[Added 7-22-1999 by Ord. No. 215]
[1]
Editor's Note: This article (originally Part 29 of Ch. 27 of the 1995 Code) was renumbered 12-3-2007 by Ord. No. 276 as Part 21.
The purposes of this article are to provide for the orderly and well-planned establishment of commercial facilities needed to meet the day-to-day convenience shopping and personal service needs of the neighborhoods of the Township and to assure that the types and amount of commercial development in the Township are compatible with the needs and demands of its population. The regulations of this article are designed to provide attractive, well-designed commercial facilities which will enhance the visual image at the "gateways" to the Township to minimize conflicts between commercial facilities and adjacent residential properties and to encourage the consolidation of driveways, parking areas and service roads to control traffic and mitigate congestion by setting flexible standards for commercial and office development at the interchange of State Route 422, Ridge Pike, Evergreen and Rupert Roads, as more specifically depicted on the zoning map attached hereto, incorporated herein and marked as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township office.
The following uses are permitted by right in the Gateway Interchange District:
A. 
Retail establishment for sale of dry goods, variety merchandise, clothing, food, beverages, flowers and plants, drugs, furnishings or household supplies, building materials and similar uses.
B. 
Business, financial or professional office, studio for dance, art, music or photography.
C. 
Indoor theater, bowling alley.
D. 
Automobile sales and service agency, used car lot, vehicle storage, vehicle rental agency and repair shop in conjunction with an automobile sales agency.
[Amended 4-21-2022 by Ord. No. 357]
E. 
Restaurant, tea room or cafe serving food or beverage.
F. 
Drive-in or fast-food restaurant. Drive-through areas shall comply with the following requirements:
(1) 
A minimum of six automobile waiting spaces is required.
(2) 
A minimum of three waiting spaces shall be provided in addition to Subsection F(1) above if a separate area for ordering food is included.
(3) 
These spaces shall not interfere with parking spaces or internal circulation on the site.
(4) 
Access regulations are as specified in the Subdivision and Land Development Ordinance (Chapter 215).
G. 
Office uses as permitted in the LI Limited Industry District.
H. 
Hotel or motel.
I. 
Barbershops, hairdressers and other similar shops for personal services.
J. 
Newspaper, publishing and job printing.
K. 
Drive-through facility associated with any permitted use [subject to the requirements in § 250-142G(1) through (4) of this chapter].
L. 
Day care, nursery, and preschool.
[Added 4-21-2022 by Ord. No. 357[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection L as Subsection O.
M. 
Pet services, including pet day care, grooming, veterinary and boarding.
[Added 4-21-2022 by Ord. No. 357]
N. 
Any use permitted in § 250-142 of this chapter in the IN Interchange District, excluding § 250-142N, Off-premises advertising signs.
[Added 4-21-2022 by Ord. No. 357]
O. 
Accessory uses as defined in § 250-21 of this chapter.
The following uses shall be permitted as a conditional use in the Gateway Interchange District:
A. 
Any use of the same general character as the above permitted uses.
B. 
Gasoline filling stations in conjunction with convenience retail stores or fast-food establishments, in compliance with the following requirements:
(1) 
Minimum setback of fuel pumps from the front yard setback line shall be 25 feet.
(2) 
Fuel pumps shall not interfere with parking spaces or internal circulation and shall be located 30 feet from any parking area.
(3) 
Access regulations shall meet the requirements in § 215-17, Alleys, driveways and parking areas, of the Subdivision and Land Development Ordinance (Chapter 215).
(4) 
Canopies shall be designed and constructed to meet the following standards:
(a) 
Canopies shall conform to the required setback for the principal structures.
(b) 
Canopies shall have a maximum height of 16 feet, measured to the underside.
(c) 
Canopies shall have a maximum area of 1,650 square feet for every two multi-product or other fueling dispensers; each gasoline or fueling island may accommodate up to five multi-product or other fueling stations. The total canopy area shall not exceed 3,300 square feet.
(d) 
Lighting for canopies shall be permitted on the underside only.
(e) 
Any signs associated with a canopy shall be regulated by Article XXVI of this chapter and by § 250-158 below.
(f) 
Canopies shall be designed to be architecturally compatible with the principal structure with regard to color and building materials.
(g) 
Each fuel pump location may be considered 1/2 of one parking space, to be included in the total number of parking spaces required in § 250-203.
(5) 
A traffic impact statement shall be submitted with each proposal for a gasoline filling station as per § 250-33D of this chapter.
C. 
Uses accessory to a conditional use.
A. 
Area, width and yard requirements.
(1) 
Lot area. The minimum lot size shall be one acre.
(2) 
Width. A lot width of not less than 175 feet, measured at the street line, shall be provided.
(3) 
Building coverage. Not more than 30% of any lot may be occupied by buildings.
[Amended 4-21-2022 by Ord. No. 357]
(4) 
Impervious coverage. Not more than 75% of any lot may be occupied by buildings, roads, parking lots or any other impervious surface.
(5) 
Yards. The following yard requirements shall apply in the G-IN Gateway Interchange District:
(a) 
Front yard. One yard not less than 20 feet in depth, measured from the ultimate right-of-way.
(b) 
Side yard. Two yards, 20 feet each.
(c) 
Rear yard. One yard not less than 25 feet in depth.
(d) 
For any lot abutting a residential district, a building setback of at least 100 feet is required, except that the setback may be reduced to no less than 50 feet, provided one additional tree is added for every 100 linear feet of property line to be buffered.
(e) 
For any lot abutting a residential use in a nonresidential district, a building setback of at least 25 feet is required, except that, at the discretion of the Township, the buffer may be reduced to 20 feet, provided that an additional one tree for every 25 feet of property line to be buffered is provided.
(f) 
Trees shall conform to the requirements in § 215-54, Buffers and screens, of the Subdivision and Land Development Ordinance (Chapter 215).
B. 
Height regulations. The maximum height of any building erected or used in this district shall be 45 feet, except that any building may be increased to a maximum of 55 feet, provided that for every foot of height increase in excess of 45 feet there shall be added to each yard requirement two corresponding feet of width or depth. For the purpose of calculating building height, architectural articulations or embellishments shall not be included.
[Amended 4-21-2022 by Ord. No. 357]
C. 
Building density and size.
[Added 12-3-2007 by Ord. No. 274]
(1) 
There shall be a maximum building density of 30,000 square feet per developable acre, with no individual building footprint in excess of 150,000 square feet.
[Amended 4-21-2022 by Ord. No. 357]
(2) 
Multi-tenant retail shopping centers up to 150,000 square feet are permitted, with no individual use being greater than 80,000 square feet in size
(3) 
A multi-tenant retail shopping center up to 300,000 square feet, with individual uses up to 150,000 square feet, is only permitted if it is part of a municipally-prepared and adopted specific plan that has also been reviewed and approved by a majority vote of the Pottstown Regional Planning Committee.
A. 
Parking and circulation.
(1) 
Except as otherwise provided herein, the requirements contained in Article XXVII, Off-Street Parking and Loading, of this chapter shall apply to all parking areas constructed pursuant to this chapter.
(2) 
The owners of two or more adjacent lots and/or the owners of multiple businesses on one lot may elect to share common parking facilities according to the following requirements:
(a) 
An application to do so shall be filed jointly by all affected lot owners with the Zoning Officer, accompanied by a plan showing the location of all proposed parking, parking reserve areas, and accessways as well as all buildings which shall use the common parking area.
(b) 
For multiple business developments on one lot, adequate parking and loading spaces shall be provided in accordance with and as an integral part of an approved plan, except that required spaces for individual establishments need not be provided separately but may be made a component part of such space jointly serving two or more establishments, provided that the number of parking spaces shall not be less than five spaces per 1,000 square feet of gross floor area.
(c) 
For businesses on two or more adjacent lots, the aggregate number of parking spaces required for all uses which will share the common parking area may be reduced up to a maximum of 25% if the applicants can demonstrate to the Zoning Officer's satisfaction that a greater efficiency is effected by joint use of parking areas. Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces normally required shall be fully designed, and the area which is proposed to be eliminated shall be known as "parking reserve area." Such area shall be developed as designed if and when the Zoning Officer determines the need. All reserve areas not utilized for parking shall be landscaped according to an approved plan.
(d) 
For the purposes of determining the number and location of accessways, the entire area devoted to common parking shall be considered as one parking lot.
(e) 
An application to permit shared common parking shall be contingent upon each lot owner obtaining necessary access easements and rights-of-way.
(3) 
Accessways leading onto a public street shall be no less than 200 feet apart (on center); there shall be a maximum of two accessways leading onto any public street; driveway design shall conform with § 215-17B, Driveways, of the Subdivision and Land Development Ordinance (Chapter 215).
(4) 
The Township may require access easements to be provided for its parking aisles and driveways, guaranteeing access to all abutting lots zoned for commercial uses. Parking areas on abutting lots may be required to be directly connected by a driveway.[1]
[1]
Editor's Note: Original § 2905.2, Signs, which immediately followed this subsection, was repealed 11-15-2007 by Ord. No. 275.
(5) 
Parking for wholesale, warehouse or manufacturing and industrial uses in the G-IN District shall be required as follows: one space for every 750 square feet of floor area used for office and/or customer service, plus one space for every 5,000 square feet of floor area used for wholesale, warehouse or manufacturing and industrial uses not devoted to office and/or customer service.
[Added 4-21-2022 by Ord. No. 357]
B. 
Landscaping in G-IN Gateway Interchange District.
(1) 
All new development developed subsequent to the enactment of this chapter shall provide a permanent landscaped planting area designed for screening from view any uses which are adjoining and contiguous to the development as specified in § 215-54, Buffers and screens, of the Subdivision and Land Development Ordinance (Chapter 215).
(2) 
Along the frontage of every lot, except for areas devoted to accessways, landscaping shall be provided as described in §§ 215-49 to 215-58, Landscape Regulations, of the Subdivision and Land Development Ordinance (Chapter 215). The landscaped areas shall extend toward the interior of the lot for a minimum distance of 10 feet from the ultimate right-of-way line. Additionally, landscaping between the ultimate right-of-way and the curbline or edge of the roadway shoulder shall be encouraged, recognizing that such landscaping may have to be removed in the future for roadway improvements; landscaping in this area would therefore be encouraged to represent a low financial investment and/or be capable of relocation. In all instances, landscaping shall be so installed that clear sight triangles are provided.
(3) 
Parking area landscaping shall meet the requirements in § 215-51, Parking lot landscaping, of the Subdivision and Land Development Ordinance (Chapter 215).
(a) 
For parking areas of more than 20 cars, a minimum of 10% of the parking area shall be devoted to interior parking lot landscaping, exclusive of any other landscaping or buffering requirement.
(b) 
Parking lots for more than 40 cars shall be divided into sections by curbed planting strips at intervals of not more than four rows of parking stalls.
(c) 
All planting islands shall be underlain by soil, not base course material and protected by curbing, wheelstops or bollards. Each planting island shall contain one shade tree plus shrubs and/or ground cover to cover the entire area; ground cover shall not consist of live grass.
C. 
Building design.
(1) 
Architectural elevation drawings shall be submitted with each development plan for review by the Planning Commission; elevation plans shall illustrate the following design criteria.
(a) 
Building facades facing streets, on-site parking, or outside display areas shall be varied by any of the following methods:
[Amended 4-21-2022 by Ord. No. 357]
[1] 
The wall of a building that is parallel to or most nearly parallel to the street on which the development fronts and which is greater than 100 feet in length shall have some type of articulation or embellishment through the use of recesses or projections for every 100 feet; however, articulation does not have to occur at exactly one-hundred-foot intervals.
[2] 
The color and/or building material of individual facades may be varied. The use of traditional building materials such as local stone, brick and wood is encouraged.
(b) 
A combination of methods in Subsection C(1)(a) above may be used or an alternative facade that creates a human scale and extensive building variation may be used with the approval of the Board of Commissioners on the recommendation of the Planning Commission.
D. 
Financial subdivisions.
(1) 
A financial subdivision for the purpose of granting separate and distinct mortgages on each parcel formed by a subdivision shall be lawful.
(2) 
General regulations.
(a) 
Documentary evidence shall be filed with the Township stating that the tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and in which it shall be agreed that the tract will be developed under single direction in accordance with an approved plan as otherwise required by the Lower Pottsgrove Township Subdivision and Land Development requirements.
(b) 
Documentary evidence shall be filed with the Township containing irrevocable cross-easements in favor of all parcels within the area of the plan as respects the use, control and maintenance of the facilities and areas to be used in common so that each of the subdivided lots becomes an integral part of the entire parcel.
(c) 
The dimensional requirements of this district shall apply on a development-wide basis when an overall plan is submitted; separate parcels within the development tract shall be exempted from compliance with dimensional requirements on an individual basis.
(d) 
Vehicular access to satellite uses shall be from interior driveways only, with no independent driveway access to exterior streets.
(e) 
Parking capacity for satellite uses shall be included in the total capacity required in Article XXVII of this chapter; however, sufficient parking shall be located convenient to the satellite use.
(f) 
All pad sites shall be considered part of the integrated development or shopping center, regardless of financial subdivisions; therefore, no separate individual freestanding signs shall be permitted.
(g) 
Development shall consist of a harmonious grouping of buildings, service and parking area, circulation and open spaces planned and designed as an integrated unit.
E. 
Condominium or other similar associations. Except as provided in § 250-158D, a plot or unit not meeting the dimensional requirements of this article, when located within a tract being developed pursuant to the provisions of this article, shall only be permitted and may only be conveyed under the following conditions:
(1) 
Any transferee shall have an economic interest in the operation of the entire development as an integrated unit in accordance with the approved plan.
(2) 
Documentary evidence shall be filed with the Township which shall affirm to the satisfaction of the Township that the developer, its successors and assigns or any duly created condominium association or similar legal entity shall remain responsible for the construction, control and maintenance of all common areas.
(3) 
The remaining provisions of this article shall be applied to the development in total, as an integrated unit, and not applied separately to each individual plot or unit conveyed pursuant to this article.