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Township of Millcreek, PA
Erie County
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In addition to the zoning districts established in Article III and delineated on the Zoning Map, all areas containing or characterized by the features listed in this article are established as overlay districts in accordance with Sections 605 and 702-A of the Municipalities Planning Code, as amended:[1]
FP
Floodplain Areas
§ 145-59
OP
Office/Business Parks
§ 145-60
LF
Lakefront Area District
§ 145-61
TND
Traditional Neighborhood Development
§ 145-62
[1]
Editor's Note: See 53 P.S. §§ 10605 and 10702-A, respectively.
The location of each overlay district is delineated on a map depicting that overlay feature. These maps are adopted as a part of the Zoning Map.
A. 
Accuracy of overlay districts. Overlay districts may not include all land or sites subject to the special features of the overlay district; and not all land within the overlay district may actually contain the special or limiting feature.
B. 
Areas not included in overlay districts. It is the intent of this chapter that the limitations on development which are imposed by the overlay district regulations shall apply to all parcels which include the regulated feature, whether or not the land is shown in the overlay district. It shall be the responsibility of the applicant to establish the presence or absence on the proposed site of all features subject to regulation in this article.
C. 
Interpretation of overlay districts. If the Zoning Map or list is questioned, the burden of proof shall be upon the developer or applicant, who shall submit information from a qualified professional or other expert acceptable to the Township to demonstrate that the lot, parcel or site in question can be used in the manner proposed without violation of this chapter.
The regulations contained in this article shall apply to the use and development of parcels and structures in each overlay district and shall be in addition to other regulations in this chapter.
A. 
Limitations of intensity or density of development. The amount of lot or site area used or occupied by development is restricted as specified in Article IV and as further restricted by the overlay district regulations in this article.
B. 
Limitations on authorized uses in overlay districts. Uses in overlay districts may be authorized by right or by special exception subject to the regulations in Articles IV and VIII of this chapter and as further stated in the overlay district.
C. 
Uses permitted by special exception. All uses authorized on special exception in any zoning district which are prohibited because of the regulations of any overlay district may be permitted by special exception in any overlay district, provided that the use complies with the specific regulations of any overlay district; and uses permitted by special exception may be permitted by special exception in any overlay district, provided that the use complies with the regulations of the particular overlay district.
See regulations set forth in Chapter 70, Land Miscellaneous Activities and Regulations, Part 7, Floodplain.
A. 
General requirements. All land in a proposed park must be owned by a single landowner and developed as a single entity.
(1) 
"Single," as to ownership, is not intended to prohibit a joint ownership or an entity comprised of more than one person or entity.
(2) 
"Single," as to development, is not intended to prohibit a condominium or like form of development, so long as the park is created and maintained as a unified development.
B. 
Permitted uses.
(1) 
Business, professional and financial offices.
(2) 
Business services and retail uses incidental to and supporting other permitted uses.
(3) 
Data and communication centers and/or information processing facilities.
(4) 
Multi-occupancy incubators.
(5) 
Pilot plants.
(6) 
Production or assembly of prototypes only to the scale necessary for full investigation of the merits of a product.
(7) 
Corporate, governmental and institutional offices that are consistent with the intent of this article and other permitted uses in the Overlay District.
C. 
Accessory uses.
(1) 
Open space improvements and facilities.
(2) 
Active recreational structures and fitness facilities.
D. 
Height regulations. No building or structure shall exceed 50 feet in height. If, upon appeal, the Zoning Hearing Board should find that the requisite findings for variance relief exist, any variance shall include the conditions that:
(1) 
Every required yard setback is increased by one foot for each additional two feet in height over 50 feet; and
(2) 
Any structure higher than 50 feet on a lot which abuts an RR, R-1 and/or R-2 Residential Zoning District shall be set back an additional one foot for every additional one foot over 50 feet in addition to the requirements of § 145-21, Buffer yards, landscaping and screening.
E. 
Perimeter requirements. The park shall be designed and maintained to avoid adverse influences and impacts on surrounding properties. Required setbacks from perimeter boundaries shall be in accordance with § 145-21 of this chapter.
F. 
Dimensional standards.
(1) 
Minimum net lot area: three acres.
(2) 
Minimum lot width: 250 feet.
(3) 
Minimum front yard: 50 feet.
(4) 
Minimum rear yard: 50 feet.
(5) 
Minimum side yard: 25 feet.
G. 
Interior setbacks. Interior setbacks shall be in accordance with the setback district in which the property is located.
H. 
Open space requirements.
(1) 
A minimum of 30% of the gross area of the park shall be devoted to open space.
(2) 
At least 50% of the required open space shall be contiguous.
(3) 
All open space shall meet standards for open space as set forth in Article III of this chapter.
I. 
Environmental design. The environmental design scheme of the park shall be laid out in such a fashion to ensure that all of the elements listed below are incorporated into a harmonious and aesthetically pleasing design. Consideration should be given to the overall character of the development and its visual effect on adjacent uses as well as the tenants of the development and residents and uses of the Township.
(1) 
Existing trees should be inventoried and preserved whenever possible. Existing stands of mature healthy trees, hedgerows, waterways, historic sites, scenic points, views and vistas and other community assets and landmarks should be preserved, consistent with standards for conservation development design set forth in Chapter 125, Subdivision and Land Development.
(2) 
The park should be designed to minimize grading and other changes to the natural terrain. All graded slopes should blend with the surrounding terrain and development.
(3) 
All landscaping shall be in accordance with an overall landscaping plan and unifying concept for the development as approved by the Township.
(4) 
Development of the park shall be deemed a land development and shall comply in all respects with regulations of Chapter 125, Subdivision and Land Development; Chapter 116, Stormwater Management; and Chapter 29, Part 2, Public and Private Improvements.
(5) 
Commercial outdoor advertising signs are prohibited. Identified and directional signs as authorized in Article VII shall be permitted.
(6) 
No glare, whether from floodlights, high-temperature processes or other sources, shall be emitted from the park so as to be visible from adjoining zoning districts.
A. 
Maximum height of a front row dwelling shall not exceed 20 feet.
B. 
In each additional row of lots or dwellings, the maximum height may be increased by five feet to a maximum height of 35 feet in developments having four or more rows of lots and/or dwellings.
[Amended 3-22-2016 by Ord. No. 2016-3]
C. 
In the case of a single row of lots, the maximum dwelling height shall not exceed 35 feet. Where lots abut the north and south lines of the same street or road within this Overlay District, the height limitations set forth in Subsections A and B shall govern. In any case, for there to be a single row of lots, there must be no dwelling lots or dwellings within 200 feet measured from the back of the proposed dwelling in a landward area defined by a one-hundred-eighty-degree arc starting and ending at each corner of the dwelling.
[Amended 3-22-2016 by Ord. No. 2016-3]
A. 
Objectives. In addition to the objectives set forth in Section 701-A(b) of the Municipalities Planning Code,[1] objectives of the Traditional Neighborhood Development Overlay District include encouraging innovation and variety in development, providing better opportunities for housing, recreation and access to services and employment, promoting pedestrian- and transit-oriented development, fostering a sense of place and encouraging design of buildings and streets to define the streetscape.
[1]
Editor's Note: 53 P.S. § 10701-A(b).
B. 
Identification of overlay district. Traditional Neighborhood Development (TND) is permitted as a conditional use, generally in all residential and commercial districts which are located along an arterial and/or collector street as defined in Chapter 125, Subdivision and Land Development, and the Township's Transportation Plan.
C. 
Applicability of regulations. Generally, all regulations in this and other applicable ordinances, laws and regulations shall govern. Where a conflict exists, the specific regulations in this article shall control.
D. 
Permitted uses. Permitted uses are those defined in the respective zoning district under Article IV. Additional uses authorized within the boundaries of a TND, subject to approval by the Board of Supervisors in acting on a development plan application, include:
(1) 
Restaurant;
(2) 
Community center;
(3) 
Neighborhood convenience store;
(4) 
Commercial limited neighborhood and certain residential uses when proposed in accordance with the two TND development options and/or conditional use option for community-based senior housing outlined below.
E. 
TND Development Option 1 - Commercial. Multiple-family dwellings, single-family detached dwellings, two-family semidetached dwellings, townhouses or row dwellings, as well as certain nonresidential uses shall be authorized subject to approval by the Board of Supervisors, when proposed in a land development plan application consistent with regulations governing the use as modified by regulations in this section.
F. 
TND Development Option 2 - Residential. Single-family detached dwellings and two-family semidetached dwellings shall be authorized, subject to approval by the Board of Supervisors, when proposed in a land development plan application for land located in the R-2 Zoning District consistent with regulations governing the use as modified by regulations in this section. Under this option, streets in the development shall be designed in an interconnected grid pattern and cul-de-sac streets are prohibited, and dwellings shall be designed without front-loaded garages.
G. 
TND Conditional Use Development Option 3. Community-based affordable housing and ancillary limited commercial and professional office uses shall be authorized as a conditional use, subject to approval by the Board of Supervisors, when proposed in a land development plan application for land located in the R-4 or C-1 Zoning Districts, subject to the criteria below and in this section.
H. 
Criteria and performance standards.
(1) 
Open space. Open space shall be provided for a TND in accordance with the standards set forth in § 145-60H, except that the minimum area of open space shall be not less than 15% of the gross area of the development. Open space shall be dedicated for permanent use as open space or park land and shall be common property for the development.
(2) 
Location and configuration of parks, open space. Parks and open space shall be distributed throughout the neighborhood and shall be easily accessible. One or more centrally located public commons, squares or parks are encouraged.
(3) 
Measures to encourage and facilitate pedestrian travel and access should be adopted, these including but not limited to reducing distance between the sidewalk and residential dwellings, construction of porches, covered entryways and the like.
(4) 
The location and physical characteristics of the site shall be such that it develops out of the location of squares, parks and other neighborhood centers and subcenters. Zoning changes in building type generally should occur at mid-block, not a mid-street, and buildings should tend to be zoned by compatibility of building type, rather than building use.
(5) 
Commercial uses shall be limited in intensity (e.g., traffic volume, hours of operation, noise, lighting, etc.) and shall be such as serve needs of residents of the development.
(6) 
In Development Option No. 3 in § 145-62G, professional office uses shall be ones permitted in the C-1 Zoning District and which are consistent with or intended to be principally accessible to or serve needs of residents of the development.
(7) 
The greatest density of housing and the preponderance of office and commercial uses should be located in the center of the development; provided, that if the neighborhood is adjacent to existing development or an arterial or collector street, then office, commercial and denser residential uses may be located at either the edge or the center or both.
(8) 
The plan must show location for vehicular parking.
(9) 
Unless there is a compelling reason to the contrary, parking lots should be located either behind or to the side of buildings and, in most cases, should be located toward the center of blocks such that only their access is visible from adjacent streets.
(10) 
The site plan shall provide for either a natural or a man-made corridor to serve as the edge of the neighborhood [see MPC Section 706-A(d)[2]].
[2]
Editor's Note: See 53 P.S. § 10706-A(d).
I. 
Authority of Board of Supervisors. The Board of Supervisors, in acting on a development plan application proposing Traditional Neighborhood Development, shall have authority to grant modifications and/or impose conditions on approval which the Board deems necessary or appropriate, in the specific facts of the application, to effectuate the objectives of this section and those in Article VII-A of the MPC, as the same may be amended.[3]
[3]
Editor's Note: See 53 P.S. § 10701-A et seq.