West Chester City Zoning Code
ARTICLE IV
Overlay Districts
§ 112-401 HO-60 Height Option Overlay District.
Standards to increase height to a maximum of 60 feet in the HO-60 Height Option Overlay District.
A.
A proposed building, structure or part thereof in excess of 45 feet and up to 60 feet within the HO-60 Overlay District as shown on the Zoning Map and Height Option Overlay Map[1] and the parcel the building is constructed on shall comply with the standards set forth in this § 112-401.
[1]
Editor's Note: Said maps are included in the online version of the Code of Borough of West Chester (eCode360®). Said maps are also on file in the Borough offices.
B.
In order to increase the height of a building, other structure or any portion thereof from 45 feet up to 60 feet, the following standards and criteria shall be met:
(1)
Building uses.
(a)
First-floor/ground-floor use. Except for buildings which are used as public parking garages which are permitted as governmental uses or municipal uses, the first floor/ground floor of all buildings shall:
[1]
Be used to promote a continuation and continuity of retail shops and stores, restaurants, personal service shops, indoor motion-picture theaters, lobbies and reception spaces, and, where applicable, comply with the provisions of the Retail Overlay District within the Town Center District as set forth in this chapter.
[2]
Not be used for funeral homes.
(b)
Parking.
[1]
If parking is located in or under the building, any access driveway leading to such parking shall not be wider than 24 feet in width.
[2]
If parking is located in or under the building, the parking facility and access driveway leading to such parking facility shall not be greater than 50% of the building frontage, except for public parking garages which are permitted as governmental uses or municipal uses.
(2)
Lighting.
(a)
All lighting shall have a shield or diffuser to prevent trespass glare and visibility of the light source from a public street and alley.
(b)
No lighting shall have any blinking, flashing, pulsing or other moving lights or other illuminating device or beacon which has a changing light intensity, brightness or color.
(c)
All lighting shall be in accordance with the latest standards of the Illuminating Engineering Society of North America (IES).
(3)
Pedestrian amenities and public art.
(a)
Pedestrian plazas, courtyards, entrance courts, outdoor cafe spaces, brick sidewalks of at least six feet in width, benches, arbors, pergolas, fountains, low stone walls and the like shall be used to promote a human scale and greater attractiveness to the proposed development. Such features shall be computed as part of the applicable minimum green area requirements set forth in this chapter.
(b)
All required street trees along the building frontages shall be of a caliper of at least 3 1/2 inches. All such trees shall be limbed-up to have a clear area free of branching above the sidewalk of at least seven feet and shall be subject to approval of the Borough Tree Commission and the Borough Council.
(c)
All required street trees shall be selected from a list of species approved by the West Chester Borough Tree Commission and the West Chester Borough Urban Forester. The list of approved street trees is available at the Borough offices, Department of Building, Housing, and Code Enforcement.
(d)
The applicant shall be required to incorporate public art into the design of the building or as part of the outdoor pedestrian space. The public art shall conform to general guidelines established by the Borough's Public Art Commission, which are available at the Borough offices, Department of Building, Housing, and Code Enforcement. The applicant shall meet with the Public Art Commission for review of and recommendations on the specific type and location of public art proposed by the applicant. The Public Art Commission shall advise Borough Council whether or not the proposed public art complies with the guidelines.
(4)
Conservation performance standards.
(a)
All new buildings over 45 feet shall be designed, constructed and maintained, at a minimum, to earn and comply with the GOLD certification level based on the standards for such certification included in the document attached hereto as Appendix A, titled West Chester Sustainable Certification Program, which is hereby adopted as part of this chapter and incorporated herein by reference.[2]
[2]
Editor's Note: Said appendix is on file in the Borough offices.
(5)
Architectural design standards.
(a)
The following architectural design standards shall be met for buildings where the height of the building is proposed to be over 45 feet up to 60 feet:
[1]
The Design Guidelines for the West Chester Historic District, July 2002, as may be amended from time to time, shall be used for elements including but not limited to massing, scale, proportion, rhythm, building materials, roofs, building placement, building width, windows and streetscapes.
[2]
If a new building has a flat roof, then it shall have a wraparound parapet wall sufficient in height to screen the building's mechanical and other rooftop equipment from view from public streets.
[3]
All rooftop mechanical equipment and structures shall be screened from view from public streets.
[4]
The HO-60/HO-75 Supplementary Design Guidelines, which are attached to this chapter as an appendix, shall apply.[3]
[3]
Editor's Note: Appendix C, HO-60/HO-75 Supplementary Design Guidelines, is included as an attachment to this chapter.
(b)
Within the Retail Overlay District, not less than 35% of the street wall of the building shall abut the street line. The remaining street line shall incorporate a combination of architectural and landscape elements such as, but not limited to, columns, piers, fences, hedges, pergolas, low walls, street trees and other pedestrian amenities and public art as provided in this § 112-401.
(c)
The maximum building coverage shall be 85%.
(6)
Historic preservation standards.
(a)
The applicant shall make every effort to retain existing contributing resources located on the subject property and incorporate them into the new use of that property. The applicant shall demonstrate this effort to the Borough Council as part of land development approval.
[1]
A "contributing resource" is defined as being a resource that is listed as contributing, as defined by the National Register of Historic Places Standards, in the West Chester Borough Historic Resource Inventory of 2003, as amended, and that is shown to be a contributing resource on the accompanying Historic Resource Inventory Map.
[2]
A "noncontributing resource" is defined as being a resource that is listed as noncontributing, as defined by the National Register of Historic Places Standards, in the West Chester Borough Historic Resource Inventory of 2003, as amended, and that is shown to be a noncontributing resource on the accompanying Historic Resource Inventory Map.
(b)
If permission is granted to demolish a contributing resource by Borough Council, then, unless otherwise required by another code of the Borough, no resources shall be demolished until the building permits for new construction and financing for the entire project are secured and documented and the following is completed and filed, when appropriate, with the Borough Council:
[1]
A full historic documentation of the resources and the property shall be prepared by the applicant according to the Historic American Building Survey (HABS) guidelines and provided to the HARB and Borough Council with a copy to the Chester County Historical Society (CCHS) and a letter to the Pennsylvania Historical and Museum Commission (PHMC) informing it that such documentation is available; and
[2]
A plaque or marker shall be provided by the applicant relating the history of the resources. The plaque or marker shall contain accurate information about the history of the resources which has been approved by HARB and the Borough Council and shall be placed at a location on the site that is recommended by HARB and approved by Borough Council.
C.
All applications for buildings with a building height over 45 feet and up to 60 feet shall include the following additional materials:
(1)
A written report that describes the intent of the architectural design of the proposed building(s) and the manner in which the proposed building(s) have a context-sensitive fit into the historic block, streetscape and neighborhood of the development.
§ 112-402 HO-75 Height Option Overlay District.
Standards to increase height to a maximum of 75 feet in the HO-75 Height Option Overlay District.
A.
Any proposed building, structure or part thereof in excess of 35 feet and up to 75 feet or any portion thereof within the HO-75 Overlay District and the parcel the building is constructed on shall comply with the standards set forth in this § 112-402.
B.
In order to increase the height of a building, other structure or any portion thereof from 35 feet up to 75 feet, the following standards and criteria shall be followed:
(1)
Building uses.
(a)
First-floor/ground-floor use. Except for buildings which are used as public parking garages which are permitted as governmental uses or municipal uses, the first floor/ground floor of all buildings shall:
(b)
Parking.
[1]
If parking is located in or under the building, any access driveway leading to such parking shall not be wider than 24 feet in width.
[2]
If parking is located in or under the building, the parking facility and access driveway leading to such parking facility shall not be greater than 50% of the building frontage, except for public parking garages which are permitted as governmental uses or municipal uses.
(2)
Lighting.
(a)
All lighting shall have a shield or diffuser to prevent trespass glare and visibility of the light source from a public street and alley.
(b)
No lighting shall have any blinking, flashing, pulsing or other moving lights or other illuminating device or beacon which has a changing light intensity, brightness or color.
(c)
All lighting shall be in accordance with the latest standards of the Illuminating Engineering Society of North America (IES).
(4)
Signage. The sign regulations in this chapter shall apply to all buildings which exceed 35 feet, except that:
(a)
For buildings from 35 feet up to 75 feet in height, the size of a wall sign or projecting sign shall not exceed 15% of the total wall area of the building or 10% of the total wall area of the building for illuminated signs, provided that, in either case, no wall sign shall exceed 64 square feet.
(b)
Ground signs and pole signs shall not exceed 40 square feet in area.
(5)
Pedestrian amenities.
(a)
Pedestrian plazas, courtyards, entrance courts, outdoor cafe spaces, brick sidewalks of at least six feet in width, benches, arbors, pergolas, fountains, low stone walls and the like shall be used to promote a human scale and greater attractiveness to the proposed development. Such features shall be computed as part of the minimum green area requirement set forth in this chapter.
(b)
All required street trees along the building frontages shall be of a caliper of at least 3 1/2 inches. All such trees shall be limbed-up to have a clear area free of branching above the sidewalk of at least seven feet and shall be subject to approval of the Borough Tree Commission and the Borough Council.
(c)
All required street trees shall be selected from a list of species approved by the West Chester Borough Tree Commission and the West Chester Borough Urban Forester. The list of approved street trees is available at the Borough offices, Department of Building, Housing, and Code Enforcement.
(6)
Conservation performance standards.
(a)
All new buildings over 35 feet shall be designed, constructed and maintained, at a minimum, to earn and comply with the GOLD certification level based on the standards for such certification included in the document attached hereto as Appendix A, titled West Chester Sustainable Certification Program, which is hereby adopted as part of this chapter and incorporated herein by reference.[1]
[1]
Editor's Note: Said appendix is on file in the Borough offices.
(7)
Architectural design standards. The following architectural design standards shall be met for buildings where the height of the building is proposed to be over 35 feet up to 75 feet:
(a)
The Design Guidelines for the West Chester Historic District, July 2002, as may be amended from time to time, shall be used for elements including but not limited to massing, scale, proportion, rhythm, building materials, roofs, building placement, building width, windows and streetscapes.
(b)
If a new building has a flat roof, then it shall have a wraparound parapet wall sufficient in height to screen the building's mechanical and other rooftop equipment from public streets.
(c)
All rooftop mechanical equipment and structures shall be screened from view from public streets.
(d)
The HO-60/HO-75 Supplementary Guidelines, which are attached to this chapter as an appendix, shall apply.[2]
[2]
Editor's Note: Appendix C, HO-60/HO-75 Supplementary Design Guidelines, is included as an attachment to this chapter.
(8)
Historic preservation standards.
(a)
The applicant shall make every effort to retain existing contributing resources located on the subject property and incorporate them into the new use of that property. The applicant shall demonstrate this effort to the Borough Council as part of land development.
[1]
A "contributing resource" is defined as being a resource that is listed as contributing, as defined by the National Register of Historic Places Standards, in the West Chester Borough Historic Resource Inventory of 2003, as amended, and that is shown to be a contributing resource on the accompanying Historic Resource Inventory Map.
[2]
A "noncontributing resource" is defined as being a resource that is listed as noncontributing, as defined by the National Register of Historic Places Standards, in the West Chester Borough Historic Resource Inventory of 2003, as amended, and that is shown to be a noncontributing resource on the accompanying Historic Resource Inventory Map.
(b)
If permission is granted to demolish a contributing resource by Borough Council, then, unless otherwise required by another code of the Borough, no resources shall be demolished until the building permits for new construction and financing for the entire project are secured and documented and the following is completed and filed, when appropriate, with the Borough Council:
[1]
A full historic documentation of the resources and the property shall be prepared by the applicant according to the Historic American Building Survey (NABS) guidelines and provided to the HARB and Borough Council with a copy to the Chester County Historical Society (CCHS) and a letter to the Pennsylvania Historical and Museum Commission (PHMC) informing it that such documentation is available; and
[2]
A plaque or marker shall be provided by the applicant relating the history of the resources. The plaque or marker shall contain accurate information about the history of the resources which has been approved by HARB and the Borough Council and shall be placed at a location on the site that is recommended by HARB and approved by Borough Council.
C.
All applications for buildings with a building height over 35 feet and up to 75 feet shall include the following additional materials:
(1)
A written report that describes the intent of the architectural design of the proposed building(s) and the manner in which the proposed building(s) has a context-sensitive fit into the historic block, streetscape and neighborhood of the development.
(2)
Plans, conceptual building elevations, diagrams, photographs and other data sufficient to demonstrate compliance with the standards set forth in this § 112-402.
(3)
An impact assessment report which is prepared in accordance with this chapter to address mitigation measures pertaining to such impacts as traffic, infrastructure, environmental resources, contributing resources and historic resources.
§ 112-403 Cultural Use Overlay District.
The boundaries of the CU Overlay District are depicted on the Overlay Districts Map.[1]
A.
Purpose. The purpose of this district is to allow the adaptive reuse of certain buildings and structures located in the NC-2 District and the Town Center District for certain cultural uses which promote the arts, drama, music, dance, science and history.
B.
Uses. In addition to the underlying uses which are permitted in the NC-2 District and in the Town Center District, an existing building which is located in the West Chester Downtown Historic District as identified and listed in the National Register of Historic Places Inventory may be adaptively reused for a cultural use by conditional use subject to compliance with the regulations of this § 112-403 and other applicable provisions of this chapter.
C.
Design standards for the adaptive reuse of an existing building in the Cultural Use Overlay District.
(1)
Lighting.
(a)
All lighting shall have a shield or diffuser to prevent trespass glare and visibility of the light source from a public street and alley, or neighboring residential property.
(b)
No lighting or signage shall have any blinking, flashing, pulsing or other moving lights or other illuminating device or beacon which has a changing light intensity, brightness or color.
(2)
Parking. The number of existing on-site parking spaces shall be maintained. No additional parking shall be required unless the existing building is enlarged by a building addition, in which case one parking space shall be added for every 850 square feet of additional floor area.
(3)
Landscaping. Any part or portion of the lot which is not used for buildings, structures, loading and parking spaces, driveways and sidewalks shall be planted with an all-season ground cover.
(4)
Pedestrian amenities. Sidewalks in accordance with Chapter 97, Subdivision and Land Development, of the Borough Code shall be maintained along the street frontage of the property.
(5)
Signs. The sign regulations in this chapter shall apply, except that:
(a)
A building with a cultural use may have one projecting sign not to exceed 32 square feet in area. The sign may be two-sided and may be illuminated, either inside or outside; however, the illumination cannot be blinking, flashing or moving in any fashion.
(b)
A cultural use may have one ground sign not to exceed 32 square feet in area.
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
§ 112-404 Professional Office Overlay District.
A.
Professional offices are permitted in the Professional Office Overlay District as follows:
(1)
In the NC-1 District, conversion of an existing building to professional offices is permitted in accordance with this section.
(2)
In the NC-2 District, professional offices shall be limited to the conversion of existing buildings for office use with a maximum of two dwelling units. Construction of new office buildings shall be prohibited; provided, however, that any professional office which may become damaged or destroyed by fire or otherwise shall be reconstructed in the form it existed prior to such occurrence so as to recreate the character of the building. Alterations and additions shall be in complete conformance with the applicable area and bulk regulations.
B.
All plans for conversions to professional office use shall be accompanied by a landscaping plan and an impact assessment report in accordance with this chapter.
C.
D.
Parking. One for every 750 square feet of gross floor area in the TC and Professional Office Overlay Districts; in any other district, one for every 350 square feet of floor area.
E.
Signs. Signs for uses in the Professional Office Overlay District: sign shall not exceed 12 square feet.
§ 112-405 Retail Overlay District (ROD).
A.
The portion of the Town Center District, as shown on the Retail Overlay District Map,[1] in which pedestrian-oriented frontage shall be created and maintained on the first floor/ground floor of buildings.
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
C.
The use regulations for the Retail Overlay District (ROD) shall apply to the first 35 feet in depth of the first floor/ground floor of buildings located in the ROD, as shown on the Overlay District Map.[2]
[2]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
§ 112-406 Government Use Overlay District.
B.
In the Government Use (GU) Overlay District, the conditional use standards for the height of any building or structure in the Town Center HO-60 Overlay District shall be modified. The following regulations shall apply in the GU District:
C.
The following area and bulk regulations shall apply to a governmental use:
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width at building line: 50 feet.
(3)
Minimum front yard: 10 feet.
(4)
Minimum depth of rear yard: 10 feet.
(5)
Minimum width of side yard: 10 feet.
(6)
Maximum building coverage: 85%.
(7)
Maximum impervious coverage: 90%.
(8)
Minimum green area: 10%.
§ 112-407 Institutional Overlay District.
A.
Purpose. The purpose of the Institutional Overlay (IU) District is to recognize that certain institutional uses, such as personal care homes, assisted living facilities, skilled nursing facilities, housing for the elderly, educational uses and religious uses, exist in the NC-2 District and can be maintained without disturbing the quiet enjoyment of the residential neighborhood. The IU Overlay District allows various institutional uses to be maintained and, if necessary, redeveloped using the entire district as the applicable tract for purposes of determining area and bulk requirements and parking.
B.
Uses. In addition to the underlying uses which are permitted in the NC-2 District, a unified institutional development may be permitted by right in the Institutional Overlay District subject to compliance with the area and bulk regulations of this § 112-407 and other applicable provisions of this chapter.
C.
Area and bulk regulations. The following area and bulk regulations shall apply to a unified institutional development.
(1)
Minimum gross tract area: four acres.
(2)
Minimum tract width at the street line: 100 feet.
(3)
Minimum setbacks from streets.
(a)
Any building face to tract exterior street right-of-way: 15 feet.
(4)
Maximum building coverage: 40%.
(5)
Maximum impervious coverage: 65%.
(6)
Minimum green area: 30%.
(7)
Maximum building height: 45 feet.
D.
Design standards for a unified institutional development.
(1)
Applicants seeking a building permit or land development approval for all proposed buildings and structures within the Institutional Overlay District shall provide conceptual architectural plans and sufficient documentation to demonstrate compliance with the architectural design standards herein. The plans and documentation shall be submitted with the building permit application (if land development approval is not necessary) and with the preliminary land development plans if land development approval is required.
(a)
Articulation of building facades. Building facades which front on a public street shall be articulated to create an interplay between light and shadow, express the rhythm of architectural bays, reduce the scale of building masses, and exhibit a high level of craftsmanship. Architectural documentation submitted to the Borough for review shall include shadow projections created by facade articulations.
(b)
All building facades which front on a public street shall have horizontal and/or vertical offsets in conformance with the standards below.
[1]
Architectural elements such as plinths, water tables, scarcements, blinds, expressed sills, expressed lintels, relief arches, and cornices shall be used to create horizontal and/or vertical offsets.
[2]
Within the first 12 vertical feet of a facade measured from the finished floor elevation of the ground level of a building, the maximum area of an uninterrupted individual wall surface plane, without horizontal and/or vertical offsets and/or a change in surface material, shall not exceed 350 square feet.
[3]
Within the first 12 vertical feet of the finished floor elevation of the ground level of a building, the maximum length of a facade without windows, glass display windows or glass storefronts shall not exceed 100 horizontal feet.
(c)
Building facades which front on a public street shall be articulated through the use of three or more of the following architectural elements: colonnades, arcades, porticos, pediments, friezes, cornices, canopies, pilasters, piers or blinds.
[1]
The constituent components of columns, pilasters and piers such as bases, plinths and capitals shall be expressed architecturally through changes in surface planes, surface profiles, materials, surface textures, and/or finishes.
(d)
Building facades which front on a public street and are composed of masonry walls shall be articulated and display a level of craft and tectonic expression through the use of masonry coursing to express architectural elements. Masonry walls shall be articulated through the use of three or more of the following design elements:
(g)
Rooflines.
[1]
Variations in building rooflines shall be provided.
[2]
Buildings with flat roofs shall have parapets of sufficient height to screen HVAC equipment for view from the public right-of-way.
[3]
No facade parapet shall exceed 100 feet in length without having at least two vertical changes in height. Each change in height shall be no less than 18 inches.
[4]
No facade parapet shall exceed 200 feet in length without having at least four vertical changes in height. Each change in height shall be no less than 24 inches.
[5]
Buildings which have sloped roofs, faux sloped roofs, or mansard roofs shall have variations in ridge heights.
[6]
No roof ridge shall exceed 110 feet in length without having at least one vertical change in height. The change in height shall be no less than 12 inches.
[7]
The incorporation of gables and dormers which are subordinate to the primary roof slope is encouraged.
(h)
Building materials. Building materials should contribute to reinforcing the character and identity of the existing neighborhood.
[1]
No facade wall shall be composed of the following materials:
[a]
Generic concrete masonry units (CMU) that do not have a distinct architectural grade surface or color finish.
[b]
Precast concrete panels shall not be used on the facade.
[c]
Cast-in-place concrete surfaces that do not have a distinct architectural grade finished surface or color finish.
[d]
Metal panels with a highly reflective surface finish.
[e]
Aluminum siding.
[2]
The use of highly reflective or mirrored surface glass is prohibited.
[3]
All brick units shall be a minimum of 3 5/8 inches thick.
(i)
Predominant building colors. The predominant colors of building materials and finishes, including roofs, shall be subtle, low-intensity, and have a low reflective value. High-intensity, fluorescent, and/or reflective material finishes are prohibited. Building trim, doors, window frames and similar architectural details may be finished with higher-intensity accent colors.
(2)
All preliminary land development plans shall be accompanied by a landscaping plan which shall be approved by Council as part of land development.
(3)
All rooftop mechanical equipment and structures shall be screened from view of adjacent properties and shall be operated in compliance with Chapter 73 of the Borough Code, Noise Disturbance.
(4)
Parking shall be provided as follows: one off-street parking space shall be provided for every employee in the maximum shift for every use in the unified institutional development. The minimum size for individual parking spaces located within the development, excluding accessways for vehicles, shall be nine feet by 18 feet in size, and the minimum size for handicapped-accessible spaces shall be as required by applicable code. Up to 40% of the individual parking spaces provided on a tract within the IU Overlay District may be reduced to a minimum size of 7.5 feet by 16 feet, so long as said parking areas are clearly designated as compact spaces.
§ 112-408 Transportation Corridor Overlay District.
A.
Purpose. The purpose of the Transportation Corridor Overlay (TRANS) District is to promote the continued use of the SEPTA right-of-way for mass transportation use, especially for rail transportation.
B.
Applicable districts. The Transportation Corridor Overlay District shall apply to the ID, MU and TC Districts, as shown in the Overlay Districts Map.[1]
[1]
Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.
C.
Special design and development standards.
(1)
No development with buildings shall be permitted within the TC District that would prevent the operation of rail transportation or other mass transportation.
(2)
No development with parking lots, fences, gates, walls, driveways, curbs, or other like structures or barriers shall be permitted within the TC District that would prevent the operation of rail transportation or other mass transportation.
(3)
All grade crossings of rail transportation or other mass transportation with streets shall be protected with signals and lights to control traffic movement and to ensure safety when trains or other vehicles cross over streets.