The purpose of the Transition Overlay is to provide for the
location of small, low-impact service, specialty retail and office
uses within designated residential areas, as indicated on the Zoning
Map. Characteristics of this overlay generally include a mixture of
land uses, both conforming and nonconforming, where existing homes
or vacant land is less suitable for residential purposes due to its
proximity to existing commercial development and changing traffic
patterns. Areas of the Borough that are exclusively residential in
nature are not conducive to this zoning overlay. The intent of the
overlay is to protect established residential neighborhoods from the
type of land uses associated with high levels of noise, illumination,
traffic and visual blight that are more common in more intense commercial
districts, while encouraging the convenient placement of such commercial
uses for the benefit of the residents in locations compatible with
the type and impact of the use.
In order to assure the satisfactory and proper development of
the transition overlay, all uses shall be reviewed as follows:
A.
Land development plans shall be required for all commercial use applications that will be developed under the transition overlay for any new development and for any expansion/addition of 500 square feet or more onto a commercially used property. Such plans shall be submitted and processed according to the procedures and requirements established in Chapter 184, Subdivision and Land Development.
B.
In addition to other requirements stated in this chapter and in Chapter 184, Subdivision and Land Development, development proposals must include the following information: the overall development scheme, including location, proposed site layout, existing zoning, parking facilities, all adjacent highways and streets with traffic flow patterns; a list of the kind of establishments to be located on the site and their floor areas; architectural sketches; landscaping plans; lighting plans; and engineering plans showing proposed methods of water runoff control, with a stormwater management plan, an erosion and sedimentation control plan and architectural elevations of the structure, including the design of the exterior wall surfaces and the types of materials to be used. The land development plan must include a current survey for the property. Submitted plans must bear the certification of a registered professional engineer, architect or land surveyor.
A.
Permitted uses: any use permitted in § 212-404 within
the R-2 District.
B.
Conditional uses, per the standards of this article:
(1)
Any use listed as a conditional use in § 212-404 within
the R-2 District.
(2)
Specialty retail.
(3)
Equipment repair shop (minor), indoor repairs only.
(4)
Medical, dental or veterinary office (not including kennels).
(5)
Professional office.
(6)
Bed-and-breakfast.
(7)
Service business.
(8)
Duplex.
(9)
Townhouse.
C.
Accessory uses: any accessory use listed as permitted or conditional
in § 212-404G for the R-2 District.[1]
[1]
Editor's Note: Section 212-404G, Accessory Uses, is part of the Tables of Use Regulations included as an attachment to this chapter.
In addition to the conditional use standards contained in § 212-1305, the general conditional use standards contained in Article 1800 shall be applicable.
A.
Lot and area regulations. The following dimensions, unless specified
otherwise, are the minimums required for approval of conditional uses
within the overlay. All uses shall be governed by the applicable requirements
specified elsewhere in this chapter.
B.
No application for issuance of a conditional use permit shall
be approved unless the Borough Council shall find that, in addition
to complying with each of the general standards enumerated above,
each of the specific standards applicable to the particular uses enumerated
in this chapter is met.
(1)
Required yard.
(a)
Parking shall be discouraged in the required front-yard
area where feasible, unless adequate landscaping and plantings are
provided for a depth of 10 feet along the right-of-way. Landscaping
design shall contain a mixture of ground cover or grass, trees and
shrubs and shall be reviewed by the Planning Commission. A recommendation
on the same shall be forwarded to the Borough Council.
(b)
Access drives and handicapped access parking spaces
may be located in the required front yard area.
(c)
Outdoor storage or display of materials or products
is prohibited, except for display of ornamental flower beds and plants
for a garden center.
(d)
All uses shall follow the same residential use,
area and bulk requirements of the underlying zoning district.
(2)
Accessory buildings.
(a)
Accessory buildings with a gross floor area up
to and including 200 square feet may be located within five feet of
a side lot line and 15 feet of the rear lot line.
(b)
Accessory buildings with a gross floor area between
201 square feet and 500 square feet shall maintain the side and rear
yard setbacks of this underlying zoning district.
(c)
Accessory buildings larger than 500 square feet
are not permitted.
(3)
Landscaping and plantings.
(a)
A landscaped periphery shall be provided and maintained
for a minimum depth of 10 feet along the side lot lines and 30 feet
along the rear lot line, except where natural or physical barriers
exist that are determined by the Borough Council to fulfill the landscaping
requirement. The percentage of screening at side lot lines shall be
a minimum of 60% at five feet in height, upon reaching full growth.
The rear lot line shall be landscaped in accordance with the detail
provided in Appendix H, Detail H-1, and uses specified in § 212-1303
shall not be subject to other section or regulations for landscaping
and buffering along the rear lot line. Details along the rear lot
line shall be drawn and installed in an exact scale as shown in Appendix
H, Detail H-1.[1]
[1]
Editor's Note: Appendix His on file in the Borough offices.
(b)
The landscaping shall be composed of plants and
trees arranged to form both a low-level and a high-level landscaping
arrangement. The high-level screen shall consist of trees planted
with specimens of no less than six feet in height for evergreens and
1 1/2 inch in caliper for ornamental trees. The same shall be
planted at intervals of not more than 25 feet. The low-level screen
shall consist of shrubs or hedges planted at an initial height of
not less than two feet.
(c)
A landscaped area adjacent to the principal building(s)
shall also be provided for a minimum of 10 feet in width from the
building. A mixture of grass or ground cover, quality shrubs and trees
shall be located in the landscaped area. Shade trees may be planted
up to 20 feet apart, ornamental trees up to 10 feet apart and shrubs
up to five feet apart. These are minimum standards. Trees and shrubs
shall be interspersed, unless otherwise recommended/approved.
(d)
All areas not covered with impervious surface or
buildings shall be landscaped.
(e)
Artificial plants are prohibited.
(f)
Adequate consideration shall be given to sight
distance during review of both plant material and its location.
(g)
The Borough Council may require additional landscaping
and buffering to effectively screen parking areas from neighboring
properties.
(4)
Off-street parking and loading.
(a)
The supplemental regulations of Article 2200, Off-Street Parking and Loading, are applicable, although in the event of conflicting provisions the more strict regulation shall apply. All off-street parking and loading areas shall be screened from any abutting property zoned residential or used for residential purposes. Screening shall be accomplished by the placement of adequate earth berms or solid fences, constructed of wood or masonry (plain concrete block or cinder block is prohibited), and plantings or the provision and maintenance of solid plantings in the form of contiguous trees and shrubs.
(b)
Outside refuse areas shall be screened with solid
fences constructed of wood or masonry (plain concrete block or cinder
block is prohibited) at a height sufficient to obstruct sight but
not to exceed eight feet in height. Refuse areas may not be located
in the required yard.
(c)
Each parking space shall consist of not less than
an average of 162 square feet of usable area for each motor vehicle,
excluding interior driveways and driveways connecting the garage or
parking space with a street. Notwithstanding the above, all parking
spaces shall be ample in size for the vehicles for which the use is
intended. The net parking space per vehicle shall be not less than
nine feet wide and 18 feet long. Such outdoor parking space shall
not be used to satisfy any open space requirements of the lot on which
it is located.
(d)
Parking spaces may be located on a lot other than
that containing the principal use as a conditional use.
(e)
Surfacing. Any off-street parking area shall be
graded for proper drainage and shall be surfaced so as to provide
a durable and dustless surface, such as concrete or bituminous concrete
surface, and shall be so arranged as to provide for orderly and safe
parking and storage of vehicles.
(f)
For other uses that do not fit into one of the categories listed in Article 2200, determination of the appropriate parking space requirements shall be made by the Borough Council.
(g)
Loading and unloading space. In addition to the
off-street parking space required above, any building erected, converted
or enlarged for any nonresidential use shall provide adequate off-street
areas for the loading and unloading of vehicles. Uses that require
pickup and/or delivery service by tractor-trailers shall be prohibited.
C.
Architectural standards.
(1)
Development character. The transition overlay includes existing
residential neighborhoods. The architectural character of projects
developed within this corridor for new buildings shall preserve this
residential quality and respect the residential scale through the
appropriate massing and scale of proposed buildings, materials use,
landscaping and lighting. A residential character is the goal for
developments within this district that will blend with the existing
residential neighborhoods and preserve qualities of them. This character
will be achieved by using basic guidelines defining height restrictions,
materials use, roof treatment, landscaping, site lighting and signage
requirements. Those basic guidelines will permit individual flexibility
in design and treatment of proposed projects by specifying critical
parameters.
(2)
Design guidelines. To ensure that office/commercial projects
within the overlay reflect a desirable image of this district of Franklin
Park, the following architectural guidelines shall be incorporated
into the overlay standards:
(a)
Material use. All principal and accessory structures
shall be constructed primarily of a brick, stone, stucco, fireproof
precut stucco or clay tile material and architectural wood siding.
Colors and materials shall be compatible with the adjacent residential
areas in design and appearance, and additions to structure shall be
architecturally compatible with the structure itself.
(b)
Glazing. Glazing areas shall not exceed 40% of
the exterior skin of the structure. Mirrored glazing is not permitted
within the district; solar absorption/reflective glazing is an acceptable
material.
(c)
Screening. All mechanical equipment, including
HVAC, shall be screened from public view, and screening shall be constructed
using materials consistent with the primary building.
(d)
Accessory structures. All accessory structures
shall be constructed using materials consistent with the primary building.
(e)
Height. The height of a nonresidential principal
structure shall not exceed two stories and a basement.
D.
Exterior light standards.
(1)
Purpose. To allow for the safety and security of a site without
disturbance to adjacent property owners or the motoring public, lighting
regulations are provided. A lighting plan with fixture type and manufacturer's
data shall be provided in the applicant's submission.
(2)
Standards.
(a)
All parking areas, driveways and loading areas,
entryways and pedestrian paths shall be provided with a light system
that shall furnish a minimum of 0.5 footcandle within any part of
such areas. Vertical cutoff lighting is preferred, although alternative
lighting systems may be proposed that do not cause a spillover of
lighting onto traffic on any public right-of-way or onto residential
property of more than 0.2 footcandle.
(b)
Mounting heights of lighting fixtures may not exceed
16 feet. Where raised islands are used to separate parking stalls,
the poles may be placed on the island.
(c)
At the time any exterior lighting is installed
or substantially modified and whenever a site plan approval is sought,
an exterior lighting plan shall be submitted to the Zoning Officer
in order to determine whether the requirements of this section have
been met.
E.
Performance standards. Notwithstanding any other provision of
this chapter, it shall be unlawful for any person to erect or construct
any building or improvement, or any part thereof, on a site located
in the transition overlay and located in a residentially zoned district
unless all the following conditions are met:
(1)
No mechanical venting faces any residential use.
(2)
No mirrored or reflective glass or material is used on the facade
of the building, structure or improvement which faces any residential
use.
(3)
No loading dock shall face a residential use property (except
for noncorner lots and lots separated by a right-of-way). Loading
docks shall be subject to approval by the Borough Council.
(4)
No shipping or deliveries and no loading or unloading shall
be permitted prior to 7:00 a.m. or later than 8:00 p.m., unless the
delivery, loading or unloading operation is conducted entirely within
an enclosed structure or the deliveries, loading or unloading operations
are conducted exclusively from a public right-of-way that is not adjacent
to a residential zone.
(5)
No refuse collection shall be permitted prior to 7:00 a.m. or
later than 8:00 p.m. All exterior refuse bins shall remain closed
at all times.
(6)
The employees, agents, associates or contractors of a business
shall not engage in conduct or activity which substantially or unreasonably
disturbs the peace and quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitivity residing
in the area during nonbusiness hours. The factors which shall be considered
in determining which activity described above violates this requirement
are:
(a)
The volume of the noise;
(b)
Whether the nature of the noise is usual or unusual;
(c)
Whether the nature of the noise is natural or unnatural;
(d)
The proximity of the noise to the residential sleeping
area;
(e)
The time of day or night the noise occurs;
(f)
The duration of the noise; and
(g)
Whether the noise is recurrent, intermittent or
constant.
(7)
Based upon the above, the Zoning Officer shall make a determination
and take any necessary action for enforcement of these provisions
under the authority of this chapter.
The boundaries of the Transition Overlay are so indicated on
the Official Zoning Map of Franklin Park Borough.
