[Amended 9-21-2009 by Ord. No. 391-09; 8-19-2013 by Ord. No.
417-13]
A.
The purpose of this district is to provide for a variety of retail,
commercial, residential, institutional, and mixed uses within the
Village of Berwyn and its immediately contiguous areas, as depicted
on the Zoning Map,[1] consistent with the maintenance, preservation and enhancement
of the traditional Village of Berwyn atmosphere. It is recognized
that the purpose of this district is to serve the needs of the Easttown
community, while at the same time preserving and enhancing the unique
qualities of the district. Specific objectives of the district include
the following:
(1)
Encourage economic development while promoting the traditional main
street development form along Lancaster Avenue.
(2)
Protect existing residential uses and structures of historical or
architectural significance.
(3)
Promote and maintain a walkable community in the district using pedestrian-scaled
design principles.
(4)
Allow for mixed-use development where appropriate by encouraging
the integration of commercial and residential uses within buildings,
concentrating commercial uses at ground level.
(5)
Employ design principles that preserve and enhance existing desirable
architectural and streetscape elements that are typical of Berwyn,
and ensure that new construction and redevelopment projects are compatible
with the surrounding community.
(6)
Employ parking, circulation, and mobility strategies that maximize
efficiency and safety.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Because there is a diversity of land uses, including commercial,
office, institutional, and residential, and a variety of building
types at different sizes and densities, the Village of Berwyn District
is divided into three separate zoning districts as follows: the Village
Business District (VB), the Village Transition District (VT), and
the Village Residential District (VR).
A.
Uses by right in the Village Business District (VB). The following uses shall be permitted by right in the Village Business District (VB), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1)
Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:
(2)
Bank or financial institution.
(3)
Bed-and-breakfast.
(4)
Convenience store.
(5)
Dwelling, multifamily, subject to the first floor regulations of § 455-25B(9).
[Amended 4-5-2021 by Ord. No. 448-21]
(8)
Grocery store.
(10)
Laundry or dry cleaning.
(11)
Personal service commercial use.
(12)
Professional or business office.
(13)
Restaurant.
(14)
Restaurant, fast-food.
(15)
Retail commercial use.
(16)
Theater.
B.
Conditional uses in the Village Business District (VB). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable condition that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
C.
Accessory uses in the Village Business District (VB). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:
(2)
Storage within a completely enclosed building.
A.
Uses by right in the Village Transition District (VT). The following uses shall be permitted by right in the Village Transition District (VT), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1)
Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:
(2)
Bed-and-breakfast.
(3)
Dwelling, single-family.
(4)
Dwelling, townhouse.
(5)
Dwelling, two-family, twin.
(6)
Dwelling, two-family, duplex.
(10)
Laundry or dry cleaning.
(11)
Personal service commercial use.
(12)
Professional or business office.
(13)
Theater.
B.
Conditional uses in the Village Transition District (VT). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
C.
Special exception uses in the Village Transition District (VT). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
D.
Accessory uses in the Village Transition District (VT). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:
A.
Uses by right in the Village Residential District (VR). The following uses shall be permitted by right in the Village Residential District (VR), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
B.
Conditional uses in the Village Residential District (VR). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
C.
Special exception uses in the Village Residential District (VR). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
D.
Accessory uses in the Village Residential District (VR). The following
accessory uses, buildings, and structures (including signs and parking
associated with the accessory use) are permitted on the same lot with,
and customarily incidental to, any of the uses permitted by this section:
The following area and bulk regulations shall apply within all
Village of Berwyn Districts:
B.
Build-to line.
[Amended 1-15-2018 by Ord. No. 433-18]
(1)
The build-to line shall be either the street right-of-way line or
a dimension measured from the curbline/cartway as listed for specified
streets in each district below, whichever is further from the curbline/cartway:
(2)
A building shall be set back from the build-to line by a minimum distance of five feet to a maximum distance of 15 feet for the purposes of a village garden, plaza, square, courtyard, recessed entrance, or outdoor dining area consistent with the streetscape standards in Chapter 274, Natural Resources Protection, Article XII.
(3)
Primary pedestrian access must be placed along the build-to line
and not the rear or side of the building. Additional pedestrian access
points may be located on other facades.
E.
Side yard setback.
[Amended 1-15-2018 by Ord. No. 433-18]
(1)
In the VB District, there is no required minimum side yard setback.
However, if a new or expanded structure is not built up to the side
lot line, the new or expanded portion of the building must be set
back a minimum of 10 feet from the side lot line. See Figure X-1.
(2)
In the VT District and VR District, minimum side yard setbacks are
determined by the type of building/use.
(a)
Single-family detached dwellings and accessory buildings: five
feet minimum. See Figure X-3.
(b)
Attached residential dwellings (townhouse or twin/duplex): no
minimum side yard setback if attached to an adjacent residential dwelling.
The end row for an attached residential dwelling shall be set back
a minimum of 10 feet from the side lot line. See Figures X-2 and X-3.
(c)
All other permitted and conditional uses: 12 feet minimum. See
Figures X-4 and X-5.
J.
Building height. The minimum and maximum building height shall be
as listed in the following Building Height Table. The maximum building
height shall not exceed the measure in stories or in feet, whichever
is lower.
|
Building Height Table
| ||||
|---|---|---|---|---|
|
Village Business (VB District)
|
Village Transition (VT District)
|
Village Residential (VR District)
| ||
|
North of Lancaster Avenue
|
South of Lancaster Avenue
| |||
|
Minimum height
|
2 stories
|
2 stories
|
—
|
—
|
|
Street wall height (maximum)
|
3 stories
(42 feet)
|
3 stories
(42 feet)
|
35 feet
|
35 feet
|
|
Total height (maximum)
|
4 stories
(55 feet)
|
3 stories
(42 feet)
|
35 feet
|
35 feet
|
|
Fourth-story stepback (minimum)
|
10 feet, or no stepback if fourth story is built within roof
architecture*
|
—
|
—
|
—
|
|
*
|
NOTE: If fourth story is built within roof architecture,
then roof pitch shall not exceed a slope of 14:12.
|
|
Figure X-1
VB District Building and Structure Setbacks
 [Added 1-15-2018 by Ord. No. 433-18]
|
|
Figure X-2
VT District Residential Building and Structure Setbacks
 [Added 1-15-2018 by Ord. No. 433-18]
|
|
Figure X-3
VR District Residential Building and Structure Setbacks
 [Added 1-15-2018 by Ord. No. 433-18]
|
|
Figure X-4
VT District - "All Other Uses" Building and Structure
Setbacks
 [Added 1-15-2018 by Ord. No. 433-18]
|
|
Figure X-5
VR District - "All Other Uses" Building and Structure
Setbacks
 [Added 1-15-2018 by Ord. No. 433-18]
|
K.
Maximum
density for multifamily dwellings.
[Added 4-5-2021 by Ord. No. 448-21; amended 4-4-2022 by Ord. No. 450-22]
Each building, structure, or use constructed, established, erected, enlarged, modified or altered in the VB, VT and VR Districts shall provide and satisfactorily maintain off-street parking spaces in accordance with the requirements of this article, Article VIII (General Regulations), and Article X (Off-Street Parking and Loading). The parking regulations and design standards in this district shall supplement the regulations and design standards in Article X, and in the case the provisions of this article conflict with the provisions of Article X, the provisions of this article shall apply.
A.
Off-site parking alternatives. The following alternatives for off-street
parking shall apply within the Village of Berwyn Districts:
(1)
Common parking lots. Two or more existing or proposed uses located
on separate lots in the VB, VT and VR Districts may provide for required
parking in a common parking lot if conditional use approval is granted
by the Supervisors and if all of the following requirements are met
(See Figure 5-1[1]):
(a)
If each lot has adequate parking, but combining the parking areas would yield added parking benefiting the uses, then parking may be combined on the lots, subject to compliance with this Subsection A(1).
(b)
The total number of spaces provided for both uses may be reduced
by 10% from the sum of the spaces required for each use individually.
(c)
Common parking shall not be extended to include contiguous lots
or parts thereof which lie outside the VB, VT and VR Districts.
(d)
The owners of all lots involved join in a written application for land development in compliance with Chapter 400, Subdivision and Land Development, and agree in writing by execution of a land development agreement on an approved Township form to be fully bound to develop common parking to serve all of the lots.
(e)
The preliminary sketch and final land development plans shall show a traffic circulation and parking plan meeting the minimum requirements of this chapter and Chapter 400, Subdivision and Land Development.
(f)
A written agreement assuring the retention of parking spaces
for such common parking lots shall be properly drawn and executed
by the parties concerned and approved as to form and execution by
the Township Solicitor as a part of conditional use approval. Such
conditional use approval shall be rescinded by the Township and additional
parking shall be obtained by the owner to meet the required standard
in the following cases:
[1]
If the Township determines the parking results in a public nuisance
or adversely affects the public health, safety, or welfare.
[2]
If at any time the parking is found in violation of any of the
provisions of the conditional use.
[3]
If the parking does not result in providing, or does not continuously
provide, the approved amount of required parking.
[4]
If such agreement is changed, amended, or extinguished, without
notice and approval by the Township.
[5]
If there is a change in use.
[1]
Editor's Note: Figure 5-1 is included as an attachment to this chapter.
(2)
Off-site parking lots. Required parking spaces may be accommodated
in off-site parking areas within the VB, VT and VR Districts, provided
the following requirements are met and if conditional use approval
is granted by the Supervisors (See Figure 5-2[2]):
(a)
The owner of a use or structure shall submit an application
that includes a site plan and agreement showing joint use, agreement,
maintenance responsibility, and location of the off-street parking
area.
(b)
The number of spaces fulfills the requirement for the structure
and use for which the lot is designated to accommodate.
(c)
Pedestrian walkways or sidewalks for pedestrian safety are available.
(d)
The lot can be accessed by patrons where safe crossing of arterial
or collector streets is available, and are located within 500 feet
of the primary building in which the use is located.
(e)
A written agreement assuring the retention of parking spaces
for such off-site parking shall be properly drawn and executed by
the parties concerned and approved as to form and execution by the
Township Solicitor as a part of conditional use approval. Such conditional
use approval shall be rescinded by the Township and additional parking
shall be obtained by the owner to meet the required standard in the
following cases:
[1]
If the Township determines the parking results in a public nuisance
or adversely affects the public health, safety, or welfare.
[2]
If at any time the parking is found in violation of any of the
provisions of the conditional use.
[3]
If the parking does not result in providing, or does not continuously
provide, the approved amount of required parking.
[4]
If such agreement is changed, amended, or extinguished, without
notice and approval by the Township.
[5]
If there is a change in use.
[2]
Editor's Note: Figure 5-2 is included as an attachment to this chapter.
(3)
Shared parking lots. Required parking spaces may be accommodated
by shared parking lots within the VB, VT and VR Districts, provided
the following requirements are met and if conditional use approval
is granted by the Supervisors (See Figure 5-3[3]):
(a)
Up to 50% of the required parking spaces for a theater, restaurant,
or other use of primarily evening entertainment may be provided and
used jointly by banks, offices, retail stores, service establishments,
places of worship, and other similar uses which are not normally open,
used, or operated during evening hours (beyond typical business hours
of 8:00 a.m. to 5:00 p.m.), and on Saturday and Sunday.
(b)
As stated above, sharing of parking must be approved by a conditional
use. In granting the conditional use, the Board of Supervisors shall
consider, among other criteria, the hours of operation of the uses
that are sharing required parking spaces and the number of spaces
involved.
(c)
Shared or common parking lots shall be provided with appropriate
signage indicating the buildings and/or uses for which the spaces
are available.
(d)
Places of public assembly, including places of worship, auditoriums,
gymnasiums or other assembly halls, may provide up to 20% of required
parking.
(e)
A written agreement assuring the retention of parking spaces
for such sharing of required parking shall be properly drawn and executed
by the parties concerned and approved as to form and execution by
the Township Solicitor as a part of conditional use approval. Such
conditional use approval shall be rescinded by the Township and additional
parking shall be obtained by the owner to meet the required standard
in the following cases:
[1]
If the Township determines the parking results in a public nuisance
or adversely affects the public health, safety, or welfare.
[2]
If at any time the parking is found in violation of any of the
provisions of the conditional use.
[3]
If the parking does not result in providing, or does not continuously
provide, the approved amount of required parking.
[4]
If such agreement is changed, amended, or extinguished, without
notice and approval by the Township.
[5]
If there is a change in use.
[3]
Editor's Note: Figure 5-3 is included as an attachment to this chapter.
(4)
On-street and public parking credit. Required parking spaces may
be accommodated by on-street parking within the VB, VT and VR Districts,
provided the following requirements are met and if conditional use
approval is granted by the Supervisors (See Figure 5-4[4]):
(a)
Only retail, professional office, or similar use within the
VB, VT and VR Districts shall be permitted to count on-street parking
toward off-street parking requirements.
(b)
On-street parking may be counted towards meeting a maximum of
20% of off-street parking requirements, provided the spaces can be
accessed without patrons crossing arterial or collector streets, and
are located within 50 feet of the primary building in which the use
is located.
(c)
Spaces available in public parking lots may be counted towards
meeting a maximum of 20% of off-street parking requirements, provided
the spaces can be accessed by patrons where safe crossing of arterial
or collector streets is available, and are located within 250 feet
of the building entrance in which the use is located.
(d)
On-street parking and public parking may comprise a combined
maximum of 30% of off-street parking requirements.
[4]
Editor's Note: Figure 5-4 is included as an attachment to this chapter.
(5)
Removal of curb cut(s). (See Figure 5-5[5]). In the following cases within the VB, VT and VR Districts,
the removal of a curb cut by a business or property owner to either
increase the number of parking spaces or increase the open space,
aesthetics, or access to a parking lot shall be permitted by conditional
use, in accordance with the following:
(a)
Where an existing parking lot has more than one access and the
applicant(s) can prove that removal of a curb cut(s) will improve
the condition of the street from which it is removed and will not
cause significant traffic issues at the remaining access point(s)
as determined by the Township Engineer.
(b)
Where two or more adjacent businesses can feasibly interconnect
their existing or proposed parking lot(s), the number of curb cuts
may be reduced and the total number of required spaces for the associated
uses may be reduced by up to 20% per parking lot connection.
[5]
Editor's Note: Figure 5-5 is included as an attachment to this chapter.
B.
Design standards.
(1)
General regulations.
(a)
Parking shall be permitted on public or private streets within
the VB, VT and VR Districts for the implicit use of providing parking
for the solicitation of businesses within the VB, VT and VR Districts,
unless specifically prohibited by the Township police. The Township
reserves the right to restrict on-street parking at locations where
parking may be hazardous, impede sight distances, block fire hydrants,
or for other substantive measures by placing signs, or other appropriate
measures.
(2)
Off-street parking access.
(a)
Access drives or streets that cross the lot line along a public
right-of-way shall be limited to two in number along the frontage
of each right-of-way, and their center lines shall be placed at least
40 feet apart. On all corner properties, such accesses shall be spaced
a minimum of 30 feet, measured at the curbline, between the center
line of any such access and the right-of-way line parallel thereto.
The separation distance shall not apply to single-family detached,
semidetached and two-family residential lots in a development.
(5)
Traffic lane and driveway dimensions.
(a)
Traffic aisles and other vehicular accessways designed for circulation
of motor vehicles within parking lots or between parking spaces shall
have the following minimum widths. Where garages face each other,
the garage doors shall be separated a minimum of 35 feet in order
to provide adequate back-out area.
[Amended 1-15-2018 by Ord. No. 433-18]
|
Accessway (aisle) Width
| |
|---|---|
|
One-Way
|
Two-Way
|
|
14 feet
|
22 feet
|
(b)
Notwithstanding the provisions of Subsection B(5)(a) above, for a traffic aisle or other vehicular accessway leading to an off-street parking facility with less than 20 spaces in the VB, VT or VR District from any street other than Lancaster Avenue, the minimum width for a one-way or two-way accessway may be reduced to 12 feet.
(6)
Minimum number of required off-street parking spaces. All owners and developers shall provide for each land use, at a minimum, sufficient off-street parking spaces to conform to Article X, § 455-74G, H, and I. The Board of Supervisors may grant by conditional use a reduction in the number of off-street parking spaces provided, if an applicant can quantitatively demonstrate that the proposed use can be adequately served with fewer off-street parking spaces than would be required in Article X, § 455-74H and I. Factors unique to the subject application shall be considered and analyzed and may include, but not be limited to, proximity to one or more types of public transit; use of shared parking or similar strategies; and unique land use characteristics specific to the subject application that result in measurably less reliance on automobile use.
(9)
Multifamily
buildings containing apartments on lots or parcels along Lancaster
Avenue in the VB Village Business District shall comply with the following
design requirements:
[Added 4-5-2021 by Ord. No. 448-21]
(a)
The first 35 feet in depth of the first or ground floor (sidewalk
level) of the building measured at a right angle from the inside of
the street wall along Lancaster Avenue shall not be used for the storage
or parking of motor vehicles or the storage of personal property.
(b)
The façade facing Lancaster Avenue shall not include a vehicular
entrance-exit or vehicular accessway for motor vehicles or for storage
facilities.
(c)
A minimum of the first 35 feet in depth of the first or ground floor
(sidewalk level) of the building measured at a right angle from the
inside of the street wall along Lancaster Avenue shall be restricted
to nonresidential uses for residents of the multifamily building and/or
other nonresidential uses permitted in the VB District.
C.
Parking shall not be permitted at grade level under any building
in the VB, VT, or VR District, except as follows:
[Amended 11-21-2022 by Ord. No. 453-22]
(1)
Single-family dwellings;
(2)
Two-family dwellings;
(3)
Stand-alone public and private parking garages;
(4)
For all other buildings, podium parking shall be permitted, only
as set forth below:
(a)
Podium parking may be in the form of parking at grade level;
(b)
Podium parking shall be accessed from a service drive or alley
on the side or rear of a building;
(c)
Podium parking, if unable to be accessed from a service drive
or alley on the side or rear of a building, shall include a driveway
no wider than 20 feet in width;
(d)
The podium parking within the architecture of a building shall
include a front facade to conceal views of the parking along the frontage
street; and
(e)
The first 30 feet of depth of the podium parking structure shall
include a lobby space and an amenity space that is visible from the
frontage street.
