by Ord. No. 340]
A.
Establishment of Student Home Overlay District. A separate zoning district entitled "Student Home Overlay District" (SH) is hereby created and shall overlie the following zoning districts: R-1, R-2, VH and MHP. The Overlay District shall be recorded on the Borough Zoning Map. Provided that a student home shall comply with all of the requirements and limitations established in this section, then the student home use shall be permitted in the R-1, R-2, VH and MHP Zoning Districts.
B.
Purpose. The Student Home Overlay District is intended to provide for a fair allowance of student housing off campus to permit the establishment of well regulated private student housing throughout the Borough to promote the health, safety and welfare of students living in the Borough and to guarantee the quiet enjoyment of properties surrounding residences occupied by students.
C.
Nature of use. A student home shall be permitted by special exception only. A permit to establish and operate a student home shall lapse and be of no further force or effect if the student home is not operational at the conclusion of seven months after the decision of the Zoning Hearing Board granting the special exception. Thereafter, no student home may be established at the site without resort to the Zoning Hearing Board for a special exception to establish a student home.
D.
Registration. After obtaining a special exception, the owner or operator (hereinafter "owner") of any student home shall apply to register the student home with the Borough on a form to be supplied by the Borough Code Enforcement Officer, on or before July 15 of each year. In the event that an owner intends to establish a student home commencing during the winter semester, the owner shall apply to register the student home on or before December 1, and thereafter, shall file a registration renewal application on or before July 15 of each year.
(1)
The application form shall require the owner of the student home to provide the street address of the student home, the owner or operator's own home address, telephone number and e-mail address and shall require a brief description of the premises, to include housing type, number of bedrooms and bathrooms. In addition, the owner shall identify the student residents by name, home address, current telephone (both cell and land line, if applicable), age and shall provide a certification that each student carries nine or more credit hours. Furthermore, the owner shall provide the termination dates of the lease or leases affecting the subject premises. Finally, the owner shall provide the name address and phone number of any local agent or operator used by the owner to manage the premises.
(2)
At the time of application, the owner or operator shall pay a nonrefundable fee to the Borough in regard to the cost of processing the application, investigating the matters presented in the application and conducting the necessary inspections, which fee shall be in an amount to be established by Borough Council from time to time in the Borough Schedule of Fees.
(3)
It shall be a condition of registration that the owner shall obtain a release from each student resident, in favor of the Borough, permitting the Borough to obtain verification from the college or university that each such student is enrolled at and attending the college or university.
(4)
It shall be a further condition of registration that the owner shall demonstrate to the Code Enforcement Officer that each student lease for the subject premises shall contain the provision required in Subsection H, below.
(5)
Upon receipt of a completed application and the fee, the Code Enforcement officer shall inspect the proposed student home (pursuant to Subsection E below), and provided that the home is in compliance with the provisions of this section and with all applicable Borough codes pertaining to residential premises, the Code Enforcement Officer shall register the student home and provide a student home registration certificate to the owner of the home, which certificate, subject to the provisions of this section and all pertinent ordinances of the Borough, shall remain in effect for one year only, whereupon a renewal application shall be filed on or before each and every July 15.
(6)
Whenever a student home shall be transferred to a different owner, the new owner shall file an application for student home owner transfer to permit the Code Enforcement Officer to amend the original registration to include the new owner's information. It shall not be necessary for a new owner to file a transfer application if the transfer occurs when the premises is unoccupied and no students will occupy the premises until after the new owner has filed a regular registration application pursuant to this Subsection D.
E.
Inspections. Every owner and every student hereunder shall permit the Borough Code Enforcement Officer or his or her designee to enter upon the premises of a student home to conduct a student home registration inspection to confirm compliance with the requirements of this chapter and all applicable construction and safety codes. Furthermore, every owner and every student hereunder shall permit the Borough Code Enforcement Officer or his or her designee to enter upon the premises of a student home, from time to time, at reasonable hours, to conduct inspections, upon request by the Borough Code Enforcement Officer. Failure to permit entry by the Code Enforcement Officer or his or her designee shall constitute a violation of this section.
F.
Limitation of housing types. Student homes may be established only in homes defined in this chapter as single-family detached dwelling, townhouse dwelling, mobile home and two-family dwelling, provided that the two-family dwelling units are separated from one another by a solid wall extending from the ground to the roof only and not by a solid ceiling and floor.
G.
Density. New Britain Council recognizes that student homes will introduce an element of heightened activity and occasional noise into neighborhoods unaccustomed to student residential life. While Council has determined that the student home use is compatible with other residential uses in the Borough, Council also acknowledges that any concentration of student homes in any one neighborhood or area would be detrimental to the quiet use and enjoyment of surrounding properties. Borough Council has determined that such undue concentration will be avoided by mandating a minimum distance of separation between student homes across the zoning districts in which they are permitted. Accordingly, no student home shall be located on a lot, any portion of which lies within 500 feet of any portion of another lot on which a student home has been established or for which a student home special exception application has already been filed and is pending hearing. The five-hundred-foot separation limitation shall apply across zoning district lines so that no two student homes anywhere in the Borough shall be closer together than 500 feet.
H.
Lease provisions. Every owner or operator of a student home shall include a provision in the student home lease that a conviction, as that term is described herein, of any student occupant or occupants, their guests or invitees, for any of the offenses listed in this chapter, shall constitute a violation of the lease, for which the lease can be terminated, subjecting the offending student or students residing in the student home to eviction. Furthermore, all student home lease terms shall end on or before July 14 each year, and there shall be no provision in any lease for automatic or voluntary renewal of the term. Of course, where no revocation of registration has been issued, owner and students may proceed to renew their lease terms, at any time, providing for a termination date on or prior to July 14.
I.
Health and safety requirements.
(1)
All student homes shall have a first floor living room or common area that does not serve as a sleeping area to any person. Furthermore, no bedroom or room used as a bedroom shall also serve as a throughway to any other portion of the premises.
(2)
All bedrooms shall have at least one window large enough to permit human egress.
(3)
No more than two students shall occupy a single bedroom.
(4)
No student bedroom shall be located in an unfinished basement or in a garage loft or in any unfinished area of the home. Whenever a bedroom is located in a finished basement, two exits must be provided.
(5)
One full bathroom with shower and one full kitchen are required.
(6)
No students shall be housed in any accessory building or structure.
(7)
All student homes shall be equipped with a hard-wired/battery backup smoke alarm system with alarms/monitors in each room.
(8)
No trash shall be left for pickup at the front of the premises except on normal trash collection days, and no trash shall be stored outside the residence unless it is maintained inside a customary trash can or receptacle.
(9)
No hotplates or hot water makers or cooking of any kind shall be permitted in any bedroom.
(10)
While exterior doors may be secured by deadbolt, the interior mechanism must be operable by thumb latch or knob and not by key.
(11)
Required parking: three spaces, off-street.
J.
Suspension of registration. All Borough residents are entitled to the reasonable use and quiet enjoyment of their properties. Because the student home use creates a potential for neighborhood disruption, it is incumbent upon the Borough to condition an owner's continued student home registration upon the good conduct of the students, their guests and invitees.
(1)
In the event that any student or guest or invitee or the owner or operator, their guests or invitees, of a student home shall be convicted upon three separate offenses, arising from separate incidents, occurring at the student home premises, of any of the following offenses, whether summary, misdemeanor or felony, cognizable under the Pennsylvania Crimes Code or the Borough Code and all having occurred during any consecutive twelve-month period, then the student home registration shall be subject to revocation for a period of one year. The three convictions required hereunder are determined on a house-wide basis, so that if any one occupant or owner or guest or invitee has three such convictions, or any three such persons have one conviction each, for example, the condition of revocation is satisfied.
(a)
Disorderly conduct or practices.
(b)
Harassment.
(c)
Simple or aggravated assault or any other crime of violence as defined in the Crimes Code, 18 Pa.C.S.A. § 101 et seq.
(d)
Underage drinking.
(e)
Public drunkenness.
(f)
Indecent exposure or open lewdness.
(g)
Criminal mischief.
(h)
Possession of a controlled substance or possession of a controlled substance with the intent to deliver or delivery or manufacturing a controlled substance.
(i)
Furnishing alcohol to minors.
(j)
Any sexual offenses described at Chapter 31 of the Pennsylvania Crimes Code.
(k)
Riot, risking a catastrophe, arson, criminal mischief and recklessly endangering another person.
(l)
Conspiracy to commit any of the foregoing crimes.
(2)
Any such conviction resulting from a complaint lodged by the owner against a student or a guest or invitee, wherein the owner is not implicated in the wrongful conduct, shall not be counted as one of three necessary convictions for revocation of registration.
(3)
It shall be sufficient to the purpose of this section that a "conviction" shall have occurred when the defendant has pleaded guilty or nolo contendere or has been found guilty by the Magisterial District Judge in a summary proceeding, notwithstanding the right to an appeal for a trial de novo, and it shall be sufficient that a defendant has pleaded guilty or nolo contendere or has been convicted by a judge or jury, for a misdemeanor or felony, whether sentenced or not and notwithstanding any right a defendant may have to appeal the conviction. The failure of such a defendant to appear for trial or hearing, resulting in the issuance of a warrant or attachment, shall constitute a conviction as well.
(4)
Upon a determination by the Code Enforcement Officer that any student or owner or guests or invitees, or any combination of them at a student home, have or has been the subject of three such convictions in any period of 12 consecutive months, then the Code Enforcement Officer shall serve a notice of revocation of registration upon the student home owner, notifying the owner that the student home registration is revoked.
(5)
The notice shall identify the property in question, shall identify the three or more convictions that have accumulated in regard to the subject student home by date and court docket number and shall identify the defendant(s) all with sufficient clarity to permit the owner or operator to confirm the accuracy of the convictions record cited in the notice. The notice shall further state that the revocation shall be effective immediately upon the expiration date of the leases then in force and without regard to the automatic renewal of or right of any tenant to renew such lease, or by July 14 of the year, whichever first occurs. Notwithstanding the termination date of any lease, under no circumstance shall any revocation become effective later than July 15 of any year to ensure that the revocation shall prevent issuance of a new registration.
(6)
The notice shall advise the owner or operator that the determination of the Code Enforcement Officer can be appealed to the Zoning Hearing Board within 30 days of the date of the notice of revocation of registration, by filing an appeal on the Borough ZHB appeal form and paying the required fee.
(7)
Appeals from an adverse determination by the Zoning Hearing Board may be perfected to the Court of Common Pleas by either the owner or the Borough.
(8)
Upon receipt of a notice of revocation of registration, an owner or operator may apply to the Code Enforcement Officer to stay the registration revocation upon proof of initiation and diligent pursuit of eviction proceedings against one or more of the students who occupied the home during the period in which the pertinent convictions arose, which eviction would likely remedy the disruptive circumstance at the student home. Provided that the owner diligently pursues such eviction, the revocation of registration shall be stayed until the aforesaid student or students have been removed from the premises, whereupon the revocation shall be vacated. In the event that the eviction is not pursued diligently or does not result in the removal of the aforesaid student(s), then the revocation shall be reinstated within 30 days after issuance of a second written notice of revocation of registration, issued by the Code Enforcement Officer, upon a determination that the eviction proceeding has failed or has not been pursued diligently.
(9)
In addition to the foregoing, the owner or operator may avoid the revocation by demonstrating to the satisfaction of the Code Enforcement Officer that the problem student or students who occupied the subject premises during the period in which the pertinent convictions arose, have vacated the premises permanently.
(10)
The Code Enforcement Officer shall serve the notice of revocation of registration upon the owner by two mailings, one certified and one regular mail, sent to the owner's address on the registration application form or as amended in writing by the owner after the time of registration. The revocation shall be effective whether or not the return receipt for certified mail is returned to the Borough by the postal service.
(11)
Operation of a student home in the absence of a valid student home registration or after a student home registration has been suspended, or operation of a student home in violation of any of the provisions of this section shall constitute a violation of this chapter and will subject violators to the causes of action permitted in § 450-75 of this chapter and to the enforcement remedies in § 450-76 of this chapter.
§ 450-29.1 MUO Mixed-Use Overlay District.
[Added 4-18-2016 by Ord. No. 373; amended 10-9-2018 by Ord. No. 391]
A.
Statement of purpose and objectives. The purposes and objectives of the MUO district are the following:
(1)
To encourage development/revitalization along Butler Avenue and in proximity to the SEPTA stations and rail line.
(2)
To promote economic development through the adaptive reuse and/or redevelopment of underutilized land including infill development of irregular sites and the renewal of former or marginal industrial sites.
(3)
To permit and encourage the development of a combination of diverse commercial, business and residential uses/development located in such a way as to encourage walkability and enhance the overall sense of community through appropriate design standards.
(4)
To provide regulations to address appropriate access, setbacks, buffers, scale, architecture and intensity of development to ensure that development along Butler Avenue is consistent with the Borough's corridor planning and streetscape standards.
(5)
To ensure that development contributes to the "Main Street" character that the Comprehensive Plan requires.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for the following use (mixed-use development) or for any uses permitted by this section in the underlying zoning districts, provided that such uses, buildings or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Mixed-use development ("MUD"). Unless otherwise permitted by this section, all applications for a mixed-use development in the MUO District having a lot size greater than 1.0 acre must provide a combination of two or more of the permitted uses listed in Subsection C(1) below. Buildings in a MUD may contain both residential uses and nonresidential uses. Any lot having a size of less than 1.0 acre may provide a single use of the permitted uses listed in Subsection C(1) below.
(1)
Permitted uses in a mixed-use development.
(a)
Uses permitted by right.
[1]
Bank or financial establishment. A drive-through facility is permitted only if it is located to the rear of the building, so that it is not part of the Butler Avenue streetscape.
[2]
Bed-and-breakfast.
[3]
Commercial recreational or sports facility.
[4]
Convenience store.
[5]
Day-care center.
[6]
Cultural facility.
[7]
Office, governmental, business, veterinary, medical or professional.
[8]
Motel or hotel.
[9]
Nonresidential accessory structure.
[10]
Personal service business. No single service business shall have more than 5,000 square feet of gross floor area.
[11]
Public recreational facility.
[12]
Research.
[13]
Retail trade and services. No single retail shop shall have more than 7,500 square feet of gross floor area.
[14]
Eating place, including take-out and quick-serve restaurants, and up to 5,000 square feet of outdoor dining area.
[15]
State liquor store.
(2)
Area and dimensional requirements for uses within a mixed-use development. All uses shall comply with the area and dimensional requirements listed in this section. If a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, then the requirements of this section shall apply over Article IV.
(a)
Minimum site area: 0.5 acre.
(c)
Minimum lot width for overall mixed-use tract: 100 feet.
(e)
Maximum impervious surface ratio for site: 75%.
(f)
Maximum building coverage for site: 50%.
(g)
Maximum building height (sites under six acres):
[1]
Where dedicated future right-of-way is 40 feet or more at half-width: 45 feet (not to exceed three stories.
[2]
Where dedicated future right-of-way is less than 40 feet at half-width: 35 feet (not to exceed two stories).
[3]
To enhance visual screening, rooftop mechanical equipment shall be set back from the edge of the building a minimum of an equal horizontal distance as the height of the rooftop equipment. Mechanical equipment may exceed the applicable maximum building height, but the equipment must be set back on the roof as required above.
(h)
Maximum building height (sites six acres or more):
[1]
For buildings fronting on Butler Avenue where the dedicated future half-width right-of-way is less than 40 feet: 35 feet (not to exceed two stories).
[2]
For buildings fronting on Butler Avenue where the dedicated future half-width right-of-way is 40 feet or more: 45 feet (not to exceed three stories).
[3]
For interior buildings that are located in a development that includes a building or buildings that front on Butler Avenue: 50 feet (not to exceed four stories).
[4]
To enhance visual screening, rooftop mechanical equipment shall be set back from the edge of the building a minimum of an equal horizontal distance as the height of the rooftop equipment. Mechanical equipment may exceed the applicable maximum building height, but the equipment must be set back on the roof as required above.
(k)
Maximum setback from Butler Avenue (measured from future right-of-way to face of building): 25 feet.
(l)
Minimum setback from Butler Avenue (measured from future right-of-way to face of building): five feet.
(m)
Minimum setback from parking lot to face of building: five feet.
(n)
Minimum buffer from residential lot lines that are adjacent to but not within the MUO Zoning District (inclusive of all other setback requirements): 25 feet.
(o)
Minimum buffer from residential lot lines that are within the MUO Zoning District: five feet.
(p)
Minimum building setback from residential lot lines that are adjacent to but not within the MUO Zoning District: 1 1/2 times the height of the building.
(q)
Minimum public space required. For each land development or subdivision or establishment in the MUO Mixed-Use Overlay District, public outdoor space shall be designed as part of the development or use. Public outdoor open space shall be accessible from Butler Avenue and shall be a minimum of 500 square feet per acre of lot area within the proposed land development. Standards for public space as regulated by this section must be met.
(r)
Minimum nonresidential use required. Each land development or subdivision or establishment in the MUO Mixed-Use Overlay District with an overall lot area greater than one acre shall satisfy the following requirements:
[1]
The first-floor frontage of buildings fronting on Butler Avenue shall be reserved for permitted nonresidential uses or residential amenity uses. Permitted residential amenity uses may include a gym, cafe, business center or similar uses customarily incidental to permitted residential uses.
[2]
The first floor of buildings on Butler Avenue shall contain a minimum of 500 square feet of nonresidential use, exclusive of residential amenity uses, for every 10 residential units.
D.
Parking. All parking within the MUO Mixed-Use Overlay District shall comply with the following requirements, which requirements are intended to supersede any inconsistent provisions in § 450-42:
(1)
Parking by use:
(b)
Commercial uses: Five parking spaces/1,000 square feet of customer serving floor area. Floor area designated for storage, bathrooms, food preparation areas, utility rooms, and closets shall not be counted in the parking ratio. Four parking spaces/1,000 square feet of customer serving floor area must be installed at time of initial construction. One parking space/1,000 square feet of customer serving floor area may be held in reserve in green area for future use if determined by Borough that such additional parking is needed.
[1]
On-lot parking areas shall not be located closer to a front lot line than the principal building(s) along Butler Avenue. For all other streets, on-lot parking areas shall not be located closer than five feet from the future right-of-way of the street.
[2]
One parking space for each residential unit shall be designated for exclusive use for the unit via striped numbering on the parking space.
[3]
Minimum parking space dimensions: 9.5 feet wide by 18 feet deep.
[4]
No one single line of parking shall exceed 20 parking spaces. A planting strip of ten-foot minimum width is required at a minimum of every 20 parking spaces.
[5]
Loading is required for all retail uses. Minimum loading space size is 10 feet wide by 18 feet deep. Loading may be shared by multiple uses.
[6]
Drive aisles shall be a minimum width of 24 feet for two-way traffic and 18 feet for one-way traffic.
[7]
All parking areas shall be landscaped in accordance with New Britain Borough Subdivision and Land Development Ordinance requirements.
[8]
Shared parking.
[a]
For an MUD (Mixed Use Development), the Borough may reduce the required number of parking spaces to a number less than the total number that would be required for the separate uses if it is demonstrated that peak requirements of various uses are complementary and occur at different times. The applicant shall provide information regarding the characteristics of each proposed use and its parking utilization during peak and off-peak demand periods. For nonresidential uses, the applicant shall provide information regarding employees, including shift and schedule characteristics and for customer intensity and turnover during peak periods. The applicant shall demonstrate to the satisfaction of Borough Council that each use works consistently with the shared parking provisions and the parking management plan for the development. The shared parking demand for the MUD shall be calculated by preparing a shared parking study of all uses within the development based upon the following methodology and consistent with professionally recognized methodologies:
[i]
Step 1: Evaluate the mix of land uses in the proposed mixed use development, including base parking demand, types of uses, nonresidential square footage, dwelling unit numbers and type.
[ii]
Step 2: Adjust parking demand to account for mix of land in the mixed-use development, uses, location of uses in relation to available parking, adjacency and convenience of parking spaces, time of day factors, day of week factors, seasonal factors, availability of mass transit and pedestrian accommodation and connectivity.
[iii]
Step 3: Analyze hourly accumulation of parking demand for weekdays and weekends for each of the proposed land uses.
[iv]
Step 4: Document shared parking demand conclusions.
[b]
A parking management plan shall be prepared by the applicant that identifies the following:
[c]
Any MUD approved with shared parking shall be required to submit each change of use and occupancy to the Zoning Officer to be reviewed for compliance with the provisions of the shared parking plan and parking management plan. The applicant shall provide information regarding the type of use and its parking utilization characteristics. The Zoning Officer shall make a determination of compliance that the parking demand, utilization periods, adjacency and conveniences or intensity of any use may exceed the projections or provisions of the shared parking approval and parking management plan.
E.
Additional requirements.
(1)
Lots or properties which front on or take direct access to Butler Avenue shall meet the following requirements:
(a)
All development authorized by subdivision, land development, or zoning permit shall include elements that contribute to the streetscape of Butler Avenue (Business Route 202). "All development" shall include walkways, landscaping and street trees, outdoor sidewalk lighting, benches, bike racks, signage, and appropriate access management to ensure safe and convenient circulation along Butler Avenue and within the site development.
(b)
Vehicular access points onto Butler Avenue shall be limited and, when practical, combined or arranged in such a manner to share access with adjoining lots. Vehicular access points onto Butler Avenue may be located along a common property line and may encroach within required front and side yard setbacks to accommodate future shared access points.
(c)
All plans for subdivision, land development, or zoning permits shall include an overall site plan that indicates relationships to surrounding properties, access connections, and how the proposed development will contribute to the streetscape improvements along Butler Avenue.
(2)
All stormwater management controls shall be designed and installed in conformance with all applicable New Britain Borough ordinances.
(3)
All extensions of existing utilities within the MUO District shall be placed underground.
(4)
Where two or more adjacent property owners agree to share parking and access improvements, in a manner approved by the Borough Council and PENNDOT to ensure adequate improvements are provided and the requirements of this section and those of the Subdivision and Land Development Ordinance[1] will be met, the required side yard and buffer yard between or among the properties may be eliminated.
(5)
Outdoor sale of merchandise. The temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or a seasonal sidewalk sale. No merchandise shall be placed on a sidewalk or shall impede the flow of vehicular traffic on the site.
(6)
Special events, such as a seasonal farm market, shall be permitted when authorized by the Borough Council.
(7)
Purpose and requirement for public space. The District goal is to foster a lively and vibrant mixed-use district that can be a gathering place and center for the community. Examples of public spaces are:
(a)
Plazas (with focus feature such as a fountain and/or clock).
(b)
Seating areas (courtyard, bird or butterfly habitat).
(c)
Outdoor eating areas.
(d)
Sidewalk that is a minimum of four feet wider than ordinance requirements to accommodate public gathering and connect to other facilities.
(e)
Public spaces must be visible, and accessible, from Butler Avenue.
F.
Required architectural design review.
(1)
In accordance with § 605 of the Pennsylvania Municipalities Planning Code, the MUO Mixed-Use Overlay District is declared a special area as a major thorough fare and an area of unique local interest and is hereby designated as an area requiring design review by the Borough.
(2)
No structure or improvement on any land within the Mixed-Use district shall be made until the plans for the exterior architectural features, signs, lighting, and landscaping have been reviewed and approved by the Borough. Any streetlights along Butler Avenue must be approved by the Borough. Review under this section shall not be required for regular maintenance of a structure, painting, or exterior color changes.
(3)
No specific architectural style shall be dictated to applicants; however, factors to be considered by the Borough Council are:
(a)
New buildings or additions to existing building(s) should be compatible with the existing architectural scale and style of the historic nature of the applicable zoning district.
(b)
Franchise design/architecture, used by national or chain companies, is discouraged in favor of reusing existing buildings or new designs that reflect the architecture of New Britain Borough.
G.
Resolution of ordinance conflicts.
(1)
In recognition of the fact that the design standards for development in the MUO Mixed-Use Overlay District are unique and will permit more intensive use of land than is permitted in the underlying zoning districts, the Borough acknowledges that conflicts may arise between the provisions of this § 450-29.1 and other provisions of the Zoning Ordinance and the New Britain Borough Subdivision and Land Development Ordinance.[2] The following standards shall be used to resolve such conflicts:
(2)
Zoning Ordinance conflicts.
(a)
For a Mixed Use Development the following criteria shall apply in lieu of any inconsistent criteria in § 450-38A:
[1]
Disturbance of "forest or wooded areas" shall not exceed 50%.
[2]
The limitations on the disturbance "steep slopes" shall not apply to manmade slopes.
[3]
The tree replacement provisions of § 450-38A(7) shall apply only to large trees that are removed from areas that are not classified as "forest or wooded areas."
(3)
Subdivision and Land Development Ordinance[3] conflicts.
(a)
Inconsistent provisions. Where the standards set forth in this § 450-29.1 are inconsistent or in conflict with any express standard set forth in the Subdivision and Land Development Ordinance, the provisions of this section shall supersede and apply in lieu of such inconsistent provision.
(b)
Waiver of subdivision requirements. In order to give effect to the purposes and objectives sought to be advanced by permitting mixed use development, where strict application of a provision of the Subdivision and Land Development Ordinance that is not directly in conflict with a provision of this § 450-29.1 would frustrate the ability of an applicant to develop a mixed use development deemed by Council to be consistent with the purposes and objectives of this section, Council shall be authorized to grant waivers.
§ 450-29.2 West Butler Avenue MUO - Mixed Use Overlay District (West Butler MUO)
[Added 2-8-2022 by Ord. No. 417]
A.
Statement of purpose and objectives. The purposes and objectives of the West Butler MUO district are the following:
(1)
Recognizing the changing economic landscape, especially regarding retail stores and commercial use, to allow for commercial businesses in the West Butler MUO to expand their uses and add residential components to their properties.
(2)
To encourage development/revitalization along Butler Avenue.
(3)
To permit and encourage the development of a combination of diverse nonresidential and residential uses located in such a way as to encourage walkability and enhance the overall sense of community through appropriate design standards.
(4)
To provide regulations to address appropriate access, setbacks, buffers, scale, architecture, and intensity of development to ensure that development along Butler Avenue is consistent with the Borough's corridor planning and streetscape standards.
(5)
To ensure that development contributes to the "Main Street" character that the Comprehensive Plan and Main Street Plan requires.
(6)
To foster a lively and vibrant district that can be a gathering place and center for the community.
B.
General. A building or structure may be erected or altered, to be used either in whole or in part, and a lot may be developed using the Mixed Use Overlay established by this section or for any uses permitted by this Ordinance in the underlying zoning districts, provided that such uses, buildings or structures shall comply with such regulations as yard, lot size, lot width, building area, height, impervious surface, easements, buffer yards, off-street parking and other requirements as specified by this chapter.
C.
Mixed-use development ("MUD").
(2)
Properties under one acre.
(a)
May provide only one use, which must be a nonresidential use listed in § 450-29.2C(3). A residential use must be combined with at least one nonresidential use, to have a minimum of two uses on the property.
(b)
Individual buildings on a single lot developed under the overlay may contain both residential and nonresidential uses.
(3)
Permitted uses in a mixed-use development.
(a)
Uses permitted by right.
[1]
Bank or financial establishment.
[2]
Bed-and-breakfast.
[3]
Brewery/brewpub/micro-winery/distillery.
[4]
Commercial recreational or sports facility.
[5]
Convenience store.
[6]
Day-care center.
[7]
Cultural facility.
[8]
Office, governmental, business, veterinary, medical or professional.
[9]
Motel or hotel.
[10]
Nonresidential accessory structure.
[11]
Personal service business: No single service business shall have more than 5,000 square feet of gross floor area.
[12]
Public recreational facility.
[13]
Research.
[14]
Retail trade and services: No single retail shop shall have more than 7,500 square feet of gross floor area.
[15]
Eating place, including take-out and quick serve restaurants, shall have no more than 5,000 square feet of gross floor area.
[16]
State liquor store.
(b)
Uses permitted by special exception.
[1]
Drive-through or drive-up facilities associated with one of the permitted uses in § 450-29.2C(3)(a) meeting the following criteria:
[a]
The drive-through shall be located to the side or rear of the building.
[b]
The drive-through shall be architecturally compatible with the building and streetscape.
[c]
A traffic impact study shall be submitted in accordance with § 385-39F of the Borough Subdivision and Land Development Ordinance. A traffic impact study shall be submitted even if the applicability criteria of § 385-39F(3) are not met.
[d]
The vehicle stacking area for the drive-through window shall not conflict with internal site circulation or block access to any parking spaces, with stacking for an appropriate number of vehicles as required by § 450-14 of this chapter or as otherwise determined by the traffic impact study, subject to the approval of the Borough Engineer.
[e]
When a drive-through window is located adjacent to a resident use or district, a decorative sound attenuating fence or other buffer satisfactory to the Borough Council shall be installed, with adequate landscaping to screen the residential use/district from the drive-through.
(4)
Area and dimensional requirements for uses within a mixed-use development. All uses shall comply with the area and dimensional requirements listed in this section. If a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, then the requirements of this section shall apply over Article IV.
(a)
Minimum site area: 0.5 acres.
(c)
Minimum lot width for overall mixed-use tract: 100 feet.
(e)
Maximum impervious surface ratio for overall mixed-use tract: 75%.
(f)
Maximum building coverage for overall mixed-use tract: 50%.
(g)
Maximum building height:
[1]
Forty-five feet (not to exceed three stories) where dedicated future right-of-way is 40 feet or more at half-width.
[2]
Thirty-five feet (not to exceed two stories) where dedicated future right-of-way is less than 40 feet at half-width.
[3]
To enhance visual screening, roof top mechanical equipment may exceed the applicable maximum building height, but the equipment shall be set back from the edge of the building a minimum of an equal horizontal distance as the height of the rooftop equipment.
(i)
Maximum gross residential density as measured to deed lines:
[1]
Two-family dwelling: four dwelling units per acre.
[2]
Townhouse dwelling: five dwelling units per acre.
[3]
Multifamily dwelling: 12 units per acre.
[4]
Mixed use developments that include a) the multifamily dwelling use and b) the townhouse dwelling and/or two-family dwelling use may have a combined density of no more than 12 units/acre.
[a]
The intent of this provision is to encourage a mixture of residential dwelling types in a cohesive and complimentary development comprised of nonresidential and residential uses.
(j)
Maximum setback for the primary structure from Butler Avenue (measured from existing right-of-way to face of building): 25 feet.
(k)
Minimum setback from Butler Avenue (measured from existing right-of-way to face of building): five feet.
(l)
Minimum setback from parking lot to face of building: five feet.
(m)
Minimum buffer from residential lot lines that are adjacent to but not within the West Butler MUO (inclusive of all other setback requirements): 25 feet.
(n)
Minimum buffer from residential lot lines that are within the West Butler MUO Zoning District: five feet.
(o)
Minimum building setback from residential lot lines that are adjacent to but not within the West Butler MUO: 1 1/2 times the height of the building.
(p)
Minimum public space required. For each land development or subdivision or use developed under the West Butler MUO, public outdoor space shall be designed as part of the development or use. Public outdoor open space shall be accessible from Butler Avenue and shall be a minimum of 500 square feet per acre of the overall mixed-use tract. The standards for public space set forth in § 450-29.2E(7) must be met.
(q)
Minimum nonresidential use for properties one acre or larger. Properties one acre or larger in lot size shall contain a minimum of 300 square feet of nonresidential use for every 10 residential dwelling units. The required nonresidential use" shall be comprised of those uses set forth in § 450-29.2C other than the two-family dwelling use, the townhouse dwelling use, and the multifamily dwelling use. Residential accessory and amenity uses which are limited to the residential occupants (e.g. gyms, cafes, business centers, or similar uses customarily incidental to permitted residential uses) shall not constitute "nonresidential" uses for purposes of this requirement. The calculation for the foregoing requirement shall be as follows:
No. of Dwelling Units | Required Nonresidential Space |
|---|---|
1-10 | 300 square feet |
11-20 | 600 square feet |
21-30 | 900 square feet |
31-40 | 1,200 square feet |
41-50 | 1,500 square feet |
51-60 | 1,800 square feet |
61-70 | 2,100 square feet |
71-80 | 2,400 square feet |
81-90 | 2,700 square feet |
91-100 | 3,000 square feet |
The same formula and calculation method shall continue to apply to developments with more than 100 dwelling units.
D.
Parking. All parking within the West Butler Avenue MUO - Mixed-Use Overlay District shall comply with the following requirements, which requirements are intended to supersede any inconsistent provisions in § 450-42 of this chapter:
(1)
Parking by use:
(b)
Commercial uses: Five parking spaces per 1,000 square feet of customer serving floor area. Floor area designated for storage, bathrooms, food preparation areas, utility rooms, and closets shall not be counted in the parking ratio. Up to one parking space per 1,000 square feet of the required parking may be held in reserve in green area upon approval of the Borough, provided applicant shall install stormwater management facilities at time of initial construction sufficient to handle the stormwater of any parking held in reserve.
[1]
On-lot parking areas shall not be located closer to a front lot line than the principal building(s) along Butler Avenue. For all other streets, on-lot parking areas shall not be located closer than five feet from the future right of way of the street.
[2]
On street parking spots may be counted towards the required parking for commercial uses if approved by Borough Council as part of the land development process for an application pursuant to the Town Center MUO District.
[3]
Minimum parking space dimensions: 9.5 feet wide by 18 feet long. On-street parallel parking shall be 9.5 feet wide by 20 feet long.
[4]
No one single line of parking shall exceed 20 parking spaces. A planting strip with a ten-foot minimum width is required. A planting strip must be installed at a minimum interval of every 20 parking spaces.
[5]
Loading is required for all retail uses. Minimum loading space size is 10 feet wide by 18 feet deep. Loading may be shared by multiple uses.
[6]
Drive aisles shall be a minimum width of 24 feet for two-way traffic and 20 feet for one-way traffic.
[7]
All parking areas shall be landscaped in accordance with New Britain Borough Subdivision and Land Development Ordinance requirements.
[8]
Shared parking. For a mixed-use development ("MUD"), Borough Council may permit a reduction of the required number of parking spaces to a number less than the total number that would be required for the separate uses if the applicant demonstrates that peak requirements of various uses are complementary and occur at different times.
[a]
Shared parking will be permitted only under the following circumstances.
[i]
The uses subject to shared parking must be either part of a single lot, such as an office park, industrial park, or mixed-use development; or the uses must be on lots that are physically adjacent to each other, with cross-easements or other arrangements that allow for shared driveways and shared parking.
[ii]
Owners or applicants for all uses proposing to use the shared parking arrangement must provide written agreements, in a form acceptable to the Borough, outlining the terms of the shared parking arrangement.
[iii]
A parking management plan shall be prepared by the applicant that identifies the following: a) the locations and times of any shared parking and b) the locations of any dedicated parking for an individual use or building and c) the mechanisms for shared and dedicated parking spaces for each use.
[iv]
Any MUD approved with shared parking shall be required to submit each change of use and occupancy to the Zoning Officer to be reviewed for compliance with the provisions of the shared parking plan and parking management plan. The applicant shall provide information regarding the type of use and its parking utilization characteristics. The Zoning Officer shall make a determination of compliance with the shared parking approval and parking management plan, i.e., that the parking demand, utilization periods, adjacency and conveniences or intensity of any use may exceed the projections or provisions of the shared parking approval and parking management plan.
E.
Additional requirements.
(1)
Lots or properties which front on or take direct access to Butler Avenue shall meet the following requirements:
(a)
All development authorized by subdivision, land development, or zoning permit shall include elements that contribute to the streetscape of Butler Avenue (Business Route 202). All development shall include a mix of walkways, landscaping and street trees, outdoor sidewalk lighting, benches, bike racks, signage, and appropriate access management to ensure safe and convenient circulation along Butler Avenue and within the site development. These elements shall be subject to the approval of Borough Council.
(b)
Vehicular access points onto Butler Avenue shall be limited and when practical, combined or arranged in such a manner to share access with adjoining lots. Vehicular access points onto Butler Avenue may be located along a common property line and may encroach within required front and side yard setbacks to accommodate future shared access points.
(c)
All plans for subdivision, land development, or zoning permits shall include an overall site plan that indicates relationships to surrounding properties, access connections, and how the proposed development will contribute to the streetscape improvements along Butler Avenue.
(d)
Parking/traffic study requirements: All applications that require more than 50 parking spaces shall submit a traffic study prepared by a professional engineer of the impact to traffic on Butler Ave due to the development, subject to the requirements of § 450-39F of this chapter. Traffic placed in "reserve" shall be counted towards the required parking for purposes of determining whether a traffic study shall be required.
(2)
All stormwater management controls shall be designed and installed in conformance with all applicable New Britain Borough ordinances.
(3)
Where two or more adjacent property owners agree to share parking and access improvements, in a manner approved by the Borough Council and PENNDOT to ensure adequate improvements are provided and the requirements of this section and those of the Subdivision and Land Development Ordinance will be met, the required side yard and buffer yard between or among the properties may be eliminated.
(4)
All extensions of existing utilities within the West Butler Avenue MUO District shall be placed underground.
(5)
Outdoor sale of merchandise: The temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or a seasonal sidewalk sale. No merchandise shall be placed on a sidewalk or shall impede the flow of vehicular traffic on the site.
(6)
Special events, such as a seasonal farm market, shall be permitted when authorized by the Borough Council. Requests shall be submitted in writing to the Borough Council for consideration.
(7)
Required public space.
(a)
Purpose of public space: The West Butler Avenue MUO District goal is to foster a lively and vibrant mixed-use district that can be a gathering place and center for the community.
(b)
Definition of "public space." Recreational and gathering areas open to the public, not just users of the property, that enhance the environmental quality and community appeal of the Borough through plantings, green space, and other aesthetic and planning techniques. Public spaces shall provide a mixture of opportunities for outdoor recreation and community activities and provide visual relief within the built environment.
(c)
The layout, amenities, and permitted uses in the public space shall be approved by Borough Council. Public spaces shall be accessible from Butler Avenue and shall be visible from Butler Avenue or otherwise sufficient signage shall be provided so that the public space can be readily identified and located by the general public from Butler Avenue and other public ways.
(d)
Examples of public space include but are not limited to the following:
F.
Required architectural design review.
(1)
In accordance with Section 605 of the Pennsylvania Municipalities Planning Code, the West Butler MUO is declared a special area as a major thoroughfare and an area of unique local interest and is hereby designated as an area requiring design review by the Borough.
(2)
No structure or improvement on any land within the mixed-use district shall be made until the plans for the exterior architectural features, signs, lighting, and landscaping have been reviewed and approved by the Borough. Any street lights along Butler Avenue must be approved by the Borough. Review under this section shall not be required for regular maintenance of a structure, painting, or exterior color changes.
(3)
No specific architectural style shall be dictated to applicants; however, factors to be considered by the Borough Council are:
(a)
New buildings or additions to existing building(s) should be compatible with the existing architectural scale and style of the historic nature of the applicable zoning district.
(b)
Franchise design/architecture, used by national or chain companies, is discouraged in favor of reusing existing buildings or new designs that reflect the architecture of New Britain Borough.
G.
Resolution of ordinance conflicts.
(1)
In recognition of the fact that the design standards for development in the West Butler MUO are unique and will permit more intensive use of land than is permitted in the underlying zoning districts, the Borough acknowledges that conflicts may arise between the provisions of this § 450-29.2, and other provisions of the Zoning Ordinance and the New Britain Borough Subdivision and Land Development Ordinance. The standards set forth in Subsection G(2) and (3) below shall be used to resolve such conflicts.
(2)
Zoning ordinance conflicts.
(a)
For a mixed-use development the following criteria shall apply in lieu of any inconsistent criteria in § 450-38A:
[1]
Disturbance of "forest or wooded areas" within 15 feet of the property boundary shall not exceed 50%.
[2]
The limitations on the disturbance of "steep slopes" shall not apply to manmade slopes.
[3]
The tree replacement provisions of § 450-38A(6) shall apply only to large trees that are removed.
(3)
Subdivision and land development ordinance conflicts.
(a)
Inconsistent provisions. Where the standards set forth in this § 450-29.2 are inconsistent or in conflict with any express standard set forth in the Subdivision and Land Development Ordinance, the provisions of this section shall supersede and apply in lieu of such inconsistent provision.
(b)
Waiver of subdivision requirements. In order to give effect to the purposes and objectives sought to be advanced by permitting mixed use development, where strict application of a provision of the Subdivision and Land Development Ordinance that is not directly in conflict with a provision of this § 450-29.2 would frustrate the ability of an applicant to develop a mixed use development deemed by Council to be consistent with the purposes and objectives of this section, Council shall be authorized to grant waivers.