Concord Township City Zoning Code
ARTICLE XXXIV
RMO Route 202 Median Overlay District
§ 210-282 Purpose; legislative intent.
The Route 202 Median Overlay District is designed to provide additional opportunities for commercial development of properties located within the median of Wilmington-West Chester Pike (U.S. Route 202, S.R. 202) where Route 202 is physically divided by land and private property. The properties subject to the Route 202 Median Overlay District are uniquely affected because of their location between the northbound and southbound lanes of Wilmington-West Chester Pike, a principal arterial highway in the Township, and the impact that existing and required future rights-of-way for principal arterial highways, as applied through the Code of Concord Township and the Pennsylvania Department of Transportation's rules and regulations, have on the development potential of those properties. Provisions are made for allowance of billboards, off-premises signs, and certain convenience stores or mini markets between northbound and southbound lanes of Wilmington-West Chester Pike, consistent with the safety of the traveling public and the health and welfare of adjacent property owners.
§ 210-283 Use regulations.
A building may be erected or used, and a lot may be used or occupied, for any one or a combination of the following uses and no other, and subject to § 210-224, dealing with prohibited uses and performance standards, provided that the use and conversion of any existing dwelling shall comply with the provisions of § 210-225 of this chapter, and provided that the demolition of, or special exception or conditional use for, a historic resource shown on the Historic Resources Map, or any subdivision, land development or construction activity within 300 feet of a historic resource shall be subject to the provisions of Article XIXA, Historic Preservation, relating to historic preservation, and further provided that the use shall comply with the provisions of Article XX, Floodplain Conservation District.
B.
Accessory uses.
(1)
The accessory uses permitted in the underlying zoning district(s) applicable to the property shall be permitted as set forth in the underlying zoning district(s).
C.
Uses by special exception, when authorized by the Zoning Hearing Board.
(1)
The uses permitted by special exception in the underlying zoning district(s) applicable to the property shall be permitted by special exception.
D.
Conditional uses, subject to the provisions of Article XXVII of this chapter.
(1)
Convenience store or mini market of 4,000 square feet or more, including the sale of gasoline as an accessory use, provided:
(a)
Said use is designed for commercial goods and hours of operation which encourage short stops for specific items rather than extensive shopping trips;
(b)
The lot on which said use is established shall not be less than three acres in size unless an applicant can demonstrate that:
[1]
Its property has frontage on two principal arterial highways situated within the Township, which require a greater allocation of right-of-way than other street classifications in the Township;
[2]
The maximum total impervious coverage, maximum total building coverage, minimum structure setbacks and parking of the underlying zoning district(s) applicable to the property can be met; and
[3]
Safe and efficient access to the property can be provided, in which case the lot area may be reduced to not less than 1.25 acres in size; and
§ 210-284 Yard and area regulations.
§ 210-285 Special development regulations.
Special development regulations are as follows: The special requirements prescribed for the underlying zoning district(s) applicable to the property shall apply.
§ 210-286 Landscaping regulations.
Landscaping regulations are as follows: See Article XXI of this chapter. The requirements of the underlying zoning district(s) applicable to the property shall apply.
§ 210-287 Sign regulations.
A.
Sign regulations shall be controlled by Article XXIII of this chapter, except for billboards and off-premises signs, which shall be controlled by the following:
(1)
Billboards and off-premises signs shall not be permitted except within the Route 202 Median Overlay District in areas only between the northbound and southbound lanes of Wilmington-West Chester Pike and shall meet the following criteria and be required to adhere to the following regulations:
(a)
Only one billboard or off-premises sign may be erected, constructed or maintained on any premises.
(b)
All billboards or off-premises signs shall be demonstrated to be oriented toward the road upon which the billboard or off-premises sign fronts or faces to cause the least impact upon neighboring properties.
(c)
Billboards or off-premises signs shall be constructed in accordance with all applicable Township codes and regulations.
(d)
The sign face of a billboard or off-premises sign shall not exceed 12 feet in height and 42 feet in length.
(e)
Billboards or off-premises signs shall have a maximum sign face area of 490 square feet.
(f)
The maximum height of the highest point of a billboard or off-premises sign, or any part thereof, including its support structure, shall not exceed 42 feet, as measured from the grade of the road surface to which the sign is intended to be viewed immediately adjacent to the base of the sign.
(g)
The bottom edge of any billboard or off-premises sign face may not be located higher than 20 feet above the final grade of the road surface from which the sign is intended to be viewed.
(h)
Billboards or off-premises signs may have two sign faces if both faces would be readily viewable to traffic traveling in multiple directions.
(i)
No billboard or off-premises sign may be closer than 1,250 feet to any other billboard or off-premises sign on either the same or opposite side of the street, as measured between the closest points of each sign, including its supporting structure. This includes billboards and off-premises signs located in other townships and municipalities.
(j)
No billboard or off-premises sign shall be located within 250 feet of the center of any intersection of two or more streets, as measured horizontally from the nearest edge of the sign face to the center of the intersection.
(k)
No billboard or off-premises sign shall be located within 200 linear feet of any residential zoning district, as measured horizontally in all directions from the nearest edge of the sign face. This includes residential zoning districts located in other townships and municipalities.
(l)
The nearest part of a billboard or off-premises sign that is closest to the edge of the right-of-way to which the billboard or off-premises sign is intended to be viewed from shall be no further than 20 feet from the ultimate right-of-way.
(m)
A billboard or off-premises sign face shall be independently supported and have vertical supports of metal, which are galvanized or otherwise treated to prevent rust and corrosion.
(n)
A billboard or off-premises sign structure shall be capable of withstanding a minimum wind load of 100 miles per hour or the wind load standard as set forth in the ICC Building Code as currently adopted, whichever is greater.
(o)
The entire base of a billboard or off-premises sign structure shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of five feet placed in such a manner as to screen the foundation of the structure. A landscaping plan shall be submitted for review by the Township landscaping consultant and approval by the Code Enforcement Officer as part of the billboard or off-premises sign permit application. The owner shall maintain said landscaping in an attractive and healthy manner in accordance with accepted conservation practices. Landscaping shall form a base and backdrop to a monopole billboard or off-premises sign when practical.
(p)
No bare cuts are permitted on a hillside, and all cuts or fills are to be permanently seeded or planted.
(q)
External illumination of any billboard or off-premises sign face shall be shielded to prevent the light source from being seen from any direction.
(r)
No illumination of any billboard or off-premises sign shall occur between 11:00 p.m. and 6:00 a.m.
(s)
Billboards or off-premises signs are an additional principal use that is permitted regardless of whether there is an existing principal use on the same lot.
(2)
Automatic changeable copy sign face display.
(a)
Automatic changeable copy sign is a sign face type whose content may be changed by electronic process through the use of intermittent light(s), including light-emitting diodes (LED), liquid crystal display, and plasma image display. Sign faces whose copy changes through the physical movement of mechanical parts shall not be permitted.
(b)
Automatic changeable copy signs shall not change sign face display or copy more frequently than once every six seconds.
(c)
The automatic changeable copy sign face display shall not fade, twinkle, scroll, dissolve, increase in intensity or include moving pictures or animation.
(d)
The change of any automatic changeable copy sign face display shall occur uniformly across the face of the sign and shall occur in one second or less.
(e)
Flashing, sudden bursts of light, animation, noise, streaming video, text or copy movement is prohibited.
(f)
An automatic changeable copy sign face display shall have a maximum nits level of 7,500 nits, provided that the brightness of the sign face shall not exceed 0.3 footcandle of light above the normal ambient light levels. The sign luminance shall be determined by a footcandle metering device held at a height of five feet and aimed toward the sign face from a distance of 250 feet from a location perpendicular to the sign face center as a white screen as seen in plain view. Automatic changeable copy sign faces shall utilize ambient light sensors to automatically reduce the intensity of the LED illumination during periods of darkness.
(g)
Billboards or off-premises sign structures supporting automatic changeable copy sign faces are only permitted where they are the only principal use on the lot.
(h)
Billboards or off-premises sign structures supporting automatic changeable copy sign faces shall only be constructed on lots having a minimum size of 1/2 acre.
(i)
Billboards or off-premises sign structures supporting automatic changeable copy sign faces shall only be constructed on lots having a minimum street frontage of 550 linear feet along the roadway from which the sign is intended to be visible.
(j)
Billboards or off-premise signs that support automatic changeable copy sign faces shall not be located within 500 feet of any residential zoning district. This includes residential zoning districts located in other adjacent municipalities.
(k)
No internal illumination or lighting of any changeable copy sign face shall occur between 11:00 p.m. and 6:00 a.m.
(3)
Installation and maintenance of billboards and off-premises signs.
(a)
A permit application for a billboard or off-premises sign shall be accompanied by a site plan addressing all of the applicable requirements as set forth in this chapter, as amended, pertaining to a billboard or off-premises sign.
(b)
An application for a billboard or off-premises sign shall be accompanied by certification, under seal and signature by a professional engineer registered in the Commonwealth of Pennsylvania, that the plan conforms with the applicable requirements of the Concord Township Zoning Code and that the existence of the off-premises sign or billboard, as proposed, shall meet all construction standards as set forth in the Township building codes.
(c)
No billboard or off-premises sign may be located on a roof of any building.
(d)
Any illumination of a billboard or off-premises sign shall not directly or indirectly spill over, encroach or trespass upon adjacent properties and roadways or the night sky.
(e)
Any billboard or off-premises sign structure shall be entirely repainted at a minimum of once every five years.
(f)
Every three years, the owner of any billboard or off-premises sign structure shall have a structural inspection made of the sign structure by a qualified Pennsylvania-registered structural engineer and shall provide the Township with a certificate from the engineer or architect certifying that the sign structure is structurally sound.
(g)
Annual inspections of a billboard or off-premises sign shall be conducted by the Township Code Enforcement Officer to determine compliance, and billboards or off-premises signs found to be in violation shall be brought into compliance within 30 days of notice.
(h)
Any abandoned billboard or off-premises sign must be removed within 30 days after notice. A billboard or off-premises sign is considered to be abandoned if no advertising copy has been displayed on the billboard for one year and the owner of the billboard has not expressed their written intent to the Township to continue to advertise on the billboard after nonusage of the billboard for one year; or the billboard structure or any part thereof has been removed by the operator without the intention to replace the billboard or off-premises sign. If the owner fails to remove an abandoned sign or any supporting structures within 30 days, the Township may remove the sign and/or supports at the owner's expense. A bond or escrow of $50,000 will be posted at the time the sign application is granted to insure that adequate funds are available for removal of the sign and restoration of the property.