[Amended 5-17-2004 by Ord. No. 04-02A]
It is the intent of the C-3 District, as outlined by the Upper Uwchlan Township Comprehensive Plan, to provide for retail and service uses in an area of the Township accessible to a regional highway system. The C-3 District establishes standards for a unified and organized arrangement of buildings, service and parking areas, to facilitate access management and provide for safe, convenient and attractive commercial activity in the Township.
[Amended 9-19-2016 by Ord. No. 2016-07; 6-19-2017 by Ord. No. 2017-02; 6-15-2020 by Ord. No. 2020-01; 10-17-2022 by Ord. No. 2022-06; 7-15-2024 by Ord. No. 2024-01]
On any lot or tract in the C-3 Highway Commercial District with direct frontage on Route 100 (Pottstown Pike) and located north of Ticonderoga Boulevard and south of Byers Road, the use regulations set forth in § 200-33 for the C-1 Village District shall apply. On all other lots or tracts in the C-3 Highway Commercial District, the following regulations shall apply:
A. 
Uses by right. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied by right, for any one, but only one, of the following principal purposes, and no other:
(1) 
Office building.
(2) 
Bank or other financial institution.
(3) 
Passenger station for public transportation.
(4) 
Retail store, provided that no sale or dispensing of gasoline or other fuels and no adult-oriented use shall be permitted.
(5) 
Restaurant, drive-through restaurant.
(6) 
Personal service establishment.
(7) 
Educational or religious use.
(8) 
Cultural studio or cultural facility.
(9) 
Medical marijuana dispensary.
(10) 
Passive recreation.
(11) 
Active recreation.
B. 
Conditional uses. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied, for any one of the following principal purposes when authorized as a conditional use by the Board of Supervisors, subject to § 200-116 of this chapter. At the reasonable discretion of the Board of Supervisors, conditional uses in the C-3 Highway Commercial District may be approved subject to compliance with any applicable design standard(s) set forth in § 200-36.
(1) 
Any two or more principal uses otherwise permitted by right, conditional use, or special exception as provided herein. As a condition of conditional use approval, the Board of Supervisors may require that any application for a combination of two or more principal uses comply with the provisions of § 200-70 of this chapter, as deemed applicable by the Board.
(2) 
Day-care center.
(3) 
Hotel or motel.
(4) 
Bed-and-breakfast inn.
(5) 
Public place of amusement or recreation provided such use is exclusively indoors.
(6) 
Sale or dispensing of gasoline as a principal or accessory use.
(7) 
Vehicular sales establishment and sale of farming equipment.
(8) 
Automobile service establishment.
(9) 
Car wash.
(10) 
Adaptive reuse for historic preservation where permitted as a use subject to approval by the Board of Supervisors as a conditional use in accordance with § 200-72.1.
(11) 
Laboratory for scientific research and development.
(12) 
Hookah bar/lounge.
C. 
Special exceptions. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied for any one of the following principal uses when authorized as a special exception by the Zoning Hearing Board, subject to Article XX of this chapter:
(1) 
Municipal or public uses; governmental or public utility building or uses.
D. 
Accessory uses. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied for any customary commercial accessory use(s) provided that they are incidental to any permitted principal use.
A. 
Applicability.
(1) 
The area and bulk regulations set forth in this section shall apply to all lots and/or uses in the C-3 Highway Commercial District except that, where approved by the Board of Supervisors as a conditional use, modification of any applicable area or bulk regulation may be permitted. Where permitted, such modification(s) shall not vary more than 50% from either minimum requirements or maximum allowances otherwise applicable.
(2) 
In approving any area or bulk modification as a conditional use, the Board of Supervisors may stipulate the following:
(a) 
The proposed lot layout and/or structural design and the modifications necessary to accommodate such design shall be consistent with the purposes of this article.
(b) 
The proposed design shall enhance the appearance and function of the general area and its streetscapes.
(c) 
The proposed design shall not produce lots or pedestrian or vehicular access system(s) that would be impractical or which would adversely affect emergency access.
(d) 
The applicant shall demonstrate to the Board that the proposed modification(s) will produce equal or better results than could be achieved without the requested modification(s) and that they represent the minimum modification necessary to achieve such results.
(e) 
Where any modification involves an increase in impervious lot coverage beyond 60%, impervious lot coverage shall in no case exceed 75%, and the Board may require that system(s) be installed to fully recharge into the groundwater system all stormwater runoff from up to the two-year storm generated by any amount of impervious lot coverage that is greater than 60%.
(f) 
The Board may impose such other conditions as, in its judgment, will secure the objectives and purposes of this article.
B. 
Minimum lot area. For any use permitted in this district, every lot shall have an area of not less than 30,000 square feet.
C. 
Minimum lot width. For all uses, every lot shall not be less than 100 feet in width.
D. 
Yard regulations.
(1) 
A front yard of not less than 50 feet shall be provided on each lot.
(2) 
Two side yards of not less than 25 feet each shall be provided on each lot, except that setback shall be 50 feet where abutting a residential property or a public street or highway.
(3) 
A rear yard of not less than 50 feet shall be provided on each lot.
E. 
Coverage regulations.
(1) 
Building coverage. Not more than 30% of the area of a lot or tract shall be covered by buildings/structures.
(2) 
Lot coverage. Not more than 60% of the area of a lot or tract shall be covered by buildings/structures and other impervious materials.
F. 
Height restrictions. No structure or principal buildings shall exceed 35 feet in height.
G. 
Accessory buildings/structures. No accessory building or structure shall be located within the front yard, nor within 20 feet of any side or rear lot line.
H. 
Mixed-use dwellings. Buildings containing principal nonresidential uses may also contain one or more residential dwelling units which shall adhere to the following regulations in addition to compliance with the regulations in § 200-40A through G:
[Added 6-15-2020 by Ord. No. 2020-01]
(1) 
The ground floor, or at a minimum the front portion thereof, shall be used for the principal nonresidential use and the dwelling unit(s) shall be arranged to form an integral part of the remainder of the building. Specifically, residential and nonresidential uses shall each comprise no less than 30% of, nor greater than 70% of, the building's uses.
(2) 
All dwelling units shall have a floor area of not less than 600 square feet.
(3) 
The entrance to a dwelling unit may be shared with another dwelling unit or units but shall be independent of the entrance for the nonresidential use or uses.
(4) 
The parking required for each dwelling unit shall be provided in accordance with Article XV.
A. 
Public sewer and water are required for any use permitted in this district, if available.
B. 
Where public sewer service is not available and cannot reasonably be made available, any lot containing an individual on-site sewage disposal system shall include a minimum contiguous area suitable for on-site sewage disposal and of sufficient size to accommodate disposal of all sewage generated on-site in conformance with all applicable regulation, including provision for a backup disposal system. In no case shall such minimum contiguous area be less than 10,000 square feet. Use of individual on-site sewage disposal systems shall be contingent upon prior approval of both primary and backup disposal systems.
C. 
Where an amendment to the Upper Uwchlan Township Sewage Facilities (537) Plan is necessary to permit development of any particular sewage disposal system, such amendment shall be obtained at the sole risk and cost of the applicant.
For additional regulations applicable to this district, see Article XIV, Supplemental Land Use Regulations, Article XV, Common Regulations, and Article XVI, Signs.