Township of Worcester, PA Article XXD Cedars Village Overlay District

[Added 10-17-2012 by Ord. No. 235]

§ 150-146.18 Purpose; applicability.

A. The Cedars Village Overlay District is intended to establish reasonable standards for a variety of residential and nonresidential uses within Cedars Village, in conformance with the following objectives:

(1) Preserve and reuse the historic structures in Cedars Village, and provide for renovation and new construction that complement the existing desirable village characteristics of Cedars Village to the greatest extent possible.

(2) Permit a variety of uses that can be accommodated by existing types of structures, lot sizes, and other physical and visual attributes of properties in the district.

(3) Encourage development that is in keeping with the character of Worcester Township.

(4) Prohibit development of retail commercial uses that are typically high-volume-traffic generators, have a strip-type or highway-oriented commercial appearance, contain excessive amounts of paved areas or numerous access points, have incongruous architectural styles, or do not contribute to the historic character of the village.

(5) Encourage shared use of access driveways to reduce the total number of driveways, minimize the number of new driveways, and provide more efficient and safer access and traffic flow.

(6) Reduce the visual impact of parking and encourage adjoining properties to share parking.

(7) Provide safe and sufficient pedestrian access from along roadways and from parking areas to the various permitted uses in the village, and encourage the inclusion of trail connections to and throughout the village.

(8) Minimize visual and functional conflicts between residential and nonresidential uses within the district, and protect abutting residential districts from adverse impacts.

(9) Provide for public gathering space and public open space.

(10) Provide for a transfer of development rights receiving area from rural and agricultural preservation areas of the Township into the village, to reduce development pressures on the rural and preservation areas of the Township and provide additional development options in the villages, consistent with the goals above.

B. The standards and requirements of the underlying district shall apply where the provisions of this overlay district do not. In the event of a conflict, the provisions of this district shall apply.

§ 150-146.19 Establishment of district.

The Cedars Village Overlay District shall apply where indicated on the Official Zoning Map of Worcester Township.

§ 150-146.20 Permitted uses: Class 1.

A. The following uses shall be permitted in compliance with the density and dimensional standards herein:

(1) A building may be erected, altered, or used and a lot or premises may be used for any one of the following uses, in accordance with all use and dimensional regulations contained in this article and all other applicable zoning ordinance requirements, and in conjunction with one single-family residential use in the same building or on the same lot:

(a) Antique shop, florist, tailor, dressmaker, newsstand or bookstore;

(b) Artisan or craft studio, or art/music/dance studio, including related retail sales;

(c) Shop for the repair for the following: shoes, antiques, jewelry, watches, clocks, optical goods, furniture, computers, musical, professional or scientific instruments, bicycles, including related retail sales.

(d) By special exception: similar retail, repair, boutique and personal service shops normally characterized by low customer or traffic counts as shown in a letter from a licensed traffic engineer referring to the expected counts for the particular use as set forth in the latest edition of the ITE Manual.

(2) Other sections of this article notwithstanding, no property in the Class 1 district shall be allowed to increase density or intensity of use beyond the dimensional limitations set forth in § 150-146.21 below.

§ 150-146.21 Area and bulk regulations: Class 1.

A. Yard requirements.

(1) Minimum lot area: 30,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Minimum front yard: 50 feet.

(4) Minimum side yard: 25 feet.

(5) Minimum rear yard: 25 feet.

(6) Maximum allowable building coverage: 15%.

(7) Maximum impervious coverage: 40%.

B. Standards and criteria.

(1) All uses must be conducted and contained entirely within the building or outbuilding(s).

(2) There shall be no exterior storage or display of goods and/or merchandise, except for nurseries and Christmas tree sales as allowed by the underlying district.

(3) Nonresidential uses on a lot shall not exceed 50% of the total building area.

(4) There shall be no exterior storage of trash, refuse, or recycling. No roll-off containers or dumpsters shall be permitted on any Class 1 property.

§ 150-146.22 Use regulations: Class 2.

A. By-right uses. A building may be erected, altered, or used and a lot or premises may be used for any of the following uses, in accordance with all use and dimensional regulations contained in this article and all other applicable zoning ordinance requirements:

(1) One single-family detached dwelling unit, according to the provisions of the underlying zoning district.

[Amended 12-19-2012 by Ord. No. 241]

(2) Retail shops, such as antique shop, florist, newsstand, bookstore, hardware store, copy shop or printing shop, specialty food, grocery or produce store.

(3) Artisan or craft studio, or art/music/dance studio, exercise/wellness facilities that do not require outdoor court facilities for sports or games, including related retail sales.

(4) Shop for the repair of the following: shoes, antiques, jewelry, watches, clocks, optical goods, furniture, computers, musical, professional or scientific instruments, or bicycles, including related retail sales.

(5) Barbershop, hairdresser, tailor, or dressmaker.

(6) Business or professional office, but excluding walk-in clinics.

(7) Financial institution or funeral home.

(8) Restaurant, tearoom, sandwich shop, ice cream parlor, coffee shop, bakery, or similar establishment serving specialty food or beverage subject to the following conditions.

(a) Outdoor dining areas shall be limited to 36 seats per establishment and shall be located at least 25 feet (measured from the edge of the hard surface on which tables and chairs are placed) from any other property utilized (even partially) for residential purposes at the time the outdoor dining is proposed.

(b) Outdoor dining areas shall be separated from any driveway, parking area, common area, or pedestrian walkway by removable structures such as planters, posts with ropes, etc., or by permanent structures such as bollards, half-walls or screens.

(c) Outdoor dining areas that are less than 150 feet (measured from the edge of the hard surface on which tables and chairs are placed) from any other property utilized (even partially) for residential purposes at the time the outdoor dining is proposed shall be screened from such properties containing any residential use as follows:

[1] Landscape buffer. A screen as required by § 130-28G(5)(f) of the Subdivision and Land Development Ordinance[1] shall be maintained around the perimeter of the outdoor dining with a minimum width of 20 feet; or

[1] Editor's Note: See Ch. 130, Subdivision and Land Development.

[2] Fencing plus landscaping. A solid fence at least eight feet in height plus a landscaping screen of at least five feet in width, as required by § 130-28G(5)(f) of the Subdivision and Land Development Ordinance shall be maintained around the perimeter of the outdoor dining area; or

[3] Buildings. The outdoor dining area may be considered screened if the area is situated such that one or more buildings (at least 10 feet in height) are located between the outdoor dining area and the residential property with no visual gaps as viewed from the first floor of the dwelling unit on that property.

[4] Any combination of the above.

(d) Permitted hours of service:

[1] Sunday through Thursday: 7:00 a.m. to 11:00 p.m.

[2] Friday through Saturday: 7:00 a.m. to 12:00 p.m.

(9) Pet services, including sales of goods, training, and grooming services, but excluding kennels, pet day care, and boarding.

(10) Post office.

(11) Museum or exhibit gallery.

(12) Municipal uses.

(13) Open space or village green.

(14) Temporary and seasonal outdoor events such as farmers markets, craft or art shows, sales of nursery stock or Christmas trees and antique car shows, but excluding fairs and carnivals (i.e., events involving amusement rides or games), in accordance with the following additional requirements:

(a) The minimum lot area shall be five acres.

(b) The event area shall be located at least 40 feet from any adjacent property.

(c) Public restrooms within a building or temporary toilet facilities shall be provided.

(d) Christmas tree sales shall be limited to one month prior to Christmas Day.

(e) Antique car shows shall be limited to four days per calendar year.

(f) Any such temporary or seasonal outdoor event shall require a special event permit from Worcester Township, in which the number and temporary construction design of adequate parking shall be stipulated.

(15) Bed-and-breakfast establishment that meets the following additional requirements:

(a) The minimum lot area shall be 30,000 square feet.

(b) There shall be no external alteration of the building except as may be necessary for safety requirements. Exterior stairways, when required for safe egress, shall be located, whenever practicable, to the rear of the building.

(c) There shall be no separate cooking or kitchen facilities in any guest quarters.

(d) The use of any amenities provided by the establishment, such as swimming pool or tennis courts, shall be restricted to the owners of the establishment and their guests, and guests staying at the establishment.

(e) A maximum of five guest rooms or suites shall be permitted per establishment, with a maximum of 15 guests at the establishment at any one time. No guest shall stay longer than one month, and no guest shall use or establish the property as his or her residence.

(f) Off-street parking shall be provided at the rate of one space for each guest room, plus one extra space for establishments with one to three guest bedrooms and two extra spaces for establishments with four or five guest bedrooms, in addition to the parking required for any other permitted use, including single-family residential use. Parking shall be located behind the main building and shall conform to the requirements of § 150-146.27 (Street access and parking) below.

(g) If the property is not served by public sewer, the applicant shall furnish a valid, current Montgomery County Department of Health permit demonstrating that the existing on-lot sewage disposal system is capable of handling the projected increased load. The total number of bedrooms (resident and guest) on the property shall not exceed the number of bedrooms that the on-lot sewage disposal system is designed to accommodate. If the property is served by public sewer, the applicant shall submit documentation that the proposed use will be accommodated by the public sewer system, and that the appropriate number of EDUs for the uses on the property has been acquired.

(h) All bed-and-breakfast establishments shall be subject to and shall demonstrate full compliance with all applicable multifamily building code and fire code requirements.

(16) By special exception: uses similar in size and anticipated traffic impact to those stores, shops, and uses set forth in Subsection A(1) through (7) and (9) through (14) above.

B. Conditional uses. A building may be erected, altered, or used and a lot or premises may be used for any of the following conditional uses, in accordance with all use and dimensional regulations contained in this article and all other applicable requirements, including § 150-215 for conditional uses. Supervisors shall consider the appropriateness of the site location and shall require the additional design standards set forth in this article and the standards set forth in § 150-215, Conditional uses.

(1) Two-family or multifamily residential uses in an existing residential structure, with up to one additional dwelling unit permitted per existing structure and subject to all applicable multifamily building code and fire code regulations. Additional dwelling units in existing structures and dwelling units in new structures or additions may be added using TDRs, as specified in § 150-146.25 below, and subject to all applicable multifamily building code and fire code regulations.

(a) Appropriate provision shall be made for common open space for passive recreational use.

[Added 12-19-2012 by Ord. No. 241]

(2) Bed-and-breakfast establishment that provides more than five and up to 10 guest rooms and meets all of the other additional requirements outlined in by-right use in Subsection A(15) above.

(3) Historic buildings (buildings built before 1940) from elsewhere may be relocated to this district by conditional use, if such a building would otherwise be permissible on the lot, subject to the following standards:

(a) The building height of an historic building may be increased to 40 feet to allow for the relocation of that building, but the increased height limit shall apply only to the existing structure of that building at the time it is moved and not to future additions.

(b) In no case shall setbacks or limitations on total building coverage or total impervious coverage be exceeded except to the extent permitted by the use of TDRs in § 150-146.25 below.

(c) The architectural style, scale, bulk, and design of the historic building proposed to be relocated shall be compatible with the goals of the Cedars Village Overlay article.

(4) Drive-through capability for any by-right or special exception use permitted in the Cedars Village Overlay which does not involve the sale of food or beverage. Such drive-through facilities shall be designed for safe and efficient ingress and egress to public roads; shall not be located in the front yard or in front of the primary use; and shall not unsafely interfere with any internal circulation plan within the Village.

C. Prohibited uses. The following uses shall be prohibited in the Cedars Village Overlay District:

(1) The repair and/or servicing of motor vehicles, equipment, or tools powered by an internal combustion engine.

(2) The sale of items such as automobiles, trucks, motorcycles, farm equipment, boats, motorized recreational vehicles, trailers, and gasoline.

(3) Outdoor display, sales or storage of materials or equipment, except for seasonal outdoor retail sales and plant nurseries.

(4) Car washes.

(5) Heliports.

(6) Bulk storage, warehouses, mini warehouses.

(7) Adult uses.

(8) Industrial uses.

(9) Convenience food stores.

(10) Sale and storage of building supplies.

(11) Recreation facilities such as athletic clubs, arcades, batting cages, indoor golf facilities, skating rinks or skate parks.

§ 150-146.23 Area and bulk regulations: Class 2.

A. The minimum lot area shall be 30,000 square feet, unless a larger lot area is specified in the use regulations above.

B. The minimum lot width shall be 80 feet.

C. Building setbacks.

(1) The minimum front yard shall be 15 feet.

(2) The minimum side yard shall be 15 feet.

(3) The minimum rear yard shall be 25 feet.

(4) Lots that front on two streets shall have a front yard along each street, and there shall be one side yard and one rear yard.

(5) No accessory use or building shall be permitted within the front yard of any lot.

(6) Minimum spacing between buildings on the same lot shall be 20 feet for one-story and 30 feet for two-story buildings.

(7) Maximum building footprint shall be 6,000 square feet.

D. Maximum building coverage shall be 15%.

E. Maximum impervious coverage shall be 45%.

F. For building lots of less than 80,000 square feet (net of road right-of-way) at the time of the adoption of this article, the maximum building coverage shall be 20% and the maximum impervious coverage shall be 60%.

G. Maximum building height shall be 2.5 stories or 35 feet.

H. Nonconformity.

(1) Nonconforming lots and buildings. Any lawful lot or building, or the lawful use of any building, existing at the time this article became effective, that does not conform to lot area and width, building and impervious coverage, height, location, size, bulk or other regulations of the district in which it is located shall be considered a nonconforming building or lot and may continue as such in its present location, subject to all pertinent regulations governing nonconforming buildings in Article XXIII.

(2) Expansion of nonconforming lots and buildings. Any expansion (including extensions) of a nonconforming lot or building in the Cedars Village Overlay District beyond the percentage already permitted in Article XXIII shall be permitted only where TDRs are used in compliance with § 150-146.25 below and shall conform to the area, height, setback, width, and coverage requirements of this overlay district and all other applicable regulations.

§ 150-146.24 Additional development standards.

A. The use or storage of noxious, combustible, explosive or other materials in quantities that would endanger the health and safety of the occupants and surrounding residents is prohibited.

B. Noise levels shall be controlled in accordance with Chapter 111 of the Worcester Township Code of Ordinances.[1]

[1] Editor's Note: See Ch. 111, Noise.

C. Architectural standards.

(1) Existing buildings, whether principal structures or outbuildings, constructed prior to 1940 shall be retained and reused on the property and may not be demolished unless the applicant has demonstrated, to the reasonable satisfaction of the Board of Supervisors, that the buildings cannot be adapted or expanded and used for the use intended or for any other permitted use. Where demolition is permitted by the Board of Supervisors, the development or redevelopment of the property shall be undertaken in a manner that preserves the character of the Cedars Village Overlay District.

(2) Expansion of an existing building constructed prior to 1940, if otherwise permissible, shall be allowed only to the sides and rear. Nonenclosed expansions, such as porches, decks, or covered entryways, shall be exempt from this prohibition.

(a) Any expansion shall conform in general appearance, scale, and building materials to the front facade of the existing building.

(b) Rooflines shall be similar to or complimentary to those of the existing building.

(3) In addition to expansion, any alteration, renovation and reconstruction of an existing building and all new construction shall conform in general appearance, architectural features, scale and building materials to the existing structures in the historic village.

(4) The applicant shall submit architectural drawings for evaluation of any proposed new construction, building expansion, renovation, or reconstruction, including building elevations and colored renderings. The Board of Supervisors may approve expansion, renovation, or reconstruction that is different from the existing building, provided that it complements the existing building and the other buildings in the Cedars Overlay District and does not detract from the intent of this article to preserve and enhance the district's appearance.

D. For parcels greater than five acres in size, appropriate common open space shall be provided.

[Added 12-19-2012 by Ord. No. 241[2]]

[2] Editor's Note: This ordinance also provided for the redesignation of former Subsections D through F as Subsections E through G, respectively.

E. The applicant shall establish by credible evidence:

(1) That the proposed use or other subject of consideration for approval shall be properly serviced by available public or private utilities;

(2) That the traffic generated by the proposed use or other subject of consideration for approval will be accommodated in a safe and efficient manner, or that improvements will be made in order to effect the same; and

(3) That the proposed use or other subject of consideration for approval shall provide safe and appropriate pedestrian and bicycle access.

F. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly designed with regard to street access, pedestrian access, trail access (if applicable), internal circulation, parking, buffering and all other elements of proper design.

G. Applications under this article shall include architectural plans, including elevations, for any proposed buildings or additions/renovations to existing buildings.

§ 150-146.25 Application of transferable development rights.

A. The Cedars Village Overlay Zoning District shall constitute a receiving district for the transfer of development rights as provided in Article XXIX, Transferable Development Rights, § 150-236 et seq.

B. TDRs may be utilized on a parcel in the receiving district as follows:

(1) Nonresidential uses. One TDR shall allow the owner or developer of the receiving parcel an additional 6,000 square feet of impervious coverage area, in addition to that permitted in § 150-146.23D. With regard to any additional impervious coverage area allowed by virtue of utilizing a TDR or TDRs, not more than 1/3 of the additional impervious coverage may be building footprint. By use of TDRs, building coverage may be increased to 20% and impervious coverage may be increased to 60% in Class 2. Any approval of the use of TDRs pursuant to this article authorizes only an increase in maximum building footprint and/or maximum impervious coverage and shall not alter or waive the other development standards of the receiving district.

(2) Residential uses. Each TDR shall allow the owner or developer of the receiving parcel to add one residential dwelling unit to the parcel in conformance with the requirements, and subject to the limitations, of § 150-146.22B(1) and the area and bulk regulations of § 150-146.23.

(3) An application for the transfer of TDRs to a receiving parcel under this article shall comply with all of the requirements set forth in Article XXIX, Transferable Development Rights, § 150-236 et seq.

§ 150-146.26 Signs.

The signage on Class 1 properties and Class 2 properties limited to residential uses shall be regulated by § 150-148 of Article XXI of this chapter. The signage on Class 2 properties containing a nonresidential use or uses shall be regulated by § 150-150 of Article XXI of this chapter.

§ 150-146.27 Street access and parking.

A. Driveways, off-street parking areas, and traffic circulation patterns shall be designed as shared facilities whenever feasible. The design of these elements shall create a unified site plan between lots, in order to gain parking efficiencies, reduce the number of access points, and improve internal and external vehicular circulation patterns.

(1) Applicants shall seek agreements for shared vehicular access as the preferred means for reducing the total number of curb cuts within the district for traffic safety and to eliminate unnecessary congestion. Access agreements, maintenance agreements, or other suitable legal mechanisms to accomplish shared access or shared parking shall be submitted to the Township with the application for land development approval.

(2) Shared access may be located entirely on one lot or be split, equally or unequally, along a common lot line. Shared access along a common lot line shall be allowed regardless of driveway setback requirements in this article.

(3) When two or more abutting lots share an access driveway to a street or road, that driveway shall be designed as the main access to those lots, and any additional existing access driveways to that same street or road shall be closed.

(4) Shared parking may be located along or across a common side or rear lot line, regardless of setback requirements in this article.

(a) The required aggregate parking capacity may be reduced up to 25% by the Board of Supervisors, where shared parking allows greater efficiency for the uses proposed, subject to favorable review and recommendation by the Township Engineer.

B. Where shared driveway access is not feasible, each lot shall have not more than one curb cut per street frontage for a two-way driveway for vehicular access. If sufficient room is not available for one two-way driveway, the Board of Supervisors may approve two curb cuts for two one-way driveways, subject to approval by PennDOT.

C. Driveway widths, grades, and setbacks from intersections shall be regulated by § 130-17 of the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 130, Subdivision and Land Development.

D. Parking shall be set back 50 feet from the ultimate right-of-way. Parking setbacks from side and rear property lines shall be the same as building setbacks with the exception of the portion of shared parking facilities which cross property lines. Parking spaces shall be set back a minimum of five feet from all buildings.

[Amended 12-19-2012 by Ord. No. 241]

E. Parking reserve areas may be approved by the Board of Supervisors in accordance with § 150-159.

F. Bicycle storage. Sufficient area for the storage of bicycles shall be provided as approved by the Township Engineer, including racks or other permanently affixed storage devices, to accommodate one bicycle for each 10 required vehicular parking spaces, at a minimum. Bicycle storage facilities may be held in reserve upon approval of the Board of Supervisors upon a finding that the requirements exceed the current need.

§ 150-146.28 Landscaping and buffer requirements.

A. Landscaping. All areas of a developed or redeveloped lot not covered by building and/or impervious paving materials shall be maintained as landscaped areas containing trees, shrubs, ground cover materials, or hardscaping.

B. Buffers.

(1) A screen buffer as provided in § 130-28G(5)(f) of the Subdivision and Land Development Ordinance shall be installed and maintained between all portions of a property proposing a new or expanded village overlay use and all adjacent residential properties which are within the Village Overlay but which contain only a single-family residential use, or are not located within the Village Overlay District.

(2) The buffer shall have a minimum width of 10 feet from the property line, unless existing buildings are closer to the property line. For a property proposing a new or expanded village overlay use, when an existing building encroaches on the required setback, solid or semi-solid fencing and/or wall up to 10 feet in height may be used in conjunction with vegetative screening as needed to provide the necessary screening from any adjacent property within residential districts.

(3) A buffer planting is not required along those segments of internal lot lines where shared access and/or shared parking are located for village overlay uses.

(4) A buffer planting is not required along those segments of internal lot lines where the lots are owned by the same person or entity, provided that all uses on both properties are nonresidential uses.

§ 150-146.29 Lighting.

A. Lighting facilities shall not produce any glare or hazardous interference on abutting properties or streets.

B. Glare control shall be accomplished through the selection and application of lighting equipment, including shields.

C. All lighting shall be directed away from residential uses on any adjoining properties.

D. Light fixtures shall be no higher than 15 feet above grade in parking lots and 12 feet above grade in all other locations and shall be shielded to protect adjoining properties from glare and so that the smallest area necessary will be illuminated.

§ 150-146.30 Refuse disposal areas.

A. Trash, refuse, and recycling shall be stored inside the building or within a secured, enclosed, fenced area with opaque landscape screening as required elsewhere in this article. Such fencing shall be at least two feet higher than the tallest trash, refuse, or recycling container, and the surrounding landscaping (at the time of installation) shall be at least two feet higher than the fencing.

B. Refuse and recycling areas, whether buildings or enclosed areas, shall be located within the building envelope. No refuse or recycling areas shall be located in the front yard setback.