[Added 12-18-2012 by Ord. No. 344]
The Route 202 Median Overlay District is designed to provide
additional opportunities for commercial development of properties
located within the median of Wilmington-West Chester Pike (U.S. Route
202, S.R. 202) where Route 202 is physically divided by land and private
property. The properties subject to the Route 202 Median Overlay District
are uniquely affected because of their location between the northbound
and southbound lanes of Wilmington-West Chester Pike, a principal
arterial highway in the Township, and the impact that existing and
required future rights-of-way for principal arterial highways, as
applied through the Code of Concord Township and the Pennsylvania
Department of Transportation's rules and regulations, have on
the development potential of those properties. Provisions are made
for allowance of billboards, off-premises signs, and certain convenience
stores or mini-markets between northbound and southbound lanes of
Wilmington-West Chester Pike, consistent with the safety of the traveling
public and the health and welfare of adjacent property owners.
A building may be erected or used, and a lot may be used or occupied, for any one or a combination of the following uses and no other, and subject to § 210-224 dealing with prohibited uses and performance standards, provided that the use and conversion of any existing dwelling shall comply with the provisions of Article XXV, Chapter 210, § 210-225, and provided that the demolition of, or special exception or conditional use for, an historic resource shown on the Historic Resources Map, or any subdivision, land development or construction activity within 300 feet of an historic resource shall be subject to the provisions of Article XIXA, Chapter 210, Historic Preservation, relating to historic preservation, and further provided that the use shall comply with the provisions of Article XX, Chapter 210, Floodplain Conservation District.
B.
Accessory uses.
(1)
The accessory uses permitted in the underlying zoning district(s)
applicable to the property shall be permitted as set forth in the
underlying zoning district(s).
C.
Uses by special exception, when authorized by the Zoning Hearing
Board.
(1)
The uses permitted by special exception in the underlying zoning
district(s) applicable to the property shall be permitted by special
exception.
D.
(1)
Convenience store or mini-market of 4,000 square feet or more,
including the sale of gasoline as an accessory use, provided:
(a)
Said use is designed for commercial goods and hours of operation
which encourage short stops for specific items rather than extensive
shopping trips;
(b)
The lot on which said use is established shall not be less than
three acres in size unless an applicant can demonstrate that:
[1]
Its property has frontage on two principal arterial highways
situated within the Township, which require a greater allocation of
right-of-way than other street classifications in the Township;
[2]
The maximum total impervious coverage, maximum total building
coverage, minimum structure setbacks and parking of the underlying
zoning district(s) applicable to the property can be met; and
[3]
Safe and efficient access to the property can be provided, in
which case the lot area may be reduced to not less than 1.25 acres
in size; and
Special development regulations are as follows:
A.
The special requirements prescribed for the underlying zoning district(s)
applicable to the property shall apply.
Landscaping regulations are as follows:
A.
Sign regulation shall be controlled by Article XIII of Chapter 210, except for billboards and off-premises signs which shall be controlled by the following:
(1)
Billboards and off-premises signs shall not be permitted except
within the Route 202 Median Overlay District in areas only between
the northbound and southbound lanes of Wilmington-West Chester Pike
and shall meet the following criteria and be required to adhere to
the following regulations:
(a)
Only one billboard or off-premises sign may be erected, constructed
or maintained on any premises.
(b)
All billboards or off-premises signs shall be demonstrated to
be oriented toward the road upon which the billboard or off-premises
sign fronts or faces to cause the least impact upon neighboring properties.
(c)
Billboards or off-premises signs shall be constructed in accordance
with all applicable Township codes and regulations.
(d)
The sign face of a billboard or off-premises sign shall not
exceed 12 feet in height and 42 feet in length.
(e)
Billboards or off-premises signs shall have a maximum sign face
area of 490 square feet.
(f)
The maximum height of the highest point of a billboard or off-premises
sign, or any part thereof, including its support structure, shall
not exceed 42 feet, as measured from the grade of the road surface
to which the sign is intended to be viewed immediately adjacent to
the base of the sign.
(g)
The bottom edge of any billboard or off-premises sign face may
not be located higher than 20 feet above the final grade of the road
surface from which the sign is intended to be viewed.
(h)
Billboards or off-premises signs may have two sign faces if
both faces would be readily viewable to traffic traveling in multiple
directions.
(i)
No billboard or off-premises sign may be closer than 1,250 feet
to any other billboard or off-premises sign on either the same or
opposite side of the street, as measured between the closest points
of each sign, including its supporting structure. This includes billboards
and off-premises signs located in other townships and municipalities.
(j)
No billboard or off-premises sign shall be located within 250
feet of the center of any intersection of two or more streets, as
measured horizontally from the nearest edge of the sign face to the
center of the intersection.
(k)
No billboard or off-premises sign shall be located within 200
linear feet of any residential zoning district, as measured horizontally
in all directions from the nearest edge of the sign face. This includes
residential zoning districts located in other townships and municipalities.
(l)
The nearest part of a billboard or off-premises sign that is
closest to the edge of the right-of-way to which the billboard or
off-premises sign is intended to be viewed from shall be no further
than 20 feet from the ultimate right-of-way.
(m)
A billboard or off-premises sign face shall be independently
supported and have vertical supports of metal, which are galvanized
or otherwise treated to prevent rust and corrosion.
(n)
A billboard or off-premises sign structure shall be capable
of withstanding a minimum wind load of 100 miles per hour or the wind
load standard as set forth in the ICC Building Code as currently adopted,
whichever is greater.
(o)
The entire base of a billboard or off-premises sign structure
shall be permanently landscaped with suitable shrubbery and/or bushes
of minimum height of five feet placed in such a manner as to screen
the foundation of the structure. A landscaping plan shall be submitted
for review by the Township landscaping consultant and approval by
the Code Enforcement Officer as part of the billboard or off-premises
sign permit application. The owner shall maintain said landscaping
in an attractive and healthy manner in accordance with accepted conservation
practices. Landscaping shall form a base and backdrop to a monopole
billboard or off-premises sign when practical.
(p)
No bare cuts are permitted on a hillside, and all cuts or fills
are to be permanently seeded or planted.
(q)
External illumination of any billboard or off-premises sign
face shall be shielded to prevent the light source from being seen
from any direction.
(r)
No illumination of any billboard or off-premises sign shall
occur between 11:00 p.m. and 6:00 a.m.
(s)
billboards or off-premises signs are an additional principal
use that is permitted regardless of whether there is an existing principal
use on the same lot.
(2)
Automatic changeable copy sign face display.
(a)
Automatic changeable copy sign is a sign face type whose content
may be changed by electronic process through the use of intermittent
light(s), including light-emitting diodes (LED), liquid crystal display,
and plasma image display. Sign faces whose copy changes through the
physical movement of mechanical parts shall not be permitted.
(b)
Automatic changeable copy signs shall not change sign face display
or copy more frequently than once every six seconds.
(c)
The automatic changeable copy sign face display shall not fade,
twinkle, scroll, dissolve, increase in intensity or include moving
pictures or animation.
(d)
The change of any automatic changeable copy sign face display
shall occur uniformly across the face of the sign and shall occur
in one second or less.
(e)
Flashing, sudden bursts of light, animation, noise, streaming
video, text or copy movement is prohibited.
(f)
An automatic changeable copy sign face display shall have a
maximum nits level of 7,500 nits; provided that the brightness of
the sign face shall not exceed 0.3 footcandles of light above the
normal ambient light levels. The sign luminance shall be determined
by a footcandle metering device held at a height of five feet and
aimed toward the sign face from a distance of 250 feet from a location
perpendicular to the sign face center as a white screen as seen in
plain view. Automatic changeable copy sign faces shall utilize ambient
light sensors to automatically reduce the intensity of the LED illumination
during periods of darkness.
(g)
Billboards or off-premises sign structures supporting automatic
changeable copy sign faces are only permitted where they are the only
principal use on the lot.
(h)
Billboards or off-premises sign structures supporting automatic
changeable copy sign faces shall only be constructed on lots having
a minimum size of one-half acre.
(i)
Billboards or off-premises sign structures supporting automatic
changeable copy sign faces shall only be constructed on lots having
a minimum street frontage of 550 linear feet along the roadway from
which the sign is intended to be visible.
(j)
Billboards or off-premise signs that support automatic changeable
copy sign faces shall not be located within 500 feet of any residential
zoning district. This includes residential zoning districts located
in other adjacent municipalities.
(k)
No internal illumination or lighting of any changeable copy
sign face shall occur between 11:00 p.m. and 6:00 a.m.
(3)
Installation and maintenance of billboards and off-premises
signs.
(a)
A permit application for a billboard or off-premises sign shall
be accompanied by a site plan addressing all of the applicable requirements
as set forth in the Zoning Ordinance, as amended, pertaining to a
billboard or off-premises sign.
(b)
An application for a billboard or off-premises sign shall be
accompanied by certification, under seal and signature by a professional
engineer registered in the Commonwealth of Pennsylvania, that the
plan conforms with the applicable requirements of the Concord Township
Zoning Code and that the existence of the off-premises sign or billboard,
as proposed, shall meet all construction standards as set forth in
the Township building codes.
(c)
No billboard or off-premises sign may be located on a roof of
any building.
(d)
Any illumination of a billboard or off-premises sign shall not
directly or indirectly spill over, encroach or trespass upon adjacent
properties and roadways or the night sky.
(e)
Any billboard or off-premises sign structure shall be entirely
repainted at a minimum of once every five years.
(f)
Every three years, the owner of any billboard or off-premises
sign structure shall have a structural inspection made of the sign
structure by a qualified Pennsylvania-registered structural engineer
and shall provide the Township with a certificate from the engineer
or architect certifying that the sign structure is structurally sound.
(g)
Annual inspections of a billboard or off-premises sign shall
be conducted by the Township Code Enforcement Officer to determine
compliance, and billboards or off-premises signs found to be in violation
shall be brought into compliance within 30 days of notice.
(h)
Any abandoned billboard or off-premises sign must be removed
within 30 days after notice. A billboard or off-premises sign is considered
to be abandoned if no advertising copy has been displayed on the billboard
for one year and the owner of the billboard has not expressed their
written intent to the Township to continue to advertise on the billboard
after nonusage of the billboard for one year; or the billboard structure
or any part thereof has been removed by the operator without the intention
to replace the billboard or off-premises sign. If the owner fails
to remove an abandoned sign or any supporting structures within 30
days, the Township may remove the sign and/or shrubs at the owner's
expense. A bond or escrow of $50,000 will be posted at the time the
sign application is granted to insure that adequate funds are available
for removal of the sign and restoration of the property.
