[Added 7-12-1993 by Ord. No. 197; amended 3-11-1996 by Ord. No. 232; 9-18-2006 by Ord. No. 340]
In expansion of the community development objectives contained in § 145-3 of this Code and in support of the goals and implementation techniques of Chapter IX of the 1987 Comprehensive Plan update, it is hereby declared to be the intent of the VC Village Commercial District to establish reasonable standards to permit and regulate limited commercial, office and residential uses within the Village Commercial District. Furthermore, it is the intent of this article:
A.
To encourage retention of the village atmosphere of
Elroy by preserving the existing buildings to the greatest extent
possible.
B.
To encourage retention of existing buildings by permitting
a variety of commercial, office and residential uses which are compatible
with the existing structural types, lot sizes and other physical characteristics
of the Village Commercial District.
C.
To permit uses which allow conversion of existing
buildings in a manner which maintains the visual character and architectural
scale of existing development within the district.
D.
To encourage those types of commercial and office
uses which do not attract large volumes of traffic and continuous
customer turnover.
E.
To discourage development of strip-type, highway-oriented
commercial uses with incongruous architectural styles, excessive paved
areas and numerous curb cuts.
F.
To encourage consolidation of driveways, parking and
curb cuts to provide more efficient and economical access and parking.
G.
To encourage a coordinated pedestrian path system
to provide efficient, pleasant and convenient pedestrian access from
parking areas to and among the various permitted uses.
H.
To minimize visual and functional conflicts between
residential and nonresidential uses within and abutting the district.
I.
To discourage overdevelopment of lots by limiting
the maximum permitted development and the maximum impervious coverage.
In a VC Village Conservation District, the following
regulations shall apply.
A building may be erected, altered and used,
and a lot may be used and occupied, for any one of the following purposes
and no other.
A.
Agriculture.
B.
Open space.
C.
Municipal use.
D.
One single-family detached dwelling.
E.
One two-family detached dwelling, being either a two-family
duplex or a single-family semidetached dwelling.
F.
Apartments within an existing structure.
G.
One business office.
H.
One professional office.
I.
Retail shop of a maximum of 5,000 square feet.
J.
Personal service shop.
K.
Studio dealing in art, music, dance and photography.
L.
Bed-and-breakfast.
M.
Restaurant without drive-through facilities.
N.
Confectionery and/or bakery making product for retail
sale on the premises.
A.
Uses similar to those listed in § 145-91.
A building may be erected, altered or used,
and a lot may be used and occupied, as a conditional use, for any
one of the following purposes and no other.
A.
Commercial/residential mixed use development.
A.
Lot area. A lot area of not less than 17,500 square
feet shall be provided for every use or building erected thereon.
B.
Lot width. A lot width of not less than 75 feet shall
be provided at the building setback line for every use or building
erected thereon.
C.
Front yard. There shall be a front yard on every lot
which shall be not less than 10 feet in depth and not more than 25
feet.
D.
Side yards. There shall be two side yards on every
lot, each of which shall be not less than 10 feet in width, with a
combined width requirement of not less than 30 feet.
E.
Rear yards. There shall be a rear yard on every lot
which shall not be less than 20 feet in depth.
F.
Corner lots. There shall be a front yard on every
street frontage and all remaining yards shall be rear yards.
G.
Accessory structures. Accessory structures shall be
subject to the dimensional restrictions cited herein above.
H.
Building coverage. The maximum building coverage on
a lot shall be 30%.
I.
Impervious coverage. The maximum impervious coverage
on a lot shall be 70%.
J.
Height restrictions. The maximum height for buildings
or structures erected or enlarged in the VC District shall be 40 feet,
not exceeding three stories.
[Amended 4-12-2010 by Ord. No. 367]
The dimensional regulations cited herein above in § 145-195 shall apply as minimums for conditional uses; however, the Board of Supervisors shall have the option of increasing the restriction by up to 100% as a part of the conditional use process.
A.
Public water and public sewerage.
E.
Floodplain regulations: in accordance with Article
XVIII.
F.
Natural resource regulations: in accordance with Article XXVI.
[Amended 11-19-2018 by Ord. No. 400]
I.
Detention basin regulations: in accordance with the
Land Development and Subdivision Ordinance.
A.
Additional standards for conditional uses. In granting
or denying a conditional use or establishing conditions with respect
to such grants, the following standards shall be applied. The burden
of establishing compliance with all of the hereinafter enumerated
standards shall be upon the applicant.
B.
Development regulations for mixed use development.
(1)
The dimensional regulations for a by-right use as stated in § 145-195 shall apply subject to amendment as provided for in the review and approval process below.
(2)
In a mixed use development, the ground floor of a
building may contain one or more retail shops of up to 5,000 square
feet, one or more business offices, one or more professional offices
or any combination of the above. All floors may contain dwelling units.
All first floor nonresidential uses shall front on existing roads.
(3)
Review and approval process. The conditional use application
procedure for a mixed use under these regulations shall include a
draft plan. Failure to include such draft plan shall render the conditional
use application incomplete, and it shall be rejected as such. The
Township Board of Supervisors and/or its assignees may offer mandatory
guidance on revision of such plan and/or modify the requirements of
this section if, in its opinion, such guidance and/or modification
would result in an improved plan.
(4)
Specific conditions for properties which contain buildings
that existed at the time of the passing of this article.
(a)
The proposed use will preserve, utilize and
maintain an existing building that is consistent with the village
character for its purposes. If an existing building is demolished,
then no conditional use will be permitted at any time.
(b)
The proposed use must preserve and maintain
the front and side facades and the front porch of the existing building.
Any expansion done from the rear of the building must conform in scale
to the existing building. Any expansion done from the side of the
building must conform in scale and building materials to the existing
building. Expansion from the front of the building is not permitted.
(5)
Specific conditions for properties which do not contain
buildings that existed at the time of the passing of this article.
(a)
Any new buildings shall be of such size, scale,
general appearance and building materials so as to conform to the
general nature of surrounding buildings and not detract from the intent
of this Code to preserve the village conservation appearance.
(b)
A conditional use for a new building will not
be permitted for buildings erected on lots which are formed by combining
an existing empty lot with a lot upon which an existing building has
been demolished.
A.
Off-street parking and loading regulations. The requirements of Article XIX shall apply. In addition, all parking areas including parking and loading spaces, areas and driveways serving the spaces shall be to the side or rear of the building, but shall not project into the minimum required front yard setback except for a driveway used for ingress and/or egress. All parking areas shall be set back from the property line a minimum of five feet unless common parking facilities are approved at the sole discretion of the Board of Supervisors. Parking areas adjacent to a residentially zoned property must be set back a minimum of 20 feet.
[Amended 1-20-2020 by Ord. No. 409]
B.
Additional provisions.
(1)
Utilities. All utility services shall be installed
underground. Public sewer and public water shall be provided.
(2)
Lighting. The source of illumination shall be shielded
so as not to be visible from beyond the property lines of the lot.
Measurable illumination shall not spill beyond the property lines.
Lighting shall not exceed 14 feet in height.
(3)
Trash. Fully screened trash facilities shall be provided
in the rear yard a minimum of five feet from all property lines.
(4)
Loading. Distinct loading, unloading and service areas
shall be provided which shall not conflict with pedestrian and vehicular
circulation, nor interfere with any parking spaces.
(5)
Density. The maximum permitted density of residential
units in a mixed use development shall not exceed six dwelling units
per developable acre.
