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Upland City Zoning Code

ARTICLE X

Waterfront Mixed Use District

§ 185-1000 Purposes.

The purposes of this district are to utilize the unique characteristics and opportunities of the Chester Creek waterfront by protecting the riverbank, limiting the size and scope of development, preserving scenic views and areas, maintaining and diversifying recreational opportunities, as well as limited commercial and community-related activities. Standards are provided to assure well-balanced development that is limited in size and scope and to limit impacts such as those of traffic and noise and to preserve historic and natural features.

§ 185-1001 Uses permitted by right.

Land, buildings or premises shall be used by right for only one or more of the following uses:
A. 
Community or civic facility, such as a senior recreation center.
B. 
Waterfront restaurant or similar eating place, sit-down or take-out.
C. 
Waterfront retail or service establishment, as defined in Article II.
D. 
Historic or environmental learning center or similar cultural or educational facility.
E. 
Museum.
F. 
Artisan studio and gallery, as defined in Article II.
G. 
Park or recreation area.
H. 
Apartments, provided that they are located above ground with parking beneath.

§ 185-1002 Uses by special exception.

The following uses shall be permitted only by special exception, subject to the applicable provisions of Article XIX:
A. 
Marine retail, as defined in Article II.
B. 
Office building.
C. 
Hotel and motel, subject to § 185-1907.
D. 
Community correctional facility.

§ 185-1003 Accessory uses and structures.

A. 
Monuments.
B. 
Any accessory use on the same lot and customarily incidental to the permitted uses above (in §§ 185-1001 and 185-1002) and not detrimental to the neighborhood in terms of impacts such as noise, traffic congestion, smoke, and similar impacts noted in Article XXII, Performance Standards.

§ 185-1004 Area and bulk regulations.

Unless noted otherwise, the following shall be minimum requirements:
Standard
Size
Lot area
No minimum required
Lot width
No minimum required
Building coverage
60%, maximum
Impervious surface
80%, maximum
Front yard
35 feet
Side yards
25 feet
Rear yard
25 feet
Height
30 feet, maximum

§ 185-1005 Special development regulations.

A. 
Buildings may be constructed in a detached or attached fashion.
B. 
Public access.
(1) 
Public access to the water, as defined in Article II, may be provided by a property owner or developer of waterfront property. Where provided, such access shall be via a walkway to Chester Creek.
(2) 
Such access shall be in form of a pathway intended primarily for pedestrians but with the capacity to accommodate bicycles.
(3) 
Such walkway shall be not less than six feet wide.
(4) 
Maintenance of the walkway shall be the responsibility of either the owner/developer or may be dedicated to the Borough. In order for the Borough to accept dedication, the walkway must comply with local standards for such walkways. The Borough shall establish such standards in accordance with the recommendations of the Borough Engineer.
C. 
Bonuses for providing public access.
(1) 
Owners or developers of commercial uses who provide public access as per § 185-1005B above shall be permitted an increase in building coverage of 10% over that permitted in § 185-1004 above, of which impervious surface 70% may be devoted in building coverage.
D. 
Bonuses for reuse of historic resources. Owners or developers of historic properties and buildings that are on the National Register of Historic Places, or have been determined to be eligible for National Register status, who reuse these buildings or properties with uses permitted in §§ 185-1001 and 185-1002 shall be permitted either a five-percent increase in density or an increase in impervious surface/building coverage as noted in § 185-1005C, whichever is the more appropriate bonus. The Borough Planning Commission, upon consultation with the Borough Engineer, shall determine which bonus shall be permitted.

§ 185-1006 Views.

A. 
The Borough shall identify view corridors toward Chester Creek, as defined in Article II.
B. 
In cases where proposed structures would obstruct or obscure the view in defined view corridors, the owner or applicant shall modify the location, height or other feature of such proposed structure to prevent or mitigate potential obstructions of view.
C. 
Structures shall not be placed at the riverfront terminus of public streets.