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State College City Zoning Code

PART D

Districts

§ 19-401 Classification of Districts.

[Ord. 559, 6/20/1959, Section 301; amended by Ord. 834, 12/4/1973, Section 2; Ord. 878, 9/9/1975; Ord. 962, 9/11/1979, Section 1(A); Ord. 1327, 5/8/1991, Section 1; Ord. 1359, 1/30/1992, Section 1; Ord. 1448, 7/11/1994, Section 1; Ord. 1526, 3/25/1997, Section 1; Ord. 1599, 8/30/1999, Section 1; Ord. 1821, 11/7/2005, Section 1; Ord. 1840, 4/4/2006, Section 10]
The Municipality is hereby divided into 19 classes of districts for the purpose of applying the provisions of this ordinance. The UPD is further divided into 16 subdistricts, seven of which are partly or completely within the Borough. Those lands within the UPD that are within the Borough are subject to the provisions of this ordinance.
R-1
Residence District
R-2
Residence District
R-3
Residence District
R-3B
Residence District
R-3H
R-3 Historic District
R-4
Residence District
CP-1
Planned Commercial District
CP-2
Planned Commercial District
MP
Planned Industrial District
C
General Commercial District
CID
Commercial Incentive District
R-O
Residential-Office District
R-OA
Residential-Office District
P-O
Planned Office District
UV
Urban Village District{25}
P
Public District
PA
Public Activities District
PARK
Park District

§ 19-402 Zoning District Map.

[Ord. 559, 6/20/1959; amended by Ord. 30, 1999, Section 2]
The boundaries of the districts listed above are designated on the Zoning District Map and the UPD District Map which, together with all the information recorded thereon, is hereby made a part of this ordinance.

§ 19-403 Boundaries.

[Ord. 559, 6/20/1959, Section 303]
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning District Map, the following rules shall apply:
a. 
Where the indicated boundaries on the Zoning District Map are approximately lot lines or property lines, said lines shall be construed to be the boundaries of such district, unless otherwise indicated.
b. 
Where the indicated boundaries on the Zoning District Map are approximately public rights-of-way, the center lines of said public rights-of-way shall be construed to be the boundaries.
c. 
Where the indicated boundaries are dimensioned on the Zoning District Map, said dimensions shall determine the boundaries.

§ 19-404 Effect of Establishment of Districts.

[Ord. 559, 6/20/1959, Section 304; amended by Ord. 941, 9/11/1978, Section 128; Ord. 1198, 2/8/1988, Section 6; Ord. 1599, 8/30/1999, Sections 3 and 4]
a. 
No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose other than those uses listed under permitted uses for the district in which it is located.
b. 
No building shall hereafter be erected, nor shall any existing building be structurally altered, enlarged, rebuilt or moved, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, off-street parking space, and other space and area regulations designated for the district in which the building is located, except as specifically provided in this ordinance.
c. 
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the maximum height as given for the district in which it is located, except as specifically provided.
d. 
Off-street parking and loading space shall be provided as specified in Part H of this chapter.
e. 
Any unlawful change in use, encroachment, or reduction of required yards or parking space or in carrying out conditions as may be set forth in granting a variance or exception or in approval of a site plan shall constitute a violation of this ordinance subject to the penalties as provided in this ordinance and any certificate of occupancy for such building shall thereupon be null or void.
f. 
The UPD District Plan is hereby made a part of this Zoning Ordinance. Where a conflict exists between the specific language contained in the UPD provisions and other parts of this ordinance, the UPD provisions shall prevail.

§ 19-405 Zoning of Proposed Annexed Areas.

[Ord. 559, 6/20/1959, Section 305]
The Planning Commission shall review all proposals for annexation to the Municipality, may hold hearings, and shall prepare a report to Council recommending appropriate zoning.

§ 19-501 Use.

[Ord. 559, 6/20/1959, Section 401, 1201, 1201.2, 1201.3, 1201.4, 1201.8, 1201.11; amended by Ord. 578, 6/10/1960, Article I; Ord. 834, 12/4/1973, Section 3; 941, 9/11/1978, Section 128; Ord. 952, 1/10/1979, Section 1; Ord. 981, 11/3/1980, Section 3; Ord. 1029, 6/14/1982, Section 2; Ord. 1110, 4/16/1985, Section 2; Ord. 1198, 2/8/1988, Sections 7 and 8; Ord. 1401, 1/11/1993, Section 2; Ord. 1423, 12/8/1993, Sections 1, 2 and 3; Ord. 1448, 7/11/1994, Section 6; Ord. 1526, 3/25/1997, Section 4; Ord. 1529, 5/5/1997, Section 2, 7,Ord. 1626, 6/19/2000, Section 12; Ord. 1656, Sections 1, 2, and 3; Ord. 1714, 11/26/2002, Section 2; Ord. 1778, 4/27/2004, Section 2; Ord. 1788, 7/14/2004, Section 2; Ord. 1840, 4/4/2006, Section 11; Ord. 1913, 12/1/2008, Section 2, 3; Ord. 1927, 3/2/2009, Section 2; Ord. 1982, 12/19/2011, Section 1 and 2]
In this district the land and structures may be used, and structures may be erected, altered, enlarged, and maintained for the following uses only:
a. 
Accessory Use (as prescribed in Part B of this chapter) and the keeping of chicken hens at one-family dwellings as prescribed in Section 501.1.(7) of this chapter.
b. 
Church or other place of religious worship including accessory religious instruction, and religious school as an accessory use when located on the same lot as the place of religious worship, provided that the lot has frontage on and primary vehicular access from an arterial street and meets parking as required in Section 2403.c.
c. 
Country club (as prescribed in Section 506 for this chapter).
d. 
Cultivation of land and general gardening.
e. 
One-family dwelling.
f. 
One-family dwelling with a single apartment unit (as prescribed in Section 501.1 of this chapter).
g. 
Student Home.
h. 
Required off-street parking space (as prescribed in Part H of this chapter).
i. 
Playground or park (nonprofit) or publicly-owned recreation area.
j. 
Public school.
k. 
Signs (as prescribed in Chapter XV of this Codification).
l. 
Exceptions, Additions and Modifications to Use. The provisions of this use are subject to the following exceptions, additions and modifications:
(1) 
No more than one building for residential use may be erected upon a lot in R-1, R-2, R-3H, R-OA and UV districts. In all other districts that permit residential uses, two or more buildings containing permitted dwelling types may be erected upon a single lot provided that, in addition to the regulations applicable in the respective zoning district where such group dwelling project is located, the following general requirements shall also be met:
(a) 
The lot for such project must meet or exceed the total area required for the sum of all dwelling units on the lot.
(b) 
The front, side, and rear yards must meet the district regulations for the proposed dwelling type along the property line, except that (1) when different dwelling types with different yard requirements are to be combined on the same lot, the required yards shall equal the greatest distances required from among the various dwelling types proposed, and (2) when the project is to be located on a corner lot adjacent to an R-1 or R-2 district, the side yards shall be increased to 30 feet.
(c) 
The distance between buildings shall be in accordance with the zoning district in which they are located, but in no case shall be less than 10 feet.
(d) 
The lot shall contain a playground area, the size shall be no less than 25 square feet per dwelling unit of the project.
(e) 
Appropriate planting shall be planted and maintained as a buffer strip and screen adjacent to abutting residential properties, as approved by the Zoning Officer with advice and recommendation from the Borough Arborist.
(f) 
[Eliminated by Ordinance 1526]
(2) 
A single apartment unit in a one-family dwelling as a specified permitted use shall conform to the following:
(a) 
The apartment unit shall be contained within the main building;
(b) 
The apartment unit shall have not more than one bedroom or exceed 500 square feet in total floor area.
(3) 
Persons not exceeding the numbers set forth in the following schedule shall be permitted to reside in one- or two-family dwellings on the condition that adequate off-street parking space is provided on the premises for all vehicles operated or kept by such residents:
(a) 
One- and Two-Family Dwellings. In all residential districts, for each dwelling unit . . . a family plus two unrelated persons; no more than three unrelated persons.
(b) 
One-Family Dwelling With a Single Apartment Unit. In all residential districts, the total number of unrelated persons occupying the building shall not exceed three, and the total number of persons occupying the single apartment unit within a one-family dwelling shall not exceed two.
(4) 
Home occupations are permitted in all dwelling units, except one-family dwellings containing a single apartment, subject to the following conditions:
(a) 
Only one home occupation may be conducted for each dwelling unit. Home occupations, except for the raising of garden produce, shall use not more than 20%, or 500 square feet, whichever is less, of the total floor area of all structures on the lot. Such use of the premises shall be conducted only within the dwelling or garage, except for the raising of produce.
(b) 
No exterior alterations or additions, which change the residential character of the dwelling or site by use of colors, materials, design or lighting, shall be permitted in order to accommodate a home occupation. No fire escape shall be installed to accommodate a home occupation. When located within the dwelling, the entrance to the space devoted to a home occupation shall be from within said dwelling. Window display and signs related to the home occupation are prohibited on the premises.
(c) 
The home occupation may only be conducted by the residents of the dwelling and one nonresident assistant.
(d) 
Servicing by truck of supplies and materials for the home occupation, other than that provided by parcel post (e.g. mail or parcel service), shall not exceed four visits per month, excluding vehicles owned by the residents of the dwelling. No motor vehicle with a sign advertising the home occupation shall be parked on the premises outside a garage or carport except for temporary loading and unloading.
(e) 
There shall be no sales to customers on the premises except for products produced on the premises by the residents or for food served as part of a bed-and-breakfast establishment. All materials on the premises directly related to the home occupation, except garden supplies and produce, shall be stored within fully-enclosed buildings.
(f) 
The home occupation shall not create noise, glare, smoke, odor or vibration detectable by normal senses beyond the boundary of the premises, or cause radio or television reception interference off the premises.
(g) 
Except as modified below for bed-and-breakfast establishments, lot coverage by building and parking may not exceed that specified for the zoning district in which the home occupation is located.
(h) 
Bed-and-breakfast establishments shall meet the following additional requirements:
(i) 
Sleeping accommodations shall be located only within the dwelling and shall be limited to one or two rooms with a total size not to exceed 20%, or 500 square feet of the dwelling, whichever is less.
(ii) 
Not more than one family or two unrelated guests may be accommodated at any time. The length of stay per guest shall be limited to seven days per thirty-day period.
(iii) 
One off-street parking space shall be provided for guests of the bed-and-breakfast establishment, provided that, in no case shall the total number of parking spaces on the lot exceed 4.
(iv) 
Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment and shall be limited to breakfast.
(v) 
No more than one bed-and-breakfast establishment is permitted per lot. No bed-and-breakfast establishment may be located within 500 feet of an existing bed-and-breakfast establishment, to be measured from the closest distance between lot lines of the properties accommodating said bed-and-breakfast establishments.
(vi) 
A zoning permit shall be secured prior to the use of any dwelling as a bed-and-breakfast establishment to insure compliance with these regulations.
(i) 
Under no circumstances shall home occupations include the following, even if they otherwise meet the regulations stipulated above:
Motor vehicle-oriented business;
Uses prohibited in Sections 2001.b, 1801, 1802, 1803, 1901.b and 1902;
Industrial uses, except that the assembly, cleaning, testing and repair of electrical appliances and components is permitted if all the above restrictions are met;
Tourist homes;
Animal hospitals and veterinary offices; kennels or pet training;
Motor vehicle service, repair, and/or maintenance;
Mortuaries;
Billiard parlors and other amusements;
Eating and drinking establishments (including carry-out food establishments, but excluding breakfast served to bed-and-breakfast patrons); and
All establishments using coin-operating devices.
(j) 
Pet grooming shall meet the following additional requirements:
(i) 
Permitted only in one-family dwellings without a single apartment unit.
(ii) 
Grooming hours of operation limited to 7:00 a.m. - 6:00 p.m., Monday through Friday. No activities associated with pet grooming, including drop off and pick up, are permitted outside the hours of operation or on weekends are permitted.
(iii) 
No overnight boarding or keeping of any number of pets other than the owner's pets is permitted. The owner's pets can include foster pets.
(iv) 
Dogs shall be on a leash under control of the groomer or employee at all times when outside of the building.
(v) 
A solid panel privacy fence or masonry wall at least six feet in height shall be provided to screen outside locations where the pets may be taken.
(vi) 
No in-home pet day care is permitted.
(vii) 
A zoning permit shall be required for pet grooming.
(5) 
A private garage (including carport) as an accessory building or attached to the main building shall not exceed a capacity as provided in definition, "Garage (Private)," or have a door opening over eight feet in height. When detached from the main building, a private garage shall not include a dwelling.
[Amended by Ord. No. 2141, 6/1/2020]
(a) 
Exception for Large Lots in the R-1 Zoning District.
(i) 
The above referenced capacity limit for one-family dwellings, as provided in the definition "Garage (Private)," is modified to the following extent when the garage is attached to the dwelling:
1) 
Lot area exceeding 25,000 square feet: four-vehicle capacity.
2) 
Lot area exceeding 30,000 square feet: five-vehicle capacity.
(ii) 
Capacity limits in the definition remain in effect for all detached garages regardless of lot size, and for all attached garages on lots with areas less than 25,000 square feet.
(6) 
Student Home. Student Homes are permitted in all zoning districts that allow residential uses pursuant to district regulations applicable for one- and two-family home use. However, in the R-1, R-2, and R-3 zoning districts, student homes are permitted only when all of the following standards are met:
(a) 
Occupancy in a one-family or two-family dwelling used as a student home shall not exceed three unrelated persons, as prescribed in Section 501.1.3.
(b) 
No student home shall be located on a lot any portion of which is closer to another lot used for a student home than a distance determined by multiplying nine times the minimum lot width required for a one-family dwelling in the district in which the student home is located.
(c) 
No more than one dwelling unit in a two-family dwelling may be used as a student home.
(d) 
No more than one building on a lot may be used as a student home.
(e) 
A student home shall have a minimum of 1,500 square feet of floor area per dwelling unit, exclusive of floor areas contained in basements, garages or accessory buildings.
(f) 
A minimum of two parking spaces shall be provided per dwelling unit in driveways or off-street parking areas.
(g) 
No student home shall be occupied or used as such until a zoning permit and rental housing permit have been issued. Plans showing the lot's layout, parking area, landscaping, and floor area shall be submitted with an application for a zoning permit for student home use. In addition, the applicant shall include a list of all properties located, in whole or in part, within the area specified in Section (a). This area shall be defined by the circumference of a polygon that is defined by measuring nine times the minimum lot width requirement for a one-family dwelling in the zoning district from the perimeter of the property for which the application is being submitted. This list shall be prepared by a qualified professional, such as a registered land surveyor or a professional engineer, using generally accepted engineering practices. The application shall include a written description of the method used to identify those properties within the nine times the minimum lot width distance requirement.
(7) 
Chicken hens at one-family dwellings. The keeping of chicken hens at one-family dwellings is permitted provided all of the following conditions are met:{35}
(a) 
No more than four chicken hens shall be kept per one-family dwelling.
(b) 
No person shall keep a rooster in the Borough on a tract of land less than 10 acres in size.
(c) 
All chicken hens shall be housed in a roofed coop that is stationary, secure and enclosed in a way that contains the chickens.
(d) 
The coop shall not be within 30 feet of any main building on an adjacent lot.
(e) 
The minimum coop size shall be three square feet per chicken. The maximum overall coop size shall not exceed 20 square feet.
(f) 
An outside run is permitted when attached to the coop.
(g) 
If an outside run is provided, it shall be no bigger than 10 square feet per chicken and shall be enclosed in a way that contains the chickens.
(h) 
The outside run shall not be within 30 feet of any main building on an adjacent lot.
(i) 
All coops and runs are subject to setbacks for accessory structures.
(j) 
All coops and runs shall be screened from the view at ground level from adjacent lots by using fencing, landscaping, or a combination thereof.
(k) 
A zoning permit shall be required for keeping chicken hens, coops, and outside runs. The fee shall be the same as is charged for small shed permits.

§ 19-502 Lot Area, Width, and Yards.

[Ord. 559, 6/20/1959, Sections 402, 1202, 1202.1, 1202.2, 1202.5, 1202.6, 1202.7, 1202.9, 1202.10, 1202.11, 1202.12, 1202.13; as amended by Ord. 650, 3/23/1964, Section 1; Ord. 766, 8/4/1970, Sections 1 and 2; Ord. 940, 8/9/1978, Section 5; Ord. 961, 9/11/1979, Section 1(f); Ord. 1187, 12/9/1987; Ord. 1216, 8/5/1988; Ord. 1396, 12/10/1992, Section 1; Ord. 1401, 1/11/1993, Section 3; Ord. 1491, 2/8/1996; Ord. 1546, 10/22/1997; Ord. 1549, 11/19/1997, Sections 3 and 4; Ord. 1654, 3/24/2001, Sections 3 and 4; Ord. 1695, 2/7/2002; Ord. 1716, 12/12/2002; Ord. 1839, 4/4/2006, Section 1; Ord. 1841, 4/4/2006, Section 1, 5, 7; Ord. 1853, 10/16/2006, Section 1, 2; Ord. 2075, 5/16/2016, Section 1]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family dwelling: 12,000 square feet.
b. 
Width.
One-family dwelling: 80 feet.
c. 
Front yard depth.
Dwelling: 30 feet.
Non-dwelling: 40 feet.
d. 
Side yard width.
Dwelling: 10 feet.
Accessory Building: 10 feet.
Non-dwelling: 20 feet.
e. 
Rear yard depth.
All structures: 40 feet.
f. 
Exceptions, Additions, and Modifications to Lot Area, Width and Yards. These provisions are applicable in all zoning districts:
(1) 
A single-family dwelling may be erected or altered on any lot of record in separate ownership from that of any adjacent lots at the effective date of this ordinance which is not of the required minimum area or is of such unusual dimensions that the owner would have difficulty in providing open spaces as required for the district, as a variance when authorized by the Zoning Hearing Board.
(2) 
The requirements of this ordinance with respect to lot area and lot width shall not be construed to prevent the erection of a single-family dwelling on any lot plotted of record, and held in separate ownership from that of any adjacent vacant lots at the effective date of this ordinance, provided that the yard and setback requirements are complied with.
(3) 
In the case of irregular-shaped lots, the minimum lot width shall be measured at the required front building line and be maintained for a depth of 30 feet to the rear of the front building line.
(4) 
Designation of Front Yard on a Corner Lot. All yards abutting a street shall comply with the front yard depth of the zoning district.
(a) 
Initial Designation. On corner lots that abut two streets, the owner shall designate which yard opposite the front yard is the rear yard. The remaining yard shall be the side yard. Such designation shall be made when a development plan or zoning permit is required the first time. Thereafter, the lot shall be bound to the yards as designated. No future change in designation may occur with subsequent land development or zoning permit applications, except for redesignation, as provided below, for one-family dwellings in R-1 and R-2 zones. If the owner refuses or fails to designate the rear yard, the Zoning Officer shall make the designation.
On corner lots that abut more than two streets, there shall be no rear yard. All yards, other than the front yard, shall be side yards.
(b) 
Redesignation. In R-1 and R-2 zones, side and rear yards may be redesignated on corner lots with one-family dwellings, provided the following two conditions are met: (i) the redesignation does not cause any building or structure to become nonconforming; (ii) written consent is provided by the current property owner(s) of any lot bordering the corner lot along the side where the yard width would be decreased as a result of redesignation.
(5) 
No building for dwelling purposes shall be erected on any lot which does not have immediate frontage on a public street or have access to a street as provided in the final plot plan of a subdivision approved by the Planning Commission.
(6) 
Every required front, side and rear yard shall be open and unobstructed from the ground to the sky, except for planting, or unless provided otherwise under this Zoning Ordinance.
(7) 
Where a lot is situated between two lots having on each a main building (within 25 feet of its side lot line), the front yard requirements on such lot may be the average depth of the front yards of the existing buildings.
(8) 
The following structures are permitted to extend into required yards, as set forth:
(a) 
Buttress, chimney, cornice or pier, up to 12 inches into all yards. Projecting overhang, but not including second-floor overhangs, up to 30 inches into front or rear yards, and into side yards up to a maximum of two inches per foot of required side yard setback.
(b) 
Open steps, roofed or unroofed, are permitted to extend to a maximum of four feet into side and rear yards. Unroofed open steps that do not extend above the first floor level are permitted to extend into front yards to within 18 inches of a front property line.
(c) 
Retaining walls in the General Commercial District shall be set back 18 feet from the curb face along College Avenue and in the 100 block of South Allen Street and 15 feet along all other street blocks. Outside the General Commercial District, the following shall govern:
Retaining wall of any necessary height but no closer than 18 inches to a street line or alley line, unless the wall is 30 inches or less in height in which case no setback is required.
(d) 
Except as provided for in Subsection (c) and in Section 2001.e, Telecommunications Facilities, the following restrictions shall apply to all fences and wall erected within required yards:
[Amended by Ord. No. 2189, 9/12/2022]
(i) 
Height. The maximum height of fences in the front yard shall not exceed 6.5 feet. The lower four feet, measured from grade can be solid. The remaining 2.5 feet must be 50% see-through or light permeable for a total fence height not to exceed 6.5 feet from grade. This applies to front yards for midblock and corner lots. The graphics below illustrate the permitted conditions:
 Height Midblock Lot.tif
 Height Corner Lot.tif
019 Corner Lot - 3 Front Yards.tif
For the remaining portions of the lot, the maximum fence height shall not exceed 6.5 feet from grade.
Exceptions:
Split rail fences may be in the front yard, but may not exceed five feet in height.
Walls or fences specifically built around tennis courts shall not exceed 10 feet in height from grade.
Walls and fences for one and two-family dwellings which front on US Route 322 (North and South Atherton Streets) shall be permitted to install a 6.5 solid fence provided the rest of the requirements of this ordinance are met.
(ii) 
Permits. A zoning permit approved by the Planning Department is required prior to the installation of any fence over 30 inches in height. The permit fee shall be the same as that charged for a garden shed.
(iii) 
Setbacks. Permanent walls and fences in the General Commercial District shall be set back 18 feet from the curb face along College Avenue and in the 100 block of South Allen Street and 15 feet along all other street blocks. Outside the General Commercial District, the following regulations shall govern:
Walls and fences 30 inches or less in height require no setback. Walls and fences over 30 inches in height shall not be erected closer than 18 inches to a street line. On corner lots, special line-of-sight regulations shall apply to walls and fences over 30 inches in height [see No. (3) below]. Walls and fences over 6.5 feet in height (tennis courts) shall not be erected closer than five feet to a property line.
(iv) 
Corner Lots. On corner lots, walls and fences 30 inches or less in height require no setback. However, within a distance of 30 feet, measured from any corner formed by the intersection of two street lines, fences and walls exceeding 30 inches in height shall not be erected closer than five feet to a street line. Beyond a distance of 30 feet, walls and fences over 30 inches in height shall not be erected closer than 18 inches to a street line.
(v) 
Materials. Use of natural materials shall be encouraged for all fence construction.
(vi) 
Utility Easements. As set forth in Section 2001 of this chapter, no wall or fence shall be erected within the limits of a utility easement.
(e) 
A protective hood, porch or overhang may be erected over a doorway, providing it does not extend more than five feet into any yard.
(f) 
Unroofed platforms, including balconies and decks, on one-and two-family dwellings are permitted to extend into rear yards up to a maximum of two inches per foot of required rear yard setback. Support posts and beams shall be considered to be a part of any platform and may be affixed to the ground below and extend into a rear yard up to the limit set forth for platforms.
(g) 
Accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in side and rear yards of R districts provided that they shall not be placed closer than five feet to any lot line and shall not be placed closer than 50 feet to the cartway of any street. In addition, no accessory building, other than a garage, located in the R-1 zoning district shall be connected to or serviced by a driveway or other paved access with a width greater than five feet and no existing driveway or other paved access with a width greater than five feet may be extended or expanded to provide access to any such accessory building. Accessory buildings not more than 144 square feet in ground floor area and 10 feet in height may not be used as a private garage.
(h) 
Detached private garages or carports in all R Districts except R-1 are permitted in the side and rear yards, provided that they shall not be placed closer than five feet to any lot line and shall not be placed closer than 50 feet to the cartway of any street. In the R-1 zoning district, detached garages and carports shall be located in compliance with applicable setbacks as specified in Sections 502.c, 502.d, and 502.e. In addition, in all R Districts except R-1, 2 abutting property owners may erect a common detached garage or carport across or abutting upon a common lot line in the rear or side yard setback area provided that the property owners supply the Zoning Officer with a written agreement, duly recorded with the County Recorder of Deeds, for the erection of such structure.
(i) 
Signs, awnings and canopies are permitted in required yards within the limits set forth in Chapter XV (Sign Ordinance) of this Codification.
(j) 
In the General Commercial District, temporary outside sales areas, including outdoor cafes, may be located anywhere within a side or rear yard. Temporary outside sales areas and cafes may be located within a front yard, provided that all chairs, tables, fences, sales racks, merchandise and other accouterments incidental to the sales area are set back 10 feet from the curb face along College Avenue and along the 100 and 200 blocks of South Allen Street and eight feet from the curb face along all other streets and that the setback falls on or behind the property line. Additionally, all front yards shall remain free of permanent structures and all items, including tables, chairs, fences, walls, cordons and accouterments, shall be removed from the front yard whenever the establishment is not open for business. The front yard shall remain open and unenclosed.
When outdoor sales or table service is not provided, lightweight chairs and tables may be located anywhere in the front yard provided the tables or chairs are located behind the property line and are not in the public right-of-way.
(9) 
Enclosure or Rehabilitation of Covered Porches on Historic or Contributing Buildings.
(i) 
Any covered porch that is open and attached to a building that is listed on any nationally approved inventory of historic places or is identified or approved as a contributing building in any nationally approved historic district may be enclosed or rehabilitated provided:
aa.
The enclosure or rehabilitation is designed to be compatible with the size, scale, color, material, architectural style and character of the structure and neighborhood; and
bb.
The enclosure or rehabilitation shall be removable without impairing the original structure.
(ii) 
Any proposal to enclose or rehabilitate a porch shall be reviewed by the State College Historical Architectural Review Board prior to the issuance of a zoning permit.
The Historical Architectural Review Board shall make a recommendation to the Planning Department by using the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings with respect to compliance of the application with the applicable criteria above. The Historical Architectural Review Board may make suggestions for changes in the application based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. This recommendation, and any suggestions made by the Historical Architectural Review Board, shall be advisory only and not binding on the Planning Department.
Applications shall include a sketch of the proposed improvements in an appropriate scale but shall be not less than one inch equals 10 feet. The sketch shall provide sufficient information to allow a determination of compliance with Subsection (a) above.
[Amended by Ord. No. 2120, 12/3/2018]
(iii) 
Any decision by the Planning Department shall be appealable to the Zoning Hearing Board as provided for in Section 909.1 of the Pennsylvania Municipalities Planning Code.
(10) 
Lot area, width and yards for telecommunications facilities, except for shared use telecommunications antennas, shall be as specified in Section 2001.e, Telecommunications Facilities.
g. 
Lot Coverage.
(1) 
The cumulative area of all building footprints on a lot, including accessory buildings, shall not exceed the following coverage for a given lot's area:
Lot areas 15,000 square feet or smaller = 30%.
Lot areas >15,000 square feet up to and including 25,000 square feet = 4,500 plus 0.05 X number of square feet above 15,000.
Lot areas >25,000 square feet = 20%.
Examples: Building Coverage Calculation
Lot size is 15,000 S.F. calculation is: 0.3 X 15,000 = 4,500 S.F. = 30%.
Lot size is 20,000 S.F. calculation is: 4,500 plus 0.05 X 5,000 = 4,750 S.F. = 23.75%
Lot size is 25,000 S.F. calculation is: 4,500 plus 0.05 X 10,000 = 5,000 S.F. = 20%.
Lot size is 35,000 S.F. Coverage calculation is 0.2 X 35,000 = 7000 S.F. = 20%.
(2) 
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square feet area between any two 1,000 square-foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; lot coverage ((0.12 -
(6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.
h. 
Maximum Building Width on Replotted Lots. Whenever two or more lots are consolidated or re-plotted into one after the effective date of this ordinance (October 20, 2006] and the resultant lot width from the consolidation exceeds 135 feet, the maximum building width allowed on such lot shall be determined by multiplying the lot's width in feet by 0.6. The product of this ratio subject to the rules set forth below is the maximum building width, in lineal feet, permitted on the consolidated lot. Building setbacks are applicable and are used in conjunction with the ratio.
(1) 
Rules: The following rules are used in conjunction with the ratio.
Building width shall be measured as the cumulative lineal length of all building walls facing a street that are within a distance of two times the required front setback. Walls beyond this distance do not count towards building width.
On lots with more than one building, the cumulative widths of all buildings shall not exceed the ratio.
A facing wall is any wall built parallel to or within a 45° angle of the front property line.
Maximum building width using the ratio is applicable to each lot side with street frontage.
On lots without frontage, like a flag lot, the ratio applies along the side designated as the front.
(2) 
Calculation Examples:
Lot width = 151 feet 151 feet X 0.6 = 90.6 feet maximum building width
Lot width = 200 feet 200 feet X 0.6 = 120 feet maximum building width
i. 
Minimum Open Space (all uses): 50%.

§ 19-503 Height.

[Ord. 559, 6/20/1959, Sections 403, 1202.2, 1203, and 1203.1; amended by Ord. 1423, 12/8/1993, Section 6; Ord. 1526, 3/25/1997, Section 4; Ord. 1549, Section 5; Ord. 1841, 4/4/2006, Section 2]
The maximum heights of structures in this district, except as otherwise provided, shall be:
a. 
Dwelling: 25 feet (not exceeding two stories), except as provided in Section 503.d.
b. 
Accessory Building: 15 feet (not exceeding one story).
c. 
Non-Dwelling: 30 feet, except as provided in Section 503.d.
d. 
Exceptions, Additions and Modifications to Height.
(1) 
Buildings used for the following purposes in R districts may exceed the district's height limit, but are bound to the following maximum heights:
Public school building: 40 feet maximum.
Country club building: as provided for in Section 506.
Elderly housing building: 40 feet maximum.
(2) 
Height limitations shall not apply to chimneys, church spires, water tanks or necessary mechanical features not occupying more than 1/10 of the roof area, electrical equipment on poles, or telecommunication facilities which are regulated by the height limitations specified in Section 2001.e.

§ 19-504 Parking Requirements.

Parking requirements shall be as specified in Part H of this chapter.{40}

§ 19-505 Elderly Housing Development.

[Ord. 1157, 12/16/1986, Section 1; amended by Ord. 1198, 2/8/1988, Section 9]
Housing projects for the elderly, as specified below, may be permitted as conditional uses in the R-1 (Residence) District subject to the following criteria:
a. 
Purpose And Concept. This provision is intended to help meet the growing demand for elderly housing in the Borough through the creation of planned elderly housing developments. It modifies use, lot area, width, and yard requirements otherwise applicable to the district, establishes additional design controls, requires unified planning and management of each development and provides for Council approval as a conditional use following site plan review. Elderly housing developments shall be planned, designed and managed as integrated projects.
b. 
Use. In addition to the uses permitted in Section 501 of this chapter, elderly housing developments may consist of the following: row dwellings not exceeding six units in any one direction; and medical clinics, nursing and convalescent homes for use by residents of the development only. Personal care and congregate meals may be provided within the building types permitted above.
c. 
Lot Area, Width And Yards.
(1) 
Lot Area. Each elderly housing development shall consist of a minimum of five acres for the total development and a maximum density of 5,000 square feet of lot area per dwelling unit. The amount of land used for medical clinics, nursing and convalescent homes may be used to achieve the five-acre minimum for the development but may not be used for purposes of calculating maximum residential densities.
(2) 
Minimum lot width: 300 feet.
(3) 
Minimum Yard Depth. Minimum front, side and rear yard depths shall be as required in Section 502 of this chapter, except that yard depths for row dwellings, medical clinics, nursing and convalescent homes shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 40 feet.
All structures in excess of 25 feet in height shall be set back a minimum distance of 80 feet from all property lines not abutting a street. For side and rear lot boundaries which abut properties in zoning districts other than R-1 and R-2, the side and/or rear yard depths specified above are reduced to those applicable in the abutting district.
d. 
Height. The maximum height of structures permitted for elderly housing developments shall be as specified in Section 503 of this chapter.
e. 
Parking Requirements. Parking requirements shall be as specified in Section H of this chapter, except that the number of required parking spaces for row dwellings shall be one space per dwelling unit.
f. 
Additional Requirements.
(1) 
Management. All dwelling units, medical clinics, nursing and convalescent homes within the elderly housing development shall be jointly managed by an individual, firm, partnership or corporate entity.
(2) 
Age Restrictions. Residence in the elderly housing development shall be limited to those persons aged 62 and over and their spouses.
(3) 
Distance Between Developments. No point on the boundary of an elderly housing development in this district may be closer than 2,000 feet from the nearest point of the boundary of any other elderly housing development located in an R-1 or R-2 district.
(4) 
Buffer Yards. Buffered screening, consisting of plantings, earth mounds and/or decorative fences and walls shall be planted, installed and maintained near the boundary lines of the elderly housing development to form a sight restrictive screen of all structures from adjacent residential lots or undeveloped lots zoned R-1 or R-2.
(5) 
Vehicular Access. Irrespective of provisions specified in Section 2406 of this chapter, vehicular access shall be designed to avoid directing traffic through adjacent residential areas. All elderly housing developments shall abut an arterial street.
(6) 
Nuisances. Additional requirements may be imposed by Council to minimize nuisances caused by excessive noise, glare, smoke or vibration or to promote traffic safety.
g. 
Administrative Review. All applications for a zoning permit under provisions of this option must receive approval by Borough Council as a conditional use following procedures specified in Section 1804.b of this chapter, except that site plan requirements shall be those specified in Section 305 of this chapter. Construction of dwelling units in an elderly housing development may be phased over time in accordance with an overall plan and timetable approved by Borough Council, provided that at least half of all dwelling units shall be constructed prior to or concurrent with other uses permitted within elderly housing developments. All proposed changes to an approved site plan shall comply with the review procedures established herein as though such changes were a new site plan.

§ 19-506 Country Club.

[Ord. 559, 6/20/1959; amended by Ord. 1637, 10/5/2000, Section 1]
A Country Club, including sales to customers and guests is permitted in the R-1 Residence District, subject to the following criteria:
a. 
Lot Area, Width, and Yards:
(1) 
Lot area: 15 acres.
(2) 
Lot width: sufficient to meet required yards.
(3) 
Yard Depth:
(a) 
All buildings in excess of 256 square feet: 200 feet from any property line.
(b) 
Picnic areas and shelters, playground equipment; unenclosed swimming pools; playing fields (other than driving ranges and golf course); unenclosed tennis courts, basketball, shuffleboard and other courts; buildings for the sale, rental and service of non-motorized golf equipment that are less than 144 square feet of gross floor area, unless attached to one of the buildings listed in Subsection 506.a(3)(a) of this chapter, in which case the minimum setback shall comply with Subsection 506.a(3)(a): 40 feet from any property line.
(c) 
Driving ranges and golf courses: no setback required.
b. 
Height:
(1) 
Clubhouse: 40 feet, except that one extra foot in height is permitted provided two additional feet of setback is provided for each additional foot of height with a maximum building height of 50 feet.
(2) 
All other buildings: one story, not to exceed 20 feet.
c. 
Parking. Parking requirements shall be as specified in Part H (Off-Street Parking) of this chapter, except that vehicular access is limited to arterial and/or collector streets.
d. 
Buffer Yards. Buffer yards, as specified herein, are required when any facility listed in Subsection 506.a(3)(b) above is located within 200 feet of an adjacent R-1, R-2, R-3 or R-3B zoning district or residential use (including residential uses within a Planned Residential District [PRD]) in any other zoning district.
All building faces and other facilities shall be screened from view from abutting residential zoning districts and uses as provided for in Subsections (1), (2), (3) and (4) below, as applicable:
(1) 
Screening shall be provided by a continuous view-restrictive screen at least six feet in height designed to obscure the view of buildings and other facilities from residential zoning districts and uses.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of screen length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences (or a combination thereof) may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material which dies shall be replaced.
(2) 
Existing vegetation and/or natural features may be used to meet buffer yard requirements, provided the location and composition of existing plant materials and/or natural features will result in screening that meets the requirements of this section. The requirement that 50% of the screen's length be comprised of evergreen plant material shall only apply to newly installed plant material whether at the time of initial installation or installation to replace required plant material that has died.
(3) 
If located more than 10 feet from the building or other facility being screened, the lateral dimension of the screening shall include the facility being screened plus 100 feet from the ends of all sides of the facility.
(4) 
If located less than 10 feet from the building or other facility being screened, the lateral dimension of the screening shall include the facility being screened plus 25 feet from the ends of all sides of the facility.
e. 
Lighting:
(1) 
Lights at facilities listed in Subsection 506.a(3)(b) and at any driving range or golf course shall not be used between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.
(2) 
All exterior lighting for Country Club installations shall comply with Part K of this chapter.

§ 19-601 Use.

[Ord. 559, 6/20/1959, Section 501; amended by Ord. 578, 6/10/1960, Article V; Ord. 834, 12/4/1973, Section 1; Ord. 844, 2/4/1974, Article III; Ord. 858, 10/8/1974; Ord. 981, 11/3/1980, Section 3; Ord. 1049, 3/9/1983, Section 1; Ord. 1347, 8/21/1991, Section 1; Ord. 1390, 9/14/1992, Section 1; Ord. 1529, 5/5/1997, Section 3; Ord. 1591, 4/8/1999, Section 1, *Ord. 1640, 11/21/2000, Section 1; Ord. 1872, 6/18/2007, Section 1; Ord. 1961, 2/7/2011, Section 1]
In this district, the land and structures may be used and structures may be erected, altered, enlarged and maintained for the following uses only:
a. 
Any use permitted in the R-1 district.
b. 
Two-family dwelling.
c. 
Student Home.
d. 
Special exceptions permitted by the Zoning Hearing Board, as prescribed in Section 606 of this chapter, including:
(1) 
Conversion of existing fraternity houses to:
(a) 
Club or Community Center.
(b) 
Day-care center for Children.
(c) 
Home for Elderly Persons.
(e) 
Nursing Home.
(f) 
Offices.
(g) 
Private School.
(2) 
Hospital or Clinic.
(3) 
Highway Transitional Uses.
(4) 
Conversion of existing State College Area School District buildings to:
(a) 
Private Day or Resident School.
(b) 
Professional Office.
(c) 
Medical/Dental Office.
(d) 
Housing for the Elderly or Disabled.
(e) 
Personal Care Boarding Home.
(f) 
Public or Private Library, provided no more than 5% of the gross floor area is used for on-site retail sales.
(g) 
Performing Arts Centers, Museums and/or Art Galleries, provided they are open to the general public.
(h) 
Day-care center.
(i) 
Neighborhood Center.
e. 
Mixed Use Overlay District as provided in Section 609.
f. 
Conversion of existing fraternity houses to rooming houses on a temporary basis as provided in Section 2002.

§ 19-602 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 502; amended by Ord. 952, 1/10/1979, Section 1{50}; Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396, 12/10/1992, Section 2; Ord. 1853, 10/16/2006, Section 3; Ord. 1841, 4/4/2006, Section 3, 5; Ord. 1853, 10/16/2006, Section 4; Ord. 2091, 3/6/2017, Section I]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family dwelling: 10,000 square feet.
Two-family dwelling: 20,000 square feet.
Private academic schools: one acre.
b. 
Lot width.
One-family dwelling: 75 feet.
Two-family dwelling: 125 feet.
(Measured on the shorter street frontage for corner lots.)
Private academic school: 150 feet.
c. 
Front yard depth.
Dwelling: 30 feet.
Non-dwelling: 40 feet.
Public schools: 30 feet.
d. 
Side Yard Depth.
Dwelling: eight feet.
Accessory building: eight feet.
Non-dwelling: 20 feet.
e. 
Rear Yard Depth.
All Structures: 20% of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall be less than 15 feet.
f. 
Lot Coverage.
(1) 
The cumulative area of all building footprints on a lot, including accessory buildings, shall not exceed the following coverage for a given lot's area:
Lot areas 15,000 square feet or smaller = 30%.
Lot areas >15,000 square feet up to and including 25,000 square feet = 4,500 plus 0.05 X number of square feet above 15,000.
Lot areas >25,000 square feet = 20%.
Public schools: 30%.
Examples: Building Coverage Calculation.
Lot size is 15,000 S.F. calculation is: 0.3 X 15,000 = 4,500 S.F. = 30%.
Lot size is 20,000 S.F. calculation is: 4,500 plus 0.05 X 5,000 = 4,750 S.F. = 23.75%.
Lot size is 25,000 S.F. calculation is: 4,500 plus 0.05 X 10,000 = 5,000 S.F. = 20%.
Lot size is 35,000 S.F. Coverage calculation is 0.2 X 35,000 = 7000 S.F. = 20%.
(2) 
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square feet area between any two 1,000 square-foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; lot coverage ((0.12 -
(6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.
g. 
Maximum Building Width on Replotted Lots. Whenever two or more lots are consolidated or re-plotted into one after the effective date of this ordinance (October, 2006) and the resultant lot width from the consolidation exceeds 135 feet, the maximum building width allowed on such lot shall be determined by multiplying the lot's width in feet by 0.6. The product of this ratio subject to the rules set forth below is the maximum building width, in lineal feet, permitted on the consolidated lot. Building setbacks are applicable and are used in conjunction with the ratio.
(1) 
Rules: The following rules are used in conjunction with the ratio.
Building width shall be measured as the cumulative lineal length of all building walls facing a street that are within a distance of two times the required front setback. Walls beyond this distance do not count towards building width.
On lots with more than one building, the cumulative widths of all buildings shall not exceed the ratio.
A facing wall is any wall built parallel to or within a 45° angle of the front property line.
Maximum building width using the ratio is applicable to each lot side with street frontage.
On lots without frontage, like a flag lot, the ratio applies along the side designated as the front.
(2) 
Calculation Examples:
Lot width = 151 feet, 151 feet X 0.6 = 90.6 feet maximum building width
Lot width = 200 feet, 200 feet X 0.6 = 120 feet maximum building width
h. 
Minimum open space:
Public schools: 45%.
All other uses: 50%.

§ 19-603 Height.

[Ord. 559, 6/20/1959, Section 503; amended by Ord. 1841, 4/4/2006, Section 4]{60}
The maximum heights of structures in this district, except as otherwise provided, shall be:
a. 
Dwelling: 25 feet (not exceeding two stories), except as provided in Section 503.d.
b. 
Accessory Building: 15 feet (not exceeding one story).
c. 
Non-Dwelling: 30 feet, except as provided in Section 503.d.

§ 19-604 Parking Requirements.

As specified in Part H of this chapter.

§ 19-606 Special Exceptions.

[Ord. 559, 6/20/1959, Section 1501, 1501.2; amended by Ord. 844, 2/5/1974, Sections 3 and 4; Ord. 941, 9/11/1978, Section 128; Ord. 1049, 3/9/1983, Section 2; Ord. 1181, 9/10/1987; Ord. 1198, 2/8/1988, Section 10, 11; Ord. 1284, 7/10/1990, Section 8; Ord. 1347, 8/21/1991, Sections 2 through 6 inclusive; Ord. 1374, 6/3/1992, Sections 1 through 7 inclusive; Ord. 1390, 9/14/1992; Ord. 1392, 11/3/1992; Ord. 1449, 9/8/1994, Section 1; Ord. 1640, 11/21/2000, Section 2; Ord. 1950, 5/3/2010, Section 4 and 5]
Under powers set forth in Sections 301 to 304 of this chapter, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days after public hearing, may authorize a permit as a special exception, subject to the conditions set forth, and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and to safeguard adjacent properties, for the following:
a. 
Fraternity House Conversion, Demolition and Replacement, Expansion, and Use of Vacant Lots.
(1) 
Conversion of Existing Fraternity Houses.
Purpose: Many of the Borough's existing fraternity houses are located in a zoning district where their use is nonconforming. Additionally, most existing nonconforming fraternity houses are contributing buildings to the underlying historic district. Should their fraternity use be discontinued, the uses to which the building could be converted are limited and not well suited for insuring the continued maintenance and preservation of these large and attractive buildings. Maintaining their continued presence and viability best serves the public interest because these buildings are beneficial to the stability and character of the neighborhood, and they contribute greatly to the architectural theme of the underlying historic district. Accordingly, this special exception provision is intended to expand the types of uses otherwise permitted in these buildings, thereby fostering their adaptive reuse and preservation. To qualify for this special exception, the building must be (1) a contributing building to the underlying historic district and (2) its fraternity use must be nonconforming. Existing fraternity houses meeting both of these criteria may be converted to the following uses subject to the terms and conditions set forth herein:
(a) 
Club or Community Center.
(b) 
Day-care center for Children.
(c) 
Home for Elderly Persons.
(d) 
Nursing Home.
(e) 
Medical Clinic.
(f) 
Offices.
(g) 
Private School.
(2) 
Demolition and Replacement, Expansion, and Use of Vacant Lots for Fraternity Buildings, as a Special Exception.
Conversion of such fraternity houses shall be made only after the Zoning Hearing Board finds that the following standards and criteria have been met:
Exterior alterations and additions to the building shall be limited so that the ground area coverage of the building shall not be increased more than 20%. Such proposed alterations shall be reviewed by both the State College DRB (first) and the State College Planning Commission (second) and their recommendations shall be made in writing to the Zoning Hearing Board, which shall consider such recommendations and may require reasonable changes in such proposed alterations as a condition in granting of such special exception.
Repair and maintenance work on such building exterior, which does not alter the design or appearance of such building, shall not be considered a proposed alteration and shall not require review and recommendation by the two agencies set forth hereinabove.
Repair and maintenance work on such building exterior, which does not alter the design or appearance of such building, shall not be considered a proposed alteration and shall not require review and recommendation by the two agencies set forth hereinabove.
Any applicant for a special exception hereunder may submit plans showing such proposed alterations to the Planning Commission and the DRB and obtain such recommendations required hereunder before making application for such special exception; or, if not, after the application for such special exception is filed, such plans shall immediately be referred to the Planning Commission and DRB for such review and recommendation by the Borough Zoning Officer, and such written recommendations shall be transmitted by the two agencies to the Zoning Hearing Board within 30 days thereafter.
All motor vehicle parking areas shall be confined to the rear yard and such areas shall not occupy more than 35% of the lot area; provided, however, that parking areas in existence prior to the conversion of such building may be permitted to continue in use, provided such parking areas do not constitute a safety hazard.
If a sign is desired for use after conversion, one sign may be approved subject to the following conditions:
The appearance and location of such sign shall be approved by the State College DRB and such approval given, in writing, to the Zoning Hearing Board. The procedures set forth herein for exterior alteration proposals shall govern the approval required herein. In addition, any such sign shall not exceed 12 square feet in area; shall be restricted to name and address and type of business; and shall not include commercial advertising of products.
An existing fraternity house within the R-2 district may be demolished and replaced with another fraternity house or may be enlarged, as a special exception subject to approval by the Zoning Hearing Board. The State College Planning Commission shall be afforded an opportunity to review such applications and may make a written recommendation to the Zoning Hearing Board about the appropriateness of the building's architectural design and site layout and about impacts on public safety, health or welfare. The Zoning Hearing Board shall consider such recommendations and may require reasonable changes in the application as conditions on granting such special exception.
New construction of fraternities or expansion of existing fraternities within the R2 zone shall be subject to all the provisions of the R2 zoning district, except for side yard depth, which shall be 20 feet. Expansion of an existing fraternity house or construction of a new fraternity house shall not be allowed on any adjacent land held as a separate lot of record and under separate ownership from the fraternity house lot at the time when the land's zoning designation became R2. Any vacant lot of record owned by a fraternity corporation at the time the land's zoning designation became R2, may be used for the construction of a new fraternity house.
b. 
Hospital or Clinic. Hospitals or clinics are permitted in the R-2 districts, provided:
Such hospital or clinic does not include general treatment of contagious disease, the insane and is not a penal or correctional institution.
Access is from a primary street which has a pavement width of not less than 32 feet.
No part of any main building shall be located less than 100 feet from the property line.
c. 
Highway Transitional Uses. Any existing structure or land abutting the designated primary arterial streets may be used for the uses listed below subject to meeting the express criteria:
(1) 
Location. Highway transitional uses are permitted only on properties abutting the below-listed streets, provided vehicular access is available through an existing alley:
(a) 
West side of South Atherton Street from the southern lot line of 306 South Atherton Street to the north side of Fairmount Avenue.
(2) 
Uses Permitted. Offices for lawyer, accountant, architect, engineer, minister, governmental, insurance, real estate, brokerage and all other offices which are similar to the listed uses in function, traffic generating and attraction capacities, except that medical and related offices of chiropody, chiropractic, clinical psychologist, dentistry, medical optical, optometric and osteopathic offices and other client care providers are specifically excluded.
Drive-in or motor-vehicle-oriented business uses are prohibited as a main or accessory use.
(3) 
Area and Bulk. Lot area and width, yards and height restrictions shall be the same as those for single-family dwellings for the district within which the special exception is requested. Nonconforming lots and structures which fail to meet the applicable area and bulk requirements may be used for the uses permitted above as special exceptions, provided such non- conformities are not increased and that other provisions of this section are met.
(4) 
Design Criteria.
(a) 
When an existing residence is to be converted to a nonresidential use, no exterior alterations or additions which change the residential character of the building by use of colors, materials, design or lighting shall be permitted.
(b) 
No more than one primary structure shall be permitted on any one parcel.
(c) 
When abutting a residential use, the rear and side yards of all nonresidential highway transitional uses shall be screened from the adjoining properties by a buffer at least six feet in height of view-restrictive plantings or decorative wall.
(d) 
Minimum off-street parking spaces shall be provided as required in Section 2403 of this chapter, or one space per employee, whichever is greater. The maximum number of spaces for highway transitional uses shall not exceed one space per 150 square feet of gross floor area. The construction of new driveways off arterial streets is prohibited.
(e) 
All off-street parking areas, including driveways and aisles, shall be designed and constructed in compliance with the provisions of Sections 2401 through 2406 of this Zoning Ordinance.
(f) 
The number of employees in permitted highway transitional uses shall be limited to eight employees for the first 10,000 square feet or portion thereof of lot area, plus one employee for each additional 5,000 square feet of lot area beyond the initial 10,000 square feet [e.g. 8,000 square feet = eight employees; 12,000 square feet = eight employees; 15,500 square feet = nine employees]. Employment limitations shall apply to all full-time and part-time persons (including owners or partners) employed on the premises at any given time or during any work shift.
(g) 
No structure used for a highway transitional use may cover more than 20% of the lot, or 2,500 square feet, whichever is greater. Existing structures converted to highway transitional uses may be expanded to meet, but not exceed, these limitations.
(h) 
Highway transitional uses may be open for business only between the hours of 8:00 a.m. and 9:00 p.m.
(i) 
One sign may be permitted on each property used as a highway transitional use. In addition to the criteria of Chapter XIV of this Codification, any sign displayed for a highway transitional use shall be subject to the following:
(i) 
Not exceed 12 square feet for a single-face or 24 square feet for a two-faced sign.
(ii) 
Be located only in the yard abutting the arterial street.
(iii) 
Internally-illuminated signs are not permitted; external illumination may be used only during business hours.
(iv) 
The content of the sign shall be restricted to the name and address of the occupant and to the type of business conducted on the site.
(j) 
All business activity on the site shall be conducted only within the building on the site. Any outdoor storage of business materials or supplies is prohibited.
(5) 
Plan Review. All applications for a highway transitional use shall be submitted to the Planning Commission for its review and recommendation to the Zoning Hearing Board. Any report by the Planning Commission to the Zoning Hearing Board may also include suggestions by the Commission for modification to the development plan. Plans shall be submitted in the form required by Section 305 of this chapter.
(6) 
In reaching a determination on a specific proposal for a highway transitional use, the Zoning Hearing Board may exercise every precaution to ensure that the use shall not create a nuisance by reason of smoke, odor, glare, noise, vibration, radio or television interference off the site.
d. 
Conversion of Existing State College Area School District Buildings. Upon sale or other cessation of use by the State College Area School District, existing State College Area School District buildings may be converted to the following specific uses subject to the terms and conditions set forth hereinunder:
Private Day or Resident School
Professional Office
Medical/Dental Office
Housing for the Elderly or Disabled
Personal Care Boarding Home
Public or Private Library, provided that no more than 5% of the gross floor area is used for on-site retail sales
Performing Arts Centers, Museums and/or Art Galleries, provided they are open to the general public
Day-care center
Neighborhood Center
(1) 
Vehicular Access. Vehicular access for the following school buildings shall be restricted to the following streets:
College Heights Elementary School restricted to Hillcrest Avenue;
Radio Park Elementary School restricted to Cherry Lane;
Corl Street Elementary School restricted to Corl Street;
Easterly Parkway Elementary School restricted to Easterly Parkway.
(2) 
Required Off-Street Parking. Except as provided for in this section, required off- street parking shall be provided in accordance with Part H of the Zoning Ordinance.
(a) 
Rear- and side-yard setbacks for parking areas adjacent to an R-1, R-2, R-3 or R-3B district shall be a minimum of 10 feet. This setback shall be planted in accordance with the buffer yard requirements stated in Section 606.e(3), below.
(3) 
Buffer Yards. Buffer yards, as specified herein, are required when a school building located on a site adjacent to an R-1, R-2, R-3 or R-3B district is converted to one or more of the uses permitted under this special exception.
All building faces and parking areas, except those fronting public rights-of-way, whether in existence at the time of the adoption of this ordinance or developed subsequently, shall be screened from view from abutting residential zoning districts, as provided for in Subsections 606.e(3)(i), (ii) and (iii) below, as applicable:
(a) 
Screening shall be provided by a continuous view-restrictive screen at least six feet in height designed to obscure the view of buildings and parking areas from residentially zoned districts.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of screen length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences (or a combination thereof) may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material which dies shall be replaced.
(b) 
Existing vegetation and/or natural features may be used to meet buffer yard requirements, provided the location and composition of existing plant materials and/or natural features will result in screening that meets the requirements of this section. The requirement that 50% of the screen's length be comprised of evergreen plant material shall only apply to newly installed plant material whether at the time of initial installation or installation to replace required plant material that has died.
(c) 
Existing parking areas fronting public rights-of-way shall be screened in accordance with the requirements of Part H, Off-Street Parking, of this chapter.
(4) 
Signs. One ground pole sign is permitted on each property. Such sign shall not exceed 12 square feet per sign face. No part of the sign or any supporting structure may exceed six feet in height. The base area of all ground pole signs shall be landscaped with shrubs and other living plant material.
Roof signs and projecting signs are prohibited.
Wall signs, other than directory signs or building name signs, are prohibited. Such wall signs may not exceed 25 square feet per directory sign. No more than one directory sign is permitted per building entrance.
Internally illuminated signs are prohibited.
(5) 
Building Expansion. Any existing school building(s) converted to a non-school use, as provided for herein, may be expanded by up to 20% of the existing gross floor area at the time of the initial conversion to a non-school use subject to the following conditions:
(a) 
Height of the building shall be limited to two stories, not to exceed 25 feet;
(b) 
Design, materials, and color of the building expansion be complimentary to the existing building; and,
(c) 
Setbacks for non-dwellings are maintained.
(6) 
Configuration. Housing for the elderly or disabled may be configured as one-family dwellings, two-family dwellings, multiple-family dwellings, row dwellings or any combination thereof, as defined in Part B of this chapter.
(7) 
Lot Area. The minimum lot area for housing for the elderly and/or disabled shall be 4,000 square feet of lot area per dwelling unit.
(8) 
Land Development Plan Review. Prior to review by the Zoning Hearing Board, all applications for a special exception for the conversion of an existing school building shall be submitted to the Planning Commission and Design Review Board, as specified in Section 305 of the Zoning Ordinance. In making its report to the Zoning Hearing Board on the application, the Planning Commission may also include suggestions for modifications of the land development plan.

§ 19-607 Elderly Housing Development.

[Ord. 1157, 12/16/1986, Section 2]
Housing projects for the elderly, as specified below, may be permitted as conditional uses in the R-2, Residence District, subject to the following criteria:
a. 
Purpose and Concept. This provision is intended to help meet the growing demand for elderly housing in the Borough through the creation of planned elderly housing developments. It modifies use, lot area, width and yard requirements otherwise applicable to the district, establishes additional design controls, requires unified planning and management of each development and provides for Council approval as a conditional use following site plan review. Elderly housing developments shall be planned, designed and managed as integrated projects.
b. 
Use. In addition to the uses permitted in Section 601 of this chapter, elderly housing developments may consist of the following: row dwellings not exceeding six units in any one direction; and medical clinics, nursing and convalescent homes for use by residents of the development only. Personal care and congregate meals may be provided within the building types permitted above.
c. 
Lot Area, Width And Yards.
(1) 
Lot Area. Each elderly housing development shall consist of a minimum of five acres for the total development and a maximum density of 4,000 square feet of lot area per dwelling unit. The amount of land used for medical clinics, nursing and convalescent homes may be used to achieve the five-acre minimum for the development but may not be used for purposes of calculating maximum residential densities.
(2) 
Minimum lot width: 300 feet.
(3) 
Minimum Yard Depth. Minimum front, side and rear yard depths shall be as required in Section 602 of this chapter, except that yard depths for row dwellings, medical clinics, nursing and convalescent homes shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 30 feet.
All structures in excess of 25 feet in height shall be set back a minimum distance of 80 feet from all property lines not abutting a street. For side and rear lot boundaries which abut properties in zoning districts other than R-1 and R-2, the required side and/or rear yard depths specified above are reduced to those applicable in the abutting district.
d. 
Height. The maximum height of structures permitted for elderly housing developments shall be as specified in Section 603 of this chapter.
e. 
Parking Requirements. Provisions of Section 505.e of this chapter shall apply.
f. 
Additional Requirements. Provisions of Section 505.f of this chapter shall apply.
g. 
Administrative Review. Provisions of Section 505.g of this chapter shall apply.

§ 19-608 Notice Prior to Demolition, Removal or Razing.

[Ord. 1516, 12/23/1996, Section 1; amended by Ord. 1574, 8/20/1998, Section 1]
All owners of structures included in the Historic Resources of the Centre Region, prepared in 1982 by the Centre Regional Planning Commission, listed on the National Register of Historic Buildings or included as a contributing structure in an existing or formally proposed National Historic Register District must give public notice prior to the demolition, removal or razing of such building or any portion thereof. This notice shall be given no less than 30 days prior to issuance of the zoning permit for demolition. The notice of demolition shall be posted on the property on which the structure is located (using a sign provided by the Borough) and on the public bulletin board at the State College Municipal Building, and placed in a paper of general circulation within the Borough. The applicant, before starting notice procedure, must schedule a meeting with the Zoning Officer to review the applicant's plans for the notice and provide a copy of the notice to the Zoning Officer. Following is a sample notice to be used:
NOTICE OF DEMOLITION OF A HISTORIC STRUCTURE
Public Notice is hereby given that this property has a building that is listed or eligible for listing on the National Register of Historic Places; is a contributing structure in a National Register Historic District; or is listed in the Historic Resources of the Centre Region prepared in 1982 by the Centre Regional Planning Commission and is proposed to be demolished in whole or in part. The property in which the Historic Structure is located is at ____________________. Tax Parcel Number _________. The type of structure, or part thereof, to be demolished is _________________________. The purpose of this notice is to give the residents an opportunity to contact the owner and to point out other options to possibly prevent the demolition of a historic resource of the Borough of State College. It is the owner's intent to start demolition of this structure on ______________________. For more information on this demolition, you can contact the Borough Zoning Officer at 118 South Fraser Street, State College, PA 16801 or by telephone (814) 234-7193, TDD (814) 234-7110. The owner's name and address are: _________________________.

§ 19-609 Mixed Use Overlay.

[Ord. 1872, 6/18/2007, Section 4]
This overlay district is established within designated areas of the municipality as an overlay district supplementing the existing base zoning. It recognizes that urbanized areas are often characterized by excessive noise and congestion caused by increased pedestrian movements, truck traffic and other varieties of vehicular traffic. Excessive noise and congestion are not compatible with low-density residential uses.
Within the Mixed-Use Overlay District, there are many one- and two-family houses remaining that were built at a time when the designated areas were less urban. It is desirable to maintain and reuse these structures even though they may no longer be in a suitable location for low- density residential uses.
a. 
Purpose. Accordingly, the purposes of the overlay district are to:
(1) 
Provide uses, in addition to the base zoning, that can function well in busy urbanized areas.
(2) 
Provide for adaptive reuse of these structures without changing their character, physical appearance or compatibility with adjoining residential uses.
(3) 
Provide a buffer between established residential neighborhoods and the designated areas thereby insulating these neighborhoods from the detrimental effects of high traffic volumes, congestion and noise.
b. 
Location.
(1) 
East Beaver Avenue (south side), Hetzel Street to the eastern dead end of Beaver Avenue;
(2) 
and as permitted in the R-3H zone.
Properties within the Mixed-Use Overlay District that do not meet the criteria established in this section may not be used for the uses listed in Subsection d. below.
c. 
Access. Vehicle access to any site for which a Mixed-Use Overlay District use is proposed shall be from an arterial street, provided the access criteria specified herein are met. In cases where arterial access criteria cannot be met, access shall be provided from the next access classification in descending order. Access classifications, in descending order, are as follows: secondary arterial, collector, local, and alley.
(1) 
Criteria for Arterial Access. Direct access to an arterial street from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(a) 
The arterial street on which the site of the proposed Mixed-Use Overlay District use has frontage is either (1) a 1-way street or (2) a 2-way street with center turn lane and on-site traffic controls restrict exiting movements to right turn only;
(b) 
Line of sight at any existing or proposed curb cut or other access point equals or exceeds PennDOT standards for safe sight distance for passenger cars exiting from driveways onto 2-lane roads at the posted speed for the road being entered;
(c) 
The projected trip generation, assuming all existing building square footage is used for the proposed Mixed-Use Overlay District use, does not exceed 100 average daily traffic (i.e. total ingress and egress does not exceed 100 trips per day);
(d) 
If the arterial street is a State route, a highway occupancy permit must be obtained from PennDOT;
(e) 
The peak hour volume/capacity ratio for the arterial is 0.75 or less and is calculated using the methodology in the Highway Capacity Manual;
(f) 
On-site parking is configured such that vehicles may enter and exit the site without backing off of or on to the arterial street; and
(g) 
Access shall conform to driveway location standards and off-street parking standards, as specified in this chapter.
(2) 
Criteria for Secondary Arterial, Collector or Local Street Access. Direct access to a secondary arterial, collector or local street from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(a) 
Access to an arterial street meeting the above-specified criteria is not available;
(b) 
Line of sight at any existing or proposed curb cut or other access point equals or exceeds PennDOT standards for safe sight distance for passenger cars entering 2-lane highways at the posted speed for the road being entered;
(c) 
On-site parking is configured such that vehicles may enter and exit the site without backing off of or on to the street; and,
(d) 
Access shall conform to driveway location standards and off-street parking standards, as specified in this chapter.
(3) 
Criteria for Alley Access. Direct access to an alley from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(a) 
Access is not available from an arterial, secondary arterial, collector or local street which meets the applicable standards for access from an arterial street, as specified in Subsection a.i through vii, or Subsection b(i) through (iv), above, respectively;
(b) 
The alley has been ordained and opened by the municipality;
(c) 
The alley is located at the rear of the site and parallel to the arterial street on which the site has frontage; and,
(d) 
Adequate sight distance exists at the intersection of the alley and the secondary arterial, collector or local street with which it intersects.
d. 
Uses Permitted. Offices for medical doctor, chiropodist, chiropractor, psychologist, psychiatrist, dentist, optician, optometrist, osteopath, lawyer, accountant, architect, engineer, ministry, governmental, insurance, real estate, brokerage, Desktop publishing services, Artist Studio, Motion Picture and Video Production, Software publishing, Internet Publishing and Broadcasting and all other offices which are similar to the listed uses in function, traffic generation and attraction capacities.
Drive-in or motor-vehicle-oriented business uses are prohibited.
Mixed use of residential (as permitted in the Zoning District) and other permitted uses (as permitted in the Overlay District) are allowed. Student homes use within a mixed use overlay building in the R-2 zoning district is not permitted unless the subject lot complies with all provisions of Section 501.1. (6). Student Home as applicable to one- and two-family dwellings used as a student home.
e. 
Lot Area and Width. The minimum lot area and width shall be the same as that for one-family dwellings under the base zoning district. Nonconforming lots containing existing residential buildings may be used for overlay uses provided all other provisions of this section are met.
f. 
Yards, Lot Coverage, Open Space and Other Requirements.
(1) 
Required yards, lot coverage, open space, building height, building size, number of buildings, design prohibitions, and historic preservation, shall comply with the regulations applicable for the base zoning district within which the parcel is located, provided that no building used for a mixed use overlay shall contain more than 2,500 square feet of gross floor area per floor. Existing buildings converted to an overlay use may be expanded provided such expansion does not exceed 2,500 square feet in gross floor area per floor.
g. 
Use of Nonconforming Buildings. Any residential building in existence at the effective date of this ordinance that does not conform to building setbacks or building size or building height may be used for overlay use provided that the nonconformity is not expanded or increased and that all other requirements are met.
h. 
Vacant Lots. A mixed use building may be erected on any conforming lot of record that is vacant at the effective date of this ordinance provided all other regulations applicable to a mixed use overlay are met.
i. 
Design Criteria.
(1) 
When an existing residence is converted to a nonresidential use or to a mixed use, no exterior alterations or additions which change the residential character of the building by use of colors, materials, design or lighting shall be permitted.
(2) 
When a side or rear yard of an overlay use abuts a residential lot or a public alley, the abutting yard shall be buffered with a view-restrictive screen at least six feet in height, consisting of plantings, decorative walls or any combination therein. All plant material shall be at least six feet in height at time of planting. Areas of a lot abutting an alley used for parking as provided for in Section 2406.b.(11) of this chapter are exempt from this requirement and shall be comply with the provisions of Section 2406.b.(11).
j. 
Design Prohibitions. The following items are prohibited in the Mixed Use Overlay:
(1) 
Untextured concrete block or other untextured veneers.
(2) 
Main roofs, dormer roofs or stair tower roofs with less than 4/12 pitch. (Porch roofs are excluded and may have less than 4/12 pitch.)
(3) 
Curved main, dormer or stair tower roofs.
(4) 
First-floor levels and basement exposures of street front buildings that are unaligned by more than 50% from the average first floor levels and basement exposures of adjacent buildings (two on each side) along the street. See illustration, which follows, for example.
(5) 
Unpainted/unstained stair towers.
(6) 
Corrugated plastic roof materials covering outside stairways.
 Corrugated Plastic Roof.tif
k. 
Number of Employees and Hours of Operation.
(1) 
For lots 20,000 square feet or less in area, the total number of employees allowed per building shall not exceed the lesser of one employee per 250 gross square feet of floor area or 20 employees.
(2) 
For lots with an area greater than 20,000 square feet, containing a single building on June 18, 2007, the time of the adoption of this ordinance, an additional five employees are permitted providing the total number of employees does not exceed one employee per 250 square feet of gross floor area.
(3) 
Employment limitations shall apply to all full-time and part-time persons (including owners and partners) working in the building at any given time or during any work shift.
(4) 
Approved nonresidential uses may be open to the public for business only between the hours of 8:00 a.m. and 9:00 p.m.
l. 
Signs.
(1) 
The provisions of Chapter XV providing for signs in residential districts are modified to the extent that signs displayed for overlay uses shall be subject to the following:
(a) 
One sign shall be permitted at each property used as an overlay use.
(b) 
Maximum size shall not exceed the following:
Lots abutting arterial or secondary arterial streets = six square feet for single-faced or 12 square feet for double-faced.
Lots abutting collector streets = four square feet for single-faced or eight square feet for double-faced.
Lots abutting local streets or alleys = two square feet for single-faced or four square feet for double faced.
(c) 
Internally-illuminated signs are not permitted.
(d) 
The content of the sign shall be restricted to the name and address of the occupant and to the type of business conducted on the site.
(e) 
All signs shall be constructed of wood, stone, brass, ceramic or iron.
(f) 
When configured as a ground pole sign, the sign shall not exceed six feet in height at its highest point, including all parts, braces and supports.
(g) 
Temporary signs in windows and doors as allowed by Section 103.p of the Sign Ordinance, Chapter XV, are prohibited.
(2) 
All business activity on the site shall be conducted only within the building on the site. Any outdoor storage of business materials or supplies is prohibited.
m. 
Parking. All off-street parking areas, including driveways and aisles, shall be designed and constructed in compliance with the provisions of Part H of this chapter. Off-street parking spaces provided on-site are permitted only as an accessory use incidental to and subordinate to the primary use. As such, on-site parking spaces shall be used only to serve the parking needs of the property's residents or the customers and employees of the overlay use.
(1) 
For all residential uses, the number of parking spaces shall equal but not exceed the minimum number required in Section 2403. All parking for residential uses shall be located on the same lot as the use served.
(2) 
For nonresidential uses one parking space is required for each 500 square feet of gross floor area for medical and related offices and one parking space is required for each 600 square feet of gross floor area for all other permitted nonresidential uses.
(3) 
All required parking for approved nonresidential uses shall be located on site up to the extent that 50% of the area of the lot remains as open space. Parking areas, in combination with the lot coverage by all buildings on the lot, shall not exceed 50% of the area of the lot. Additional required parking spaces shall be located off-site as provided for in Subsection (4) below. Together, the total number of on-site and off-site parking spaces shall equal or exceed the amount of parking required for all uses on the lot.
(4) 
Parking on public streets and alleys shall not be used to meet any or all of the parking requirement.
(5) 
Off-site parking spaces shall be located within 1200 feet of the building containing the office use. Spaces may include private or public off-street parking areas provided that such off-street parking area is a lawful primary use in the zoning district where it is located. All off-site parking shall be and shall remain under the control of the owner or operator of the use which the off-site parking is intended to serve. On approval of a land development plan which relies on off-site parking to provide all or a portion of the required parking, the owner or operator of the said use shall execute and, where appropriate, record, in the Office of the Recorder of Deeds of Centre County, an appropriate covenant, deed, lease or other binding agreement that guarantees the availability of the off-site parking for the use or uses it is intended to serve. Said covenant, deed, lease or other binding agreement shall be approved by the Planning Department and noted on the land development plan prior to the recording of said land development plan.
(6) 
Existing on-site parking may be used to meet required parking for office uses, but shall be brought into conformity with current access and design standards as specified in this section and Chapter.
(7) 
Driveway and off-street parking area lot coverage maximums established for one- and two-family uses in R-2 and R-3H zoning districts shall not apply to properties required to comply with the 50% maximum lot coverage rule cited in (3) above.
(8) 
Mixed use overlay uses shall not be eligible for the parking reduction conditional use as provided in Section 2403.(b).
n. 
Lighting. All exterior lighting for mixed-use overlay installations shall comply with Part K of this chapter.
o. 
Plan Review. See Section 305 for plan content requirements and plan review procedures.

§ 19-701 Use.

[Ord. 559, 6/20/1959, Section 601; amended by Ord. 577, 6/7/1960, Section 1; Ord. 578, 6/10/1960, Article VII; Ord. 844, 2/4/1974; Ord. 850, 5/6/1974; Ord. 1010, 8/4/1980; Ord. 1034, 12/10/1982, Section 2; Ord. 1450, 9/8/1994, Section 2; Ord. 1463, 2/23/1995, Section 1; Ord. 1529, 5/5/1997, Section 4; Ord. 1537, 8/27/1997, Section 2; Ord. 1788, 7/14/2004, Section 4]
In this district, the land and structures may be used, and structures may be erected, altered, enlarged, for the following uses only:
a. 
Any use permitted in the R-2 district.
b. 
Fraternity or Sorority House.
c. 
Multiple Dwelling, except a row dwelling exceeding six units in length in any one direction.
d. 
Special Exceptions, as prescribed in Section 706 of this chapter, including:
(1) 
Child Day-care center.
(2) 
(Reserved){80}
(3) 
Family Day Care Home.
(4) 
Private Academic School and Religious School.
(5) 
Bed-and-breakfast Establishments.
e. 
Group Dwelling Project, as prescribed in Section 501.1(1) of this chapter.
f. 
Personal Care Home for Adults.
g. 
Student Home.

§ 19-702 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 602,{90} as amended by Ord. 677, 10/6/1965, Section 1; Ord. 878, 9/9/1975; Ord. 932, 3/7/1978, Section 1; Ord. 961, 9/11/1979, Section 1(B); Ord. 1034, 12/10/1982, Section 3; Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396, 12/10/1992, Section 3; Ord. 1450, 9/8/1994, Section 9; Ord. 1537, 8/27/1997, Section 3; Ord. 1841, 4/4/2006, Section 9]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family dwelling: 6,000 square feet.
Two-family dwelling: 9,000 square feet.
Multiple-family dwelling (per unit): 2,000 square feet.
Personal care home for adults: large (per unit), 1,200 square feet; small, 6,000 square feet.
Private academic schools: one acre.
b. 
Lot width.
One-family dwelling: 50 feet.
Two-family dwelling: 75 feet.
Multiple-family dwelling: 100 feet.
Personal care home for adults: large, 100 feet; small, 50 feet.
Private academic schools: 150 feet.
c. 
Front yard depth.
One-family dwelling: 25 feet.
Two-family dwelling: 25 feet.
Multiple-family dwelling: 30 feet.
Fraternity/sorority house: 30 feet.
Personal care home for adults: large, 30 feet; small, 25 feet.
d. 
Side yard width.
One-family dwelling: six feet.
Two-family dwelling: six feet.
Accessory building: six feet.
Multiple-family dwelling: 10 feet.
Fraternity/sorority house: 10 feet.
Non-dwelling: 20 feet.
Personal care home for adults: large, 10 feet; small, six feet.
When a Multifamily Dwelling or a Personal Care Home for Adults (large) is located on a corner lot, the interior side yard shall be 30 feet.
e. 
Rear Yard Depth. The rear yard shall be 20% of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall this be less than 15 feet.
f. 
Lot coverage.
All one- and two-family dwellings and accessory buildings (including detached garages) appurtenant thereto: 30%.
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square foot area between any two 1,000 square foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; Lot coverage: ((0.12 - (6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.
g. 
Minimum Open Space (all uses): 50%.

§ 19-703 Height.

[Ord. 559, 6/20/1959, Section 603; amended by Ord. 878, 9/9/1975]{100}
The maximum heights of structures in this district, except as otherwise provided, shall be:
a. 
Dwelling (not exceeding two stories): 35 feet.
b. 
Accessory Building (not exceeding one story): 15 feet.
c. 
Non-Dwelling (except as provided in Section 503.d of this chapter): 40 feet.

§ 19-704 Parking Requirements.

As specified in Part H of this chapter.

§ 19-706 Special Exceptions.

[Ord. 559, 6/20/1959, Section 1501; amended by Ord. 578, 6/10/1960, Section 6; Ord. 753, 10/13/1969, Section 3; Ord. 850, 5/6/1974, Section 14, 16; Ord. 932, 3/7/1978, Section 1; Ord. 941, 9/11/1978, Section 123, 128; Ord. 961, 9/11/1979, Section 1(G); Ord. 1010, 8/4/1981, Section 1; Ord. 1788, 7/14/2004, Section 5; Ord. 1322, 4/4/1991]
Under powers as set forth in this section, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days and after public hearing, may authorize a permit as a special exception, subject to the conditions set forth and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and to safeguard adjacent properties, for the following:
a. 
Child Day-care center. Day-care centers for children are permitted in R-3 districts, provided that:
In addition to the parking requirements of residential uses located on the premises, there shall be one off-street parking space for each employee not living on the premises plus one off-street parking space for each 10 children based on the enrollment.
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania.
There shall be an outdoor play area of at least 100 square feet per child enclosed by a minimum four-foot high fence.
b. 
(Reserved){120}
c. 
Family Day Care Homes. Family day care homes are permitted in R-3 districts, provided:
The standards of lot size, setbacks, off-street parking and signs shall conform to the regulations set forth for that type of residential use within the district that the use is located.
There shall be no more than one employee who is not a member of the family.
The gross floor area shall comply with the standard regulations set by the State of Pennsylvania.
The outdoor play area shall comply with the standard regulations set forth by the State of Pennsylvania and shall be adequately fenced or screened to protect the children, unless the home has received State approval to use a park or other similar public area to meet outdoor play area requirements.
d. 
Private Academic Schools and Religious Schools. Private academic schools and religious schools are permitted in the R-3 district, provided:
That a minimum of one off-street parking space for each employee be provided. Where there are more than two employees, there shall be one additional off-street parking space for each five children based on the enrollment.
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania.
The outdoor play area shall comply with the standard regulations set forth by the State of Pennsylvania and shall be adequately fenced or screened to protect the children, unless the school has received State approval to use a park or other similar public area to meet outdoor play area requirements.
e. 
Elderly Housing Development. Housing projects for the elderly, as specified below, may be permitted as a special exception in the R-3, R-3B and R-4 Residence Districts, subject to the following criteria:
(1) 
Purpose And Concept. This provision is intended to help meet the growing demand for elderly housing in the Borough through the creation of planned elderly housing developments. It modifies use, lot area, width, and yard requirements otherwise applicable to the district, establishes additional design controls, requires unified planning and management of each development and provides for Zoning Hearing Board approval as a special exception following site plan review. Elderly housing developments shall be planned, designed and managed as integrated projects.
(2) 
Use. In addition to the uses permitted in Section 701 of this chapter, elderly housing developments may consist of the following: multiple-family dwellings, including row dwellings not exceeding six units in any one direction; and medical clinics, nursing and convalescent homes for use by residents of the development only. Personal care and congregate meals may be provided within the building types permitted above.
(3) 
Lot Area, Width And Yards.
(a) 
Lot Area. Each elderly housing development shall have a minimum square feet of lot area per dwelling unit as follows:
R-3: 1,200 square feet.
R-3B: 2,000 square feet.
R-4: 500 square feet.
The amount of land used for medical clinics, nursing and convalescent homes may not be used for purposes of calculating maximum residential densities.
(b) 
Minimum Lot Width. Minimum lot width shall be as required for multiple-family dwellings in the respective district.
(c) 
Minimum Yard Depth. Minimum front, side and rear yard depths shall be as required for multiple-family dwellings in the respective district, except that yard depths for medical clinics, nursing and convalescent homes shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 40 feet.
All structures in excess of 25 feet in height shall be set back a minimum distance of 80 feet from all property lines which abut R-1 and R-2 zoning districts.
(4) 
Height. The maximum height of structures permitted for elderly housing developments shall be as specified for multiple-family dwellings in the zoning district in which the elderly housing development is proposed to be located.
(5) 
Parking Requirements. Parking requirements shall be as specified in Section H of this chapter.
(6) 
Additional Requirements:
(a) 
Management. All dwelling units, medical clinics, nursing and convalescent homes within the elderly housing development shall be under common ownership by an individual, firm, partnership or corporate entity. All owners of elderly housing developments under the provisions of this ordinance shall designate a person in charge. Residents of the Centre Region may designate a person in charge or they may act as their own person in charge. The person in charge shall reside or have a place of business in the Centre Region and shall be available on a twenty-four-hour basis. The State College Planning Department shall be notified, in writing, whenever there is a change in the person in charge. The person in charge shall have charge, care, control or management of the elderly housing development.
(b) 
Age Restrictions. Residence in the elderly housing development shall be limited to those persons aged 62 and over and their spouses and non-elderly handicapped and disabled persons.
(c) 
Buffer Yards. Buffer screening, consisting of plantings, earth mounds and/or decorative fences and walls shall be planted, installed and maintained near the boundary lines of the elderly housing development to form a sight restrictive screen of all structures from adjacent R-1 or R-2 zoning.
(d) 
Vehicular Access. Irrespective of provisions specified in Section 2406 of this chapter, vehicular access shall be designed to avoid directing traffic through adjacent residential areas.
(e) 
Nuisances. Additional requirements may be imposed by the Zoning Hearing Board to minimize nuisances caused by excessive noise, glare, smoke or vibration, or to promote pedestrian or traffic safety.
(7) 
Administrative Review. All applications for a zoning permit under provisions of this option must receive approval by the Zoning Hearing Board as a special exception following procedures specified in Section 606 of this chapter, except that site plan requirements shall be those specified in Section 305 of this chapter. Construction of dwelling units in an elderly housing development may be phased over time in accordance with an overall plan and timetable approved by the Zoning Hearing Board, provided that at least half of all dwelling units shall be constructed prior to or concurrent with other uses permitted within elderly housing developments. All proposed changes to an approved site plan shall comply with the review procedures established herein as though such changes were a new site plan.
f. 
Bed-and-breakfast Establishments. Bed and Break-fast Establishments are permitted as a special exception in the R-3 zoning district, subject to the following criteria:
(1) 
The number of guest rooms shall not exceed six on any individual lot;
(2) 
Accessory buildings and detached garages used as one or more of the allowed guest rooms shall not contain cooking facilities;
(3) 
The length of stay per guest shall be limited to 14 days per sixty-day period;
(4) 
Off-street parking shall conform to the following:
(i) 
Parking area and driveway location, design and construction shall comply with the standards specified in Part H of this chapter;
(ii) 
Subject to the lot coverage limitation contained herein and in Section 2401.b(6), the number of spaces provided shall equal or exceed the minimums for one- and two-family dwellings, specified in Section 2403 of this chapter;
(iii) 
Lot coverage for off-street parking areas and driveways may not exceed that permitted at one- and two-family dwellings located in the R-3 zoning district; and
(iv) 
Driveways may be used as off-street parking areas, except for that portion of a driveway located between the back edge of the sidewalk and the curb.
(5) 
If the building proposed for use as a Bed-and-breakfast Establishment is located in a National Register Historic District, all external maintenance, repair, alterations or additions shall follow the Secretary of the Interior's guidelines on altering or rehabilitating historic buildings and structures.
(6) 
One sign, permitted on each lot used for a Bed-and-breakfast Establishment, shall:
(i) 
Not exceed three square feet per sign face;
(ii) 
Have no internal illumination;
(iii) 
Be constructed of wood, stone, brass, ceramic or wrought iron; and
(iv) 
If configured as a ground pole sign, not exceed six feet in height at its highest point, including all parts, braces and supports.
(7) 
Meals for compensation may be provided only to guests of the Bed-and-breakfast establishment. If meals other than breakfast or complimentary snacks are served, the owner must obtain any necessary permits from the State College Health Department.
(8) 
Lot area, lot width, setbacks, lot coverage and height shall comply with the standards for a one-family dwelling, except that any structure in existence at the effective date of this ordinance which does not conform to minimum setback and height requirements may be used for a Bed-and-breakfast Establishment provided all other requirements are met.
(9) 
The owner or manager shall maintain his or her primary residence on the premises.

§ 19-707 Notice Prior to Demolition, Removal or Razing.

[Ord. 1516, 12/23/1996, Section 2; amended by Ord. 1574, 8/20/1998, Section 2]
All owners of structures included in the Historic Resources of the Centre Region. prepared in 1982 by the Centre Regional Planning Commission, listed on the National Register of Historic Buildings or included as a contributing structure in an existing or formally proposed National Historic Register District must give public notice prior to the demolition, removal or razing of such building or any portion thereof. This notice shall be given no less than 90 days prior to issuance of the zoning permit for demolition. The notice of demolition shall be made to the adjacent property owners by U.S. certified mail, posted on the property on which the structure is located (using a sign provided by the Borough) and on the public bulletin board at the State College Municipal Building, and placed in a paper of general circulation within the Borough. The applicant, before starting notice procedure, must schedule a meeting with the Zoning Officer to review the applicant's plans for the notice and provide a copy of the notice to the Zoning Officer. Following is a sample notice to be used:
NOTICE OF DEMOLITION OF A HISTORIC STRUCTURE
Public Notice is hereby given that this property has a building that is listed or eligible for listing on the National Register of Historic Places, is a contributing structure in a National Register Historic District, or is listed in the Historic Resources of the Centre Region prepared in 1982 by the Centre Regional Planning Commission and is proposed to be demolished in whole or in part. The property in which the Historic Structure is located is at ____________________, Tax Parcel Number ___________. The type of structure, or part thereof, to be demolished is _________________________. The purpose of this notice is to give the residents an opportunity to contact the owner and to point out other options to possibly prevent the demolition of a historic resource of the Borough of State College. It is the owner's intent to start demolition of this structure on _________________________. For more information on this demolition, you can contact the Borough Zoning Officer at 118 South Fraser Street, State College, PA 16801 or by telephone (814) 234-7193, TDD (814) 234-7110. The owner's name and address are: _________________________.

§ 19-801 Use.

[Ord. 559, 6/20/1959, Section 601-A; amended by Ord. 677, 10/6/1965; Ord. 850, 5/6/1974]
In this district, the land and structures may be used and structures may be erected, altered, enlarged for the following uses only:
a. 
Any use permitted in the R-3 district.

§ 19-802 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 603-A; amended by Ord. 677, 10/6/1965; Ord. 878, 9/9/1975, Section 1; Ord. 961, 1/11/1979, Section 1(C); Ord. 1034, 12/10/1982, Section 4{130} and by Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396, 12/10/1992, Section 4]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family dwelling: 8,000 square feet.
Two-family dwelling: 10,000 square feet.
Multiple-family dwelling (per unit): 1,400 square feet.
Personal care boarding home for adults (per unit): 1,200 square feet.
Private academic school: one acre.
b. 
Lot width.
One-family dwelling: 60 feet.
Two-family dwelling: 80 feet.
Multiple-family dwelling: 100 feet.
Personal care boarding home for adults: 100 feet.
Private academic school: 150 feet.
c. 
Front yard depth.
All buildings: 30 feet.
d. 
Side yard width.
Single-family dwelling: eight feet.
Two-family dwelling: eight feet.
Accessory buildings: eight feet.
Multiple-family dwellings: 10 feet.
Non-dwellings: 20 feet.
Personal care boarding home for adults: 10 feet.
When a multifamily dwelling or a Personal Care Boarding Home for Adults is located on a corner lot, the interior side yard shall be 30 feet.
e. 
Rear Yard Depth. The rear yard shall be 20% of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall this be less than 15 feet.
f. 
Lot Coverage.
All one- and two-family dwellings and accessory buildings (including detached garages) appurtenant thereto: 30%.
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square foot area between any two 1,000 square foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; Lot coverage: ((0.12 - (6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.

§ 19-803 Height.

[Ord. 559, 6/20/1959, Section 603.A; amended by Ord. 677, 10/6/1965; Ord. 878, 9/9/1975, Section 1]{140}
The maximum height of structures in this district, except as otherwise provided, shall be:
a. 
Dwelling (not exceeding three stories): 35 feet.
b. 
Accessory Building (not exceeding one story): 15 feet.
c. 
Non-Dwelling (except as provided in Section 2301 of this chapter): 40 feet.

§ 19-804 Parking Requirements.

As specified in Part H of this chapter.

§ 19-901 Use.

[Ord. 559, 6/20/1959, Section 601; amended by Ord. 577, 6/7/1960, Section 1; Ord. 578, 6/10/1960, Article VII; Ord. 753, 10/13/1969; Ord. 761, 4/6/1970, Section 2; Ord. 801, 6/6/1972; Ord. 834, 12/4/1973; Ord. 844, 2/4/1974; Ord. 850, 5/6/1974; Ord. 1021, 3/2/1982, Section 2; Ord. 1034, 12/10/1982, Section 5; Ord. 1529, 5/5/1997, Section 5; Ord. 1537, 8/27/1997, Section 4; Ord. 1788, 7/14/2004, Section 6]
In this district, the land and structures may be used, and structures may be erected, altered, enlarged, for the following uses only:
a. 
Any use permitted in the R-2 district.
b. 
Fraternity or Sorority House.
c. 
Multiple Dwelling, except in a row dwelling exceeding six units in length in any one direction.
d. 
Special exceptions permitted by the Zoning Hearing Board, as prescribed in Section 606 of this chapter, including:
(1) 
Child Day-care center.
(2) 
Nursing or Convalescent Home.
(3) 
(Reserved){160}
(4) 
Family Day Care Home.
(5) 
Private Academic School and Religious School
e. 
Group Dwelling Project, as prescribed in Section 501.1(1) of this chapter.
f. 
Community Center.
g. 
Personal Care Home for Adults (Large and Small)
h. 
Student Home.

§ 19-902 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 603-B; amended by Ord. 753, 10/12/1969, Section 1; Ord. 761, 4/6/1970, Section 1; Ord. 932, 3/7/1978, Section 1; Ord. 961, 9/11/1979, Section 1(D); Ord. 1021, 3/2/1982, Section 3; Ord. 1034, 12/10/1982, Section 6{170}; Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396, 12/10/1992, Section 5; Ord. 1537, 8/27/1997, Section 5; Ord. 1818, 10/20/2005, Section 1 and 2; Ord. 1841, 4/4/2006, Section 10]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family dwelling: 8,000 square feet.
Two-family dwelling: 10,000 square feet.
Multiple-family dwelling (per unit): 3,500 square feet.
Personal care homes for adults: large (per unit), 2,000 square feet; small, 8,000 square feet.
Community center: one acre.
Private academic schools: one acre.
b. 
Lot width.
One-family dwelling: 60 feet.
Two-family dwelling: 80 feet.
Multiple-family dwelling: 120 feet.
Community center: 150 feet.
Personal care home for adults: large, 120 feet; small, 60 feet.
Private academic school: 150 feet.
c. 
Front yard depth.
One-family dwelling: 30 feet.
Two-family dwelling: 30 feet.
Multiple-family dwelling: 40 feet.
Fraternity/sorority house: 40 feet.
Other: 40 feet.
Personal care home for adults: large, 40 feet; small, 30 feet.
d. 
Side yard width.
One-family dwelling: eight feet.
Two-family dwelling: eight feet.
Accessory building: eight feet.
Multiple-family dwelling: 20 feet.
Fraternity/sorority house: 20 feet.
Other: 20 feet.
Personal care home for adults: large, 20 feet; small, eight feet.
When a multifamily dwelling or a Personal Care Boarding Home for Adults is located on a corner lot, the interior side yard shall be 30 feet.
e. 
Rear Yard Depth.
All buildings and structures except those exempted under Section 502.f and those enumerated in Subsection f. below: 30 feet.
f. 
Additional Setback for Larger Buildings.
In addition to the required side and rear yard depths establish herein, buildings higher than 30 feet or longer than 50 feet or both shall be set back additional distance calculated as follows:
(1) 
For buildings higher than 30 feet, both the side and rear yard shall be increased three inches for each foot of building height above 30 feet.
(2) 
For buildings where any wall facing a side or rear yard is over 50 feet in length, the respective side or rear yard, as the case may be, shall be increased an additional 1.5 inches for each foot of building wall length over 50 feet.
(3) 
For buildings that are both higher than 30 feet and have a wall over 50 feet in length facing any side or rear yard, both the side and rear yard shall be increased three inches for each foot of building height above 30 feet plus the respective side or rear yard where a facing wall is over 50 feet in length shall be increased an additional 1.5 inches for each foot of building wall length over 50 feet.
g. 
Lot Coverage.
All one- and two-family dwellings and accessory buildings (including detached garages) appurtenant thereto: 30%.
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square foot area between any two 1,000 square foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; Lot coverage: ((0.12 - (6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.
h. 
Minimum Open Space (all nonresidential uses): 50%.

§ 19-903 Height.

[Ord. 559, 6/20/1959, Section 603-B; amended by Ord. 753, 10/13/1969, Section 1]{180}
The maximum height of structures in this district, except as otherwise provided, shall be:
a. 
Dwelling: 35 feet (not exceeding three stories).
b. 
Accessory Building: 15 feet (not exceeding one story).
c. 
Non-Dwelling: 35 feet (except as otherwise provided in Section 503.d of this chapter).

§ 19-904 Open Space.

[Ord. 559, 6/20/1959, Section 604-B; amended by Ord. 753, 10/13/1969, Section 1; Ord. 762, 5/5/1970, Section 1; Ord. 941, 9/11/1978, Section 128; Ord. 1177, 5/27/1987, Section 4; Ord. 1396, 12/10/1992, Section 6; Ord. 1854, 10/16/2006, Section 2]
For any multifamily residential use, a minimum of 65% of the total lot shall be devoted to open space; 25% of the required open space shall be devoted to usable recreational area in rear yards or side yards not abutting a public street.

§ 19-905 Parking Requirements.

As specified in Part H of this chapter.

§ 19-907 Special Exceptions.

[Ord. 761, 4/6/1970, Section 2; amended by Ord. 941, 9/11/1978, Section 128; Ord. 1788, 7/14/2004, Section 7]
Under powers as set forth in this chapter, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days and after public hearing, may authorize a permit as a special exception, subject to the conditions set forth and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and to safeguard adjacent properties for the following:
a. 
Child Day-care center. Child day-care centers are permitted in the R-3B districts, subject to terms and conditions as set forth in Section 706.a of this chapter.
b. 
Convalescent or Nursing Home. Nursing homes or convalescent homes are permitted in R-3B districts, provided:
A minimum of 40% of the total lot is devoted to open space, exclusive of vehicular parking lots, driveways or loading stalls, and any building coverage not functional to the open space.
Building coverage shall not exceed 30% of the total land area of the lot.
All other regulations established for the R-3B district relating to screening, height, side and rear yards are met.
c. 
(Reserved){200}
d. 
Family Day Care Home. Family day care homes are permitted in R-3B districts, subject to terms and conditions as set forth in Section 706.c of this chapter.
e. 
Private Academic School and Religious School. Private academic schools and religious schools are permitted in R-3B district, subject to terms and conditions as set forth in Section 706.d of this chapter.

§ 19-951 Purpose.

[Ord. 1526, 3/25/1997, Section 3]
It is the purpose of the R-3H zoning district to:
a. 
Provide a density transition between higher-density and lower-density zoning districts;
b. 
Facilitate the preservation and reuse of buildings that are contributing structures to a National Register Historic District;
c. 
Provide opportunities for nonresidential uses that are compatible with the surrounding residential environment; and
d. 
Encourage investment opportunities consistent with maintaining or enhancing the character of the neighborhood.

§ 19-952 Use.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1537, 8/27/1997, Section 6; Ord. 1591, 4/8/1999, Section 3; Ord. 1626, 6/19/2000, Section 1; Ord. 1872, 6/18/2007, Section 6 and 11]
In this district, the land and structures may be used, and structures may be erected, altered, enlarged and maintained for the following uses only:
a. 
Any use permitted in the R-2 district.
b. 
Bed-and-breakfast establishments.
c. 
Child or Adult Day-care center.
d. 
Adult Day Care Home.
e. 
Community Centers.
f. 
Mixed Uses as provided in Section 609, the Mixed Use (Overlay) District, and Section 963, Mixed Use Overlay.
g. 
Personal Care Home for Adults (Small).
h. 
Special Exception.
(1) 
Office and Mixed Uses, as provided in Section 965.

§ 19-953 Lot Area, Width, Yards, Coverage and Open Space.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1536, 7/21/1997, Section 1; Ord. 1626, 6/19/2000, Sections 2 and 3; Ord. 1854, 10/16/2006, Section 3]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
One-family: 6,000 square feet.
Two-family: 9,000 square feet.
All other uses: 6,000 square feet.
b. 
Lot width.
One-family dwelling: 50 feet.
Two-family dwelling: 75 feet.
All other uses: 50 feet.
c. 
Front Yard Depth - New Construction. A uniform building setback helps to achieve balance and order within a neighborhood. Front yard setbacks for new construction shall be within 10% of the average front setback established by adjacent buildings along the street. The average shall be calculated from the front setbacks of the first two buildings along the street located on each side of the new construction.
d. 
Side Yard Width - New Construction.
One-family dwelling: six feet.
Two-family dwelling: six feet.
Bed-and-breakfast establishment: six feet.
Offices: six feet.
All other uses: 10 feet.
e. 
Rear Yard Depth. Twenty percent of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall this be less than 15 feet.
f. 
Lot Coverage.
(1) 
Buildings and Structures. Thirty percent of a lot may be covered by buildings (includes main and accessory) and other structures.
(2) 
Parking. Maximum lot coverage for driveways and surface off-street parking areas for all . . .
One-family dwellings: 15%.
Two-family dwellings: 20%.
Other uses: 30%.
g. 
Open Space. A minimum of 35% of a lot shall be maintained as open space.

§ 19-954 Height.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1794, 9/20/2004]
Building height contributes to the overall pattern and rhythm of a streetscape. The vertical character of the streetscape is important to maintain. Accordingly, the height of new buildings or building additions along the street shall be no more or less than 30% of the average of the heights of adjacent buildings along the street but, in no case, shall the upper limit of the height range exceed 35 feet. The average of adjacent buildings shall be calculated using the heights of the first two buildings along the street located on each side of the new construction. When any adjacent building exceeds 35 feet in height, 35 feet shall be used to make the average calculation rather than that building's actual height. Buildings located behind the front building facing the street are not required to be built to a height within the range but shall not be higher than the front building when measured and viewed from the street. No buildings or other structures (except for those provided under Section 503.d.2) shall exceed 35 feet.

§ 19-955 Building Size.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1633, 8/30/2000, Section 1]
No single building or group of attached buildings shall be larger than 3,000 square feet in gross floor area. Basement areas shall not be included when calculating gross floor area. Exception: Buildings used exclusively as one-family dwellings containing less than 4,000 square feet of gross floor area (excluding the basement area) at the effective date of this ordinance may be enlarged to a maximum size of 4,000 square feet, provided the existing structure is retained and that the use is not changed.

§ 19-956 Multiple Buildings Per Lot and Building Separation.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1536, 7/21/1997, Section 2; Ord. 1626, 6/19/2000, Section 4; Ord. 1633, 8/30/2000, Section 2]
A maximum of one main building is allowed on a single lot.

§ 19-957 Use of Nonconforming Buildings.

[Ord. 1526, 3/25/1997, Section 3]
Any structure in existence at the effective date of this ordinance which does not conform to minimum setback and height requirements may be used for any use permitted in this district provided all other requirements are met.

§ 19-958 Design Prohibitions.

[Ord. 1526, 3/25/1997, Section 3]
The following items are prohibited in the R-3H District:
a. 
Untextured concrete block or other untextured veneers.
b. 
Main roofs, dormer roofs or stair tower roofs with less than 4/12 pitch. (Porch roofs are excluded and may have less than 4/12 pitch.)
c. 
Curved main, dormer or stair tower roofs.
d. 
First-floor levels and basement exposures of street front buildings that are unaligned by more than 50% from the average first floor levels and basement exposures of adjacent buildings (two on each side) along the street. See illustration, which follows, for example.
 Calculation Method.tif
e. 
Unpainted/unstained stair towers.
f. 
Corrugated plastic roof materials covering outside stairways.

§ 19-959 Bed-and-breakfast Establishments.

[Ord. 1526, 3/25/1997, Section 3; Ord. 1626, 6/19/2000, Section 6]
Bed-and-breakfast establishments are permitted in R-3H provided:
a. 
The total number of guest rooms shall not exceed six on any individual lot.
b. 
Accessory buildings and detached garages used as one or more of the allowed guest rooms shall not contain cooking facilities.
c. 
The length of stay per guest shall be limited to 14 days per sixty-day period.
d. 
Off-street parking areas and driveways shall comply with the standards specified in Part H of this chapter, subject to lot coverage limits applicable in the R-3H district. Driveways may be used as off-street parking areas except for that portion of a driveway located between the property line and the curb.
e. 
One sign, permitted on each lot used for a bed-and-breakfast establishment, shall:
(1) 
Not exceed three square feet per sign face;
(2) 
Have no internal illumination;
(3) 
Be constructed of wood, stone, brass, ceramic or wrought iron; and
(4) 
If configured as a ground pole sign, not exceed six feet in height at its highest point, including all parts, braces and supports.
f. 
Meals for compensation may be provided only to guests of the bed-and-breakfast establishment. If meals other than breakfast or complimentary snacks are served, the owner must obtain any necessary permits from the State College Health Department.
g. 
Lot area, lot width, setbacks, lot coverage, open space, height and building size shall comply with the standards applicable in the R-3H district.
h. 
The owner or manager shall maintain his or her primary residence on the premises.

§ 19-960 Child or Adult Day-care center.

[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626, 6/19/2000, Section 7]
Day-care centers for children or adults are permitted in the R-3H zoning district provided:
a. 
In addition to the parking requirements for any residential uses on site, there shall be one off-street parking space for each employee not living on the premises plus one off-street parking space for each 10 children or adults;
b. 
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania;
c. 
For child day-care centers, there shall be an outdoor play area of at least 100 square feet per child enclosed by a fence with a minimum height of four-feet; and
d. 
Lot area, lot width, setbacks, lot coverage, open space, height and building size shall comply with the standards applicable in the R-3H zoning.

§ 19-961 Adult Day Care Homes.

[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626, 6/19/2000, Section 8]
Adult day care homes are permitted in the R-3H zoning district provided:
a. 
In addition to the parking requirements for any residential uses on site, there shall be one off-street parking space for each employee not living on the premises;
b. 
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania; and
c. 
Lot area, lot width, setbacks, lot coverage, open space, height and building size shall comply with the standards applicable in the R-3H zoning.

§ 19-962 Parking Requirements.

[Ord. 1526, 3/25/1997, Section 3, renumbered by Ord. 1626, 6/19/2000, Section 8]
Parking requirements shall be as specified in Part H of this chapter, except that lot coverage for surface off-street parking areas and driveways shall not exceed the lot coverage requirements established for the R-3H zoning district.

§ 19-963 Mixed Use (Overlay) District.

[Ord. 1526, 3/25/1997, Section 3; amended by Ord. 1573, 7/20/1998, renumbered by Ord. 1626, 6/19/2000, Section 10; Ord. 1827, 6/18/2007, Section 7]
a. 
Office Uses and mixed uses are allowed in the R-3H zoning district pursuant to the criteria established in Section 609 of this chapter and additional specific criteria set forth as follows:
(1) 
Permitted Location:
(a) 
South Atherton Street, west side, from the northern right-of-way line of Highland Alley to the southern property line of 306 South Atherton Street.
(b) 
All R-3H properties abutting South Burrowes Street in the 300 and 400 blocks.
(2) 
Vehicular Access. The R-3H zoning district has an extensive system of paved public alleys that provide vehicular access to many lots within the district. Maintaining vehicular access from these alleys, rather than from streets, is desirable. Hence, the descending order of the access classifications, as provided in Section 609.c., is reversed for the R-3H district. Site access shall first be from an alley provided that the criteria for alley access (Section 606.d(2)(c) of this chapter are met. When alley access criteria cannot be met, access shall be provided from the next access classification, in descending order, where the access criteria can be met. Access classifications in descending order for the R-3H zoning district are as follows: alley, local street, collector street, secondary arterial street and arterial street. Access criteria for streets are the same as those provided for in Section 609.c.

§ 19-964 Notice Prior to Demolition, Removal or Razing.

[Ord. 1574, 8/20/1998, Section 4, renumbered by Ord. 1626, 6/19/2000, Section 11]
See Section 707 of this chapter.

§ 19-965 Mixed Use District.

Under the powers set forth in Sections 310 to 304 of this chapter, the Zoning Hearing Board, after referral to the Planning Commission for review and submitting of a report within 15 days after public hearing, may authorize a permit as a special exception, subject to the conditions set forth, and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and safeguard adjacent properties, for the following:
Mixed-Use District. This district is established along designated urban corridors within the municipality as an overlay district supplementing the existing base zoning. It recognizes that heavily urbanized areas are often characterized by excessive noise and congestion caused by increased pedestrian movements, truck traffic and other varieties of vehicular traffic. Excessive noise and congestion are not compatible with low-density residential uses. Within the Mixed-Use Overlay District, there are many one- and two-family houses remaining that were built at a time when the designated corridors were less urban. It is desirable to maintain and reuse these structures even though they may no longer be in a suitable location for low-density residential uses.
Accordingly, the purpose of the overlay district is to provide uses, in addition to the base zoning, that can function well next to busy urbanized corridors and, yet, provide for adaptive reuse of these structures without changing their character, physical appearance or compatibility with adjoining residential uses. Additionally, the overlay district will provide a buffer between established residential neighborhoods and the busy corridors overlaid thereby insulating these neighborhoods from the detrimental effects of high traffic volumes, congestion and noise.
Uses within the Mixed-Use District are permitted by special exception. Properties within the Mixed-Use Overlay District that do not meet the criteria established in this section may not be used for the uses listed in Subsection (3) below.
a. 
Office Uses and mixed uses are allowed by special exception in the R-3H zoning district pursuant to the criteria established in Section 965 of this chapter set forth as follows:
(1) 
Permitted Location:
(a) 
West Beaver Avenue, both sides, from the western property line of 711-713 and 720 West Beaver to the western right-of-way line of H Alley.
(b) 
South Barnard Street, from its intersection with Calder Alley south to 127 and 132 South Barnard Street.
(c) 
South Gill Street, from its intersection with Calder Alley south to 131-133 and 134 South Gill Street.
(d) 
South Sparks Street, from its intersection with Calder Alley south to 131-133 and 132 South Sparks Street.
(2) 
Vehicular Access. The R-3H zoning district has an extensive system of paved public alleys that provide vehicular access to many lots within the district. Maintaining vehicular access from these alleys, rather than from streets, is desirable. Site access shall first be from an alley provided that the criteria for alley access of this section are met. When alley access criteria cannot be met, access shall be provided from the next access classification, in descending order, where the access criteria can be met. Access classifications in descending order for the R-3H zoning district are as follows: alley, local street, collector street, secondary arterial street and arterial street.
(a) 
Criteria for Alley Access. Direct access to an alley from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(i) 
Access is not available from an arterial, secondary arterial, collector or local street which meets the applicable standards for access from an arterial street, as specified in Subsection a.i through vii, or Subsection b(i) through (iv), above, respectively;
(ii) 
The alley has been ordained and opened by the municipality;
(iii) 
The alley is located at the rear of the site and parallel to the arterial street on which the site has frontage; and,
(iv) 
Adequate sight distance exists at the intersection of the alley and the secondary arterial, collector or local street with which it intersects.
(b) 
Criteria for Secondary Arterial, Collector or Local Street Access. Direct access to a secondary arterial, collector or local street from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(i) 
Access to an arterial street meeting the above-specified criteria is not available;
(ii) 
Line of sight at any existing or proposed curb cut or other access point equals or exceeds PennDOT standards for safe sight distance for passenger cars entering two-lane highways at the posted speed for the road being entered;
(iii) 
On-site parking is configured such that vehicles may enter and exit the site without backing off of or on to the street; and,
(iv) 
Access shall conform to driveway location standards and off-street parking standards, as specified in this chapter.
(c) 
Criteria for Arterial Access. Direct access to an arterial street from a proposed Mixed-Use Overlay District use is permitted only if the following conditions are met:
(i) 
The arterial street on which the site of the proposed Mixed-Use Overlay District use has frontage is either (1) a one-way street or (2) a two-way street with center turn lane and on-site traffic controls restrict exiting movements to right turn only;
(ii) 
Line of sight at any existing or proposed curb cut or other access point equals or exceeds PennDOT standards for safe sight distance for passenger cars exiting from driveways onto two-lane roads at the posted speed for the road being entered;
(iii) 
The projected trip generation, assuming all existing building square footage is used for the proposed Mixed-Use Overlay District use, does not exceed 100 average daily traffic (i.e. total ingress and egress does not exceed 100 trips per day);
(iv) 
If the arterial street is a State route, a highway occupancy permit must be obtained from PennDOT;
(v) 
The peak hour volume/capacity ratio for the arterial is 0.75 or less and is calculated using the methodology in the Highway Capacity Manual;
(vi) 
On-site parking is configured such that vehicles may enter and exit the site without backing off of or on to the arterial street; and
(vii) 
Access shall conform to driveway location standards and off-street parking standards, as specified in this chapter.
(3) 
Uses Permitted. Offices for medical doctor, chiropodist, chiropractor, psychologist, psychiatrist, dentist, optician, optometrist, osteopath, lawyer, accountant, architect, engineer, ministry, governmental, insurance, real estate, brokerage and all other offices which are similar to the listed uses in function, traffic generation and attraction capacities.
Drive-in or motor-vehicle-oriented business uses are prohibited.
Mixed use of residential (as permitted in the Zoning District) and office (as permitted in the Overlay District) are allowed.
(4) 
Lot Area and Width. The minimum lot area and width shall be the same as that for one-family dwellings under the base zoning district where the special exception is requested. Nonconforming lots containing existing residential buildings may be used for overlay uses provided all other provisions of this section are met.
(5) 
Use of Nonconforming Buildings. Any residential building in existence at the effective date of this ordinance that does not conform with building setbacks or building size or building height may be used for overlay use provided that the nonconformity is not expanded or increased and that all other requirements are met.
(6) 
Design Criteria.
(a) 
When an existing residence is converted to a nonresidential use or to a mixed use, no exterior alterations or additions which change the residential character of the building by use of colors, materials, design or lighting shall be permitted.
(b) 
When a side or rear yard of an overlay use abuts a residential lot, the abutting yard shall be buffered with a view-restrictive screen at least six feet in height, consisting of plantings, decorative walls or any combination therein.
(c) 
The total number of office employees allowed per lot or parcel is limited to eight employees for the first 10,000 square feet (or portion thereof) of lot area, plus one employee for each additional 5,000 square feet of lot area beyond the initial 10,000 square feet.
e.g. 8,000 square feet = 8 employees;
12,000 square feet = 8 employees;
15,500 square feet = 9 employees.
Employment limitations shall apply to all full-time and part-time persons (including owners and partners) employed on the lot or parcel at any given time or during any work shift.
(d) 
Required yards, lot coverage, open space, building height, building size, number of buildings, design prohibitions, historic preservation, and use of incentives shall comply with the regulations applicable for the base zoning district within which the parcel is located. Existing buildings converted to an overlay use may be expanded provided such expansion does not exceed the base zoning district's limitations.
(e) 
Office uses may be open to the public for business only between the hours of 8:00 a.m. and 9:00 p.m.
(f) 
The provisions of Chapter XV providing for signs in residential districts are modified to the extent that signs displayed for overlay uses shall be subject to the following:
(i) 
One sign shall be permitted at each property used as an overlay use.
(ii) 
Maximum size shall not exceed the following:
Lots abutting arterial or secondary arterial streets = six square feet for single-faced or 12 square feet for double-faced.
Lots abutting collector streets = four square feet for single-faced or eight square feet for double-faced.
Lots abutting local streets or alleys = two square feet for single-faced or four square feet for double faced.
(iii) 
Internally-illuminated signs are not permitted.
(iv) 
The content of the sign shall be restricted to the name and address of the occupant and to the type of business conducted on the site.
(v) 
All signs shall be constructed of wood, stone, brass, ceramic or iron.
(vi) 
When configured as a ground pole sign, the sign shall not exceed six feet in height at its highest point, including all parts, braces and supports.
(vii) 
Temporary signs in windows and doors as allowed by Section 103.p of the Sign Ordinance, Chapter XV, are prohibited.
(g) 
All business activity on the site shall be conducted only within the building on the site. Any outdoor storage of business materials or supplies is prohibited.
(7) 
Parking. Except as provided for below, all off-street parking areas, including driveways and aisles, shall be designed and constructed in compliance with the provisions of Part H of this chapter and the number of spaces required for all uses located on the lot shall comply with the provisions of Section 2403 of Part H of this chapter. Off-street parking spaces provided on-site are permitted only as an accessory use incidental to and subordinate to the primary use. As such, on-site parking spaces shall be used only to serve the parking needs of the property's residents or the customers and employees of the overlay use.
(a) 
For all uses, the maximum number of on-site parking spaces for all uses shall not exceed the minimum number of parking spaces required in Section 2403;
(b) 
Required parking for office uses permitted as a special exception may be provided on-site, off-site, or through a combination thereof. Required parking for residential uses shall be located on-site.
(c) 
Off-site parking spaces shall be located within 400 feet of the building containing the office use. Spaces may include publicly available street parking where it has been legally established, private or public off-street parking areas provided that such off-street parking area is a lawful use in the zoning district where it is located. The applicant for the special exception must show by objective evidence that the parking spaces are open and available for the office use.
(d) 
Existing on-site parking may be used to meet required parking for office uses, but shall be brought into conformity with current access and design standards as specified in this section and Chapter.
(e) 
Driveway and off-street parking area lot coverage maximums as established in this chapter for one- and two-family uses in residential zoning districts shall not apply to properties to the extent needed to meet the minimum parking required for which the Mixed-Use Overlay special exception is granted.
(8) 
Lighting. All exterior lighting for mixed-use overlay installations shall comply with Part K of this chapter.
(9) 
Plan Review. All applications for an overlay use shall be submitted to the Planning Commission for its review and recommendation to the Zoning Hearing Board. Any report by the Planning Commission to the Zoning Hearing Board may also include suggestions by the Commission for modification to the development plan. Plans shall be submitted in the form required by Section 305 of this chapter.
(10) 
In reaching a determination on a specific proposal for an overlay use, the Zoning Hearing Board may exercise every precaution to ensure that the use shall not create a nuisance by reason of smoke, odor, glare, light trespass, noise, vibration, radio or television interference off the site.

§ 19-1001 Use.

[Ord. 559, 6/20/1959, Section 701; amended by Ord. 822, 4/5/1973, Section 1; Ord. 834, 12/4/1973; Ord. 838, 12/21/1973; Ord. 844, 2/4/1974; Ord. 850, 5/6/1974; Ord. 941, 9/11/1978, Section 128; Ord. 1410, 4/22/1993, Section 3; Ord. 1529, 5/5/1997, Section 6]
In this district, the land and structures may be used, and structures may be erected, altered, enlarged, for the following uses only:
a. 
Any use permitted in the R-3 district.
b. 
Boarding or Rooming House.
c. 
Tourist Home.
d. 
Special exceptions permitted by the Zoning Hearing Board, as prescribed in Section 606 of this chapter, including:
(1) 
Club or Community Center (except those operated for commercial gain).
(2) 
Funeral Home.
(3) 
Housing for Elderly Persons.
(4) 
Professional Office.
(5) 
School for Dance and/or Music Instruction.
e. 
Student Home.

§ 19-1002 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 702; amended by Ord. 677, 10/6/1965, Section 1; Ord. 753, 10/13/1965, Section 2; Ord. 961, 9/11/1979, Section 1(E); Ord. 1034, 12/10/1982, Section 7{210}; Ord. 1177, 5/27/1987, Sections 2 and 3; Ord. 1396, 12/10/1992, Section 7; Ord. 1537, 8/27/1997, Section 7]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
Single-family dwelling: 5,000 square feet.
Two-family dwelling: 8,000 square feet.
Multiple-family dwelling (per unit): 500 square feet.
Personal care home for adults: large (per unit), 500 square feet; small, 5,000 square feet.
Private academic school: one acre.
b. 
Lot width.
Single-family dwelling: 50 feet.
Two-family dwelling: 75 feet.
Multiple-family dwelling: 120 feet.
Other structures: Sufficient to provide required side yards.
Personal care home for adults: large, 120 feet.
Private academic school: 150 feet.
c. 
Front yard depth.
All structures: 20 feet.
d. 
Side yard width.
Single-family dwelling: six feet.
Two-family dwelling: six feet.
Multiple-family dwelling: 10 feet.
Personal care home for adults: large, 10 feet; small, six feet.
When a Multifamily Dwelling or a Personal Care Boarding Home for Adults is located on a corner lot, the interior side yard shall be 30 feet.
e. 
Rear yard depth.
Single-family dwelling: 20 feet.
Two-family dwelling: 20 feet.
Multiple-family dwelling: 20 feet.
Personal care home for adults: large and small, 20 feet.
The required side yard width and rear yard depth shall be increased three inches for each foot of building height above 30 feet, and 1.5 inches for each foot of building length or width over 50 feet.
When two or more buildings are to be located on the same lot, the distances between such buildings shall be the sum of the required side and rear yard depths for such buildings.
f. 
Lot coverage.
All one- and two-family dwellings and accessory buildings (including detached garages) appurtenant thereto: 30%.
Driveways and off-street parking areas at one- and two-family dwellings, as follows:
Lot area <10,000 square feet: 12%.
Lot area 10,000 to 20,000 square feet: 12% minus 0.4% per 1,000 square feet of lot area above 10,000 square feet.
Lot coverage for lots with square foot area between any two 1,000 square foot points shall be calculated on the basis of the lower 1,000 square foot area.
[Example: Lot area 16,500 square feet; Lot coverage: ((0.12 - (6 x 0.004)) x 16,500 square feet = 0.096 x 16,500 square feet = 1,584 square feet]
Lot area >20,000: 8%.

§ 19-1003 Height.

[Ord. 559, 6/20/1959, Section 703; amended by Ord. 743, 3/5/1969, Section 1, 2; Ord. 753, 10/13/1969, Section 2; Ord. 769, 9/15/1970, Section 1; Ord. 1261, 11/21/1989, Section 1, 2; Ord. 1450, 9/8/1994, Section 3]
a. 
Maximum height. The maximum height of structures in this District shall be no more than 35 feet and shall be limited to a maximum of three stories, except in the following area, which shall have a maximum height of 65 feet, or except as provided for by special exception:
(1) 
The area west of South Atherton Street, bounded on the south and west by lands of the municipality and State College Area School District and on the north by lands zoned Planned Commercial 2.{212}
b. 
Special exception. Buildings in the R-4 (Residential) District with a height greater than 65 feet: The Zoning Hearing Board, in considering a request for such exception shall consider the conditions set forth below and such other relevant factors as deemed relevant by the Board.
(1) 
The topographic relationship between the site and surrounding area shall be accurately represented on a model included with the required land development plan. This model must show the proposed building and all existing and proposed buildings within 200 feet of the perimeter of the site. This model may be two-dimensional or three-dimensional or employ some type of computer or other video imaging technology. This model must show shadow effect created by proposed building.
(2) 
Open space and screening by planting shrubs and trees. A minimum of 15% of all sites shall be preserved as open space. These open space areas shall be maintained in landscaped material or other materials deemed appropriate by the Planning Commission in consultation with the Design Review Board. Open space shall be readily accessible to the public, including persons with physical or visual impairments. Appropriate signing designating the area as public open space must be located at all entrances to the open space. Such signing shall include the name of the party responsible for maintenance and the telephone number at which this party can be reached during normal business hours. Open space shall be designed for use by people as opposed to serving as a setting for the building. Open space must provide opportunity for penetration by sunlight. The applicant and any successor in title to the property shall maintain this area.
(3) 
Building design shall include modulation of building walls and roof treatments and use of patterned building materials.
(4) 
Traffic and pedestrian circulation and parking features. Pedestrian amenities such as seating and additional public sidewalk width shall be encouraged. Except for driveways, as permitted under Part H of this chapter, all required parking placed on the site shall be subsurface or located within the building(s) or structure(s).
(5) 
Internal parking shall be located such that building street and alley faces shall be used for retail or other active uses. Except for driveways, as permitted under Part H of this chapter, a minimum of 50% of all street- and alley-level walls shall be constructed of transparent material.
(6) 
Front yard setback shall be increased by one foot for every three feet of height above 65 feet.
(7) 
In no case shall any building or structure be permitted to exceed 85 feet in height.
(8) 
Within the Central Business District, all building street and alley frontages shall be devoted to pedestrian-oriented uses. Pedestrian-oriented uses are typically sidewalk-oriented and physically and visually accessible by pedestrians from the sidewalk. Uses which compose pedestrian-oriented uses include, but are not limited to, specialty retail, personal service shops, department stores, hardware stores, apparel stores, restaurants and theaters. Retail banking offices may occupy up to 25% of the street frontage of any building. Banks (other than retail banking offices) and financial institutions are not pedestrian-oriented uses. The applicant and any successor in title to the property shall maintain pedestrian-oriented uses in all building street and alley frontages.
(9) 
Other conditions deemed relevant by the Board.

§ 19-1004 Parking Requirements.

As specified in Part H of this chapter.

§ 19-1006 Open Space for All Uses Except One- and Two-Family Dwellings.

[Ord. 559, 6/20/1959, Section 704; amended by Ord. 753, 10/13/1969, Section 2; Ord. 762, 5/5/1970, Section 1; Ord. 1396, 12/10/1992, Section 8; Ord. 1854, 10/16/2006, Section 4]
a. 
A minimum of 40% of the total lot shall be devoted to open space.
b. 
Thirty-five percent of the required open space shall be devoted to usable recreational area in rear yards or side yards not abutting a public street. Such recreational space should be adjacent to property lines.

§ 19-1007 Special Exceptions.

[Ord. 559, 6/20/1959, Section 1501.4, 1501.5, 1501.6; amended by Ord. 577, 6/7/1960, Section 2; Ord. 822, 4/5/1973; Ord. 850, 5/6/1974; Ord. 941, 9/11/1978, Section 128; Ord. 1284, 7/10/1990, Section 9]
Under powers as set forth in this chapter, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days and after public hearing, may authorize a permit as a special exception, subject to the conditions set forth and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and to safeguard adjacent properties, for the following:
a. 
Club and Community Center. Clubs and community centers (except those operated for commercial gain) are permitted in R-4 districts subject to the following terms and conditions:
Abutting residential properties are protected from club or community center activities through planting, fence, walls or other devices, as approved by the Planning Commission.
b. 
Funeral Home. Funeral homes may be constructed in R-4 districts, provided:
(1) 
Such home is not located between existing dwellings on the same block.
(2) 
There shall be no receiving vault, preparation room or display of merchandise or advertising visible from outside the main accessory building.
(3) 
All loading of merchandise, bodies of deceased persons, shall be completely on the premises.
c. 
Housing for Elderly Persons. Housing for elderly persons may be constructed in R-4 districts, provided:
(1) 
An off-street emergency ambulance entrance shall be provided.
(2) 
At least one elevator in such building over three stories in height shall be at least seven feet in one horizontal direction.
(3) 
Side yard setbacks of such residential buildings may be less than otherwise required if such reduction will permit a more logical siting of the buildings on the lot; will overcome topographical limitations of the lot; will better utilize the shape of the lot; will avoid conflicts with utilities; or will permit the preservation of trees and natural features of the lot.
(4) 
Reduction of side yard setbacks shall not be allowed if it will provide a building coverage on the lot greater than that which could be obtained without such side yard reduction. A minimum side yard setback of 10 feet shall be required.
(5) 
No residential building designed for use as housing for the elderly shall exceed 65 feet in height.
d. 
Professional Offices. Professional offices may be constructed in R-4 districts, provided:
(1) 
The architectural design of the structure and the landscaping of the area shall be in keeping with the character of the surroundings.
(2) 
Such office shall have a lot area of not less than 2,500 square feet for each 500 square feet so used for office purposes.
(3) 
(Reserved){240}
e. 
School for Dance and/or Music Instruction. Schools for dance instruction or music instruction may be constructed in the R-4 districts.

§ 19-1101 Purpose and Uses.

[Ord. 878, 9/9/1975; amended by Ord. 1243, 6/27/1989, Section 1; Ord. 1991, 5/7/2012, Section 2]
a. 
Purpose. It is the purpose of the Residential-Office district to provide a buffer area between the downtown commercial district and adjacent residential areas. In seeking to attain this purpose, the following objectives shall be pursued:
(1) 
Preservation and reuse of the existing stock of buildings, many of which exemplify periods of the early development of State College;
(2) 
Mixtures of moderate-density residential and office uses;
(3) 
Location of office uses in areas served by arterial or collector streets to minimize the impact of traffic on residential areas; and,
(4) 
New construction that maintains the scale of its surrounding environment.
b. 
Uses. In this district, the land and structures may be used, and structures may be erected, altered, enlarged, for the following purposes only:
(1) 
Any use permitted in the R-3 district.
(2) 
Boarding House and Rooming House.
(3) 
Tourist Home.
(4) 
Offices (including medical and related offices of chiropody, chiropractic, dentistry, medical optical, optometric, osteopathic, and offices for lawyer, accountant, architect, engineer, minister, governmental, insurance, real estate, brokerage and all other offices which are similar to the listed uses in function, traffic-generating and attraction capacities). No uses shall be allowed that creates a nuisance due to noise, glare, smoke, vibration or other nuisance factors to the residential/office character of the district.
(5) 
Special exceptions permitted by the Zoning Hearing Board (as prescribed in Section 606 of this chapter), including:
(a) 
Club and Community Center, except those operated for commercial gain.
(b) 
Funeral Home.
(c) 
School for Dancing, Band Instruction or Singing.
(d) 
Housing for Elderly Persons.
(6) 
Residential-Office Overlay (R-OO).

§ 19-1102 Lot, Area, Width and Yards.

[Ord. 878, 9/9/1975; amended by Ord. 932, 3/7/1978, Section 1; Ord. 961, 9/11/1979, Section 1; Ord. 1010, 8/4/1981, Section 3; Ord. 1034, 12/10/1982, Section 8,{250} Ord. 1243, 6/27/1989, Section 2; Ord. 1537, 8/27/1997, Section 8]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
Minimum for all buildings: 5,000 square feet.
Single-family dwelling: 5,000 square feet.
Two-family dwelling, boarding or rooming house, tourist home: 8,000 square feet.
Multiple-family dwelling (per unit): 1,000 square feet.
Personal care homes for adults: large (per unit), 1,000 square feet, small, 5,000 square feet.
b. 
Lot width.
Single-family dwelling: 50 feet.
Two-family dwelling, boarding or rooming house, tourist home: 75 feet.
Multiple-family dwelling: 100 feet.
Other structures: Sufficient to provide required side yards.
Personal care home for adults: large, 100 feet; small, 50 feet.
c. 
Front yard depth.
All structures: 20 feet.
d. 
Side yard width.
Single-family dwelling: six feet.
Two-family dwelling: six feet.
Multiple-family dwelling, boarding or rooming house, tourist home: 15 feet.
Offices: 10 feet.
Other nonresidential uses: 10 feet.
Personal care home for adults: large, 15 feet; small, six feet.
e. 
Rear yard depth.
All Buildings: 20 feet.
f. 
Any structure in existence at the effective date of this Ordinance which does not conform to minimum setback requirements may be used for any use permitted in this District, provided all other requirements are met.
g. 
Where two or more residential buildings are to be located on the same lot [as provided for in Section 501.1(1)], the distance between such buildings shall be 20 feet.

§ 19-1103 Height.

[Ord. 878, 9/9/1975; amended by Ord. 1243, 6/27/1989, Section 3]
The maximum height of structures in this district shall be four stories, not to exceed 36 feet.

§ 19-1104 Parking Requirements.

[Ord. 1169, 2/5/1987, Section 2; amended by Ord. 1289, 8/14/1990, Section 2; Ord. 1243, 6/27/1989, Section 4; Ord. 1700, 6/4/2002, Section 1]
(As specified in Part H of this chapter.)
a. 
Off-site parking for uses located in the C, General Commercial, district may be located in the R-O, Residential-Office, district, provided all criteria specified in Section 1807.d are met.

§ 19-1105 Notice Prior to Demolition, Removal or Razing.

[Ord. 1516, 12/23/1996, Section 3]
See Section 707 of this chapter.

§ 19-1106 Open Space.

[Ord. 1700, 6/4/2002, Section 2; amended by Ord. 1854, 10/16/2006, Section 5]
A minimum of 30% of a lot's area shall be maintained as open space.

§ 19-1107 Residential-Office Overlay (R-OO).

[Ord. 1991, 5/7/2012, Section 3]
a. 
Boundaries. The Residential-Office Overlay is hereby established on those parcels identified as 254 East Beaver Avenue (Tax ID 36-013-, 185-,0000-), 320 East Beaver Avenue (Tax ID 36-013-,198A-,0000-), and 340 East Beaver Avenue (Tax ID 36-013-,199-,0000-). The boundaries of the overlay are confined to the boundaries of the above mentioned lots as they existed at the time the overlay was established.
b. 
Purpose. The purpose of the Residential-Office Overlay is to do the following:
(1) 
Facilitate redevelopment of underutilized lots and nonconforming structures.
(2) 
Address the unique nature of lots that are adjacent to multifamily dwellings and fraternities.
(3) 
Allow for new construction that does not detract from the scale of its surrounding environment.
(4) 
Expand uses in this overlay while providing a transitional step down in building height between higher density residential allowed on the North and lower density allowed on the South and allowing the same commercial uses on both sides of Beaver Avenue.
(5) 
Allow for incentives to increase building height, reduce the front yard setback, and reduce the amount of required open space.
c. 
Uses. In addition to the uses permitted in the R-O District, the overlay will also permit the following uses by right:
(1) 
Mixed-use.
(2) 
Commercial uses as permitted in the CID (except Motor Vehicle Oriented Businesses and Adult Businesses).
(3) 
Community Center.
d. 
Ground floor use restriction.
(1) 
Residential uses are prohibited anywhere on the building's ground floor along Beaver Avenue.
(2) 
Parking is not allowed within the first 20 feet of the building's ground floor area facing Beaver Avenue.
e. 
Lot, Area and Width. The same as in Section 1102 a. and b.
f. 
Front Yard Depth. Each lot in this overlay shall comply with the following minimum requirement:
(1) 
All Structures: 20 feet measured from the face of the curb of the fronting street.
g. 
Side Yard Width. Same as Section 1102.d.
h. 
Rear Yard Width. Same as Section 1102.e.
i. 
Height. The maximum height of structures in this overlay district, except when incentives are applied, shall be 45 feet not to exceed four stories. Building height shall be measured from the East Beaver Avenue front of the building.
j. 
Parking Requirements. Off street parking shall be provided in accordance with the following minimums:
Nonresidential uses: one space per 800 square feet of gross floor area per building and outdoor sales area in excess of 30,000 square feet.
Residential uses: one space per 800 square feet of housing gross floor area
The location and design of all off-street parking areas shall comply with the provisions of Part H of this chapter.
k. 
Open Space.
(1) 
A minimum of 30% of a lot's area shall be maintained as open space.
(2) 
The minimum open space may be reduced to 15% of a lot's area if any of the incentives described in Section 1107.1 is utilized.
l. 
Incentives.
(1) 
The purpose of the four incentives provided in Table 1 below is to allow for additional building height in return for the developer providing one (or more) of the incentives. Up to two stories, not to exceed 20 feet above the base height in the overlay (four stories, 45 feet) may be added according to the following standards:
A minimum of one incentive: one additional story.
A minimum of three incentives: two additional stories.
Table 1
Incentives
Incentives
Bonus — Increase in Building Height
Underground Parking
1 story/10 feet
Green Certification
1 story/10 feet
Limit Residential F.A.R. to 1.5
1 story/10 feet
Mixed Use
1 story/10 feet
(2) 
Description of Incentives: The three incentives in Table 1 are described in detail below. In order for the incentive to qualify for the bonus, the incentive shall meet or exceed the criteria described below.
(a) 
Underground Parking: Parking located at street level reduces opportunities to utilize this valuable space for the activities that increase street life. Locating parking in subsurface facilities expands the total building volume available for commercial and residential development. To qualify for this bonus (and the reduction in open space and front yard setback), at least 66% of the required parking must be provided in subsurface facilities. Bonus: When underground parking is provided, each underground parking space shall count as 1.5 spaces towards the required parking for the development.
(b) 
Green Certified. Any building designed and constructed following the currently applicable Leadership in Energy and Environmental Design (LEED) Green Building Rating System. This includes major renovations to existing buildings as defined in the applicable LEED Green Building Rating System. To qualify for this bonus, a building must obtain the minimum number of points through the LEED certification process to receive designation as a Silver Certified Building or equivalent level of certification.
Any application for a bonus to increase building height through the green certified incentive must include a 2009 LEED Project Checklist for New Construction and Major Revisions, or successor checklist, that identifies those credits that will be utilized to obtain the required LEED certification.
Any applicant that intends to obtain a bonus allowing increased building height must post a performance bond with the Borough of State College as surety that the building will receive the appropriate level of LEED certification or higher. State College Borough Council shall establish the amount of this performance bond by Resolution. State College Borough will deposit this bond in an Environmental Sustainability Improvement Fund.
Upon receipt of documentation from the US Green Building Council (USGBC) or a USGBC certified professional that the appropriate level of LEED certification has been awarded to the applicant, State College Borough will return the bond, with any accrued interest, to the applicant. Failure to obtain the appropriate level of LEED certification within a period of one year from the date of the issuance of the certification of occupancy will result in forfeiture of the performance bond and accrued interest. The applicant may request the Borough Manager or his/her designee extend this certification period for a period of not more than two years. Said extension must include documentation that all materials necessary to obtain certification have been submitted to the USGBC. State College Borough shall use any forfeited performance bond funds on projects to increase the environmental sustainability of community facilities in State College Borough.
(c) 
Limit Residential F.A.R. to 1.5: In order to promote office and commercial uses, it is beneficial to limit the residential use of a structure built in the overlay. To qualify for this bonus, the residential portion of the development must be kept to a F.A.R. of 1.5 or less.
(d) 
Mixed Use: To qualify for a bonus for mixed use development, the project must include one floor of commercial uses above the ground floor and the commercial must occupy the entire floor area (excluding space devoted to circulation and HVAC systems) of the story within the building.

§ 19-1151 Purpose.

[Ord. 1567, 6/4/1998, Section 2]
The purposes of the R-OA district are to:
a. 
Provide a mixture of low-density residential and office uses in those areas located between higher density and lower density zoning districts;
b. 
Facilitate the preservation and reuse of buildings that are contributing structures to a National Register Historic District;
c. 
Provide opportunities for nonresidential uses that are compatible with the surrounding residential environment.
d. 
Encourage investment opportunities consistent with maintaining or enhancing the character of the neighborhood.

§ 19-1152 Use Section.

[Ord. 1567, 6/4/1998, Section 2]
In this district, the land and structures may be used and structures erected, altered, enlarged and maintained for the following uses only:
a. 
Any use permitted in the R-2 district.
b. 
Three-family dwellings, not exceeding two bedrooms per dwelling unit.
c. 
Bed-and-breakfast establishments.
d. 
Day-care center or Home (Child).
e. 
Day-care center or Home (Adult).
f. 
Community Centers.
g. 
Personal Care Home for Adults (Small).
h. 
Student Home.
i. 
Offices.
j. 
Mixed Use.
k. 
Off-street Parking Areas.
l. 
Rooming houses (not exceeding five persons per building).

§ 19-1153 Lot Area, Width, Yards and Coverage.

[Ord. 1567, 6/4/1998, Section 2; Ord. 1840, 4/4/2006, Section 11]
Each lot in this district shall comply with the following minimum requirements:
a. 
Lot area.
One-family: 5,000 square feet.
Two and three-family: 8,000 square feet.
All other uses: 6,000 square feet.
b. 
Lot width.
One-family: 50 feet.
Two and three-family: 75 feet.
All other uses: 50 feet.
c. 
Front Yard Depth - new construction.
Front yard setbacks for new structures shall be no more than nor less than 10% of the average front setback established by adjacent buildings along the street. The average shall be calculated from the front setbacks of the first two buildings along the street located on each side of the new construction.
Off-street parking areas shall be setback 50 feet from the front property line and five feet from side and rear property lines.
d. 
Side yard width.
All structures: six feet.
e. 
Rear yard depth.
Twenty percent of the depth of the lot measured from the front building line to the nearest point of the rear lot line, but in no case shall this be less than 15 feet.
f. 
Lot coverage.
Maximum area that may be covered by buildings and other structures: 40%.
Maximum area that may be covered with surface off-street parking areas including all driveways and aisleways: 30%.
g. 
Minimum Open Space (all uses): 30%.

§ 19-1154 Use of Nonconforming Buildings.

[Ord. 1567, 6/4/1998, Section 2]
Any structure in existence at the effective date of this ordinance which does not conform to minimum setback and height requirements may be used for any use permitted in this district provided all other requirements are met.

§ 19-1155 Maximum Number of Residential Buildings.

[Ord. 1567, 6/4/1998, Section 2; amended by Ord. 1714, 11/26/2002, Section 1]
A maximum of one building for residential use is allowed on a single lot.

§ 19-1156 Height.

[Ord. 1567, 6/4/1998, Section 2; amended by Ord. 1794, 9/20/2004]
Building height contributes to the overall pattern and rhythm of a streetscape. The vertical character of the streetscape is important to maintain. Accordingly, the height of new buildings or building additions along the street shall be no more or less than 30% of the average of the heights of adjacent buildings along the street but in no case shall the upper limit of the height range exceed 35 feet. The average of adjacent buildings shall be calculated using the heights of the first two buildings along the street located on each side of the new construction. When any adjacent building exceeds 35 feet in height, 35 feet shall be used to make the average calculation rather than that building's actual height. Buildings located behind the front building facing the street are not required to be built to a height within the range but shall not be higher than the front building when measured and viewed from the street. No buildings or other structures (except for those provided under Section 503.d.2) shall exceed 35 feet.

§ 19-1157 Parking.

[Ord. 1567, 6/4/1998, Section 2]
As specified in Part H of this chapter. Off-site parking for uses located in the C, General Commercial District, may be located in the R-OA district pursuant to Section 1807.d.

§ 19-1158 Notice Prior to Demolition, Removal, or Razing.

[Ord. 1567, 6/4/1998, Section 2]
See Section 707 of this chapter.

§ 19-1159 Bed-and-breakfast Establishments.

[Ord. 1567, 6/4/1998, Section 2]
Bed-and-breakfast Establishments are permitted in R-OA provided:
a. 
The total number of guest rooms shall not exceed six on any individual lot.
b. 
Accessory buildings and detached garages used as one or more of the allowed guest rooms shall not contain cooking facilities.
c. 
The length of stay per guest shall be limited to 14 days per sixty-day period.
d. 
Off-street parking areas and driveways shall comply with the standards specified in Part H of this chapter subject to lot coverage limits applicable in the R-3H district. Driveways may be used as off-street parking areas except for that portion of a driveway located between the property line and the curb.
e. 
One sign, permitted on each lot used for a Bed-and-breakfast Establishment, shall:
(1) 
Not exceed three square feet per sign face;
(2) 
Have no internal illumination;
(3) 
Be constructed of wood, stone, brass, ceramic or wrought iron;
(4) 
If configured as a ground pole sign, not exceed six feet in height at its highest point, including all parts, braces, and supports;
f. 
Meals for compensation may be provided only to guests of the bed-and-breakfast establishment. If meals other than breakfast or complimentary snacks are served, the owner must obtain any necessary permits from the State College Health Department.
g. 
Lot area, lot width, setbacks, lot coverage, open space, height, and building size shall comply with the standards applicable in the R-3H district.
h. 
The owner or manager shall maintain his or her primary residence on the premises.

§ 19-1160 Child or Adult Day-care center or Home.

[Ord. 1567, 6/4/1998, Section 2]
Day-care centers or homes for children or adults are permitted in the R-OA zoning district provided:
a. 
In addition to the parking requirements for any residential uses on site, there shall be one off-street parking space for each employee not living on the premises plus one off-street parking space for each 10 children or adults.
b. 
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania.
c. 
For child day-care centers there shall be an outdoor play area of at least 100 square feet per child enclosed by a fence with a minimum height of four feet.

§ 19-1201 Purpose and Intent.

[Ord. 1593, 5/6/1999, Section 1]
a. 
The University Planned District ("UPD") is designed to promote the careful planning and orderly development of the University campus, consistent with the community development goals of the Centre Region and its member municipalities as described in the Centre Region Comprehensive Plan.
b. 
The UPD is designed to be sensitive to both existing and projected future conditions, to provide a mechanism for determining the University's appropriate role in community development and to assure that the ongoing growth and change of its campus environment do not adversely impact upon the community.
c. 
UPD is intended to provide a single zoning mechanism which can accommodate the University's missions of education, research and public service, and its expanded roles of technology transfer and support for the development of the economy of the Commonwealth.
d. 
The UPD is intended to provide flexibility for land development, while also providing for review and mitigation of potential community and environmental impacts associated with development.
e. 
The UPD is intended to provide a unique campus environment consistent with the goals and objectives of the Centre Region Comprehensive Plan, the University's development objectives, and Articles V and VI of the Municipalities Planning Code.
f. 
The UPD is intended to encourage innovative and sensitive design in the lay out of buildings, structures and open spaces, and to encourage development which preserves natural features.
g. 
The UPD is intended to encourage more efficient use of land and public services, and to provide an environment of stable character consistent with surrounding uses.
h. 
The UPD is intended to encourage innovative strategies for mitigating transportation impacts, promote the use of transportation demand management strategies and minimize congestion.
i. 
The UPD is intended to provide for development which relates to and complements the community infrastructure and services required to support the long-term growth of the University and community.
j. 
The UPD is intended to encourage equitable sharing in the responsibilities to provide infrastructure systems which are adequate to support the long-term growth of the University and community.

§ 19-1202 Definitions.

[Ord. 1593, 5/6/1999, Section 2]
The definitions set forth below shall be applicable to this chapter.
a. 
ACCESSORY USE — A use customarily incidental, subordinate and directly related to a general or designated use. Accessory uses in the UPD shall be limited in size by the following standards:
For buildings of less than 20,000 square feet in size containing a permitted general or designated principal use, an individual accessory use is limited to 2,000 square feet.
For buildings of 20,000 square feet or greater in size containing a permitted general or designated principal use, an individual accessory use may not exceed 10% of the gross floor area.
For permitted general or designated principal use which does not involve a building or buildings, an individual accessory use may not exceed 2,500 square feet.
b. 
AGRICULTURE — The use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary uses for packing, treating, or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
c. 
AGRICULTURAL STRUCTURES THAT HOUSE ANIMALS — Structures which are used for the keeping of cattle, horses, sheep, goats, swine or other farm animals, including feedlots, and manure management equipment and facilities.
d. 
BUSINESS INCUBATOR — A building that offers office, light industry and manufacturing and/or laboratory space, common facilities and shared support services at below market rates to tenants.
e. 
BUSINESS OFFICE — Any building, or portion thereof, used by any company, corporation, partnership, or sole proprietor primarily engaged in providing services to business establishments on a fee or contract basis, such as, but not limited to, an advertising agency, credit reporting agency, employment services, management and consulting services, news services, protective services, public relations, commercial research, stenographic services, and commercial research, development and testing.
f. 
BUSINESS SERVICES — Any building, or portion thereof, used by any company, corporation, partnership, or sole proprietor for such uses as, advertising and mailing, building maintenance, data processing, equipment rental and leasing, quick-print and photocopying, photo finishing, messenger or courier services, and supplying stationery and other office supplies.
g. 
CONTINUOUS CARE RETIREMENT COMMUNITY — Residential uses with assisted care facilities for retirement living, which may include detached or attached dwellings, duplexes, townhouses, apartments, and other types of residential units, community centers, dining facilities, nursing home and long term care facilities, recreational facilities, and incidental retail sales and services for the benefit of residents and patients. Signs for accessory uses shall be limited to incidental signs.
h. 
CORPORATE OFFICE — Any building, or portion thereof, used as the place of business by an association of individuals created by law and existing as an entity with powers and liabilities independent of those of its members.
i. 
DESIGNATED USE REQUIREMENTS — Requirements, restrictions or limitations applicable to Designated Uses, as contained in this chapter or the District Plan.
j. 
ESSENTIAL UTILITY SERVICES — Public or private utility distribution systems for gas, water, storm and sanitary sewer, telecommunications, electricity, compressed air, chilled water, steam, condensate or similar services including poles, wires, mains, drains, sewers, pipes, conduits, cable towers and antennas not exceeding the maximum permitted height in a subdistrict, and other similar equipment and accessories necessary for furnishing such service. Essential utility services shall not include electric power generating plants, substations, water tanks, gas transfer stations, water and sewage treatment plants, buildings and lift stations, and water supply wells.
k. 
FINANCIAL OFFICE — Any building, or portion thereof, used by any company, corporation, partnership, or sole proprietor for such uses as banks, savings and loans and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, mortgage brokers, insurance agents, broker, lessees, buyers, sellers, agents, and developers of real estate.
l. 
FLOOR AREA RATIO (FAR) — The gross floor area of all buildings in a subdistrict divided by the subdistrict area.
m. 
GOVERNMENT OFFICE — Any building, or a portion thereof, used as the place of business by any department, commission, independent agency, or instrumentality of the United States, or of a state, county, incorporated or unincorporated municipality, township, authority, district, or other governmental entity.
n. 
MEDICAL OFFICE — Any building, or portion thereof, used by any company, corporation, partnership, or sole proprietor primarily engaged in furnishing medical, surgical and related services to individuals, including the offices of physicians, dentists, chiropodists, chiropractors, opthamologists, psychologists, psychiatrists, medical optical, optometric, osteopathic and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, oxygen and miscellaneous types of medical supplies and services, and veterinary offices. Hospitals, whether for profit or not-for-profit, licensed by the State of Pennsylvania are excluded from this definition. Animal hospitals are also excluded from this definition.
o. 
NON-STUDENT HOUSING — Housing in the UPD other than that provided by student residence halls or other student housing units, a continuous care retirement community, or a retirement community. If permitted in a specific subdistrict by the approved District Plan, the applicable residential zoning district requirements from the Borough of State College's Zoning Ordinance will be used to govern development of the non-student housing.
p. 
PARKING, SPECIAL EVENT — Parking which is used infrequently to accommodate the needs of special events, and not for regular use by employees, residents, or students. Such parking would typically be provided in grass fields or unimproved lots not otherwise used for parking, as occurs with Penn State football games, community 4th of July celebrations or other similar events.
q. 
PARKING, TEMPORARY — Parking which is established for a fixed period of time to accommodate construction projects, weather emergencies or other similar limited needs, and which will be removed upon expiration of the time period, unless extended by the municipality. Such parking would not require land development approval, but would require a zoning permit, and must be constructed at a minimum of gravel or other crushed stone. For temporary parking facilities greater than 5,000 square feet in size, a stormwater management plan may be required at the discretion of the municipal engineer.
r. 
PERIMETER SETBACK — A distance extending from the boundary of the UPD district to a structure within the UPD. The size of a required perimeter setback shall be measured as the shortest distance between the structure and the boundary of the UPD district.
s. 
PERSONAL SERVICES — Any building, or portion thereof, used by any company, corporation, partnership, or sole proprietor primarily engaged in providing services involving the care of a person or his or her apparel. Personal services usually include the following: laundry, cleaning and garment services, garment pressing, linen supply, diaper services, coin-operated laundries, dry cleaning plants, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, hair salons, shoe repair, hat cleaning, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, and porter services.
t. 
PILOT OR PROTOTYPE MANUFACTURING — A facility used for the production and/or testing of materials, physical layouts, processes, equipment, and other concepts, ideas and costs at a stage between the research laboratory and full-scale production.
u. 
PROFESSIONAL OFFICE — Any building, or portion thereof, used for the office for attorneys, accountants, architects, engineers, landscape architects, clergy, planners, surveyors and all other offices which are similar to the listed uses in function, and traffic-generation and attraction capabilities.
v. 
PROJECT AREA — The area for a proposed land development project as defined by the contract bid specifications of the contracting entity.
w. 
RETIREMENT COMMUNITY — Residential uses and ancillary facilities for retirement living which may include detached or attached single-family dwellings, duplexes, townhouses, or apartments, and other types of residential units, community centers, recreational facilities, and incidental retail sales and services for the benefit of residents.
x. 
SIGNS —
DIRECTIONAL SIGN — A sign erected along a public road to direct vehicles or pedestrians to a stated location.
EVENT SIGNS — Event signs are a type of directional sign specifically intended to direct motorists attending an event in the UPD to the site of the event.
GROUND POLE SIGN — A sign supported by one or more uprights, poles, or braces, placed in or upon the ground.
INCIDENTAL SIGN — A sign, generally informational or regulatory, that has a purpose secondary to the subdistrict in which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives.
MONUMENT SIGN — A self-supporting sign with 50% or more of its horizontal dimension resting on the ground.
ROOF SIGN — Any sign erected and maintained upon or above the roof of any building or structure.
TEMPORARY SIGN — A sign designed or intended to be displayed for no more than 60 days during the calendar year.
WALL SIGN — A sign attached parallel to but within 12 inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign face.
WINDOW SIGN — A sign that is attached to the exterior or interior of a window, which is intended for viewing from the exterior of the building.
y. 
SOCIAL, CIVIC OR FRATERNAL CLUB — A group of people, excluding student organizations, formally organized for a common purpose or interest, usually cultural, religious or entertainment, with regular meetings, membership requirements, fees and dues, and a constitution and/or by-laws.
z. 
SPRAY IRRIGATION — A method of wastewater disposal and any necessary appurtenance which, following a minimum of secondary treatment of the wastewater, involves spray application of the treated effluent on land determined to have soil characteristics capable of providing the additional filtration and treatment of the effluent to meet applicable state water quality standards. A minimum perimeter setback of 200 feet is required between any area used for such purposes and an adjoining zoning district.
aa. 
STADIUMS — Large open or enclosed places used for athletic or other major events, and partly or completely surrounded by tiers of seats for spectators.
bb. 
TELECOMMUNICATIONS STRUCTURES — Structures such as transmission towers, antennas, microwave annas, satellite dish antennas and other similar equipment exceeding 12 feet in diameter and for the maximum building height permitted in a subdistrict; and which are not designed, intended or permitted to carry service distribution lines.
cc. 
TEST TRACKS — Open or enclosed facilities utilized for the testing of motorized vehicles, vehicle components or other machinery, which may include but not be limited to a driving track, and buildings or facilities for testing engines, transmissions, and similar vehicle elements.
dd. 
TRANSPORTATION FACILITIES — Public or private facilities which are necessary for the operation, maintenance, and storage of vehicles or equipment used in providing any type of transportation services. Such facilities may include a range of facilities such as fleet services, major transit or transfer terminals, and airport facilities.
ee. 
TRANSPORTATION SERVICES — Structures or equipment used primarily in providing community or University transportation such as transit shelters or stops, bicycle racks or lockers, and rails or other elements of fixed guideway transportation systems.
ff. 
UPD DISTRICT PLAN (DISTRICT PLAN) — All documents, including maps, written narrative and studies, required to be submitted under this chapter as part of such District Plan.
gg. 
USES —
GENERAL USE — A use which is fundamental to the educational, research, public service, or technology transfer missions of a university.
DESIGNATED USE — A use which by its nature involves a substantial degree of public use, and/or a level of intensity and non-traditional relationship to a university which suggests that it should be limited in some way in a given area.
hh. 
UTILITY USES, FACILITIES, AND STRUCTURES — Public or private electric power generating plants, substations, water tanks, gas transfer stations, water and sewage treatment plants, buildings and lift stations, water supply wells, chilled water plants, steam plants, spray irrigation and other buildings and uses not defined as "essential utility services".

§ 19-1203 Regulation of Uses.

[Ord. 1593, 5/6/1999, Section 3]
Land and structures in a University Planned District may only be used for the following as permitted or restricted in the District Plan:
a. 
General uses:
Agriculture
Agricultural structures that house animals
Auditoriums, gymnasiums
Classrooms, laboratories, or other facilities for basic, behavioral or applied research and instruction
Dining halls principally for students, faculty and staff
Essential utility services
Instructional food service facilities
Laboratories, and other facilities for basic and/or applied research
Libraries
Museums, art galleries
Natatoriums and swimming pools
Observatories
Parking lots
Parking structures
Passive open space
Playing fields and courts
Radio and television studios for instructional purposes
Student residence halls and other student housing units
Student unions
Studios for instruction in music and other performing arts
Transportation services
University offices
b. 
Designated Uses:
Airport
Business offices
Business incubators
Business services
Child care facilities
Clubhouses and community centers
Commercial laboratories
Conference facilities
Continuous care retirement community
Convocation/events centers, arenas
Financial offices
Fire training sites and facilities
Fraternity and sorority houses
Golf courses, including driving ranges with lighting
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Medical offices
Non-student housing
Personal services
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Restaurants open to the public
Retail sales
Retirement Community
Social or civic clubs
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Transportation facilities
Telecommunications structures
Test tracks
Utility uses, facilities and structures
Visitor Center
c. 
Accessory Uses: Accessory uses are permitted, as defined in Section 1202.a.

§ 19-1204 Minimum District Size.

[Ord. 1593, 5/6/1999, Section 4]
A UPD shall consist of not less than 50 acres. A contiguous parcel of any size may be added to an existing UPD subject to the provisions of this Ordinance, and upon rezoning by the municipality.

§ 19-1205 Subdistricts.

[Ord. 1593, 5/6/1999, Section 5]
Lands within a UPD shall be apportioned into subdistricts, as designated on an approved District Plan. A subdistrict shall consist of not less than 10 acres.

§ 19-1206 Density, Dimensional Coverage and Open Space Requirements.

[Ord. 1593, 5/6/1999, Section 6]
a. 
The following requirements for structures and improvements within a UPD shall be specified for each subdistrict in an approved UPD District Plan and Narrative, subject to the standards hereinafter set forth:
(1) 
Maximum permitted density, based upon the FAR specified for the subdistrict.
(2) 
Maximum impervious coverage.
(3) 
Maximum building height.
(4) 
Perimeter setback, where the subdistrict includes a district boundary.
(5) 
Landscaping and buffering within the perimeter setback.
(6) 
Open space requirements for the subdistrict.
b. 
Standards contained in the District Plan with respect to the requirements set forth in Section 1206.a above shall conform to the following:
(1) 
The perimeter setback shall not be less than the largest front yard setback of the adjoining zoning district.
(2) 
Surface parking areas may be located within perimeter setbacks subject to the requirements of Section 1217.d.
(3) 
The maximum height of all structures within 250 feet of the boundary of the UPD District shall be the maximum height permitted in the adjoining zoning district. Height in the remaining area of each subdistrict shall be established in the District Plan. Beyond 250 feet from the boundary of the UPD, the maximum height requirement shall not apply to barns, silos, penthouses, chimneys, steeples, flagpoles, masts and aerials, monuments, radio and television transmission towers, smoke stacks, utility poles and towers, ventilators, water tanks, windmills, elevator shafts and other similar structures.
(4) 
No less than 40% of the total UPD shall be maintained as open space. One or more subdistricts may contain a smaller percentage of open space, so long as the total open space throughout the District conforms to the amount specified herein, and provided that no subdistrict shall have less than 20% open space. Each subdistrict narrative shall specify the minimum open space for that subdistrict. Open space may consist of the following:
(a) 
All areas covered with vegetation.
(b) 
Plazas, fountains, recreational areas, memorials, pedestrian walkways and similar impervious areas which are open to the sky.
(c) 
Parking lots shall not be considered open space.
(5) 
Landscaping and buffering within a perimeter setback shall comply with requirements of Section 1217, A Landscaping and Buffering.
c. 
Compliance with Federal Aviation Regulations. All development in the UPD shall comply with all applicable dimensional and land use requirements of Federal Aviation Regulations governing objects and land use affecting navigable airspace, and runway safety zones.

§ 19-1207 Allocation of Permitted Uses.

[Ord. 1593, 5/6/1999, Section 7]
a. 
General and Designated Uses. General and designated uses shall be permitted subject to the requirements of this ordinance, the approved District Plan, and all designated use requirements.
b. 
Transitional Areas. When additional limitations on uses are deemed necessary in transitional areas adjacent to a residentially-zoned area which does not permit multifamily residential uses, such use limitations shall be as set forth in the applicable subdistrict narrative in the District Plan.
c. 
Areas of Special Significance. When additional limitations on uses are deemed necessary to protect areas of special significance such as historic or natural resources, or community landmarks, such use limitations shall be as set forth in the applicable subdistrict narrative in the District Plan.

§ 19-1208 Parking.

[Ord. 1593, 5/6/1999, Section 8]
a. 
Location. Parking for all uses within a UPD shall be permitted at any location within the UPD. The location of parking areas shall accommodate the needs of users as specified in a Parking Projections Report and District Plan Transportation Study.
b. 
Parking Users. Parking shall be provided for the following categories of parking users: students residing within the District, students who commute from a residence outside the District, employees and visitors.
c. 
Number of Parking Spaces. Standards for the number of parking spaces to be provided shall be determined by historical demand for each category of parking users and computed utilizing a formula which specifies the number of parking spaces to be provided for the number of persons within each category.
d. 
Parking Projections Report. The applicant shall furnish a Parking Projections Report with the application for District Plan approval which shall show the manner in which the parking standards in this section have been derived and applied. The Parking Projections Report shall indicate the current numbers of parking spaces for each category of parking users, a three-year projection of the number of parking spaces for each category of parking users, the methodology utilized to determine the number of spaces required (based upon demand history), and a narrative description of the assumptions and rationale upon which the methodology and current and projected number of a parking spaces are based.
e. 
Parking Projections Report Updates. Every year following the approval of the District Plan, the applicant shall submit an updated Parking Projections Report in accordance with this subsection for review by the Centre Regional Planning Commission (CRPC). The parking standards set forth therein shall then become applicable to the District Plan and Narrative.
f. 
Parking for Third-Party Development. Notwithstanding Sections 1208.a through e, independent third-party land development in the UPD shall provide on-site parking in accordance with the Borough of State College's requirements.

§ 19-1209 District Plan Transportation Study.

[Ord. 1593, 5/6/1999, Section 9]
A district transportation study shall be submitted with the application for approval of the District Plan, and every 10th year following approval of the District Plan. The purpose of the transportation study is to generally identify the transportation impacts likely to result from projected development and activities within the District for a ten-year period. The transportation study shall include the following:
a. 
Parking Area Identification and Projections. Transportation impacts within the UPD will principally arise from the location and size of parking areas within the District. The transportation study, therefore, must identify existing parking areas, and the general size and location of areas within each subdistrict which are projected for use as parking areas within a ten-year period.
b. 
Traffic Analysis. The study shall identify the transportation study area and the transportation systems to be studied. Existing transportation conditions for highway links and intersections serving the UPD must be described and the existing level of use analyzed. Potential transportation impacts of future parking development must be assessed for a ten-year period. Recommendations for potential system or service improvements in order to accommodate the projected transportation impacts of UPD development shall be included. When feasible, the study shall identify specific recommendations designed to reduce or avoid impacts created by campus development on existing and future residential neighborhoods.
c. 
Internal Circulation and Facilities. The study shall describe existing and proposed internal roads for vehicular traffic; existing and proposed connections to the public street network; plans for street openings and closings, and possible impacts on the adjoining transportation system and adjoining zoning districts; existing and proposed facilities and accommodations for public transportation, pedestrian circulation, bicycle paths and other transportation methods.
d. 
Travel Demand Management. The study shall include a travel demand management analysis, addressing the manner in which various methods, such as promotion of ride sharing, pedestrian/bicycle improvements, and changes to on-campus and public transportation systems, will be utilized to reduce the number of single-occupancy vehicle trips associated with existing or future development under the District Plan.

§ 19-1210 Sign Regulations.

[Ord. 1593, 5/6/1999, Section 10]
a. 
Except as provided for in Sections 1210.c, 1210.e and 1210.f, the following regulations shall apply to signs located within 50 feet of the edge of the right-of-way along a public road corridor or within the perimeter setback in other areas:
(1) 
Types of signs permitted include monument, wall, directional, traffic regulatory and warning, and other incidental signs. Ground Pole (except when used as directional or traffic regulatory and warning signs) and roof signs are prohibited. Commercial advertising is prohibited on signs located within 50 feet of the edge of the right-of-way along a public road or within the perimeter setback in other areas.
(2) 
Monument Signs:
(a) 
Shall not exceed 10 feet in height measured from grade beneath the center of the sign to the top of the sign face, supporting structure, or lights, whichever is greater;
(b) 
Shall be limited to 30 square feet per sign face;
(c) 
May be internally or externally illuminated, provided that external illumination be directed upon the sign face and not be directly visible to motorists using the public road or visible over adjacent property boundaries;
(d) 
May be designed such that individual letters or the entire sign face may be changed to announce events occurring at the building or other facility designated on the sign.
(3) 
Wall Signs:
(a) 
No portion of any wall sign may extend above vertically or beyond horizontally the wall upon which it is affixed;
(b) 
May be internally or externally illuminated, provided that external illumination be directed upon the sign face and not be directly visible to motorists using the public road or visible over adjacent property boundaries;
(c) 
May be designed such that individual letters or the entire sign face may be changed to announce events occurring at the building or other facility designated on the sign;
(d) 
Shall be limited to two square feet of sign face per foot of building frontage to a maximum of 200 square feet.
(4) 
Directional Signs:
(a) 
Shall not exceed 10 feet in height measured from grade beneath the center of the sign to the top of the sign face or supporting structure, whichever is greater;
(b) 
Shall be limited to 24 square feet per sign face;
(c) 
May be internally or externally illuminated, provided that external illumination be directed upon the sign face and not be directly visible to motorists using the public road or visible over adjacent property boundaries.
(5) 
Traffic Regulatory and Warning Signs:
(a) 
Shall conform to the Manual on Uniform Traffic Control Devices or successor standards approved by the Pennsylvania Department of Transportation;
(b) 
May not be illuminated unless so required by the Uniform Traffic Control Devices or successor standards approved by the Pennsylvania Department of Transportation.
(6) 
Incidental Signs:
(a) 
Shall be limited to eight square feet per sign face;
(b) 
May not be internally illuminated;
(c) 
May be located only on the site, parking lot, structure, or other facility about which information is being provided.
(7) 
Event Signs:
(a) 
Event signs containing moving copy may only operate for three hours prior to the event through one hour after the completion of the event.
(b) 
Event signs may be located:
(i) 
Within 50 feet of the following public rights-of-way within the UPD: US 322 and US 322 Business, PA 26, University Drive, and Park Avenue.
(ii) 
On structures owned by the Pennsylvania Department of Transportation located above the cartway on US 322 and US 322 Business, PA 26, and Park Avenue east of Shortledge Road used to support traffic information and directional signs.
(c) 
Event signs are prohibited in transitional areas, areas of special significance, and on or within 50 feet of the right-of-way along all portions of College Avenue located within the Borough of State College.
(d) 
Event signs, whether permanently affixed to the ground or portable, shall not exceed 10 feet in height measured from grade beneath the center of the sign to the top of the sign face or supporting structure, whichever is greater.
(e) 
Event signs shall be limited to 40 square feet per sign face.
(f) 
Event signs are limited to messages containing alpha and numeric characters and directional arrows. The content of any message on an event sign shall be limited to the name of the event, the time and location of the event, and information directing motorists to the event's location. Commercial advertising of any type, including logos, and advertising future events at any facility in the UPD is expressly prohibited.
(g) 
A sign permit must be obtained for an event sign prior to its placement. Portable event signs must be permitted prior to their initial placement; thereafter, no permit is required for reuse of said portable event sign if placed in the same location.
b. 
Exemptions. The following signs are exempt from these regulations:
(1) 
Historical markers.
(2) 
Construction project signs for a period not to exceed one month before commencement of the project to one month after its completion.
(3) 
Banners, provided such banners are approved by the appropriate University official.
(4) 
Temporary signs, except event signs as defined herein, announcing a special event or activity unless prohibited under Section 1210.e and provided such temporary signs are approved by the appropriate University official.
(5) 
Scoreboards which are erected at facilities permitted under the provisions of this Ordinance.
c. 
Permits:
(1) 
A sign permit must be issued by the Sign Officer of the municipality in which the sign will be located prior to the erection of any monument, wall, event or directional sign located within 50 feet of the edge of the right-of-way along a public road or within the perimeter setback in other areas.
(2) 
Applications for a sign permit shall be made on a form provided by the sign officer of the municipality in which the sign will be located.
(3) 
Sign permits are valid until the sign is replaced, remodeled, or structurally altered, in which case a new permit shall be required.
(4) 
A fee shall be required for each sign permit based on the applicable municipal fee schedule.
(5) 
The applicant is responsible for obtaining any electrical, building, or other permit required by Centre Region Code Administration, the Pennsylvania Department of Transportation or other regulatory agency.
d. 
Special Exceptions and Variances:
(1) 
Requests for a special exception or variance to the requirements of this section shall follow the procedures and standards set forth in the Sign Ordinance of the municipality in which the proposed sign would be located.
e. 
Prohibited Signs. The following signs are prohibited in the UPD:
(1) 
Beacons or searchlights (except when used in conjunction with operations at University Park Airport).
(2) 
Signs which incorporate any continuously flashing or moving illumination or message boards, or with illumination which varies in intensity or which varies in color, and signs which have any visible moving part, revolving parts, or visible mechanical movement, or other apparent visible continuous movement achieved by electrical pulsations or by actions of normal wind currents, except when not visible from motor vehicles traveling on any public roads or event signs as permitted under Section 1210.c(7).
(3) 
Inflatable signs or movable signs, except when not visible from motor vehicles traveling on any public road.
(4) 
Tethered balloons or other tethered signs, except when not visible from motor vehicles traveling on any public road and provided such tethered balloons or signs do not create any hazard for the operation of any aircraft, hot air balloon, or dirigible.
(5) 
Signs which, by reason of size, location, or illumination, obstruct the vision of drivers, either when leaving a public road, or when entering a public road from any other street or driveway, or obstructs or detracts from the visibility or effectiveness of any traffic sign or control device on a public road.
f. 
Signs for Third-Party Development.
(1) 
Notwithstanding Sections 1210.a through e, independent third-party land development and uses in the UPD shall comply with the requirements of the Borough of State College's sign regulations.

§ 19-1211 Submission, Review and Approval of the District Plan.

[Ord. 1593, 5/6/1999, Section 11]
a. 
Content of Application. An application for approval of a UPD District Plan shall consist of the following:
(1) 
A UPD Subdistrict Map, delineating proposed subdistricts.
(2) 
A written narrative, specifying the standards required by Sections 1206 and 1207 of this chapter.
(3) 
The Parking Projections Report, required by Section 1208.d of this chapter.
(4) 
The District Plan Transportation Study, required by Section 1209 of this chapter.
(5) 
University Street and Parking Standards, as required by Sections 1214 and 1216 of this chapter.
b. 
The Pre-application Phase. In order to provide an opportunity for an exchange of information and collaboration in the design and development of a UPD District Plan, proposed versions of the information specified in Section 1211.a shall be submitted to the municipality and the CRPC at least 60 days prior to the filing of an application for approval of a UPD District Plan. Documents submitted by the applicant and any comments or recommendations by the municipality or CRPC shall be deemed advisory and shall not be binding upon the applicant, municipality or CRPC. Additions, revisions or modifications to the documents during the preapplication phase may be included in a subsequent application for approval of a UPD District Plan without further review under this section.
c. 
Application for Approval of UPD District Plan.
(1) 
Fourteen copies of an application for approval of a UPD District Plan shall be submitted to the municipality subject to payment of any fees; if applicable. Upon receipt of the application, one copy of the application shall be submitted to the CRPC.
(2) 
The application shall be referred to the Planning Commission for review and recommendation.
(3) 
The governing body shall hold a public hearing, after public notice on the application, and shall approve, approve subject to conditions, or deny the application within 45 days of the close of the hearing on the application, unless the time for such action is extended by approval of the applicant. If the governing body approves the application subject to conditions, the governing body shall send notice of such approval with conditions to the applicant by certified mail within 15 days of action by the governing body. The applicant shall give written notice of acceptance or rejection of the conditions within 30 days of the date of such approval. If the applicant rejects the conditions, the application shall be deemed to be denied as of the date of the rejection of conditions.
(4) 
An application for approval of the UPD District Plan may be denied if:
(a) 
It is inconsistent with the purpose and intent of this chapter;
(b) 
It does not meet the requirements of this chapter;
(c) 
It is inconsistent with the Centre Region Comprehensive Plan.
d. 
Effect of Approval of the UPD District Plan.
(1) 
An approved UPD District Plan shall govern the use and development of land within the UPD District. The terms of such approved UPD District Plan shall be deemed enforceable to the same extent as if set forth in this chapter. The issuance of zoning permits, building permits, sign permits, temporary use permits, or any other required permits shall be governed by the requirements of the applicable municipality, except (where specific provisions of this chapter apply).
(2) 
Upon approval of the UPD District Plan, a zoning permit shall be required for:
(a) 
Any land development plan.
(b) 
The erection or construction of a new building or structure larger than 144 square feet in ground floor area, or greater than 10 feet in height, or the expansion of the gross floor area or height of an existing building or structure.
(c) 
Any new use or change in use that results in the establishment of a designated use or the establishment of a general use which is restricted, or located in a transitional or special zone.
(d) 
The expansion of a designated use.
(e) 
The opening of a driveway onto a public street.
(f) 
The installation of lighting on any play field or court or any off-street parking area located within 1,000 feet of a perimeter, unless, in the judgment of the municipal zoning official, adequate screening exists to prevent the casting of direct rays of light upon adjacent properties or public rights-of-way.
(g) 
Prior to any change in a nonconforming use.
(3) 
Upon approval of the UPD District Plan a land development plan shall be required for:
(a) 
The erection or construction of a new building or structure larger than 144 square feet in ground floor area or the expansion by more than 5% of the gross floor area or height of an existing building or structure.
(b) 
The construction of any off-street parking area containing five or more spaces.
(c) 
The construction or closing of any street; the construction of any transportation facilities; transportation services; utility uses, facilities or structures; stormwater management structures or facilities.
(d) 
Any subdivision or resubdivision of land.

§ 19-1212 Amendment of the UPD District Plan.

[Ord. 1593, 5/6/1999, Section 12]
a. 
Landowner Amendments. A landowner may request an amendment to an approved UPD District Plan. Review and action upon a request for an amendment shall be in accordance with the provisions of Section 1211 above, except that the content of the application may consist only of those portions of the District Plan included in the application for amendment. The landowner shall give notice of such application to any other municipality in Centre County which has approved a UPD district plan on behalf of the same landowner.
b. 
Municipal Amendments.
(1) 
The municipality may amend the District Plan upon a finding, following a public hearing with notice to the landowner and public notice, that:
(a) 
An amendment is consistent with the efficient development and preservation of the entire UPD District; and
(b) 
An amendment would not adversely affect the use and enjoyment of land abutting the UPD District.
(2) 
A proposed amendment to the District Plan shall be referred to the Planning Commission and the CRPC for review and recommendation. The governing body shall hold a public hearing after public notice on the proposed amendment.
c. 
Notice to Other Municipalities. The municipality shall give notice of any application or proposal for amendment to the District Plan to any other municipality within Centre County which has approved a UPD District Plan on behalf of the same landowner.

§ 19-1213 Uniform Subdivision and Land Development Standards Applicable in the UPD.

[Ord. 1593, 5/6/1999, Section 13]
Land development or subdivision in the UPD shall be subject to the uniform subdivision and land development standards established in Sections 1214 through 1219 of this Ordinance. The standards set forth in this Ordinance, and as further specified in the approved UPD District Plan, shall serve as the basis for land development plan approval.

§ 19-1214 Streets, Sidewalks and Bikeways.

[Ord. 1593, 5/6/1999, Section 14]
a. 
Classification of Streets.
(1) 
Public Streets. Public streets within the UPD, that are to be dedicated to the municipality for public use, shall be classified according to the standards in effect in the Borough of State College Subdivision and Land Development Ordinance on the date of land development plan submission.
(2) 
University. All streets within the UPD which are not dedicated for public use shall be university streets. Classification of types of university streets if necessary, shall be those set forth in the UPD District Plan.
b. 
Dedication; Public Street Standards.
(1) 
Dedication. Dedication of streets to the municipality for public use shall be required whenever land development results in construction of a street which, at the time of construction, provides the sole access to more than four lots outside the UPD boundary.
(2) 
Public Street Standards. All streets required or proposed to be dedicated to the municipality shall be designed and constructed to the standards for public streets as specified in the Borough of State College's Subdivision and Land Development Ordinance.
c. 
University Street Standards; Optional Dedication.
(1) 
University Street Standards. University streets shall be designed and constructed to facilitate the safe and convenient movement of traffic. Appropriate construction standards, such as the width of cartways, use of curb and gutter, radii, length of culs-de-sac and paving specifications, shall be those standards set forth in the UPD District Plan.
(2) 
Optional Dedication. When a road has been designed and constructed to the standards set forth in Subsection 1214.b(2) above, it may be offered to the municipality for dedication.
d. 
Coordination with Surrounding Streets.
(1) 
Location. The streets required for any land development in the UPD, whether public or University, shall be coordinated with existing, proposed, and anticipated streets outside the UPD or portion of the UPD being developed. The location of all public streets shall conform to the Official Map or Comprehensive Plan of the Borough of State College.
(2) 
Safety. Street connections shall occur in safe and convenient locations.
(3) 
Connections to Existing Streets or Neighborhoods. Connections between public and university streets shall be consistent with the Borough of State College's Official Map, Comprehensive Plan of the Borough of State College and the approved District Plan.
e. 
Ingress and Egress for Land Development.
(1) 
Safety. All land development shall have access sufficient to afford reasonable ingress and egress for both emergency vehicles and those accessing the property in its intended use.
(2) 
On Arterials. Whenever land development involving the creation of one or more new streets borders on or contains an existing arterial street, as defined by municipal ordinance no direct driveway access onto the arterial street will be permitted.
(3) 
Driveways - General:
(a) 
All driveway entrances or other openings onto streets shall be designed so that:
(i) 
Vehicles entering and exiting the site pose no substantial danger to themselves, pedestrians, or other vehicles; and
(ii) 
Interference with the free flow of traffic on abutting or surrounding streets is minimized.
(b) 
Driveways shall be set back a minimum of five feet from any non-University lands.
(4) 
Connections to Public Streets. Standards for the design and construction of university street or driveway connections to public streets shall be those specified in the Borough of State College's Subdivision and Land Development Ordinance.
f. 
Sidewalk and Bikeway Standards.
(1) 
Public. Where required as part of the public street standards of the Borough of State College's Subdivision and Land Development Ordinance sidewalks and bikeways shall be provided according to the municipal standards.
(2) 
University. Where proposed in conjunction with land development, sidewalks and bikeways shall be designed and constructed to meet the requirements of the intended use. Bikeways shall be designed and constructed in accordance with the American Association of State Highway Transportation Officials (AASHTO) standards.

§ 19-1215 Utilities.

[Ord. 1593, 5/6/1999, Section 15]
a. 
Wastewater Disposal and Treatment. An application for land development plan approval shall describe the proposed method for providing wastewater disposal and treatment. Sewage facilities planning, as required by state law shall be completed, and upon approval by the municipality and the appropriate state agency deemed to satisfy the need to provide evidence that the method of wastewater treatment and disposal is feasible and sufficient.
b. 
Water Supply. An application for land development shall describe the manner in which potable water shall be supplied to the project and provide evidence that the appropriate arrangements with the applicable water provider have been secured.
c. 
Fire Hydrants and Fire Apparatus Access. The location and design specifications of fire hydrants or fire apparatus access shall conform to local fire protection standards as prescribed by the Borough of State College's Subdivision and Land Development Ordinance, or as required by the Fire Chief, whichever is most restrictive.
d. 
Additional Requirements:
(1) 
Utility Installation:
(a) 
Installed By or On Behalf of a University:
(i) 
If required by the applicable subdistrict regulations, new utility installations shall be underground.
(ii) 
When a university proposes to install new above-ground utilities at the perimeter of the UPD, such utilities and the required buildings and structures shall meet the perimeter setback requirements of Section 1206, "Density, Dimensional, Coverage and Open Space Requirements."
(2) 
When above-ground utility installations exist at the perimeter of the UPD or along streets, the installation of additional utilities of the same type or service on these facilities by the University shall be permitted.
(3) 
All utility installations by a university within a public street right-of-way shall be underground in those locations where existing utilities are also underground.
e. 
Installation by Others. When a public utility proposes to install utilities across the UPD for non-University purposes, installation shall be governed by all applicable laws and regulations governing such installation.
(1) 
As-Built Plans. As-built plans shall be provided to the municipality for underground, university-installed utilities installed by or at the direction of the owner within the public right-of-way. The as-built plans shall be prepared according to the standards in this Ordinance.
(2) 
Relationship of Utilities to External Development. The development and installation of public utilities for land development in the UPD shall be consistent with all applicable, adopted municipal plans for such utilities. In addition, such public utilities shall be compatible with, and provide for the reasonable extension of such utilities for adjacent land development in a manner consistent with municipal plans.

§ 19-1216 Environmental Preservation.

[Ord. 1593, 5/6/1999, Section 16]
a. 
Soil Erosion and Sedimentation Control. An application for land development plan approval in the UPD shall comply with all applicable Federal and State requirements governing soil erosion and sedimentation control, and earth disturbance. Plans required to satisfy such requirements shall be submitted with the land development plan.
b. 
Stormwater Management. An application for land development plan approval in the UPD shall include a stormwater plan which meets the requirements of the Borough of State College's Stormwater Management Ordinance.
c. 
Wetlands. Areas of a site, constituting wetlands, as defined by applicable federal and state regulation, shall be shown on the land development plan. Development in and adjacent to such wetlands shall be subject to the restrictions, if any, set forth in federal and state regulations.

§ 19-1217 Design Standards.

[Ord. 1593, 5/6/1999, Section 17]
a. 
Parking Design. Unless otherwise provided in a subdistrict narrative, the parking area design standards shall be those specified in the UPD District Plan.
b. 
Parking Construction Standards and Specifications.
(1) 
All parking in the UPD, except special event or temporary parking, shall be constructed according to the standards and specifications contained in the adopted UPD District Plan.
(2) 
Special event and temporary parking shall not be required to meet the standards in Section 1217.b(1) above, provided the parking meets the definition of special event or temporary parking in the UPD Ordinance. Such parking will be permitted in those areas specified in the UPD District Plan for such use, and may be improved to the specified standard at the discretion of the university, subject to land development plan approval by the Borough of State College.
c. 
Service Access. Service access or a loading area shall be provided for all proposed buildings greater than 10,000 square feet in size, unless otherwise exempted by the municipality. Design of service access should be well integrated with the overall building design.
d. 
Parking Area Landscaping and Buffering.
(1) 
Surface parking areas may be located within perimeter setbacks unless prohibited by the District Plan provided that a buffer yard measuring at least 15 feet in width and meeting the requirements of Section 1218.b of this Ordinance is provided.
(2) 
The UPD subdistrict narratives may provide for the required interior landscaping of surface parking areas. When such landscaping is proposed, the land development plan shall provide the information necessary to determine compliance with subdistrict requirements.
e. 
Dumpster Screening. Dumpsters shall be completely screened from view from any public right-of-way, or residential district be a sight-obscuring six-foot fence, wall, or evergreen planting that shall reach six feet in height within three years of planting. Landscape plant material installed to satisfy the requirements of this section shall be guaranteed to survive for a period of at least one year. Any landscape plant material which does not survive the guarantee period shall be replaced.
f. 
Lighting of Parking Areas. Lighting of parking areas shall be designed to enhance safety and to minimize glare on public streets, adjacent neighborhoods, adjoining non-university properties and to the night sky. When lighting of parking areas is proposed as part of a land development plan, sufficient information such as type of fixtures, height of light standards, intensity of illumination, and area to be illuminated shall be provided to allow a determination of impact on adjoining non-university properties consistent with municipal lighting ordinances, as applicable.
g. 
Building Facades and Roof Lines. Design of roof areas that are visible should be well integrated into overall building design so as to obscure any view of mechanical and electrical equipment and other appurtenances. In addition, building facades and roof lines should receive the same treatment on all sides, particularly in locations where one or more building facades abut adjoining areas in the community.
h. 
Historic Buildings, Structures and Places. Preservation of historic buildings, structures and places should be given strong consideration in the design, location, construction and use of new buildings and structures within the UPD. In addition, land development under the UPD should give strong consideration to the preservation and enhancement of the national Register Historic Districts within the UPD.

§ 19-1218 Landscaping and Buffering.

[Ord. 1593, 5/6/1999, Section 18]
a. 
Landscaping Plans. A landscaping plan is required as a component of land development plan submission if landscaping, including plantings for screening purposes, is required to buffer perimeter parking or other areas as required by the District Plan.
b. 
Buffering Standards and Requirements. When a landscaped buffer is required by sub-district or municipal zoning regulations, the flexible options standards and requirements of this subsection shall apply. The sub-district narratives shall indicate when these standards and requirements are specified. The land development plan shall include a landscaping plan showing compliance with this subsection. Berms, mounds, and fences may be used in combination with landscape plant material to satisfy buffering standards and requirements.
The flexible option standards and requirements, titled “Table 1 - Buffer Yards A through E,” are:
Table 1
Plant Unit Multiplier
019 Table 1 pg 1.tif
Table 1
Plant Unit Multiplier
019 Table 1 pg 2.tif
Table 1
Plant Unit Multiplier
019 Table 1 pg 3.tif
Table 1
Plant Unit Multiplier
019 Table 1 pg 4.tif
Table 1
Plant Unit Multiplier
019 Table 1 pg 5.tif
c. 
Street Trees. If required by the Borough of State College's Subdivision and Land Development Ordinance in conjunction with dedication of a public street, street trees shall be provided. The land development plan shall indicate compliance with this requirement for locations, types and guarantees. Street trees are encouraged, where appropriate, on University streets.
d. 
Site Lighting:
(1) 
Whenever lighting is proposed as part of a university land development plan, it shall be designed to enhance safety, minimize glare on adjoining non-university properties, adjacent neighborhoods, public streets and to the night sky; consistent with municipal lighting ordinances, where applicable. The land development plan shall show locations and heights of light standards, intensity of illumination, and area to be illuminated to provide for a determination of compliance with this subsection.
(2) 
Notwithstanding any other provision of this Ordinance, independent third-party development in the UPD shall comply with the Borough of State College's regulations on outdoor illumination.

§ 19-1219 Land Development Plan Requirements.

[Ord. 1593, 5/6/1999, Section 19]
a. 
Plan Submission and Review Procedures:
(1) 
General Requirements. Proposed subdivision and land development plans, all or part of which are situated in the municipality, shall be reviewed by the municipal Planning Commission and the CRPC and shall be acted upon by the municipality in accordance with the procedures specified in the Borough of State College's Subdivision and Land Development Ordinance.
b. 
Required Plan Contents:
(1) 
Sketch Plan. A sketch plan for a proposed subdivision or land development should contain sufficient information to identify the site location in relationship to the surrounding area, and a conceptual design plan. The conceptual design plan for land development should show the type and location of uses proposed and their relationship to natural and man-made features in and around the site; and for subdivision, should show a conceptual configuration of lots and streets, if any. Since the submission of a sketch plan is optional, no other requirements apply. However, any additional information which can be provided will enhance the response of the reviewing agencies.
(2) 
Contents of Preliminary Plan. All preliminary plans submitted for review shall be drawn to a scale of one inch equals 60 feet or larger [e.g. one inch equals 20 feet].
Plans shall be submitted on the following sheet sizes: 18 inches by 24 inches, 24 inches by 36 inches, or 36 inches by 42 inches. All lettering shall be drawn to a size to be legible if the plans are reduced to half size. All sheets comprising a submission shall be the same size and shall contain the following information:
(a) 
General Notes and Data:
Project area for the proposed land development.
Name of the proposed development.
Date of filing of preliminary plan.
The name and address of the owner, along with the deed book and page numbers of the deeds conveying the property to the owner. Also, the name of the developer and billing address, if different.
Zoning district/subdistrict.
Required setbacks (front, side and rear):
>
By ordinance.
>
By deed (if different).
Maximum height allowed (in zoning district).
Proposed use of property, whether general and/or designated uses, and accessory uses, if any.
Base or benchmark for topography on plan.
List of source(s) for required utilities, including where applicable, a list of Act 172/38 utility companies.
The name and address of the individual or firm preparing the plan.
Density calculation: A table shall be included on the plan describing each phase or section with quantitative data, including the following:
>
The total area of the development and approximate area of each phase.
>
The total area devoted to general and designated uses, the approximate number of dwelling units, the percentage of each type of use and the total floor area in the development and in each phase.
>
Floor area information consisting of the following:
Maximum permitted floor area ratio (FAR) for the subdistrict in which the land development is proposed.
Amount and percentage of permitted building floor area existing in the subdistrict before the proposed land development.
Total gross floor area of the buildings to be constructed in the land development proposed.
The total building floor area and the resultant floor area ratio for the subdistrict after the land development.
>
Floor area information for designated uses consisting of the following:
Maximum permitted designated use FAR for the subdistrict in which the land development is proposed.
Amount and percentage of permitted designated use building floor area existing in the subdistrict before the proposed land development.
Total gross floor area of designated use buildings, by use, to be constructed in the land development proposed.
The total designated use building floor area, by use, and the resultant floor area ratio for the subdistrict after the land development.
The area of streets, parking, sidewalks and walkways and the total area paved and percent of area paved or covered by structures, in the development and each phase or section.
The total acreage and percent of acreage in open space for the district as a whole, and each subdistrict, if any.
The calculation of impervious surface in the development and in each phase.
A written narrative which includes the following (as applicable):
>
A description of the ownership of all of the land included within the subdivision or land development.
>
An explanation of the purpose of the subdivision or land development.
>
Details regarding covenants, grants of easements or other proposed restrictions to be imposed on the use of land, building and structures, including proposed easements or grants for public use or utilities.
>
A statement describing the landscape design concept for the subdivision or land development.
>
A description of proposals to preserve natural features and existing amenities.
>
A statement describing the stormwater management methods to be employed in the design of the subdivision or land development.
>
A reference to the narrative statement shall be made on the proposed subdivision or land development plan.
>
Description of the effect of the proposed land development on the parking plan as described in both the District Plan Transportation Study and the Parking Projections Report.
Calculation showing the impact of the proposed land development on the open space percentage and impervious surface limits of the UPD and the applicable subdistrict.
All exterior features and improvements which are being provided to satisfy accessibility requirements for disabled individuals under the American with Disabilities Act, or any other applicable laws and regulations.
When a development is proposed to be submitted for final plan approval in phases over a period of years, a description of the proposed phasing plan shall be included with the application for preliminary plan approval. The description shall address:
>
The phases in which the development will be submitted for final plan approval and the approximate date when each phase will be submitted for final plan approval.
>
The approximate date when the development and each phase will be completed.
(b) 
Graphic Information and Plan Content. The following information shall be provided:
North point, graphic scale and legend describing all symbols shown on the plan.
Project area boundaries with dimensions.
A key map showing the location of the proposed development, within the UPD and the applicable subdistrict, roads and all major developments within 2,500 feet thereof at a scale of 1 inch equals 400 feet.
The day, month and year that the plan was prepared, the date on which revisions to the plan occur after initial submission, a description of those revisions and the date of the zoning permit application.
For any land development area which abuts the perimeter of the UPD, the names of abutting property owners, their mailing addresses, tax parcel numbers, and deed book and page numbers where their property listings may be found.
All utility and drainage easements for public utilities or easements to be dedicated to the public.
Natural features:
>
Sinkholes, watercourses and depressions.
>
Floodplain of the one-hundred-year flood elevation. (Also show any floodplain soils.)
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Steep slopes, as defined by municipal ordinance.
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Topographic contour lines at vertical intervals of 2 feet for land with average undisturbed slopes of 4% or less and at intervals of 5 feet for land with average slopes exceeding 4%. The source of topographic data shall be specified.
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Planting areas/beds and landscape features, including tree masses.
Man-made features on or within 150 feet of the land development area:
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Sewer lines (including laterals).
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Water mains and fire hydrants (including laterals).
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Electrical lines and poles (surface and subsurface).
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Culverts and bridges (type, size and appropriate slope).
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Railroads.
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Buildings (including parking lots and plantings).
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Streets, including rights-of-way, cartway widths, approximate grades and bike paths.
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All other utilities (including service entrances).
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Street addressing for private third-party development.
Proposed development:
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Street information including:
Location and width of rights-of-way and cartways.
Proposed street names.
A typical cross section, showing materials for base and surfacing, and method of construction.
Profiles along the center line of each proposed street, finished grade at a scale of 1 inch equals 50 feet horizontal and 1 inch equals 5 feet vertical.
Radius of horizontal curves.
Length of tangents between reverse curves.
Curb radii at intersections.
Vegetation to be planted between curb or shoulder and the right-of-way line.
Curb and gutter locations and typical designs.
Topographic contour lines for proposed finished grades within rights-of-way at intervals specified above.
Typical cross section of proposed roads.
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Sidewalks, walkways and bike paths, including location, width, grades, surfacing materials, and locations of ramps for the handicapped.
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Yard setback lines, as required by the UPD.
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Location of streetlights, including required entrance lights.
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Utility and drainage easements.
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Location and species of shade trees.
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Location and size of utilities.
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Location of fire hydrants.
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Location, total ground floor area, total floor area, height and use of the buildings and other structures. (All area dimensions shall be indicated in square feet.)
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Location, size and height of all proposed signage.
All fire apparatus access lanes as required by the Borough of State College's Zoning or Subdivision and Land Development Ordinance or the Fire Chief.
All outdoor storage facilities such as bulk trash containers and raw material storage, and any screening, if required.
Motor vehicle access to site:
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All setbacks required for driveways or property access.
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Driveway throat widths, including radii (show vehicle turning path of largest trucks servicing the site).
Off-street parking:
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Location, including required setbacks.
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All required handicapped spaces.
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All curbing and raised islands.
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Storm drainage systems.
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All perimeter plantings, such as shrubs, deciduous and coniferous trees. Include size and quality of plants used for headlight screening, and proposed methods of installation.
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Location of all required loading spaces.
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Information concerning the installation of landscaping in the parking lots, including section elevations, plans and details of all landscaping elements.
Planting beds and landscape features.
A general grading plan showing any major alterations to the topography of the site.
A stormwater management plan must be prepared in accordance with the Borough of State College's Stormwater Management Ordinance.
Traffic impact study:
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A Traffic Impact Study shall be submitted to the municipality as part of an application for a land development plan if:
The land development plan includes parking facilities which would generate 100 new vehicle trips (inbound or outbound) during the peak hour of vehicular traffic use of the parking facilities; or
The land development plan includes the addition, removal or relocation of a street; or
The proposed development alters the transportation patterns on a public street providing vehicular access to the development; or
For non-university development defined as a "designated" use, 100 new vehicle trips (inbound or outbound) are generated during the peak hour based on trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (most recent edition). Trip rates may also be determined based on research from existing nearby generators of a similar size and nature, with documentation of the following factors:
-
Development size;
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Proposed uses in the development and the development and the development being observed;
-
Times, dates and locations of traffic counts (3 days of data should be averaged).
The Traffic Impact Study shall be prepared by a qualified professional and include the following:
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A narrative description of existing conditions and traffic volumes for the external road network servicing the development.
-
Existing and future level of service analyses, which shall be based on the most recent edition of the Highway Capacity Manual, Special Report 209 (published by the Transportation Research Board, National Research Council), and will include the following:
Existing Conditions. Analysis of current conditions to allow comparison of actual conditions with conditions modeled in the District Plan Transportation Study (DPTS).
Future Conditions. Analysis of future conditions without the proposed development traffic, if the site is not developed, and if only previously-scheduled improvements are completed.
Future Conditions with Site Developed. Analysis of the incremental impact of the development on traffic conditions, and identification of improvements needed to mitigate the impacts.
Future Conditions with Site Developed and Mitigation in Place. Analysis of conditions if the proposed development is built, and improvements are implemented to mitigate the impacts.
The study must detail the methods used to arrive at future traffic projections and must project traffic impacts at least to the first full year of operation of the development. If the proposed development is phased over time, traffic projections must be prepared for each phase.
Level of Service "D" shall be the minimum acceptable LOS for an intersection approach in the post-development condition.
The Traffic Impact Study shall include a narrative discussion of the need for improvements or facilities to mitigate impacts which have been produced by development of the site.
The external road network and intersections to be analyzed, the peak hours to be included in the analysis for both general and designated uses, and all other assumptions shall be determined at a scoping meeting attended by representatives of the applicant, the Pennsylvania Department of Transportation (PADOT), affected municipalities, and the CRPC.
In order to select the external road network and intersections to be analyzed, the intersections analyzed in the District Plan Transportation Study (DPTS) will be reviewed to determine which intersections are projected to operate at Level of Service (LOS) D, E, or F. DPTS intersections which exhibit LOS E or F will be candidates for inclusion in the Traffic Impact Study to undergo a more detailed analysis. DPTS intersections which exhibit LOS D will also be candidates for additional analysis, if the delays projected at the intersection are near the midpoint between LOS D and E.
Signatures:
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Signature(s) and seal(s) of a licensed engineer, or architect who prepared and/or supervised the preparation of the plan.
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Signed, notarized statement by the landowner or landowner's representative certifying ownership of the property.
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Space for approval signatures by the appropriate municipal representatives, including the date of such approval.
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As applicable, a signed, notarized statement by the owner certifying and acknowledging all offers of dedication of land or facilities to the municipality and acknowledging that the owner will be responsible for maintenance of lands or facilities until they are completed and accepted for dedication by the municipality.
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Fire Chief's signature.
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Add the following note for the appropriate plan:
Subdivision plans - Approval of this preliminary plan and the final stormwater management plan grants the developer the right to construct the public improvements for this development. Only after final plan approval can the developer construct, offer for sale, transfer, agree or enter into an agreement to sell any lot or unit.
Land development plans - Preliminary approval shall not authorize construction or the issuance of any building or zoning permit.
(3) 
Contents of Final Plan:
(a) 
Final plans submitted for review shall include all information required by submission of a preliminary plan, plus the following:
(i) 
Location and elevation of installed monuments and markers, if any.
(ii) 
Final dimension and bearings of right-of-way lines and easements, including radii of curves and acres and delta angles of all curves.
(iii) 
A final stormwater management plan if required by the Borough of State College's Stormwater Management Ordinance.
c. 
Plan Approval and Recording. Plan approval and recording shall occur according to the procedures specified in the Borough of State College Subdivision and Land Development Ordinance.

§ 19-1220 Development Standards for Separate Lots Within the UPD.

[Ord. 1953, 7/19/2010]
There are several smaller lots within the UPD that are separate and distinct from the larger parent tracts that comprise the main campus. These lots are primarily improved with fraternity buildings that could be expanded or redeveloped for other uses. In the future, additional separate lots could be formed through subdivision of the parent tracts to accommodate third-party development. The UPD regulations, which treat the entire main campus as one large singular lot, do not provide useful setback and other development standards that can be applied individually to these smaller existing lots or to future lots that are separate from the larger parent tracts.
Accordingly, any lot within the UPD that has a total lot area of two acres or less and is a separate lot of record from the parent tracts (all parent tracts include within their uniform tax identifier number the prefix 36-006-,008 and which may be followed by a letter suffix) shall be subject to the following development standards:
a. 
Permitted Uses. Uses permitted and prohibited on the subject lot shall be the same as those permitted and prohibited in the UPD subdistrict in which the subject lot is located.
b. 
Yard Depth and Setbacks. Yard depth and setbacks shall be measured from the subject property's lot lines, rather than from the UPD's perimeter.
c. 
Yard Conventions and Modifications. Applicable yard conventions and modifications shall be the same standards as provided in Section 502.f.(4), (5), (6) and (8) of the Zoning Ordinance.
d. 
Minimum Yard Depth. Minimum yard depth for all uses shall be 40 feet front, 10 feet side, and 20 feet rear.
e. 
Minimum Open Space. A minimum of 30% of the lot's area shall be maintained as open space.
f. 
Maximum Building Height. Building height shall be the same as allowed in the UPD subdistrict where the lot is located.
g. 
Parking Requirements. Applicable parking regulations for all uses shall be as specified in Part H of the Zoning Ordinance. All required parking shall be on the lot where the use it serves is located.
h. 
Sign Regulations. Applicable sign regulations shall be the same standards provided in the Sign Ordinance, Chapter XV, Borough Codification of Ordinances.
i. 
Lighting Regulations. Applicable outdoor lighting regulations shall be as provided in Part K of the Zoning Ordinance.
j. 
Accessory Uses. All accessory uses and structures shall be located on the same lot as the primary use.
k. 
Zoning Permits and Land Development. Zoning permits and land development plans shall be required as provided for respectively in Sections 304 and 305 of the Zoning Ordinance.
l. 
Lot Consolidation. Whenever a separate smaller lot as described herein and zoned UPD is consolidated with the larger parent UPD holding, all UPD regulations shall become applicable. Such consolidation must be done in compliance with the Borough's lot consolidation regulations (Section 2609 of the Zoning Ordinance). Land that is not zoned UPD, but is legally consolidated with UPD holdings shall maintain its zoning designation prior to consolidation and shall be subject to all rules and regulations applicable to that zoning designation. Such land may subsequently be rezoned pursuant to the normal procedures available for rezoning requests.

§ 19-1230 Subdistrict 2.

[Ord. 1593, 5/6/1999; amended by Ord. 1602, 9/15/1999, Sections 2 and 3; Ord. 1665, 5/30/2001, Section 1]
a. 
Description.
(1) 
Location. This Subdistrict is located in the western part of the University Park campus. The eastern portion of the Subdistrict is in the Borough of State College while the western portion is in Ferguson Township.
(2) 
Size. The Subdistrict encompasses within its boundaries approximately 290 acres.
(3) 
Boundaries. Using Corl Road as the north-south direction, this Subdistrict is bounded on the north by non-University property in Ferguson Township and by West Park Avenue; on the south by Subdistricts 3 and 4; on the east by Atherton Street and on the west by Subdistricts 1 and 3 and non-University property in Ferguson Township. (This is also the location of the proposed Western Inner Loop that when constructed will constitute the entire western boundary of the Subdistrict.)
(4) 
General. This Subdistrict encompasses the University's golf courses. It will retain a substantially open space character with particular attention given to its relationship to the adjacent residential areas.
(5) 
Special and Transitional Zones. This Subdistrict has a transitional zone along its entire north edge within Ferguson Township. This zone has a depth of 250 feet.
There is one special zone that encompasses the entire eastern portion of the Subdistrict located within the Borough of State College. Specifically, the special zone lies within that area bounded by North Atherton Street, West Park Avenue, the Borough boundary line with Ferguson Township, and Subdistrict 4. The majority of the area consists of the present White Golf Course.
The White Golf Course and adjacent open areas are a place of special beauty that affords an unimpeded view of Tussey Mountain. It is the only substantial open space near the central or west campus or the central part of the Borough. Both the University's Master Plan and the Borough's Comprehensive Plan recognize the importance of protecting and preserving remaining open land surrounding the core campus. Accordingly, to preserve this open space, a special no-build zone is declared. Permanent structures, such as buildings (except for small ancillary structures), parking lots, lights to illuminate playing fields or driving ranges, bleachers, fences, or paved playing areas are prohibited.
b. 
Physical Requirements.
(1) 
Maximum permitted density based upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.02.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 5%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 95%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "PRD," Planned Residential Development, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins Park Avenue across non-University property in the Borough of State College zoned "R-2," Residence, the minimum setback shall be 40 feet.
Along the southern boundary of the Subdistrict, where it adjoins Subdistricts 3 and 4, no minimum setback shall be required.
Along the eastern boundary of the Subdistrict where it adjoins Atherton Street across from Subdistrict 5, the minimum setback shall be 40 feet, measured from the face of the curb of Atherton Street.
Along the western boundary of the Subdistrict, the following minimum setbacks shall apply:
Where the Subdistrict adjoins Subdistricts 1 and 3 no minimum setback shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "I," General Industrial, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "IRD," Light Industry, Research and Development, the minimum setback shall be 50 feet.
When the Western Inner Loop is constructed, the minimum setback at that location will be 50 feet.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. In all portions of the subdistrict located within the special zone, no structure or buildings shall exceed 15 feet in height.
Beyond the special zone, the following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 45 feet.
Along the northern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential the maximum height shall be 40 feet.
Along the southern boundary of the Subdistrict, where it adjoins Subdistricts 3 and 4 the maximum height shall be 45 feet.
Along the western boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Subdistricts 1 and 3, the maximum height shall be 45 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "I", General Industrial the maximum height shall be 45 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "IRD", Light Industry, Research and Development the maximum height shall be 45 feet.
When the Western Inner Loop is constructed, the maximum height shall be 45 feet.
Any revision or alteration implemented by a municipality to the height regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict within 250 feet of where it adjoins that zoning district.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District and within the transitional zone:
Along the northern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1," Single Family Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins Park Avenue across non-University property in the Borough of State College zoned "R-2," Residence, Buffer Yard D, Table 1 shall be required.
Along the southern boundary of the Subdistrict, where it adjoins Subdistricts 3 and 4, no buffer yard shall be required.
Along the eastern boundary of the Subdistrict where it adjoins Atherton Street across Subdistrict 5, Buffer Yard B, Table 1 shall be required.
Along the western boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Subdistricts 1 and 3, no buffer yard shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "I," General Industrial, Buffer Yard A, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "IRD," Light Industry, Research and Development, Buffer Yard A, Table 1 shall be required.
When the Western Inner Loop is constructed, Buffer Yard B, Table 1 shall be required where it adjoins this Subdistrict.
(7) 
Special Conditions. In this Subdistrict the following general uses will not be allowed:
Auditoriums, gymnasiums
Dining halls principally for students, faculty and staff
Instructional food service facilities
Laboratories and other facilities for basic and/or applied research
Libraries
Museums, art galleries
Natatoriums and swimming pools
Observatories
Parking structures
Radio and television studios for instructional services
Student unions
Student residence halls and other student housing units
Studios for instruction in music and other performing arts
Within the transitional zone the following general uses will not be allowed:
Agricultural structures that house animals
Classrooms
Playing fields and courts
University offices
West Park Avenue and the Western Inner Loop will not be used as vehicular access points to future facilities in this Subdistrict.
Within the special zone, no new parking lots shall be permitted and no new structures or buildings, except for small ancillary structures or buildings, as noted below, shall be permitted. General Uses and Designated Uses are expressly limited to those listed below:
Passive open space
Golf courses and small ancillary structures or buildings necessary for a golf course, such as public toilets, storm shelters, and water fountains (no individual building shall exceed 600 square feet in gross floor area)
Multi-use paths for golfers, hikers, bikers, or golf carts
Low-impact recreational uses which do not require permanent apparatus or structures
Transportation services (such as bus stop enclosures), as defined in the UPD definitions
Essential utility services
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.02.
(2) 
Specific Designated Use FAR. The following permitted designated uses shall not exceed FAR criteria as specified herein:
Restaurants open to the public shall not exceed 2% of the total allowable designated use FAR and will be allowed only as accessory to another permitted use.
Any other permitted designated uses not specifically included in this list are allowed to the extent that the aggregate FAR of all permitted designated uses does not exceed the FAR specified in Section 1 above.
(3) 
Designated Uses Permitted in This Subdistrict.
Child care facilities
Clubhouses and community centers (only as accessory to another permitted use)
Golf courses, including driving ranges with lighting
Non-student housing subject to R-1 or PRD zoning criteria
Restaurants open to the public (only as accessory to another permitted use)
Retail sales (only as accessory to another permitted use)
Stadiums with a seating capacity of 1,000 or less
Telecommunications structures
Utility uses, facilities and structures
(4) 
Designated Uses Not Permitted in This Subdistrict.
Airport
Business offices
Business incubators
Business services
Commercial laboratories
Conference facilities
Convocation/events centers, arenas
Financial offices
Fire training sites and facilities
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Medical offices
Personal services
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Stadiums with a seating capacity of more than 1,000
Test tracks
Transportation facilities
Visitor centers

§ 19-1235 Subdistrict 4.

[Ord. 1593, 5/6/1999; amended by Ord. 1620, 4/3/2000, Section 1, 2; Ord. 1652, 1/11/2001, Section 1; Ord. 1665, 5/30/2001, Section 2, 3]
a. 
Description.
(1) 
Location. This Subdistrict is located in the western part of the University Park campus. The eastern portion of the Subdistrict is in the Borough of State College while the western portion is in Ferguson Township.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 91 acres.
(3) 
Boundaries. Using Atherton Street between College and Park Avenues as the north-south direction, this Subdistrict is bounded on the north by Subdistrict 2; on the south by non-University property in the Borough of State College and Ferguson Township; on the east by North Atherton Street; and on the west by Subdistricts 2 and 3.
(4) 
General. This Subdistrict will be developed as an integral part of the academic core of the campus. Its character will replicate that of the more successful areas of the existing core campus. This Subdistrict is viewed as an important access point to the campus and, as such, particular attention will be given to pedestrian connections and interface with the adjacent neighborhoods.
(5) 
Special and Transitional Zones. A special zone is established along Atherton Street starting where an imaginary line representing the extension of the northern building face of the Thomas Water Tunnel building intersects the western curb of Atherton Street. The zone extends north from the starting point 300 feet along the western curb of Atherton Street and is 40 feet wide measured from the curb in a westerly direction. Within this zone, there shall be no setback applicable to any building or other structure bridging Atherton Street. All other buildings and structures are subject to the subdistrict's minimum setback requirement, 40 feet measured from the curb.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.5.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 55%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 45%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict, where it adjoins Subdistrict 2, no minimum setback shall be required.
Along the southern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "C", General Commercial, the minimum setback shall be 15 feet measured from the curb in case of a public street frontage or from the property line if no public street exists at that location.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned Urban Village, the minimum setback shall be 15 feet.
Where the Subdistrict adjoins property in Ferguson Township zoned C General Commercial, the minimum setback shall be 50 feet.
Along the eastern boundary of the Subdistrict where it adjoins Atherton Street across from Subdistrict 5, the minimum setback shall be 40 feet measured from the face of the curb on Atherton Street, except as provided for in Section 1235.a(5) of this chapter.
Along the western boundary of the Subdistrict, where it adjoins Subdistricts 2 and 3, no minimum setback shall be required.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. For the portion of this Subdistrict located in Ferguson Township, the maximum height shall be 60 feet.
For the portion of this Subdistrict located in the Borough of State College, the following maximum height limitations shall apply to buildings and structures:
For that portion of the subdistrict east of the imaginary north/south line that corresponds to the northern extension of the center line of Thorn Alley through the district, no portion of a building or structure shall exceed a height above elevation 1,264 feet, mean sea level (MSL). This height limitation shall not apply to chimneys, elevator towers, stair towers, mechanical rooms, or other necessary mechanical or electrical equipment mounted on or above the building's roof, provided that such features cumulatively do not occupy more than 1/10th of the linear length of the roof along its east/west axis.
For that portion of the subdistrict west of the line, no part of a structure or a building, including all roof elements when a roof is a design other than gable, hip, or gambrel, shall exceed a height above elevation 1,225 feet MSL. Exemption: On buildings with a gable, hip, or gambrel roof, the roof, including dormers and other elements thereon, may extend above elevation 1,225 MSL, provided that all of the following are met:
(1)
The top of the main ridge shall not exceed a height above 1,235 feet MSL;
(2)
The pitch of the main roof shall be that formed by a four-foot rise or higher over a twelve-foot run; and
(3)
That all other roof elements shall be lower than the main ridge.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District:
Along the northern boundary of the Subdistrict, where it adjoins Subdistrict 2, no buffer yard shall be required.
Along the southern boundary of the Subdistrict, the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "C", General Commercial, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned Urban Village, Buffer Yard C, Table 1, shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "C," General Commercial Buffer Yard B, Table 1 shall be required.
Along the eastern boundary of the Subdistrict where it adjoins Atherton Street across Subdistrict 5 Buffer Yard B, Table 1 shall be required.
Along the western boundary of the Subdistrict, where it adjoins Subdistrict 3, no buffer yard shall be required.
(7) 
Special Conditions. In this Subdistrict the following general use will not be allowed:
Agricultural structures that house animals.
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.03.
(2) 
Specific Designated Use FAR. The following designated uses shall not exceed FAR criteria as specified herein:
Restaurants open to the public shall not exceed 7% of the total allowable designated use FAR.
Retail sales, business and personal services, as a whole, shall not exceed 9% of the total allowable designated use FAR.
Any other permitted designated uses not specifically included in this list are allowed to the extent that the aggregate FAR of all permitted designated uses does not exceed the FAR specified in Section 1 above.
(3) 
Designated Uses Permitted in This Subdistrict.
Business services
Child care facilities
Conference facilities
Golf courses, including driving ranges with lighting
Personal services
Pilot or prototype manufacturing.
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Restaurants open to the public
Retail sales
Transportation facilities
Utility uses, facilities and structures
(4) 
Designated Uses Not Permitted in This Subdistrict:
Airports
Business offices
Business incubators
Clubhouses and community centers
Commercial laboratories
Continuous care retirement community
Convocation/events centers
Financial offices
Fire training sites and facilities
Fraternity and sorority houses
Heliports
Hospitals/medical clinics
Hotels, public lodging facilities
Medical offices
Non-student housing
Places of worship
Retirement community
Social or civic clubs
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000.
Telecommunication structures
Test tracks
Visitor centers.

§ 19-1240 Subdistrict 5.

[Ord. 1593, 5/6/1999; amended by Ord. 1604, 10/22/1999; Ord. 1652, 1/11/2001, Section 2; Ord. 1665, 5/30/2001, Section 4, 5]
a. 
Description.
(1) 
Location. This Subdistrict is located in the central and southeastern parts of the University Park campus. The majority of this Subdistrict is located in the Borough of State College with some areas along the eastern edge of the Subdistrict protruding into College Township.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 456 acres.
(3) 
Boundaries. Using College Avenue as the east-west direction, this Subdistrict is bounded on the north by Park Avenue; on the south by College Avenue, Subdistrict 6, and non-University property in the Borough of State College and College Township; on the east by an irregular line separating it from Subdistricts 9 and 12 and non-University property in College Township; and on the west by North Atherton Street.
(4) 
General. This Subdistrict constitutes the core of the University Park campus and has a heavy concentration of teaching and research facilities as well as student services and housing. It is one of the most densely developed Subdistricts.
(5) 
Special and Transitional Zones. This Subdistrict has a transitional zone along its north edge where it adjoins the Borough of State College's College Heights neighborhood. This zone has a depth of 250 feet. This Subdistrict has four special zones:
The first one is located along Park Avenue, between the Business Administration Building on the northwest corner of Park and North Allen and the Mateer Building. The building setback line from Park Avenue is 40 feet, measured from the southern edge of the Park Avenue right-of-way. Between the building setback line and a line 120 feet from and parallel to southern edge of the Park Avenue right-of-way, the maximum building height shall be 30 feet south of this line, the maximum building height shall be 90 feet. The building setback from North Allen Road shall be 40 feet, measured from the curb on the west side of North Allen Road.
The area from the eastern edge of the facade of the Mateer Building to an imaginary, north-south line that is either a continuation of the westernmost edge of the Moore Building or at a point 100 feet from and parallel to the facade of the Mateer Building, whichever is greater, shall be maintained as open space as defined in Section VI.B.4 of the UPD ordinance. Service access shall not be permitted on the western or northern sides of the building unless screened from view from all public rights-of-way following the buffer standards and requirements of Section XVIII.B of the UPD ordinance. Any service access shall be the minimum size necessary to provide access. No direct vehicular access will be permitted from this special zone to Park Avenue.
All building facades, service access areas, sound attenuation barriers, and roof lines shall receive equal consideration in design, architectural detailing, landscaping, and materials, particularly in locations where one or more building facades face adjoining areas in the community.
All roof areas that are visible from any public street shall be well integrated into the overall building design so as to obscure any view of mechanical and electrical equipment and other appurtenances. All heating, ventilation and air conditioning systems (HVAC) and other mechanical systems shall be:
Shielded from view from any public right-of-way by an architectural element(s), if mounted on the roof or other portion of the building.
Shielded from view from any public right-of-way by the building itself, if mounted on the ground.
All HVAC or other mechanical systems not fully enclosed within a building or which are enclosed within a building but exhaust directly to the exterior shall be equipped with sound attenuation barriers.
Operation of any HVAC or other mechanical system so as to produce a sound level pressure of 62 dBA at the nearest property line shall constitute a violation of this ordinance. Upon receipt of a notice of violation, the property owner shall have 60 days to modify the system or sound attenuation barrier, or take other action to bring the system into compliance.
Building facades facing any public right-of-way shall be landscaped following the buffer standards and requirements of Buffer Yard C in Section XVIII. B. of the UPD ordinance, unless the State College Design Review Board approves a less extensive landscape plan.
Any landscape material shown on the approved land development plan that dies shall be replaced in like kind or alternative approved by the Borough.
The second special zone is located along College Avenue, between Burrowes Road and Subdistrict 6, and has a depth of 250 feet from the District boundary. Within this zone the maximum height shall be 75 feet.
The third special zone is located in the area of the Centre Furnace near the intersection of College Avenue and Porter Road. The purpose of this zone is to preserve and enhance what remains of the Centre Furnace complex. Development in this zone will be limited to improvements directly related to the enhancement, protection or improved accessibility to the Centre Furnace complex.
A fourth special zone is established along Atherton Street starting where an imaginary line representing the extension of the southern building face of the Noll Laboratory intersects the eastern curb of Atherton Street. The zone extends south from the starting point 300 feet along the eastern curb of Atherton Street and is 40 feet wide measured from the curb in an easterly direction.
Within this zone, there shall be no setback applicable to any building or other structure bridging Atherton Street. All other buildings and structures are subject to the subdistrict's minimum setback requirement, 40 feet measured from the curb.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 1.0.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 55%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 45%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Park Avenue across non-University property in the Borough of State College, zoned "R-2," Residential, the minimum setback shall be 40 feet.
Where the Subdistrict adjoins Park Avenue across Subdistricts 7 and 9, the minimum setback shall be 40 feet.
Along the southern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College, no minimum setback shall apply.
Where the Subdistrict adjoins College Avenue across non-University property in the Borough of State College zoned "C," General Commercial, the minimum setback shall be 18 feet measured from the curb.
Where the Subdistrict adjoins Subdistrict 6 no minimum setback shall apply.
Where the Subdistrict adjoins College Avenue across Subdistrict 10, the minimum setback shall be 15 feet.
Along the eastern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Subdistricts 9 and 12 no minimum setback shall apply.
Where the Subdistrict adjoins or is bisected by University Drive, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "RO", Residential Office, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "C-1", General Commercial, the minimum setback shall be 50 feet.
Along the western boundary of the Subdistrict the following minimum setbacks shall apply:
From College Avenue to the northern tip of the Applied Research Laboratory, the minimum setback shall be 15 feet measured from the face of the curb on Atherton Street or from any common property line with non-University property.
From the northern tip of the Applied Research Laboratory to the southern edge of the special zone created for the Information Science and Technology Building, as described in Section 1240.a(5), the minimum setback shall be 40 feet measured from the face of the curb on Atherton Street.
From the northern edge of the special zone created for the Information Science and Technology Building, as described in Section 1240.a(5), to the southeast corner of the intersection of North Atherton Street and West Park Avenue, the minimum setback shall be 40 feet measured from the face of the curb on Atherton Street.
Surface parking lots are not permitted in the setback area.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. The following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 90 feet.
Along the northern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Park Avenue across non-University property in the Borough of State College zoned "R-2," Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins Park Avenue across Subdistricts 7 and 9, the maximum height shall be 90 feet.
Along the southern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins non-University property in the Borough of State College, the maximum height shall be 75 feet. Non-habitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Where the Subdistrict adjoins College Avenue across non-University property zoned "C," General Commercial, the maximum height shall be 45 feet, or four stories at the setback line and then to 75 feet at a point 18 feet behind the setback line, provided that no part of the building area above 45 feet will encroach into the plane created by a line drawn from the setback line at an elevation 45 feet above grade at the mid-point of the building to a point 75 feet above grade 18 feet behind the setback line at the mid-point of the building. Non-habitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Where the Subdistrict adjoins Subdistrict 6 the maximum height shall be 90 feet.
Where the Subdistrict adjoins College Avenue across Subdistrict 10, the maximum height shall be 65 feet at the setback line and then to 75 feet at a point six feet behind the setback line provided that no part of the building area above 65 feet will encroach into the plane created by a line drawn from the setback line at an elevation 65 feet above grade at the midpoint of the building to a point 75 feet above grade six feet behind the setback line at the midpoint of the building. Non-habitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Along the eastern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Subdistricts 9 and 12 the maximum height shall be 90 feet.
Where the Subdistrict adjoins or is bisected by University Drive, the maximum height shall be 90 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "C-1," General Commercial, the maximum height shall be 45 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "RO," Residential Office, the maximum height shall be 35 feet.
Along the western boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Atherton Street across non-University property zoned "C," General Commercial, the maximum height shall be 65 feet at the setback line and then to 75 feet at a point six feet behind the setback line, provided that no part of the building area above 65 feet will encroach into the plane created by a line drawn from the setback line at an elevation 65 feet above grade at the mid-point of the building to a point 75 feet above grade six feet behind the setback line at the mid-point of the building. Non-habitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Where the Subdistrict adjoins Atherton Street across Subdistricts 2 and 4, the maximum height shall be 65 feet at the setback line and then to 75 feet at a point six feet behind the setback line, provided that no part of the building area above 65 feet will encroach into the plane created by a line drawn from the setback line at an elevation 65 feet above grade at the mid-point of the building to a point 75 feet above grade six feet behind the setback line at the mid-point of the building. Non-habitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Any revision or alteration implemented by a municipality to the height regulations of a zoning district adjacent to this Subdistrict will automatically apply to this Subdistrict within 250 feet of where it adjoins that zoning district.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District:
Along the northern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Park Avenue across non-University property in the Borough of State College zoned "R-2," Residence, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins Park Avenue across Subdistricts 7 and 9, Buffer Yard B, Table 1 shall be required.
Along the southern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "C," General Commercial, Buffer Yard C, Table 1 shall be required.
Where the Subdistrict adjoins College Avenue across the Borough of State College property zoned "C," General Commercial, Buffer Yard C, Table 1 shall be required.
Where the Subdistrict adjoins Subdistrict 6 no buffer yard shall be required.
Where the Subdistrict adjoins College Avenue across Subdistrict 10, Buffer Yard B, Table 1 shall be required.
Along the eastern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Subdistricts 9 and 12 no buffer yard shall be required.
Where the Subdistrict adjoins or is bisected by University Drive, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in College Township zoned "C-1," General Commercial, Buffer Yard C, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in College Township zoned "RO," Residential Office, Buffer Yard C, Table 1 shall be required.
Along the western boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Atherton Street across the Borough of State College property zoned "C," General Commercial, Buffer Yard C, Table 1 shall be required.
Where the Subdistrict adjoins Atherton Street across Subdistricts 2 and 4, Buffer Yard "B" shall be required.
(7) 
Special Conditions. Within the transitional zone the following general uses will not be allowed:
Agricultural structures that house animals
Natatoriums and swimming pools
Playing fields and courts
Student residence halls and other student housing units (other than those already existing)
Student unions
(8) 
Utility Ixnstallation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.05.
(2) 
Specific Designated Use FAR. The following designated uses shall not exceed FAR criteria as specified herein:
Hotels, public lodging facilities shall not exceed 40% of the total allowable designated use FAR.
Restaurants open to the public shall not exceed 10% of the total allowable designated use FAR.
Retail sales and business or personal services shall not exceed 10% of the total allowable designated use FAR.
Any other permitted designated uses not specifically included in this list are allowed to the extent that the aggregate FAR of all permitted designated uses does not exceed the FAR specified in Section 1 above.
(3) 
Designated Uses Permitted in This Subdistrict.
Business services
Child care facilities
Clubhouses and community centers
Conference facilities
Financial offices
Fraternity and sorority houses
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Personal services
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Restaurants open to the public
Retail sales
Social or civic clubs
Telecommunications structures
Transportation facilities
Utility uses, facilities and structures
(4) 
Designated Uses Not Permitted in This Subdistrict.
Airport
Business offices
Business incubators
Commercial laboratories
Continuous care retirement community
Convocation/events centers, arenas
Fire training sites and facilities
Golf courses, including driving ranges with lighting
Heliport
Medical offices
Non-student housing
Retirement community
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Test tracks
Visitor centers

§ 19-1245 Subdistrict 6.

[Ord. 1593, 5/6/1999]
a. 
Description.
(1) 
Location. This Subdistrict is located in the central part of the University Park campus and is located in the Borough of State College.
(2) 
Size. This Subdistrict encompasses approximately 21 acres.
(3) 
Boundaries. Using College Avenue as the east-west direction, this Subdistrict is bounded on the north, east and west by Subdistrict 5 and on the south by College Avenue.
(4) 
General. This Subdistrict comprises the very center of the University Park campus and includes the areas around Old Main with its lawn, Schwab Auditorium and the Mall. The character of this Subdistrict will be preserved by strictly limiting any future development and keeping its park-like quality.
(5) 
Special and Transitional Zones. This Subdistrict has a special zone which includes the Mall and Old Main lawn. This zone includes an area that starts at the southeast corner of Sackett Building and follows the eastern facades of all buildings located on the west side of the Mall to the front of Pattee Library. From Pattee Library it continues to the northwest corner of Burrowes Building and follows the western facade of Burrowes, Old Botany and Schwab Auditorium. From there it connects with the northwest corner of Old Main and follows this building's perimeter to the southeast corner. From there it connects to the northwest corner of Henderson Building and follows the western facade to College Avenue. It then follows the north side of College Avenue to the starting point.
Within this zone, no new buildings or parking lots will be developed.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.3.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 25%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 85%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict, where it adjoins Subdistrict 5, no minimum setback shall apply.
Along the southern boundary of the Subdistrict, where it adjoins College Avenue, no setbacks are required since this boundary is within the special "no build" zone.
Along the eastern boundary of the Subdistrict, where it adjoins Subdistrict 5, no minimum setback shall apply.
Along the western boundary of the Subdistrict, where it adjoins Subdistrict 5, no setbacks are required since this boundary is within the special "no build" zone.
(5) 
Maximum Building Height. The following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 90 feet.
Along the northern boundary of the Subdistrict, where it adjoins Subdistrict 5, the maximum height shall be 90 feet.
Along the southern boundary of the Subdistrict, where it adjoins College Avenue, no height limitation is required since this boundary is within the special "no build" zone.
Along the eastern boundary of the Subdistrict, where it adjoins Subdistrict 5 the maximum height shall be 90 feet.
Along the western boundary of the Subdistrict, where it adjoins Subdistrict 5, no height limitation is required since this boundary is within the special "no build" zone.
(6) 
Buffering. No additional surface parking will be permitted to be built in this Subdistrict within 250 feet from the District boundary; therefore, no buffering standards are required.
(7) 
Special Conditions. In this Subdistrict the following general uses will not be allowed:
Agricultural structures that house animals.
Dining Halls
Natatoriums and swimming pools
Parking structures
Playing fields and courts
Student residence halls and other student housing units
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements. No designated uses shall be permitted in this Subdistrict.

§ 19-1250 Subdistrict 7.

[Ord. 1593, 5/6/1999]
a. 
Description.
(1) 
Location. This Subdistrict is located in the north-central part of the University Park campus. Parts of it are located in the Borough of State College, College, Ferguson and Patton Townships.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 395 acres.
(3) 
Boundaries. Using Park Avenue as the east-west direction, this Subdistrict is bounded on the north by non-University property in Ferguson and Patton Townships and the Mount Nittany Expressway; on the south by Park Avenue; on the east by Subdistricts 8, 9, and 11; and on the west by non-University property in the Borough of State College and Ferguson Township.
(4) 
General. This Subdistrict is envisioned as the site of a proposed arboretum with the southern section being more intensely developed while maintaining the majority of the rest mostly open.
Particular attention will be given to the interface with the residential neighborhoods and Sunset Park to the west and integration of the Schreyer House within this Subdistrict.
(5) 
Special and Transitional Zones. This Subdistrict has a transitional zone along its entire western edge and one along its northern edge where it adjoins Patton Township. These zones have a depth of 250 feet. This Subdistrict has two special zones:
The first one surrounding the Schreyer House. This zone starts at the intersection of the western property line of the Subdistrict with the north side of Ferguson Avenue and encompasses an area 400 feet to the east and 600 feet to the south. This zone allows the President's residence as a non-student housing use.
The second one encompasses an area delineated by the topographic elevation line 1,150 ft. and the boundaries of the Subdistrict where they intersect said line. It contains the low lying parts of the Big Hollow and within it development will be carefully controlled in regard to its potential impact on the ecology of the area.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.02.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 10%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 90%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-4", Multifamily Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Patton Township zoned "PC," Planned Community, the minimum setback shall be 75 feet.
Where the Subdistrict adjoins the Mount Nittany Expressway, the minimum setback shall be 100 feet.
Along the southern boundary of the Subdistrict, where it adjoins Park Avenue across Subdistrict 5, the minimum setback shall be 40 feet.
Along the eastern boundary of the Subdistrict, where it adjoins Subdistricts 8, 9, and 11, no minimum setback shall be required.
Along the western boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "C," General Commercial, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-2", Two Family Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-R", Rural Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins non-University property in State College Borough the minimum setback shall be 40 feet.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. The following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 45 feet.
Along the northern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-4", Multifamily Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in Patton Township zoned "PC," Planned Community, the maximum height shall be 60 feet.
Where the Subdistrict adjoins the Mount Nittany Expressway, the maximum height shall be 45 feet.
Along the southern boundary of the Subdistrict where it adjoins Park Avenue across Subdistrict 5, the maximum height shall be 45 feet.
Along the eastern boundary of the Subdistrict, where it adjoins Subdistricts 8, 9, and 11, the maximum height shall be 45 feet.
Along the western boundary of the Subdistrict, the maximum height shall be as follows:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "C," General Commercial, the maximum height shall be 45 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-2", Two-Family Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-R", Rural Residential, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in the Borough of State College, the maximum height shall be 40 feet.
Any revision or alteration implemented by a municipality to the height regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict within 250 feet of where it adjoins that zoning district.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District:
Along the northern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-4", Multifamily Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Patton Township zoned "PC," Planned Community, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins the Mount Nittany Expressway, Buffer Yard B, Table 1 shall be required.
Along the southern boundary of the Subdistrict, where it adjoins Park Avenue across Subdistrict 5, Buffer Yard B, Table 1 shall be required.
Along the eastern boundary of the Subdistrict, where it adjoins Subdistricts 11, 8 and 9, no buffer yard shall be required.
Along the western boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-1", Single Family Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "C," General Commercial, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-2", Two Family Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in Ferguson Township zoned "R-R", Rural Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-2," Residential, Buffer Yard D, Table 1 shall be required.
(7) 
Special Conditions. In this Subdistrict the following general uses will not be allowed:
Dining halls principally for students, faculty and staff
Student residence halls and other student housing units
Student unions
Within the transitional zones the following general uses will not be allowed:
Agricultural structures that house animals.
Auditoriums, gymnasiums
Classrooms
Instructional food services
Laboratories and other facilities for basic and/or applied research
Libraries
Museums, art galleries
Natatoriums and swimming pools
Observatories
Parking lots
Parking structures
Playing fields and courts
Radio and television studios for instructional purposes
Studios for instruction in music and other performing arts
University offices
Vehicular access to the following facilities in this Subdistrict will be limited to Bigler Road:
Auditoriums, gymnasiums
Parking structures
(8) 
Utility Installation Requirements. Electric, telecommunications, and television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.01.
(2) 
Designated Uses Permitted in This Subdistrict:
Conference facilities (vehicular access is restricted to Bigler Road)
Non-student housing (limited to President's residence)
Restaurants open to the public (only as accessory to another permitted use)
Retail sales (only as accessory to another permitted use)
(3) 
Designated Uses Not Permitted in This Subdistrict:
Airport
Business offices
Business incubators
Business services
Child care facilities
Clubhouses and community centers
Commercial laboratories
Continuous care retirement community
Convocation/events centers, arenas
Financial offices
Fire training sites and facilities
Fraternity and sorority houses
Golf courses, including driving ranges with lighting
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Medical offices
Personal services
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Retirement community
Social or civic clubs
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Telecommunications structures
Test tracks
Transportation facilities
Utility uses, facilities and structures
Visitor centers

§ 19-1255 Subdistrict 8.

[Ord. 1593, 5/6/1999]
a. 
Description.
(1) 
Location. This Subdistrict is located in the north-central part of the University Park campus within the boundaries of College Township.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 112 acres.
(3) 
Boundaries. This Subdistrict is completely surrounded by University property. Using Park Avenue as the east-west direction, this Subdistrict is bounded on the north by Big Hollow Road and Subdistricts 7 and 11; on the south by Services Road and Subdistrict 11; on the east by Subdistrict 11; and on the west by Subdistrict 7.
(4) 
General. This Subdistrict houses a concentration of university support activities. It is expected that it will continue to grow as a service area and will become one of the most densely developed areas on campus.
(5) 
Special and Transitional Zones. There are no special or transitional zones in this Subdistrict.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.5.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 60%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 40%.
(4) 
Setbacks. This Subdistrict has no minimum setbacks.
(5) 
Maximum Building Height. The maximum height in this Subdistrict shall be 90 feet.
(6) 
Buffering. No buffer yard requirements apply in this Subdistrict.
(7) 
Special Conditions. There are no special conditions in this Subdistrict.
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.5.
(2) 
Designated Uses Permitted in This Subdistrict:
Child care facilities
Restaurants open to the public (not to exceed 10,000 square feet)
Telecommunications structures
Transportation facilities
Utility uses, facilities and structures
(3) 
Designated Uses Not Permitted in This Subdistrict:
Airport
Business offices
Business incubators
Business services
Clubhouses and community centers
Commercial laboratories
Conference facilities
Continuous care retirement community
Convocation/events centers, arenas
Financial offices
Fire training sites and facilities
Fraternity and sorority houses
Golf courses, including driving ranges with lighting
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Medical offices
Non-student housing
Personal services
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Retail sales
Retirement community
Social or civic clubs
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Test tracks
Visitor centers

§ 19-1260 Subdistrict 9.

[Ord. 1593, 5/6/1999]
a. 
Description.
(1) 
Location. This Subdistrict is located on the eastern edge of the University Park campus core and it straddles the boundary between the Borough of State College and College Township.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 420 acres.
(3) 
Boundaries. Using Park Avenue as the east-west direction, this Subdistrict is bounded on the north by Services Road, University Drive, and Park Avenue; on the south by an irregular line separating it from Subdistrict 5; on the east by Orchard Road and non-University land in College Township; and on the west by an irregular line separating it from Subdistricts 5 and 7.
(4) 
General. This Subdistrict contains the majority of the indoor and outdoor athletic and recreational facilities of the University.
(5) 
Special and Transitional Zones. This Subdistrict has a transitional zone along its eastern boundary where it adjoins residential property in College Township. This zone has a depth of 250 feet.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.17.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 50%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 50%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Services Road no minimum setback shall apply.
Where the Subdistrict adjoins University Drive Extended across Subdistrict 11 no minimum setback shall apply.
Where the Subdistrict adjoins Park Avenue across Subdistrict 11, the minimum setback shall be 50 feet.
Along the southern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Subdistrict 5 no minimum setback shall apply.
Where the Subdistrict adjoins University Drive across Subdistrict 5, the minimum setback shall be 50 feet.
Along the eastern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Orchard Road no minimum setback shall apply.
Where the Subdistrict adjoins non-University property in College Township zoned "R-1", Single Family Residential, the minimum setback shall be 50 feet.
Along the western boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins Subdistrict 7 no minimum setback shall apply.
Where the Subdistrict adjoins Park Avenue across Subdistrict 5, the minimum setback shall be 40 feet.
Where the Subdistrict adjoins Subdistrict 5 other than along Park Avenue, no minimum setback shall apply.
Where the Subdistrict is bisected by University Drive the minimum setback shall be 50 feet.
Where the Subdistrict is bisected by Park Avenue the minimum setback shall be 50 feet.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. The following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 90 feet. (The existing Beaver Stadium and any future additions or renovations to it are exempted from any height restriction.)
Along the northern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Services Road the maximum height shall be 90 feet.
Where the Subdistrict adjoins University Drive the maximum height shall be 90 feet.
Where the Subdistrict adjoins Park Avenue across Subdistrict 11, the maximum height shall be 90 feet.
Along the southern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Subdistrict 5 the maximum height shall be 90 feet.
Where the Subdistrict adjoins University Drive across Subdistrict 5, the maximum height shall be 90 feet.
Along the eastern boundary of the Subdistrict the maximum height shall be as follows.
Where the Subdistrict adjoins Orchard Road the maximum height shall be 90 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "R-1," Single Family Residential, the maximum height shall be 35 feet.
Where the Subdistrict adjoins Subdistrict 12 the maximum height shall be 90 feet.
Along the western boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins Subdistrict 7 the maximum height shall be 90 feet.
Where the Subdistrict adjoins Park Avenue across Subdistrict 5, the maximum height shall be 90 feet.
Where the Subdistrict adjoins University Drive across Subdistrict 5 the maximum height shall be 90 feet.
Where the Subdistrict is bisected by Park Avenue the maximum height shall be 90 feet.
Where the Subdistrict is bisected by University Drive the maximum height shall be 90 feet.
Any revision or alteration implemented by a municipality to the height regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict within 250 feet of where it adjoins that zoning district.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District:
Along the northern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Services Road no buffer yard shall be required.
Where the Subdistrict adjoins University Drive across Subdistrict 11, no buffer yard shall be required.
Where the Subdistrict adjoins Park Avenue Buffer Yard B, Table 1 shall be required.
Along the southern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Subdistrict 5 no buffer yard shall be required.
Where the Subdistrict adjoins University Drive across Subdistrict 5, Buffer Yard B, Table 1 shall be required.
Along the eastern boundary of the Subdistrict the following buffer yards shall apply.
Where the Subdistrict adjoins Orchard Road no buffer yard shall be required.
Where the Subdistrict adjoins non-University property in College Township zoned "R-1," Single Family Residential, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins Subdistrict 12 no buffer yard shall be required.
Along the western boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins Subdistrict 7 no buffer yard shall be required.
Where the Subdistrict adjoins Park Avenue across Subdistrict 5 Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins Subdistrict 5 other than along Park Avenue no buffer yard shall be required.
Where the Subdistrict adjoins University Drive across Subdistrict 5 Buffer Yard B, Table 1 shall be required.
Where the Subdistrict is bisected by Park Avenue Buffer Yard B, Table 1 shall be required.
Where the Subdistrict is bisected by University Drive Buffer Yard B, Table 1 shall be required.
(7) 
Special Conditions. Within the transitional zone the following uses will not be allowed:
Agricultural structures that house animals.
Auditoriums, gymnasiums
Dining Halls
Instructional food services
Natatoriums and swimming pools
Parking structures
Playing fields and courts
Student residence halls and other student housing units
Student unions
Studios for instruction in music and other performing arts
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict shall be installed underground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.17.
(2) 
Designated Uses Permitted in This Subdistrict:
Childcare facilities
Convocation/events centers, arenas
Radio and television studios for broadcast to the public
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Telecommunications structures
Transportation facilities
Utility uses, facilities and structures
Visitor centers
(3) 
Designated Uses Not Permitted in This Subdistrict:
Airport
Business incubators
Business offices
Business services
Clubhouses and community centers
Commercial laboratories
Continuous care retirement community
Conference facilities
Fire training sites and facilities
Fraternity and sorority houses
Golf courses, including driving ranges with lighting
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Non-student housing
Pilot or prototype manufacturing
Places of worship
Professional, corporate, or government offices
Restaurants open to the public
Retail sales
Retirement community
Social or civic clubs
Test tracks

§ 19-1265 Subdistrict 10.

[Ord. 1593, 5/6/1999]
a. 
Description.
(1) 
Location. This Subdistrict is located in the southeastern part of the University Park campus. The majority of this Subdistrict is located in the Borough of State College with a small section on the eastern end of the Subdistrict located in College Township.
(2) 
Size. This Subdistrict encompasses within its boundaries approximately 37 acres.
(3) 
Boundaries. Using College Avenue as the east-west direction, this Subdistrict is bounded on the north by College Avenue; on the south by non-University property in the Borough of State College and College Township; on the east by non-University property in College Township; and on the west by University Drive.
(4) 
General. This Subdistrict contains the University's sewage treatment plant. Part of this area will be developed as an integral section of the Spring Creek Corridor and as such will remain very open.
(5) 
Special and Transitional Zones. This Subdistrict has a transitional zone on the higher elevation area at the end of Bellaire Avenue adjoining the R-1 District in College Township and the R2 District in the Borough of State College. This zone has a depth of 250 feet.
There is a special zone surrounding Thompson Run and the Duck Pond. Development in this zone will be restricted to facilities that have a functional connection with the Spring Creek Corridor and/or the Centre Furnace Historic area.
b. 
Physical Requirements.
(1) 
Maximum Permitted Density Based Upon the FAR for the Subdistrict. This Subdistrict shall have a maximum FAR of 0.15.
(2) 
Maximum Impervious Surface Coverage. This Subdistrict shall have a maximum impervious surface coverage of 25%.
(3) 
Minimum Open Space. The open space area of the Subdistrict shall not be less than 75%.
(4) 
Setbacks. The following minimum setbacks shall apply to new buildings and structures along the boundaries of the Subdistrict. These setbacks shall be applied from the right-of-way line in case of a street frontage or from the property line where no street exists, unless otherwise specifically noted:
Along the northern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins College Avenue across Subdistrict 5 the minimum setback shall be 15 feet measured from the curb.
Where the Subdistrict adjoins non-University property located in College Township zoned "UR," University Residential, the minimum setback shall be 50 feet.
Where the Subdistrict adjoins College Avenue across non-University property in College Township zoned "C-1," General Commercial, the minimum setback shall be 50 feet.
Along the southern boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-3", Residence, the minimum setback shall be 30 feet.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-2", Residence, the minimum setback shall be 40 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "R-1", Single Family Residential, the minimum setback shall be 50 feet.
Along the eastern boundary of the Subdistrict where it adjoins non-University property in College Township zoned "C-1," General Commercial, the minimum setback shall be 50 feet.
Along the western boundary of the Subdistrict the following minimum setbacks shall apply:
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "C", General Commercial, the minimum setback shall be 15 feet measured from the curb.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "PA", Public Activities, the minimum setback shall be 20 feet.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "R-2", Residence, the minimum setback shall be 40 feet.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "R-4", Residence, the minimum setback shall be 20 feet.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "PA", Public Activities, the minimum setback shall be 20 feet.
Any revision or alteration implemented by a municipality to the setback regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict where it adjoins that zoning district.
(5) 
Maximum Building Height. The following maximum height limitations shall apply to buildings and structures within 250 feet of the District boundary. The maximum height in areas of the Subdistrict located more than 250 feet from a District boundary shall be 90 feet.
Along the northern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins College Avenue across Subdistrict 5 the maximum height shall be 65 feet at the setback line and then to 75 feet at a point six feet behind the setback line provided that no part of the building area above 65 feet will encroach into the plane created by a line drawn from the setback line at an elevation 65 feet above grade at the midpoint of the building to a point 75 feet above grade six feet behind the setback line at the midpoint of the building. Nonhabitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Where the Subdistrict adjoins non-University property in College Township zoned "UR," University Residential, the maximum height shall be 45 feet.
Where the Subdistrict adjoins College Avenue across non-University property in College Township zoned "C-1," General Commercial, the maximum height shall be 45 feet.
Along the southern boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-3", Residence, the maximum height shall be 40 feet.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-2", Residence, the maximum height shall be 40 feet. Where the Subdistrict adjoins non-University property in College Township zoned "R-1," Single Family Residential, the maximum height shall be 35 feet.
Along the eastern boundary of the Subdistrict where it adjoins non-University property in College Township zoned "C-1," General Commercial, the maximum height shall be 45 feet.
Along the western boundary of the Subdistrict the maximum height shall be as follows:
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "C", General Commercial, the maximum height shall be 65 feet at the setback line and then to 75 feet at a point six feet behind the setback line provided that no part of the building area above 65 feet will encroach into the plane created by a line drawn from the setback line at an elevation 65 feet above grade at the midpoint of the building to a point 75 feet above grade six feet behind the setback line at the midpoint of the building. Nonhabitable sculptured roof areas designed to enclose mechanical equipment or to provide other design features shall not be considered when calculating building height provided overall building height does not exceed 85 feet.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "PA", Public Activities, the maximum height shall be 40 feet and shall be limited to a maximum of two stories.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "R-2", Residence, the maximum height shall be 40 feet.
Where the Subdistrict adjoins University Drive across non-University property in the Borough of State College zoned "R-4", Residence, the maximum height shall be 35 feet and shall be limited to a maximum of three stories.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "PA", Public Activities, the maximum height shall be 40 feet and shall be limited to a maximum of two stories.
Any revision or alteration implemented by a municipality to the height regulations of a zoning district adjacent to this Subdistrict, will automatically apply to this Subdistrict within 250 feet of where it adjoins that zoning district.
(6) 
Buffering. The following buffering requirements shall apply to all surface parking areas located within required setbacks at the perimeter of the District:
Along the northern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins College Avenue across Subdistrict 5 Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in College Township zoned "UR," University Residential, Buffer Yard C, Table 1 shall be required.
Where the Subdistrict adjoins College Avenue across non-University property in College Township zoned "C-1," General Commercial, Buffer Yard B, Table 1 shall be required.
Along the southern boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-3", Residence, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-2", Residence, Buffer Yard D, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in College Township zoned "R-1," Single Family Residential, Buffer Yard D, Table 1 shall be required.
Along the eastern boundary of the Subdistrict where it adjoins non-University property in College Township zoned "C," General Commercial, Buffer Yard B, Table 1 shall be required.
Along the western boundary of the Subdistrict the following buffer yards shall apply:
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "C", General Commercial, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-2", Residence, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "R-4", Residence, Buffer Yard B, Table 1 shall be required.
Where the Subdistrict adjoins non-University property in the Borough of State College zoned "P", Public, Buffer Yard B, Table 1 shall be required.
(7) 
Special Conditions. Within the transitional zone the following uses will not be allowed:
Agricultural structures that house animals
Auditoriums, gymnasiums
Dining halls
Instructional food services
Natatoriums and swimming pools
Parking structure
Playing fields
Student residence halls and other student housing units
Student unions
Studios for instruction in music and other performing arts
(8) 
Utility Installation Requirements. Electric, telecommunications, and cable television lines in this Subdistrict may be installed above ground.
c. 
Designated Use Requirements.
(1) 
Total Designated Use FAR. The total aggregate amount of designated uses in this Subdistrict shall not exceed an FAR of 0.15.
(2) 
Specific Designated Use FAR. The following designated uses shall not exceed FAR criteria as specified herein:
Business and personal services shall not exceed 5% of the total allowable designated use FAR.
Restaurants open to the public shall not exceed 5% of the total allowable designated use FAR.
Retail sales shall not exceed 5% of the total allowable designated use FAR.
Any other designated uses not specifically included in this list are permitted as long as the aggregate FAR of all designated uses does not exceed the FAR specified in paragraph 1 above.
(3) 
Designated Uses Permitted in This Subdistrict.
Business offices
Business services
Child care facilities
Clubhouses and community centers
Financial offices
Medical offices
Personal services
Professional, corporate, or government offices
Radio and television studios for broadcast to the public
Restaurants open to the public
Retail sales
Telecommunications structures
Transportation facilities
Utility uses, facilities and structures
(4) 
Designated Uses Not Permitted in This Subdistrict:
Airport
Business incubators
Commercial laboratories
Conference facilities
Continuous care retirement community
Convocation/events centers, arenas
Fire training sites and facilities
Fraternity and sorority houses
Golf courses, including driving ranges with lighting
Heliport
Hospitals/medical clinics
Hotels, inns, motels and other similar public lodging facilities
Non-student housing
Pilot or prototype manufacturing
Places of worship
Retirement community
Social or civic clubs
Stadiums with a seating capacity of 1,000 or less
Stadiums with a seating capacity of more than 1,000
Test tracks
Visitor centers

§ 19-1301 Use.

[Ord. 878, 9/9/1975]
In this district, the land may be used and structures may be erected, altered or enlarged for the following uses:
a. 
Uses of the Borough of State College.
b. 
Uses of municipal Authorities.

§ 19-1302 Lot Area, Width and Yards.

[Ord. 878, 9/9/1975]
No lot area, width or yards shall be required in this district.

§ 19-1303 Height.

[Ord. 878, 9/9/1975]
No height requirements shall be required in this district.

§ 19-1304 Use.

[Ord. 1326, 5/8/1991, Section 2; amended by Ord. 1410, 4/22/1993, Section 4]
In this district, public and/or private entities may use land only and may erect, alter or enlarge structures only for the following uses:
a. 
Private or Public Day or Resident Schools;
b. 
Day-care centers;
c. 
Parks and Recreational Facilities;
d. 
Community Centers;
e. 
Performing Arts Centers, Museums and/or Art Galleries, provided they are open to the general public;
f. 
Churches and Other Places of Religious Worship and Instruction;
g. 
Accessory Use (as prescribed in Part B of this chapter);
h. 
Required Off-Street Parking (as prescribed in Part H of this chapter, except as modified in this section);
i. 
Signs (as prescribed in Chapter XV of the Codification);
j. 
Public or Private Libraries, provided that no more than 5% of the gross floor area is used for on site retail sales; and,
k. 
Special Exceptions, as provided herein:
(1) 
Conversion of Existing School Buildings to:
Professional Office;
Medical/Dental Office;
Housing for the Elderly or Disabled;
Nursing Home; and/or
Personal Care Boarding Home.
(2) 
Public Parking Area.
(3) 
Off-site parking.
(4) 
Housing for the Elderly or Disabled.
l. 
Conditional Uses.
(1) 
Public Service Facilities.

§ 19-1305 Lot Area, Width, and Yards.

[Ord. 1326, 5/8/1991, Section 3]
Each lot in this District shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
Housing for the Elderly or Disabled (per unit): 5,000 square feet.
All other permitted uses: No minimum lot area.
b. 
Lot Width. Sufficient to provide side yard setbacks.
c. 
Front Yard Depth.
(1) 
When facing a District other than PA: same requirement as the front yard in the District faced. On a corner lot, the setback of the other yard abutting a street which is not designated as the front yard shall be 10 feet, if the building height is 20 feet or less. For each additional one foot of building height in excess of 20 feet, the setback shall be increased by 1-1/2 feet.
(2) 
When facing a PA District: 20 feet.
d. 
Side Yard Depth.
(1) 
When facing a District other than PA: same requirement as the side yard in the District faced.
(2) 
When facing a PA District: no requirement.
e. 
Rear Yard Depth.
(1) 
When facing a District other than PA: same requirement as the rear yard in the District faced.
(2) 
When facing a PA District: no requirement.
f. 
Play equipment at schools, parks or recreational facilities shall be exempt from side and rear yard setback requirements. Play equipment located closer to a side or rear property line than the required side or rear yard setback of the abutting zoning district shall be screened in accordance with the buffer yard requirements set forth in Section 1308 of this chapter.

§ 19-1306 Height.

[Ord. 1326, 5/8/1991, Section 4]
The maximum height of structures permitted in the PA zone shall be two stories, not to exceed 40 feet.

§ 19-1307 Parking Requirements.

[Ord. 1326, 5/8/1991, Section 5]
Except as provided for in Section 1310, parking shall be provided in accordance with Part H of this chapter.

§ 19-1308 Buffer Yards.

[Ord. 1326, 5/8/1991, Section 6]
Buffer yards are required when a lot zoned PA is adjacent to an R-1, R-2, R-3 or R-3B District and is used for one or more the following uses:
Clubhouse or Community Center
The entire length of all perimeter lot lines not abutting public rights-of-way shall contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of buildings and parking areas from residentially zoned districts. When abutting R-1 or R-2 zoned land, such screen shall be a minimum of 10 feet in depth; when abutting other residential zoning districts, such screen may be reduced to five feet in depth.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of perimeter length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences, or a combination thereof, may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material which dies shall be replaced.

§ 19-1309 Lot Coverage and Minimum Open Space.

[Ord. 1326, 5/8/1991, Section 7; amended by Ord. 1841, 4/4/2006, Section 12]
a. 
Lot coverage.
Fifty percent of a lot may be covered with buildings.
b. 
Open space.
Minimum Open Space (all uses): 30%.

§ 19-1310 Special Exceptions.

[Ord. 1326, 5/8/1991, Section 8; amended by Ord. 1410, 4/22/1993, Section 6]
Under the powers set forth in Sections 301 to 304 of this chapter, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days after public meeting, may authorize a permit as a special exception, subject to the conditions set forth, and any further reasonable conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and safeguard adjacent properties, for the following:
a. 
Conversion of Existing State College Area School District Buildings. Upon sale or other cessation of use by the State College Area School District, existing State College Area School District buildings may be converted to the following specific uses, subject to the terms and conditions set forth hereinunder:
Professional Office.
Medical/Dental Office.
Housing for the Elderly or Disabled Nursing Home.
Personal Care Boarding Home.
(1) 
Access. Access for professional and medical/dental offices, or clubhouse or community Center uses shall be restricted to collector or arterial streets, as identified in Part J of this chapter.
(2) 
Required Off-Street Parking. Except as provided for in this section, required off-street parking shall be provided in accordance with Part H of this chapter.
(a) 
Rear and side yard setbacks for parking areas adjacent to an R-1, R-2, R-3 or R-3B District shall be increased to 10 feet. This setback shall be planted in accordance with the buffer yard requirements stated in Section 1310.a(3), below.
(3) 
Buffer Yards. Buffer yards are required when a school building, located on a site adjacent to an R-1, R-2, R-3 or R-3B District, is converted to one or more the following uses:
Professional Office.
Medical/Dental Office.
Clubhouse or Community Center.
Housing for the Elderly and Disabled.
Nursing Home.
Personal Care Boarding Home.
The entire length of all perimeter lot lines not abutting public rights-of-way shall contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of buildings and parking areas from residentially zoned Districts. When abutting R-1- or R-2- zoned land, such screen shall be a minimum of 10 feet in depth; when abutting other residential zoning Districts, such screen may be reduced to five feet in depth.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of perimeter length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences, or a combination thereof, may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscape material. All required plant material which dies shall be replaced.
(4) 
Signs. One ground pole sign is permitted on each property. Such sign shall not exceed 12 square feet per sign face. No part of the sign or any supporting structure may exceed six feet in height. The base area of all ground pole signs shall be landscaped with shrubs and other living plant material.
Roof signs and projecting signs are prohibited.
Wall signs, other than directory signs or building name signs, are prohibited. Such wall signs may not exceed 25 square feet per directory sign. No more than one directory sign is permitted per building entrance. Internally illuminated signs are prohibited.
(5) 
Building Expansion. Any existing school building(s) converted to a non-school use, as provided for herein, may be expanded by up to 20% of the existing gross floor area at the time of the initial conversion to a non-school use subject to the following conditions:
(a) 
Height of the building expansion does not exceed the height of the existing structure;
(b) 
Design, materials and color of the building expansion match that of the existing building; and,
(c) 
Setbacks for non-dwellings are maintained.
(6) 
Configuration. Housing for the elderly or disabled may be configured as one-family dwellings, two-family dwellings, multiple-family dwellings, row dwellings or any combination thereof, as defined in Part B of this chapter.
(7) 
Land Development Plan Review. Prior to review by the Zoning Hearing Board, all applications for a special exception for the conversion of an existing school building shall be submitted to the Planning Commission and Design Review Board, as specified in Section 305 of this chapter. In making its report to the Zoning Hearing Board on the application, the Planning Commission may also include suggestions for modifications of the land development plan.
b. 
Public Parking Area. Subject to the terms and conditions set forth herein, public parking areas may be constructed and used in PA Districts.
(1) 
Location. Off-street parking areas designated as the principal use of the lot shall be located within 200 feet of the Central Business District, as defined in Part B of this chapter, and as measured from the closest property line of the lot zoned PA.
(2) 
Design. Except as provided for in this section, parking shall be designed in accordance with Part H of this chapter.
(a) 
The required front yard for off-street parking areas shall be seven feet. This yard shall be landscaped with perimeter planting, as prescribed in Section 2404.i, with the additional requirement that all shrubs used for screening must be of an evergreen variety and planted in such fashion as to provide a view-restrictive screen of the parking area.
(b) 
Rear and side yard setbacks for parking areas adjacent to an R-1, R-2, R-3 or R-3B District shall be increased to 10 feet. This setback shall be planted in accordance with the buffer yard requirements stated in Section 1308 of this chapter.
(c) 
Up to 60% of the total number of parking stalls may be designed for compact motor vehicles when standard stalls of 8.5 feet in width are used in combination.
(3) 
Land Development Plan Review. Prior to review by the Zoning Hearing Board, all applications for a special exception for the development of an off-street parking area shall be submitted to the Planning Commission and Design Review Board, as specified in Section 305 of this chapter. In making its report to the Zoning Hearing Board on the application, the Planning Commission may also include suggestions for modifications of the land development plan.
c. 
Off-Site Parking. All uses which are located in the PA District and which do not abut any land zoned R-1 or R-2 may provide all or part of the required parking on another lot, in accordance with the following standards:
(1) 
All lots used for off-site parking shall be zoned PA, R-O or C and not abut land zoned R-1 or R-2.
(2) 
All lots used for off-site parking shall be within 150 feet of the use which the off-site parking is intended and permitted to serve. The distance between lots shall be measured at the closest point between lot lines.
(3) 
All lots providing off-site parking shall be and shall remain in the same possession and ownership as the lot containing the use the off-site parking is intended to serve. On approval of the application for the special exception, the owner shall execute and record, in the Office of Recorder of Deeds of Centre County, an appropriate covenant applicable to both lots, the form and content thereof to be approved by the Planning Department prior to recording.
(4) 
The total number of parking spaces provided both on and off site shall not be less than the total number required by Part H of this chapter for the use served.
(5) 
Only one off-site lot may be used to provide all or part of the required parking for all the uses on any other lot.
(6) 
All off-site parking lots shall be developed in compliance with this Special Exception and Part H of this chapter.
d. 
Housing for the Elderly or Disabled. Except as specified below, housing projects for the elderly or disabled are permitted as a special exception, subject to the terms and conditions established in Section 607 of this chapter.
(1) 
Access. Access for public service facility uses shall be restricted to collector or arterial streets, as identified in Part J of this chapter.
(2) 
Age Restrictions. Residence housing for the elderly and disabled shall be limited to those persons aged 62 and over and their spouses and dependents and the non-elderly disabled.
(3) 
Configuration. Housing for the elderly or disabled may be configured as one-family dwellings, two-family dwellings, multiple-family dwellings, row dwellings or any combination thereof, as defined in Part B of this chapter.
(4) 
Administrative Review. All applications for a zoning permit under the provisions of this option must receive approval by the Zoning Hearing Board. Prior to review by the Zoning Hearing Board, all applications for a special exception for the development of housing for the elderly or disabled shall be submitted to the Planning Commission and Design Review Board, as specified in Section 305 of this chapter. In making its report to the Zoning Hearing Board on the application, the Planning Commission may also include suggestions for modifications of the land development plan.

§ 19-1311 Conditional Uses.

[Ord. 1326, 5/8/1991, Section 9]
In addition to complying with applicable criteria in Sections 1305 through 1309, Public Service Facilities, as specified below, may be permitted as conditional uses in the PA District, subject to the following additional criteria:
a. 
Public Service Facilities. Subject to the terms and conditions set forth hereinunder, any land or structure may be used as a facility for the management and/or distribution of utility services, including gas, electric, steam, water, sewerage, telephone, cable television and similar services; for the provision of municipal services, such as road maintenance, refuse collection, public transportation and public safety and emergency services; for governmental offices.
(1) 
Access. Access for public service facility uses shall be restricted to collector or arterial streets, as identified in Part J of this chapter.
(2) 
Parking. Except as provided for in this section, parking shall be provided in accordance with Part H of this chapter.
(a) 
Rear and side yard setbacks for parking areas adjacent to an R-1, R-2, R-3 or R-3B District shall be increased to 10 feet. This setback shall be planted in accordance with the buffer yard requirements, stated in Section 1311.a(3).
(b) 
Up to 60% of the total number of parking stalls may designed for compact motor vehicles when standard stalls of 8.5 feet in width are used in combination.
(3) 
Buffer Yards. Buffer yards, as specified herein, are required when a public service facility is located on a site adjacent to an R-1, R-2, R-3 or R-3B district:
The entire length of all perimeter lot lines not abutting public rights-of-way shall contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of buildings and parking areas from residentially zoned districts. When abutting R-1- or R-2-zoned land, such screen shall be a minimum of 10 feet in depth; when abutting other residential zoning districts, such screen may be reduced to five feet in depth.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of perimeter length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences, or a combination thereof, may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material which dies shall be replaced.
Bufferyard "A" Table
019 Bufferyard Table A.tif
Bufferyard "B" Table
019 Bufferyard Table B.tif
Bufferyard "C" Table
019 Bufferyard Table C.tif
(4) 
Public Service Facilities Application Procedures.
(a) 
All applications for Public Service Facilities in the PA District shall follow the application procedures provided for in Section 2205 of this chapter.
(b) 
A development plan for Public Service Facilities shall be submitted pursuant to the requirements of Section 305 of this chapter.
(5) 
Council Action. A Public Services Facilities use permit shall be issued when Council has determined that the provisions of this ordinance have been met or will be met upon reasonable evidence and plans as presented by the applicant in a Public Hearing, pursuant to Section 2205 of this chapter. In granting a Public Services Facilities use permit, Council may attach such reasonable conditions and safeguards, in addition to those specifically expressed in the ordinance, as it may deem necessary to implement the purposes of this ordinance.

§ 19-1313 Use.

[Ord. 1359, 1/30/1992, Section 2]
In this district, public and/or private entities may use land only and may erect, alter or enlarge structures only for the following uses, which shall be open to the public:
a. 
Parks and recreational facilities, including picnic areas and shelters; playgrounds and play equipment; swimming facilities; baseball, football, soccer and other playing fields; tennis and basketball courts; golf courses and driving ranges; bicycle paths or trails; amphitheaters; nature preserves; wildlife sanctuaries; arboretums; memorial parks (except cemeteries); public gardens; and food service uses compatible with above uses.
b. 
Accessory use (as prescribed in Part B of this chapter).
c. 
Required off-street parking (as prescribed in Part H of this chapter), except as modified in this section.
d. 
Signs (as prescribed in Chapter XV of the Codification).

§ 19-1314 Lot Area, Width, and Yards.

[Ord. 1359, 1/30/1992, Section 3]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot Area. All permitted uses: No minimum lot area.
b. 
Lot Width. Sufficient to provide side yard setbacks.
c. 
Front Yard Depth.
(1) 
When facing a District other than PARK or PA: same requirement as the front yard in the District faced. On a corner lot, the setback of the other yard abutting a street, which is not designated as the front yard, shall be 10 feet if the building height is 20 feet or less. For each additional one foot of building height in excess of 20 feet, the setback shall be increased by 1-1/2 feet.
(2) 
When facing a PARK or PA District: 20 feet.
d. 
Side Yard Depth.
(1) 
When facing a District other than PARK or PA: same requirement as the side yard requirement for non-dwellings in the district faced.
(2) 
When facing a PARK or PA District: no requirement.
e. 
Rear Yard Depth.
(1) 
When facing a District other than PARK or PA: same requirement as the rear yard in the district faced.
(2) 
When facing a PARK or PA District: no requirement.
f. 
Play equipment at parks or recreational facilities shall be exempt from side- and rear-yard setback requirements. Play equipment located closer to a side or rear property line than the required side- or rear-yard setback of the abutting zoning district shall be screened in accordance with the buffer yard requirements, set forth in Section 1308 of this chapter.

§ 19-1315 Height.

[Ord. 1359, 1/30/1992, Section 4]
The maximum height of structures permitted in the PARK zone shall be two stories, not to exceed 25 feet.

§ 19-1316 Parking Area Design Standards.

[Ord. 1359, 1/30/1992, Section 5]
Except as provided for in Section 1318, parking shall be provided in accordance with Part H of the Zoning Ordinance.

§ 19-1317 Lot Coverage.

[Ord. 1359, 1/30/1992, Section 7]
In the PARK District, lot coverage with impervious surfaces may not exceed the following:
Swimming pools and related facilities: 50%
All other uses: 20%

§ 19-1318 Off-Site Parking.

[Ord. 1359, 1/30/1992, Section 8]
Park and recreational facility uses which are located in the PARK zoning district may provide all or part of the required parking on another lot in accordance with the following standards:
a. 
All lots used for off-site parking shall be within 150 feet of the use for which the off-site parking is intended and permitted to serve. The distance between lots shall be measured as the closest point between lot lines.
b. 
All lots providing off-site parking shall be and shall remain in the same possession and ownership as the lot containing the use the off-site parking is intended to serve. On approval of the application for the special exception, the owner shall execute and record, in the Office of Recorder of Deeds of Centre County, an appropriate covenant applicable to both lots, the form and content thereof to be approved by the Planning Department prior to recording.
c. 
The total number of parking spaces provided both on- and off-site shall not be less than the total number required by the Zoning Ordinance for the use served.
d. 
Only one off-site lot may be used to provide all or part of the required parking for all the uses on any other lot.
e. 
All off-site parking lots shall be developed in compliance with Part H of this chapter, except as specified herein:
(1) 
Setbacks. Side- and rear-yard setbacks, when abutting R-1- or R-2-zoned land, shall be a minimum of 20 feet in depth; when abutting other residential zoning districts, such setbacks may be reduced to 10 feet in depth. Off-site parking areas are prohibited from front yards.
(2) 
Buffer Yards. Buffer yards, as specified herein, are required when an off-site parking lot is located on a site adjacent to an R-1, R-2, R-3 or R-3B District:
The entire length of all perimeter lot lines not abutting public rights-of-way shall contain a continuous view-restrictive screen at least six feet in height, designed to obscure the view of buildings and parking areas from residentially zoned districts. When abutting R-1- or R-2-zoned land, such screen shall be a minimum of 10 feet in depth; when abutting other residential zoning districts, such screen may be reduced to five feet in depth.
The screen's length shall be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be of evergreen plant material. A minimum of two canopy trees shall be planted for each 100 feet of perimeter length. All plant material shall be six feet in height at time of planting and placed to provide view restriction. Walls, earth mounds and fences, or a combination thereof, may be included with the plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration shall be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required plant material which dies shall be replaced.

§ 19-1319 Lighting.

[Ord. 1359, 1/30/1992, Section 9; amended by Ord. 1637, 10/5/2000, Section 3]
All lighting installations for outdoor play areas and courts shall comply with Part K of this chapter. Hours of light illumination at play areas and courts shall be specified by Council on a case-by-case basis.

§ 19-1401 Use.

[Ord. 559, 6/20/1959, Sections 901 and 905; amended by Ord. 578, 6/10/1960, Article IX; Ord. 752, 9/16/1969, Section 3; Ord. 929, 2/6/1978, Section 1; Ord. 962, 9/11/1979, Section 1(A); Ord. 1020, 2/6/1982, Section 1; Ord. 1056, 8/3/1983, Section 4; Ord. 1198, 2/8/1988, Section 13]
The following special regulations shall apply to the CP-1 district. No building may be erected or used and no lot may be used or occupied in the CP-1 district except for the following purposes and providing that building location and site plan has been approved in accordance with regulations herein set forth:
The regulations for planned districts are intended to pro-vide a means for the establishment of designated commercial and industrial use which will be so located and planned that such use, when deemed appropriate to the area, shall be developed with special provisions to minimize traffic hazards, provide adequate off-street parking and to protect neighboring residential areas. Planned districts shall be defined as CP-1, CP-2, MP and P-O districts.
a. 
Any use permitted in R-3 districts.
b. 
Professional Office or Studio.
c. 
Delicatessen store, dairy lunch or similar establishment for serving lunches and non-intoxicating beverages, but not including restaurants or cafes. Drive-in eating establishments, where patrons are served food through outdoor windows or counters or where food would be served outdoors, shall not be permitted.
d. 
Personal service shops, such as beauty parlor, shoe shine and barber shop.
e. 
Custom dressmaking, millinery and tailoring.
f. 
Shops or stores for the sale of books, non-intoxicating beverages, tobacco, confections, drugs, flowers, notions and sundry small household articles.
g. 
Accessory land use and buildings customarily incident to any of the above uses.
h. 
Off-street parking and unloading spaces.
i. 
Signs and name plates, when affixed flush with the front of the building and not extending above it.
j. 
The foregoing uses do not include and, therefore, exclude the sale of gasoline or motor fuels, the operation of an automotive service station and adult business uses, regardless of the provisions of Subsection g of this section.
k. 
The CP-1 district, to be known as "Neighborhood Store District," is intended to provide for limited commercial uses in residential neighborhoods.

§ 19-1402 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 904; amended by Ord. 578, 6/10/1960, Articles VIII and XII; Ord. 834, 12/4/1973, Section 1; Ord. 878, 9/9/1975; Ord. 941, 9/11/1978, Section 128; Ord. 943, 10/4/1978; Ord. 962, 9/12/1979, Section 1(D); Ord. 1020, 2/6/1982, Section 2; Ord. 1034, 12/10/1982, Section 9; Ord. 1219, 9/8/1988, Sections 1 and 2; Ord. 1537, 8/27/1997, Section 9; Ord. 1737, 2/5/2003, Sections 2 and 3.; Ord. 1841, 4/4/2006, Section 13.; Ord. 1899, 7/7/2008, Section 1 and 2]
All CP-1, districts shall be subject to the following regulations and to such subsequent regulations as are set forth for each district:
a. 
Lot Area. The minimum lot area per dwelling unit shall be not less than the area prescribed for R-3 districts for the CP-1 district, or the area prescribed for R-4 districts for the CP-2 and MP districts.
(1) 
CP-1 District.
One-family dwelling: 6,000 square feet.
Two-family dwelling: 9,000 square feet.
Multiple-family dwelling (per unit): 2,000 square feet.
Personal care boarding home for adults: large (per unit), 1,200 square feet; small, 6,000 square feet.
(2) 
CP-2 District.
One-family dwelling: 5,000 square feet.
Two-family dwelling: 8,000 square feet.
Multiple-family dwelling (per unit): 500 square feet.
Personal care home for adults: large (per unit), 500 square feet; small, 6,000 square feet.
b. 
Yards.
(1) 
Front. The minimum front yard depth shall be 30 feet.
(2) 
Side. Side yards for buildings used for dwelling purposes shall be not less than 10 feet. No side yards shall be required for buildings used for commercial or nonresidential purposes, except when abutting residential districts, in which case the side yard shall be not less than 40 feet.
Side yards for buildings in the P-O district shall be 20 feet.
(3) 
Rear. Rear yards in the CP-1, CP-2, MP and PO districts shall be not less than 40 feet when abutting residential districts and not less than 20 feet when abutting nonresidential districts, and shall remain unobstructed with buildings and structures.
(4) 
Perimeter Planting. Within the CP-2 and MP districts, all required front yards must be landscaped with living plant material in accordance with the provisions of Section 2404.i of this chapter. Special screening regulations along lot perimeter lines in the CP-1 district are found in Paragraph (6) of this Subsection.
(5) 
Parking Areas. Within the CP-1 and PO districts, off-street parking areas shall be set back a minimum of 10 feet from a side or rear property line when such line abuts an R-1-or R-2-zoned district or abuts an alley adjacent to an R-1- or R-2-zoned district. In no case shall parking be permitted in a front yard.
(6) 
Screening. For any commercial use within the CP-1 district, the following additional screening requirements are required along the lot's perimeter wherever it abuts an R-1- or R-2-zoned district or abuts a street or alley adjacent to an R-1- or R-2-zoned district:
The entire length of the perimeter lot line so described must contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of commercial buildings and parking areas from residentially-zoned districts. The screen's length must be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be evergreen material. All living screening must be at least six feet in height at time of planting and be spaced closely enough to provide for view restriction. Walls, earth mounds, fences, or any combination thereof, may be included with the living plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration should be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscape strip not occupied by other landscape material.
The foregoing regulations may be reduced to provide a view-restrictive screen equivalent to 50% off the length of the perimeter lot line whenever such lot line abuts an R-3-, R-3B- or R-4-zoned district or it abuts a street or alley adjacent to an R-3- or R-4-zoned district. The 50% requirement may not be met with a single continuous hedgerow; rather, the creation of special design effect by grouping trees, shrubs and other landscape features is encouraged.
(7) 
Design Standards. On all roofs which contain air-conditioning and other similar types of mechanical/electrical equipment, a view-restrictive screen, that is the same height above the roof as is the equipment, must be located around the perimeter of the roof. Such screen may consist of a decorative type fencing or mesh or may be an extension of the parapet. The screen's purpose is to hide the equipment from the view of a person standing at street level.
c. 
Open Space.
(1) 
CP-1 Districts. A maximum of 35% of the total lot area may be covered by buildings.
(2) 
CP-2 District. A minimum of 30% open space is required for all uses.
(3) 
MP District. A minimum of 25% open space is required for all uses.
(4) 
PO District. A maximum of 75% of a lot may be covered with impervious surfaces.

§ 19-1403 Height.

[Ord. 559, 6/20/1959, Section 905; amended by Ord. 834, 12/4/1973, Section 1; Ord. 878, 9/9/1975; Ord. 1466, 3/21/1995]
The maximum height permitted in this District shall be:
Buildings: 35 feet (not to exceed 3 stories).
All Other Structures: 35 feet except as provided for in Section 503.d(2).

§ 19-1405 Signs.

[Ord. 1032, 8/4/1982, Section 1; amended by Ord. 1219, 9/8/1988, Section 3; Ord. 1284, 7/10/1990, Section 11]
The addition, relocation or modification of any sign in a Planned District shall be reviewed by the Design Review Board. Specific regulations regarding signs in planned districts are found in Section 118.b of Chapter XV of this Codification. Additional regulations pertaining to height and ground pole signs in the CP-1 district are found n Chapter XV, Sections 106 and 112, respectively, of this Codification.

§ 19-1501 Use.

[Ord. 559, 6/20/1959, Section 1201.9; amended by Ord. 787, 8/31/1971, Section 1; Ord. 860, 10/8/1974, Section 2; Ord. 1056, 8/3/1983, Section 4; Ord. 1284, 7/10/1990, Section 12; Ord. 1549, 11/19/1997, Section 7]
The CP-2 district, to be known as a "Planned Commercial District," is intended to provide for commercial use along major highways and in designed shopping centers. Adequate access roads or driveways must be provided, and they shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. Additionally, large setbacks and special screening regulations (see Section 2404.i of this chapter) are required to provide open space with greenery along major highways. It is expressly intended that open space will provide aesthetic views through landscape planting and reduce congestion by moving development away from the street line. No building may be used or erected and no lot may be used or occupied in the CP-2 district, except for the following purposes:
a. 
Any use permitted in a CP-1 district;
b. 
Any use permitted in a C district, except the following uses are prohibited:
(1) 
Adult business use;
(2) 
Adult theaters;
(3) 
Telecommunications facilities.
c. 
Accessory land use and buildings customarily incidental to any of the above uses;
d. 
Signs in accordance with the provisions of this chapter and Chapter XV;
e. 
Exceptions and modifications to uses permitted:
(1) 
Motels only where frontage for such use is on a State highway;
(2) 
Automobile sales and service only where frontage is on a state highway;
(3) 
Motor-Vehicle-Oriented Business as a conditional use pursuant to Part F of this chapter;
(4) 
Bottled Beverage Distribution establishments as a use by right.

§ 19-1502 Lot Area, Width and Yards.

See Section 1402 of this chapter.

§ 19-1503 Height.

[Ord. 2055, 12/1/2014, Section 1]
The maximum height permitted in this District shall be:
a. 
Buildings: 35 feet (not to exceed three stories).
b. 
Buildings or portions thereof used for Public Schools: 55 feet (not to exceed four stories), except as provided for in Section 1503d. of this chapter.
c. 
All Other Structures: 35 feet except as provided for in Section 503.d(2).
d. 
Exceptions, Additions and Modifications to Height applicable I the CP-2 Zoning District:
(1) 
Public Schools may exceed the height limit by the following:
(a) 
Five feet for roof areas that occupy less than 75% of the building's roof area.
(b) 
Ten feet for roof areas that occupy less than 50% of the building's roof area.
(c) 
Fifteen feet for roof areas that occupy less than 25% of the building's roof area.

§ 19-1504 Site Plan.

As prescribed by Section 305 of this chapter.

§ 19-1505 Open Space.

See Section 1402 of this chapter.

§ 19-1506 Off-Site Parking.

[Ord. 1169, 2/5/1987, Section 3; amended by Ord. 1289, 8/14/1990, Section 3; Ord. 1476, 8/29/1995, Section 1; Ord. 1687, 11/21/2001, Section 2]
a. 
Off-Site Parking for Uses in the Commercial District. Off-site parking for uses located in the general commercial (C) district may be located in the Planned Commercial (CP-2) district, provided all criteria specified in Section 1807.f are met.
b. 
Off-site Parking for Uses in the CP-2, MP and PO Districts. All uses in the CP-2, MP and PO zoning districts may provide all or part of the required off-street parking on another lot in accordance with the following criteria:
(1) 
All lots providing off-site parking shall be located within CP-2, MP or P-O zones and shall be within 400 feet of the lot for which said parking is intended and permitted to serve. The distance between lots shall be measured as the closest point between lot lines; however, the width of street and alley rights-of-way shall be excluded from the measurement.
(2) 
Arterial streets shall not be located between lots providing off-site parking and the lot for which said parking is intended and permitted to serve except when a controlled pedestrian crossing is provided that is intended and designed to allow pedestrians to cross the arterial street without interference from vehicular traffic. The pedestrian crossing shall be located within 150 feet of the lot served by the off-site parking. Control may be effectuated by traffic signalization or by overpass or underpass of the pedestrian crossing.
(3) 
All off-site parking shall be and shall remain under the control of the owner or operator of the use which the off-site parking is intended to serve. On approval of a land development plan which relies on off-site parking to provide all or a portion of the required parking, the owner or operator of the said use shall execute and, where appropriate, record, in the Office of the Recorder of Deeds of Centre County, an appropriate covenant, deed, lease or other binding agreement that guarantees the availability of the off-site parking for the use or uses it is intended to serve. Said covenant, deed, lease or other binding agreement shall be approved by the Planning Department and noted on the land development plan prior to the recording of said land development plan.
(4) 
The number of parking spaces provided in combination through on and off-site parking shall not be less than the sum of spaces required by this ordinance for the use.
(5) 
Application for a zoning permit for a use which will be served by off-site parking shall include a development plan, pursuant to Section 305 of this chapter, for both the lot containing the use and the lot on which the related off-site parking will be located. Expansion of a use served by off-site parking which requires additional parking shall be accompanied by a new development plan showing the additional off-street parking.

§ 19-1510 Purpose.

[Ord. 2013, 3/18/2013]
The CP-3 district, to be known as a "Planned Commercial District," is intended to preserve neighborhood-scaled commercial uses and to promote new commercial developments in mixed-use neighborhood centers. Commercial activity in this district should be oriented along arterial and collector streets and encouraged in designed shopping centers rather than stand-alone structures, for the purpose of accommodating the commercial needs of nearby consumer concentrations. Orientation of commercial uses in this district should accommodate all forms of transportation, with a focus on providing a pedestrian-oriented mix of uses. Adequate access roads or driveways must be provided, and they shall be designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. Standards for site and building performance promote an accessible mix of uses that provide an active focal point for nearby users.

§ 19-1511 Use.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Buildings and lots in the CP-3 district may be used for the following purposes:
a. 
Any use permitted in the C-Commercial District, Section 1801 of this Chapter, except for the following:
(1) 
Junkyards, which includes storage of vehicles and vehicle parts for more than 35 days.
(2) 
Adult Businesses and Theaters.
(3) 
Telecommunications facilities.
b. 
Accessory land uses and buildings customarily incident to any of the permitted uses.
c. 
Mixed Use, subject to the following requirements:
(1) 
Any new mixed-use development or redevelopment that does not contain residential uses is not subject to the mixed use requirements, but must adhere to the provisions in Sections 1511.c.2.(b) - 15.11.c.2.(c), 1511.c.3, 1512-1518, and 1520.
(2) 
Any new mixed-use development or redevelopment of an existing site containing residential uses, on which 1) a new building or buildings are constructed (regardless of size of gross floor area); or 2) the footprint(s) of the existing structure(s) is(are) altered, or additional stories are added to existing structure(s) in a manner which expands the gross floor area by at least 20,000 square feet, must adhere to the following provisions:
(a) 
Residential uses are prohibited on the ground floor of any structure.
(b) 
Individual retail commercial uses may not exceed 70,000 square feet.
(c) 
Individual non-retail commercial uses may not exceed 35,000 square feet.
(d) 
No more than 70% of the gross floor area may be dedicated to residential uses.
(i) 
Private amenity areas that are restricted to residents and their guests must be counted as part of the residential floor area when determining compliance with this subsection. Amenity areas that are open to the general public shall not be deemed a residential use and shall be counted as nonresidential GFA.
(e) 
For purposes of Mixed-Use developments, "residential uses" shall include only the total area of residential dwelling units and common areas and amenities only available to residents and their guests within the Mixed-Use building. Parking areas serving the Mixed-Use development shall not be considered part of the residential use area.
(3) 
Any new development or renovation of an existing site within this district must adhere to the following regulations:
(a) 
Nonconforming lots. Mixed-use requirements are not applicable for lots smaller than 14,000 square feet that were platted prior to the current minimum lot size. These lots may be developed according to Section 502.f.
(b) 
Parking is not permitted within a building within the first 50 feet of a building's exterior wall as measured perpendicularly to any adjacent public street.
(c) 
Hotels and Motels are permitted in this district if the ground floor of any structure containing guest rooms is used for guest check-in, retail and other commercial uses. No guest rooms shall be located on the ground floor.
(d) 
Additional permitted uses. The following additional uses are permitted in this district:
(i) 
Automobile Sales, provided they have frontage on a State Highway.

§ 19-1512 Lot Area, Width and Yards.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Each lot in this district must comply with the following requirements except as otherwise noted.
a. 
Lot area.
Minimum lot area for all uses (including multiple-family dwellings): 14,000 square feet.
Minimum lot area for multiple-family dwelling units (per dwelling unit):
Two bedrooms or less: 1,750 square feet.
Three or more bedrooms: 3,500 square feet.
Lots held under common ownership, and which are adjacent to one another, may be developed as one lot.
Minimum yard area will only apply to portions of lots that are not abutting a lot being collectively developed under common ownership. Such adjacent lots shall be consolidated into a single lot prior to recording of the plan or issuance of a zoning permit. Requirements for mixed use, parking and open space do not apply to each lot individually, but rather in aggregate for all lots that are developed collectively.
Lots that exist at the effective date of this ordinance that do not meet the minimum lot area requirement are not subject to the mixed-use requirements of Section 1511.c. and can be developed according to Section 502.f.
b. 
Yards.
(1) 
Front yard depth.
20 feet min. to 40 feet max.
(2) 
Side yard depth.
Any use abutting Residential Districts: 40 feet.
Any use abutting All Other Districts: 10 feet.
(3) 
Rear yard depth.
Any use abutting Residential Districts 40 feet.
Any use abutting All Other Districts: 20 feet.
(4) 
Front Yard Screening. All required front yards must be improved with living plant material and hardscape components in accordance with the all the provisions of Section 2404.i of this Chapter applying to perimeter parking. Special screening regulations along lot perimeter lines in the CP-3 district are found in Paragraph (5) of this subsection.
(5) 
Side and Rear Yard Screening. For any nonresidential or mixed-use site, the following additional screening requirements are required along the lot's side and rear yards wherever it abuts an R-1 or R-2 district, or any alley.
The entire length of the perimeter lot line so described must contain a continuous, view-restrictive screen at least six feet in height designed to obscure the view of commercial buildings and parking areas from residentially-zoned districts. The entire length of the screen must be comprised of trees, shrubs, or a combination thereof. A minimum of 50% of the screen's length shall be evergreen material. All living screening must be at least six feet in height at the time of planting and be spaced closely enough to provide for view restriction. Walls, earth mounds, fences, or any combination thereof, may be included with the living plant material to complement and provide a variety to the screen but may not be exclusively used for screening. Special consideration should be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscape strip not occupied by other landscape materials.
(6) 
Whenever the lot's perimeter abuts R-3, R-3B or R-4, or abuts a street or alley adjacent to R-3, R-3B or R-4 zoning district, the foregoing regulations may be reduced to provide a view-restrictive screen equivalent to 50% of the length of the perimeter. The 50% requirement may not be met with a single continuous hedgerow; rather, the creation of a special design effect by grouping or staggering of trees, shrubs and other landscape features is encouraged.
(7) 
Design Standards. On all roofs which contain air-conditioning and other similar types of mechanical/electrical equipment, a view-restrictive screen, that is the same height above the roof as the equipment, must be located around the perimeter of the roof. Such screen may consist of a solid decorative type fencing or panels or may be an extension of the parapet. The screen's purpose is to hide the equipment from the view of a person standing at street level.

§ 19-1513 Height.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
The maximum height permitted in this District shall be:
Buildings: 35 feet (not to exceed three stories), except as permitted through the use of incentives specified in § 19-1518, Incentives.
All other structures: 35 feet.

§ 19-1514 Open Space.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
The purpose of providing open space within this district is to 1) assist in stormwater management on developed sites; 2) assist in providing a buffer between onsite uses and adjacent properties; and 3) provide active social and recreational spaces for the site's users. Open space requirements for stormwater management can be met through such treatments as yards, landscaped areas, rain gardens, bio-retention areas, green roofs, and other vegetated areas. Open space requirements for social activity can be met through paved or unpaved areas that include plazas, seating areas, recreational areas or other vegetative or hardscape treatments that have a clearly developed program that encourages gathering and communal activity. In order to achieve these purposes, the following requirements for open space in this district apply:
a. 
Open space required: 30% of the lot.
b. 
Required open space improvements:
(1) 
At least 10% of the required open space must be improved for use as a public space. Improvements can be made through the use of vegetation or hardscape materials and should include features that encourage socialization and communal activity for both the residents of the site and visiting users. This space should be located on the site in such a way that it is accessible to the site's visitors from the on-site pathways and should be in addition to hardscape materials that are used for sidewalks.
(2) 
Improved areas that are treated with hardscapes, including areas such as sidewalks and plazas, can be used to meet the required open space as long as the gross land area of hardscape does not exceed 25% of the required open space. Features can include fixtures such as picnic shelters, tables and/or benches, gazebos, fountains, playground equipment, etc. Improved areas should also include ornamental lighting and refuse containers, if necessary.
(3) 
Improved areas must be indicated on the land development plan, reviewed by the Design Review Board and Planning Commission, and approved by Planning Staff.

§ 19-1515 Parking.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
On-Site Vehicular Parking. As prescribed by Part H of this chapter except for the following provisions:
(1) 
For mixed-use buildings exceeding 100,000 square feet, the first 30,000 square feet of commercial space is exempt from any parking requirements. Parking for the remainder is calculated at one space per 300 square feet of gross floor area that is devoted to commercial uses.
(2) 
For mixed-use buildings, parking requirements for residential units should be 1.5 spaces for 1-2 bedroom units, and two (2) spaces for three (3) or more bedroom units.
(3) 
Vehicular parking not to exceed minimum required by Part H of this chapter by more than 10%.
(4) 
Incentives for parking reduction per Section 1518.
b. 
On-Site Bicycle Parking. For developed sites within CP-3 districts, the following provisions for minimum bicycle spaces shall apply:
(1) 
Multiple-family dwellings: one space per every three dwelling units.
(2) 
Mixed-Use sites.
(a) 
GFA <7,500 square feet: not required.
(b) 
GFA 7,501-20,000 square feet: two spaces.
(c) 
GFA >20,001 square feet: one space per 10,000 square feet.
(3) 
All bicycle parking should be installed on sites in conformance with the front yard requirements. All bicycle parking should be located such that it is easily accessible from building entrances, visible from bicycle access routes and well lit for users' safety.

§ 19-1516 Pedestrian-Oriented Design.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Pedestrian-oriented design shall be applied to all portions of a building's ground-floor street frontage(s). This includes treatments such as architectural details, awnings, signs, large front windows and other features that will create an attractive and comfortable neighborhood retail environment for all users. At least 50% of the ground floor exterior wall facing a street shall be devoted to windows affording pedestrian view into the interior commercial space.

§ 19-1517 Signs.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
Signs and name places are permitted, when affixed flush with the front of the building and not extending above it. The addition, relocation or modification of any sign in a Planned District shall be reviewed by the Design Review Board. Specific regulations regarding signs in planned districts are found in Section 118.b of Chapter XV of this Codification. One freestanding sign is permitted per lot, or lots held in common ownership, to identify the mixed-use development and to be used as the directory sign for multiple businesses in mixed-use developments.

§ 19-1518 Incentives.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
Purpose. The purpose and intent of these incentives is to promote owner-occupied housing, increased public amenities, energy efficient building design and construction, and superior building design in the CP-3 Zoning District.
b. 
Description of Incentives. All of the incentives listed in Table 1 are described in detail in this subsection. In order for the incentive to qualify for a bonus, the incentive shall meet or exceed the criteria described in the following Table 1.
Table 1: Incentives/Bonus Schedule
(Each Incentive shall be eligible to Earn One or More Bonuses)
Incentives (Building)
Bonus - Increase in Building Height
Bonus - Increase in Density for Residential Uses
Bonus - Reduction in Required Parking
Green Roof
None
5%
10% reduction in required parking
Structured Parking behind Primary Buildings or Underground
1 story (not to exceed 10 additional feet)
10%
Each underground or structure parking space = 1.25 spaces in a surface lot
Owner Occupied*
1 story (not to exceed 10 additional feet)
20%
30%
*
See Section 1519
(1) 
Green Roof. Green roofs are a structural veneer of vegetation and soil or other media, usually 3.5 inches to four inches in depth, that help mitigate the effects of urbanization on water quality by filtering, absorbing or detaining rainfall. The soil and specialized mix of plants that comprise a green roof are tolerant of the harsh temperature and other conditions of a rooftop, can tolerate short periods of inundation from storm events and typically require minimal maintenance. These systems help remove pollutants from entering the storm sewer system and can help reduce the stormwater runoff volume and peak discharge rates.
Engineering plans for the green roof must demonstrate the design's ability to appropriately accommodate a stormwater capacity equal to the first one inch of summer rainfall. Engineering plans must also demonstrate a building design that can accommodate the additional roof load. The roof shall be properly maintained over time in order to retain its efficiency.
In order to qualify for the bonuses in Table 1, at least 50% of the roof area must be a green roof. A 10% reduction in the required surface parking and a 5% density bonus for residential uses can result from the installation of a green roof. Additionally, up to 50% of the surface area of the green roof can be utilized to achieve the required open space for the site.
(2) 
Structured Parking. Parking at street level reduces opportunities to utilize this valuable space for activities that increase street life. Locating parking in parking structures expands the total land available for development. To qualify for the Increase in Building Height and Reduction in Parking bonuses, a minimum of 75% of the parking spaces must be provided in an onsite parking structure.
(3) 
Owner-Occupied Residential. Owner-Occupied residential refers to dwelling units that are the primary and exclusive residence of the legal or beneficial owner at least 240 days per year. To qualify for this bonus, 100% of the residential units proposed must be designated as owner-occupied. Any project pursuing designation as an owner-occupied residential project must establish a homeowners or condominium association and incorporate appropriate provisions in its association and by-laws to ensure that the use of the property is for owner-occupied dwellings, including limitations on leasing units. The by-laws of the homeowners or condominium association shall grant the authority for enforcing the owner-occupied covenant to the Borough of State College. Changes to the by-laws that will affect the occupancy covenant must be approved by the Borough of State College. Legal costs accrued as a result of a conflict in an occupancy covenant must be borne by the homeowners or condominium association.
c. 
Maximum Bonus. The following height, residential FAR and reduction in required parking shall not be exceeded regardless of the number of incentives provided:
Maximum building height: 45 feet.*
*
No more than one (1) additional story is permitted, regardless of the combination of incentives achieved.
Maximum total residential density bonus: 30%.
Maximum total reduction in required parking: 30%.

§ 19-1519 Covenants with the Borough for Bonuses.

[Ord. 2013, 3/18/2013; as amended by Ord. No. 2183, 6/6/2022]
a. 
Purpose. To assure continuation of amenities, housing or uses provided in a project to qualify for bonuses, the property owner must execute a covenant with the Borough of State College. The covenant is required prior to issuance of the building's occupancy permit and is made in consideration of allowing addition building stories or increased floor area above the base zoning or a reduction in parking based on the incentive/bonus scheme under Section 1518.
b. 
Requirements. The covenant must run with the land and be attached to the land. In the event the property owner fails to abide by the covenant, the Borough shall be empowered to terminate occupancy of the building and to obtain injunctive relief in a court of competent jurisdiction enjoining further occupancy of the building while the violation of the covenant occurs. All covenants must be approved in form by the Borough Solicitor and be recorded with Centre County Recorder of Deeds and referenced on the recorded land development plan. Covenants shall be recorded prior to building occupancy and shall specify that the landowner will comply with all approval conditions applicable to the incentive and bonus provisions under which the land development plan was approved.

§ 19-1520 Development Plan.

[Ord. 2013, 3/18/2013]
As prescribed by Section 305 of this chapter.

§ 19-1601 Use.

[Ord. 559, 6/20/1959, Sections 903 and 907; amended by Ord. 578, 6/10/1960, Article X; Ord. 807, 4/30/1972; Ord. 1056, 8/3/1983, Section 4]
The following special regulations shall apply to the MP district. No building may be erected or used and no lot may be used or occupied in the MP district, except for the following purposes and providing that building location and site plan has been approved in accordance with regulations set forth:
a. 
All uses permitted in CP and C districts, except that residences may only be constructed subject to Section 1601.k, and except:
(1) 
Adult Business Use.
(2) 
Adult Theater.
b. 
Assembly of electrical appliances, scientific and technical equipment and devices including the manufacture of small parts only (such as coils, condensers and the like).
c. 
Bottling and distribution plant, cold storage or catering establishment.
d. 
Manufacturing, processing and packaging products (such as bakery goods, candy, cosmetics, dairy products, toiletries, food products and drugs).
e. 
Manufacture of small precision instruments and novelties.
f. 
Storage building or warehouse.
g. 
Other similar uses of the above general character.
h. 
Accessory buildings and use customarily incident to the above use on the same lot.
i. 
Off-street parking and loading space.
j. 
Signs in accordance with the provisions of this ordinance and any ordinance pertaining thereto.
k. 
Dwellings for caretakers and supervisory or maintenance personnel.
l. 
Any limited light industry, when conducted wholly within an enclosed building or, in the case of outside storage, entirely within a solid wall or fence, providing such uses are such that:
(1) 
No explosive materials or processes are involved, or special fire hazards are created.
(2) 
No smoke, fumes, odors, dust, noise, vibration, glaring light are noticeable from outside any lot in this district.
m. 
The MP district, to be known as "Light Industrial District," is intended to provide a means for the establishment of certain types of commercial and light industrial use.
n. 
Exceptions, Additions and Modifications to Use. See Section 1401 of this chapter.

§ 19-1602 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 908]
See Section 1402 of this chapter. In addition to side yard requirements, as provided for in Section 1402 of this chapter, side yards not less than 20 feet in depth shall be provided on all properties used for industrial purposes.

§ 19-1603 Height.

See Section 1403 of this chapter.

§ 19-1604 Open Space.

See Section 1402 of this chapter.

§ 19-1605 Off-Site Parking.

[Ord. 1476, 8/29/1995, Section 2]
See Section 1506.b of this chapter.

§ 19-1701 Use.

[Ord. 962, 9/11/1979, Sections 1(c) and 1(e); amended by Ord. 1410, 4/22/1993, Section 7; Ord. 1737, 2/5/2003, Section 1]
The following special regulations shall apply to the P-O district. Office uses developed in the CP-2 district, under approved agreement of development conditions with the Municipality, shall continue to adhere to such conditions in the P-O district. No building may be erected or used and no lot may be used or occupied in the P-O district except for the following purposes and providing that building location and site plan has been approved in accordance with the regulations set forth:
a. 
Offices for medical and related offices of chiropody, chiropractic, dentistry, medical optical, optometric, osteopathic, offices for lawyer, accountant, architect, engineer, minister, insurance, real estate, brokerage, landscape architect and all other offices which are similar to listed uses in function, traffic-generating and attraction capacities. No uses shall be allowed that creates a nuisance due to noise, glare, smoke, vibration or other nuisance factors to the office character of the district.
b. 
Church.
c. 
Public Schools.

§ 19-1702 Lot Area, Width and Yards.

See Section 1402 of this chapter.

§ 19-1703 Height.

[Ord. 1843, 4/4/2006, Section 2]
The maximum height of buildings and other structures shall be:
a. 
Buildings or portions thereof used for Public schools: 55 feet (not to exceed three stories), except as provided for in Section 1703.d of this chapter.
b. 
Buildings or portions thereof use for all other uses: 35 feet (not to exceed three stories).
c. 
All other structures: 35 feet, except as provided for in Section 503.d(2).
d. 
Exceptions, Additions and Modification to Height applicable in the P-O zoning district:
(1) 
Public Schools and Churches may exceed the height limit by the following:
(a) 
Five feet for roof areas that occupy less than 75% of the building's roof area.
(b) 
Ten feet for roof areas that occupy less than 50% of the building's roof area.
(c) 
Fifteen feet for roof areas that occupy less than 25% of the building's roof area.

§ 19-1704 Open Space.

See Section 1402 of this chapter.

§ 19-1705 Off-Site Parking.

[Ord. 1476, 8/29/1995, Section 3]
See Section 1506.b of this chapter.

§ 19-1706 Screening.

[Ord. 1737, 2/5/2003, Section 4]
For any nonresidential use within the PO district, the following additional screening requirements are required along the lot's perimeter wherever it abuts an R-1- or R-2-zoned district or abuts a street or alley adjacent to an R-1- or R-2-zoned district:
The entire length of the perimeter lot line so described must contain a continuous, view- restrictive screen at least six feet in height designed to obscure the view of commercial buildings and parking areas from residentially-zoned districts. The screen's length must be comprised of trees, shrubs or a combination thereof. A minimum of 50% of the screen's length shall be evergreen material. All living screening must be at least six feet in height at time of planting and be spaced closely enough to provide for view restriction. Walls, earth mounds, fences, or any combination thereof, may be included with the living plant material to complement and provide variety to the screen but may not be exclusively used for screening. Special consideration should be given to form, color, texture, density, growth habits and maintenance requirements. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscape strip not occupied by other landscape material.
The foregoing regulations may be reduced to provide a view-restrictive screen equivalent to 50% off the length of the perimeter lot line whenever such lot line abuts an R-3-, R-3B- or R-4-zoned district or it abuts a street or alley adjacent to an R-3- or R-4-zoned district. The 50% requirement may not be met with a single continuous hedgerow; rather, the creation of special design effect by grouping trees, shrubs and other landscape features is encouraged.

§ 19-1801 Use.

[Ord. 559, 6/20/1959, Section 1001; amended by Ord. 578, 6/10/1960, Article II; Ord. 807, 4/30/1972; Ord. 822, 4/5/1972, Section 1; Ord. 834, 12/4/1973, Section 3; Ord. 838, 12/21/1973, Section 3; Ord. 1087, 9/20/1984, Section 1; Ord. 1198, 2/8/1988, Section 18; Ord. 1289, 8/14/1990, Section 4; Ord. 1449, 9/8/1994, Section 2]
Land and structures may be used for any purpose except the following:
a. 
Any use where incineration, rendering or refining processes are involved or where special fire hazards are created.
b. 
All industrial, assembly and manufacturing uses or the production of any goods, materials or merchandise, except those that are incidental to office, retail or service uses and such incidental uses that occur at the same premises where the office, retail or services uses are located.
c. 
Automobile wrecking yard.
d. 
Blacksmith or horse shoeing shop.
e. 
Coal or coke storage.
f. 
Contractor's shop, warehouse or material storage, except during the course of building construction.
g. 
Lumber yards, saw, planing or woodworking mills.
h. 
Bottling or distribution plant.
i. 
Stone or monument works.
j. 
And, in general, all those uses which may be obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise.

§ 19-1802 Exceptions and Modifications to Permitted Uses.

[Ord. 1289, 8/14/1990, Section 5; amended by Ord. 1318, 3/14/1991, Sections 1 and 2; Ord. 1570, 7/24/1998; Ord. 1692, 1/9/2002. Ord. 1876, 8/6/2007, Section 1; Ord. 2063, 10/12/2015, Section 1]
a. 
Automobile sales, service and repair are not permitted unless:
(1) 
Service and repair activities shall be conducted within an enclosed building;
(2) 
All service and repair shall be conducted within not less than 30 feet from the front of the building;
(3) 
There shall be no openings toward adjoining R districts in the walls of the building housing the service and repairs.
b. 
In-lieu parking is permitted as a special exception.
c. 
Signs are permitted, as prescribed in Chapter XV of this Codification.
d. 
Motor-vehicle-oriented businesses are permitted as a conditional use.
e. 
Housing for elderly persons are permitted as a special exception, as set forth in Section 1007.c of this chapter.
f. 
Adult business uses are permitted as a conditional use.
g. 
Pedestrian-Oriented Uses:
(1) 
Definitions:
(a) 
Pedestrian-Oriented Uses. Are uses that stimulate pedestrian activities by being sidewalk-oriented and physically and visually accessible to pedestrians who are on the sidewalk. Pedestrian-oriented uses include uses such as retail, personal service shops, department stores, hardware stores, apparel stores, restaurants, theaters, and within the limitations set forth herein retail financial institutions including retail banking offices and brokerages, medical offices, and professional offices as defined in Section 1202 of the zoning ordinance.
(b) 
Ground-floor-frontage: Refers to the ground floor portion of a building measured from the exterior wall facing the street or alley for a specified uniform minimum distance into the building's interior. The term includes the full surface area of the exterior facing wall on the building's ground floor as well as the floor area behind the facing wall.
(c) 
Ground floor. For purposes of pedestrian-oriented-uses, ground floor refers to the first floor level within a building that is at or near street or alley level or is open to a plaza or open area on the street or alley side of the building. The plaza or open area may be below street or alley level.
(2) 
Location. Pedestrian-oriented-Uses, subject to the terms and conditions specified herein, are mandated within the ground-floor-frontage portion of any building, except buildings used as churches or places of religious worship or instruction, whenever such building has frontage along the following street segments within the Commercial District:
Both sides of the 100 blocks of East and West Beaver Avenue
Both sides of the 100 block of South Allen Street
West side of the 200 block of South Allen Street between Beaver Avenue and Highland Alley
South side of the 100, 200, and 300 blocks of East College Avenue
South side of the 100 and 200 blocks of West College Avenue
Both sides of the 100 blocks between College Avenue and Calder Way on the following streets: Fraser, Pugh, McAllister, Locust, and Heister
East side of South Burrowes between College Avenue and Calder Way
West side of Garner Street between College Avenue and Calder Way
(3) 
General Requirements.
(a) 
Minimum Depth Facing a Street: The minimum depth of the ground-floor- frontage portion of a building required to be used for pedestrian-oriented-use shall be 20 feet and the use shall extend across 100% of the building's width facing a street where such use is required along streets.
(b) 
Windows Required: Where pedestrian-oriented-uses are required, at least 50% of the surface area of the ground floor's exterior wall facing the street shall be devoted to windows affording pedestrian view into the ground-floor-frontage portion of the building. Areas devoted to service entrances and accesses are exempted from this requirement.
(c) 
Corner Buildings: The 50% window requirement may be waived on buildings located on corners where grade differential or other considerations make wrap-around compliance impractical.
(d) 
Service Entrance and Access: Where pedestrian-oriented-uses are required, service access is prohibited from the street side of a building except in situations where there is no other practical way to provide such access. Service entrances and accesses are allowed from alley sides. Shared service access and refuse storage areas are encouraged. Loading docks are discouraged.
(e) 
Church Exemption: Pedestrian-oriented-uses are not required on buildings used as churches or places of religious worship or instruction.
(4) 
Limitations on Use.
(a) 
Medical Office and Professional Office: Medical offices and professional offices are prohibited from being located within the ground-floor-frontage portion of a building that is located in the pedestrian-oriented use district, except for that area along both sides of the 100 blocks of East and West Beaver Avenue and provided that no more than 15% of the cumulative building frontages on each side of the street per block face is so used.
(b) 
Retail Financial Institutions: Retail Financial Institutions, including retail banking offices and brokerages, are allowed as pedestrian-oriented-uses across the entire district provided that no more than 15% of the cumulative building frontages on each side of the street per block face is so used.
(c) 
ATMs: ATMs are permitted within the pedestrian-oriented-use area. However, the following restriction shall apply:
The installation of the ATM shall not reduce the existing glazing or window area within the ground-floor-frontage of any existing building by more than 7% and cannot reduce the total square footage of glazing or window area by more than 12 square feet.
h. 
The following use restrictions apply to all ground floor frontages in buildings located within the area described herein:
(1) 
Residential uses of any type are prohibited;
(2) 
At least the first 20 feet of a building's depth facing a street shall be occupied by a use other than parking or residential that is otherwise a permitted use in the Commercial District at that location. Driveway and pedestrian accesses to parking areas are allowed in this twenty-foot area.
i. 
The above building ground floor restrictions on residential and parking uses shall apply in all parts of the following area:
(1) 
The west side of South Fraser Street, the east side of Sowers Street, the south side of College Avenue, the south side of Beaver Avenue; and
(2) 
South Allen Street from Beaver Avenue to north side of Highland Alley.

§ 19-1803 Lot Area, Width, Yards and Floor Area Ratio.

[Ord. 559, 6/20/1959, Section 1002; amended by Ord. 569, 3/8/1960, Section 1; Ord. 597, 8/9/1961, Sections 1 and 2; Ord. 941, 9/11/1978, Section 128; Ord. 974, 4/21/1980; Ord. 992, 1/8/1981; Ord. 1034, 12/10/1982, Section 10; Ord. 1179, 8/10/1987; Ord. 1289, 8/14/1990, Section 6; Ord. 1317, 3/14/1991, Sections 1, 2 and 3; Ord. 1320, 3/14/1991, Section 2; Ord. 1371, 5/6/1992, Section 6; Ord. 1409, 4/22/1993, Sections 1 and 2; Ord. 1589, 3/23/1999; Ord. 1797, 11/22/2004, Section 1.; Ord. 1840, 4/4/2006, Section 27]
Each lot in this district shall comply with the following minimum requirements, except as otherwise provided:
a. 
Lot area.
Per family:
One-Family Dwelling: same as in R-4 district.
Two-Family Dwelling: same as in R-4 district.
Multiple dwelling: no specified amount.
Commercial establishments: no specified amount.
Personal care boarding home for adults: no specified amount.
b. 
Lot width: minimum of 25 feet.
c. 
Front yard depth.
(1) 
College Avenue (south side), Allen Street (between College and Beaver Avenues): 18 feet, measured from the curb. Exception: Where a subject lot is situated between two adjacent lots and each adjacent lot has a main building situated within five feet of the subject lot=s side property lines, the front yard depth of the subject lot may be the average depth of the front yards of the two adjacent lots provided that:
(a) 
No portion of the building on the subject lot within 36 feet of the curb face exceeds 45 feet in height; and
(b) 
At least 10 feet of clear space is maintained for a public sidewalk at the subject lot between the front of the building and the curb face.
(2) 
Seven and five tenths feet between Calder Way and Beaver Avenue, measured from the curbline for streets meeting all of the following criteria:
(a) 
Have rights-of-way of 40 feet in width;
(b) 
Are located entirely within the Commercial zoning District;
(c) 
Have a street length which does not exceed 475 feet;
(d) 
Does not extend north of College Avenue or south of Beaver Avenue; and,
(e) 
The depth of the block extending between the said street and other parallel street is 250 feet or less.
(3) 
All other streets: 15 feet, measured from the curb.
d. 
Side and Rear Yard Depth (Not Abutting an Alley). Side and rear yards which do not abut an alley shall be subject to the following yard depths, except as provided for in Section 502.f(10):
(1) 
No side yard is required for the first floor;
(2) 
For floors above the first floor, sufficient to comply with applicable building codes.
e. 
Side and Rear Yard Depth (Abutting an Alley). Side and rear yards which abut an alley shall be subject to the following required yard depth, except as provided for in Section 502.f(10) and Section 1803.e(1) through (3) and 1803.e(5): 10 feet clear and unobstructed to a height of 14 feet above grade.
The required side or rear yard depth may be reduced to five feet clear and unobstructed to a height of 14 feet above grade for yards which abut alleys between College and Beaver Avenues, subject to the following conditions:
(1) 
A five-foot wide sidewalk is constructed to Borough standards along the full length of the side or rear lot line abutting the alley right-of-way;
(2) 
A five-foot utility easement is located in the same area as that occupied by the sidewalk;
(3) 
A clear and unobstructed square space at least 15 feet per side shall be reserved as a utility easement, the location of which shall be subject to approval by the Borough Engineer to insure public access; and,
(4) 
Space for refuse collection, as provided for in Section 2001.c.
(5) 
On the north side of the intersection of the following alleys and Calder Way, 25 feet measured from the north right-of-way line of Calder Way to the building face and extending 25 feet in either direction, measured from the center line of the intersecting alley:
Cresson Alley; Miller Alley; Kelly Alley; Humes Alley.
f. 
Floor Area Ratio. The maximum floor area ratio for structures or portions thereof in this District used for residential purposes, except as otherwise provided, shall be:
(1) 
Two in that portion of the Commercial District bounded by the east side of Fraser Street, the west side of McAllister Street and the north side of Beaver Avenue.
(2) 
Two and fifty hundredths in the following portions of the Commercial District:
(a) 
That area bounded by the east side of McAllister Street and the west side of Sowers Street;
(b) 
That area bounded by the west side of Fraser Street and the western boundary of the Commercial District; and,
(c) 
That area south of Beaver Avenue.
(3) 
Three in that portion of the Commercial District bounded by the east side of Sowers Street and the eastern boundary of the Commercial District.
Basement areas and portions of a lot used for required parking would not be included when calculating the FAR.
(4) 
The permitted residential FAR may be increased, as indicated in the following schedule for housing for the elderly and/or disabled, provided said housing is maintained as housing for the elderly and/or disabled for a period of at least 15 years:
(a) 
A FAR increase of 1.0 for that portion of the commercial district with a base FAR of 2.0 for residential uses;
(b) 
A FAR increase of 0.75 for that portion of the commercial district with a base FAR of 2.5 for residential uses; and,
(c) 
A FAR increase of 0.50 for that portion of the commercial district with a base FAR of 3.0 for residential uses.

§ 19-1804 Building Height.

[Ord. 559, 6/20/1959, Section 1003; amended by Ord. 696, 10/4/1966, Section 1; Ord. 1121, 12/5/1985; Ord. 1261, 11/21/1989, Section 3; Ord. 1289, 8/14/1990, Section 7; Ord. 1319, 3/14/1991; Ord. 1409, 4/22/1993, Sections 3 and 4; Ord. 1592, 4/8/1999, Section 1 Ord. 1597, 6/17/1999, Section 1; Ord. 1880, 11/5/2007, Section 4]
The use of sculptured building tops is encouraged in the Commercial District. Sculptured building tops are intended to promote visual interest and variety in the commercial district. Enclosure of mechanical equipment on the roof (and its integration into the design of the building as a whole) is encouraged. The space or area within the sculptured top shall be non-habitable. Accordingly, non-habitable sculptured roof areas, designed to enclose mechanical equipment or to provide other design features, shall be allowed to extend a maximum of 10 feet above the permitted building height for any building within the commercial zoning district.
The maximum heights of structures in this district, except as otherwise provided, shall be:
a. 
In those areas bounded by (1) the east side of Burrowes Street, the south side of College Avenue, the east side of Hiester Street, and by the north side of Calder Way; (2) the east side of Kelly Alley, the south side of Calder Way, the west side of Humes Alley, and the north side of Beaver Avenue; and (3) in that area generally within a distance of 200 feet westward measured from the west side of the right-of-way along the 200 block of South Allen Street and 200 feet eastward measured from the east side of the right-of-way along the 200 block of South Allen Street between the south side of Beaver Avenue and the north side of Highland Alley: four stories not to exceed 45 feet.
b. 
Buildings and structures in all other areas of the C District: 65 feet, except as provided for in Section 503.d(2), Exceptions, and Section 2001.e(4), Telecommunications Facilities.

§ 19-1805 Adult Business Uses as Conditional Use.

[Ord. 1056, 8/3/1983, Section 3{270}; amended by Ord. 1289, 8/14/1990, Section 9; Ord. 1840, 4/4/2006, Section 14 and 15]
a. 
Conditional Use. Adult business uses, as defined herein, are permitted in the C District as a conditional use subject to the specific criteria expressed herein when approved by Borough Council. In granting its approval, Council may attach reasonable conditions and safeguards as deemed necessary to protect the public welfare.
b. 
Procedures.
(1) 
Submission. Applications for a conditional use permit for an Adult Business Use shall be made to the Planning Department at least 15 days prior to the public meeting date of the Planning Commission at which time the application will be received and reviewed. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a.
(2) 
Council Action. Municipal Council shall receive and consider the application for the Adult Business together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards and criteria herein for Adult Business Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision.
(3) 
Termination of a Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant.
(4) 
Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval.
c. 
Other Requirements.
All storage and displays shall be located within the building.
All business transactions on the premises shall be conducted within the building.
No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of Borough Council. In no case shall opaque covering of display windows be permitted.
All new construction shall be in keeping with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use.
Not more than one type of Adult Business use, as defined herein, may operate on any lot.
Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
In adult mini-motion-picture theaters, no openings are permitted through walls separating private viewing booths.
d. 
Signs and Other Visible Messages. In addition to the regulations of the State College Sign Ordinance and applicable state laws, the following shall apply to all adult business uses:
Sign messages shall be limited to written description of material or services available on the premises.
Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
Adult business uses shall be limited to 20 square feet in sign area, with lettering on said signs not exceeding four inches in height.
e. 
Locational Requirements.
No adult business use shall be located within 1,000 feet of any other existing adult business use, measured from the property lines of the lot on which the Adult Business Use is located.
No adult business use shall be located within 250 feet of any residential zoning district or within 250 feet of the lots on which the following uses are located:
Churches, monasteries, chapels, synagogues, convents or rectories.
Schools up to and including the 12th grade and their adjunct play areas.
Public playgrounds, public parks, public swimming pools and public libraries.
f. 
Statement of Ownership. Applications for a conditional use permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate director, or corporate stockholder owning more than 3% of the issued and outstanding stock of a corporate applicant, comprising the applicant, to include the following:
(1) 
Name, residence address and social security number;

§ 19-1806 Motor-Vehicle-Oriented Businesses (MVOBs) as a Conditional Use.

[Ord. 1289, 8/14/1990, Section 11.; amended by Ord. 1840, 4/4/2006, Sections 16 and 17]
a. 
Standards and Criteria. MVOBs are permitted as a conditional use in the C District pursuant to the following expressed standards and criteria:
(1) 
Location: MVOBs are permitted within the "C" Commercial District except within that portion of the district bounded on the west by the east side of South Burrowes Street and on the east by the west side of Sowers Street.
(2) 
The MVOB uses are permitted only as an accessory to the primary use of the lot or building.
(3) 
Any facility providing services to a motor vehicle in a short period of time, such as but not limited to gasoline filling stations, self-service gasoline stations, car washes, etc., is expressly prohibited as a new MVOB use in the "C" Commercial District.
(4) 
Drive-in restaurants are prohibited as a new motor vehicle oriented business use in the "C" Commercial District.
(5) 
Lot area and width shall comply with the minimum standards set forth for the "C" district.
(6) 
All MVOB uses and facilities must be located inside the main building on the lot.
(7) 
Driveways serving an MVOB use shall not be located closer than 150 feet to driveways serving any other MVOB use on adjacent lots. The distance shall be measured between the nearest edges of the driveways at the points where they intersect the same public right-of-way, regardless of which side of the right-of-way the driveways are located.
(8) 
Egress from MVOBs shall not intersect with a public right-of-way closer than 50 feet from any intersection of two or more public rights-of-way.
(9) 
Driveways serving MVOBs are prohibited from intersecting with the following rights-of-way:
(a) 
Atherton Street.
(b) 
Beaver Avenue.
(c) 
Burrowes Street.
(d) 
College Avenue.
(e) 
High Street.
(10) 
No more than one MVOB use is permitted per lot.
(11) 
No more than one service window and lane is permitted per MVOB use.
(12) 
A driveway or aisleway shall be provided to serve as a vehicle queuing lane for the drive-through service window. Such queuing lane must conform to the standards set forth in Section 2406 for driveways or Section 2404.b for aisleways. The queuing lane shall provide a minimum length of 70 feet before the service window and 30 feet after the window. These distances shall be located within the confines of the lot where the MVOB use is located.
(13) 
MVOB uses shall not generate more than 105 vehicle trips per day to and from the MVOB site nor shall the MVOB use generate more than 20 vehicle trips to and from the MVOB site during any sixty-minute period of operation.
(14) 
All utility lines on the site shall be installed underground or within buildings.
(15) 
Council may require curbing, lighting, sidewalks, traffic-control devices and limitations on the hours of operation to ensure that traffic generation does not impede the orderly flow of vehicular or pedestrian traffic or produce unsafe conditions on the premise or adjacent public rights-of-way.
b. 
MVOB Permit Application Procedures.
(1) 
Submission. Applications for a conditional use permit for a MVOB use shall be submitted to the Planning Department at least 15 days before the date of the public meeting at which the Planning Commission will receive and review the application. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a.
(2) 
Council Action. Municipal Council shall receive and consider the application for the MVOB together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards and criteria herein for MVOB Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision.
(3) 
Termination of the Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant.
(4) 
Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval.

§ 19-1807 Parking Requirements.

[Ord. 1145, 7/14/1986, Section 1; amended by Ord. 1159, 12/16/1986; Ord. 1169, 2/5/1987, Section 1; Ord. 1198, 2/8/1988, Section 19{280}; Ord. 1201, 4/20/1988; Ord. 1231, 11/9/1988; Ord. 1263, 12/8/1989; Ord. 1284, 7/10/1990, Section 15; Ord. 1289, 8/14/1990, Section 10; Ord. 1328, 5/8/1991, Sections 1, 2 and 3; Ord. 1329, 5/8/1991; Ord. 1371, 5/6/1992, Sections 1 through 4 inclusive; Ord. 1379, 7/22/1992, as corrected by Ord. 1389, 9/14/1992; Ord. 1410, 4/22/1993, Section 8; Ord. 1433, 1/6/1994; Ord. 1450, 9/8/1994, Section 3, 4; Ord. 1462, 2/14/1995; Ord. 1521, 2/4/1997; Ord. 1622, 4/3/2000, Sections 1 through 6, 7 and 8; Ord. 1632, 8/30/2000, Sections 1, 2, and 3; Ord. 1687, 11/27/2001, Section 1; Ord. 1787, 7/7/2004; Ord. 1797, 11/22/2004, Sections 2, 3, and 4; Ord. 1821, 11/9/2005, Section 11, 12 and 14]
Off-street parking shall be provided in accordance with Part H of this ordinance, except as follows:
a. 
Except as provided for in Section 1807.b, c, and d, the number of parking spaces for all adult business uses in the C district shall be an amount equal to or greater than one space per 800 square feet of gross floor area per building devoted to residential use or adult business use. All buildings, or portions thereof, changed from any nonresidential use to a residential use shall meet the parking requirements for residential uses as set forth in Section 2403. Number of Spaces Required in Off-Street Parking Areas, Subsection c of this chapter.
b. 
The provision of off-street parking is not required for:
(a) 
Up to 30,000 square feet of gross floor area for buildings or portions of buildings used for nonresidential purposes, except for adult businesses as defined in this chapter which must comply with the parking requirement in a. above, or for outdoor areas used for sales or seating at nonresidential uses. Except as provided for in (b) below, parking shall be provided for all building area in excess of 30,000 square feet of gross floor area used for nonresidential purposes at a ratio of one parking space per 800 gross square feet of building area.
(b) 
Theaters, as defined in this chapter, that are located within 400 feet of a public parking facility with a minimum capacity of 300 vehicles and that is owned and operated by the Borough of State College or an authority established by the Borough of State College.
c. 
The following common space areas shall be excluded when calculating the gross floor area to be used in determining the number of parking spaces required for housing for the elderly and/or disabled the proposed use:
(1) 
Lobbies;
(2) 
Foyers;
(3) 
Common elevators, halls and stairwells; and/or
(4) 
For residential buildings or portions thereof, common spaces or rooms for exclusive use by building residents and their guests.
d. 
New residential construction may provide up to 10% of the required parking through the fee-in-lieu special exception, provided that the remaining 90% of the required parking is located on the same lot as the residential use served by the parking.
e. 
No zoning permit shall be issued until plans are submitted and approved showing the provision of the parking required for such construction by the terms of the Zoning Ordinance, or until arrangements for in-lieu payments are made with the Borough, if a special exception is granted, as provided in Subsection f below, except that:
(1) 
New residential construction is not eligible, except as provided for in Subsection 1807.d. above.
(2) 
Not more than six off-street parking spaces may be provided through payment of fees-in-lieu-of providing on-site parking for existing buildings, or portions of existing buildings, which are reused for residential purposes.
f. 
Special Exception. Recognizing that parking is a major problem in the downtown area of State College, encompassed in the C district and CID, that the C district and CID have unique and special needs different from other zoning districts in the municipality, that the provision of off-lot public parking may be a more practical way of meeting the parking needs for uses in the C district and CID, that the C district and CID are already largely built up and that lot sizes and shapes cannot be easily altered to meet modern commercial needs, and that flexibility in meeting the parking needs of the C district and CID is necessary in order to provide the most practical responses to meeting the parking and planning needs, the Zoning Hearing Board is authorized to grant a special exception upon the request of a landowner to pay in-lieu fees for the provision of public parking in lieu of providing all or part of the on-lot parking, as required by this ordinance, except as limited in Section 1807.d and e of this chapter.
(1) 
Said special exception shall be granted by the Zoning Hearing Board according to the following criteria:
(a) 
That the number of parking spaces which are or will be available at existing, or planned, or projected public parking facilities are or will be adequate to serve the parking needs of the use or structure on the property involved, as projected at the time the special exception is granted.
(b) 
That the public parking spaces which are or will be available at existing, or planned, or projected facilities are within a reasonable walking distance from the property involved so as to serve the parking needs of the residents, tenants, customers or guests thereof.
(c) 
That the Planning Commission has prepared a parking report, which outlines the plans to provide public parking to serve the needs of the C district and CID, and that such report has been initially prepared or updated within three years prior to the application for special exception.
(d) 
That the grant of the requested special exception is not contrary to the public interest [i.e. will not: (i) increase the danger of fire or otherwise endanger public safety; (ii) increase traffic congestion; or (iii) be contrary to the harmony, spirit and purpose of this ordinance.]
(2) 
The Zoning Hearing Board is empowered to grant such special exception for all or only part of the number of parking spaces otherwise required or as requested by the landowner for in-lieu payment, except as limited in Section 1807.d and Section 1807.e of this chapter.
(3) 
Borough Council shall establish by Resolution the amount of the in-lieu fee per parking space omitted by such special exception. The amount of the in-lieu fee may be changed from time to time by Council, based on the Borough's most recent experience in the cost of providing on-lot parking spaces in a parking structure in the C district and CID, or, if this experience occurred more than five years prior to the date of the application for a special exception, other generally accepted standards on inflation in the construction industry.
Special Exceptions:
(a) 
All in-lieu fees paid by landowners shall be accounted for in a separate fund. Funds shall be used exclusively for:
Providing additional parking facilities in the C, CID, R-O, and UV zoning districts;
Parking facility renovations that result in a net gain of parking spaces
Satellite parking facilities.
Transit subsidies.
Pedestrian improvements related to parking facilities.
Non-routine capital repairs, expansion and/or maintenance of existing parking facilities.
Acquire land for use as a parking facility in the C, CID, R-O, and UV zoning districts.
Reimbursing the costs of any parking facility in the C, CID, R-O, and UV zoning districts that is under construction or has been completed within one calendar year from the date when the in-lieu payment is received by the Borough.
Such lots or facilities may be constructed by the Borough and need not be within reasonable walking distance of properties for which payments have been made, except in accordance with a phased plan.
(b) 
It is further the intention of this ordinance that the planned, shared public parking facilities may provide for parking needs in a more efficient manner, resulting in fewer total parking spaces than would be required if provided on-lot by each landowner, so that the public parking spaces provided by such Borough need not necessarily equal those for which in-lieu payments have been made.
(4) 
In addition to the Comprehensive Plan, the Planning Commission shall cooperate with the State College Transportation Commission to develop a parking report for the C district and CID, which outlines the plans to provide public parking to serve the needs of the C district and CID over the next seven years and shall update said report every three years.
(5) 
All in-lieu fees collected must be expended or committed to be expended for the provision of additional public parking facilities within seven years of receipt of the in-lieu payment required. If said payments have not been expended or committed to be expended, the amount of such in-lieu payment, plus interest actually accumulated thereon, shall be refunded to the then-owner of the property for which the in-lieu payment was made, whether such owners be the original payor or a successor owner. The term "expended" or "committed to be expended" shall be deemed to include, but not limited to, the use of such funds for: construction, or for the purchase of land, the execution of a contract for construction or purchase, official action required for taking land by Eminent Domain, or by expenditure or obligation to pay for engineering, architecture, or other planning expenses.
(6) 
In the application of the criteria for adequate parking facilities within a reasonable walking distance of applicant's lands, the Zoning Hearing Board shall consider that the concept for the C district and CID is to provide public centralized parking.
(7) 
If any refunds of in-lieu payments are made after the expiration of the times stated in Paragraph 6, then such properties for which in-lieu payments were refunded shall be considered lawful nonconforming uses or structures insofar as the required parking was not provided on-lot or in a public facility.
(8) 
Upon the grant of a special exception, in-lieu payments shall be paid in full, in cash, and no zoning permit shall be issued until the landowner or his agent has deposited such payments in full.
(9) 
In the event the boundaries or the area applicable to this special exception are changed, in-lieu payments received from landowners prior to said change shall only be used to provide parking within or conveniently accessible to the area designated for the grant of a special exception as the area stood when said in-lieu payments were received.
g. 
Off-Site Parking. Except as provided in Subsection (1) below, all uses in the C district and the Commercial Incentive District, may provide all or part of the required off-street parking on another lot in accordance with the following criteria:
(1) 
All new residential construction in the C district and the CID that provides any portion of the required parking through the fee-in-lieu special exception must provide all other required parking on the same lot as the residential use served.
(2) 
All lots providing off-site parking shall be located within the C, CID, RO, UV, and CP-2 districts and shall be within 400 feet of the lot for which said parking is required, and, when located in the RO zone, shall be at least 100 feet from any lot zoned R-2. The distance between lots shall be measured as the closest point between lot lines; however, the width of street and alley rights-of-way shall be excluded from the measurement.
(3) 
All lots providing off-site parking, as set forth herein, shall be and shall remain in the same possession and ownership as that of the lot containing the use for which the off-site parking is intended to serve. On approval of the application referred to herein, the owner shall execute and record, in the Office of the Recorder of Deeds of Centre County, an appropriate covenant applicable to both of said lots, the form and content thereof to be approved, prior to such recording, by the Zoning Officer.
(4) 
The total number of parking spaces provided for a use both on- and off-site shall be not less than the sum of spaces required by this ordinance for the use.
(5) 
Only one off-site lot may be used to provide all or part of the required off-street parking.
(6) 
All applications for a zoning permit for a use which will be served by off-site parking shall include a development plan, pursuant to Section 305, for both the lot containing the use and the lot on which the related off-site parking shall be located. Any future expansions of a use served by off-site parking, which requires additional parking, shall be accompanied by a new development plan showing the additional off-street parking required to serve the expanded use.
(7) 
All other regulations of this Ordinance governing off-street parking shall be met.

§ 19-1808 Notice Prior to Demolition, Removal or Razing.

[Ord. 1516, 12/23/1996, Section 4]
See Section 707 of this chapter.

§ 19-1809 Signature Development Projects as a Conditional Use.

[Ord. 1822, 11/9/2005, Section 1; amended by Ord. 1840, 4/4/2006, Sections 18 and 19; Ord. 1880, Section 2 and 3, 11/5/2007; Ord. 2021, 7/1/2013, Section 1-3; Ord. 2023, 8/19/2013, Sections 1-7; Ord. 2095, 5/1/2017, Section 1]
a. 
Use. Land and buildings used for a signature development project as a conditional use shall meet the following criteria:
(1) 
All signature development projects must contain a mix of uses, as follows:
(a) 
A minimum of 40% of the Gross Floor Area (GFA) must be nonresidential, exclusive of gross floor area devoted to on-site parking.
(b) 
Residential uses may not exceed the lessor of 60% of the GFA or the permitted FAR for residential, including owner occupied bonuses.
(2) 
The following use restrictions apply to all ground floor areas in buildings located within the area described herein:
(a) 
At least the first 25 feet of a building's depth facing a street shall be occupied by a use other than parking or residential that is otherwise a permitted use in the zoning district at that location. Driveway and pedestrian accesses to parking areas are allowed in this twenty-five-foot area.
(b) 
At least 50% of the commercial space's exterior wall area facing the street shall be devoted to windows affording view by passersby into the interior commercial space.
b. 
Location: Signature development projects, as defined herein, are permitted in areas bounded by:
[Amended by Ord. No. 2191, 10/17/2022]
(1) 
Parcels zoned Commercial Incentive that are located west of the center line of Kelly Alley and north of the center line of West Beaver Avenue (see Figure 1).
(2) 
Parcels zoned Commercial Incentive that are located east of the center line of Humes Alley, south of the center line of Calder Way, west of the center line of Garner Street and north of the center line of West Beaver Avenue (see Figure 1).
 Parcels Humes Alley.tif
Figure 1
(3) 
Parcels zoned Commercial Incentive that are located east of the center line of Garner Street, north of the center line of Calder Way, west of the center line of Hetzel and south of the center line of East College Avenue (see Figure 2).
 Parcels Garner Street.tif
Figure 2
c. 
Standards and Criteria.
(1) 
Minimum lot area: 30,000 square feet.
(2) 
Minimum lot width: 100 feet on all street frontages.
(3) 
Yard depths.
(a) 
Except as provided for below in Section (d), the minimum front yard depth shall be:
(i) 
Ground floor, must comply with underlying zoning, except on corner lots where the setback must comply with special setback requirements detailed herein.
(ii) 
Buildings or portions thereof above a height of 40 feet shall have an average minimum front yard depth of 25 feet measured from the curb.
(iii) 
Buildings or portions thereof above a height of 95 feet shall have minimum setback of 30 feet or 1/2 of the street right-of-way width, which ever is greater.
(iv) 
On corner lots, the setback at the corner up to a height of 40 feet shall be determined as a diagonal line intersecting each of the two front setback lines that are parallel with the curb face. The diagonal setback line forms the base of an isosceles triangle with equal sides of 20 feet. The triangles vertex is the point where the extended parallel lines intersect. (see Figure 3).
[Amended by Ord. No. 2191, 10/17/2022]
 Corner Lots.tif
Figure 3
(b) 
Side and Rear Yard Depth (Not Abutting an Alley) Side and rear yards which do not abut an alley be subject to the following yard depths, except as provided for in Section 502.f(10):
(i) 
No side yard is required for the first floor;
(ii) 
For floors above the first floor, sufficient to comply with applicable building codes.
(c) 
Side and Rear Yard Depth (Abutting an Alley).
Except as provided for below in Section (d), the minimum side and rear yard depth where the side or rear abuts an alley shall be:
(i) 
Rear - must comply with underlying zoning to a height of 65 feet.
Above 65 feet - 20 feet measured from the property line.
Above 95 feet - 30 feet measured from the property line.
(ii) 
Side - must comply with underlying zoning to a height of 65 feet.
Above 65 feet: 20 feet measured from the property line.
Above 95 feet: 30 feet measured from the property line.
(d) 
Borough Council, following review by the Planning Commission, may modify the additional setbacks required for upper floors for buildings or portions thereof used for commercial, non owner-occupied or owner-occupied residential uses where:
(i) 
The applicant can prove that strict adherence to the minimum required yards will prevent the construction of a permitted use; or
(ii) 
Where the applicant agrees to provide a mid-block pedestrian connection between College or Beaver Avenues and Calder Way. If no public sidewalk exists on Calder Way end of the mid-block connector, the applicant shall install a public sidewalk extending the entire length of the property's frontage on Calder Way.
The mid-block connection shall:
(a)
Remain open to the public 24 hours per day.
(b)
Have a minimum width of 15 feet.
(c)
Have a minimum vertical dimension of 20 feet from the grade of the walkway to the lowest point of any roof or ceiling areas that extend over the walkway. Light fixtures, projecting signs and other design elements may extend lower than 20 feet if sufficient pedestrian clearance is provided, subject to review by the Planning Commission and approval by Borough Council.
(d)
To the extent possible, remain open to the sky.
(iii) 
Fifty percent of the frontage of the mid-block connection shall be developed as pedestrian oriented uses as defined in Section 1802 of this chapter. The applicant may satisfy this requirement by providing entrances from the mid-block connection to businesses located within the ground floor of the building.
(4) 
Maximum building height: 12 stories, not to exceed 145 feet.
Exception: Street level commercial that proposes over ten-foot ceiling height and not exceeding 20 feet may increase the building overall height based on the difference in height over 145 feet to allow for the street level commercial increased ceiling height.
(a) 
Parcels adjacent to or separated by a public right-of-way from parcels zoned CID:
Commercial or UPD: not to exceed 155 feet.
(b) 
Parcels with any property line(s) adjacent to or separated by a public right-of-way from parcels located in any other zoning district: not to exceed 145 feet.
(5) 
Maximum residential floor area ratio: as specified in the underlying zoning, including any bonuses for owner occupied housing.
[Amended by Ord. No. 2191, 10/17/2022]
(6) 
Maximum total building floor area ratio: eight (basement areas and portions of a lot used for required parking are not included when calculating FAR).
(7) 
Open space - in addition to the area provided by the setbacks, a minimum of 5% of the lot must be dedicated to open space as specified herein. Open space may consist of the following:
(a) 
All areas covered with vegetation;
(b) 
Plazas, fountains, seating areas, pedestrian walkways and similar impervious areas which are open to the sky.
(8) 
Building facade offsets: Long continuous walls in the same plane and blank walls void of architectural form and detail are undesirable along street-facing facade walls. Street-facing facade walls designed to produce shadow lines and visual relief through offsets, projections, changes in texture and materials, use of recesses including window and doorways, canopies, and or other architectural features are desirable. Differential between the ground floor walls at street level and the walls on floors above is also desirable. Accordingly, the following visual interest standards shall apply to all walls facing public streets:
(a) 
No portion of a building's wall facing any street shall exceed 50 feet in continuous horizontal length in the same plane. The face of such wall shall be staggered or offset to provide wall segments that project forward and or backward in order to break the plane by forming recesses, projections, and/or other displacements. Either 8(a)(1) or and 8(a)(2) below may be selected.
(i) 
The minimum displacement required between segments is two feet. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of the offsets per story shall equal at least 25% of the total horizontal wall length facing the street and shall extend vertically for the whole wall height of that story. Offsets or wall segments may be summed to meet the 25% requirement. No offset is required on walls facing alleys or yards not abutted or yards not abutted by street lines.
(ii) 
The displacement required between segments may be achieved by utilizing solid and glazed materials in building facade finishes. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of offsets, per story, shall be distributed along the horizontal wall length(s) facing the street and shall extend vertically for the whole wall height of that story. This offset is required on all visible building facades facing streets, alleys and access easements.
(b) 
In addition to offsets, the ground floor of all nonresidential facades facing public streets shall have a separate architectural treatment distinguishing it from the floor immediately above by using architectural features that create visual interest and shadow lines. These features may include elements such as arcades, display windows, recessed or projected entry areas, projecting awnings, canopies, and projecting overhangs. The cumulative length of these features shall equal or exceed 60% of the building's horizontal facade length at street level. These features may be used individually or in any combination that distinguishes the ground floor from the floor above. In some cases these variations may extend beyond ground floor and distinguish the higher floors where there is the same desired architecture of the lower floor.
(c) 
Borough Council, following review by the Design Review Board and Planning Commission, may accept an alternative facade design per Section 1809 c. (8) (a)(1) or (a)(2) and (b) for commercial and mixed use buildings.
(9) 
Building materials: Use of vinyl siding and untextured concrete block or other untextured veneers is prohibited.
(10) 
Parking. Signature development projects must comply with the parking requirements of the zoning district in which they are located, except as provided below.
Parking incentives in the commercial incentive zone may be used for signature development projects located in that zoning district.
Required parking may be reduced for building square footage used for following purposes:
(a) 
Lobbies, foyers, elevators, mechanical areas, halls, and stairwells;
[Amended by Ord. No. 2191, 10/17/2022]
(b) 
An additional 20,000 square feet of gross floor area designated for commercial uses on the application for a signature development conditional use permit provided the signature project site is located on the same block as a municipally owned and operated public parking structure.
As part of the conditional use permit review, any new development under the Signature Development Projects requirements may enter into a lease or use agreement with a minimum duration of 29 years that shall be renewable in perpetuity to provide parking to meet Section 1854 Parking Requirements on and/or off the development site.
Parking provided in an off-site facility must be within 400 feet of the use served. The four-hundred-foot requirement does not apply to valet parking that is established with an agreement in place for a minimum of 29 years that shall be renewable in perpetuity.
A minimum of one parking space must be provided for each owner-occupied residential unit on the development site. Rental Housing shall meet the parking requirements of Section 1854. Parking Requirements.
(11) 
As part of the conditional use permit review, a curb cut may be installed along Beaver Avenue for hotel or theater use, subject to the following conditions:
(a) 
Any existing curb cut on Beaver Avenue on a parcel owned by the applicant and part of the conditional use application shall be closed.
(b) 
Only one curb cut is permitted per block face within the permitted signature development project area.
(c) 
There must be a 250 feet separation between curb cuts per side of Beaver Avenue within the permitted signature development project area.
(d) 
Curb cuts must be designed to accommodate only ingress movements.
(e) 
Egress from the site must be onto a municipal street or alley.
(f) 
Driveways and/or patron loading and unloading accessed via the curb cut must contain two travel lanes.
(g) 
An analysis of the traffic impacts of the curb cut prepared by a qualified professional shall be included with the application for the conditional use and an agreement by the applicant to implement mitigation measures to address the deficiencies of the curb cut. The cost to implement the mitigation measures shall be borne by the applicant.[1]
[1]
Editor's Note: Former Subsection c(12), regarding non-owner-occupied housing that is part of the Signature Development Project, which immediately followed this subsection, was repealed 10-17-2022 by Ord. No. 2191.
d. 
Procedures.
(1) 
Submission. Applications for a conditional use permit for Signature Development shall be submitted to the Planning Department at least 15 days before the date of the public meeting at which the Planning Commission will receive and review the application. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a.
(2) 
Council Action. Municipal Council shall receive and consider the application for the Signature Building use together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards and criteria herein for Signature Development Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision.
(3) 
Termination of a Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant.
(4) 
Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval.

§ 19-1811 Collegiate Housing Overlay.

[Ord. 2062, 7/6/2015]
a. 
Purpose. The purpose and intent of the Collegiate Housing Overlay is to add value to the downtown and community by requiring projects to incorporate first floor commercial space, maintenance of pedestrian access, increased residential FAR and building height.
b. 
Location. Collegiate Housing Overlay projects, as defined herein, are permitted in areas bounded by:
(1) 
Parcels zoned Commercial that are located east of the center line of Hetzel Street, north of center line of East Calder Way, west of the center line of High Street and south of the center line of East College Avenue (see map below).
 Parcel Hetzel Street 1.tif
c. 
First Floor Commercial Requirement. Buildings must provide first floor commercial in order to be eligible for the overlay maximum build outs in Section 1811.d.
(1) 
Street level commercial must be a minimum of 14 feet in height and cannot exceed 20 feet in height.
(2) 
At least 50% of the commercial space's exterior wall area facing the street shall be devoted to windows affording view by passersby into the interior commercial space.
d. 
Maximum Building Height, Stories and Residential. When first floor commercial is provided, each parcel shall be eligible to develop a structure not to exceed the maximum building height, stories and FAR identified below:
Maximum building height: 76-84 feet (variation depends on height of ground floor commercial use).
Maximum building stories: seven stories.
Maximum residential FAR: 4.0.
e. 
Parking Requirements. Off-street parking shall be provided in accordance with Section 1807.b.
f. 
Bicycle Parking. For developed sites within the Collegiate Overlay, the following provisions for minimum bicycle parking spaces shall apply.
(1) 
Multifamily sites: one space per every two units.
(2) 
Mixed-use sites.
(a) 
GFA <7,500 square feet: not required.
(b) 
GFA 7,501 - 20,000 square feet: three spaces.
(c) 
GFA > 20,001 square feet: one space per 6,000 square feet.
(3) 
All bicycle parking should be installed on sites in conformance with the front yard requirements. All bicycle parking should be located such that it is easily accessible from building entrances, visible from bicycle access routes and well lit for users' safety but not exceeding the Zoning Ordinance Part K Lighting standards.

§ 19-1812 Incentives/Bonuses for Collegiate Housing Overlay Projects.

[Ord. 2062, 7/6/2015]
a. 
Purpose. The purpose and intent of the Collegiate Housing Overlay is to add value to the downtown and community by requiring projects to incorporate first floor commercial space, maintenance of pedestrian access, increased residential FAR and building height and stories. Collegiate Housing Overlay Incentives/Bonuses will offer development incentives for increased indoor bicycle parking, use of high quality building materials, commercial space, energy efficiency benchmarks, and surface parking alternatives and owner-occupied housing.
The incentives/bonuses can only be pursued if Section 1811 Collegiate Housing Overlay is met.
b. 
Location. Incentives/Bonuses Collegiate Housing Overlay projects, as defined herein, are permitted in areas bounded by:
(1) 
Parcels zoned Commercial that are located east of the center line of Hetzel Street, north of center line of East Calder Way, west of the center line of High Street and south of the center line of East College Avenue (see map below).
 Parcel Hetzel Street 2.tif
c. 
Maximum Allowance using the Incentives/Bonus Schedule. Each parcel shall be eligible to earn one or more bonuses, not to exceed the maximum building height, stories, residential FAR and parking reduction identified below:
Maximum building height: 102 feet.
Maximum building stories: nine stories.
Maximum residential stories: seven stories.
Maximum residential FAR: 5.0.
Maximum parking reduction: One incentive may be selected to reduce parking in addition to the reductions permitted in Section 1807.
d. 
Incentives/Bonus Schedule. All of the incentives listed in Table 1 are described in detail below. In order for the incentive to qualify for the bonuses, the incentive shall meet or exceed the criteria described below. (Each parcel shall be eligible to earn one or more bonuses, not to exceed the maximum building height and stories identified in Section 1812.c):
Table 1
Incentives:
Bonus: Increase in Building Height
Bonus: Increase in Floor Area Ratio (FAR) for Residential Use
Bonus: Maximum Reduction in Required Parking
(1)
Indoor Protected Bicycle Parking
10%
(2)
Above Ground Floor Commercial
1 story (not to exceed 14 additional feet)
1.0
(3)
Green Building
1.0
20%
(4)
Underground Parking
1 Story (not to exceed 11 additional feet)
Each underground parking space is equal to 1.5 spaces in a surface or above-grade structure
(5)
A least two levels of structured parking above ground within the building footprint
1 Story per two levels of parking (not to exceed 11 additional feet)
(6)
Owner-Occupied
Up to 2 stories (not to exceed 22 additional feet)
1.0
20%
(1) 
Description of Incentives. All of the incentives listed in Table 1 above are described in detail below. In order for the incentive to qualify for a bonus, the incentive shall meet or exceed the criteria described below.
(a) 
Indoor Protected Bicycle Parking. Indoor protected bicycle parking spaces are secure facilities that protect the entire bike against theft and against inclement weather. These facilities include but are not limited to bike lockers, check-in facilities, monitored bike parking, restricted access parking and personal storage. To qualify for this bonus, applicant must provide at least the minimum required spaces per Section 1811.f, and 75% of these spaces must be provided in a protected facility. These spaces must be clearly distinguishable, and described on a site plan, from other required bike parking, which may be in the form of exterior racks/storage areas. The bicycle parking cannot be provided within the units.
(b) 
Above Ground Floor Commercial. Any building achieving more than one floor dedicated to nonresidential use, will be eligible for one additional floor of height to provide an additional story of commercial use. Only one additional story of height can be achieved using this bonus, with a maximum of 14 feet for the story. The total permitted height of the first floor, plus an additional floor of nonresidential cannot exceed 34 feet.
(c) 
Green Certified.
(i) 
Any building designed and constructed following the currently applicable Leadership in Energy and Environmental Design (LEED) Green Building Rating System. This includes major renovations to existing buildings as defined in the applicable LEED Green Building Rating System. To qualify for this bonus, a building must obtain the minimum number of points through the LEED certification process to receive designation as a Silver Certified Building or higher (or equivalent level of certification).
(ii) 
Any application for a bonus to increase building FAR through the green certified incentive must include a LEED Project Checklist for New Construction and Major Renovations, or successor checklist that identifies those credits that will be utilized to obtain the required LEED certification.
(iii) 
Any applicant that intends to obtain a bonus allowing increased building FAR or a reduction in parking requirements as per the incentives/bonus schedule must post a performance bond with the Borough of State College as surety that the building will receive the appropriate level of LEED certification or higher. State College Borough Council shall establish the amount of this performance bond by Resolution following receipt of a land development plan. State College Borough will retain this bond in an Environmental Sustainability Improvement Fund following receipt of a land development plan.
(iv) 
Conditional occupancy maybe granted prior to receipt of documentation from the US Green Building Council (USGBC) or a USGBC certified professional that the Silver or higher LEED certification has been awarded if a USGBC certified professional reviews the completed construction and notifies the Planning Department the building has been constructed based on the submitted application to USGBC.
(v) 
Upon Receipt of Documentation from the US Green Building Council (USGBC) or a USGBC certified professional that the appropriate level of LEED certification has been awarded to the applicant, State College Borough will return the bond, with any accrued interest, to the applicant. Failure to obtain the appropriate level of LEED certification within a period of one year from the date of the issuance of the certification of occupancy will result in forfeiture of the performance bond and accrued interest. The applicant may request the Borough Manager or his/her designee extend this certification period for a period of not to exceed two years. Said extension must include documentation that all materials necessary to obtain certification have been submitted to USGBC. State College Borough shall use any forfeited performance bond funds on projects to increase the environmental sustainability of community facilities in State College Borough.
(d) 
Underground Parking. Parking located at street level reduces opportunities to utilize this valuable space for activities that increase street life. Locating parking in subsurface facilities expands the total building volume available for commercial and residential development. To qualify for the bonus, a minimum of 65% of the total project parking must be provided in subsurface facilities.
(e) 
Structured Parking within a building footprint. Parking located at street level reduces opportunities to utilize this valuable space for activities that increase street life. Locating parking in structured facilities expands the total building volume available for commercial and residential development. However, site constraints and geology may interrupt the ability to develop subsurface parking. To qualify for the bonus, at least two levels of parking must be provided above the ground level within the footprint of the primary development. For each two levels of parking in an above ground structure, an additional one story of residential or commercial uses may be developed.
(f) 
Owner-Occupied Housing. Owner-occupied residential refers to dwelling units that are a residence of the legal or beneficial owner. Any project pursuing designation as an owner-occupied residential project must establish a home-owners or condominium association and incorporate appropriate provisions in its association by-laws to insure that the use of the property is for owner occupied dwellings, including limitations on leasing units. The by-laws of the home-owners or condominium association shall grant the authority for enforcing the owner-occupied covenant to the Borough of State College. Changes to the by-laws that will affect the occupancy covenant must be approved by the Borough of State College. Legal costs accrued as a result of a conflict in an occupancy covenant must be borne by the home-owners or condominium association. To qualify for this bonus, 100% of the residential units proposed must be designated and used as owner occupied and include a covenant to ensure this use.

§ 19-1813 Collegiate Housing Overlay Projects as a Conditional Use.

[Ord. 2062, 7/6/2015]
a. 
Purpose. The purpose and intent of the Collegiate Housing Overlay Project as a Conditional Use is to expand upon the overlay and the incentives/bonus table in the Collegiate Housing Overlay by allowing for additional development capacity through the conditional use process. The conditional use requiring projects to require building facade enhancements, aesthetically pleasing materials, high-quality building design and increased tenant diversity. In order to qualify for the conditional use both the overlay and the incentives/bonuses must be followed as prescribed in Sections 1811 and 1812. In order to qualify for the conditional use, a minimum residential FAR of five must be achieved and the maximum stories in Section 1813.d.
b. 
Use. Land and buildings used for a Collegiate Housing Overlay project as a conditional use shall meet the following criteria:
(1) 
Buildings used as churches or places of religious worship or instruction are exempt from this requirement.
(a) 
Residential uses not exceeding the permitted FAR for residential, including professional/graduate housing bonuses.
(2) 
The following restrictions apply to all ground floor areas in buildings located within the Collegiate Housing Overlay:
(a) 
Residential uses of any type are prohibited.
(b) 
At least the first 25 feet of a building's depth with street frontage shall be occupied by a use other than parking or residential that is otherwise a permitted use in the zoning district at that location.
(c) 
Pedestrian access to parking areas are allowed in this twenty-five-foot area. Vehicular access is prohibited in this twenty-five-foot area.
(3) 
At least 50% of the commercial space's exterior street frontage shall be devoted to windows affording view by passersby into the interior commercial space.
c. 
Standards and Criteria. The following standards apply to Collegiate Housing Overlay Project as a Conditional Use:
(1) 
Minimum lot area (square feet): 15,000.
(2) 
Minimum lot width (on all frontages): 90 feet.
(3) 
Front yard depth (on all frontages): same as underlying zoning.
(4) 
Side and rear yards shall comply with the underlying zoning in the Commercial District.
(5) 
Ground Floor Commercial. Ground floor commercial space required.
d. 
Maximum Allowance using the Incentives/Bonus Schedule. Each parcel shall be eligible to earn additional development capacity by utilizing the Conditional Use process, but may not exceed the maximum building height, stories, residential FAR and parking reduction identified below:
(1) 
Maximum building height: 120 feet.
(2) 
Maximum building stories: 10 stories only when Section 1813.k Collegiate Housing - Professional Housing is followed but only one floor of such residential use is achieved in the building.
(3) 
Maximum building stories: 11 stories only when Section 1813.k Collegiate Housing - Professional Housing is followed and two floors of such residential use is achieved in the building. Maximum of one story for each floor permitted.
(4) 
Maximum Residential FAR: seven only when two floors of Section 1813.k Collegiate Housing - Professional Housing is followed. Maximum of one FAR increase for each floor permitted up to a total increase of two FAR.
(5) 
Maximum parking reduction: two additional parking reductions can be selected as part of the Collegiate Housing Overlay Projects after the one incentive selected from Table 1812.d is calculated as part of Section 1812.
(6) 
Maximum development permitted as part of the conditional use process can be increased to 124 feet and 11 stories if the following conditions are followed:
(a) 
All parts of the conditional use process are met.
(b) 
When two floors of commercial use are provided as described in the Table 1 in Section 1812 and two floors of the professional/graduate units are also provided.
e. 
Building Facade Offsets. Long continuous walls in the same plane and blank walls void of architectural form and detail are undesirable along street-facing facade walls. Street-facing facade walls designed to produce shadow lines and visual relief through offsets, projections, changes in texture and materials, use of recesses including windows and doorways, canopies, and/or other architectural features are desirable. Differential between the ground floor walls at street level and the walls on floors above is also desirable. Accordingly, the following visual interest standards shall apply to all walls facing public streets in the Collegiate Housing Overlay:
(1) 
No portion of a building's wall with street frontage shall exceed 50 feet in continuous horizontal length in the same plane. The face of such wall shall be staggered or offset to provide wall segments that project forward and/or backward in order to break the plane by forming recesses, projections, and/or other displacements. Either (1)(a) and (1)(2) below may be selected.
(a) 
The minimum displacement required between segments is one foot. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of the offsets per story shall equal at least 25% of the total horizontal wall length facing the street and shall extend vertically for the whole wall height of that story. Offsets or wall segments may be summed to meet the 25% requirement. No offset is required on walls facing alleys or yards not abutted by street lines.
(b) 
The displacement required between segments may be achieved by utilizing solid and glazed materials in building facade finishes. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of offsets, per story, shall be distributed along the horizontal wall length(s) facing the street and shall extend vertically for the whole wall height of that story. This offset is required on all visible building facades facing streets, alleys and access easements.
(2) 
In addition to offsets, the ground floor of all nonresidential facades facing public streets shall have a separate architectural treatment distinguishing it from the floor immediately above by using architectural features that create visual interest and shadow lines. These features may include elements such as arcades, display windows, recessed or projected entry areas, projecting awnings, canopies, and projecting overhangs. The cumulative length of these features shall equal or exceed 50% of the building's horizontal facade length at street level. These features may be used individually or in any combination that distinguishes the ground floor from the floor above. In some cases variations may extend beyond ground floor and distinguish the higher floors where there is the same desired architecture of the lower floor.
(3) 
Borough Council, following review by the Design Review Board and Planning Commission, may accept an alternative facade design per Section 1810d.(8)(a)(i) or (a)(ii) and (b) for residential and mixed use buildings.
f. 
Corner Expression Guidelines.
(1) 
Corner conditions that offer no opportunities for pedestrian activity and are void of architectural form are undesirable. It is desirable to promote a node for pedestrian activity through high-quality architectural design at corners. Accordingly, parcels located on corners in the Collegiate Housing Overlay are subject to corner expression guidelines. The area regulated by these guidelines is defined as the following:
(a) 
An isosceles triangle formed by the two intersecting front setback lines parallel to the curb face. The triangle has two equal sides of 20 feet, starting at the vertex of the setback lines, and measured outward.
(b) 
Corners formed by East Calder Way are exempt from these guidelines.
(2) 
Buildings which fall into this defined area shall have the following visual interest standards:
(a) 
Any architectural overhangs occurring above the ground floor must be at least 13 feet above grade in the designated area.
(b) 
A maximum of 20% of the gross area on the ground floor in the defined area shall be interior space.
(c) 
At least one entrance to the building must occur within, or directly adjacent to, the defined area at street level.
(d) 
The cumulative length of architectural features listed in Section 1810.c(8)(b) shall equal or exceed 80% of the building's horizontal facade length within the defined area up to a height of 45 feet above street level.
g. 
Building Materials. Use of vinyl siding and untextured concrete block or other untextured veneers is prohibited.
Ground floor commercial up to and including the fourth floor that fronts on a street shall not be permitted to contain synthetic stucco. The remaining floors facing the street shall not exceed 50% coverage of synthetic stucco. The use of synthetic stucco on the remaining floors facing alleys and yards is permitted.
h. 
Parking. Collegiate housing overlay projects must comply with the parking requirements of the zoning district in Section 1807, except as provided below:
i. 
Off-site Parking Standards.
(1) 
Parking provided in an off-site facility must be within 400 feet of the use served and is under control of the property or has entered into a ninety-nine-year lease arrangement for use of the parking spaces.
(2) 
The four-hundred-foot requirement does not apply to valet parking that is established with an agreement in place for a minimum of 29 years that shall be renewable in perpetuity.
j. 
Fee-In Lieu Parking.
(1) 
New residential construction is eligible for fee-in-lieu parking after the incentive/bonus table parking reductions as noted in Section 1813.d are applied, provided that:
(a) 
Lot size and location restricts ability to comply with parking requirements of this section, up to 30% of the required parking may be provided as fee-in-lieu provided that the remaining 70% of the required parking is located on the same lot as the residential use served by the parking.
(b) 
Not more than six off-street parking spaces may be provided through the fee-in-lieu-of special exception for existing buildings, or portions of existing buildings, which are reused for residential purposes.
(c) 
That the fee-in-lieu requested is not contrary to the public interest (i.e. will not: (i) increase the danger of fire or otherwise endanger public safety; (ii) increase traffic congestion; or (iii) be contrary to the harmony, spirit and purpose of this ordinance.)
(d) 
No zoning permit shall be issued until plans are submitted and approved showing the provision of the parking required for such construction by the terms of the Zoning Ordinance.
(e) 
In-lieu payments shall be paid in full, in cash or cash equivalent, and no zoning permit shall be issued until the landowner or his agent has deposited such payments in full.
(f) 
Borough Council shall establish by Resolution the amount of the in-lieu fee per parking space omitted. The amount of the in-lieu fee may be changed from time to time by Council, based on the Borough's most recent experience in the cost of providing on-lot parking spaces in a parking structure, or other generally accepted standards in the construction industry.
(g) 
Special Conditions:
i. 
All in-lieu fees paid by landowners shall be accounted for in a separate fund. Funds shall be used exclusively for:
1. 
Providing additional parking facilities in the C, CID, R-O, and UV zoning districts.
2. 
Parking facility renovations that result in a net gain of parking spaces.
3. 
Satellite parking facilities.
4. 
Transit facility improvements including but not limited to signage and transit stop amenities within 1,000 feet of the development site.
5. 
Pedestrian improvements related to parking facilities.
6. 
Non-routine capital repairs, expansion and/or maintenance of existing parking facilities.
7. 
Acquire land for use as a parking facility in the C, CID, R-O, and UV zoning districts.
8. 
Reimbursing the costs of any parking facility in the C, CID, R-O, and UV zoning districts that is under construction or has been completed within one calendar year from the date when the in- lieu payment is received by the Borough. Such lots or facilities may be constructed by the Borough and need not be within reasonable walking distance of properties for which payments have been made, except in accordance with a phased plan.
ii. 
It is further the intention of this ordinance that the planned, shared public parking facilities may provide for parking needs in a more efficient manner, resulting in fewer total parking spaces than would be required if provided on-lot by each landowner, so that the public parking spaces provided by the Borough need not necessarily equal those for which in-lieu payments have been made.
iii. 
All in-lieu fees collected must be expended or committed to be expended for the provision of additional public parking facilities within seven years of receipt of the in-lieu payment required. If said payments have not been expended or committed to be expended, the amount of such in-lieu payment, plus interest actually accumulated thereon, shall be refunded to the then- owner of the property for which the in-lieu payment was made, whether such owners are the original payor or a successor owner. The term "expended" or "committed to be expended" shall be deemed to include, but not limited to, the use of such funds for: construction, or for the purchase of land, the execution of a contract for construction or purchase, official action required for taking land by Eminent Domain, or by expenditure or obligation to pay for engineering, architecture, or other planning expenses.
1. 
In-lieu payments shall be paid in full, in cash or cash equivalent, and no zoning permit shall be issued until the landowner or his or her agent has deposited such payments in full with the Borough.
2. 
If any refunds of in-lieu payments are made after the expiration of the times stated in (c), then such properties for which in-lieu payments were refunded shall be considered lawful nonconforming uses or structures insofar as the required parking was not provided on- lot or in a public facility.
k. 
Collegiate Housing - Professional Housing. Any project pursuing this section use may do so as part of the conditional use review provided the items listed below are included in the project. This will allow the Collegiate Housing Overlay Project to increase the non-owner occupied residential FAR by 1.0 per floor to a maximum of 2.0 FAR, and allow for a maximum of 11 floors when two floors of the building provide for Professional/Graduate Residential housing.
(1) 
Professional/Graduate Residential refers to dwelling units that are a residence of a non-student or graduate student. Any project pursuing this incentive must provide:
(a) 
Provide a copy of the lease prior to occupancy that notes the occupancy limitations on these units and provide a copy annually to the Borough Planning Department.
(b) 
Annual affidavit by owner and property manager of the building that the units are occupied by non-students or graduate students.
(c) 
Allow for the Borough Planning Department to perform an annual audit and inspection of the Professional/Graduate Residential units.
(d) 
Covenant established for this use shall run with the land and be attached to the land. The Borough shall be empowered to terminate occupancy of the unit in violation and obtain injunctive relief in a court of competent jurisdiction enjoining future occupancy of the unit while the violation of the covenant occurs. At the discretion of Borough, the occupancy of the unit shall be terminated for six months and for each violation thereafter there will be no discretion and the occupancy of the unit will be terminated to be occupied for six months. Violations of this ordinance shall be punishable as provided by Part I, Remedies, Penalties and Validity, of Chapter XIX, Zoning. All covenants must be approved by the Borough Solicitor and be recorded with the Centre County Recorder of Deeds and referenced on the development plan. Covenants shall be recorded prior to building occupancy and shall specify that the landowner will comply with all approval conditions applicable to the incentive and bonus provisions under which the land development plan was approved. Covenant language shall include access to review records for non-student status of residents.
(e) 
Provide a marketing plan that demonstrates the non-student units will be marketed to graduate and non-student populations and be resubmitted every three years from date of full occupancy. The units shall be on separate floor (preferably upper-most units) and shall occupy the entire floor area (including special amenities).
(f) 
Provide a long-term management plan for on-site uses, with special emphasis on mitigating potential impacts on neighboring properties, such as, cameras, full time on-site manager and daily plan to mitigate refuse outside the building. As part of this management plan, the applicant must provide a copy of its lease document.
(g) 
No more than 25% of total professional residential units may contain four or more bedrooms.
(h) 
Professional/Graduate units shall be limited to no more than two unrelated persons may occupy any bedroom; no more than two unrelated persons per studio/efficiency; no more than five unrelated persons per dwelling unit.
(i) 
The building contains a nonresidential public space that can be used by residents and/or nonresidents for activities such as a public market, community center, gathering space, group meeting rooms, etc., for which a program is described in the building's marketing plan. This public space may be on the ground floor but cannot be on the floors devoted to the professional housing.

§ 19-1814 Covenants with the Borough for Bonuses.

[Ord. 2062, 7/6/2015]
a. 
Purpose. To assure continuation of amenities, housing or uses provided in a project to qualify for bonuses, the property owner must execute a covenant with the Borough of State College. The covenant is required prior to issuance of the building's occupancy permit and is made in consideration of allowing additional building stories or increased floor area above the base zoning or a reduction in required parking based on the incentive/bonus zoning scheme under Section 1812 and 1813.
b. 
Requirements. The covenant must run with the land and be attached to the land. In the event the property owner fails to abide by the covenant, the Borough shall be empowered to terminate occupancy of the units associated with the additional building stories or increased floor area and are identified in the covenant and to obtain injunctive relief in a court of competent jurisdiction enjoining future occupancy of the building while the violation of the covenant occurs. All covenants must be approved in form by the Borough Solicitor and be recorded with the Centre County Recorder of Deeds and referenced on the development plan. Covenants shall be recorded prior to building occupancy and shall specify that the landowner will comply with all approval conditions applicable to the incentive and bonus provisions under which the land development plan was approved.

§ 19-1815 Termination and Modification of Collegiate Housing Overlay Projects as a Conditional Use.

[Ord. 2062, 7/6/2015]
a. 
Termination of a Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant.
b. 
Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Borough Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval.

§ 19-1850 Use.

[Ord. 1821, 11/7/2005; amended by Ord. 1876, 8/6/2007, Section 3 and 4]
a. 
Permitted uses and use restrictions as described in Sections 1801 and 1802 are applicable except that Motor Vehicle Oriented Businesses and Adult Businesses as provided for in Section 1802 are expressly prohibited.
b. 
The following use restrictions apply to the ground floors of buildings within the Commercial Incentive District, except in that portion of the district west of Atherton Street:
(1) 
Residential uses of any type are prohibited;
(2) 
At least the first 20 feet of a building's depth facing a street shall be occupied by a use other than parking or residential that is otherwise a permitted use in the Commercial Incentive district at that location. Driveway and pedestrian access to parking areas are allowed.
(3) 
At least 50% of the commercial space's exterior wall area facing a street shall be devoted to windows affording pedestrian view into the interior commercial space.
c. 
Pedestrian-oriented-Uses, subject to the terms and conditions specified in Section 1802.g. (except for location which is as specified below), are mandated within the ground-floor-frontage portion of any building, except buildings used as churches or places of religious worship or instruction, whenever such building has frontage along the following street segments within the Commercial Incentive District:
Both sides of the 100 block of West Beaver Avenue and the north side of the 100 block of East Beaver Avenue
Both sides of the 100 block of Fraser Street
Both sides of the 100 block of Pugh Street

§ 19-1851 Lot Area, Width, Yards and Floor Area Ratio.

a. 
Lot area.
All uses: minimum of 5,000 square feet.
b. 
Lot width: minimum of 25 feet.
c. 
Front yard depth.
(1) 
Buildings or portions thereof used for residential use or parking = minimum of 25 feet measured from the curb;
(2) 
Buildings or portions thereof to a height of 40 feet used for nonresidential uses except off-street parking = minimum of 15 feet measured from the curb;
(3) 
Buildings or portions thereof above a height of 40 feet (all uses) = minimum of 25 feet, measured from the curb.
d. 
Side and Rear Yard Depth (Not Abutting an Alley). Side and rear yards which do not abut an alley shall be subject to the following yard depths, except as provided for in Section 502.f(10):
(1) 
Except for telecommunication towers, no side or rear yard is required other than sufficient to comply with applicable building codes.
(2) 
Telecommunication Towers shall comply with the provisions of Section 2001.e(3).
e. 
Side and Rear Yard Depth (Abutting an Alley). Side and rear yards abutting an alley are subject to the following required yard depths:
(1) 
Except for telecommunication towers, 10 feet clear and unobstructed to a height of 14 feet above grade. Telecommunication towers shall comply with the provisions of Section 2001.e(3).
(2) 
Except for telecommunication towers, the required side or rear yard depth may be reduced to five feet clear and unobstructed to a height of 14 feet above grade for yards abutting alleys located between College and Beaver Avenues, subject to the following conditions:
(a) 
A five-foot wide sidewalk is constructed to Borough standards along the full length of the side or rear lot line abutting the alley right-of-way;
(b) 
A five-foot utility easement is located in the same area as that occupied by the sidewalk;
(c) 
A clear and unobstructed square space at least 15 feet per side shall be reserved as a utility easement, the location of which shall be subject to approval by the Borough Engineer to insure public access; and,
(d) 
Space for refuse collection, as provided for in Section 2001.c.
(3) 
On the north side of the intersection of Cresson Alley and Calder Way, 25 feet measured from the north right-of-way line of Calder Way to the building face and extending 25 feet in either direction, measured from the center line of the intersecting alley.
f. 
Floor Area Ratio. The maximum floor area ratio for structures or portions thereof in this District used for residential purposes, except as provided for under Section 1855. Incentives shall be 2.0.

§ 19-1852 Building Height.

Buildings and structures: 65 feet (maximum), except as provided for in Section 503.d(2), Exceptions, Section 1855, Incentives, and Section 2001.e(4), Telecommunications Facilities.

§ 19-1853 Building Facade Offsets.

[Ord. 1821, 11/9/2005; amended by Ord. 2023, 8/19/2013, Sections 4-5]
Long continuous walls in the same plane and blank walls void of architectural form and detail are undesirable along street-facing facade walls. Street-facing facade walls designed to produce shadow lines and visual relief through offsets, projections, changes in texture and materials, use of recesses including window and doorways, canopies, and or other architectural features are desirable. Differential between the ground floor walls at street level and the walls on floors above is also desirable. Accordingly, the following visual interest standards shall apply to all walls facing public streets:
a. 
No portion of a building's wall facing any street shall exceed 50 feet in continuous horizontal length in the same plane. The face of such wall shall be staggered or offset to provide wall segments that project forward and or backward in order to break the plane by forming recesses, projections, and/or other displacements. Either 8(a)(1) or and 8(a)(2) below may be selected.
(1) 
The minimum displacement required between segments is two feet. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of the offsets per story shall equal at least 25% of the total horizontal wall length facing the street and shall extend vertically for the whole wall height of that story. Offsets or wall segments may be summed to meet the 25% requirement. No offset is required on walls facing alleys or yards not abutted or yards not abutted by street lines.
(2) 
The displacement required between segments may be achieved by utilizing solid and glazed materials in building facade finishes. Such offsets may be staggered across individual stories or may be aligned vertically from floor to floor on walls facing the street. In either design, the total horizontal line of offsets, per story, shall be distributed along the horizontal wall length(s) facing the street and shall extend vertically for the whole wall height of that story. This offset is required on all visible building facades facing streets, alleys and access easements.
b. 
In addition to offsets, the ground floor of all nonresidential facades facing public streets shall have a separate architectural treatment distinguishing it from the floor immediately above by using architectural features that create visual interest and shadow lines. These features may include elements such as arcades, display windows, recessed or projected entry areas, projecting awnings, canopies, and projecting overhangs. The cumulative length of these features shall equal or exceed 60% of the building's horizontal facade length at street level. These features may be used individually or in any combination that distinguishes the ground floor from the floor above. In some cases these variations may extend beyond ground floor and distinguish the higher floors where there is the same desired architecture of the lower floor.

§ 19-1854 Parking Requirements.

Off-street parking shall be provided in accordance with Part H of this ordinance, except as follows:
a. 
The number of required parking spaces for all residential uses shall be the amount specified under Section 2403.c for the given use. Except as provided in section b. below, the amount of parking required for nonresidential uses shall be equal to or greater than one space per 800 square feet of gross floor area per building. All buildings or portions thereof changed from a nonresidential to residential use shall meet the parking requirements for residential uses listed in Section 2403.c.
b. 
The provision of off-street parking is not required for:
(1) 
Up to 30,000 square feet of gross floor area per building or portion thereof including outdoor sales areas used for nonresidential purpose, except for adult businesses as defined in this chapter. Except as provided for in (2) below, parking shall be provided for all building area in excess of 30,000 square feet of gross floor area used for nonresidential purposes at the ratio of one parking space per 800 gross square feet of building area and outdoor sales area.
(2) 
Theaters, as defined in this chapter, within 400 feet of a public parking facility with a minimum capacity of 300 vehicles owned and operated by the Borough of State College or an authority established by the Borough of State College.
c. 
New residential construction is not eligible for fee-in-lieu parking, except that up to 10% of the required parking may be provided through the fee-in-lieu special exception provided that the remaining 90% of the required parking is located on the same lot as the residential use served by the parking.
d. 
No zoning permit shall be issued until plans are submitted and approved showing the provision of the parking required for such construction by the terms of the Zoning Ordinance, or until arrangements for in-lieu payments are made with the Borough, if a special exception is granted, as provided in Subsection 1854.f, except that:
e. 
Not more than six off-street parking spaces may be provided through the fee-in-lieu-of special exception for existing buildings, or portions of existing buildings, which are reused for residential purposes.
f. 
In-lieu parking is permitted in the CID as a special exception pursuant to the provisions of Section 1807.f.

§ 19-1855 Incentives.

[Ord. 1821, 11/9/2005; amended by Ord. 2023, 8/19/2013, Section 8]
a. 
Purpose. The purpose and intent of these incentives is to promote ground floor commercial uses, mixed uses, owner-occupied housing, increased public amenities, energy efficient building design and construction, and superior building design in the Commercial Incentive Zoning District.
[Amended by Ord. No. 2205, 6/5/2023]
Table 1
Incentives/Bonus Schedule
(Each Incentive shall be eligible to Earn One or More Bonuses)
Bonus - Increase in Building Height
Bonus - Increase in Floor Area Ratio (FAR) for Residential Use
Bonus - Reduction in Required Parking
Incentives (Building)
Front Building Setback = 25 feet or more
1 story (not to exceed 10 additional feet)
20%
Green Certified
1 story (not to exceed 10 additional feet)
10% - 20%
Underground Parking
1 story (not to exceed 10 additional feet)
Each underground parking space = 1.5 spaces in a surface lot or above grade structure
Incentives (Uses)
Owner Occupied
Up to 2 stories (not to exceed 20 additional feet)
1.0
30%
Street Level Commercial where not required
1 story (not to exceed 10 additional feet)
20%
Mixed Use (as defined in b(6) below)
Up to 3 stories (not to exceed 10 additional feet per story)
b. 
Description of Incentives. All of the incentives listed in Table 1 are described in detail below. In order for the incentive to qualify for a bonus, the incentive shall meet or exceed the criteria described below.
(1) 
Front Setback Increase. To qualify for incentives, the building shall be set back 25 feet or more as measured from the curb face along all sides of the lot having street frontage. Incentives under this option may also be received when the front setback increase is achieved using an averaging method. Under the averaging method, the front setback line does not have to be a uniform distance from the curb face, but the total square footage of the setback area provided must equal or exceed the total square footage of setback area that would otherwise be achieved using the uniform twenty-five-foot setback from the curb face. Under this option, no portion of the building shall be set back less than 15 feet, and the overall area requirement is gained by increasing the setback farther than 25 feet at other portions of the building.
On corner lots, the minimum setback using the averaging method shall not be less than 25 feet from the curb face within a distance of 45 feet measured from any corner formed by the curb intersections of two streets. Beyond 45 feet, the setback may be reduced to 15 feet provided the area requirement under the averaging method is met.
(Note: The front setback under the base zoning standard is 15 feet for nonresidential uses except for parking and 25 feet for residential and parking uses and all uses above 40 feet.)
(2) 
Green Certified. Any building designed and constructed following the currently applicable Leadership in Energy and Environmental Design (LEED™) Green Building Rating System. This includes major renovations to existing buildings as defined in the applicable LEED Green Building Rating System. To qualify for this bonus a building must obtain a minimum of 26 points through the LEED certification process. The following bonuses are available: 26 through 32 points . . .a 10% reduction in required parking, 33 through 38 points . . . one additional story plus a 10% reduction in required parking; 39 or more points . . . one additional story plus a 20% reduction in required parking.
(3) 
Underground Parking. Parking located at street level reduces opportunities to utilize this valuable space for activities that increase street life. Locating parking in subsurface facilities expands the total building volume available for commercial and residential development. To qualify for the FAR bonus, 75% of the required parking must be provided in subsurface facilities.
(4) 
Owner-Occupied Residential. Owner-occupied residential refers to dwelling units that are a residence of the legal or beneficial owner. Any project pursuing designation as an owner-occupied residential project must establish a home-owners or condominium association and incorporate appropriate provisions in its association by-laws to insure that the use of the property is for owner occupied dwellings, including limitations on leasing units. To qualify for this bonus, 100% of the residential units proposed must be designated and used as owner occupied.
(5) 
Street Level Commercial. This incentive does not apply in that portion of the commercial incentive district described in Section 1852.b where residential and parking uses are limited on the ground floor of a building.
To be used as an incentive the street level portion of the building facing the street shall meet all of the following criteria: (1) the use within the building's street level commercial area shall be retail, service, office, restaurant, theatre, or any combination therein; (2) the area dedicated to the commercial use shall not be less than 25% of the building's ground floor area and shall abut the exterior wall or walls facing the street; (3) the minimum depth of the commercial area as measured from the exterior perimeter wall facing the street shall be 25 feet; and (4) at least 50% of the commercial space's exterior wall area facing the street shall be devoted to windows affording view by passersby into the interior commercial space.
(6) 
Mixed Use. A mixed use is a building that contains non-residential uses in combination with residential uses where the residential use is located above the ground floor or that contains two or more non-residential uses. Non-residential uses can be commercial, retail, personal service, professional service, restaurant, office, lodging, or other non-residential uses (except for parking) permitted in the district. To qualify for this bonus, non-residential uses must occupy the entire floor area (excluding space devoted to circulation and HVAC systems) of a story within the building. The following bonuses are available: one additional floor for each floor of non-residential use up to a maximum of three additional floors.
[Amended by Ord. No. 2205, 6/5/2023]
c. 
Maximum Bonus. The following height, residential FAR and reductions in required parking shall not be exceeded regardless of the number of incentives provided:
[Amended by Ord. No. 2191, 10/17/2022]
Maximum building height: 95 feet.
Maximum residential FAR: 3.0.
Maximum reduction in required parking: 30%.

§ 19-1856 Covenants with the Borough for Bonuses.

[Ord. 1821, 11/9/2005; amended by Ord. 1840, 4/4/2006, Section 20]
a. 
Purpose: To assure continuation of amenities, housing or uses provided in a project to qualify for bonuses, the property owner must execute a covenant with the Borough of State College. The covenant is required prior to issuance of the building's occupancy permit and is made in consideration of allowing additional building stories or increased floor area above the base zoning or a reduction in required parking based on the incentive/bonus zoning scheme under Section 1855.
b. 
Requirements: The covenant must run with the land and be attached to the land. In the event the property owner fails to abide by the covenant, the Borough shall be empowered to terminate occupancy of the building and to obtain injunctive relief in a court of competent jurisdiction enjoining future occupancy of the building while the violation of the covenant occurs. All covenants must be approved in form by the Borough Solicitor and be recorded with the Centre County Recorder of Deeds and referenced on the development plan. Covenants shall be recorded prior to building occupancy and shall specify that the landowner will comply with all approval conditions applicable to the incentive and bonus provisions under which the land development plan was approved.

§ 19-1901 Use.

[Ord. 559, 6/20/1959, Section 1101; amended by Ord. 578, 6/10/1960, Article III; Ord. 834, 12/4/1973, Section 3; Ord. 973, 4/21/1980; Ord. 1056, 8/3/1983, Section 4; Ord. 1198, 2/8/1988, Section 21; Ord. 1284, 7/10/1990, Section 16; Ord. 1637, 10/5/2000, Section 4]
In this district, the land and structures may be used for any purpose, except the following:
a. 
Dwelling other than for caretaker.
b. 
The manufacture of:
Abattoirs or slaughterhouses
Ammonia Aniline colors or dyes
Blast furnaces, rolling mills, smelters
Cement, lime and sulphates
Coal tar products
Coke ovens
Creosote or wood preservers
Emery cloth or sandpaper
Fertilizer
Fish smoking or curing
Gas
Glue, casein, size or gelatin
Grist mills or grain elevators
Industrial poisons or chemicals
Lampblack Matches
Oil cloths or linoleum
Paints, oils, shellac, varnish or turpentine
Paper or pulp
Printing ink
Pyroxylin or celluloid products
Rubber or leather goods
Rubber, caoutchouc or gutta-percha
Tar or waterproofing products
c. 
The manufacture or storage of:
Gunpowder
Fireworks
Other explosives or explosive substances, except fixed ammunition.
d. 
The incineration, reduction or storage of:
Dead animals
Garbage
Offal
Refuse
e. 
The distilling or grinding of:
Coal
Bones
Shells
Wood
f. 
The refining of petroleum or the manufacture of petroleum products.
g. 
The storage of all petroleum products and other flammable liquids in excess of 500 gallons except in underground tanks not to exceed 10,000 gallons per tank. Such tank or tanks shall have the top of the tank not less than two feet below the surface of the ground and not less than two feet apart, entirely surrounded by clean earth or sand, well tamped in place, with a foundation or base of concrete extending the length of the tank at least six inches thick.
h. 
The manufacture, rendering or refining of:
Fats
Grease
Lard
Soap
Tallow
i. 
The manufacture or refining of asphalt.
j. 
Iron or steel foundry or works.
k. 
The tanning, curing or storing of:
Hair
Leather
Rawhides
Skins
l. 
The manufacture of shoddy or the pulling or scouring of wool.
m. 
The refining of potash.
n. 
The manufacture of disinfectants or insecticides.
o. 
Signs, except as prescribed in Chapter XV of this Codification.
p. 
Adult business use.
q. 
Adult theater.
r. 
Specifically, vehicle holding areas are permitted in the M district, provided:
(1) 
The perimeter of the area shall be completely enclosed by a security fence or chain link or similar type which is of a minimum height of eight feet. Entrance and exit shall be via a gate of similar construction which shall also be at least eight feet high. Such fencing and gate(s) shall be vinyl-coated (or painted) Sherwood Green color and kept in good condition.
(2) 
The perimeter of the area shall be landscaped with a mixture of live trees and shrubs to provide a buffer between the enclosed vehicle holding area and adjacent areas. However, such shrubs must not exceed a maximum height of three feet and must be maintained in good condition and replaced as necessary.
(3) 
The area shall be lighted for security purposes. Such lights shall conform with Part K of this chapter.
(4) 
The application shall be reviewed by the DRB with a report to the Planning Commission for a recommendation to the Zoning Hearing Board for final approval.
(5) 
The surface of the storage area, if not paved or finished with a hard surface, shall be a minimum of dense graded limestone material of at least four inches, compacted and treated as necessary to insure that the surface will not be easily deformed or scattered.

§ 19-1902 Lot Area, Width and Yards.

[Ord. 559, 6/20/1959, Section 1102; amended by Ord. 941, 9/11/1978, Section 128; Ord. 1450, 9/8/1994, Section 5]
No restriction, except as provided in Section 1803 of this chapter.

§ 19-1903 Height.

[Ord. 559, 6/20/1959, Section 1103]
Same as for C district.

§ 19-1904 Off-Site Parking.

[Ord. 1169, 2/5/1987, Section 4; amended by Ord. 1289, 8/14/1990, Section 15]
Off-site parking for uses located in the C, General Commercial, district may be located in the M, Industrial, district, provided all criteria specified in Section 1807.d are met.

§ 19-1924 Purpose.

[Ord. 1709, 10/15/2002, Section 1]
It is the purpose of the UV zoning district to facilitate traditional neighborhood development, as defined in the Pennsylvania Municipalities Planning Code. To facilitate traditional neighborhood development, private owners and developers and the Borough shall be encouraged to:
a. 
Preserve and reuse existing buildings, many of which exemplify periods of the early development of state college;
b. 
Provide a mix of moderate-density residential, commercial, and office uses;
c. 
Undertake new construction that maintains the essential character of its surrounding environment, as expressed in the Design Guidelines for Historic Properties and Historic Districts;
d. 
Provide a pedestrian environment that is both pleasing and safe; and,
e. 
Limit vehicular access to developments on arterial streets to minimize the impact on traffic safety.

§ 19-1925 Use.

[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1709, 10/15/2002, Section 2]
Except as provided for in Section 1926, in this District the land and structures may be used and structures erected, altered, enlarged, and maintained for the following uses only:
a. 
Any use permitted in the R-O District.
b. 
Restaurants and Cafes. Structures used for this use category may not exceed 35,000 square feet in the District in the aggregate. No individual restaurant or cafe may exceed 4,000 square feet of gross floor area or contain a drive-in window or other facility where patrons are served while remaining in their vehicle.
c. 
Personal and Business Services (e.g. beautician, quick-print shop, dry cleaner with pick-up/drop-off). Structures used for this use category may not exceed 35,000 square feet in the District in the aggregate.
d. 
Neighborhood Food and Convenience Stores. Structures used for this use category may not exceed 10,000 square feet in the aggregate in this district.
e. 
Specialty Food Stores. Structures used for this use may not exceed 10,000 square feet in the aggregate in the district.
f. 
Retail Shops. Structures used for this use category may not exceed 35,000 square feet in the aggregate in this district.
g. 
Off-street parking area, public parking areas and unloading spaces including off-site parking for areas within the zone.
h. 
Coin-operated laundry facilities.
i. 
Parks or playgrounds.
j. 
Child or adult day care facilities.
k. 
Bed-and-breakfast Establishments not exceeding 10 guest rooms.
l. 
Research and development facilities.
m. 
Assembly of electrical appliances, scientific equipment and technical equipment.
n. 
Accessory land use and buildings customarily incident to any of the above uses.
o. 
Warehouse.
p. 
Light Industrial and manufacturing.
q. 
Artist studios, art galleries, schools, or studios for music and dance instruction, and other similar uses.
r. 
Cat cafes, with a maximum of 10 cats permitted at any time on the premises.
[Added by Ord. No. 2134, 12/2/2019]

§ 19-1926 Limitations on Use.

[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1635, 10/5/2000, Section 1; Ord. 1709, 10/15/2002, Sections 3 and 4; Ord. 1778, 4/27/2004, Section 1]
a. 
The sale of motor fuel or gasoline is prohibited in the UV District.
b. 
The following uses are generally prohibited as primary or accessory uses on any lot within the UV district fronting along West College Avenue, but may be used to the extent provided for in another category in the use matrix:
(1) 
Coin-operated laundry facilities;
(2) 
Light industry;
(3) 
Neighborhood convenience store;
(4) 
Off-street parking;
(5) 
Personal business;
(6) 
Restaurant;
(7) 
Retail;
(8) 
Specialty food store;
(9) 
Warehouse;
Exceptions to Uses of Properties Fronting West College Avenue
in the UV Zoning District
Use
Permitted on Vacant Lot
See Note 1
Reuse of Contributing Building
See Note 2
Reuse of Non-Contributing Building
See Note 3
New Buildings and Additions
See Note 4
Coin-Operated Laundry Facilities
X
X
X
X
Light Industry
X
X
X
X
Neighborhood Convenience Store
X
X
X
Off-Street Parking
Personal Business
X
X
X
X
Restaurant
X
X
X
X
Retail
X
X
X
X
Specialty Food Store
X
X
X
X
Warehouse
Note 1. Permitted on Vacant Lot. Structures may be erected or constructed and used for these uses on any lot fronting West College Avenue only in the case where the lot was vacant at the date of the adoption of this ordinance.
Note 2. Reuse of Contributing Building. Buildings located on lots fronting West College Avenue that are classified as contributing to the Highlands/Holmes-Foster National Register Historic District at the time of the adoption of this ordinance may be used in whole or in part for these uses only if the contributing building(s) is retained in a fashion consistent with the basic architectural features and historic character of the contributing structure or structures.
Note 3. Reuse of Non-Contributing Building. Lots fronting West College Avenue that contain buildings classified as non-contributing to the Highlands/Holmes-Foster National Register Historic District at the time of the adoption of this ordinance may be used in whole or in part for these uses only. The non-contributing building(s) is not required to be retained and may be removed or replaced by new construction. Property owners that replace non-contributing buildings are encouraged to follow the Borough's guidelines for new construction in historic districts. This document is available free of charge at the State College Borough Planning Department office, Room 221, 243 South Allen Street, State College, PA.
Note 4. New Buildings and Additions. Additional buildings or building additions may be erected or constructed on any lot in the UV District fronting along West College Avenue for these uses only and provided that on any lot containing a contributing building to the Highlands/Holmes-Foster National Register Historic District at the time of the adoption of this ordinance, the contributing building(s) shall be retained in a fashion consistent with the basic architectural features and historic character of the contributing building(s).
c. 
Hours of Operation. Restaurants and cafes, personal and business services, retail shops, convenience food stores, and specialty food stores may be open for business only between the hours of 6:00 a.m. and midnight.
d. 
Walk-up and drive-in windows are not permitted at any restaurants or cafes.
e. 
Maximum Number of Residential Buildings. A maximum of one building for residential use is allowed on a single lot.

§ 19-1927 Development Standards.

[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1475, 8/29/1995, Section 1, 2 and 3; Ord. 1574, 8/20/1998, Section 3; Ord. 1635, 10/5/2000, Section 2-6; Ord. 1644, 12/18/2000; Ord. 1709, 10/15/2002, Sections 5, 6, 7, and 10; Ord. 1854, 10/16/2006, Section 6]
Land development in the UV District shall be effected pursuant to the standards specified in Sections a through k below.
However, in order to further the purposes of the UV district, the Flexible Incentive Zoning (FIZ) system was established. The FIZ provides an option to development under the base standards. Base standards that may be modified through FIZ are identified through the notation "Incentives Apply."
a. 
Lot Coverage:
(1) 
Twenty-five percent of a lot may be covered by buildings and other structures. Incentives Apply.
(2) 
Open Space. The minimum open space required on a lot for a given use shall be the percentage of the lot's area as listed below. When a lot has more than one use, the minimum open space required shall be that listed for the higher use. When a change in use is proposed, the open space for the new use shall equal or exceed that listed on the table below for the new use. Any required landscape material that dies shall be replaced. Incentives apply.
Multiple-family dwelling: 30%.
One- and two-family dwelling and all other residential use: 25%.
Nonresidential uses: 10%.
b. 
Buffer Yards. The buffer yard is a unit of land together with the landscaping and/or fencing prescribed in the buffer yard table. The buffer yard shall be placed between uses located on separate, but abutting, lots. The amount of land and the amount of landscape material prescribed for each buffer yard requirement are designed to mitigate nuisances between adjacent land use intensity classifications based on the Land Use Intensity System presented in Section 1927.b(5) of this chapter. All off-street parking areas within the District shall comply with the buffer yard requirement according to the Land Use Intensity System. The perimeter screening requirements of Part H, Section 2404.i, of this chapter shall not apply. Incentives apply.
(1) 
Buffer yards shall be located between the uses required to be buffered and may extend across side and rear property lines. Buffer yards shall not be required in any front setback. Buffer yards shall not be located on any portion of an existing or dedicated public or private street.
(2) 
Walls or fences may be substituted for all or a portion of the understory trees, shrubs or evergreens in Buffer yards A and B (see Buffer Yard Tables). When used as a substitute, a wall or fence must be view restrictive, not less than six feet nor more than 8.5 feet in height, extend from the front building line the entire length of the rear and side property line, and be constructed of wood, brick, stone or other approved equivalent material.
Walls of detached garages built pursuant to Section 1927.c(1) may be credited toward meeting the buffer yard requirement provided they are constructed of an approved material.
(3) 
The following procedure shall be used to determine the type of buffer yard required between two uses located on separate but abutting parcels:
(a) 
Identify the land use class of the proposed use by referring to the Land Use Intensity System [see Section 1927.b(5)].
(b) 
Identify the land use class of all existing uses located on separate but abutting lots by referring to the Land Use Intensity System [see Section 1927.b(5)].
(c) 
Determine the buffer yard required between uses by referring to Buffer Yard Tables A, B and C of this Part.
(d) 
When a mixed use is proposed for a lot, the buffer yard required shall be that required by the most intensive of the uses proposed.
(4) 
Responsibility for buffer yard:
(a) 
When land development is proposed for a lot, the developer shall provide a buffer yard as prescribed on the Buffer Yard Table according to the Land Use Intensity System.
(b) 
The buffer yard may be located entirely on the lot being developed or in combination with the buffer yard located on an abutting lot. In no case shall the buffer yard between the use on the lot being developed and the use on any abutting lot be less than that prescribed by the Buffer Yard Table on the Land Use Intensity System.
(c) 
Where a buffer yard exists on an abutting lot its area and material may be applied to meeting the buffer yard requirement between the use being developed and the existing use on the abutting lot. In such cases, the prescribed buffer yard on the lot being developed may be reduced by the amount of buffer yard that exists on the abutting lot.
(d) 
Existing plant material, berms, walls and fences located on a lot which meet the requirements of this ordinance may be counted as contributing to the total buffer yard required.
(e) 
Should a change in use of a lot result in a lessening of a buffer yard requirement, the buffer yard or portion thereof on the lot where the change in use occurs may be reduced to meet the lesser requirement. If this reduction causes the buffer yard to become deficient for a use on an abutting lot with a more intensive land use classification, the buffer yard or portion thereof on the affected lot shall be increased, as necessary, to meet the buffer yard for that use as prescribed in the Buffer Yard Table.
(5) 
Land Use Intensity System:
Class I:
Parks
One-family Dwellings
Gardening/Cultivation
Vacant Lots
Class II:
Two-family Dwellings
Group Homes
Class III:
Churches
Business and Professional Offices and Services
Art Galleries, Studios and Museums
Libraries
Tourist Homes
Bed-and-breakfast Establishments
Studios for Instruction in Music and Performing Arts
Clinics
Child Care Facilities
Photographic Studios
Boarding or Rooming Houses
Funeral Homes
Retail Shops, Restaurants and Cafes
Housing for the Elderly
Personal Care Boarding Homes
Personal and Business Services
Nursing and Convalescent Homes
Playgrounds
Class IV:
Multifamily dwellings
Fraternity or Sorority Houses
Performing Arts and Community Centers
Clubs, Organizations
Schools (Public and Private)
Food and Convenience Stores
Class V:
Research and Development Facilities
Coin-operated Laundry Facilities
Off-Street Parking Areas
Public Utility and Service Structures
Assembly
Light Industry and Manufacturing
Warehouses
(6) 
Buffer yard requirement:
Buffer Yard Table
Land Use Intensity Class of Proposed Development
Land Use Intensity Class on Abutting Lot(s)
I
II
III
IV
V
Class I
N/A
N/A
A
A
B
Class II
N/A
N/A
B
B
B
Class III
B
B
B
B
B
Class IV
C
C
B
A
B
Class V
C
C
B
B
A
Bufferyard "A" Table
019 Bufferyard Table A.tif
Bufferyard "B" Table
019 Bufferyard Table B.tif
Bufferyard "C" Table
019 Bufferyard Table C.tif
(7) 
Landscape Material Standards. All landscape material planted to comply with buffer yard requirements shall meet or exceed the following standards at the time of planting:
Canopy trees shall have a caliper of two inches measured at a point six feet above grade.
Understory and evergreen trees shall be six feet in height.
Shrubs shall be 2.5 feet in height.
c. 
Lot width and yards:
Lot width: sufficient to meet required yards.
Front yard setback, all structures: 15 feet, except as provided for in Section 502.f.(7).
Side yard setback, all structures, except as provided for herein: 20 feet in total, with no side yard.
(1) 
Detached private garages are permitted in the side yard, provided that they shall not be placed closer than five feet to any side lot line and shall not be placed closer than 50 feet to the cartway of any street.
(2) 
Two abutting property owners may erect a common garage across or abutting upon a common lot line in the rear or side setback area provided that the property owners supply the Zoning Officer with a written agreement, duly recorded with the Centre County Recorder of Deeds, for the erection of such structure.
(3) 
Accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in side and rear yards, provided that they shall not be placed closer than five feet to any lot line and shall not be placed closer than 50 feet to the cartway of any street.
Rear yard setback, except as provided for in Section c(3) above, all structures . . .
(a) 
Not abutting an alley: 15 feet.
Incentives Apply.
(b) 
Abutting an alley: 7.5 feet.
All required setbacks shall be planted according to land use intensity system.
(4) 
Exceptions to Setback and Buffer Yard Requirements. Any structure in existence at the effective date of this ordinance which does not conform to minimum setback or buffer yard requirements may be used for any use permitted in the UV District provided all other requirements are met. However, new or relocated exterior doorways or other means of building egress shall not be permitted along building walls adjacent to streets, alleys, driveways, or off-street parking areas unless the doorway or other means of egress itself is set back 7.5 feet or more from the edge of the street or alley right-of-way line or from the edge of the driveway or off-street parking area. When a change in use is proposed, any existing exterior doorway or other means of egress that does not meet the minimum setback as described above shall be relocated to achieve setback compliance before the change in use occurs. Buffer yard requirements shall be met to the greatest extent possible whenever the use of a building is changed from one use classification to another use classification permitted in the UV District.
d. 
Height. The maximum height of structures in this District, except as otherwise provided for in Section 503.d.(2), shall be:
(1) 
For any lot, or portion thereof, located within 75 feet of the northern boundary of the District, 65 feet, except that the maximum height of any portion of a structure located within 15 feet of an alley is limited to two stories, not to exceed 30 feet.
(2) 
For the remainder of the District, three stories, not to exceed 35 feet, except that the maximum height of any portion of a structure located within 15 feet of an alley is limited to two stories, not to exceed 30 feet.
e. 
Building Size. No building or group of attached buildings may be larger than 3,000 square feet in gross floor area. Basement areas are not included when calculating gross floor area. Incentives Apply.
f. 
Separation Between Buildings. Where two or more buildings are to be located on the same lot, the distance between said buildings shall be not less than 10 feet, measured at their closest point.
g. 
Nuisance Standards. All uses of land and structures shall be prohibited which:
(1) 
Produce heat, smoke, odors, dust or vibration which offends a person of reasonable sensibilities;
(2) 
Involve explosive materials or processes, or create special fire hazards;
(3) 
Produce glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting perceptible beyond the lot line;
(4) 
Produce electromagnetic radiation or radioactive emissions which exceed applicable local, state or federal standards;
(5) 
Produce noise levels which violate the State College Noise Ordinance (Chapter V, Part A of the Codification of Ordinances) or its successor;
(6) 
Air conditioners, ventilation, heating units and similar devices of eight tons or greater heating or cooling capacity that emit sound that is plainly audible beyond the property boundary, shall be required to apply current "best engineering practice for noise mitigation and control" sound mitigation techniques to reduce the sound to the extent feasible.
h. 
Outdoor Storage. All outdoor storage of fuel, raw materials and products, except finished products for retail sale to the public, shall be screened from view from any public right-of-way and residential zoning District by a sight-obscuring evergreen planting or a fence or wall constructed of wood, brick, stone or other approved equivalent material.
i. 
Lighting. Except as provided for herein, all outdoor lighting shall comply with Part K of this chapter. When outdoor areas are lighted (including parking areas), the fixtures, standards, and all exposed accessories shall be chosen to be in character with the design of neighboring buildings and streetscape. Backlit awnings and internally illuminated signs are prohibited in the UV zoning district.
j. 
Parking. Required parking for uses in the UV District may be provided on site, off site or through a combination of on and off site. When a change in use is proposed, the parking for the new use shall equal or exceed the amount of parking required for that use as listed in Section 2403.c. Any prior deficiency existing in the number of parking spaces provided for the former use shall not be credited or applied toward meeting the required parking for the new use.
Exception. Recognizing that two primary purposes of the UV District are to (1) create a village atmosphere with pedestrian-oriented uses and (2) provide opportunities for adaptive reuse of historic buildings along West College Avenue through uses that foster pedestrian orientation, and recognizing that parking is not needed for small-scale pedestrian-oriented restaurants, the following parking exception is created:
Cafes or restaurants within the UV District shall be exempted from providing parking, as required by Section 2403.c, provided the cafe or restaurant meets all of the following criteria:
The combined total number of all inside and outside seats does not exceed 50;
The floor area of the interior seating area does not exceed 700 square feet;
There are no exterior service windows for providing food or beverages;
Alcoholic beverages are not sold at the premises, but patrons may bring their own alcoholic beverages for consumption at the premises;
There shall be no more than one restaurant or cafe per lot; and
Hours open for business are restricted to between 6:00 a.m. and midnight.
Cafes or restaurants that do not meet all of the above criteria shall comply fully with parking, as required in Section 2403.c and the other provisions of Section 1927.j.
(1) 
Design and Access of Parking Areas.
(a) 
Except for perimeter planting (Section 2404.i), paving material (Section 2404.f), and parking areas that open directly onto an alley (Section 2406.b(9), all off-street parking areas shall comply with design standards of Part H of this chapter.
(b) 
Off-street parking areas, whether a primary or accessory use, must meet the buffer yard requirement according to the land use intensity system.
(c) 
In order to increase permeability to stormwater, off-street parking areas may be surfaced with brick, paver blocks, cobblestones, wood blocks or other similar material spaced not more than one inch apart. Incentives Apply.
(d) 
Use of alleys and shared driveways for access and egress to a lot is encouraged. Access from private streets shall be permitted only with the written approval of the owner of the private street. Location and number of access points shall otherwise conform to the requirements of Part H of this chapter. Incentives Apply.
(2) 
Off-Site Parking. The total number of parking spaces provided for a use in both on-and off-site parking areas shall not be less than the sum of spaces required for said use in Part H of this chapter. Off-site parking may not be located on any public right-of-way.
Off-site parking is permitted, provided the lot used for off-site parking is located within 400 feet of the commercial or retail use served or 900 feet of the residential use served. All distances shall be measured from the closest points of the lot used for the off-site parking and the lot containing the use or uses which the off-site parking serves.
All lots used for off-site parking shall be located in the UV, U or C Districts.
All lots used for off-site parking shall comply with the applicable design standards of this section and Part H of this chapter.
All off-site parking shall be and shall remain under the control of the owner or operator of the use which the off-site parking is intended to serve. On approval of a land development plan which relies on off-site parking to provide all or a portion of the required parking, the owner or operator of the said use shall execute and, where appropriate, record, in the Office of the Recorder of Deeds of Centre County, an appropriate covenant, deed, lease or other binding agreement that guarantees the availability of the off-site parking for the use or uses it is intended to serve. Said covenant, deed, lease or other binding agreement shall be approved by the Planning Department and noted on the land development plan prior to the recording of said land development plan.
k. 
Cap on Residential Use. Residential uses may be established anew or expanded within buildings that are, at the effective date of this ordinance, larger than 3,000 square feet in gross floor area (excluding basement floor area), provided all other applicable zoning regulations for the change in use or expansion of use are met. However, the maximum gross floor area (excluding basement floor area) permitted for residential use in such building shall not exceed 3,000 square feet plus 50% of the building's gross floor area in excess of 3,000 square feet.
Example:
5,000
square feet of gross floor area of existing building
-3,000
square feet
2,000
square feet in excess 3,000 square feet
x.5
1,000
square feet
+ 3,000
square feet
4,000
square feet residential use
l. 
Historic Properties. One of the principal purposes of the UV District is the preservation and restoration of the buildings located therein, which is part of the Holmes-Foster/Highlands National Register Historic District and which have been identified as having state and local historical significance.
(1) 
Notice Prior to Demolition, Removal or Razing. All owners of structures included in the Historic Resources of the Centre Region, prepared in 1982 by the Centre Regional Planning Commission, listed on the National Register of Historic Buildings or included as a contributing structure in an existing or formally proposed National Historic Register District, must give public notice prior to the demolition, removal or razing of such building or any portion thereof. This notice shall be given no less than 90 days prior to issuance of the permit for demolition. The notice of demolition shall be made to the adjacent property owners by United States' certified mail; posted on the property on which the structure is located (using a sign provided by the Borough); posted on the public bulletin board at the State College Municipal Building; and placed in the paper of general circulation within the Borough. The Applicant, before starting notice procedure, must schedule a meeting with the Zoning Officer to review the applicant's plans for the notice and provide a copy of the notice to the Zoning Officer. Following is a sample notice to be used:
NOTICE OF DEMOLITION OF A HISTORIC STRUCTURE
Public Notice is hereby given that this property has a building that is listed or eligible for listing on the National Register of Historic Places; is a contributing structure in a National Register Historic District; or is listed in the Historic Resources of the Centre Region prepared in 1982 by the Centre Regional Planning Commission and is proposed to be demolished in whole or in part. The property in which the Historic Structure is located is at ____________________, Tax Parcel Number ___________. The type of structure, or part thereof, to be demolished is ____________________. The purpose of this notice is to give the residents an opportunity to contact the owner and to point out other options to possibly prevent the demolition of a historic resource of the Borough of State College. It is the owner's intent to start demolition of this structure on
_____. For more information on this demolition, you can contact the Borough Zoning Officer at 118 South Fraser Street, State College, PA 16801 or by telephone (814) 234-7193, TDD (814) 234-7110. The owner's name and address are: ____________________.
m. 
Signs. See Section 127 of Chapter XV for sign regulations applicable in the UV.

§ 19-1928 Flexible Incentive Zoning.

[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1475, 8/29/1995, Sections 4 and 5]
Flexible Incentive Zoning (FIZ) was developed to create and preserve a community that benefits both residents and developers while maintaining the scale and character of the neighborhood. FIZ is a schedule of incentives that promotes the following neighborhood goals: historic preservation, compatibility of building scale and architectural character, landscape aesthetics and open space needs of the community.
Flexible Incentive Zoning is included in the UV District to encourage innovation and to promote flexibility, economy and ingenuity in development as stated in Article VI, Section 603(c)(5) of the PA Municipalities Planning Code.
a. 
Calculation of Flexible Incentive Zoning. The incentives for which any land development plan is eligible are determined by a point score based on the characteristics of the proposed land development plan or adapted building. The base development standards for this area are very strict; however, through the incentive schedule, these standards can be relaxed provided the proposed land development plan meets several criteria:
(1) 
Implementation. The FIZ system can be implemented by comparing the characteristics of a proposed land development plan to the FIZ Point Table, which awards points for specific characteristics including: architectural details, landscaping and open space, historic preservation and restoration, mixed use, improvements to enhance energy efficiency, and others. A maximum of 100 points may be earned through the FIZ.
Points will be awarded for new construction only where it is in keeping with the context of the block within which it is proposed. To achieve this contextual harmony, many design features can be employed, including: building silhouette and massing of form; location and treatment of openings (windows, doors); and facade material, scale and color.
Points may be awarded under the following categories:
Architectural Details;
Landscaping and Open Space;
Historic Preservation and Restoration;
Building Height and Scale;
Mixed Use; and
Utilities and Energy Efficiency.
For all categories, points awarded shall be determined by the State College Planning Department upon recommendation of the DRB. In determining the number of points to be recommended in each category, the DRB shall use the following method: each member present at the meeting at which a recommendation is made shall designate a point score for each of the above named categories on a form provided by the Secretary to the DRB. The Secretary shall determine the arithmetic mean for each category. The sum of these arithmetic means shall be the total number of incentive points awarded to a project.
An estimate of the number of points to be awarded will be made during the preliminary review required by Section 305.b(1) of this chapter. The number of points actually awarded will be determined during the review of the final plan required by Section 305.b(2) of this chapter.
The number of the incentive points awarded determines the level of benefit available to the developer. The developer may use these incentive points to modify building setbacks, buffer yards, building size, lot coverage and parking requirements, as provided for in the Benefit Schedule (Section 1930.i of this chapter).
All characteristics shown on the land development plan for which incentive points are awarded shall be maintained for a period of time that coincides with that of the use or successor use for which the bonus points were utilized. The approved land development plan shall contain a note so obligating the applicant and successors in title to maintaining the characteristics.

§ 19-1929 Land Development Plan Content, Review, Approval and Recording.

[Ord. 1448, 7/11/1994, Section 3]
All plans for land development in the UV District shall comply with the content, review procedure, approval and recording requirements established in Sections 305. a, b, c, and d of this chapter.

§ 19-1930 Flexible Incentive Zoning Point Table (Points Possible: 100 Points Maximum).

[Ord. 1448, 7/11/1994, Section 3; amended by Ord. 1475, 8/29/1995, Sections 6 and 11]
The zoning point table was developed as a mechanism to quantify how well a specific development proposal addresses the purposes and objectives of the UV District. In order to receive maximum points, and thereby maximum benefits, potential applicants are encouraged to review in detail the text of the UV District. A thorough understanding of the purposes and goals will aid the applicant in preparing a development plan that will receive maximum benefits.
a. 
Architectural Details. The incentives offered under FIZ can be earned by buildings and structures based upon the merit of their design as well as other standards. Structures can earn incentives in the form of reduced development standards based on design that provides continuity with the historic character of the neighborhood.
From zero to 20 points may be awarded for architectural details for new construction or renovation that is in keeping with the context of the block within which site and building are located. Examples of the types of architectural details for which a proposal may be awarded points include: porches, turrets, dormers, decorative millwork, window treatments (e.g. bay windows, picture windows, arched windows, bow windows), roof type and residential scale exterior light fixtures.
b. 
Landscaping and Open Space. State College is known for its abundance of mature trees and beautiful landscaping. In order to preserve and promote this characteristic, incentives have been developed to encourage increased landscaping and open space in the UV District.
Points are given for planting trees, retaining mature trees, planting decorative gardens and providing common open space accessible to all residents, employees or customers of a site. Tree retention shall follow guidelines in the State College Borough Municipal Tree Plan, adopted by the State College Borough Council.
From zero to 15 points may be awarded for site landscaping, including innovative treatment of buffer yards, planting of trees beyond that required in buffer yards, planting and maintaining decorative gardens, preservation of existing trees and providing common open space. Removal of existing trees may reduce point totals.
In order to receive points, common open-space areas must be of adequate size and acceptable location to ensure maximum use. Outdoor common spaces must have adequate access to sunlight; indoor common spaces must have adequate artificial lighting. Common open space must be accessible to people with disabilities. Examples of common open space for which points may be awarded include: outdoor seating, playgrounds and equipment.
Buffer yards may be used for passive recreation and may contain sculpture, furniture and pedestrian walkways, provided that no buffer yard material is eliminated, the total width is maintained and all other requirements are met.
c. 
Historic Preservation and Restoration. Among the most important goals of UV zoning is preservation of the historic character of buildings in the District. The greatest number of points is made available for the preservation or restoration of historic buildings, as defined in Section 1927.k, above, which meet Department of Interior standards.
From zero to 40 points may be awarded for the restoration or preservation and maintenance of a historic building which meet Department of Interior standards.
d. 
Mixed Use. From zero to 20 points may be awarded for any building which incorporates residential and at least one of the nonresidential uses permitted in the District.
e. 
Utilities. From zero to five points may be awarded for locating utilities underground, granting easements to the municipality for future underground relocation of utilities or for passive energy efficiency improvements that exceed the requirements of the current BOCA Building Codes, or successor codes, adopted by the State College Borough Council, providing the historic characteristics of architecture are maintained.
f. 
See table below.
Incentive Points
Benefit Schedule
Archi-tectural Details
Maximum Potential Points
Lot Coverage:
20
Building
Landscaping
Setbacks
Parking
Building Size
Landscaping and Open Space
15
25% maximum
35% maximum
Rear: 15' minimum Side: 20' total with no less than 7.5' minimum
See Part H of this Zoning Ordinance
3,000 square feet maximum
Historic Preservation
40
Mixed Use
20
Utilities
5
50% increase over base requirement
20% decrease
25% decrease but not less than 7.5'
25% decrease
50% increase over base requirement
Total Potential Points:
100
Each incentive point accrued entitles the applicant to a 1% modification to one of the base requirements within the above parameters. The cumulative modification available to any applicant may not exceed 100%. The applicant may assign his or her modifications to any combination of categories but may not exceed the maximum modification allowed in any single category. For example, an applicant accruing 100 points may increase his or her lot coverage and building size by 50% each or increase lot coverage by 30%, increase building size by 25%, decrease parking by 25%, and decrease landscaping by 20%.

§ 19-1950 Purpose and Authority.

[Ord. 1972, 8/15/2011, Section 2]
a. 
Purpose and Uses. The intent of this ordinance is:
(1) 
To support the adopted State College Borough Strategic Plan, Action Plan Goal 1, Objective B. Encourage home ownership by expanding current programs and exploring new programs;
(2) 
To support the adopted State College Borough Strategic Plan, Goal 4, Expand Housing Opportunities;
(3) 
To prevent overcrowding and deterioration of the limited supply of housing, and thereby promote the public health, safety and general welfare;
(4) 
To increase the number of owner-occupied and rental housing units for households with an income of 120% or less of Area Median Income;
(5) 
To support the Centre Region Comprehensive Plan's goal to provide a wide range of sound, affordable and accessible housing consistent with the fair share needs of each municipality in the Centre Region;
(6) 
To facilitate and encourage development and redevelopment that includes a range of housing opportunities through a variety of residential types, forms of ownership, home sale prices and rental rates;
(7) 
To support the objectives of the current State College Borough Consolidated Plan and the five-year Consolidated Plan by expanding housing opportunities for households making 50% to 120% Area Median Income;
(8) 
To work in partnership and support programs like State College Community Land Trust (SCCLT), Housing Transitions, Inc, and Temporary Housing Foundation to create additional housing opportunities; and
(9) 
To ensure affordable homeownership which is, a mortgage payment and housing expenses (principal, interest, taxes and insurance no greater than 30% of a family's gross month income, per the HUD definition.)
b. 
Authority. Provisions for the Inclusionary Housing Ordinance are intended to comply with the following Articles of the Municipal Planning Code.
(1) 
Article VI Zoning.
Section 603. Ordinance Provisions where:
(a)
Zoning ordinances should reflect the policy goals of the statement of community development objectives and give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.
(c)
Zoning ordinances may contain:
(5)
Provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act;
(6)
Provisions authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance;
(j)
Zoning ordinances adopted by municipalities shall be generally consistent with the municipal or multi-municipal Comprehensive Plan or, where none exists, with the municipal statement of community development objectives and the county Comprehensive Plan.
Section 604. Zoning Purposes. The provisions of zoning ordinances shall be designed:
(1)
To promote coordinated and practical community development and proper density of population.
Section 605. Classifications.
(3)
For the purpose of encouraging innovation and the promotion of flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act, and for the purpose of authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance.
(2) 
These regulations are enacted under the authority of the Pennsylvania Human Relations Act (Act of October 27, 1995, P.L. 744, as amended), which guarantees fair housing.
(3) 
Posting of the Fair Housing Practices Notice is required pursuant to the Pennsylvania Human Relations Act.

§ 19-1951 Inclusionary Units.

[Ord. 1972, 8/15/2011, Section 3; amended by Ord. 2022, 8/19/2013]
a. 
Applicability. This applies to all land development plans within all Zoning Districts that permit residential dwelling units, and for all of the following types of land development that contain six or more additional residential dwelling units shall also contain inclusionary units as determined by the calculation in paragraph b below: (Exception: Dwelling units that are owned, rented or leased by The Pennsylvania State University for the sole purpose of housing full-time enrolled students in the UPD Zoning district.)
(1) 
New residential construction, regardless of the type of dwelling unit.
(2) 
New mixed-use development with a residential component.
(3) 
Renovation of a multiple-family residential structure that increases the number of residential units from the number of units in the original structure.
(4) 
Conversion of an existing residential structure regardless of dwelling type to a multiple-family residential structure.
(5) 
Conversion of a nonresidential property to a residential property.
b. 
Calculation of Inclusionary Units. To calculate the minimum number of inclusionary units required in any land development listed in paragraph a., Applicability, above, the total number of proposed units shall be multiplied by 10%. If the product includes a fraction, a fraction of 0.5 or more shall be rounded up to the next whole number, and a fraction of less than 0.5 shall be rounded down to the next whole number. (See the table in paragraph Section 4a(8) for the percentage of the type of inclusionary units to be provided to specific qualified households.)
c. 
Alternatives to On-Site Construction of Inclusionary Units. The use of alternatives to on-site construction of inclusionary units in whole or in part will result in the same reduction in whole or in part of the bonus units permitted on site.
(1) 
Fee in-Lieu Inclusionary Housing.
(a) 
An applicant may pay a fee in-lieu constructing some or all of the required minimum number of inclusionary units required in any development listed in paragraph a, Applicability, above.
(b) 
Borough Council shall establish by resolution the amount of the fee-in-lieu payment per unit following written recommendation by the Borough Manager and adopt it as part of the Borough's schedule of fees. The per-unit amount shall be based on an estimate of the actual cost of providing an inclusionary unit using actual construction cost data, which shall include a consideration of land purchase costs. The per-unit amount shall be provided in accordance with the policy and procedures manual for administration of the program.
(c) 
All fee-in-lieu payments received pursuant to this ordinance shall be paid directly to the Borough and be used to further the Borough's mission of providing housing opportunities by purchasing, rehabilitating and selling homes in the Borough to income-qualified buyers and/or providing rentals to income-qualified renters. The Borough shall create and administer an Inclusionary Housing Fund for such payments.
(d) 
To determine the total fee-in-lieu payment, the per-unit amount established by the Borough shall be multiplied by at least 10% of the number of proposed units in the development pursuant to paragraph a, Applicability, above. For the purposes of such calculation, if 10% of the number of proposed units results in a fraction, the fraction shall not be round up or down. If the fee-in-lieu payment is made to substitute providing one or more of the required units, the calculation shall be prorated as appropriate.
(2) 
Off-Site Development. Inclusionary units otherwise required to be constructed as specified under paragraph a., Applicability, above, maybe constructed or rehabilitated off-site within the State College Borough. To determine the total number of off-site units, multiply the number of proposed units in the development by 10%. Applicant must obtain off-site development plan approval from the Borough at the same time the Applicant obtains plan approval for the proposed market-rate units within the covered development. The off-site development plan must include, among other land development plan requirements, documentation of site control, necessary financing in place to complete the off-site development or rehabilitation, architectural designs and elevations, and an Inclusionary Housing Development Agreement as required under Section 1952.a(3), below. As a condition of approval for the Applicant's off-site development, the Borough shall require that off-site inclusionary units shall be completed no later than completion of the Applicant's market-rate units. See Section 1952.e., Phasing of Inclusionary Units, for requirements of the off-site inclusionary units are not completed as required within the specified time frame as described in the Inclusionary Housing Agreement.
(3) 
Land Donation. Land within the State College Borough may be donated to the Borough or its assignee with the Borough's approval. The land value must be equal to or greater than the value of fee-in-lieu payment in paragraph c(1). The value of the land will be determined by an appraisal completed by a certified appraiser shall be submitted to the Borough. If the submitted appraisal is in question the value of the land will be determined as outlined in the policy and procedures manual.
(a) 
The land to be donated must meet all applicable zoning and land development standards to construct the required units.
(b) 
The land donation must occur prior to the completion of the market-rate units. See Section 1952.e. Phasing of Inclusionary Units, for requirements if the land donation is not completed as required within the specified time frame.
(4) 
Building and Land Donation. Building and Land within the State College Borough may be donated to the Borough or its assignee with the Borough's approval. The building and land value must be equal to or greater than the value of fee-in-lieu payment in paragraph c(1). The value of the building and land will be determined by an appraisal completed by a certified appraiser shall be submitted to the Borough. If the appraisal submitted is in question the value of the building and land will be determined as outlined in the policy and procedures manual.
(a) 
The land to be donated must meet all applicable zoning and land development standards to construct the required units.
(b) 
The building to be donated must meet all applicable building code and zoning requirements to construct the required units.
(c) 
The building and land donation must occur prior to the completion of the market-rate units. See Section 1952.e. Phasing of Inclusionary Units, for requirements if the building and land donation is not completed as required within the specified time frame.

§ 19-1952 Requirements for Inclusionary Units.

[Ord. 1972, 8/15/2011, Section 4; amended by Ord. 2089, 1/9/2017, Section 1]
a. 
General Requirements for Inclusionary Units. All covered projects must comply with the following requirements:
(1) 
Permitted Development Modifications. Developments that provide inclusionary units on-site will have the option to add one additional equivalent dwelling unit (bonus unit) for each inclusionary unit provided as part of the land development plan. The following provisions will be applied to any building on the site that contains inclusionary units within it. In order to be eligible for the following modifications, a minimum of 70% of the gross floor area within the building must be used as dwellings and related corridors and common areas for the dwellings.
[Amended by Ord. No. 2159, 6/7/2021]
(a) 
One-family dwelling and two-family dwelling.
(i) 
Reduction in lot size by 25%.
(ii) 
Lot width may be reduced to the extent needed to provide for all inclusionary units required and the allowable bonus units provided all setback requirements are met.
(b) 
Row dwelling or townhomes: seven units per row will be permitted.
(c) 
Multifamily dwellings.
(i) 
Off-street parking may be provided but is not required for any inclusionary unit.
(ii) 
Side yard requirements can be reduced to five feet.
(d) 
Inclusionary units may be up to 10% smaller than the market-rate units.
(e) 
Density restrictions (such as FAR, minimum lot area per unit, etc.) may be modified to the extent needed to accommodate all required inclusionary units and allowable bonus units.
(f) 
The overall height for buildings containing inclusionary multifamily dwelling units cannot exceed one additional story over and above the underlying zoning.
(2) 
Development Composition. Inclusionary units shall be mixed with, and not clustered together or segregated in any way from, market-rate units.
(3) 
Inclusionary Housing Development Agreement. Prior to the issuance of a zoning permit for any development in which inclusionary units are required, the applicant shall have entered into with the Borough an Inclusionary Housing Development Agreement, as defined in the Codification of Ordinances, Chapter XIX, Section 201, Definitions.
(4) 
Primary Place of Residence. Inclusionary units required under this ordinance shall be offered for sale or rent to a qualified household to be used for its own primary residence, except for units purchased by the Borough or its assignee.
(5) 
Phasing Plan. If the development plan, for which inclusionary housing is required, contains a phasing plan, the phasing plan shall provide for the development of inclusionary units concurrently with the market-rate units. No phasing plan shall provide that the inclusionary units built are the last units constructed.
(6) 
Bedroom mix. In order to ensure an adequate distribution of inclusionary units by household size, the bedroom mix of inclusionary units in any project shall be in the same ratio as the bedroom mix of the market-rate units of the project. The applicant may pursue altering this provision through a conditional use process as outlined below:
(a) 
Bedroom mix modification by conditional use.
(i) 
For a multifamily or mixed-use building project to be eligible for this conditional use the following conditions must be met:
aa.
The project includes multifamily housing of six more units.
bb.
The bedroom mix of the inclusionary units may be different from that of the market-rate units. However, equivalency in the total number of bedrooms required as a result of the 10% calculation for inclusionary units must be maintained. A calculation must be performed to identify how many total market-rate bedrooms would be included in the development. Ten percent of the total number of bedrooms must still be inclusionary; however, the bedroom mix by unit type may be modified as part of the conditional use. In order to meet this standard, the number of affordable units may necessarily need to be increased.
cc.
A preliminary land development plan is submitted.
dd.
A market analysis is submitted indicating that the demand for affordable housing in the Borough of State College, and greater Centre County region, is such that maintaining the same bedroom mix of affordable units as the market-rate units will not sufficiently meet demand for affordable housing. This analysis will, at a minimum, utilize housing cost burden information. The proposed bedroom mix by unit type must meet or exceed the recommendations contained in the submitted market analysis.
ee.
The inclusionary housing unit(s) will be leased by the unit.
Alteration of the bedroom mix for the inclusionary units will not result in additional bonus units for a project.
(ii) 
Conditional use application for this section may be submitted at the same time as the signature development project conditional use (§ 19-1809) or collegiate overlay project as a conditional use (§ 19-1813) and shall follow the requirements for hearing set forth within the State College Borough Zoning Ordinance.
(7) 
Like Units. Inclusionary units shall be like units with regard to number of bedrooms, amenities and access to amenities, but may differ from the market-rate units in a covered project with regard to interior amenities, provided that:
These differences, excluding differences related to size differentials, are not apparent in the general interior and exterior appearance of the project's units; and
These differences do not include insulation, windows, heating systems, and other improvements related to the energy efficiency and standard components, as defined by the Borough, of the project's units.
(8) 
Qualified Households. The sale or lease of inclusionary units shall be limited to households earning up to 120% of median income, adjusted for household size. See the following table for the percentage of inclusionary units to be provided to specific qualified households.
Percentage of Inclusionary Units for the Development
Population to be Served
For Sale Units
Rental Units
< 60% Area Median Income (AMI)
N/A
Minimum 50%
61-80% AMI
Minimum 50%
Minimum 25%
81-120% AMI
Maximum 50%
Maximum 25%
TOTAL
100%
100%
In instances where there are three inclusionary units for rent a minimum of one unit must be provided for each population to be served. In instances where there are less than three inclusionary units for rent a minimum of one unit for < 60% Area Median Income (AMI) must be provided at a commensurate price. In instances where there are less than three inclusionary units for sale a minimum of one unit for < 80% Area Median Income (AMI) must be provided at a commensurate price.
(9) 
Limitations.
(a) 
Priority given to residents of Centre County for a minimum of one year or employed by a business located in Centre County. Must be a United States citizen or have permanent resident alien status.
(b) 
Must use unit as principal place of residence.
(c) 
Except for student status, household income, asset limitations and the primary residency requirement as set forth herein, occupancy of any inclusionary unit shall not be limited by any conditions that are not otherwise applicable to all units within the covered project.
(d) 
A full-time student is defined as an individual enrolled in a post secondary program, college or university that is registered as an undergraduate according to the enrollment requirements where the student is enrolled.
(e) 
Students are eligible when they can provide proof they are:
(i) 
Graduate students.
(ii) 
Undergraduate students who are enrolled at least half-time, are not part of a household outside of the Inclusionary Housing Program (i.e., not a dependent of another individual) and who meet at least one of the following criteria:
1. 
Married.
2. 
Domestic partners, as defined herein.
3. 
Single parents who have at least 50% custody.
4. 
Veterans with a service-related disability as determined by the Veterans Administration.
5. 
Individuals who are receiving assistance under Title IV of the Social Security Act (i.e. TANF).
6. 
Individuals who are enrolled in a job training program receiving assistance under the Workforce Investment Act or under other similar federal, state or local laws.
(10) 
Final Number of Units and Pricing shall be determined as outlined in this ordinance and the policy and procedures manual.
b. 
Calculating Rents and Sales Prices. The following provision shall apply to the calculation of rents, selling prices and/or carrying charges of inclusionary units:
(1) 
Average Rent. Inclusionary rental units shall be rented at a price which, on average, is affordable for a household with an annual income that is no more than 65% of median income adjusted for household size.
(2) 
Average Sales Price. Inclusionary units for sale shall be sold at a price which, on average, is affordable for a household with an annual income that is no more than 90% of median income adjusted for household size.
(3) 
Unit/Household Size Pricing Calculation. In calculating the rents or carrying charges of inclusionary units, the following maximum relationship between unit size and assumed household size shall apply:
Efficiency units: one person household
One bedroom units: two person household
Two-bedroom units: three person household
Three-bedroom units: four person household
Four-bedroom units: five person household
Household size numbers used for price calculation will not be used to determine maximum legal occupancy of a dwelling unit. Maximum legal occupancy of a dwelling unit will be based on standards in the State College Zoning Ordinance for one- and two-family dwellings and in the Centre Region Building Safety and Property Maintenance Code for multifamily dwellings.
(4) 
Sales Price Calculation. With respect to inclusionary units offered for sale, prices will be calculated on the basis of:
An available fixed-rate, thirty-year mortgage, consistent with the average rate published from time to time, typically quarterly, by Freddie Mac or its equivalent.
A down payment of no more than 5% of the purchase price.
A calculation of property taxes.
A calculation of homeowner insurance.
A calculation of condominium or homeowner association fees.
Other monthly fees, as allowed by the Borough, such as monthly land lease fees.
(5) 
Rent Calculation. With respect to inclusionary units offered for rent, initial rents are calculated based on HUD Area Median Income (AMI) for the State College Metropolitan Statistical Area as follows: HUD publishes annual AMI data for one- to eight-person households. Maximum monthly rents would be 30% of designated AMI, divided by 12 based on the number of bedrooms, less the current utility allowance per the Housing Authority of Centre County. Any Owner who charges rent in violation of this provision shall refund excess to tenant.
c. 
Borough's Option to Purchase. The following provisions apply to the initial offering of inclusionary units for sale or rent:
(1) 
Notification. As a condition of land development approval, the developer shall notify the Borough or its assignee of the prospective availability of any inclusionary units at tire time the design and pricing are being established for such units.
(2) 
Initial Option. From the time of building permit issuance, the Borough or its assignee shall have an exclusive option for 120 days to enter into a purchase and sales agreement at or below the inclusionary unit pricing per Section 4. for each inclusionary unit offered for sale by the developer. The Borough may waive or assign this option.
(3) 
Waiver. If the Borough or its assignee fails to exercise its option for the inclusionary units, or if the Borough or its assignee declares its intent not to exercise its option, the developer shall offer the units for purchase or rent to households per Section 1952.a(8). If requested by the developer, the Borough or its assignee shall execute documents that may be recorded with the Centre County Office of Recorder of Deeds to evidence said waiver of the option.
(4) 
Time of Closing. Closing on inclusionary units purchased by the Borough or its assignee occurs on or after the time of issuance of the certificate of occupancy. If the Borough or its assignee fails to close on these inclusionary units, the developer shall offer the unit for purchase or rent to households per Section 1952.a(8).
(5) 
Transfer of Option. The Borough may assign its options under this section, in which event it shall notify the developer of the agency to which it has assigned the option, which agency shall deal directly with die developer, and shall have all of the authority of the Borough as provided under this section.
(6) 
Additional Option. At any point after the Initial Option period, c.(2) above, the developer may offer the inclusionary units to the Borough or its assignee for purchase at or below the inclusionary unit pricing per Section 4. The Borough or its assignee then shall have 30 days to enter into a purchase and sales agreement.
d. 
Continued Affordability Requirements. All covered projects shall comply with the following provisions to ensure continued affordability of inclusionary units provided under this ordinance and units required to be continually inclusionary hereunder.
(1) 
Ninety-Nine-Year Requirement. All inclusionary units shall remain inclusionary for a period of no less than 99 years commencing from the date of initial occupancy of the units.
(2) 
Affordability Instruments. Provisions to ensure continued affordability of inclusionary units shall be embodied in legally binding agreements and/or deed restrictions, which shall be prepared by the Borough and agreed to by the developer and upon execution, shall be recorded and filed.
(3) 
Resale Restrictions. The Borough shall require resale conditions in order to maintain the availability of inclusionary units in perpetuity be specified in the Affordability Instrument, including resale calculations.
(a) 
At the time of purchase, the owners of any inclusionary unit shall execute a Resale Restriction Agreement and Option to Purchase provided by the Borough, stating the restrictions imposed pursuant to this Resale Restrictions section, including but not limited to all applicable resale controls and occupancy restrictions. This Resale Restriction Agreement and Option to Purchase shall be recorded in the Centre County Office of Recorder of Deeds and shall afford the Borough or its assignee the right to enforce the declaration of restrictions.
(b) 
The Borough or its assignee shall be responsible for monitoring and facilitating the resale of inclusionary units. Any abuse in the resale provisions shall be referred to the Borough for action.
(4) 
Rent Increases. Provisions for continued affordability of inclusionary rental units shall limit annual rent increases to the percentage increase in the median household income within the State College Metropolitan Statistical Area (MSA), except to the extent that further increases are made necessary by hardship or other unusual conditions, as defined in the policies and procedures manual, and shall provide that no rent increase may take effect until it has received approval from the Borough in writing. Any Owner who charges rent in violation of this provision shall refund excess to tenant.
(5) 
Purchase Option. Provisions for continued affordability of inclusionary units shall provide that the Borough or its assignee shall have an exclusive option to purchase any inclusionary unit when it is offered for resale. The purchase option period and process shall be detailed in the Affordability Instrument.
e. 
Phasing of Inclusionary Units. Inclusionary units shall be made available for occupancy on approximately the same schedule as a covered project's market-rate units, except that certificates of occupancy for the last 10% of the market-rate units shall be withheld until certificates of occupancy have been issued for all of the inclusionary units or the land donation or land and building donation is complete. Where the Borough determines that completion of inclusionary units has been delayed for extraordinary reasons beyond the reasonable control of the Applicant, the Borough may, in its discretion, permit the Applicant to post a monetary bond and release one or more market-rate units. The amount of the bond shall be sufficient in the determination of the Borough Planning Department to assure completion of the inclusionary units.
A schedule setting forth the phasing of the total number of units in a covered project, along with a schedule setting forth the phasing of the required inclusionary units shall be established prior to the issuance of a building permit for any development subject to the provisions of this ordinance.
f. 
Certificate of Occupancy. No certificate of occupancy shall be issued for a covered project unless all inclusionary units within the covered project are eligible for a certificate of occupancy; except that with respect to covered projects to be constructed in phases, certificates of occupancy may be issued on a phased basis consistent with the provisions of paragraph e, Phasing of Inclusionary Units, above.
g. 
Enforcement. Violations of this ordinance shall be punishable as provided by Part I: Remedies, Penalties and Validity, of Chapter XIX, Zoning.
h. 
Policy and Procedures Manuals for Administration and the Marketing of Units for Sale and Rent. The State College Borough Planning Department shall provide an administrative manual for the execution of the inclusionary housing ordinance. This manual shall be followed by the applicant to provide the inclusionary units.
The marketing and sales and rents manual shall also be provided to establish requirements for this aspect of the program. Developers and their agents are expected to work closely and in cooperation with Borough staff to make the inclusionary marketing and sales process as efficient and equitable as possible.
These documents will include clarifying information and procedures when requested by the Borough. These procedures may be updated from time to time to increase the effectiveness of the inclusionary housing program.
i. 
Inability to Rent or Sell Inclusionary Units to Qualified Households. If the developer meets or exceeds the marketing requirements, referenced in paragraph h above, for a period of one year from final certificates of occupancy issuance, and is still unable to lease or sell inclusionary units to qualified households, the developer shall offer the inclusionary units to the Borough or its assignee for purchase per Section 4.c.(6). If the Borough or its assignee does not purchase the inclusionary units, the developer may pay the fee-in-lieu for the number of available inclusionary units. If the developer has met all the other requirements of this ordinance, this payment shall release the inclusionary units to market-rate units.
j. 
Administration. The State College Borough Planning Department shall administer and monitor activity under this ordinance and shall report periodically to the Borough Council, setting forth its findings, conclusions and recommendations for changes that will render the program more effective.
k. 
Fees. Fees to administer the program such as a monitoring fee, refinance fee, or resale fee, may be established by Borough Council resolution following written recommendation by the Borough Manager and adopted as part of the Borough's schedule of fees.

§ 19-2001 Exceptions, Additions and Modifications in All Districts.

[Ord. 559, 6/20/1959, Section 1201.7, 1201.10; Ord. 940, 8/9/1978, Section 4; amended by Ord. 973, 4/21/1980; Ord. 1056, 8/3/1983, Section 5; Ord. 1058, 9/14/1983, Section 2; Ord. 1073, 4/11/1984, Section 4; Ord. 1198, 2/8/1988, Section 22; Ord. 1549, 11/19/1997, Section 8; Ord. 1821, 11/9/2005, Section 10; Ord. 1913, 12/1/2008, Section 1; Ord. 2099, 8/21/2017, Section 2]
The provisions of this ordinance are subject to the following exceptions, additions or modifications:
a. 
Exceptions. The provisions of this ordinance shall not apply to any existing or proposed building, structure, use or extension thereof used or to be used by public utility corporations if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, decide that the present or proposed location of the building in question is reasonably necessary for the convenience and welfare of the public.
b. 
Prohibitions.
(1) 
No habitable vehicles or house trailer shall be used in any district as a temporary or permanent dwelling or for any trade or occupation, whether its wheels have been removed or it has been placed on a foundation, except when located in a trailer park.
(2) 
The keeping of fowl or livestock, except on tracts of 10 acres or more, provided that housing and shelter is not closer than 200 feet to a property line of the tract. Exception: The keeping of chicken hens at one-family homes is allowed pursuant to Section 501.1(7).
(3) 
Any process or assembly, manufacture or treatment constituting a nuisance by reason of odor, smoke, dust or noise and including, but not limited to, foundries, boiler works, smeltery plants; the manufacture or refining of asphalt, the manufacture or processing of cork, fertilizer, linoleum or oilcloth and glue or gelatin, the tanning and storage of raw hides and skins, abattoirs or slaughterhouses, and the manufacture of paint, oil and varnishes. This, however, shall not apply to exclude an industry, whether or not specifically mentioned, if such industry, after supplying satisfactory evidence to the Zoning Hearing Board, is certified by the Board to be free of the nuisance characteristics typical of its kind, by reason of special design of structure or innovation, in processes or like circumstances.
(4) 
The process or assembly, manufacture or treatment constituting an unusually hazardous use and including, but not limited to, such things as the manufacture of bulk storage or explosives and the manufacture or storage of illuminating gas or other explosives or poisonous gases, except as may be necessary and incidental to a permitted industrial process.
(5) 
The storage of crude oil or any of its volatile products or other inflammable liquids in aboveground tanks with capacity greater than 550 gallons, unless such tanks (up to and including ten-thousand-gallon capacity) are placed not less than 50 feet from all property lines; unless such tanks of more than ten-thousand-gallon capacity are placed not less than 100 feet from all property lines and are properly diked to provide a pooling capacity equal to 1 1/2 times the capacity of the tank or tanks surrounded.
(6) 
Junkyards (except for vehicle holding areas in the M districts), automobile wrecking yards; the storage, baling or treatment of junk, scrap, iron, rags, bottles and scrap paper; and the storage of second-hand lumber and other building materials for resale (except in established lumber or building material yards).
(7) 
Within utility easements, other than public utility structures, there shall be no structures, including fences nor any planting, other than grass or similar ground cover, nor any other obstruction above or below the surface of the land. This provision shall apply and shall be controlling in the event of a conflict with setbacks otherwise provided for herein.
(8) 
The operation of any business which has, as a substantial or a significant portion of its stock-in-trade obscene materials, as defined in the State Obscenity Code.
Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas, as herein defined, shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
c. 
Refuse Collection. All uses generating refuse must be served by refuse containers of adequate capacity in locations agreeable to the Borough of State College, as specified below. Existing properties without such containers are exempt from providing on-site areas for their storage as long as such properties are adequately served by other off-site refuse containers. On such existing properties, any space of adequate location and size, which could be used for future placement of a container, shall be reserved for such purpose.
(1) 
No building shall be hereafter constructed without providing locations on-site for adequate storage of all refuse produced on the site by the occupants, except as provided for in Subsection (3) below. No building or use may be expanded without provision for adequate on-site refuse containers or, if such space is unavailable at the time of enactment of this amendment, without agreement for off-site refuse storage as specified in Subsection (3) below.
(2) 
The location of the on-site refuse storage area shall be shown on the zoning permit application or site plan as part of the application for zoning approval. Placement of refuse containers shall be at a location acceptable to the Borough. In determining the size, number and location of refuse containers to be used, the following criteria shall apply:
(a) 
Size. The refuse containers and their sites shall be of a capacity determined by the Borough, which is adequate to contain all refuse generated by all of its users without requiring removal at times other than those regularly scheduled for the collection district in which the site is located.
(b) 
Location. The location of refuse containers shall be compatible with the Borough refuse pickup system serving the property. When dumpsters or other bulk refuse containers are used, such shall be placed in a location which provides access to the containers by the appropriate refuse collection vehicle. All such containers shall be located in areas which provide for the safe operation of refuse collection vehicles. Where deemed necessary by the Borough, adequate vehicle turn-around areas shall be provided on the site and, to the greatest extent possible, refuse containers shall be located to minimize the need for backing movements by said vehicle.
(3) 
Two or more property owners may consolidate their refuse storage at a common site, provided the size and location of the site complies with all relevant provisions of this section and other applicable Borough regulations. Said property owners shall enter into a legal Agreement specifying such site as their common refuse storage area in a manner and form acceptable to and recorded with the Recorder of Deeds, Centre County, Pennsylvania. A copy of the Agreement must be submitted to and approved by the Borough prior to recording.
d. 
Residency Or Occupancy. A resident or occupant of a dwelling unit shall have the right to invite to his dwelling unit such guests as he wishes, including overnight guests. However, it shall constitute a violation of this ordinance{290} if such overnight guest(s) so frequently remains in such unit overnight as to increase, for a majority of the nights during any consecutive period of 10 days, the number of persons beyond the maximum permitted to reside in or occupy that dwelling unit under the provisions of this ordinance. It shall be the duty of the owner, landlord, rental agent, Realtor and property manager of any dwelling unit to make the maximum residency or occupancy under the zoning ordinance known to tenants, in writing, on or before the time of leasing (or renting), and it shall be also the responsibility of occupants, residents and tenants to ascertain the maximum occupancy under this zoning ordinance.
e. 
Wireless Communications Facilities.
[Amended by Ord. No. 2167, 11/8/2021]
(1) 
Purposes.
(a) 
The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of State College (referred to herein as the "Borough"). While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities through the standards set forth in the following provisions.
(b) 
By enacting these provisions, the Borough intends to:
(i) 
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;
(ii) 
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;
(iii) 
Establish procedures for the design, siting, construction, installation, maintenance and removal of both telecommunications towers and non-tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;
(iv) 
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, small wireless communications facilities, cable Wi-Fi and other wireless communications facilities;
(v) 
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;
(vi) 
Promote the health, safety, and welfare of the Borough's residents.
(2) 
General and Specific Requirements for Non-Tower Wireless Communications Facilities.
(a) 
The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:
(i) 
Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted by right outside of the public rights-of-way in all zones subject to the restrictions and conditions prescribed by this § 19-2001.e(2) and generally applicable permitting by the Borough.
(ii) 
Eligible Facilities Request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
(iii) 
Nonconforming Wireless Support Structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming telecommunications towers and other nonconforming structures. Co-location of WCFs upon existing telecommunications towers is encouraged even if the telecommunications tower is nonconforming as to use within a zoning district.
(iv) 
Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(v) 
Wind and Ice. All non-tower WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
(vi) 
Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(vii) 
Public Safety Communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(viii) 
Radio Frequency Emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(ix) 
Removal. In the event that use of a non-tower WCF is to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs, or portions of WCFs, shall be removed as follows:
1) 
All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.
2) 
If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
(x) 
Insurance. Each person that owns or operates a non-tower WCF shall annually provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.
(xi) 
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors, arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(xii) 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
1) 
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2) 
Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.
3) 
All maintenance activities shall conform to industry maintenance standards.
(xiii) 
Timing of Approval.
1) 
Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application.
2) 
Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, and subject to applicable tolling procedures, the Borough shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
3) 
Within 60 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, and subject to applicable tolling procedures, the Borough shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.
(b) 
In addition to the requirements in § 19-2001.e(2)(a) above, the following regulations shall apply to all non-tower WCFs that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(i) 
Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 19-2001e.
(ii) 
Small WCF Exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 19-2001.e(2). Such small WCF shall be subject only to applicable permitting and the requirements of § 19-2001.e(3) and Chapter XVI, Part D, of the Borough Code.
(iii) 
Prohibited on Certain Structures. No non-tower WCF shall be located on a dwelling, except for a multiple dwelling.
(iv) 
Historic Buildings. No non-tower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Borough.
(v) 
Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough Fee Schedule and shall comply with the applicable requirements of the FCC.
(vi) 
Development Regulations.
1) 
All non-tower WCF applicants must submit documentation to the Borough justifying the total height of the WCF.
2) 
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(vii) 
Design. Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.
(viii) 
Removal, Replacement and Substantial Change.
1) 
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WCF or increase the number of antennas.
2) 
Any substantial change to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval as determined by the Borough.
(ix) 
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3) 
General and Specific Requirements for Telecommunications Towers.
(a) 
The following regulations shall apply to all telecommunications towers that do not meet the definition of a small WCF.
(i) 
Conditional Use Authorization Required. Telecommunications towers are permitted by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 19-2001.e(2).
1) 
Upon submission of an application for a telecommunications tower and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Borough Council along with the list of return receipts received.
2) 
Prior to the Borough Council's approval of a conditional use authorizing the construction and installation of telecommunications tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of Borough Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed telecommunications tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists. This test is also met when the WCF applicant demonstrates that the WCF is being proposed to densify an existing wireless network, introduce new services or otherwise improve service capabilities.
3) 
The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the telecommunications tower, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
4) 
The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
5) 
The conditional use application shall also be accompanied by documentation demonstrating that the proposed telecommunications tower complies with all state and federal laws and regulations concerning aviation safety.
6) 
Where the telecommunications tower is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Borough Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
7) 
Prior to the Borough's issuance of a zoning permit authorizing construction and erection of a telecommunications tower, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any zoning permit.
8) 
An application for a new telecommunications tower shall demonstrate that the proposed telecommunications tower cannot be accommodated on an existing or approved structure or building. Borough Council may deny an application to construct a new telecommunications tower if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[a] 
The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[b] 
The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[c] 
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[d] 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
9) 
The conditional use application shall also be accompanied by documentation demonstrating that the proposed telecommunications tower complies with all applicable provisions of this chapter.
(ii) 
Development Regulations.
1) 
Telecommunications towers shall not be located in, or within 50 feet of, an area in which all utilities are located underground, unless the WCF applicant proves to the satisfaction of the Borough that installing its facility in such a location is necessary to provide wireless service and that no other feasible alternative exists.
2) 
Telecommunications towers are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the requirements of this chapter:
[a] 
General Commercial District.
[b] 
Planned Industrial District.
[c] 
Commercial Incentive District.
3) 
Sole Use On a Lot. A telecommunications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district.
4) 
Combined with Another Use. A telecommunications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a] 
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[b] 
Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the telecommunications tower and guy wires, the equipment building, security fence, and buffer planting.
(iii) 
Design Regulations.
1) 
Height. One hundred fifty feet, measured from the average natural grade of the approved facility area to the top point of the telecommunications tower, except for locations above elevation 1,400 feet as shown on the appropriate U.S. Geological Survey Topographic Quadrangle mapping, in which case, the maximum height shall be 50 feet or the average height of the trees, measured from the average natural grade of the approved facility area to the top point of the telecommunications tower. In addition, the wireless communications facility must be of a concealed, camouflaged or stealth design that blends into the natural environment so as not to be seen or recognized. This includes "tree" poles, or architecturally screened antennas that can be attached to existing structures other than towers. Lighting shall be prohibited from these concealed towers and/or antennas.
2) 
Visual Appearance and Land Use Compatibility. Telecommunications towers shall employ stealth technology, which may include the tower portion to be painted brown or another color approved by Borough Council or shall have a galvanized finish. All telecommunications towers and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
3) 
Any proposed telecommunications tower shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
4) 
Any telecommunications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
5) 
Minimum Setbacks. As required in the applicable zoning district, except for the following: No telecommunications tower shall be located closer than 200 feet or 110% of the proposed telecommunications tower height, whichever is greater, from any existing property line of any lot containing a residential use, regardless of the zoning district in which the telecommunications tower and Accessory Equipment are located.
(iv) 
Surrounding Environs.
1) 
The WCF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
2) 
The WCF applicant shall submit a soil report to the Borough Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the telecommunications tower, and anchors for guy wires, if used.
(v) 
Fence/Screen.
1) 
A security fence (including security wiring) of approved design of not less than eight feet, and no greater than 10 feet, shall completely enclose the WCF. A fence of not less than eight feet and not greater than 10 feet shall also completely enclose the anchored locations of guy wires, if used.
2) 
The applicant shall submit a landscaping plan. Sites in which WCFs are located shall be required to comply with the following landscaping requirements:
[a] 
Landscaping and planting shall be provided for a minimum depth of 15 feet along all public rights-of-way abutting the lot where the telecommunications tower is located. COD (Corridor Overlay District) requirements shall take precedence over the fifteen-foot minimum landscaping requirement if a telecommunications facility is located within a COD.
[b] 
Landscaping, consisting of sight-obscuring trees and shrubs in accordance with the Buffer Yard C requirements, as specified in § 19-1927.b(6) of this chapter, shall be required at the perimeter of the security fences and the telecommunications facility. Existing wooded areas, tree lines and hedgerows adjacent to the facility shall be preserved and used to substitute or meet a portion of the buffer yard requirements.
(vi) 
Accessory Equipment.
1) 
Ground-mounted accessory equipment associated or connected with a telecommunications tower shall not be located within 50 feet of a lot in residential use.
2) 
Accessory equipment associated, or connected, with a telecommunications tower shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
3) 
Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna space on the telecommunications tower outside of the public ROW.
(vii) 
Standard of Care. Any telecommunications tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any telecommunications tower shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(viii) 
Additional Antennas. As a condition of approval for all telecommunications towers, the WCF applicant shall provide the Borough Council with a written commitment that it will allow at least two other service providers to co-locate antennas on telecommunications towers where technically and economically feasible. To the extent permissible under state and federal law, the owner of a telecommunications tower shall not install any additional antennas without complying with the applicable requirements of this § 19-2001.e(3)(a).
(ix) 
Eligible Facilities Request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
(x) 
FCC License. Each person that owns or operates a telecommunications tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(xi) 
Inspection. The Borough reserves the right to inspect any telecommunications tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(xii) 
Wind and Ice. Any telecommunications tower shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the Engineering Department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).
(xiii) 
Public Safety Communications. No telecommunications tower shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(xiv) 
Maintenance. The following maintenance requirements shall apply:
1) 
Any telecommunications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair, or replacement.
2) 
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize industry standard technology for preventing failures and accidents.
(xv) 
Radio Frequency Emissions. A telecommunications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(xvi) 
Signs. All telecommunications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
(xvii) 
Lighting. No telecommunications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.
(xviii) 
Noise. Telecommunications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(xix) 
Storage. The storage of unused equipment, materials or supplies is prohibited on any telecommunications tower site.
(xx) 
Timing of Approval. Within 30 calendar days of the date that an application for a telecommunications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for telecommunications towers shall be acted upon within 150 days of the receipt of an application for the approval of such telecommunications tower, subject to applicable tolling procedures, and the Borough Council shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.
(xxi) 
Nonconforming Uses. Nonconforming telecommunications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
(xxii) 
Removal. In the event that use of a telecommunications tower is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
1) 
All unused or abandoned telecommunications towers and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.
2) 
If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
3) 
Any unused portions of telecommunications towers, including antennas, shall be removed within 90 days of the time of cessation of operations. The Borough must approve all replacements of portions of a telecommunications tower or pole facility previously removed.
(xxiii) 
Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a telecommunications tower, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.
(xxiv) 
Insurance. Each person that owns or operates a telecommunications tower shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the telecommunications tower.
(xxv) 
Indemnification. Each person that owns or operates a telecommunications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the telecommunications tower. Each person that owns or operates a telecommunications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of telecommunications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(xxvi) 
Engineer Signature. All plans and drawings for a telecommunications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(4) 
Regulations Applicable to Aall Small Wireless Communications Facilities.
(a) 
Small WCFs are permitted by administrative approval from the Borough of State College in the rights-of-way of all Borough zoning districts, subject to the requirements of Chapter XVI, Part D, and all applicable permitting as required by the Borough Code.

§ 19-2002 Temporary Use Provision for Fraternities.

[Ord. 1079, 4/11/1984, Section 2; Ord. 1961, 2/7/2011, Section 2]
a. 
Any building that is legally being used as a fraternity house and such building is located in a zoning district where rooming house is not a permitted use or is located in the ROA zoning district, may be used as a rooming house on a temporary basis up to a maximum of two years subject to all of the following criteria and standards:
(1) 
The building's ownership entity has closed the fraternity house because of disciplinary or behavioral problems caused by house members and the fraternity's alumni corporation intends to re-colonize the fraternity house within two years following the date of closure.
(2) 
The building has an uninterrupted history of being used as a fraternity house for a period of at least five years preceding the temporary use application.
(3) 
A zoning permit authorizing the temporary use of the property as a rooming house is obtained. The application shall be authorized by the fraternity's alumni corporation and must be approved by the building's ownership entity when different from the alumni corporation.
(4) 
The zoning permit must be applied for within 120 days of the building's closure. Thereafter, eligibility for the temporary use permit is lost.
(5) 
The maximum time that the building may be used as a rooming house shall be two years. The time period shall commence on the date that the temporary use permit is issued.
(6) 
The building must be vacant at the time when the zoning permit is issued. Once closed no residents, except for a single resident caretaker, may occupy the building until the building is duly licensed as a temporary rooming house or its status as a fraternity house is resumed or it is otherwise changed to a legal land use in the zoning district.
(7) 
Once converted to a rooming house, the building ownership entity shall retain oversight in managing the property and shall appoint one or more persons, who is not a college or university student (either graduate or undergraduate), to be a resident manager in charge of the rooming house. Such person or persons shall reside within the building and shall be readily available to address any problems at the premises.
(8) 
Rooming house residency shall be contingent upon the terms of a lease with the building ownership entity entered into individually by all tenants. The term of such lease shall not exceed the duration of the temporary use permit. A copy of the lease shall be made available to the Borough of State College upon request.
(9) 
Once converted to a rooming house, should offenses occur that result in the property being identified as a "Problem Property" under the permit suspension provisions within Section 806 of the Centre Region Building Safety and Property Maintenance Code (most current edition as adopted by the Borough), the temporary use permit shall be revoked and immediate steps shall be taken by the building ownership entity to have the building vacated and closed. Continued residential occupancy of the building as a rooming house shall constitute a zoning violation. (The term "Problem Property" is used in the Centre Region Building Safety and Property Maintenance Code to describe a rental property that has accumulated five or more points within a one-year period.)
(10) 
The number of persons allowed to reside in a rooming house under this temporary use provision, including those in the ROA district, shall not exceed the maximum number of persons that legally resided in-the fraternity house at any given time during the five year period immediately preceding the date of the temporary use application. Such occupancy is further contingent upon compliance with applicable building, property maintenance, and fire codes. (Occupancy of a building in the ROA district operating as a rooming house under this temporary use provision is not bound to the five person limit established in Section 1152 of the zoning ordinance, and defaults to the above mentioned standards.)
(11) 
Under this temporary use provision, existing parking at the fraternity house shall be deemed sufficient in number and standard to satisfy off-street parking required for the temporary use. Existing parking spaces shall be used exclusively as an accessory use to the rooming house. Renting parking spaces or otherwise providing them to nonresident users, except for short-term parking by house visitors, is expressly prohibited.
(12) 
A building shall only be eligible for a temporary use permit once every five years. The five-year period shall commence upon expiration of the preceding temporary use permit.