[Added 7-16-2007 by Ord. No. 2007-27]
The adoption of a new Article XIIA creating provisions for the Wayne Business Overlay District within Chapter 280, Zoning, of the Township Code is enabled through provisions of the Pennsylvania Municipalities Code, PL 805, No. 247, as reenacted and amended.
Editor's Note: See 53 P.S. 10101 et seq., the Municipalities Planning Code.
Article XIIA of the Zoning Code is hereby enacted to provide and promote opportunities for development and redevelopment within the Wayne Business Overlay District (hereinafter WBOD) as set forth in the Wayne Master Plan adopted by the Board of Commissioners on September 11, 2006, as set forth in Exhibit A. These regulations are intended to provide opportunities, with the goal of maintaining and/or improving the character of Wayne, for an appropriate mix of residential and nonresidential uses within the WBOD, establish regulations for special use areas within the boundaries of the WBOD, promote the use of mass transportation, and provide for enhanced vibrancy through building, site, and streetscape design.
Editor's Note: Said Plan is on file in the Township's offices.
The WBOD shall be all properties within the boundaries designated in the Master Plan.
The definitions and regulations set forth in this article shall apply to the WBOD. Wherever there is a conflict or inconsistency between the WBOD regulations and other definitions and regulations of the Zoning Code, those regulations set forth in this article shall govern development and redevelopment within the WBOD.
As used in this article the following terms shall have the meanings indicated:
- ACCESSORY USE
- A use of a building, structure or land that is not a principal permitted use but which is entirely incidental and subordinate to the principal permitted use on the same lot.
- ARCHITECTURAL OFFSETS
- Portions of a building wall along a street wall which are offset so as to create articulation of the building wall. These offsets shall be 90° perpendicular to the building and shall be a minimum of 12 inches in depth. Any variation shall be subject to approval by the Design Review Board.
- Aesthetic or other characteristics of a development that increase its desirability to a community. Amenities include, but are not limited to, landscape materials, sidewalks, benches, and light fixtures.
- The Board of Commissioners of the Township of Radnor, Delaware County, Pennsylvania.
- BUILD-TO LINE
- The line at which the front wall of a building shall be located and is parallel to the street right-of-way (see Figure 1 and Table 1). Alleys shall be excluded from this definition.
- Any structure permanently located on land having enclosing walls and a roof. This shall include a parking structure.
- BUILDING HEIGHT
- The vertical distance between the mean level at existing grade in front of a building or structure along a street right-of-way measured to the top edge of a flat roof, the top of a roof parapet, or to the mean level of a sloped roof. Chimneys and uninhabited spires shall not be included when measuring height; however, elevator penthouses and stair towers are included. Roof-mounted HVAC equipment shall be placed in the center interior area of the roof, and shall be screened from visibility from the public cartway (see Figures 2 and 3).
- BUILDING WIDTH
- The linear distance in feet between the outside exterior walls of a building measured from side-to-side (see Figure 4).
- The tearing down or razing of 100% of a structure's external walls down to the foundation. This shall not include structurally integral party walls, in which case a structure adjoining another structure shall constitute a demolition when the front and rear walls are removed down to the foundation.
- The Community Development Department of Radnor Township.
- DESIGN REVIEW BOARD
- The Design Review Board of Radnor Township.
- An establishment whose business includes serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the structure.
- An establishment that dispenses products or services to patrons who remain in vehicles.
- FOOTPRINT (BUILDING)
- The outline of the total area of a building perimeter at ground level.
- HEALTH OFFICER
- The Health Officer of Radnor Township.
- LOT LINE (PROPERTY LINE)
- A line dividing one lot from another.
- MASTER PLAN
- The Wayne Business District Master Plan as adopted by the Board of Commissioners on September 11, 2006.
- MIXED-USE BUILDING
- A building that permits residential and nonresidential uses.
- A room or group of rooms used for conducting affairs of a business, profession, or service industry.
- ON-STREET PARKING
- The space for the parking of an automobile located on the street in front of a building.
- A low wall on the edge of a roof. Parapets shall be no higher than 48 inches.
- The exterior surface on the top of a building.
- ROOFTOP DINING
- The use of a rooftop area by a licensed food establishment
(restaurant) for the consumption of food or beverages.[Added 10-21-2019 by Ord. No. 2019-11]
- SETBACK (FRONT, SIDE, REAR)
- The minimum distance measured from the street center line to the build-to line or from any other property line.
- SHARED PARKING
- A public or private parking area used jointly by two or more owners or uses regardless of whether they are on separate properties (see Figure 5).
- SIGN, PROJECTING
- Any sign which is attached to a building or other structure and extends beyond the line of said building or structure and is perpendicular to the face of the building.
- SPECIAL USE AREA
- Those areas identified in the Master Plan that are intended to be redeveloped primarily through private sector action and public sector collaboration, providing a mix of land uses facilitated through carefully considered development incentives.
- That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. A basement shall be considered as a story above grade plane where the exterior wall surface of the basement is more than six feet above grade plane.
- STREET, CENTER LINE OF
- The center line of a street cartway that has been fully dedicated to the required width for the passage of motorized vehicles. Alleys not officially named by the Township shall be excluded from this definition.
- That which is built or constructed.
- The Township of Radnor, Delaware County, Pennsylvania.
- TOWNSHIP CODE
- The Code of the Township of Radnor, Delaware County, Pennsylvania.
- WAYNE BUSINESS OVERLAY DISTRICT (WBOD)
- The area defined as such in the Master Plan.
Editor's Note: Both Figure 1 and Table 1 are included at the end of this chapter.
Editor's Note: Figures 2 and 3 are included at the end of this chapter.
Editor's Note: Figure 4 is included at the end of this chapter.
Editor’s Note: The former definition of "outdoor dining," which immediately followed this definition, was repealed 4-8-2013 by Ord. No. 2012-09.
Editor's Note: Figure 5 is included at the and of this chapter.
The following regulations shall govern the use of property within the boundaries of the WBOD, not including special use areas, and shall permit a building or unified group of buildings to be erected or used, and a lot to be occupied, for any of the following purposes:
Retail uses shall be limited to the following:
Department store, variety store, clothing shop, bakery, ice cream shop, specialty shop, or similar use providing sales and services to customers.
Personal service shop, including a barbershop, beautician, shoe or watch repair, clothes cleaning and pressing pickup agency, pickup and dropoff dry-cleaning, but not including a laundry establishment.
Restaurant or catering establishment, including outdoor dining.
Bank or similar financial institution.
Indoor amusement arcade when accessory to a permitted retail use.
Dwelling units, office or studio when located above a first floor retail use and in compliance with § 280-53.10, Building use, of this article.
Church or similar place of worship, including not more than one dwelling unit.
Public school or municipal facility.
Motor vehicle parking lot or structure.
Accessory uses on the same lot incidental to the foregoing permitted uses, to include the following:
Rooftop dining when accessory to a restaurant use with indoor seating, subject to the provisions of § 280-53.16
[Added 10-21-2019 by Ord. No. 2019-11]
Front yard setback. Buildings and structures shall be located at the build-to line, as set forth in Table 1 of this article. When the principal building on the property is demolished, and it is not currently located on the build-to line indicated in Table 1, it shall either be relocated or rebuilt to the build-to-line. All new or relocated buildings shall have at least 75% of their front building length meeting the build-to line.
Editor's Note: Table 1 is included at the end of this chapter.
Side yard. No side yard setback shall be required except where a lot abuts any residentially zoned district, in which case a buffer planting strip of at least 10 feet shall be provided and maintained as defined in § 280-4.
Rear yard. No rear yard setback shall be required except where a lot abuts any residence, in which case a buffer planting strip of at least 10 feet shall be provided and maintained as defined in § 280-4.
Impervious coverage. No maximum impervious coverage shall be required, provided that the applicant shall comply with the applicable requirements of this article and Chapter 255.
Building height. Except as otherwise stated in this Subsection E, no building shall exceed a height of 42 feet and three stories, nor shall it be less than 24 feet in height and two stories; provided, however, that where any lot/parcel has frontage on a street 20 feet or less in width, it may have up to four stories, so long as it does not exceed a height of 42 feet.
A drive-through for prescription medicine only shall be permitted within the WBOD when authorized as a special exception by the Zoning Hearing Board, provided that the Board determines that the standards and criteria prescribed in § 280-53.9F are met. No other type of drive-through or drive-in shall be permitted within the WBOD. Existing drive-throughs and drive-ins shall be allowed to remain until redeveloped or the building use changes, but shall not be permitted to expand. Once redeveloped or the use changes, the drive-through lane(s) shall cease to exist.
[Amended 5-10-2010 by Ord. No. 2010-15]
Except for outdoor dining as permitted by § 280-115.3 and rooftop dining as permitted by § 280-53.16, no permanent storage of merchandise, articles or equipment shall be permitted outside a building. No goods, articles or equipment shall be stored, displayed or offered for sale beyond the build-to line of a building. No vending machines, kiosks, newspaper stands, self-service station or similar use shall be allowed outside of any building.
[Amended 4-8-2013 by Ord. No. 2012-09; 10-21-2019 by Ord. No. 2019-11]
Every use, other than a motor vehicle parking lot and outdoor dining, shall be completely enclosed within a building.
A buffer strip shall be installed and maintained in the rear and side yard as required by § 280-53.8 of this article along any property line which directly abuts a residential zoning district.
All applications for development and redevelopment shall be subject to review by the Design Review Board in accordance with architectural standards set forth in Article XI of the Township Code.
In any instance where the Zoning Hearing Board is required to consider a request for a special exception for a drive-though for prescription medicine pursuant to § 280-53.9A, the Zoning Hearing Board must determine that the following standards and criteria are met before granting the request:
[Added 5-10-2010 by Ord. No. 2010-15]
The property on which the prescription medicine drive-through is to be located shall be a corner property with frontage on at least one street in addition to its frontage on Lancaster Avenue.
The proposed drive-through shall be located on the rear or a side of the building which does not face Lancaster Avenue and shall generally be located so as to minimize its visibility from Lancaster Avenue. Adequate buffering of the drive-through shall be installed to further minimize visibility.
There shall be a maximum of one drive-through lane for dropping off and/or picking up prescription medicine, however, there may be a bypass lane in addition to the drive-through lane.
The drive-through window shall be located on the driver's side of motor vehicles proceeding through the drive-through.
The egress from the drive-through shall be to a street other than Lancaster Avenue, unless there is no other alternative due to physical limitations.
There shall be room for a minimum of three (3) motor vehicles in the drive-through lane.
The drive-through lane shall be located so as to minimize pedestrian/vehicular conflicts at the property.
Signs shall be installed at the entrance to the drive-through lane and at the drive-through window identifying the use of the lane for the dropping off and/or picking up of prescription medicine only. No other products may be sold through the drive-through lane.
New or redeveloped buildings shall be vertically mixed in use, with ground floor limited to retail only, and with retail, office or residential above the ground floor in the following combinations (see Figure 7):
For two-story buildings: retail use on the ground floor and retail, office or residential use on the second floor.
For three-story buildings: retail use on the ground floor and residential use on the second or third floors, or office use on the second and third floors, or retail use on the second and third floors, or a three-way combination of retail on the ground floor, office, and residential. There shall not be any mix of uses on the same floor. In the event a common area is used for both residential and nonresidential purposes, for both two- and three-story buildings, e.g., elevator lobbies, stairwells, utility areas, etc., such area shall be permitted and not considered a use as long it is an unoccupiable space.
Editor's Note: Figure 7 is included at the end of this chapter.
Notwithstanding the foregoing, any new or redeveloped building having frontage on a road with a cartway of 20 feet or less in width shall be permitted to have retail, office or residential uses on the ground floor, with retail, office or residential permitted on any floor above the first floor.
Rear elevations of buildings that are exposed to parking lots and street or alley corners shall be architecturally similar to the primary elevation and all sides of the building shall exhibit design continuity.
On-street parking. Where on-street metered parking currently exists, parking shall remain on-street to the maximum extent possible.
Off-street parking. Where off-street parking is provided, parking spaces shall be located in the rear, side, or underneath of the building, and comply with the following requirements:
Dwelling unit: one space per dwelling unit less than 800 square feet; two spaces per dwelling unit 800 square feet or greater.
Office/studio use: one space for each 250 square feet of floor area.
Retail use: one space for each 300 square feet of floor area.
Church: one space for 150 square feet of floor area.
Restaurant: one space per three seating accommodations, plus one space per two employees on the shift of greatest employment.
Existing curb cuts may be modified, or shared with adjacent property owners, provided there is no increase in the number of existing curb cuts.
Wherever possible, ingress and egress between various properties shall be shared in an attempt to minimize curb cuts. The Township encourages adjacent landowners to enter into agreements providing access easements to accomplish this goal.
Mechanical/electrical equipment mounted on the ground and areas for trash disposal shall be located in the rear of buildings and screened from view with materials that are integral to the architecture of the building. Trash collection areas shall be enclosed by masonry construction on all three sides, with gates to remove containers. Dumpster enclosures shall match the building material of the associated structure. Chain link fencing shall not be used as a dumpster screen. Where dumpsters are enclosed, the screening shall be at least two feet taller than the dumpster but shall not exceed six feet in height. Where topography may expose interiors of trash collection areas to view, screening shall be correspondingly taller. Trash collection areas shall have a concrete apron.
Editor's Note: See Figures 8 through 10 included at the end of this chapter.
In addition to the sign requirements of Article XXI of Chapter 280, projecting signs attached at an angle to the facade shall be permitted, subject to the following requirements (see Figure 12):
Signs may have a backing or be constructed of shapes or single letter forms or a combination thereof.
No projecting sign shall be lower than nine feet above grade or higher than 12 feet above grade.
No part of a projecting sign shall extend into vehicular traffic areas, and any part extending over pedestrian areas shall have a minimum clearance of nine feet.
No projecting sign may be larger than four square feet. Only the width and length of one side of the sign shall be used in determining square footage.
Signs shall not be wider than 30 inches and shall not be less 12 inches wide.
Only one projecting sign per building face (wall) of a business property shall be permitted.
Projecting signs shall be pinned away from the building wall at least two inches and no more than six inches.
No projecting sign may be closer than 12 feet to any other projecting sign.
Signs shall be fixed by hardware that is mounted to the building. Mounting brackets shall be made of nonrusting metal. No wires or cables shall be used to support the projected sign.
Signs shall not be permitted to swing.
Signs shall not be illuminated.
Editor's Note: Figure 12 is included at the end of this chapter.
[Added 10-21-2019 by Ord. No. 2019-11]
Rooftop dining shall be permitted as an accessory use in the WBOD Zoning District when located on the same premises as a licensed food establishment (restaurant) that has indoor seating, subject to the following regulations:
The rooftop dining area must be operated by the operator of the restaurant which serves as the principal use in the building.
Rooftop dining areas shall comply with all applicable federal, state, county, and Township laws, ordinances, and regulations, including, but not limited to, those governing health, safety, building accessibility, fire, and plumbing.
Umbrellas shall not be permitted on the roof. Canopies or awnings may be used to protect people and personal property from the elements.
No more than 25% of the seats in the rooftop dining area may be bar or lounge seats.
Rooftop dining shall not be permitted in any building which contains a residential use.
Rooftop dining shall be permitted only between March 1 and November 30. Hours of operation shall be from 8:00 a.m. to midnight. Seating of patrons shall end with sufficient time to provide service and close the rooftop dining area by midnight.
No rooftop dining area shall be established within 100 feet of the property line of a single-family or two-family detached or semidetached dwelling unit located completely or partially within a residential zoning district. For purposes of this section (§ 280-53.16), "residential zoning district" shall mean the AC, R-1, R-1A, R-2, R-3, R-4, R-5, R-6 and PA Zoning Districts.
No rooftop dining area shall be established within 100 feet of the property line of an unimproved lot located completely or partially within a residential zoning district.
The rooftop dining area shall not extend beyond the width and depth of the building upon which the principal restaurant is located.
In order to limit visibility from the street, elevators and rest rooms shall be located to the rear of the rooftop. In the case of a building located on a corner lot, the rear of the rooftop shall be that area located farthest from the adjacent street with the highest street classification. (See § 255-27B of the Subdivision and Land Development Ordinance). In the event both adjacent streets have the same street classification, the rear of the rooftop shall be that area farthest from the adjacent street with highest average daily traffic.
The number of rooftop dining seats shall not exceed that allowed by applicable state and local health, accessibility, fire, and building codes, nor shall the number of rooftop seats exceed the number of seats in the principal restaurant use.
The rooftop area must be surrounded by railing or walls no less than 42 inches in height. The bar shall be located toward the center of the roof.
Handicap access to the rooftop shall be from the interior space of the business within the principal building.
All lighting of the rooftop area shall comply with the lighting requirements in the Township Code of Ordinances. All lights associated with the rooftop must be turned off when the rooftop area is not in use.
Food preparation on the rooftop shall not include an open flame.
Outdoor heaters shall meet the following requirements:
The use of outdoor heaters shall be in compliance with the International Fire Code, as amended.
Heaters shall not be located closer than 10 feet from a means of ingress or egress onto to the roof.
Where possible, heaters shall be securely fastened to a wall or the floor of the rooftop dining area to prevent the heater from tipping over.
No propane fired heaters shall be used on the roof.
No signs advertising rooftop dining shall be permitted, unless in compliance with and permitted by Article XXI of this chapter.
All merchandise, goods, articles, furniture, or equipment shall be adequately secured to ensure safety to persons and property during times of inclement or hazardous weather conditions.
Parking. One parking space shall be provided per three seats in the rooftop dining area. This parking requirement may be met in whole, or in part, by free valet parking service to its customers during the hours the rooftop dining is in use. The applicant shall demonstrate, by means of an easement or long-term contract, that the parking spaces to be utilized by the rooftop dining establishment will be available for exclusive use of the rooftop dining facility.
Storage of materials. At the conclusion of any rooftop dining season, all portable equipment shall be stored within the facility in a location that does not interfere with the operation of the food establishment or shall be stored off site.
Rooftop dining permit. To assure compliance with safety and food code standards of the Township, the following regulations shall govern the issuance of all rooftop dining permits or proposed changes to rooftop dining permits:
Applications shall be filed on forms provided by the Township along with the required fees (as set forth in Chapter 162 of the Code or by separate resolution of the Board of Commissioners) and any information necessary to determine compliance with this section.
Applications shall be submitted to the Community Development Department for review to determine compliance with this chapter, safety standards, the food code requirements set forth in Chapter 170 of the Township Code, and other applicable municipal regulations.
The applicant shall seek and comply with safety recommendations from the police department and the Fire Marshal.
Noise. Rooftop dining shall be subject to the noise regulations of Chapter 200. No live music shall be permitted. All amplifiers and speakers shall be equipped with audio decibel limiters set to insure that sound generated at the rooftop dining facility does not violate the regulations of the Township ordinances and any other regulatory agencies having jurisdiction.
Upon final approval of an application, a permit shall be issued. Fees shall be paid upon the filing of an application and shall be renewed on an annual basis.
All locations shall be subject to periodic inspections for compliance with the standards of this section. Each zoning or code violation shall be a separate offense; each day a violation continues shall be the subject of a separate fine.
Intent and purpose.
Each of these areas has been selected for special use because they are located close to public transit, dining, and retail opportunities, offering the potential for unique urban residential and nonresidential projects to meet the growing and future demand for different uses within the WBOD. Planning techniques that allow for an increase in building height and density, reduced setbacks, creative parking arrangements, and other special considerations shall be considered by the Township as necessary inducements to assure that permitted uses in these special areas maintain high standards of architectural design that are consistent with the desired vision for Wayne.
Process. Special use areas shall be approved by the Board as a conditional use permit consistent with the requirements of Chapter 280, Article XXIII of the Code. It is not intended that every special use area is adaptable for all uses permitted in this section. Therefore, the Board reserves the right to deny any application, or any part thereof, when in its judgment alternative uses represent sound planning practices that are in the best interest of the Township. When considering applications, the Board shall apply, but not be limited to, the following factors:
Suitability of the site.
Location of the proposed site relative to surrounding buildings and structures.
Arrangement of buildings and structures.
Building mass, height and scale.
Density and mix of the proposed use.
Open areas/common areas for the public and landscape improvements to accompany any project.
Impact on Township and school services.
Fiscal analysis of the proposed development.
Infrastructure analysis and proposed improvements.
Impact on traffic and proposed roadway improvements.
Stormwater management improvements.
Impact on adjoining residential neighborhood character.
Use regulations. The following uses shall be permitted within special use areas of the WBOD:
Multiple-family dwelling units.
Retail stores and personal service shops, designed to serve dwelling units of the development and the surrounding areas.
Offices when located above the first floor.
Facilities serving the general public, including a library, art gallery or museum, post office, senior center, fire company, municipal building, parking structures and surface parking areas, and other civic or community uses.
Height, setbacks, coverage, parking regulations.
Front yard setback. There shall be a minimum front yard setback of 25 feet measured from the center line of the street. This requirement may be reduced or waived by the Board when it is demonstrated that the proposed buildings or structures are integrated into an overall design for streetscape improvements and other public amenities.
Side and rear yard setbacks. Side yard and rear yard setbacks shall be 15 feet.
Maximum impervious coverage shall be 90%.
Height. The height of any building or structure shall not exceed 55 feet or be less than 30 feet. In determining the appropriate height for any building or structure, the Board shall consider plans, testimony, and applicable criteria set forth in § 280-53.15B of this article. The Board may require the height be changed where it is demonstrated by the applicant that the increase is appropriate for the area and will not adversely affect adjoining properties.
Parking, off-street parking, loading requirements.
Parking requirements shall be the same as in § 280-53.12 of this article. A Post Office shall provide two spaces for three employees on the maximum shift, plus a minimum of 10 visitor spaces. A library, museum, or art gallery shall provide two spaces for every 1,000 square feet.
Special regulations. In addition to the special regulations set forth in § 280-53.9 of this article, the following guidelines shall be apply:
Buildings that exceed 30 feet in height shall have a ten-foot horizontal architectural offset from the front of the property before continuing vertically. Vertical offsets shall be the same as in § 280-53.8 of this article (see Figure 11).
Editor's Note: Figure 11 is included at the end of this chapter.
Buildings that include a level of parking within a structure that is at street level or higher shall incorporate a facade that screens any parking at or above street level. If the parking structure exceeds more than one story, it shall be architecturally compatible with traditional buildings in the surrounding area. Parking below street level will not count toward the number of stories allowed.
Buildings shall be designed to enhance the pedestrian environment with improvements or expansions to sidewalks and crosswalks and the inclusion of outdoor seating areas, benches or other pedestrian amenities.
Mechanical, electrical equipment and trash. Provisions for ground mechanical and electrical equipment and refuse shall be the same as those in § 280-53.14 of this article. Any roof-mounted equipment shall be hidden from the ground floor view within 150 feet of the structure.