[Added 7-16-2014 by Ord. No. 02-2014]
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.
A. 
Uses permitted by right. A building may be erected, altered or used, and a lot may be used or occupied, for any one of the following purposes, or for as many as three such purposes in combination, and no other:
(1) 
Single-family detached dwelling.
(2) 
Dwelling unit or units, when arranged to form an integral part of a building in which the ground floor, or at a minimum the front portion thereof, is constructed and maintained for any use permitted under Subsection A(3) through (11) herein, and when in compliance with § 399-160I.
(3) 
Retail sale of dry goods, hardware, variety and general merchandise, clothing, food, flowers, pharmaceuticals, personal-care items, household supplies or furnishings; musical, professional or scientific instruments; and similar items, but specifically not including:
(a) 
The sale of new or used automobiles, trucks, or similar vehicles; and
(b) 
The sale of automotive fuel or lubricants.
(4) 
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; plumber; electrician.
(5) 
Restaurant, retail bakery, confectionery, or other places serving food and/or beverages, provided that no fast-food restaurant shall be permitted.
(6) 
Office for the professional practice of medicine, law, engineering, architecture, real estate, insurance, or financial consultation.
(7) 
Studio for performing or visual arts; gallery.
(8) 
Inn, but not including motel/hotel.
(9) 
Gift, art, and/or antique shop.
(10) 
Museum or library.
(11) 
Specialty shop and facilities for craftsman, such as blacksmith, tinsmith, or cabinet maker.
(12) 
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, including but not limited to those uses described in § 399-92.
(13) 
No-impact home occupation, in accordance with the terms of § 399-93.
[Added 11-29-2018 by Ord. No. 05-2018]
B. 
Uses by special exception.
(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:
(a) 
Conversion of a single-family dwelling, subject to the provisions of § 399-96.
(b) 
Accessory dwelling unit, in accordance with the terms of § 399-91.
(c) 
Religious use.
(d) 
Bed-and-breakfast facility, in accordance with the terms of § 399-95.
(e) 
Any use deemed by the Zoning Hearing Board to be of the same general character as any of the uses specifically permitted under Subsection A.
(2) 
Among 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 a 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.
C. 
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of § 399-163 and other applicable provisions of this article and of § 399-137:
(1) 
Single-family attached dwellings.
(2) 
Two-family dwellings.
(3) 
Planned village commercial center, comprising one or more buildings containing four or more of the uses permitted under the terms of Subsection A.
(4) 
Major home occupation, in accordance with the terms of § 399-93.
[Added 11-29-2018 by Ord. No. 05-2018]
A. 
The regulations in this section shall be applicable only when, as a prerequisite, it can be demonstrated that adequate sewage facilities and water supply for the use in question can be provided and approved. Criteria for determining such adequacy shall include compliance with the requirements of this article and other applicable provisions of this chapter, as well as the requisite approvals and permits from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Any proposed use for which water and/or sewage facilities are deemed inadequate to serve such use shall comply with the area and bulk regulations for single-family dwellings in the R-3 District.
B. 
Minimum lot area. Except as otherwise specified by this chapter for particular uses, a net lot area of not less than 20,000 square feet shall be required in the VC District. Where the lot is to contain a combination of uses, as permitted in § 399-159, a minimum lot area of 10,000 square feet per use shall be required.
C. 
Minimum lot width. Each lot shall have a width of not less than 100 feet at the building setback line.
D. 
Minimum front yard. There shall be a front yard on each lot which shall be not less than 15 feet in depth.
E. 
Minimum side and rear yards.
(1) 
On each lot except a corner lot, there shall be no required side yard where buildings are erected on the side lot line and share a common party wall with a building on an adjacent lot. Where buildings are not so erected, there shall be a side yard along each side lot line having a width of not less than 10 feet.
(2) 
On each corner lot, any side yard shall have a width of not less than 15 feet.
(3) 
No principal building shall be located closed than 45 feet to any rear property line.
(4) 
Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
F. 
Maximum impervious surface. Not more than 75% of the net area of any lot may be covered by impervious surfaces.
G. 
Minimum vegetative cover. Not less than 20% of the gross area of any lot shall be planted and maintained with existing and/or installed vegetation.
H. 
Maximum height. No building or other structure erected, altered, or enlarged in the VC District shall exceed a height of three stories or 35 feet, whichever is less.
I. 
Dwellings in combination with nonresidential use.
(1) 
Any dwelling unit permitted under the terms of § 399-159A(2) above shall have a floor area of not less than 950 square feet.
(2) 
Total floor area devoted to dwelling units within the structure shall not exceed four times the total floor area of the ground-floor nonresidential use or uses.
(3) 
Entrance to any dwelling unit may be shared with another unit or units but shall be independent of the nonresidential use or uses.
(4) 
Off-street parking required for each dwelling unit shall be in accordance with Article XV of this chapter and shall be in addition to the parking requirements for the nonresidential uses or uses.
(5) 
Where two or more dwelling units are to be created above the ground floor, requisite approvals of interior layout, emergency exits, etc., shall be obtained from the Pennsylvania Department of Labor and Industry and a copy provided to the East Brandywine Fire Company upon receipt of such approval.
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.
F. 
Storage: as required by § 399-80.
G. 
Interior circulation: as required by § 399-82.
H. 
Lighting: as required by § 399-83.
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.
A. 
Single-family attached dwellings.
(1) 
Maximum density: four dwelling units per acre of net tract area.
(2) 
Maximum impervious surface. No more than 45% of the gross tract area shall be covered by impervious surfaces.
(3) 
Common open space. It is not required that common open space be provided as part of the development of single-family attached dwellings in the VC District. Where common open space is provided, however, it shall comprise an area representing not less than 30% of the gross tract area.
(4) 
Minimum width of unit: 20 feet.
(5) 
Minimum front yard: 15 feet.
(6) 
Minimum side yard (end units): 15 feet.
(7) 
Minimum rear yard: 45 feet.
(8) 
All dwellings shall be served by a community or public sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of §§ 399-160A and 399-161K above.
(9) 
The furnishing of a detailed and acceptable planting plan and its approval by the Board of Supervisors shall be a condition of any approval of an application for single-family attached dwellings.
(10) 
The use, location, design, maintenance, and ownership of any common open space areas shall be in accordance with the applicable standards contained in § 399-58C(5) of this chapter.
(11) 
Design standards regarding building separation, setbacks, and length shall be those contained in § 399-37E(3) of this chapter.
B. 
Two-family dwellings.
(1) 
Minimum net lot area: 10,000 square feet per family.
(2) 
Minimum lot width: 60 feet as measured at the building setback line.
(3) 
Minimum front yard: 15 feet.
(4) 
Minimum side yard: 15 feet.
(5) 
Minimum rear yard: 45 feet.
(6) 
Maximum impervious surface. Not more than 35% of the net area of any lot may be covered by impervious surfaces.
(7) 
Maximum height: three stories or 35 feet, whichever is less.
(8) 
All dwellings shall be served by a community sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of § 399-160A and § 399-161K above.
C. 
Planned Village Commercial Center.
(1) 
Minimum gross tract area: 32,000 square feet.
(2) 
Minimum net tract area per individual use: 8,000 square feet.
(3) 
Minimum tract width: 125 feet.
(4) 
Minimum front yard: 60 feet where parking is provided in the front yard; 35 feet where no parking is provided in the front yard.
(5) 
Minimum side and rear yards: 15 feet where the tract abuts a nonresidential zoning district; 50 feet where the tract abuts a residential zoning district.
(6) 
Minimum setback of parking area from any tract boundary line: eight feet.
(7) 
Maximum floor area ratio: 60% of the gross tract area.
(8) 
Maximum total impervious surface coverage: 70% of the gross tract area.
(9) 
Minimum vegetative cover: 25% of the gross tract area.
(10) 
Frontage landscaping. There shall be a frontage landscaped area provided at the street right-of-way line, extending a minimum of eight feet into the front yard, and extending 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. The landscaped area shall comply with the standards of § 399-79 of this chapter. No improvements other than access drives shall be permitted within these landscaped areas. 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.
(11) 
Perimeter buffering. There shall be a landscaped buffer along all side and rear property lines which abut a residential zoning district boundary or use. Plantings within the buffer shall have a minimum depth of eight feet and shall comply with the terms of § 399-79 of this chapter.
(12) 
Access standards.
(a) 
A single, shared access shall be provided to serve the entire tract. Access shall take the form of an internal road which directs traffic to a single entrance with divided lanes, or by means of reverse-frontage access.
(b) 
Entrances shall be a minimum of 24 feet wide and shall have a depth of 40 feet before being intersected by an internal access aisle.
(13) 
Ownership. The tract of land to be developed shall be held 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 all 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 and agree in writing to be bound thereby with respect to development of the tract.
(14) 
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.