[Amended 8-15-1996 by Ord. No. 903; 12-16-1999 by Ord. No. 938; 1-15-2004 by Ord. No. 984; 8-16-2007 by Ord. No. 1034; 5-15-2008 by Ord. No. 1047; 2-19-2015 by Ord. No. 1116]
The purpose of this article is to provide for a range of highway-oriented retail, automotive and service type business activities which ordinarily require main-highway locations and serve transient as well as regional and local customers; to provide sufficient space for automobile related merchandising, including the provision of off-street parking and safe circulation of pedestrian and motor traffic in the district and adjoining areas; to allow for office uses as well as limited conversion of residential structures; to conform to the TND-1 Overlay District: Baltimore Avenue regulations of Article XX; to promote residential development in Gateway Area 1, and to promote residential and potentially mixed-use development in the Gateway Area 2.
In the Highway Business-Office District, land, buildings or premises shall be used by right only for one or more of the following uses listed below. For those portions of the HBO overlaid by the TND-1 Overlay District: Baltimore Avenue, the provisions of Article XX shall also apply.
A.
All uses permitted by right in the Retail-Office-Apartment District, including vertical mixed use buildings with retail use on the ground floor, subject to § 311-48D.
B.
New or used automobile dealer, including sales, leasing and service
facilities, provided that no such facility shall be located within
500 feet of the property line of any other property used for such
a facility.
C.
(Reserved)
D.
Auto parts store.
E.
Car washing establishment.
F.
Gasoline service station, provided that no gasoline service station
shall be located within 500 feet of the property line of any other
property used for a gasoline service station.
G.
Convenience store.
H.
Drive-through restaurant, bank, camera film developing establishment
or similar drive-through use.
I.
Medical, dental or similar clinic.
J.
Motel, hotel and related facility, such as restaurant and banquet
room.
K.
Laundromat, newspaper or printing establishment or similar use.
L.
General service, repair or tradesman's shop, including furniture,
watch or clock, radio, television or household appliance repair; carpenter,
plumber, electrician or similar use.
M.
Church or other place of worship, school, day care or similar use.
O.
Funeral home or mortuary.
R.
Bank or other financial institution.
The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board. All special exceptions are subject to the provisions of Article XVII of this chapter.
As noted in § 311-41, relating to the Retail-Office-Apartment District.
A.
Nonresidential uses.
(1)
Lot area. A lot area of not less than 3,850 square feet shall be
provided for every principal building hereafter erected.
(2)
Lot width. The lot for each principal building hereafter erected
shall have a width at the building line of not less than 35 feet.
(3)
Minimum yard requirements.
(a)
Front yard. There shall be a front yard the depth of which shall
be equal to the predominant front yards of the existing buildings
on the same block. Where there are no existing buildings in the immediate
vicinity of a proposed building, such proposed building shall have
a front yard of not less than 10 feet.
(b)
Side yards.
[1]
In the case of detached or semidetached buildings, there shall
be two side yards, each of which shall have a width of not less than
six feet.
[2]
In the case of three or more attached buildings, there shall
be a side yard at each end of the row of buildings which shall have
a width of not less than 10 feet.
(c)
Rear yard.
[1]
In the event that no front yard is provided, there shall be
a rear yard which shall be not less than 25 feet in depth.
[2]
In the event of a front yard of at least 25 feet, with or without
parking, the rear yard shall not be less than 10 feet.
[3]
In the event that there is a front yard which is less than 25
feet in depth, the rear yard shall not be less than 25 feet, unless
reduced as a special exception by the Zoning Hearing Board. No such
rear yard shall be reduced to less than 10 feet.
(d)
Corner lot setbacks.
[1]
In case of a corner lot where the right-of-way dimension of
both streets is identical, a front yard setback of not less than 10
feet shall be required from the street line fronted by the shortest
lot dimension, and a front yard setback of not less than 10 feet shall
be required from the street line fronted by the longest dimension.
The yard opposite the shortest lot dimension shall comply with rear
yard setback requirements, and the yard opposite the long lot dimension
shall comply with the minimum side yard setback requirements.
[2]
In case of a corner lot where the right-of-way dimension of
both streets is not identical, a front yard setback of 10 feet shall
be required from the street with the widest right-of-way dimension,
and a front yard setback of 10 feet shall be required from the street
with the narrowest right-of-way dimension. The yard opposite the street
with the widest right-of-way shall comply with rear yard setback requirements,
and the yard opposite the street with the narrowest right-of-way dimension
shall comply with the minimum side yard setback requirements.
[3]
In the case of a corner lot where the lot dimensions along the
streets are identical and the right-of-way dimension of both streets
is identical, the property owner shall select one side abutting the
street to be the front yard, consistent with other uses prevailing
on the same block.
(4)
Building coverage. The aggregate area of all buildings on a lot shall
not exceed 75% of the lot area. However, in cases where underground
parking is provided, the building coverage may be increased to not
more than 80% of the lot area.
(5)
Height regulation. No building shall have a height exceeding 40 feet
with a maximum of three stories above grade.
(8)
Impervious surface requirements. Not more than 85% of any lot area
shall be covered by impervious surfaces; however, in cases where underground
parking is provided, the impervious surfaces may be increased to not
more than 90% of the lot area.
C.
Residential uses: single-family attached dwellings (townhouses) in
Gateway Area 1.
(1)
Lot area. A minimum gross lot area of 3,000 square feet per dwelling
unit shall be provided, including unit area, decks, porches, parking
areas, common interior circulation, and lawn/landscape areas. However,
condominium ownership or individual footprint lots may be permitted,
provided that the overall density does not result in less than 3,000
square feet of gross lot are per dwelling unit.
(2)
Dwelling unit width. Dwelling units shall have a minimum width of
20 feet.
(3)
Dwelling unit frontage. Dwelling units shall have frontage directly
onto a street, except in the case of a Green Court Lot whereby a dwelling
unit faces a green that is used for active recreation or passive recreation,
and such dwelling unit is accessed from an alley.
(4)
Attached units. The number of attached dwelling units in any townhouse
structure shall not be less than three or more than six units in a
row. Up to 50% of the total units in a proposed development may be
allowed to be two units in a row, in order to enable a single-family
semi-detached structure (twins).
(5)
Minimum yard requirements.
(a)
Front yard. For dwellings fronting on existing streets, there
shall be a front yard, the depth of which shall be not less than 15
feet from any property line. For dwellings fronting on new streets,
there shall be a front yard of 15 feet from the curb or street edge.
However, one-story porches may be within five feet of a property line
with existing street frontage or five feet from a curb or street edge
in the case of a new street. For corner properties, the front yard
setback shall apply to both street frontages. However, the primary
front yard shall be the yard that faces Baltimore Avenue.
(b)
Side yards. Each group of townhouse units shall have two side
yards, with a setback of not less than 10 feet to a perimeter property
line. The aggregate side yard distance between buildings shall not
be less than 10 feet.
(c)
Rear yards. There shall be a rear yard which shall be not less
than 10 feet, except that decks (grade level or elevated) and garages
may be within three feet of the perimeter property line.
(6)
Building coverage. The aggregate area of all buildings on a lot shall
not exceed 35% of the overall lot area, excluding unenclosed porches.
(7)
Variation in design. In order to avoid a flat, monolithic facade,
whenever three or more attached dwelling units are proposed, each
dwelling unit shall be distinguished from the adjacent dwelling unit
in some manner such as by varying unit width, by using different exterior
material, by varying arrangements of entrances or windows, or by using
pilasters, bay windows or other like type architectural features.
(8)
Height regulation. No building shall have a height exceeding 45 feet
with a maximum of four stories above grade.
[Amended 5-19-2016 by Ord. No. 1123]
(9)
Off-street parking. Two parking spaces shall be provided per dwelling
unit, and one guest space shall be provided for every four dwelling
units. Guest spaces may be located in new streets as on-street parking
for traffic calming and convenience.
(10)
Impervious surface requirements. Not more than 70% of any lot
area shall be covered by impervious surfaces.
(11)
Green space. No less than 10% of the total tract area shall be designated for and maintained as green space to be used for active recreation and/or passive recreation, as well as courtyards and other pedestrian gathering areas. Such open space shall be separate and apart from yard setbacks. These green space requirements shall supercede the requirements of § 311-73.
(12)
Special requirements.
(a)
The proposed townhouse buildings and development shall be designed
so as to provide a harmonious addition to the general environment
of the neighborhood through the use of front porches, and/or articulated
facades.
(b)
For any facade that faces a public way, there shall be at least
10% windows, but not more than 25% windows.
(c)
Vertical infrastructure shall be provided in the form of piers
at entrances and at corners of the property, pergolas, arbors, and
benches.
(e)
All development shall be consistent with the Development Strategy
Plan Baltimore Avenue, and the Development Strategy Plan for Gateway
Area 1.
(f)
Due to the reduction in cartway widths, increased building density
and reduced setbacks and separation between buildings, all buildings
shall contain fire sprinklers designed to the applicable National
Fire Protection Standard. All Code-approved fire protection and fire
suppression systems shall be operable and in working condition at
all times.
D.
Residential uses: multifamily dwellings in Gateway 2 Area.
(1)
Lot area.
(a)
A lot area of at least 1,750 square feet shall be provided for
each of the first four units in a multifamily building and development.
An additional lot area of 525 square feet for each additional dwelling
unit shall also be provided.
(b)
Whenever retail use is proposed on the ground floor area of
a multifamily building, no additional lot area shall be required if
the gross leasable area for the retail use is less than 2,500 square
feet.
(c)
Whenever 2,500 square feet or more of gross leasable area of retail use is proposed on the ground floor area of a multifamily building, there shall be an additional one square foot of lot area for every one square foot of retail use, beyond that required under § 311-48D(1)(a).
(2)
Lot width. No lot shall have a width at the building line of less
than 100 feet.
(3)
Minimum yard requirements.
(a)
Front yard.
[1]
For buildings up to three stories in height, there shall be
a front yard setback consistent with the TND-1 Overlay "build to line"
of five feet. For buildings with additional height above three stories,
the front yard setback shall be increased as follows:
[2]
For corner properties, the front yard setback shall apply to
both street frontages. However, the primary front yard shall be the
yard that faces Baltimore Avenue.
[3]
For buildings three stories or more, up to 20% of the linear
footage of the total facade length on each street may project up to
five feet into the required front yard setback, provided that those
projections are at least one floor shorter in height than total height
of the main building.
(b)
Side yards. There shall be two side yards, one on either side
of the building, with a minimum width of 15 feet, and a combined aggregate
width of 35 feet.
(c)
Rear yard. There shall be a rear yard which shall be not less
than 25 feet in depth.
(d)
Distance between buildings. In cases where there is more than
one multifamily building on a lot, the distance between buildings
shall be at least 40 feet.
(e)
For corner properties, there shall be one side yard and one
rear yard, with the rear yard being opposite Baltimore Avenue.
(4)
Building coverage. The aggregate area of all building on a lot shall
not exceed 75% of the lot area.
(5)
Impervious surface. Not more than 80% of the lot shall be covered
by impervious surfaces.
(6)
Height regulation. No building shall have a height exceeding 45 feet, above grade, provided that building height may be increased in accordance with, and subject to the conditions of Subsection D(6)(a) and (b) below. Any building that is greater than 35 feet in height shall be required to contain fire sprinklers. Fire sprinklers shall comply with any and all ordinances. All Code-approved fire protection and fire suppression systems shall be operable and in working condition at all times. The forty-five-foot height provision is further qualified as follows:
(a)
A height not exceeding 55 feet with a maximum of four stories
above grade may be permitted if there is a roof garden with swimming
pool that is built and maintained with a square footage of at least
10% of the building footprint, and if there are ornamental street
lights, hanging baskets, and pergolas.
(b)
A height not exceeding 65 feet with a maximum of five stories above grade may be permitted if there is a 5% increase of green space, beyond the minimum of 20% as per § 311-48D(8), for a total of 25% green space, and the 5% increased green space area shall include benches, planters with landscaping, arbors, pergolas, a roof garden with swimming pool, ornamental street lights, hanging baskets, bicycle racks, and decorative sidewalk materials.
(7)
Off-street parking. Parking shall be provided at the rate of: one
parking space per one-bedroom unit; two parking spaces per two-bedroom
unit; two parking spaces per three-bedroom unit; and three parking
spaces per four-bedroom unit. All off-street parking spaces shall
be either (a) in a deck parking structure and/or below the building
and not visible from the street, or (b) not visible from public streets,
except that surface parking spaces may be built and maintained for
ADA parking spaces, delivery vehicles, and/or staff, at a ratio of
one space per each 25 dwelling units.
(8)
Green space. No less than 20% of the total tract area shall be designated
for and maintained as green space to be used for courtyards, plazas,
and landscaped areas between the building and the perimeter property
lines.
(9)
Special requirements.
(a)
The proposed multifamily building and development shall be designed
so as to provide a harmonious addition to the general environment
of the neighborhood, and each group of multifamily buildings on a
single lot shall constitute a single architectural scheme.
(b)
For any facade that faces a public way, there shall be at least
15% windows, but not more than 45% windows.
(c)
Each multifamily building or group of buildings shall be designed
and operated as a single management and maintenance unit, with common
yards, open spaces and parking areas. In the event multifamily dwellings
are converted or developed as condominiums, such condominiums shall
be owned and operated in accordance with the Pennsylvania Unit Property
Act of 1963, as amended.[1]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(e)
All development shall be consistent with the Development Strategy
Plan Baltimore Avenue, and the Development Strategy Plan for Gateway
Area 2.
(g)
Due to the reduction in cartway widths, increased building density
and reduced setbacks and separation between buildings, all buildings
shall contain fire sprinklers designed to the applicable National
Fire Protection Standard. All Code-approved fire protection and fire
suppression systems shall be operable and in working condition at
all times.
