Township of Lower Salford, PA Article XIIIA VC Village Commercial District

[Amended 4-20-1988 by Ord. No. 88-2; 7-22-1993 by Ord. No. 93-8; 8-21-1997 by Ord. No. 97-5; 11-4-1998 by Ord. No. 98-14; 12-5-2001 by Ord. No. 2001-4; 9-2-2015 by Ord. No. 2015-04]

§ 164-70.1 Legislative intent.

In expansion of the community development objectives contained in Article II of this chapter and in support of the goals and implementation techniques of the 1975 Harleysville Land Use Study and 1993 Comprehensive Plan, it is hereby declared to be the intent of the VC Village Commercial District to establish reasonable standards to permit and regulate limited commercial, office and residential uses within the Village Commercial District. Furthermore, it is the intent of this article to:

A. Encourage the retention of the village atmosphere of the Villages of Mainland, Lederach and Vernfield, and the Central Main Street area of the Village of Harleysville by preserving the existing buildings and landscaped spaces to the greatest extent possible.

B. Encourage retention of existing buildings by permitting a variety of commercial, office and residential uses which are compatible with the existing structural types, lot sizes and other physical and visual characteristics of the Village Commercial District.

C. Permit uses which allow conversion of existing buildings in a manner which maintains the visual character and architectural scale of existing development within the district.

D. Encourage those types of commercial and office uses which do not attract large volumes of traffic and continuous customer turnover.

E. Discourage development of strip-type, highway-oriented commercial uses which require incongruous architectural styles, excessive paved areas and numerous curb cuts.

F. Encourage consolidation of driveways, parking and curb cuts to provide more efficient and economical access and parking.

G. Encourage a coordinated pedestrian path system to provide efficient, pleasant and convenient pedestrian access from parking areas to and among the various permitted uses.

H. Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district.

I. Encourage the formation and continuance of the uncongested environment for business and professional offices intermingled harmoniously with residences and certain other commercial uses.

J. Discourage overdevelopment of lots by limiting the maximum permitted development and the maximum impervious coverage.

K. Encourage redevelopment within the village areas of the Township.

L. Encourage creation of open space, parks or recreation land adjacent to existing open space, parks or recreational facilities.

§ 164-70.2 Use regulations.

A. Permitted uses. A lot may be used for one or more of the following uses, in compliance with the performance standards and dimensional standards contained in this article:

(1) Single-family detached dwelling.

(2) Two-family dwelling (twin or duplex).

(3) Single-family attached dwelling. Single-family attached dwellings shall be developed in accordance with the provisions of Article XI, R-4 Medium-High Density Mixed Dwelling Districts of this chapter.

(4) Apartments.

(5) Office use. The following types of office use shall be permitted:

(a) Business offices.

(b) Professional offices.

(c) Banks or financial offices without drive-in facilities.

(6) Retail shops. The following types of retail shops shall be permitted:

(a) Specialty shops for the retail sale of gifts, antiques, flowers and plants, books, jewelry, wearing apparel, tobacco and related supplies and/or craft shops making articles exclusively for sale for retail on the premises.

(b) Retail sale and repair of jewelry, clocks, optical goods, cameras and their accessories.

(7) Personal service shops. Barbershops and/or hairdresser, shoe repair, tailor and similar services shall be permitted.

(8) Studios. Studios for dance, music, photography and/or art, including exercise facilities that do not require court areas for sports activities, shall be permitted.

(9) Repair shops. Shops for repair of small equipment are permitted, provided that no outdoor storage is used, noise levels are maintained at a level similar to that of other uses permitted in the district and there is no repair of vehicles or vehicle parts.

(10) Municipal buildings, offices and uses.

(11) Churches and other places of religious worship.

(12) Accessory uses for dwellings and commercial properties, provided that any accessory uses, including commercial ones, meet the requirements of § 164-15B of this chapter.

B. Conditional uses. The following uses may be permitted by the Board of Supervisors as conditional uses in accordance with the applicable standards of § 164-70.3 and of § 164-25 of this chapter.

(1) Restaurants, except for fast-food restaurants.

(2) Sale of appliances, electronics and furniture.

(3) Exercise facilities, including court areas, pools or other spacious facilities.

(4) Confectioneries or bakeries for production of articles that will only be sold at retail on the premises.

(5) Funeral homes.

(6) Clubs, lodges or other fraternal organizations.

(7) Hotels and bed-and-breakfasts.

(8) Private preschool, day-care and/or elementary school facilities.

(9) Wholesale uses.

(10) Auto parts and supplies stores, not including vehicle repairs, sales or service.

(11) Drugstores and pharmacies.

(12) Hardware stores.

(13) Rental facilities for tools and equipment.

(14) Convenience food stores.

(15) Fire companies and other rescue services.

(16) Uses permitted by § 164-70.2A when located on an existing nonconforming lot (less than the minimum required lot width or area).

(17) Uses of similar nature to the uses listed in § 164-70.2A.

(18) Food processing, provided that no offensive odors will be discernible at any lot boundary line.

(19) Neighborhood development in accordance with § 164-70.6 of this chapter.

C. Prohibited uses. In support of the legislative intent of this article, the following uses are prohibited:

(1) Indoor and outdoor places of amusement, such as but not limited to arcades and miniature golf.

(2) Automobile or other vehicle sales, service and/or repair agencies.

(3) Gasoline service/filling stations.

(4) Fast-food restaurants.

(5) Bank or financial institutions with drive-in facilities.

(6) Beverage distributors.

(7) Car washes.

(8) Building supplies; bulk storage.

(9) Rental storage facilities (mini-warehouse).

(10) Large stores, such as supermarkets and department stores.

(11) Uses requiring outdoor sales and storage areas, except for garden shops/nursery stock when placed to the rear or side of buildings.

(12) Uses of similar nature to the uses listed in Subsection C(1) through (11) above.

§ 164-70.3 Standards and criteria for conditional uses.

The Board of Supervisors may authorize a use as a conditional use if it conforms to all of the following standards and criteria:

A. General conditions.

(1) The proposed use will not attract large volumes of vehicular traffic nor require more than one curb cut for vehicular access, except in the case of neighborhood development in accordance with § 164-70.6 of this chapter, in which case multiple curb cuts shall not be prohibited.

(2) Minimum visual and functional conflict will be created between the proposed use and nearby uses.

(3) Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in § 164-70.2A of this article.

B. Specific conditions for properties which contain principal buildings that existed at the time of the passing of this article.

(1) Conditional uses must preserve principal buildings, except for properties developed under the neighborhood development option of § 164-70.6 of this chapter and/or except as noted below in Subsection B(2), and must meet the following requirements:

(a) The proposed use will permanently preserve, utilize and maintain an existing principal building in a manner that is consistent with the historic village character.

(b) The proposed use must preserve and maintain the front and side facades and the front porch of the existing principal building. Any expansion done from the rear of the building must conform in scale to the existing building. Any expansion done from the side of the building must conform in scale and building materials to the existing building. Expansions from the front of the building are not permitted.

(2) Existing principal buildings may be razed as part of a conditional use application when the following criteria are met:

(a) The applicant demonstrates to the Township Board of Supervisors that the existing principal building is structurally unsound or otherwise unsuitable for rehabilitation.

(b) A new replacement building is constructed for the razed building. The applicant shall prove, through the submittal of architectural drawings and site plans, that the replacement building meets the following criteria:

[1] The replacement building has a residential character that is compatible with the historic character of the village in which the building is located.

[2] The replacement building is located in approximately the same location as the razed building or is located closer to the street of highest classification on which the property fronts.

[3] The replacement building has at least two full stories.

[4] The replacement building has a bulk and scale that is similar to those commonly found in residences in the village in which the property is located. In no case shall the footprint of the replacement building exceed 2,000 square feet.

[5] The replacement building uses residential building materials that are similar to those commonly used in residences in the village in which the property is located.

[6] The replacement building has residentially scaled windows and doors, with a proportion of windows and doors to solid wall that is similar to proportions commonly found on residential structures in the village in which the property is located.

[7] The replacement building has a pitched roof that covers at least 80% of the building, with a pitch of at least six vertical inches to every 12 horizontal inches; or

(c) The proposed development utilizes the neighborhood development option under § 164-70.6 of this chapter.

(3) Additional buildings may be erected upon the same lot as an existing or reconstructed principal building, provided that the lot has sufficient area to permit such buildings to conform in all respects to the requirements of the zoning district. Any new buildings shall be of such size, scale, general appearance and building materials so as to conform to the general nature of surrounding buildings and not detract from the intent of this chapter to preserve the historic village appearance.

C. Specific conditions for properties which do not contain buildings that existed at the time of the passing of this article.

(1) New buildings may be constructed on any empty lot, provided that the lot and building conform in all respects to the requirements of this zoning district.

(2) Any new buildings shall be of such size, scale, general appearance and building materials so as to conform to the general nature of surrounding buildings and not detract from the intent of this Code to preserve the village commercial appearance.

(3) A conditional use for a new building will not be permitted for buildings erected on lots which are formed by combining an existing empty lot with a lot upon which an existing principal building has been demolished, unless a replacement building is constructed in accordance with Subsection B(2) of this chapter.

§ 164-70.4 Density and dimensional standards.

The following standards shall govern all uses, subdivision and land development within the VC District, except for neighborhood development in accordance with § 164-70.6 of this chapter:

A. Minimum net lot size: 10,000 square feet.

B. Minimum lot width at the building line: 60 feet.

C. Density. The maximum permitted development on a lot shall be as follows:

(1) For each 7,500 square feet of net lot area, an applicant is permitted either:

(a) One dwelling unit; or

(b) One thousand two hundred fifty square feet of nonresidential net floor area.

(2) Density bonus. The maximum permitted development may be increased when the development meets one or both of the criteria listed below:

(a) For using a building constructed before 1940, preserving and maintaining the front and side facades and preserving the front porch, if any, or for reconstructing a building in accordance with the requirements of § 164-70.3B(2)(b), the maximum permitted development per 7,500 square feet of net lot area may be increased by:

[1] One dwelling unit; or

[2] Five hundred square feet of nonresidential net floor area.

(b) When two abutting lots share common parking and driveways, the maximum permitted development per 7,500 square feet of net lot area may be increased by:

[1] One dwelling unit; or

[2] Two hundred fifty square feet of nonresidential net floor area.

(3) Density calculation. For calculating the amount of development that is permitted on a lot, use one of the formulas listed below, based on the variable inputs defined below:

(a) To determine the number of dwelling units that can be built, use the following formula:

	Where:
		A	=	The permitted number of dwelling units.
		B	=	The proposed amount of nonresidential net floor area, in square feet. (This may equal zero if the development will be all residential.)
		C	=	The number of additional dwelling units permitted per 7,500 square feet of lot area when historic buildings are preserved or common parking is used. (This will equal one when an historic building is preserved, one when common parking/driveway is used and two when both an historic building is preserved and common parking/driveway is used.)
		D	=	The amount of additional nonresidential net floor area, in square feet, permitted per 7,500 square feet of lot area when historic buildings are preserved or common parking is used. (This will equal 500 when an historic building is preserved, 250 when common parking/driveway is used and 750 when both an historic building is preserved and common parking/driveway is used.)
		E	=	The net lot area, in square feet.

(b) To determine the amount of nonresidential net floor area that can be built, use the following formula:

	Where:
		B	=	The permitted amount of nonresidential net floor area, in square feet.
		A	=	The proposed number of dwelling units. (This may equal zero if the development will be all nonresidential.)
		C	=	The number of additional dwelling units permitted per 7,500 square feet of lot area when historic buildings are preserved or common parking is used. (This will equal one when an historic building is preserved, one when common parking/driveway is used and two when both an historic building is preserved and common parking/driveway is used.)
		D	=	The amount of additional nonresidential net floor area, in square feet, permitted per 7,500 square feet of lot area when historic buildings are preserved or common parking is used. (This will equal 500 when an historic building is preserved, 250 when common parking/driveway is used and 750 when both an historic building is preserved and common parking/driveway is used.)
		E	=	The net lot area, in square feet.

D. Lot coverage. No more than 80% of the net lot area may be covered by buildings and/or impervious paving materials, including walkways.

E. Yard regulations.

(1) Front yard.

(a) Minimum depth. All buildings shall meet the average front yard setback of existing buildings within 300 feet (of both side lines of the property on which the new building is proposed to be constructed) on the same street within the district as the proposed building; provided, however, that no proposed building is permitted to be located within the legal right-of-way of any street. If no buildings are present, the buildings shall be set back a minimum of 25 feet from the legal right-of-way line.

[Amended 7-7-2021 by Ord. No. 2021-08]

(b) The entire front yard shall be maintained as a landscaped area, except for walkways and one access driveway which shall not exceed 24 feet in width. On properties with more than one front yard, the Township Board of Supervisors may permit applicants to put parking between the primary building and the street of lowest classification on which the property abuts, provided that the applicant demonstrates that it is impossible to locate parking outside of a front yard area.

(c) Existing trees in the front yard area shall not be cut down unless they interfere with driveway location; the applicant demonstrates that they are in poor health.

(d) The applicant is encouraged to retain and properly maintain existing desirable shrubs and lawn areas or replace them with better-quality plant materials.

(e) No parking shall be permitted in front yard areas, which includes all area between the primary building and the street. On properties with more than one front yard, the Township Board of Supervisors may permit applicants to put parking between the primary building and the street of lowest classification on which the property abuts, provided that the applicant demonstrates that it is impossible to locate parking outside of a front yard area.

(2) Side yard.

(a) Each side yard shall be a minimum of 10 feet in width.

(b) Side yards containing an access driveway shall be a minimum of 25 feet in width and shall contain a planting strip that is at least five feet in width, located between the driveway and the side property line.

(c) When an access driveway is shared by two or more lots, the lots do not need a twenty-five-foot side yard; instead, the following standards shall apply:

[1] Each lot's side yard shall be a minimum of 10 feet in width.

[2] The driveway may be located along or straddling the common boundary of the lots.

[3] When a shared driveway is used, access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Board of Supervisors in consultation with the Township Solicitor. Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Board of Supervisors in consultation with the Township Solicitor.

(3) Rear yard. Each rear yard shall be a minimum of 20 feet.

F. Maximum building height. No building shall exceed 3 1/2 stories or 40 feet in height.

§ 164-70.5 Additional regulations.

A. Maximum building dimensions. All buildings shall meet the following dimensional requirements:

(1) Single-family attached dwellings.

(a) The maximum dimension of the building shall not exceed 150 feet, measured horizontally, parallel to exterior walls, provided that for buildings with a dimension of 75 feet or more, measured horizontally, parallel to exterior walls, such facade has an offset in the facade that is at least two feet in depth every 50 horizontal feet of facade length that is visible (i.e., not blocked from view by another building) from Main Street, Maple Avenue or Route 113.

(2) All other buildings.

(a) For buildings located within 150 feet of the ultimate right-of-way lines of Main Street, Maple Avenue or Route 113, the maximum dimension of the building shall not exceed 75 feet, measured horizontally, parallel to exterior walls.

[1] An existing building with significant portions built before 1940 may be expanded to exceed the maximum of 75 feet, provided that such expansions are to the rear or side of the building, the expansions are compatible with the historic village character (such as including architectural forms and treatments that are typical in the village), and additions to the side are set back at least 10 feet from the front facade of the building. Architectural drawings shall be provided to the Township to demonstrate compliance. All such expansions, however, may not result in an overall dimension greater than 100 feet.

(b) For buildings located 150 feet or more from the ultimate right-of-way lines of Main Street, Maple Avenue or Route 113, the maximum building dimension may exceed 75 feet, measured horizontally, provided that the following requirements are met:

[1] A building with a residential character that is compatible with the historic village character exists within the one-hundred-fifty-foot area between the street ultimate right-of-way of Main Street, Maple Avenue or Route 113 and the proposed building.

[2] The proposed building has an offset in the facade that is at least 10 feet in depth every 50 horizontal feet of facade length that is visible (i.e., not blocked from view by another building) from Main Street, Maple Avenue or Route 113.

B. Accessory use setback. No accessory use shall be permitted within the front yard. Buildings shall be set back at least five feet from side or rear property lines.

C. Parking setback and design regulations.

(1) Parking setback.

(a) Parking spaces, aisles and driveways serving the spaces shall be set back a minimum of five feet from rear and side property lines unless common parking is shared with one or more abutting lots, in which case parking may abut or cross the property lines shared by the common users. Driveways for single-family attached dwellings may abut lot lines of adjacent dwelling units in the same building.

(b) Access easements and maintenance agreements or other suitable legal mechanisms shall be provided for common driveways or parking areas, acceptable to the Board of Supervisors in consultation with the Township Solicitor.

(2) Parking and vehicular access design standards.

(a) All parking spaces shall be:

[1] Set back a minimum of five feet from the edge of paving of alleys, said five feet to be measured from the point at which the alley cartway paving reaches a width of 20 feet.

[2] Set back a minimum of four feet from all buildings.

[3] Set back a minimum of 10 feet from the boundary line of a more restrictive zoning district.

(b) The following setbacks from intersections shall apply for all access driveways where feasible, measured between center lines:

[1] Semi-controlled access roads: 75 feet.

[2] Other roads: 50 feet.

(c) No parking shall be permitted in front yard areas which includes all area between the primary building and the street. On properties with more than one front yard, the Township Board of Supervisors may permit applicants to put parking between the primary building and the street of lowest classification on which the property abuts, provided that the applicant demonstrates that it is impossible to locate parking outside of a front yard area. This § 164-70.5C(2)(c) shall not apply to neighborhood development.

D. Landscaping and buffer requirements.

(1) Landscaping. All areas of a lot not covered by building and/or impervious paving materials shall be maintained as landscaped areas containing the trees, shrubs and ground cover materials, which may include lawn areas. At least 20% of the lot must be landscaped.

(2) Buffer and screen planting shall be provided in accordance with Chapter 142, Subdivision and Land Development.

E. Sewer and water facilities; utilities.

(1) Sewer and water facilities. All new development and conversions shall be served by public sewer facilities; public water service shall be provided where it is available.

(2) Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground whenever feasible.

F. Signs. All signs in the VC District shall comply with Article XVIIA of this chapter.

G. Lighting facilities. Lighting facilities shall not produce unreasonable glare or hazardous interference on abutting properties or highways, and all lighting shall comply with the lighting requirements outlined in § 164-25.2C of this chapter.

H. Trash, refuse and service areas.

(1) Trash and refuse area. Trash and refuse shall either be stored inside the building or within an opaque screened area which shall be at least six feet high and shall be higher if necessary to screen the trash. This screened area shall be put in the rear of the property unless the Township Board of Supervisors determines that trash facilities located in the side of a property will have less impact on abutting properties than facilities to the rear.

(2) Service areas. Loading and unloading areas shall be provided which do not conflict with pedestrian or vehicular movement. Loading and unloading areas shall not be required for neighborhood development.

I. Sketch plans. For subdivision and/or land development as defined and governed by the Pennsylvania Municipalities Planning Code, the procedure shall be as required in Chapter 142, Subdivision and Land Development. For any other type of proposal, the following regulations shall apply:

(1) A sketch plan shall be submitted to the Zoning Officer, drawn to scale and showing sufficient, labeled detail to enable the Zoning Officer to review the proposal and make a determination of compliance.

(2) As needed, the Zoning Officer may submit the plan to the Township and County Planning Commissions for their advice.

§ 164-70.6 Neighborhood development option.

A neighborhood development may be developed with or without separate lots for each dwelling unit and shall meet the following criteria and design requirements.

A. A neighborhood development shall be permitted by conditional use. The following conditional use criteria shall be met, in addition to the procedures and applicable standards for conditional use approval in § 164-25 of this chapter.

(1) Design/use criteria (in lieu of the requirements of § 164-70.4):

(a) Minimum tract area: eight acres [based on the total tract area (i.e., gross lot area of all lots that are part of the development plan, including but not limited to, contiguous lots separated by streets)].

(b) Maximum density: six dwelling units per acre [based on the total tract area (i.e., gross lot area of all lots that are part of the development plan, including but not limited to, contiguous lots separated by streets)].

(c) Use/dwelling types/mix: A neighborhood development shall be limited to residential uses and may include single-family detached dwellings and all types of single-family attached dwellings (i.e., triplex buildings, quadruplex buildings, townhouse buildings and age-targeted buildings). No other dwelling types shall be permitted. There shall be no fewer than two dwelling types in a neighborhood development.

(d) Tract boundary setback: 30 feet minimum.

(e) Impervious cover: The maximum impervious cover for the total tract area (i.e., gross lot area of all lots that are part of the development plan, including but not limited to, contiguous lots separated by streets) shall be 75% (based on net lot area).

(f) Common open space: a minimum of 25% of the total tract area (i.e., gross lot area of all lots that are part of the development plan, including but not limited to, contiguous lots separated by streets) shall be common open space. Such common open space shall be subject to and shall conform to the following standards:

[1] A neighborhood development shall contain a central commons or pocket park of no less than 6,000 square feet in size. The central commons or pocket park shall be an improved landscaped area with pedestrian access and shall include a gazebo, pavilion, paved patio area with a fountain, decorative seating area, or similar area, provided that any such area is a minimum size of 300 square feet.

[2] Common open space areas shall be no less than 30 feet in width unless the area contains a walking trail, in which case the minimum width shall be 20 feet.

[3] Common open space areas shall not be located closer than 12 feet to the front or side of any building or 15 feet from the rear of any building wall.

[4] Common open space areas shall not include any driveways, streets, alleys, or required residential parking areas (not including permitted public parking facilities).

[5] Stormwater facilities, utility, communication and similar facilities shall be permitted underground, underneath common open space areas. Aboveground stormwater facilities shall be permitted within common open space areas, provided that any aboveground stormwater facilities do not exceed more than 10% of the minimum required common open space for the neighborhood development. Existing overhead utility lines shall also be permitted within common open space areas. None of the aforesaid areas shall be deducted from the common open space calculation.

[6] Common open space shall meet the requirements of Code § 164-22A and/or shall be suitable for passive open space uses, such as pedestrian activity, bicycling, green space, landscaping, viewsheds, central commons, pocket park, and the like.

[7] Common open space may be provided in multiple locations throughout the development.

[8] Tract boundary setback areas may be counted as part of the required common open space.

[9] Common open space adjoining Township owned land, community facilities, or parks shall be initially offered for dedication to the Township, either as fee simple dedication or an easement. Whether such offer is accepted or not accepted by the Township, the common open space shall be deed restricted for stormwater management facilities, open space and/or park and recreation use and uses accessory thereto, including public parking. With regard to the location of stormwater management facilities in any common open space accepted by the Township, if existing public parking areas are proposed for relocation, the same size and number of public parking spaces shall be provided elsewhere within the common open space at locations reasonably acceptable to the Township. If the offer of dedication of the common open space includes land on which stormwater facilities are proposed for the development, the homeowners' association shall remain fully responsible for the maintenance of those facilities through an agreement to be approved by the Township Solicitor. The area of any stormwater management facilities and public parking shall qualify to be counted as part of the common open space.

[10] Where there is any conflict between the common open space provisions of this section and any other common open space provisions of the Township Code, this section shall be controlling.

(g) Architecture. Concepts for the exterior architectural design of the dwelling units within a neighborhood development shall be provided during the conditional use process. The architectural design shall be consistent with the scale and massing of residential development within traditional village areas.

(h) Additional regulations. The additional regulations of § 164-70.5 shall apply to neighborhood developments.

(2) Dimensional standards (in lieu of the requirements of § 164-70.4):[1]

[1] Editor's Note: The Table of Dimensional Standards for Neighborhood Development Option is included as an attachment to this chapter.

§ 164-70.7 through 164-70.20. (Reserved)