Conshohocken City Zoning Code
PART 16
SP-3 - SPECIALLY PLANNED DISTRICT THREE
§ 27-1601 Declaration of Legislative Intent.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005; and by Ord. No. 08-2022, 4/20/2022]
In expansion of the declaration of legislative intent and statement of community development objectives contained in Part 1 of this chapter, the specific intent of this district is to:
A.
Provide for the orderly and planned development and redevelopment of a major business and heavy industrial area of the Borough.
B.
In addition, it is the purpose of this district to recognize the unique relationship of this district to the entrance to the Borough and to the bordering natural resources, including the river and views of the ridgelines beyond.
C.
It is the further purpose of this district to extend the character of development in the adjoining SP-1 and SP-2 districts while accommodating existing and future industrial, manufacturing, fabricating and processing activities as well as other appropriate commercial land uses.
D.
Provide performance standards, setback regulations and buffering requirements to minimize traffic congestion, noise, glare, pollution, and safety hazards, and in general to ensure compatibility between the type and scale of office and industrial development and that such development will cause minimal negative impacts on surrounding neighborhoods.
§ 27-1602 Permitted Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In an SP-3 District, a building may be erected, altered, or used, and a lot may be occupied for any of the following uses:
B.
The following uses shall not be permitted:
(1)
Abattoir.
(2)
Acetylene gas manufacture and/or storage.
(3)
Acid manufacture (hydrochloric, nitric, picric, sulfuric, sulphurous, carbolic).
(4)
Ammonia, bleaching powder or chlorine manufacture.
(5)
Ammunition manufacture and/or storage.
(6)
Arsenal.
(7)
Asphalt manufacture or refining.
(8)
Blast furnace.
(9)
Bone distillation.
(10)
Cellulose manufacture.
(11)
Cement, lime, gypsum, or plaster of Paris manufacture.
(12)
Coal distillation.
(13)
Creosote treatment or manufacture.
(14)
Coke ovens.
(15)
Dead animal and offal reduction.
(16)
Distillation of bones, coal, petroleum, refuse, grain, or wood.
(17)
Distillation of tar.
(18)
Dump, landfill or transfer station.
(19)
Explosives, fireworks, and gun powder manufacture or storage.
(20)
Fat rendering.
(21)
Fertilizer manufacture.
(22)
Forge plan.
(23)
Hog farm.
(24)
Incineration, reduction, storage, or dumping of slaughterhouse refuse, rancid fats, garbage, dead animal, or offal.
(25)
Oil cloth or linoleum manufacture.
(26)
Ore reduction.
(27)
Petroleum or kerosene refining, distillation, or derivation of by-products and/or storage.
(28)
Potash works.
(29)
Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron steel, brass, or copper, except as a necessary incident of manufacture of which these processes form a minor part, and which are carried on without objectionable noise outside the plant).
(30)
Residential use.
(31)
Rolling mill.
(32)
Steel furnace, blooming or rolling mill.
(33)
Stock yards.
(34)
Tar distillation or manufacture.
C.
Office Building.
D.
Hotel/motel and meeting room facilities when ancillary and subordinate to the hotel and motel.
E.
Public or private parking lots, excluding motor vehicle junkyards.
F.
Recreation, open space, river-oriented recreation and marina.
G.
Public terminal, train station, or taxi stand.
H.
Retail establishment.
I.
Municipal building or community facility.
J.
Bank or financial institution.
K.
Restaurant.
L.
Personal service shop.
M.
Movie theater.
N.
Fitness center, health club or racquet club.
O.
Any use of the same general character as any of the uses above permitted when authorized as a special exception.
P.
Accessory use on the same lot and customarily incidental to any of the above permitted uses, including but not limited to:
(1)
Storage within an enclosed building or fenced area, meeting the requirements of § 27-1606 herein.
(2)
Repair shop or maintenance facilities normally required for the conduct of industrial operations.
(3)
Cafeteria recreation, recreation facility or other service facility located within a permitted use and operated solely for the occupants of the building.[1]
[1]
Editor's Note: Former Subsection Q, regarding residential uses, which immediately followed this subsection, was repealed by Ord. No. 08-2022, 4/20/2022.
§ 27-1603 Conditional Uses.
§ 27-1604 Conditional Use Standards.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Adult Uses.
A.
No such adult uses shall be allowed within 1,000 feet of another adult use.
B.
No such adult use shall be located within 300 feet of any residential district.
C.
No such adult use shall be located within 750 feet of any preexisting school or place of worship, or park, playground or recreational facility.
D.
All adult uses shall conform to the off-street parking and loading and sign regulations of this Chapter.
E.
All adult uses shall conform to the dimensional regulations, additional development regulation, and the applicable requirements of the plan requirements sections of this Part.
F.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities of specified anatomical areas, from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
2.
Drive-in Restaurants.
A.
A minimum of eight cars stacking area shall be provided, including the space at the pick-up window. Such stacking area shall be exclusive of all driveways, drive aisles, sidewalks, access points and all public rights-of-way.
B.
The parking area and drive-thru window shall be located at the side or rear of the lot.
C.
The spaces for the stacking area shall not interfere with other parking spaces or internal circulation on the site.
3.
Car Wash Facility.
A.
A minimum of 16 cars stacking area shall be provided. Required stacking area shall be exclusive of all driveways, drive aisles, sidewalks, access points and all public rights-of-way.
B.
Wastewater from the car wash operations must be controlled on-site and not permitted to run off-site.
C.
All washing activities must be completely enclosed in a building.
D.
All detailing and accessory services must be performed on site and may not encroach on any right-of-way.
§ 27-1605 Dimensional Regulations for Industrial Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Yards:
A.
Front yard: 25 feet, to be measured from the ultimate right-of-way.
B.
Two side yards: 25 feet each, except where the property adjoins a different zoning district, then the setbacks shall be increased to 40 feet and shall be buffered pursuant to § 27-1606(4)(C).
C.
Rear yard: 25 feet, except where the property adjoins a different zoning district, then the setbacks shall be increased to 40 feet and shall be buffered pursuant to § 27-1606(4)(C).
2.
Maximum building coverage: 65% of lot area.
3.
Maximum impervious coverage: 85% of lot area.
4.
All buildings shall be setback 30 feet from the top of the bank of any waterway.
5.
Parking area setback: 15 feet from any property line or the top of the bank of any waterway.
6.
Access drive setback: five feet from any property line.
7.
Maximum building height: 45 feet.
§ 27-1606 Additional Development Regulations for Industrial Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Access. A planned system of efficient ingress, egress and internal circulation of traffic shall be required. Loading and unloading areas shall be provided to the rear of the proposed use, and arranged so that they may be used without blocking or interfering with the use of driveways or parking areas.
2.
Lighting. Lighting shall be arranged in a manner, which will protect adjacent streets and neighboring properties from direct glare.
3.
Service. Areas for refuse collection and recycling shall be provided. A plan for disposal of solid waste material shall be required. All solid waste material shall be stored in covered containers, no closer than 15 feet from any property line. Refuse collection areas shall be shielded from the direct view of any adjacent property by walls, which are six feet in height.
4.
Landscaping.
A.
Shade trees shall be provided along all public streets.
B.
The area within the front yard setback shall contain shade trees and ornamental plantings when the property adjoins or faces a residential use or district.
C.
A screen buffer of evergreens and/or an opaque fence, six feet in height, shall be required whenever a side yard or rear yard adjoins a residential use.
D.
The use of native plant materials and naturalistic design is encouraged.
5.
Fire and Explosive Hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
6.
Outdoor Storage. Outdoor storage is permitted pursuant to Part 8, General Regulations, § 27-817(H), of this Chapter.
7.
Waste Disposal. Industrial wastes shall not be stored, discharged, incinerated, or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
8.
Fire Detection and Suppression Devices. Fire detection and suppression devices shall be installed when required by the Borough Council, upon recommendation of the Borough Fire Marshal.
9.
Health and Safety Hazards. All uses in the SP-3 District shall comply with all local, state, and federal regulations regarding health and safety hazards, including the reporting of potential hazards.
10.
Public Utilities. All uses shall be capable of being served by public sewer and water facilities. All sewer or water facilities shall be subject to all local, state, and federal regulations, and are subject to approval by the Borough Council upon the recommendation of the Borough Engineer.
§ 27-1607 Plan Requirements for Industrial Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
In addition to the plan submission requirements in the Borough Subdivision and Land Development Ordinance [Chapter 22], the following information shall be required in the SP-3 Specially Planned District Three.
A.
Architectural plans sufficient to show building entrances, service and loading areas, refuse collection and recycling areas, elevations, signs, lighting facilities, and all other pertinent information required by Borough Council.
B.
Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.
C.
A description of the industrial operations proposed in sufficient detail of indicate the effects of those operations, and plans for handling the production of traffic, noise, glare, air and water pollution, and fire and safety hazards, in compliance with the performance standards of Part 8, General Regulations, § 27-817, of this Chapter.
D.
Any other information requested by the Borough in order to determine compliance with pertinent Borough regulations.
§ 27-1608 Area and Dimensional Regulations for Non-Industrial Uses.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Height Regulations.
[Amended by Ord. 5-2013, 8/7/2013]
A.
The highest elevation of any building shall be 85 feet. For buildings with flat roofs, building height is measured from grade to the top of the building wall, excluding parapets of not more than eight feet. For buildings with pitched roofs, building height is measured from grade to the midpoint of the slope. The height excludes aerials, communication towers, or the like, as well as elevators, machine rooms, cooling towers, and their enclosing walls.
B.
Notwithstanding any other provision of this Part, building height may be increased to 250 feet by conditional use, provided that the conditions set forth in § 1503.2B through H are met.
2.
Floor Area Limitations in the SP-3 District.
A.
The maximum floor area ratio in the SP-3 District shall be 2.0 for all uses, except that FAR may be increased to 2.5 if the conditions of § 27-1503.2 are satisfied. Parking areas and garages shall be excluded from the FAR calculation.
[Amended by Ord. 5-2013, 8/7/2013]
B.
Floor area may only be transferred between lots or specially planned districts with conditional use approval from Borough Council.
3.
Minimum Lot Area. The average area of all lots or subdivisions within the district shall be a minimum of two acres, and the minimum of any one lot shall be one acre.
4.
Building Coverage. Not more than 50% of the area of any lot in the district shall be occupied by buildings, excluding parking areas or garages.
5.
Setback Regulations.
A.
The minimum building setback from the Fayette Street Bridge for any structure or building containing structured parking shall be zero feet. The minimum building setback from the Fayette Street Bridge for any structure or building not containing structured parking shall be 90 feet from the center line of the bridge.
[Amended by Ord. 5-2013, 8/7/2013]
B.
The minimum setback from the existing center line of any roadway shall be 50 feet, but in no case shall be closer than six feet from the edge of the roadway.
C.
The minimum distance between any two single buildings shall be 30 feet. A single building is defined by all aboveground, enclosed space, sharing common walls with other enclosed space with the exception of adjacent space limited to only a connecting walkway. Enclosed space shall be defined as space, which is totally protected from the elements and conditioned (heated or heated and cooled). An exception to this requirement is that a parking garage intended to serve a single, detached building only, may be constructed within any distance of that building as long as the requirements of subsection (5)(b) above are met.
D.
There shall be a twenty-five-foot setback from the top of the bank of the Schuylkill River to any building, structure or parking area. No building structures or improvements may be constructed within the riverfront setback, except as herein specified in § 27-1610 of this Chapter.
E.
No building setback is required from a railroad right-of-way or from any roadway right-of-way where it is adjacent to such railroad.
F.
All requirements of Part 17, Floodplain Conservation District, still apply.
6.
Building Bulk. The maximum building profile, as seen from end to end from any side or elevation, and measured perpendicular to such side or elevation, shall not exceed 300 linear feet in total horizontal length on any floor or floors.
7.
Open Space.
A.
The minimum open space requirement shall be 15% of the total tract area. To the greatest extent possible, open space shall be maximized along the river front area. Required setbacks from roadways and property lines, areas dedicated to river walk trail and easements for stormwater management and drainage may be included as part of the required open space, if such areas are landscaped and designed to fulfill the intent of this Section.
B.
Open space requirements may only be transferred between lots or between Specially Planned Districts with conditional use approval from Borough Council.
8.
Building Height Bonuses. Pursuant to the approval of Borough Council, building height bonuses may be awarded for a development in the SP-3 District for certain open space and recreation facility improvements. All such facilities will be constructed, maintained and operated at the developer's expense. The maximum height bonus that may be awarded to any development in a SP-3 District shall be 75 feet for a total overall building height of 200 feet. Height bonuses may be awarded for the following facilities and improvements:
A.
A building height bonus of 25 feet may be granted by Borough Council when a developer provides a public comfort station, containing a water fountain and rest rooms, designed to enhance the enjoyment of riverfront access area users. This facility may be provided as part of a proposed building which may be located outside the riverfront area, however, public access to such facility must be clearly identified and reinforced through appropriate sign-age and access. The design of this facility will be subject to the review and approval of Borough Council, the Borough Engineer, Borough Planner, and the Borough Community Development Officer.
B.
A building height bonus of 25 feet may be granted by Borough Council when a developer in an SP-3 District provides at least one scenic overlook, distinct from the walking surface of the river walk, constructed along the top of the riverbank, which provides uninterrupted views of the river and ridgelines beyond. Such scenic overlook must be ADA-accessible, large enough to accommodate multiple visitors, such as school groups, and be harmony with the architecture of the development or reflect the historic character of the Borough's built environment. The design of this facility will be subject to the review and approval of Borough Council, the Borough Engineer, Borough Planner and the Borough Community Development Officer.
C.
A building height bonus of 25 feet may be granted by Borough Council when a developer provides at least one point of safe and convenient riverfront public access to the surface of the water. Such access may be in the form of a permanent dock, pier or landing but must be suitable for fishing and as a boat launch for canoes/kayaks and similar small, un-motorized watercraft. This Section shall not be construed to require the provision of public boat ramp for motorized watercraft. The design of this facility will be subject to the review and approval of Borough Council, the Borough Engineer, Borough Planner, and the Borough Community Development Officer.
D.
A building height bonus of 25 feet may be awarded by Borough Council when a developer provides, in lieu of the above, a public recreation facility or improvement that substantially beautifies or enhances the enjoyment of the riverfront access area. Such facility may include but is not limited to a public garden or arboretum, ornamental gateway, fountain, a public art installation, park pavilion, environmental, historic, cultural interpretive/educational resource or a similar facility or improvement subject to the approval of Borough Council, the Borough Engineer, Borough Planner, and the Borough Community Development Officer.
§ 27-1609 Landscaping.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
All industrial and non-industrial development shall provide landscaping according to the following requirements.
A.
Shade trees shall be provided along all streets where there are no existing shade trees at a minimum distance of four feet beyond the right-of-way. No less than one three-and-one-half-inch caliper tree shall be planted for every 30 feet of roadway length, including service roads, driveways and all parking area access routes.
B.
The outer perimeter of all surface lots shall be buffered with a landscape area at least 10 feet in width. This area shall contain at least three three-and-one-half-inch caliper trees per 100 linear feet, and at least 30 ornamental and flowering shrub plantings per 100 linear feet.
C.
All parking lots shall be intensively landscaped. There shall be a minimum of one three-and-one-half-inch caliber shade tree for every 10 parking spaces. Shade trees shall be planted in islands containing a minimum of 36 square feet of panting area. Planting islands shall also contain ornamental and flowering shrubs.
D.
Parking areas shall be separated from internal collector drives by a landscaped area at least 10 feet in width.
E.
Landscaping and planting areas shall be reasonably dispersed throughout the surface parking lots.
F.
Additional landscaping shall be provided on the top level and exterior walls of all parking garages, along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations.
G.
All buildings and parking garages shall be landscaped with a combination of evergreen and deciduous trees and shrubs to be used at foundation plantings.
2.
Landscaping Plans. The landscaping plans shall be drawn at a scale of at least one inch equals 30 feet. It shall be totally coordinated with the overall site plan and shall contain the following:
A.
A delineation of existing vegetation to be preserved and proposed plant material. Use of native plants and naturalistic design is encouraged to the fullest extent possible.
B.
A delineation of other landscape features include planting beds to be used for herbaceous plants, spaces to be devoted to courtyards and sitting areas, areas to be devoted to open lawns and other site amenities of the proposed development, such as site lighting, signs, kiosks, benches, street furniture, etc.
C.
A plant list wherein the botanical and common names of proposed plants are tabulated, along with the quantity, caliper, height and other characteristics.
D.
Details for planting of trees, shrubs and any other details which depict other related installations, such as walks, fences, trash receptacles, tree grates, etc.
E.
Information in the form of notes or specifications concerning the proposed design of the site development. Such information shall convey the proposals for paving, seeding, siding, mulching and the similar materials.
§ 27-1610 Riverfront Access.
[Ord. 6-2001, 10/10/2001; as amended through 12/2005]
1.
Included within the overall open space requirement shall be a twenty-five-foot wide Riverfront Access Area dedicated via an easement or right-of-way in perpetuity to the Borough of Conshohocken. The dedication shall be subject to the review and approval of the Borough Solicitor and shall be measured from the top of the riverbank landward. The Riverfront Access Area dedication shall contain as its principal feature a pedestrian promenade, the "Conshohocken River Walk," constructed and maintained by the developer, containing the following public amenities:
A.
A paved walking surface, a minimum of 10 feet in width with a longitudinal slope not exceeding 5% and a cross-slope not exceeding 2%. Such walking surface shall not be closer than 10 feet to the top of the bank. The design and construction of the walking surface shall be subject to the review and approval of the Borough Engineer.
B.
Seating at suitable intervals, not exceeding 200 feet.
C.
Designated picnic areas.
D.
Pedestrian-oriented lighting for the walking surface and associated connections to Borough Streets.
E.
One-half of the required seating areas shall be shaded by trees.
F.
Trash receptacles.
2.
Provision and Maintenance of Public Access. There shall be unrestricted dawn to dusk daily public access for walking, fishing, sitting and similar public exercise and recreation within the Riverfront Access Area. Such access shall be provided in the following manner:
A.
The developer shall provide at least one direct pedestrian public access connection from an adjoining public street through their lands to the Riverfront Access Area. Where the distance between access points exceeds 500 feet, an additional connection shall be provided.
B.
Such public access shall be provided vial a safe and accessible, landscaped and illuminated, convenient and continuous walkway. The walkway shall be suitable separated from vehicular traffic and contained within a dedicated access easement, which stipulates dawn to dusk public access. Vehicular circulation routes, driveways or parking area aisles may not be utilized for the purpose of providing pedestrian access to the Riverfront Areas.
C.
Points of public access along public streets to the Riverfront Access Areas shall be well marked with appropriate signage approved by the Borough.