It is the intent of this article to provide regulations for well-designed auto-oriented commercial land uses in conformance with the Borough of Jenkintown's economic development goals and the following objectives:
A. 
Provide the broadest range of commercial uses in the Borough.
B. 
Encourage the retention of the existing community character of Jenkintown by preserving the existing buildings and landscaped spaces to the greatest extent possible.
C. 
Discourage strip-style commercial development, which requires incongruous architectural styles, excessive paved areas, and numerous curb cuts.
D. 
Encourage consolidation of driveways, parking and curb cuts to provide more efficient and economical access and parking.
E. 
Encourage a coordinated pedestrian path system to provide efficient and convenient pedestrian access from parking areas to and among the various permitted uses and to neighboring residential areas.
F. 
Discourage the overdevelopment of lots by limiting the maximum permitted building and impervious coverage.
G. 
Assure suitable design to protect the character and property values of adjacent and nearby neighborhoods.
H. 
Provide regulations that minimize congestion and hazardous traffic conditions.
I. 
Allow existing commercial properties to be appropriately redeveloped.
J. 
Encourage the location of commercial buildings so that they are accessible by public transportation.
A lot may be used for one or more of the following uses in compliance with the standards and requirements contained in this article.
A. 
By right permitted uses. The following uses are permitted by right, provided no drive-through facilities are proposed.
(1) 
Retail store for the sale of dry goods, variety merchandise, clothing, groceries, retail bakery, beverages, flowers, plants, drugs, books, furnishings or other household supplies, sale and refinishing of antiques, hardware, sale and repair of jewelry, clocks, optical goods, cameras, home appliances, electronic equipment, video rental stores, furniture rental stores, appliance rental stores, scientific and professional instruments, and/or similar goods. Shopping centers, as defined in this chapter, are only permitted as a class two conditional use.
(2) 
Convenience store, without fuel pumps.
(3) 
Personal service shop, including but not limited to barbershop and/or hairdresser, shoe repair, tailor, dry cleaning (pickup establishments only).
(4) 
Business or professional office.
(5) 
Doctor, dentist office.
(6) 
Studio for dance, art, music, photography or exercise.
(7) 
Business services establishment, including copy center, retail printing and duplication services, computer rental and copying center, mailbox rental and shipping, cartage, express and parcel delivery services.
(8) 
Bank or financial institution, excluding drive-through facilities.
(9) 
Establishment serving food or beverages to the general public, such as restaurant, cafe, taproom, tavern, retail baker, confectionery or ice cream shop, including walk-up windows, but excluding drive-through facilities.
(10) 
Bar or tavern.
(11) 
Outdoor dining.
(12) 
Municipal building, office and uses.
(13) 
Open space and low-intensity outdoor recreational use such as ball fields and bicycle and pedestrian paths, provided that proposed uses do not exceed a maximum building coverage of 1% or a maximum impervious coverage of 10%.
(14) 
Laundromat, provided that there are adequate provisions made for water disposal.
(15) 
Post office.
(16) 
Bed-and-breakfast, provided that:
(a) 
The principal building must be a single-family dwelling; and the owner of the bed-and-breakfast must live in the dwelling as his/her primary residence.
(b) 
There shall be no more than six guest bedrooms, accommodating no more than 12 guests at any one time; no paying guest shall stay on any one visit for more than 30 days.
(c) 
The rented rooms shall not contain kitchen facilities and shall not constitute separate dwelling units.
(17) 
Club or fraternal organization.
(18) 
Day-care center; elder care.
(19) 
Accessory use on the same lot with and customarily incidental to the use permitted and utilized. Accessory uses shall meet all requirements for permitted uses.
(20) 
Indoor entertainment.
(21) 
Other similar uses to those mentioned above.
(22) 
Transit facility.
(23) 
School.
(24) 
All uses permitted by-right in Article X, TC Town Center District, or Article XI, NCR Neighborhood Commercial Residential District are permitted, provided that those uses not listed above [Subsection A(1) through (22)] must conform to the dimensional and design standards of the district in which they are originally permitted by right and may not use the dimensional or design standards of this Gateway District.
B. 
Conditional uses. The following uses may be permitted by the Borough Council as conditional uses in accordance with the conditional use criteria of § 181-58 of this district, the standards listed below, and all other regulations of the Gateway Commercial District:
(1) 
Class one conditional uses. On lots with a minimum area of 40,000 square feet and a minimum width at the build-to line of 100 feet, the following uses are permitted as class one conditional uses:
(a) 
Use with drive-through facilities, including restaurant, drugstore, bank and financial institution, and other use listed in § 181-57 herein, provided:
[1] 
The use provides sufficient on-site stacking lanes to accommodate a minimum of six automobiles leading to the first drive-through window, bank-teller window, remote-teller window, or drive-through automatic teller machine on the site and two automobiles for each additional drive-through facility on the site.
[2] 
Stacking lanes shall not interfere with parking spaces or the internal and external circulation of the site.
[3] 
Drive-through windows shall face the rear or side yard of the site. Drive-through windows shall not face a public street.
(2) 
Class two conditional uses. On lots with a minimum area of 100,000 square feet and a minimum width at the build-to line of 200 feet, the following uses are permitted as class two conditional uses:
(a) 
Shopping center, in accordance with the additional design standards in § 181-61.
(b) 
Motel, hotel.
(c) 
Assisted living facility and nursing home, provided that they are located within 100 feet of a residential district, as a transition between residential and commercial uses.
(d) 
Gasoline filling station or service station.
(e) 
Nursery or greenhouse, provided that:
[1] 
Outdoor storage is limited to 75% of the total site area.
[2] 
All nonplant materials are stored and displayed behind areas that are clearly defined for such purpose and are screened from public roads and residential properties.
[3] 
Such uses have a defined pickup area that does not interfere with the flow of internal traffic or required parking areas.
[4] 
Commercial vehicles and outdoor storage areas are at least 60 feet from residential property lines and street ultimate right-of-way lines.
(3) 
Class three conditional uses: Off-premises advertising sign, when constructed and maintained in a manner consistent with § 181-141 of this chapter.
[Added 11-28-2011 by Ord. No. 2011-6]
Commercial uses that are permitted as a conditional use in the Gateway District shall meet the following conditional use standards:
A. 
Buildings, driveways, parking areas, loading areas, outdoor activity areas, light sources, trash areas and other potential nuisances shall be located and designed to minimize adverse impacts on abutting residential properties. In order to limit the adverse impact of a proposed general commercial use, the Borough Council may require alternative site layouts, including increased setbacks from residential property lines, different locations of buildings, parking areas, and driveways, the incorporation of loading and trash collection areas as part of the principal building design, and increased screening for light sources and outdoor activity areas.
B. 
Driveway intersections with streets and traffic circulation patterns within lots shall be located and designed to minimize congestion and safety problems on adjacent streets and nearby intersections. The Borough Council may require alternative driveway locations and site design in order to alleviate potential congestion or safety problems.
The applicant may choose one of the following: Option A or Option B.
A. 
Permitted uses, class one conditional uses, and class two conditional uses shall meet the following dimensional standards (see Table 3).
Table 3
Dimensional Standards for Gateway District, Option A.
Permitted Uses
Class One Conditional Uses
Class Two Conditional Uses
Minimum net lot size
40,000 square feet
40,000 square feet
100,000 square feet
Minimum lot width
100 feet
100 feet
200 feet
Maximum building coverage
25%
25%
25%
Maximum impervious coverage
70%
70%
65%
Minimum front yard setback
20 feet
30 feet
50 feet
Minimum side yard setback
15 feet
15 feet
40 feet
Minimum rear yard setback
15 feet
20 feet
40 feet
Minimum building setback from abutting residentially zoned properties
40 feet
50 feet
65 feet
Minimum parking setback from street ultimate right-of-way line
10 feet
15 feet
25 feet
Minimum parking setback from nonresidential property lines
10 feet
10 feet
15 feet
Minimum parking setback from residential property lines
30 feet
35 feet
40 feet
Minimum setback of outdoor loading and trash storage areas from abutting residentially zoned properties
50 feet
50 feet
50 feet
Maximum building height
40 feet
40 feet
40 feet
B. 
To allow more flexibility and encourage consistency of the commercial areas, permitted uses, class one conditional uses, and class two conditional uses of the Gateway District may elect to meet the dimensional and design standards of Article X, TC Town Center District, or Article XI, NCR Neighborhood Commercial Residential District. If Option B is chosen, the applicant must meet all of the dimensional and design standards prescribed in the original zoning district in lieu of those prescribed for the Gateway District.
A. 
All development in the Gateway Commercial District shall be served by public sewer and public water facilities.
B. 
Off-street parking shall be provided in accordance with Article XIV, Off-Street Parking and Loading Standards.
C. 
Signs shall meet the requirements of Article XXI, Signs. Signage located on buildings shall be consistent in size, location and materials throughout a specific development and should be consistent with the character of signage of structures in the surrounding area.
D. 
Site landscaping and buffers shall be provided. Until such point that more precise standards are adopted in the Subdivision and Land Development Ordinance, landscaping and buffers shall comply with § 181-61C, Common use area, and be subject to approval by the Design Review Board.
E. 
Applicants proposing any use with 60,000 square feet or more of gross building floor area shall be required to prepare a traffic impact study, the scope of which shall be determined by the applicant in concert with the Borough administration.
A. 
Building design standards. All buildings shall meet the following standards:
(1) 
Rear and side facades shall be of finished quality and shall be of color and materials that are similar to the front facade and blend with structures within the development as well as with structures in the surrounding area. Any property with more than one building on the site shall have a common and coherent architectural theme throughout the development.
(2) 
Building facades must be interrupted at least once within every 100 horizontal feet, with offsets of four feet or more in depth along any building facade facing a public street or public parking. Offsets shall be continuous from grade to the roofline.
(3) 
Building facades of 200 feet or more which face public streets or public parking shall, in addition to offsets, include other design elements to break up the facade, such as awnings, porches, canopies, towers, balconies, bays, changes in building materials, gables and planted trellises.
(a) 
When located within 15 feet of a walkable street or neighborhood, ground-floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 60% of their horizontal length. Display windows shall begin between 12 to 24 inches above ground level and shall end between 78 inches and 108 inches above ground level.
(4) 
Principal buildings shall have clearly defined, highly visible customer entrances with features such as canopies, porticoes, arches and integral planters that incorporate landscaped areas and/or areas for sitting.
(5) 
Rooflines shall be varied to add visual interest, to reduce the scale of larger buildings, and to create consistency with buildings in the surrounding area.
(a) 
Buildings with less than 15,000 square feet of building area on the ground floor shall have pitched roofs covering at least 80% of the building with a minimum slope of six vertical inches to every 12 horizontal inches.
(b) 
Buildings with more than 15,000 square feet on the ground floor shall meet one of the following roof requirements:
[1] 
The same pitched roof requirement as outlined immediately above in § 181-61A(5)(a).
[2] 
Parapets or mansard roofs that conceal flat roofs and rooftop equipment such as HVAC units along all roof edges.
(c) 
For all buildings, building ridgelines or roof planes facing public streets and public parking lots must be interrupted at least once every 100 feet by a vertical change of five feet, the inclusion of a new gable, or the inclusion of a dormer.
(6) 
All shopping centers and other retail establishments with 100,000 square feet or more in gross floor area shall meet the following additional requirements:
(a) 
Ground-floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 60% of their horizontal length. Display windows shall begin between 12 to 24 inches above ground level and shall end between 78 inches and 108 inches above ground level.
(b) 
Large buildings and shopping centers shall have clearly defined, highly visible customer entrances for primary buildings featuring no less than three of the following: canopies or porticoes; overhangs; recesses/projections; arcades; raised display windows.
(c) 
Storefront landscaping shall be provided between the foundations of buildings and driveways/parking areas. A minimum of 25% of the area between the building foundation and driveways/parking areas shall be landscaped.
(d) 
All sides of a shopping center or large retail establishment that directly face an abutting public street shall feature at least one customer entrance. This requirement can be met for two sides of a shopping center or large retail establishment by a corner entrance that is visible from both sides.
B. 
Common use area. Shopping centers or large retail establishments of 100,000 square feet or more of gross building floor area shall contain a common use area that will serve as a focal point for the center and provide walkways, seating and landscaping; water features, courtyards, mini parks and plazas are encouraged. The common use area shall meet the following requirements:
(1) 
It shall generally be located between the street and the front facade of the primary shopping center or large retail establishment building within 200 feet of this building.
(2) 
It shall be equal to or greater in size than 5% of the gross floor area of the shopping center or large retail establishment.
(3) 
It shall be directly connected to the sidewalk in front of the shopping center or large retail establishment, without intervening driveways or streets.
(4) 
It shall consist of one contiguous area, and the shape and location of the common use area shall be approved by the Borough Council in consultation with the Borough Planning Commission.
(5) 
It shall be improved with a gazebo, pavilion, clock tower, or paved patio area with a fountain to help identify this area as the central gathering place for the development. This improvement shall be a minimum of 300 square feet in size.
(6) 
It shall contain shade trees, ornamental plantings, and seating; it may also contain outdoor dining areas.
C. 
Parking and driveway design standards. Parking lots shall be landscaped according to the following regulations:
(1) 
The ends of all parking rows shall be divided from drives by planting islands.
(2) 
There shall be no more than 15 contiguous parking stalls in a row without a planting island.
(3) 
Planting islands shall be a minimum of 10 feet by 20 feet in area, underlain by soil (not base course material) and shall be protected by curbing, wheelstops or bollards. Each planting island shall contain at least one shade tree plus low-growing shrubs and/or ground cover to cover the entire area at maturity.
(4) 
Parking lots shall be divided by planting strips placed at intervals of one for every four or fewer rows of parking for parking lots. These planting strips shall meet the following requirements:
(a) 
At least half of the planting strips shall be a minimum of 15 feet in width and contain a five-foot paved walkway leading towards the building, with five feet provided for plantings on both sides of the walkway.
(b) 
All other planting strips shall be a minimum of 10 feet in width, with all 10 feet for plantings.
(c) 
Strips shall run the length of the parking row, be underlain by soil, and be protected by curbs, wheelstops or bollards.
(d) 
Planting strips shall contain plantings of one canopy tree every 25 feet, two shrubs per tree, and ground cover/shrubs to cover the entire remaining unplanted area at maturity.
(5) 
A perimeter planting area at least 10 feet in width shall be provided along all property lines and street ultimate rights-of-way lines.
(6) 
The maximum depth of a parking area located within the front yard of a Gateway Commercial building with less than 20,000 square feet of building area shall be 65 feet, measured perpendicular or radial to the street ultimate right-of-way line.
(7) 
Each commercial use shall provide access easements for its parking aisles and driveways guaranteeing access to all abutting lots zoned Gateway Commercial, unless all possible interconnections between two abutting lots must cross 20 linear feet or more of wetlands or floodplain or 15% or more of natural slopes. Parking areas on adjacent lots shall be directly connected by a driveway. These interconnections shall be constructed during the initial land development.
(8) 
Large retail uses and shopping centers with over 100,000 square feet of gross building floor area shall provide the following:
(a) 
A pickup area for public transportation located between the street and the front facade of the large retail use or shopping center. The pickup area must include a ten-foot-by-twenty-foot waiting area that is separated from other sidewalks in the development. The pickup area must also include an area where a forty-foot bus can park without blocking any lanes of the development's driveways.
(b) 
Driveways and a parking area that can handle and are designed for the weight and length of a forty-foot passenger bus.
(9) 
Properties with frontages of 600 feet or less on any individual street are permitted only one driveway intersection per street. Properties with frontages greater than 600 feet may be permitted a maximum of two driveways per street frontage, provided that such driveways are at least 300 feet apart. Regardless of frontage, a development may be restricted to a single driveway, depending on usage and interior and exterior traffic patterns.
(10) 
Parking areas containing 50 or more cars shall have a minimum driveway length of 50 feet provided between the road ultimate right-of-way line and the first parking space or internal driveway intersection. Parking areas containing less than 50 cars shall have a minimum driveway length of 20 feet provided between the road ultimate right-of-way line and the first parking space or internal driveway intersection.
D. 
Pedestrian circulation design standards.
(1) 
There shall be clear grade separating pedestrian connections between all parking areas and all buildings. The sidewalks required within planting strips by § 181-61C(4) under parking and driveway design standards may be used to meet this requirement.
(2) 
Continuous internal pedestrian walkways, no less than five feet in width, shall provide a direct link from the public sidewalk or street right-of-way to the principal customer entrance of all principal retail establishments on the site. Walkways shall also connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, and building and store entry points. The sidewalks required within planting strips by § 181-61C(4) under parking and driveway design standards may be used to meet this requirement.
(3) 
Unobstructed sidewalks, no less than six feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Along facades with building entrances, the required six-foot side sidewalk area shall be set back from the facade by a three-foot area that either contains planting beds or additional sidewalk width.
(4) 
All internal pedestrian walkways and crosswalks shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort.
(5) 
Buildings and sidewalks shall be handicapped accessible.
E. 
Lighting standards.
(1) 
Lighting shall be shielded to meet the following requirements:
(a) 
No light shall shine directly into the windows of a building on abutting property.
(b) 
No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property. Such lighting shall not exceed 1/2 ISO footcandle at ground level on the abutting property.
(c) 
No light shall shine directly onto public roads.
(2) 
Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the proposed development and shield the residential properties from direct lighting or glare. The light source itself must not be visible from the abutting residential property.
(3) 
No parking lot lighting standard or building fixture shall exceed 25 feet in height from grade level, and no pedestrian lighting standard shall exceed 16 feet in height from grade level.
(4) 
Light fixtures located closer to a side or rear lot line than the side or rear yard setback, shall be no more than 10 feet high, and shall direct the light source away from the property line.
(5) 
Light fixtures located along a residential property line shall be set back a minimum of 20 feet from the property line.
(6) 
No streamers or festoon lighting, comprising a group of incandescent light bulbs, shall be hung or strung on a building or any other structure.
(7) 
No flashing or intermittent or moving lights, including lights on signs, shall be permitted.
F. 
Noise control.
(1) 
No person shall cause, suffer, allow or permit the operation of any sound source on a commercial property or public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by 10 dBA during daytime (7:00 a.m. to 9:00 p.m.) hours and by five dBA during nighttime (9:00 p.m. to 7:00 a.m.) hours when measured at or within the real property line of the receiving property.
(2) 
No delivery, loading, trash removal or compaction or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dBA, as measured at the lot line of any adjoining property.
G. 
Other requirements.
(1) 
Loading docks, utility meters, HVAC equipment, trash dumpsters and other service functions shall be incorporated into the overall design theme of the building so that the architectural design is continuous and uninterrupted by ladders, towers, fences and equipment. These areas shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
(2) 
Outdoor sales and storage areas shall conform to the following requirements:
(a) 
Outdoor sales and storage areas shall not be located within 20 feet of any public street or public sidewalk.
(b) 
These areas shall be screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.
(c) 
Outdoor areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls or fences. Materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors of the building.
(d) 
Outdoor storage areas shall not exceed 10% of the gross building floor area of any uses.
A. 
Applicability. The designated reviewer (hereafter the "reviewing body"), as established by Borough Council and as authorized by Article VII-A of the Municipalities Planning Code, shall have authority to review all applications submitted to the Borough for the following:
(1) 
Construction of new buildings.
(2) 
Additions and alterations which increase or decrease the size of the building by at least 20% of the building's footprint.
(3) 
Modification of the exterior design features of an existing building which involves a change in the exterior materials in existence on such building. "Modification of the exterior design features," as used herein, includes but is not limited to the addition, deletion or modification of surface materials (masonry, wood, brick, stucco), windows, doors, porches, porticos, chimneys, cornices, etc., that results in a change to the actual structure of the building. The replacement of elements that are currently part of the building's architecture for reasons of age, condition, etc., shall not require review.
(4) 
Design review is not required for repainting of surfaces or the repair, restoration or reconstruction of exterior design features where such work maintains the outer dimensions and surface relationships of the existing building. Design review is not required for the replacement of doors, windows or other transparent surfaces that currently exist, provided windows and transparent surfaces are not replaced with nontransparent materials and the surface area of the replacement door, window or other transparent surface does not exceed the dimensions of the existing feature by more than 10%.
B. 
Application and approval process. The application process and approval process shall be the same as those described in § 181-14B, Application process, and § 181-14C, Approval process, in Article IV, TR Traditional Residential Infill Overlay District, except to the extent that reference is made in those sections to residential dwellings.
[Amended 4-23-2012 by Ord. No. 5-2012]