[Added 10-5-2023 by Ord. No. 2023-04]
The General Commercial Overlay District is established to provide additional opportunities for a broad mix of retail and service commercial uses without reducing the function of the underlying base zoning districts. In addition to the purpose and the community development objectives stated in the preamble to this chapter (§§ 200-2 and 200-3), the purposes of this article are to:
A.
Recognize a need to provide for a variety of uses which will be an
asset to the West Brandywine community, both from the standpoint of
local service and in terms of diversification of the local tax base;
B.
Accommodate larger-scale uses in locations which can be feasibly
served by public water and sewer systems, and with convenient access
to the arterial street of the Township;
C.
Allow existing businesses to grow and new businesses to establish,
consistent with chapter standards;
D.
Assure that nonresidential activities will be conducted in a manner
which respects the surrounding residents and landowners; and
E.
Establish transitional provisions that create flexibility within
existing zoning and planning scheme to promote commercial development
opportunities along the Horseshoe Pike (S.R. 322) corridor without
unduly disturbing the underlying base zoning districts.
The General Commercial Overlay District is an overlay district
to be applied to the specifically mapped base zoning districts, as
defined by the approved West Brandywine Township Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township
offices.
A.
Permitted uses. The following uses are permitted by right within
the General Commercial Overlay District:
(1)
Retail stores, including grocery, involving the sale of goods or
services to the general public, excluding drive-through services,
automobile service stations, or fuel-dispensing stations.
(2)
Restaurant, excluding those with drive-through service.
(3)
Tavern.
(4)
Personal service establishments.
(5)
Business, professional, medical, dental, or government office building,
including medical clinics, and multiple offices if contained in a
single building.
(6)
Financial service establishment, including bank, brokerage, and savings
and loan institution, with walk-up ATMs, but excluding drive-through
services.
(7)
Live-work units and upper level apartments, as a secondary use to
any principal use permitted herein.
(8)
Recreational use, indoor.
(9)
Funeral home, including crematorium as an accessory use associated
with the operation of the funeral home.
(10)
Veterinary office or clinic, or animal hospital.
(11)
Auto service or repair garage facility.
(12)
Sale or rental of automobiles and other vehicles.
(13)
Hotel or motel.
(14)
Adult or child day-care facility.
B.
Permitted special exception. The following uses may be permitted by the Zoning Hearing Board as a special exception in accordance with the provisions set forth in § 200-146 of the Zoning Ordinance. Special exception uses shall be compatible with the surrounding neighborhood and shall not be detrimental to public health, safety, or welfare:
(1)
Outdoor farmers' market.
C.
Conditional uses. The following uses may be permitted when approved by the Board of Supervisors as a conditional use in accordance with Article XXI of the Zoning Ordinance:
(1)
Planned commercial development consisting of any combination of two or more principal uses permitted by right in § 200-55A on a single lot or tract, and including shopping center, live-work units, commercial or office uses with apartment dwellings, but excluding mobile home park. Planned commercial development shall be subject to the special provisions of § 200-58, in addition to all other applicable standards and regulations contained in the Zoning Ordinance.
(2)
Planned commercial/institutional development in accordance with the special provisions of § 200-46.1.
(3)
Auto service station, fuel-dispensing facility.
(4)
Car wash facility.
(6)
Convenience store.
(8)
Miniature golf courses; chip-and-putt course.
(9)
Outdoor commercial recreation facilities, including tennis courts,
skateboard parks, swimming pools, go-cart track, rock climbing and
similar operations.
(10)
Event space, provided that the maximum number of attendees for
any outdoor events may be set as a condition of approval, based on
the size, configuration, or other limitations of the property or other
property-specific concerns related to noise, traffic, or other matters
affecting public health, safety, and welfare.
All uses permitted in this district shall comply with the following
requirements:
A.
Area and bulk regulations for any single principal use, not part
of a planned commercial development.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width at street line: 100 feet.
(3)
Minimum lot width at building line: 150 feet.
(5)
Minimum side yard (each): 20 feet, except where abutting a district
boundary.
(6)
Minimum side yard (each) where abutting a district boundary: 40 feet.
(7)
Minimum rear yard: 40 feet.
(8)
Maximum lot coverage: 50%.
(9)
Maximum building height: 35 feet.
B.
Area and bulk regulations for planned commercial development.
(4)
Minimum setback from ultimate right-of-way of PA Route 322: 80 feet.
(5)
Minimum setback from ultimate right-of-way of any other public road:
50 feet.
(6)
Minimum building setbacks from outside curb or edge of cartway of
any internal roadway, provided that emergency access is not hindered:
10 feet.
(7)
Minimum setback from any adjacent property boundary (as existed prior
to subdivision of planned commercial development, if any): 30 feet.
(8)
Maximum impervious lot coverage: 60%.
(9)
Maximum building height for all uses: 35 feet.
The following design standards under Article XV of the Zoning Ordinance shall apply to all development and land uses, and no use under the General Commercial Overlay District shall be approved unless the applicant demonstrates compliance with the following requirements:
F.
The access and traffic control standards of § 200-104 shall apply. Access lanes shall be paved. In addition, the following requirements shall be met:
(1)
Vehicular access within the General Commercial Overlay District shall
be designed to limit the number of new access points to public roads
and to limit potential for turning movement conflict.
(2)
Direct access to arterial and collector streets and highways shall
be limited to no more than one point of ingress or egress for every
600 linear feet of roadway on any lot, tract, or parcel. Such points
of ingress or egress shall be separated by a minimum of 300 linear
feet.
(3)
Any parcel with frontage on more than one arterial or collector street
or highway may provide for access to each of such streets or highways.
Access to adjoining parcels with frontage along arterial and collector
streets and highways shall be combined so as to limit potential turning
movement and pedestrian movement conflicts, unless determined by the
Board of Supervisors to be an unreasonable requirement.
In addition to the design standards of § 200-57, as applicable, the following provisions shall apply to planned commercial development, where approved by the Board of Supervisors as a conditional use:
A.
As part of the conditional use application prepared in accordance with § 200-174 of the Zoning Ordinance, the applicant shall submit a plan for the overall design and improvement of the planned development which links access, buildings, structures, and open areas in a comprehensive manner. The development plan shall also identify specific ownership and maintenance responsibilities of the lot or tract, including buildings, structures, access, and parking areas, landscaped open space, and other improvements.
B.
Any conditional use application for planned commercial development
shall be accompanied by submission of architectural drawings and/or
plans of sufficient detail to illustrate the character of the intended
exterior design of all structures, including:
C.
A plan shall be provided at the time of conditional use application, which shall demonstrate compliance with the screening and buffering requirements of § 200-108 of the Zoning Ordinance.
D.
Conditional use approval shall be contingent upon agreement by the
applicant or applicants that the tract shall be developed under single
direction in accordance with the terms of approval granted by the
Board of Supervisors.
E.
The following uses shall only be permitted as accessory to any planned
office or planned commercial development: child day-care facility;
restaurant for use by employees or guests of the principal use; and
recreational uses designed for use for employees of the principal
use.
F.
The combined uses, buildings, structures and other improvements shall comply with the bulk regulations under § 200-56B above.
G.
Curbs and sidewalks shall be provided along all public rights-of-way.
Sidewalks abutting a public right-of-way shall be coordinated with
the internal pedestrian circulation system which allows for safe and
convenient movement of pedestrians. Sidewalk and trail improvements
shall reflect their continuation through any adjoining neighborhood,
tract, or parcel.
H.
Parking needs shall be independently calculated for each use in accordance with Article XV of the Zoning Ordinance. Parking facilities may be designed as a common parking lot, provided that the required number of parking spaces are provided for each use. As a condition of approval, the Board of Supervisors may reduce collective parking requirements, provided that the applicant demonstrates to the satisfaction of the Board that the intended uses and parking lot design promote shared parking.
I.
No parking or loading facilities, excluding sidewalks and paths,
and necessary access ways to a public street, shall be located closer
than 25 feet from any lot line, and less than 10 feet from any street
line.
J.
To the extent that parking areas are visible from public streets,
visual impacts shall be mitigated through introduction of landscape
screening, architectural block walls, landscaping combined with pedestrian
paving materials, or other design means acceptable to the Township.
K.
Where any individual commercial building facade is visible from any
public right-of-way and exceeds 40 feet in length, there shall be
both a clear dimensional differentiation of roofline, and an offset
in facade of at least five feet to create effective facades that are
no longer than 40 feet. Street trees with tree wells, or other streetscape
and pedestrian amenities, shall be used to balance facade offsets.
The Township may allow a commercial building with a facade longer
than 40 feet if the proposed design emulates characteristic historical
building forms such as barns, stables, churches, meeting houses, or
other public buildings. Building arrangements which rely on repeated
use of the same long facade element shall not be approved. Where an
individual commercial building facade exceeds 40 feet in length, the
building design or use layout shall limit the length of the streetscape
frontage occupied by any one use to the greatest extent practicable
by providing for inviting, interior accessory or independent business
uses with the streetscape-fronting portion of the building (e.g.,
the cafe and/or floral operations within a grocery store, or a small,
independent service or retail use). In all cases, blank walls, facades,
and windows shall be kept to a minimum.
M.
The application shall be accompanied by a working plan for the cleanup
and disposal of litter, and trash receptacles shall be provided outside
any establishment with take-out service or convenience shopping.
N.
Establishments storing outdoor shopping carts or having other outdoor storage shall provide defined areas on the site for storage which shall be clearly marked and defined for storage. Other than shopping carts, no permanent storage of merchandise, articles or equipment shall be permitted outside a building, unless screened in accordance with § 200-108.
