The purpose of the CC Corridor Commercial District is to allow for a variety of commercial uses to serve the residents of Chalfont and adjoining communities and protect the traffic efficiency and integrity of the Butler Avenue corridor and to create conditions conducive to carrying out the broad purposes of this chapter as set forth in § 440-2, Purposes.
§ 440-82 Applicability.
In the CC Commercial District, the regulations contained in this article shall apply.
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations:
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations, and the procedures set forth in § 440-148, Conditional uses:
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations, and the procedures set forth in § 440-147, regarding special exceptions:
H5 Nonresidential Accessory Building or Structure.
§ 440-86 Area and dimensional regulations.
The following establishes the area and dimensional requirements for the CC Corridor Commercial District, except where greater or lesser requirements are established in Article IV, § 440-15, in which case the requirements of § 440-15 shall apply:
In addition to the requirements of this article, a development proposed in this district shall comply with applicable regulations contained in Article IV, Use Regulations, and Article V, Performance Standards. All utilities, including electric, telephone, cable television and similar type installations, shall be placed underground.
The Borough Council of the Borough of Chalfont desires to establish a gateway district at the northernmost portion of Butler Avenue for the following purposes:
To provide for a mix of commercial and business uses that will share infrastructure, thereby reducing congestion while promoting efficient traffic flow and increased pedestrian access.
In order for an applicant to qualify to utilize the provisions of this section, a minimum of six of the contiguous above-referenced properties shall be included within the proposed development.
In order for an applicant to qualify to utilize the provisions of this section and to ensure a mix of uses, and pursuant to the purposes of the overlay district, an applicant shall be required to provide and maintain a minimum of four permitted and/or conditional uses within any proposed development. Applicants meeting the requirements of the mixed-use development option shall not be required to meet this section.
[Amended 5-14-2013 by Ord. No. 405; 11-8-2016 by Ord. No. 427]
Area and dimensional regulations. Uses within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this section.
In order to encourage a village feel in accordance with the purposes of the overlay district, the existing legal right-of-way shall be utilized for all setback requirements, in lieu of the ultimate right-of-way, along Butler Avenue (SR 0202), Bristol Road (SR 2025) and Moyer Road. The proposed PennDOT right-of-way shall be utilized for the net buildable site area and the total lot area as applicable for the calculation of impervious surface and floor area ratio in Subsection F(1)(a)[6] and [7] below.
[Amended 5-14-2013 by Ord. No. 405; 6-11-2013 by Ord. No. 406]
Parking. All parking areas within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable sections of this chapter and Chapter 370, Subdivision and Land Development, unless otherwise identified within this section.
All areas of a proposed Butler Avenue Gateway Commercial Overlay District development shall be provided with an interconnected parking area that provides for access to all portions of the proposed development and all uses provided.
The number of parking spaces required in a common parking facility by this chapter may be reduced below that total by the Borough Council if it can be demonstrated to the Borough Council via a prepared traffic engineering study that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facilities. This reduction for shared parking shall be subject to the recommendation of the Borough Engineer.
Due to the required mixing of uses, reserved parking up to 25% of that required herein may be permitted in order to create additional open space. Reserved parking shall be designed and engineered but need not be constructed unless directed by the Borough Council. This parking reduction is permitted upon the recommendation of the Borough Engineer and must be approved by the Borough Council with the execution and recordation of a reserved parking agreement in a form acceptable to the Borough. The reserved parking agreement shall include that, after 18 months following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined by the Borough Council that the required number of parking spaces are necessary to satisfy the need for the particular land development. This agreement shall apply to any future owners of the property. All stormwater controls shall be designed and sized for the total parking load as if constructed.
In order to reduce impervious area and increase green space within the Butler Avenue Gateway Commercial Overlay District, parking stall size may be provided at nine feet by 18 feet, provided that wheel stops and/or curbing are provided at all parking areas utilizing this dimensional criteria. All parking stalls not provided with wheel stops and/or curbing shall be 10 feet by 20 feet.
The minimum curbline radius may be provided at five feet for all areas associated with vehicular parking and vehicular access to parking. All other areas may be permitted to be a minimum of three feet in radius.
Loading spaces may be provided at 10 feet by 18 feet and may be shared by uses within 100 feet of each other. The location of the required loading space shall be approved by the Borough Council for the uses provided.
Aisles serving parking areas shall be constructed in accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Drive-through use requirements. Drive-through uses within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of § 440-15H(13), H13 drive-through, unless otherwise identified within this section.
A drive-through use shall be permitted as an accessory use to the E3 and E5 uses and shall be permitted by conditional use when accessory to the E1 use.
[Amended 6-11-2013 by Ord. No. 406; 11-8-2016 by Ord. No. 427]
Drive-through facilities and the associated stacking lanes shall be designed, when available, not to impede or impair vehicular and pedestrian movement and not to cross or pass through off-street parking areas or pedestrian access. Where conflicts are identified, the applicant shall provide adequate signage, raised walkways and/or appropriate pavement striping to clearly delineate the areas of conflict. All drive-through protection areas shall be reviewed by the Borough Engineer and approved by the Borough Council.
Access may be taken from adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50% of the length of the side of either lot.
Neighboring Residential Zoning Districts. Against neighboring residential zoning districts, all landscaping and other required buffering shall be provided in strict accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Nonresidential Zoning Districts. Against nonresidential zoning districts, a "Class A" buffer yard shall be provided; however, said buffer yard shall be comprised of "Class B" plantings.
All other landscaping requirements and performance standards shall be in accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Stormwater management. All stormwater management controls and conveyance systems shall be provided in strict accordance with applicable sections of this chapter and Chapter 353, Stormwater Management.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All roadways and/or accessways within the interior of the Butler Avenue Gateway Commercial Overlay District shall be provided with sidewalks on both sides.
All sidewalks and pedestrian access areas shall be constructed in strict accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Site lighting shall be provided and installed in strict accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Ground signs serving the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of Ordinance No. 377A, unless otherwise identified within this section.[1]
All signs within a coordinated development shall be designed so that the proposed signage shall be of the same size, shape, general design, color, and material so as to create uniformity among the series of signs.
In order to reduce the number of signs where multiple uses occur within a coordinated development, whether single- or multiple-occupancy structures, the allowable square footages for all uses within a coordinated development shall be permitted to be "pooled" and/or added together. In addition, for calculation purposes, a double-faced sign (e.g., ground sign) shall count as a single sign. The applicant shall provide a complete sign package for review and approval by the Borough prior to the issuance of a sign permit.
Architectural development guidelines. In order to ensure that all design elements within the Butler Avenue Gateway Commercial Overlay District will be uniform, the applicant shall provide the following:
Architectural drawings indicating concepts for facades, roof design and materials for buildings shall be provided by the applicant and approved by the Borough Council prior to final land development approval. These structures shall maintain a village character.
The applicant shall incorporate complementary standards for all streetscape elements, including lighting, sidewalk design, street furniture/benches and street signs, etc., and for all accessory structures, including trash enclosures and screening for mechanical equipment.
Traffic impact study. A traffic impact study shall be provided and approved by the Borough Engineer in accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Utilities. All new proposed utilities serving all uses within the Butler Avenue Gateway Commercial Overlay District shall be placed underground and shall be public utilities.
Roadway improvements. All roadway improvements shall be reviewed and approved by the Borough Engineer and shall be in accordance with Pennsylvania Department of Transportation requirements along all state highways and in accordance with the Borough of Chalfont requirements for all Borough streets.
The applicant shall replace the existing storm sewer from Hibiscus Drive to East Butler Avenue (formally State Route 202) with a properly sized pipe in accordance with the requirements of the Borough and as approved by the Borough Engineer.[2]
The applicant shall construct the public improvements at the corner of Moyer Road and East Butler Avenue (formally State Route 202) as substantially indicated within the land development plan for the subject tract approved in July 2009. These public improvements shall be subject to PennDOT approval and the approval of the adjoining property owners. It shall be the applicant's responsibility to obtain all approvals. In the event that PennDOT does not permit the improvements at the location(s) indicated on the land development plan for the subject tract approved in July 2009, the applicant shall pay a fee in lieu of to the Borough of Chalfont. These improvements and any fee in lieu of shall be separate and apart from any other improvements associated with the proposed development.
The applicant shall install a sidewalk, meeting the Borough's requirements, between the proposed development and the Chal-Brit Beer Distributor Property (TMP No. 07-012-003-001), as indicated on the land development plan for the subject tract approved in July 2009.
The applicant shall agree to construct the proposed development, including buildings, buffering, sidewalks, knee walls, etc., in substantial compliance with the architectural renderings approved by the Borough Council pursuant to § 440-88N, Architectural development guidelines.
Mixed-use development option. Applicants proposing the Mixed-use development option shall meet all requirements of the Butler Avenue Gateway Commercial Overlay District unless amended by the following:
Area and dimensional requirements. Uses within the mixed-use development option shall comply with the applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this section.
Building height. The maximum building height shall be 35 feet and shall be measured from the average grade plane elevation to the average height of the highest roof surface.
A minimum of three off-street parking spaces shall be provided for each dwelling unit and seven visitor parking spaces shall be provided for every 12 dwelling units.
Single-use development option. Applicants proposing the single-use development option shall meet all requirements of the Butler Avenue Gateway Commercial Overlay District unless amended by the following:
Area and dimensional requirements. Use within the single-use development option shall comply with the applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this subsection.
Building height. The maximum building height shall be 35 feet and shall be measured from the average grade plan elevation to the average height of the highest roof surface.
Parking. A minimum of three off-street parking spaces shall be provided for each dwelling unit, and seven visitor parking spaces shall be provided for every 12 dwelling units.
The purpose of the CC Corridor Commercial District is to allow for a variety of commercial uses to serve the residents of Chalfont and adjoining communities and protect the traffic efficiency and integrity of the Butler Avenue corridor and to create conditions conducive to carrying out the broad purposes of this chapter as set forth in § 440-2, Purposes.
§ 440-82 Applicability.
In the CC Commercial District, the regulations contained in this article shall apply.
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations:
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations, and the procedures set forth in § 440-148, Conditional uses:
A building may be erected or used and a lot may be used or occupied for any of the following uses and no other in accordance with Article IV, Use Regulations, and the procedures set forth in § 440-147, regarding special exceptions:
H5 Nonresidential Accessory Building or Structure.
§ 440-86 Area and dimensional regulations.
The following establishes the area and dimensional requirements for the CC Corridor Commercial District, except where greater or lesser requirements are established in Article IV, § 440-15, in which case the requirements of § 440-15 shall apply:
In addition to the requirements of this article, a development proposed in this district shall comply with applicable regulations contained in Article IV, Use Regulations, and Article V, Performance Standards. All utilities, including electric, telephone, cable television and similar type installations, shall be placed underground.
The Borough Council of the Borough of Chalfont desires to establish a gateway district at the northernmost portion of Butler Avenue for the following purposes:
To provide for a mix of commercial and business uses that will share infrastructure, thereby reducing congestion while promoting efficient traffic flow and increased pedestrian access.
In order for an applicant to qualify to utilize the provisions of this section, a minimum of six of the contiguous above-referenced properties shall be included within the proposed development.
In order for an applicant to qualify to utilize the provisions of this section and to ensure a mix of uses, and pursuant to the purposes of the overlay district, an applicant shall be required to provide and maintain a minimum of four permitted and/or conditional uses within any proposed development. Applicants meeting the requirements of the mixed-use development option shall not be required to meet this section.
[Amended 5-14-2013 by Ord. No. 405; 11-8-2016 by Ord. No. 427]
Area and dimensional regulations. Uses within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this section.
In order to encourage a village feel in accordance with the purposes of the overlay district, the existing legal right-of-way shall be utilized for all setback requirements, in lieu of the ultimate right-of-way, along Butler Avenue (SR 0202), Bristol Road (SR 2025) and Moyer Road. The proposed PennDOT right-of-way shall be utilized for the net buildable site area and the total lot area as applicable for the calculation of impervious surface and floor area ratio in Subsection F(1)(a)[6] and [7] below.
[Amended 5-14-2013 by Ord. No. 405; 6-11-2013 by Ord. No. 406]
Parking. All parking areas within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable sections of this chapter and Chapter 370, Subdivision and Land Development, unless otherwise identified within this section.
All areas of a proposed Butler Avenue Gateway Commercial Overlay District development shall be provided with an interconnected parking area that provides for access to all portions of the proposed development and all uses provided.
The number of parking spaces required in a common parking facility by this chapter may be reduced below that total by the Borough Council if it can be demonstrated to the Borough Council via a prepared traffic engineering study that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facilities. This reduction for shared parking shall be subject to the recommendation of the Borough Engineer.
Due to the required mixing of uses, reserved parking up to 25% of that required herein may be permitted in order to create additional open space. Reserved parking shall be designed and engineered but need not be constructed unless directed by the Borough Council. This parking reduction is permitted upon the recommendation of the Borough Engineer and must be approved by the Borough Council with the execution and recordation of a reserved parking agreement in a form acceptable to the Borough. The reserved parking agreement shall include that, after 18 months following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined by the Borough Council that the required number of parking spaces are necessary to satisfy the need for the particular land development. This agreement shall apply to any future owners of the property. All stormwater controls shall be designed and sized for the total parking load as if constructed.
In order to reduce impervious area and increase green space within the Butler Avenue Gateway Commercial Overlay District, parking stall size may be provided at nine feet by 18 feet, provided that wheel stops and/or curbing are provided at all parking areas utilizing this dimensional criteria. All parking stalls not provided with wheel stops and/or curbing shall be 10 feet by 20 feet.
The minimum curbline radius may be provided at five feet for all areas associated with vehicular parking and vehicular access to parking. All other areas may be permitted to be a minimum of three feet in radius.
Loading spaces may be provided at 10 feet by 18 feet and may be shared by uses within 100 feet of each other. The location of the required loading space shall be approved by the Borough Council for the uses provided.
Aisles serving parking areas shall be constructed in accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Drive-through use requirements. Drive-through uses within the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of § 440-15H(13), H13 drive-through, unless otherwise identified within this section.
A drive-through use shall be permitted as an accessory use to the E3 and E5 uses and shall be permitted by conditional use when accessory to the E1 use.
[Amended 6-11-2013 by Ord. No. 406; 11-8-2016 by Ord. No. 427]
Drive-through facilities and the associated stacking lanes shall be designed, when available, not to impede or impair vehicular and pedestrian movement and not to cross or pass through off-street parking areas or pedestrian access. Where conflicts are identified, the applicant shall provide adequate signage, raised walkways and/or appropriate pavement striping to clearly delineate the areas of conflict. All drive-through protection areas shall be reviewed by the Borough Engineer and approved by the Borough Council.
Access may be taken from adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50% of the length of the side of either lot.
Neighboring Residential Zoning Districts. Against neighboring residential zoning districts, all landscaping and other required buffering shall be provided in strict accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Nonresidential Zoning Districts. Against nonresidential zoning districts, a "Class A" buffer yard shall be provided; however, said buffer yard shall be comprised of "Class B" plantings.
All other landscaping requirements and performance standards shall be in accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Stormwater management. All stormwater management controls and conveyance systems shall be provided in strict accordance with applicable sections of this chapter and Chapter 353, Stormwater Management.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All roadways and/or accessways within the interior of the Butler Avenue Gateway Commercial Overlay District shall be provided with sidewalks on both sides.
All sidewalks and pedestrian access areas shall be constructed in strict accordance with applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Site lighting shall be provided and installed in strict accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Ground signs serving the Butler Avenue Gateway Commercial Overlay District shall comply with applicable regulations of Ordinance No. 377A, unless otherwise identified within this section.[1]
All signs within a coordinated development shall be designed so that the proposed signage shall be of the same size, shape, general design, color, and material so as to create uniformity among the series of signs.
In order to reduce the number of signs where multiple uses occur within a coordinated development, whether single- or multiple-occupancy structures, the allowable square footages for all uses within a coordinated development shall be permitted to be "pooled" and/or added together. In addition, for calculation purposes, a double-faced sign (e.g., ground sign) shall count as a single sign. The applicant shall provide a complete sign package for review and approval by the Borough prior to the issuance of a sign permit.
Architectural development guidelines. In order to ensure that all design elements within the Butler Avenue Gateway Commercial Overlay District will be uniform, the applicant shall provide the following:
Architectural drawings indicating concepts for facades, roof design and materials for buildings shall be provided by the applicant and approved by the Borough Council prior to final land development approval. These structures shall maintain a village character.
The applicant shall incorporate complementary standards for all streetscape elements, including lighting, sidewalk design, street furniture/benches and street signs, etc., and for all accessory structures, including trash enclosures and screening for mechanical equipment.
Traffic impact study. A traffic impact study shall be provided and approved by the Borough Engineer in accordance with the applicable sections of this chapter and Chapter 370, Subdivision and Land Development.
Utilities. All new proposed utilities serving all uses within the Butler Avenue Gateway Commercial Overlay District shall be placed underground and shall be public utilities.
Roadway improvements. All roadway improvements shall be reviewed and approved by the Borough Engineer and shall be in accordance with Pennsylvania Department of Transportation requirements along all state highways and in accordance with the Borough of Chalfont requirements for all Borough streets.
The applicant shall replace the existing storm sewer from Hibiscus Drive to East Butler Avenue (formally State Route 202) with a properly sized pipe in accordance with the requirements of the Borough and as approved by the Borough Engineer.[2]
The applicant shall construct the public improvements at the corner of Moyer Road and East Butler Avenue (formally State Route 202) as substantially indicated within the land development plan for the subject tract approved in July 2009. These public improvements shall be subject to PennDOT approval and the approval of the adjoining property owners. It shall be the applicant's responsibility to obtain all approvals. In the event that PennDOT does not permit the improvements at the location(s) indicated on the land development plan for the subject tract approved in July 2009, the applicant shall pay a fee in lieu of to the Borough of Chalfont. These improvements and any fee in lieu of shall be separate and apart from any other improvements associated with the proposed development.
The applicant shall install a sidewalk, meeting the Borough's requirements, between the proposed development and the Chal-Brit Beer Distributor Property (TMP No. 07-012-003-001), as indicated on the land development plan for the subject tract approved in July 2009.
The applicant shall agree to construct the proposed development, including buildings, buffering, sidewalks, knee walls, etc., in substantial compliance with the architectural renderings approved by the Borough Council pursuant to § 440-88N, Architectural development guidelines.
Mixed-use development option. Applicants proposing the Mixed-use development option shall meet all requirements of the Butler Avenue Gateway Commercial Overlay District unless amended by the following:
Area and dimensional requirements. Uses within the mixed-use development option shall comply with the applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this section.
Building height. The maximum building height shall be 35 feet and shall be measured from the average grade plane elevation to the average height of the highest roof surface.
A minimum of three off-street parking spaces shall be provided for each dwelling unit and seven visitor parking spaces shall be provided for every 12 dwelling units.
Single-use development option. Applicants proposing the single-use development option shall meet all requirements of the Butler Avenue Gateway Commercial Overlay District unless amended by the following:
Area and dimensional requirements. Use within the single-use development option shall comply with the applicable regulations of Article IV, Use Regulations, and Article V, Performance Standards, unless otherwise identified within this subsection.
Building height. The maximum building height shall be 35 feet and shall be measured from the average grade plan elevation to the average height of the highest roof surface.
Parking. A minimum of three off-street parking spaces shall be provided for each dwelling unit, and seven visitor parking spaces shall be provided for every 12 dwelling units.