[Added 9-16-2013 by Ord. No. 529]
In expansion of the statement of community development objectives contained in § 182-2 of this chapter, it is hereby declared to be the intent of this article with respect to the Village Commercial and Office District to encourage the development or redevelopment of limited commercial and office uses while preserving the neighborhood character and residential nature to areas of Upper Providence Township. The permitted uses will meet personal service needs of the village areas within the Township and will reflect the magnitude of development needed to support the surrounding residential village areas.
A.
Any one of the following uses is permitted on a lot within the Village
Commercial and Office Zoning District:
(1)
Antique store without outside storage or display.
(2)
Bed-and-breakfast.
(a)
Must be conducted out of an existing single-family detached
dwelling.
(b)
Two parking spaces shall be provided for the resident innkeeper,
one additional space shall be provided for each guest room, and one
additional space for each employee during the highest staffing period.
(c)
Guest stays are limited to one continuous seven-day period.
(3)
Business or professional office, sole practitioner with ancillary
staff.
(4)
Music, dance, art, or martial arts studio, or studio of similar
use.
(5)
Live/work units for artisans, professionals, and personal service
providers.
(6)
Personal service shops such as barbers, hairdressers, dry cleaners/laundries
(limited to pickup only; no on-site facilities), and self-service/coin-operated
laundry operations (without a dry-cleaning component).
(7)
Restaurant, cafe or similar establishment without curbside pickup,
drive-in/-through facilities or outdoor eating space.
(8)
Repair shop for jewelry, watches and clocks, optical goods,
household electronics, and musical, professional, or scientific instruments.
(a)
Retail sales are permitted at these establishments, but limited
to that good which is repaired on site.
(9)
Single-family detached homes within existing structures.
(10)
An accessory use on the same lot with and customarily incidental
to any of the above uses.
(11)
Residential uses, as a secondary use to the above uses, with
the following provisions:
(12)
As a conditional use and subject to the standards outlined in § 182-204 and as listed below, any use of the same general character, but not specifically named, as those uses set forth in Subsection A(1) through (10), herein:
(a)
In the judgment of the Township Board of Supervisors, the proposed
use will not generate a significantly greater amount of traffic volume
than those uses specifically named, based upon recommendation of Township
staff or professionals.
(b)
The use will not generate noise, noxious odors, air pollution
or glare, nor result in pedestrian-vehicular conflict or create any
other conditions hazardous to the health, safety and welfare of the
village area.
(c)
Any necessary loading and unloading operations shall be carried
on within or contiguous to the facade of any conditional use structure.
B.
On any lot greater than 1/2 acre (greater than 21,780 square feet),
any one of the following uses is permitted on a lot within the Village
Commercial and Office Zoning District:
(1)
Business or professional office, studio, or public utility office.
(2)
Doctor, dentist, orthodontist or other similar professional
medical office with four or fewer practitioners, with ancillary staff.
(3)
Restaurant, cafe, or similar establishment with outdoor eating
facilities and/or curbside pickup and without drive-in/-through facilities.
(a)
Outdoor eating space shall show that the eating space will not
impede pedestrian flow, parking, or other traffic.
(b)
A restaurant use may have either curbside pickup or a walk-up
window, but not both facilities.
(c)
Walk-up windows must be at least 15 feet from the end of pavement
for any parking space or drive aisle.
(4)
Retail sale of goods in an individual store with less than 10,000
square feet of gross floor area. Retail sales cannot include prescription
drug stores, household supplies and furnishings, or general merchandise
stores.
(5)
An accessory use on the same lot with and customarily incidental
to any of the above uses.
(6)
Residential uses, as a secondary use to the above uses, with provisions as outlined in Subsection A.
C.
On any lot greater than one acre (greater than 43,560 square feet),
any one of the following uses is permitted on a lot within the Village
Commercial and Office Zoning District:
(1)
Automotive garage, with all repairs or other work completed
indoors. Sales of gasoline are strictly prohibited.
(2)
Banks or other financial institutions without drive-through
facilities.
(3)
Business or professional office, in a single building, with
no more than four individual tenants.
(4)
Club, fraternal organization or lodge.
(5)
Retail sale of goods in an individual store with a maximum of
10,000 square feet gross floor area. Retail sales can include prescription
drug stores without drive-through facilities, household supplies and
furnishings, and general merchandise.
(6)
An accessory use on the same lot with and customarily incidental
to any of the above uses.
(7)
Residential uses, as a secondary use to the above uses, with provisions as outlined in Subsection A.
D.
On any lot greater than three acres (greater than 130,860 square
feet), any of the following uses are permitted on a lot within the
Village Commercial and Office Zoning District:
(1)
Day-care facility.
(2)
(3)
Indoor fitness, recreation, or entertainment use, provided the
gross floor area devoted to said use does not exceed 20,000 square
feet.
(4)
Theater for the performing arts, excluding a movie theater.
(5)
Any combination of those uses outlined within Subsections A, B, C, and D herein, and subject to the following requirements:
(a)
The uses may be in separate buildings; however, the design and overall appearance of buildings must be harmonious and fit within the context of the surrounding neighborhood and comply with the design requirements contained within § 182-96.3C(7), herein, and the design guidelines, § 154-36.3, of Chapter 154, Subdivision and Land Development.
(6)
As a conditional use a bank or other financial institution with drive-through facilities, subject to the requirements of § 182-204 and the following:
(a)
Banks or other financial institutions must abut one of the following:
[1]
Two collector or higher classification streets
as shown on the Township's Ultimate Right-of-Way Map on file in the
Township offices.
[2]
A collector or higher classification street (as shown on the Ultimate Right-of-Way Map) and a public or private road with average annual daily trips in excess of 6,500. [The applicant shall show average annual daily trips as part of the required traffic study; reference § 182-96.3A(5).]
(b)
Drive-through facilities must have direct access to a private
road or collector or higher road as classified by the Upper Providence
Township Ultimate Right-of-Way Map on file at the Township offices.
(c)
Drive-through facilities are limited to one lane with a drive-up
window, one additional lane served by a teller, and one freestanding
ATM lane.
(d)
Drive-through facilities are limited to the hours of operation
between 8:00 a.m. and 7:00 p.m.; ATM hours are not restricted.
(7)
As a conditional use a restaurant, cafe, or similar establishment may include drive-through facilities subject to the requirements of § 182-204 and the following:
(a)
The proposed restaurant or similar establishment must abut one
of the following:
[1]
Two collector or higher classification streets
as shown on the Township's Ultimate Right-of-Way Map on file in the
Township offices.
[2]
Two collector or higher classification streets (as shown on the Ultimate Right-of-Way Map) or the combination of two public or private roads with average annual daily trips in excess of 7,500, individually. [The applicant shall show average annual daily trips as part of the required traffic study; reference § 182-96.3A(5).]
(b)
Drive-through facilities must have direct access to a private
road or collector or higher road as classified by the Upper Providence
Township Ultimate Right-of-Way Map on file at the Township offices.
(c)
Drive-through facilities should be screened from adjacent uses
through the use of landscaping material or other acceptable material
at the discretion of the Township Board of Supervisors as recommended
by the Township professionals.
(d)
Drive-through facilities shall not be in any front yard areas.
(e)
The Board of Supervisors may limit the hours of operation for
drive-through facilities at its discretion.
E.
Prohibited uses; seasonal displays.
(1)
The following uses are strictly prohibited on any parcel within
the Village Commercial and Office Zoning District:
(a)
Automotive sales.
(b)
Outdoor storage. The use of outdoor areas, parking areas, or
areas abutting a residential zone or use for any type of storage is
prohibited. The use of semitrailers, metal storage or shipping containers
or temporary storage buildings for temporary storage or during a loading
or unloading procedure is permitted only in designated loading areas.
(2)
Retail uses may use front yard areas for the purpose of seasonal
displays. Seasonal displays are considered those displays that are
in place for less than 60 days.
A.
General requirements.
(1)
The tract of land to be developed shall be in one ownership
or shall be the subject of an application filed jointly by each of
the owners of the property for which the application is submitted.
The tract shall be developed under single direction in accordance
with the approved plan.
(2)
Sewer and water facilities. The tract of land shall be served
by public water facilities and public sewer facilities deemed acceptable
by the Board of Supervisors, upon the recommendation of the Township
Engineer.
(3)
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans shall also comply with all requirements of Chapter 154, Subdivision and Land Development, and other applicable ordinances. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4)
Neighborhood impact analysis. Any proposed development of greater than three acres shall be accompanied by a neighborhood impact analysis prepared by qualified professional(s), to the standards outlined within § 182-89, in addition to the following:
(a)
A review of the impact(s) that the proposed development will
have on the existing character of the village or neighborhood.
(b)
An action plan and timeline to ensure that any impact on residential
properties adjacent to the proposed development will be addressed
prior to project completion. This shall also include a discussion
of potential impact on those residential properties during the construction
process.
(5)
Traffic impact analysis. Any proposed development of greater than three acres shall be accompanied by a traffic impact analysis prepared by a qualified professional traffic engineer or transportation planner. The analysis will be done in accordance with the requirements of § 182-120E of this chapter, and shall include a specific analysis of weekend average daily trips. In addition, for developments that are proposed to contain less than 10,000 square feet of gross floor area and that generate less than 100 peark hour trips in either the morning or afternoon peak hour, the Township may permit the applicant to limit the traffic impact study to an analysis of the proposed driveway(s), which shall consider, at a minimum, the location, configuration and traffic expected to use the driveway(s) at the time of highest peak-hour demand. Additional information may be required at the discretion of the Township Board of Supervisors, upon the recommendation of the Township Engineer or Traffic Consultant.
B.
Site development requirements.
(1)
Building setback requirements.
(a)
For parcels with less than one acre of net tract area.
[1]
Front yard: 20 feet.
[2]
Side yard: minimum of 10 feet per side, with a
combined total of 20 feet. Any side yard abutting a residential zone
shall be, at a minimum, 15 feet, with the aggregate increased to 25
feet.
[3]
Rear yard: 25 feet. Any rear yard abutting a residentially
zoned tract shall be 40 feet.
(b)
For parcels with more than one acre, but less than three acres
of net tract area.
[1]
Front yard: 20 feet.
[2]
Side yard: minimum of 15 feet per side, with a
combined total of 30 feet. Any side yard abutting a residential zone
shall be, at a minimum, 20 feet, with the aggregate increased to 35
feet.
[3]
Rear yard: 30 feet. Any rear yard abutting a residentially
zoned tract shall be 40 feet.
(2)
Parking area setbacks.
(c)
For parcels with more than three acres of net tract area.
[1]
Front: 25 feet. Setback may be lowered to 20 feet,
provided a knee wall separating the parking spaces from the street
is installed.
[a]
Installation of a knee wall shall include the installation of plantings along both the street and development side to buffer and soften the wall. Plantings shall meet the standards outlined for a Buffer Type 4, as detailed in § 154-36D(1)(f) of Chapter 154, Subdivision and Land Development.
[b]
On the parking lot side of the wall, bumper stops
shall be installed.
[2]
Side: 25 feet; when abutting a residential zone,
50 feet.
[3]
Rear: 25 feet. When abutting a residential zone,
the minimum rear parking setback shall be 50 feet. The rear parking
setback abutting a residential zone may be reduced to 35 feet with
the installation of an opaque wall or fence six feet in height.
[a]
Any fence installed shall follow the design guidelines outlined within § 154-36.3 of Chapter 154, Subdivision and Land Development and the requirements of Article XX, Fences, within this chapter. If there is conflict between requirements within those sections, the most stringent requirements shall apply.
[b]
Installation of a fence shall include the installation plantings similar to a Buffer Type 4, as detailed in § 154-36D(1)(f) of Chapter 154, Subdivision and Land Development. Plantings shall be facing the residential property and shall soften the appearance of the wall. The developer/landowner must ensure that access to the landscaping for maintenance purposes is provided, and it shall be the responsibility of the landowner of the VCO-zoned property to maintain the buffer.
(6)
Maximum building height: 35 feet.
(7)
When multiple buildings are proposed, building spacing shall
be no less than 25 feet at the closest points.
(8)
Access driveways.
C.
Other development regulations.
(1)
Utilities. All utility lines shall be placed underground.
(2)
Signs. All signs in the VCO District shall be subject to the requirements of Article XIX of this chapter and the following:
(a)
Any sign with internal illumination may not be within 50 feet
of a residential zone. Any sign with external lighting, within 50
feet of a residential zoning district, shall have direct spot lighting.
At the Board of Supervisors' discretion, lighting of the sign may
be limited to certain hours.
(b)
Signs with scrolling marquees, neon or other similar lighting
shall not be visible from a residential zoning district.
(3)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the neighboring properties from unreasonable glare or hazardous interference of any kind and shall be installed in accordance with the provisions of § 154-40 of Chapter 154, Subdivision and Land Development Ordinance, of the Code of the Township.
(a)
Light fixtures within 250 feet of any residentially used or
zoned property shall not exceed 16 feet in height.
(4)
Landscape planting. Shade trees in accordance with § 154-36C of Chapter 154, Subdivision and Land Development, and other plantings shall be provided along any street frontage occupied by a VCO development.
(a)
Buffer requirements.
[1]
For any side or rear yard abutting a residentially
zoned property or use, and proposing less than 10,000 square feet
of gross floor area, a Buffer Type 2 shall be required. At the discretion
of the Board of Supervisors, upon the recommendation of the Township
Engineer or Planning Consultant, a Buffer Type 2A may be required.
[2]
For any side or rear yard abutting a residentially
zoned property or use, and proposing greater than 10,000 square feet
of gross floor area, a Buffer Type 3 shall be required.
[3]
For any side yard, when not abutting a residentially
zoned property, a Buffer Type 2 is required.
[4]
Any shared parking between one acre and smaller tracts shall not be required to install a Buffer Type 1 in the side yard with the shared parking; however, the shade tree requirement and other parking lot landscaping as required by § 154-36E, of Chapter 154, Subdivision and Land Development, are still required.
[5]
When the front yard of a tract is on a street frontage
opposite a residential zone, front yard parking shall be prohibited
and a Buffer Type 3 shall be installed.
(5)
Trash and refuse areas. The design of buildings in the VCO District
shall include either a provision for the storage of trash, refuse,
and garbage inside the building(s) or within a masonry-walled area
outside the building(s). The wall of such a trash and refuse area
must shield the trash and refuse from the direct view of any adjacent
property, must be at least six feet high, and at no time be located
within 100 feet of a residentially zoned or used property.
(6)
Off-street parking and loading facilities. All off-street parking and loading facilities shall comply with the requirements of Article XXII of this chapter.
(a)
For any development with more than three acres of net tract
area, parking shall be provided at a minimum ratio of 5.5 spaces per
1,000 square feet of gross floor area; provided, however, at the discretion
of the Board of Supervisors, upon recommendation by Township professionals,
and if certain proposed uses are known to generate higher parking
needs, a greater ratio can be imposed.
(b)
Shared parking. For individual developments with one acre or less of net tract area, shared parking is encouraged. In addition to the requirements of § 182-181 the following shall apply:
[1]
Adequate documentation to substantiate a reduction
in parking requirements shall be submitted with an applicant's subdivision
and/or land development application. At the discretion of the Board
of Supervisors and based upon the recommendation of the Township professionals,
a reduction in required parking may be granted.
[2]
For proposed shared parking in the VCO District, a special exception need not be secured, as is stipulated in § 182-181.
[3]
Proper cross easements and liability indemnification
shall be provided to the satisfaction of the Township Solicitor.
[4]
For those successful applications for shared parking, the individual lots may increase their impervious coverage an additional 5% above the maximum permitted in § 182-96.3B(5), herein. In addition, adjoining lots may aggregate the impervious coverage as though there were no lot lines. Impervious coverage may be exceeded for an individual lot as long as the maximum allowable is not exceeded for the aggregated lots.
(c)
Front yard parking. No more than 25% of the parking spaces required within Article XXII are permitted in the front yard of any VCO development in a parcel with less than three acres of net tract area. If an existing building prevents a land development from meeting the parking requirements in the side and rear yards, the Board of Supervisors may grant a conditional use to allow 50% of the parking spaces to be located within the front yard area, if the following requirements are met:
[1]
Adequate evidence is presented that no other parking
configuration is feasible on the individual lot.
[2]
Adequate evidence is presented that shared parking
is not feasible with the adjacent lots.
[3]
A Buffer Type 4 must be installed between the front
yard parking area and the ultimate right-of-way.
(d)
Parking reduction. The Board of Supervisors may reduce the total
amount of parking required, provided that the applicant demonstrates
that the number of required spaces exceeds the demands of the actual
development. The amount of reduction permitted by the Board of Supervisors
shall be based upon a recommendation by the Township Engineer or Traffic
Consultant from information provided to the Township by the applicant.
Information should, at a minimum, include appropriate information
from the latest edition of "Parking Generation" published by the Institute
of Transportation Engineers and other material prepared by a qualified
professional.
(7)
Design guidelines. In addition to Design guidelines for select commercial developments, § 154-36.3, of Chapter 154, Subdivision and Land Development, any proposed development within the VCO District must meet the following:
(a)
Facades.
[1]
Multistory buildings shall articulate the line
between the ground and upper levels with a cornice, canopy, balcony,
arcade, or other visual device.
[2]
Blank walls are not permitted along the main roadway
and if visible from a right-of-way or accessway shall be articulated
by details in masonry courses, window openings, recessed or projecting
window display cases, or other visual device.
[3]
The facade treatment of walls facing residential
use districts shall be similar to the primary front facade.
(b)
For buildings with a footprint greater than 15,000 square feet,
the building must be designed to appear as multiple buildings.
(c)
Existing buildings built before 1940 can be restored to their
original conditions or surfaced with brick or stone with wood trim
and details.
(8)
Amenities. The developer shall be required to provide public
amenity areas for community or client use, such as sidewalk benches,
sitting areas, monument areas with seating, and other services necessary
for the comfort and convenience of the prospective users of the VCO
District.
The retention of existing residential buildings in the VCO District for reuse in accordance with the provisions of the district is encouraged. In instances where this is done, the applicable building coverage requirement in § 182-96.3B(4) may be increased up to 10% and the applicable impervious coverage in § 182-96.3B(5) may be increased up to an additional 5%; provided that the following conditions are met:
A.
A minimum of 80% of the building exterior structure is retained;
any facade paralleling a public right-of-way shall be included in
the percentage of the building that is retained.
B.
Any building which faces a public street shall not be expanded toward
that street, except for the addition of a front porch consistent with
the architectural style of the original building. All applicable setbacks
for the porch shall be met.
C.
Expansion may be permitted to the side or rear of the building, if
it does not parallel a public road right-of-way and provided that
any expansion to the side begins a minimum of 10 feet back from the
front of the building and further provided that all applicable setback
requirements shall be met.
D.
The design of any building expansion and the proposed roofline shall
be architecturally compatible with the existing building.
