The VC Village Commercial District is intended to reflect and
support the properties and existing uses in the Village of Lyndell
and to assure that new uses or changes in use are compatible with
the traditional, compact neighborhood commercial character and complementary
residential uses within the village. Unobtrusive transition to the
surrounding residential district is to be achieved. The district seeks
to appropriately manage current and future business uses, including
mixed-use opportunities.
Except as otherwise specified by this chapter for particular
uses, the following design standards of this chapter shall, as applicable,
govern all uses within the VC District:
A. Signs: as required by Article
XVI.
B. Parking: as required by Article
XV.
C. Access and traffic control: as required by §
399-81.
D. Landscaping and site design: as required by §
399-78.
E. Screening and buffering: as required by §
399-79.
G. Interior circulation: as required by §
399-82.
I. Loading: as required by Article
XV.
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. For any new use or change of
use that will result in water usage and/or sewage disposal needs which
will exceed those of the existing use of the property, the Zoning
Officer shall require the applicant to submit appropriate documentation
from the Chester County Health Department, certifying the sufficiency
of the proposed sewage facilities and the quality and quantity of
the proposed water supply in relation to the proposed use or uses.
The Zoning Officer shall, as he deems it necessary, consult with the
Township Engineer on any aspect of the proposed sewage facilities
or water supply and shall deny the application where the proposed
sewage facilities or water supply are deemed to be inadequate.
In order to determine compliance with the terms of this article,
and to maximize compatibility of any new or changed land use with
the existing village character in Lyndell, any proposal for a use
authorized by right, special exception, or conditional use within
the VC District, with the exception of single-family detached and
two-family dwellings, shall require submission of a zoning compliance
plan in accordance with the terms of this section.
A. The zoning compliance plan, consisting of text and graphics, shall
be submitted to the Zoning Officer as part of an application for a
use and occupancy permit, special exception approval by the Zoning
Hearing Board, or conditional use approval by the Board of Supervisors.
B. The zoning compliance plan shall contain, at a minimum, the following:
(1)
Specific documentation of compliance with each standard cited in §§
399-160 and
399-161.
(2)
Certification from the Chief of the East Brandywine Fire Company
as to the adequacy of access for emergency vehicles.
(3)
Demonstration of compliance with any other applicable standards of Chapter
350, Subdivision and Land Development.
C. The zoning compliance plan shall be reviewed and evaluated as follows:
(1)
When part of an application for a use and occupancy permit,
the plan shall be reviewed by the Zoning Officer within the time frame
established by this chapter for acting upon such applications. The
Zoning Officer may, as he deems necessary, seek further comment on
the plan from the Township Planning Commission, the Township Engineer,
or other parties he deems appropriate. Where the plan indicates that
one or more requirements of this chapter will not be complied with,
the Zoning Officer shall so notify the applicant and shall withhold
issuance of any use and occupancy permit until such noncompliance
is remedied or appropriate relief from such requirement is obtained
from the Zoning Hearing Board or the Board of Supervisors.
(2)
Where submitted in conjunction with an application for special
exception, the plan shall be reviewed by the Zoning Officer, who shall
report his findings to the Zoning Hearing Board for consideration
during the public hearing on the special exception application. The
Zoning Officer may, as he deems necessary, seek further comment on
the plan from the Township Planning Commission, the Township Engineer,
or other parties he or she deems appropriate.
(3)
Where submitted in conjunction with an application for conditional use, the zoning compliance plan shall also address the requirements of §
399-137B(6) that are not otherwise included under the terms of this section. Upon completing his review of the application, as require in §
399-137C(1), the Zoning Officer shall report his findings to the Board of Supervisors for consideration during the public hearing on the conditional use application. The plan also shall be reviewed by the Planning Commission as part of its review of the conditional use application and recommendation to the Board of Supervisors.