A.
The MU Mixed Use-Commercial District is intended to
provide opportunities, under explicit conditions and standards, for
commercial, office, and other nonresidential development that is situated
to take advantage of the visibility and traffic flows along identified
segments of Route 322 within the Township. Such uses are intended
primarily, but not exclusively, to serve the needs of Township residents
and businesses. Anticipated uses include retail and service commercial,
but at a broader scale and of a less village-oriented character than
in the VC District; business, public, and other general offices; warehousing,
wholesale distribution, and similar light industrial-type operations;
and flex-space facilities. It is further intended to provide for a
mix of these uses on tracts large enough to incorporate essential
site design and access management features, and to avoid a proliferation
of individual uses and access points along the Route 322 corridor
within the Township. Similarly, the district does not permit the conversion
of existing residential properties on small lots for nonresidential
purposes.
[Amended 3-19-2003]
B.
In the MU Mixed Use-Commercial District, the following
regulations shall apply.
A.
Permitted uses. A building may be erected, altered,
or used, and a lot may be used or occupied, for one or more of the
following purposes, and no other:
(1)
Outdoor recreation facility.
(2)
Indoor theater, bowling lanes, or other place of indoor
recreation.
(3)
Business or professional office.
(4)
Retail sale of goods, general merchandise, clothing,
food, pharmaceuticals, personal care items, household supplies or
furnishings, and similar products or items, but specifically not including
convenience stores.
[Amended 3-6-2008 by Ord. No. 03-2008]
(6)
Personal service enterprises, such as barbershop,
beauty salon, shoe repair, tailor, dropoff/pickup facility associated
with off-site clothes cleaning or pressing operation, repair of television,
radio, and similar appliances and equipment, or similar establishment.
(7)
Restaurant, retail bakers, confectionery, or other
places preparing, selling, and/or serving food or beverages. A fast-food
restaurant (with or without drive-through service) shall be permitted
only when approved as a conditional use, in accordance with the terms
of this article.
(8)
Studio for performing or visual arts; gallery.
(9)
Bank or similar financial institution.
(10)
Funeral parlor or undertaker's establishment.
(11)
Newspaper printing, job printing.
(12)
Florist shop; greenhouse, when clearly accessory
to the retail use.
(13)
Museum, library, or other educational or cultural
use of a similar nature.
(14)
Medical clinic providing outpatient care; animal
hospital.
(15)
Warehousing; wholesale sales, distribution,
and storage.
(16)
Flex-space buildings.
(17)
Ministorage facility.
(18)
Research, engineering, or testing laboratory.
(19)
Dropoff/collection center for recyclable materials,
when operated by the Township, Chester County, or a nonprofit or citizens'
recycling organization.
(20)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(21)
On any lot existing as of March 19, 2003, that contained a gross lot area of less than 10 acres as of that date, the only uses permitted shall be a single-family residential dwelling and any uses customarily accessory thereto. The requirements in § 399-48 shall not apply to such lots.
[Added 3-19-2003]
B.
Conditional uses. Any of the following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and the standards and criteria contained in § 399-137 of this chapter:
(1)
Laundry, including self-service; clothes cleaning
or pressing establishment.
(2)
Fast-food restaurant, including drive-through service.
(4)
Automotive sales; the sale of used vehicles shall
be permitted only as a use accessory to the sale of new vehicles.
(5)
Farm machinery sales and service.
(6)
Motel or hotel.
(8)
Commercial use of water resources, as defined by this chapter and in accordance with the terms of § 399-49F of this article.
[Added 3-27-2002]
(9)
Continuing care development, skilled care or nursing care facility, or assisted care facility, in accordance with § 399-102.4, provided that no correctional or penal institution or asylum for the insane shall be permitted.
[Added 10-19-2005 by Ord. No. 4-2005]
(10)
Medical marijuana dispensary, in accordance with the terms of § 399-102.7 of this chapter.
[Added 8-1-2019 by Ord.
No. 06-2019]
(11)
School.
[Added 8-1-2019 by Ord.
No. 06-2019]
C.
Uses by
special exception.
[Added 10-19-2005 by Ord. No. 4-2005]
(1)
Any of the following uses shall be permitted when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and the standards and criteria contained in § 399-145 of this chapter:
(2)
Among its other considerations, the Zoning Hearing Board may, as it deems appropriate, require any applicant for a special exception to prepare and submit a traffic impact study. Such study shall comply, at minimum, with the requirements of § 350-37 of Chapter 350, Subdivision and Land Development; in addition, the applicant may be required to address specific measures to achieve satisfactory access management.
[Amended 3-19-2003]
Except as provided in Subsection K or further stipulated in § 399-49 below, which refers to conditional uses only, the following regulations shall apply to all uses in the MU District:
A.
Minimum tract size. A minimum gross tract area of
10 acres shall be required for any use or combination of uses permitted
in the MU District. A minimum of 10,000 square feet of net tract area
shall be required per individual use, but the tract shall remain as
one parcel and shall not be subject to further subdivision.
[Amended 6-15-1999; 11-15-2000]
B.
Minimum tract width. Any tract shall have a width
of not less than 300 feet at the street line.
C.
Minimum front yard. No building shall be situated
less than 85 feet from the front lot line.
D.
Minimum side yard. There shall be two side yards,
each of which shall have a width of not less than 50 feet.
[Amended 4-4-1994]
E.
Minimum rear yard. No building shall be situated less
than 75 feet from the rear lot line.
F.
Maximum impervious surface. Not more than 65% of the
net area of any tract may be covered by impervious surfaces.
[Amended 6-15-1999; 11-15-2000; 3-20-2002]
G.
Minimum vegetative cover. Not less than 30% of the
gross tract area shall be planted and maintained with existing and/or
installed vegetative material.
[Amended 6-15-1999]
H.
Maximum floor area ratio. Total floor area shall not
exceed 60% of the gross tract area.
[Amended 6-15-1999]
I.
Height regulations. The maximum height of buildings
and other structures erected or enlarged in the MU District shall
be three stories or 35 feet, whichever is less.
J.
Minimum parking area setback. No parking area shall
be situated closer than 50 feet from the boundary of any residential
property or any residential zoning district.
K.
Standards for residential use. For any lot used for a single-family detached dwelling, as permitted by § 399-45A(21), the area and bulk regulations of § 399-28 of this chapter shall apply.
[Added 3-19-2003]
[Amended 3-19-2003]
The following design standards of this chapter
shall be applicable to all uses within the MU District, except that
residential uses shall be required to comply only with Subsections
A, B, and H:
C.
Access and traffic control: as required by § 399-81. In addition, an access point may consist of a combined point of ingress and egress or separate points of ingress and egress, i.e., one of each.
E.
Screening and buffering: as required by § 399-79. The frontage buffer area shall provide landscaping at the street right-of-way line, extending a minimum of 10 feet into the front yard and extending along the entire frontage. Any unpaved area between the street right-of-way line and the edge of the cartway also shall be continuously maintained as a landscaped area. Landscaping materials shall be selected and designed so as not to obstruct vision along the street and shall be resistant to road salt and pollution associated with vehicular traffic. In addition, there shall be a landscaped buffer along all property lines which abut a residential use or residential zoning district boundary. Plantings within this buffer shall have a minimum depth of 15 feet and shall be in accordance with § 399-79 of this chapter.
J.
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
K.
Sewage facilities and water supply. The applicant's proposals for sewage facilities and for water supply (both quality and quantity) in relation to the proposed uses shall be in compliance with the requirements of §§ 350-47 and 350-48, respectively, of Chapter 350, Subdivision and Land Development. Any approval of an application for development within the MU District shall be contingent upon the requisite approvals and certifications from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
L.
Traffic impacts. The Board may require that a traffic
study be prepared and submitted as part of any application within
the MU District. The content of the study shall be such as to enable
the Board to assess the likely impacts of the proposed development
on the existing transportation network of the Township and surrounding
areas. The purpose of the study is to identify any traffic problems
likely to result from the proposed development in relation to ingress/egress,
road capacities, off-site traffic flow, public transportation, and
pedestrian and other nonvehicular circulation. The Township shall
review the methodology, assumptions, findings, and recommendations
of the study. The Board, upon recommendation from the Township Engineer
or its own traffic consultant, may impose upon the applicant additional
improvements deemed necessary to accommodate impacts of the proposed
development.
M.
Design compatibility. Compatibility of the proposed
development with its physical surroundings shall be demonstrated,
particularly with respect to architectural design and building materials.
The means of screening solid waste facilities, air-conditioning equipment,
and similar mechanical equipment shall be demonstrated. The Township
may, as it deems appropriate, request a signage plan showing proposed
location, construction, and message of each intended sign.
N.
Ownership. 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 shall be under unified
control. If ownership of the entire tract is held by more than one
person or entity, the application shall identify and be filed on behalf
of the said owners. Approval of the plan shall be conditioned upon
agreement by the applicant or applicants that the tract shall be developed
under single direction in accordance with the approved plan. If ownership
of the tract changes subsequent to approval of the plan, no site preparation
or construction by such new owner or owners shall be permitted unless
and until such owner or owners shall review the terms and obligations
of the approved plan and agree in writing to be bound thereby with
respect to development of the tract.
O.
Development plan. The application for conditional use approval shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall be consistent with the requirements of § 399-48 below.
P.
Covenants and restrictions. The language, terms, and
conditions of any proposed covenants or restrictions shall be subject
to review and recommendation by the Township Solicitor.
B.
Where the proposed use constitutes a subdivision or land development, as defined by Chapter 350, Subdivision and Land Development, the plan submission requirements of that chapter shall supersede the provisions of this section.
D.
Any plan also shall include a certification from the
Chief of the East Brandywine Fire Company as to the adequacy of access
for emergency vehicles and the sufficiency of available water for
fire-fighting purposes. Where the water source is off site, suitable
arrangements to assure access at all times shall be demonstrated by
the applicant.
E.
Upon submission of an application for development
within the MU District, all owners of property within 500 feet of
any portion of the tract on which such development is proposed shall
be notified of the application and of the process through which the
application will be reviewed and decided upon.
In its review of applications for approval as conditional uses under the terms of § 399-45B above, the Board of Supervisors shall consider the degree to which such applications are in compliance with the following standards and criteria, as each may be applicable to the particular use proposed:
A.
Except as provided in Subsection F below, the proposed use should not be of a type that requires an excessive amount of water to facilitate its operation, relative to available groundwater resources, the needs of surrounding properties for groundwater to support existing uses, and the soil absorption capabilities of the tract. The applicant may be required to establish a minimum contiguous area suitable for on-site sewage disposal that is in excess of the minimum area stipulated in § 399-16. Issuance of a use and occupancy permit for any subsequent change in use within the development shall be subject to the same contingency, where the proposed new use will place an inordinately greater demand on the groundwater supply than did the prior use.
[Amended 3-27-2002]
B.
To the extent that the proposed use presents the potential for unusual traffic problems or hazardous traffic conditions beyond those normally associated with the uses permitted under § 399-45, the Board may require that a specific analysis of those traffic impacts be submitted by the applicant or that the traffic impact study prepared in accordance with § 399-47 above include such a specific analysis. Where the Board finds it necessary to improve existing roads or intersections, to install traffic control devices, or to take similar actions to address the traffic problems posed by the proposed use, it may require such improvements to be made by the applicant.
C.
As a condition of approval of any proposed use, the
operation of which involves significant quantities of toxic or hazardous
materials or the generation of hazardous wastes, the Board may stipulate
limits on the volume of such materials used and/or require special
waste-handling measures to avoid groundwater contamination.
D.
As a condition of approval of any proposed use, the
Board may attach additional stipulations on the design, layout, and/or
operation of such use in relation to its particular characteristics,
including but not limited to the following:
E.
For any fast food restaurant proposed as a conditional
use within the MU District, the applicant shall propose and carry
out measures, deemed satisfactory by the Board, that assure compliance
with the following requirements:
[Amended 6-19-2002; 10-17-2007 by Ord. No. 10-2007]
(1)
Food and/or beverage is not to be consumed within
the parking area or any other exterior portion of the restaurant or
convenience store site.
(2)
Trash disposal shall be managed so as to prevent any
problems of littering, on or all the site.
(3)
Noise and lighting shall be controlled so as to avoid
any impact on adjacent residential properties.
F.
Any application for conditional use approval for the
commercial use of water resources shall be subject to the following
standards and criteria:
[Added 3-27-2002]
(1)
A detailed Water Supply Impact Plan (hereinafter "plan") shall be submitted for review and approval by the Township. Such plan shall be prepared by an independent professional geologist or a professional engineer with a current certificate of occupation as issued by the Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs (hereinafter "qualified professional"). Such qualified professional shall be approved by the Township prior to commencement of the study described in Subsection F(2) below.
(2)
Upon approval and execution of the plan, a Water Supply
Impact Study (hereinafter "study") shall be prepared and submitted
by a qualified professional. The study shall evaluate the affect of
the proposed commercial use of water resources on the existing surface
and subsurface water within one radial mile of the site property corners.
(3)
Where determined necessary by the Township, any data
suggesting that the proposed use will neither diminish the quantity
or quality of water available to surrounding properties nor measurably
reduce the flow of surface water in East Brandywine Township shall
be subject to independent review and confirmation (hereinafter "confirmation
report") by a third-party qualified professional selection of the
qualified professional shall be agreed to by the Township and applicant,
and the cost of the confirmation report shall be divided equally between
the Township and applicant.
(4)
The proposed commercial use of water resources shall
not be permitted if an interpretation of the data presented in the
study or in the confirmation report reasonably predicts that the proposed
use will unacceptably diminish the quantity or quality of water available
to surrounding properties, or will measurably reduce the flow of surface
waters in East Brandywine Township.
