[Added 2-17-1998 by Ord. No. 4-154-1]
In expansion of the statement of community development objectives contained in Article III, § 160-8, of this chapter and pursuant to the Whitpain Township Comprehensive Plan Update, it is hereby declared to be the intent of this article with respect to the Village Commercial District to allow for professional and business offices and certain commercial uses. Specifically, it is the intent of this article to:
A.
Allow professional and commercial uses adjacent to
residential areas which would be compatible with residential uses,
less intense and of smaller scale than uses typically associated with
other commercial districts which will serve as a transition/buffer
between existing intensive commercial use and residential areas.
B.
Encourage small-scale professional, business and certain
commercial uses in existing structures, especially occupant-operated
enterprises.
C.
Enhance the quality of nonresidential development
by encouraging a residential character, limiting the scale of buildings,
controlling parking and access and establishing design criteria for
signage, lighting and increased landscape buffers.
D.
Encourage the preservation and enhancement of the
residential character of neighborhoods adjacent to the district.
E.
Provide neighboring residential communities with opportunities
for upscale retail services which are in close proximity and in harmony
with the adjacent residential neighborhoods, thereby reducing travel
distance and eliminating congestion.
F.
Prohibit strip-type and highway-oriented commercial
appearance, incongruous architectural styles, excessive building and
impervious cover and nonessential curb cuts.
G.
Retain and enhance to the greatest extent possible
desirable characteristics of the site such as mature trees, historic
structures and other site features; encourage the reuse of noteworthy
structures, now or lately used as residences.
A.
A building or buildings may be erected, altered or
used and a lot or premises may be used or occupied for any one or
more of the following purposes and no other:
(1)
A single-family dwelling, provided that the
regulations of the R-2 Residence District shall be observed and shall
apply to such use.
(2)
Business or professional offices; studios.
(3)
Bank, savings and loan association, financial
institution.
(4)
Municipal uses, excluding a dump.
(5)
Telephone central office; telegraph or other
public utility office; passenger station for public transportation.
(6)
Retail establishments for the sale of dry goods,
variety and general merchandise, clothing, food, drugs, furnishings
or other household supplies, sale and repair of jewelry, watches,
clocks, optical goods or musical, professional or scientific instruments,
bakery, confectionery or custom shop for the production of goods to
be sold at retail on the premises, florist shops, pet stores or pet
grooming establishments, wine and spirit stores; however, the retail
or wholesale sale or storage of lumber, plumbing or other building
materials or supplies shall not be permitted.
(7)
Restaurant, tearoom, delicatessen, retail bakery,
confectionery or ice cream shop or other places serving food or beverages
either enclosed or open air, provided that drive-in, drive-through
or outside carry-out food counters shall not be permitted.
(8)
Personal service shop, including tailor, barber,
beauty salon, dry cleaner, shoe repair, dressmaking or similar shop.
(9)
Any use of the same general character when permitted
by special exception.
B.
Prohibited uses shall be as follows:
(1)
Entertainment facilities such as a bowling alley,
skating rink, pool hall, movie theater, theater and video gaming/pinball
arcade.
(2)
Nightclub or cabaret.
(3)
Adult bookstore or adult cabaret which has as
a substantial or significant portion of its stock-in-trade books,
magazines, publications, tapes, films or live entertainment characterized
by its emphasis on matters depicting, describing or relating to sexual
activities or anatomical genital areas.
(4)
Freestanding or pad sites containing uses or
structures less than 3,000 square feet in size.
C.
Accessory uses on the same lot with and customarily
incidental to any of the forgoing permitted uses.
The maximum height of any building erected shall not exceed two stories and shall not be greater than 30 feet in height as defined under § 160-7B. No part of any building or structure, including chimneys, spires, towers, elevator penthouses, tanks, mechanical apparatuses and similar projections, shall be higher than 35 feet above mean grade level.
B.
The minimum lot area shall be five developable acres,
and a lot must have at least 500 feet of frontage on a public road.
C.
Front yard. There shall be a front yard on each lot
which shall be not less than 50 feet in depth from the ultimate right-of-way
line.
D.
Side yards.
(1)
On each corner lot, there shall be abutting
the street a side yard having a width of not less than 50 feet in
depth from the sideline.
(2)
On interior lots, two side yards are required,
each having a width of not less than 30 feet.
(3)
On a lot the interior side lot line of which
abuts a residential district, the side yard abutting such district
shall have a width of not less than that required in the adjoining
district.
E.
Rear yard. There shall be a rear yard on each lot,
the depth of which shall be not less than 30 feet.
F.
Building coverage. Not more than 25% of the area of
any lot shall be occupied by buildings.
H.
Setbacks from residential districts.
(1)
Where a building is adjacent to a residential
district or faces a street on the opposite side of which is zoned
residential, a setback of 75 feet or twice the height of the building,
whichever is greater, shall be required from the property line or
ultimate right-of-way line.
(2)
No parking or paved area shall be permitted
within 25 feet of a residential district or the ultimate right-of-way
line of a street on the opposite side of which is zoned residential.
I.
Building spacing. Buildings shall be spaced from one
another a distance equal to the height of the taller building but
in no case less than 25 feet.
A.
No individual establishment shall exceed a building
floor area of 15,000 square feet.
B.
The front and side facades of a building built prior
to 1940 and contributing to the historic character of the Township
shall be retained and preserved where feasible.
C.
Sign regulations.
[Amended 10-3-2000 by Ord. No. 4-174; 1-18-2011 by Ord. No.
4-229]
(1)
BRANDING FEATURE
BACK-LIT METAL SIGN LETTER
EDGE-LIT VINYL SIGN LETTER
INDIVIDUAL ESTABLISHMENT
SILHOUETTE-EDGE VINYL SIGN LETTER
TENANT
Definitions: As used in this article, the following terms shall
have the meanings indicated:
An architectural design element or graphic logo used repeatedly
on most proposed informational signs to unify the design of the facility
and establish a unique brand or sense of place.
An individual three-dimentional sign letter consisting of
an opaque metal formed or cast letter mounted no more than three inches
from a wall or sign face. Depth of letter shall be adequate to contain
light source. Light shall escape from the back of the sign letter
only and illuminate the mounting surface only. Light source shall
not be visible from pavements at ground level.
Sign letters sharing a common opaque metal light box consisting
of Plexiglas letters with an opaque vinyl face pushed through the
face of the metal sign box. Exposed side edge of Plexiglas shall be
1/2 inch or less. Exposed internal and external edges of Plexiglas
on front face shall be 1/16 inch or less visible from the front of
the sign. Light shall be emitted from the front edges and sides of
the Plexiglas only. Internal lighting shall be warm white color (2,500°
to 3,500° Kelvin).
An individual establishment shall be required to have its
own independent main entrance, its own electrical control panel, its
own toilet facilities and its own heating system.
An individual sign letter consisting of an opaque vinyl face
with Plexiglas backing mounted to a formed sheet metal box with internal
LED lighting. Exposed side edge of Plexiglas shall be 1/2 inch or
less. Exposed internal and external edges of Plexiglas on front face
shall be 1/16" or less visible from the front of the sign. Light shall
be emitted from the front edges and the sides of the Plexiglas only.
Metal backing shall be no more than four inches deep. Internal lighting
shall be warm white color (2,500° to 3,500° Kelvin).
A place of business with primary access through a shared
lobby or interior hallway, such as within an office building. There
shall be no individual establishments within a tenant-occupied building.
(2)
In the VC Village Commercial District, the following signs may
be erected and maintained as an overall sign package for the property
or properties in the complex when approved by the Board of Supervisors
as a conditional use:
(a)
One freestanding-type ground sign per street frontage. The sign
area shall not exceed 200 square feet per face, and shall identify
the name of the complex and the street address, and may identify the
names of individual establishments within the complex. The sign may
be double-faced and shall be externally illuminated, except that silhouette-edge
vinyl letters, edge-lit vinyl letters and back-lit metal letters may
be used. in the event that the use of silhouette-edge vinyl letters,
edge-lit vinyl letters or back-lit metal letters is proposed, actual
product samples shall be submitted to the Board for review. The branding
feature may be internally illuminated in such a way that the source
of lighting is not visible from paved areas at ground level. The height
of the sign structure shall not exceed 25 feet from the mean elevation
at the bottom of the sign. Should the sign be installed in a planter,
the height of the sign structure shall not exceed 25 feet from the
mean elevation at the bottom of the sign planter walls. Sign lighting
may be turned on during business hours and shall be turned off no
later than 1/2 hour after closing.
[1]
Electronic signs covering no more than 15% of the allowed sign
area on each face may be included in the freestanding-type sign construction.
Actual product samples shall also be submitted to the Board for review
and approval. The graphic display of such electronic signs shall consist
of a static display (not animated) and shall change no more than once
per hour. Display change shall be instant with no animation of any
kind. Display shall not include the colors orange, red or yellow.
The top of the electronic sign shall be no more than nine feet above
the mean elevation at the bottom of the sign. Should the sign be installed
in a planter, the top of the electronic sign shall be no more than
nine feet above the mean elevation at the bottom of the sign planter
walls. The electronic signs may be turned on during business hours
and shall be turned off no later than 1/2 hour after closing.
(b)
One facade sign per each individual establishment facade. Facade
signs may be externally illuminated using shielded fixtures. Facade
signs shall be no greater in length than 75% of the individual establishment
facade length. Signs on facades 40 feet in width or less may be 1.5
square feet per building front foot, up to a maximum of 40 square
feet. Signs on facades 40 feet or greater in width shall not exceed
1.0 square foot per building front foot, and in no event shall be
greater than 100 square feet in size. No facade sign shall exceed
the height of 15 feet above grade. Sign illumination shall be turned
off within 1/2 hour after closing. No facade sign shall be placed
on or above the roofline of the building to which it is affixed. Facade
signs consisting of individual silhouette-edge letters with vinyl
faces and internal LED illumination in warm white color may be used.
(c)
A maximum of two facade signs per tenant-occupied building. Text area shall be no longer than 19 feet and font size shall be no taller than two feet, four inches. No facade sign shall exceed the height of 15 feet above grade. Sign area shall not exceed 40.0 square feet per sign. Sign illumination shall be turned off within 1/2 hour after closing. No facade sign shall be placed on or above the roofline of the building to which it is affixed. Facade signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color may be used. The permitted signs set forth in this Subsection C(2)(c) shall apply to tenant businesses only and shall be provided in lieu of any signs permitted for individual establishments as set forth in Subsection C(2)(b).
(d)
If applicable, in addition to the signs permitted in Subsection C(2)(c), one emergency or urgent care facade sign per tenant providing emergency or urgent care services in a tenant-occupied building. Up to one urgent care facade sign may be provided per building. Text area shall be no longer than 10 feet and font size shall be no taller than one foot, six inches. No facade sign shall exceed the height of 15 feet above grade. Sign area shall not exceed 15.0 square feet per sign. Sign illumination shall be turned off within 1/2 hour after closing. No facade sign shall be placed on or above the roofline of the building to which it is affixed. Facade signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color may be used.
(e)
Building number signs consisting of the numerical portion of
the street address may be attached to tenant-occupied building facades.
A maximum of one building number sign may be placed on each building
facade facing a street or parking area. Building number signs may
include additional nonadvertising symbols for ornamentation on the
main facade only. Font height shall not exceed two feet, four inches.
No building number signs shall be placed on or above the roofline
of the building to which it is affixed. Building number signs consisting
of individual silhouette-edge letters with vinyl faces and internal
LED illumination in warm white color (2,500° to 3,500° Kelvin)
may be used.
(f)
Permanent window identification signs shall be limited to a
total of five square feet of copy area at each individual establishment,
used to identify the individual establishment. Permanent window signs
shall be fully adhered to the glazing and be constructed of long-lasting
UV-resistant materials. Permanent window identification signs in poor
condition shall be promptly removed or replaced.
(g)
Window advertising signs erected and maintained by an individual
establishment shall be limited to 25% of the overall window area of
each individual establishment in addition to permanent window signs.
Signs may include graphics representing the individual establishment's
principal business and may advertise events or commodities offered
in the individual establishment or community events. Window advertising
signs shall be attached to the inside of the glazing or supported
vertically parallel to the glazing. Window advertising signs in poor
condition shall be promptly removed or replaced.
(h)
One lighted "Open" sign per individual establishment may be
displayed on the interior of the window area. The maximum size of
sign shall be three square feet.
(i)
Directory signs shall be limited to a maximum of 45 square feet
per sign. Height of directory signs shall not exceed 10 feet. Width
of directory signs shall not exceed seven feet. Quantity of directory
signs shall be limited to no more than six vehicular directory signs
per complex. The branding feature may be internally illuminated in
such a way that the source of lighting is not visible from paved areas
at ground level.
(j)
Directional signs shall be limited to a maximum of 15 square
feet per sign. Height of directional signs shall not exceed five feet.
Width of directional signs shall not exceed seven feet.
(k)
Grand opening sign: on-site temporary signage that does not
constitute a safety hazard for vehicles or pedestrian travel where
proposed, displayed for a period of no more than 30 days, and only
one time for a newly established business within the complex. Grand
opening temporary facade signage mounted on buildings shall be for
individual establishments only.
(l)
Special event signs: on-site temporary signage that does not
constitute a safety hazard for vehicles or pedestrian travel where
proposed, displayed by the property owner for a period of no more
than 14 days prior to the conclusion of an event; special event signs
shall be displayed no more than four times per year. Special event
temporary facade signage mounted on buildings shall be for individual
establishments only.
(m)
One suspended sign per individual establishment entrance. Suspended
signs shall be a minimum of three square feet and limited to a maximum
of four square feet per sign. The bottom of such signs shall be a
minimum of eight feet above grade. Suspended signs shall be located
no less than nine inches and no more than seven feet from the entrance
to an individual establishment. Overall sign shape shall not be square-cornered.
Elliptical, round-cornered and creative shapes are encouraged. Suspended
signs shall only be externally illuminated. Source of illumination
shall be shielded and shall not be visible from public street or adjacent
driveways. The height of any suspended sign shall not be more than
70% of sign width.
(n)
One fabric awning sign per each individual establishment entrance.
The size of the letters on such sign shall not to exceed nine inches
in height. The copy area shall not exceed 15% of fabric canopy area.
The maximum copy area shall not exceed 5.0 square feet. Striped or
patterned fabrics may be used if the printed fabric decoration does
not include a logo or other identifiable symbol specific to the individual
establishment's product or service.
(o)
A site sign package (including all of the proposed signage for
the subject properties or property in the complex) for VC Village
Commercial Districts shall be submitted to the Board of Supervisors
as part of the Conditional Use application.
D.
Trash stations. Dumpster or trash collection stations
shall be permitted to the side or rear of a building only, must be
enclosed with opaque fencing to a height of at least six feet and
must be maintained to prevent vermin.
E.
Nonresidential buildings shall have a three-foot offset
in the front facade for every 50 feet of continuous facade and a ten-foot
offset every 200 feet. Offsets shall be continuous from grade to the
roofline.
F.
Nonresidential buildings shall have pitched roofs
covering at least 80% of the building with a pitch of at least six
vertical inches to every 12 horizontal inches. The design of nonresidential
buildings shall be varied so that no more than 100 feet of building
shall have a common ridgeline or roof plane (as defined below). For
purposes of this subsection, the "roof plane" shall be defined as
the surface of the roof from gutter edge to ridgeline. Variations
shall consist of a vertical change of ridgelines of not less than
five feet. In no event shall more than 50% of the total ridgelines
be at the maximum allowable height limit.
G.
H.
The project shall be developed and constructed in
accordance with an overall master plan for the site which shall be
updated so as to be current. The development shall be designed and
constructed as a single architectural theme.
I.
Outdoor storage and sales, other than restaurant service
when immediately adjacent to the use, are prohibited. No permanent
or temporary storage of merchandise, articles or equipment shall be
permitted outside a building, and no goods, articles or equipment
shall be displayed or offered for sale between the front line of any
building in the case of an existing building and the front line of
the property.
J.
Limitation on hours of operation. No patrons or customers
shall be admitted to any uses in the VC Village Commercial District
between the hours of 11:00 p.m. and 6:00 a.m. unless otherwise approved
by the Zoning Hearing Board by special exception to allow extended
hours of operation. Not more than 20% of the total retail floor area
of any operating shopping center developed in accordance with the
provision of the VC Village Commercial District shall operate between
the hours of 6:00 a.m. and 9:00 a.m. unless approved by special exception.
[Amended 10-3-2000 by Ord. No. 4-174]
(1)
The burden shall be on an applicant for extended
hours of operation to demonstrate to the Zoning Hearing Board that
the need for a special exception is vital to the business operations
of the applicant or to prove that the extended hours will provide
a necessary service to the community which is otherwise unavailable
in the immediate vicinity of the use.
(2)
The applicant for a special exception to permit
extended hours of operation shall submit a plan to the Zoning Hearing
Board demonstrating its intentions to mitigate or eliminate any adverse
noise or illumination upon adjoining residential districts or street
frontage which may arise from the extended hours of operation.
A.
A VC Village Commercial District use shall be provided with a permanent screen buffer from adjoining and contiguous Residential, Park and Recreation, and Institutional Districts by a combination of the following: wall, fence, evergreen hedge or other suitable enclosure of a minimum height of 6 1/2 feet, placed at least four feet inside the VC Village Commercial District property line. The buffer shall be planted in accordance with a plan approved by the Board of Supervisors following a recommendation by the Planning Commission, which, at the very least, shall conform to the standards and requirements of § 160-107, Buffer yards and planting materials, of this chapter.
[Amended 11-16-1999 by Ord. No. 4-168]
B.
A landscaped softening buffer shall be constructed
in the required front yard of a Village Commercial District. A berm
or series of berms, having a minimum height of three feet measured
from inside the parking lot, shall be constructed within the front
yard softening buffer, except in areas devoted to roads, emergency
access and areas approved by the Board of Supervisors.
[Amended 2-18-2003 by Ord. No. 4-185]
(1)
The required front yard buffer shall be a minimum
of 25 feet, excluding the area devoted to the ultimate right-of-way
of an adjoining street.
(2)
The required front yard buffer shall be landscaped
in accordance with the provisions of this section. Plant material
may be informally arranged and shall be so arranged as to allow for
proper growth and to provide the intended buffer. Existing plants
within the buffer area exceeding the minimum sizes shall be credited
to the buffer requirements. Minimum plant sizes, given either in height
from the ground or in caliper measured one foot from the ground, and
the minimum quantity of plant material required for every linear foot
of front yard buffer as measured along the tract boundary shall be
as follows:
(3)
All required landscaping shall be maintained.
Any dead or dying material shall be removed and replaced with the
same size and quality as originally installed.
(4)
Up to 35% of the trees required in the softening
buffer plantings may be planted elsewhere on site or on other property(s)
as may be required, subject to the specific approval of the Board
of Supervisors for any development in the VC (Village Commercial)
District.
Where the Township Board of Supervisors shall
have approved plans of a village commercial center in accordance with
the regulations herein, the subsequent division of the tract or part
thereof into lots incident to the development of the village commercial
use, for financing purposes only, shall thereafter be exempted from
the bulk, area, yard, open space and green space requirements of the
Whitpain Township Zoning Ordinance, provided that the conveyance of
a parcel within the development plan area shall be lawful upon compliance
with the following conditions as certified by the Board of Supervisors:
A.
The development plan shall show a physical relationship
between the area to be conveyed, the remaining area covered by the
development plan and the common areas so that each area is dependent
upon the other and so that the areas to be conveyed lack the facilities
to conduct an independent commercial operation.
B.
Any transferee as aforesaid shall have a substantial
economic interest in the operation of the development as an integrated
unit.
C.
Documentary evidence shall be filed with the Township
which shall affirm to the satisfaction of the Township that:
(1)
The developer, its successors and assigns shall
remain responsible for the construction, control and maintenance of
the common areas.
(2)
Irrevocable cross easements in favor of and
duly binding on all title owners within the area of the development
plan, their successors and assigns, as respects the use, control and
maintenance of the common areas, are in effect.
(3)
The area to be conveyed shall be conveyed subject
to the requirements of the development plan, the obligations and responsibilities
as to the common areas and the requirements of the cross easements
so that each transferee of title as aforesaid shall be bound by the
same.
(4)
The developer, its successors and assigns shall
have the authority to enforce the conditions attached to the development
plan as well as the sole authority to seek amendments thereto.
Adequate off-street parking and loading space is permitted in accordance with Article XXVII of this chapter.
