Conshohocken City Zoning Code
PART 22
SP-4 - SPECIALLY PLANNED DISTRICT FOUR
§ 27-2201 Declaration of Legislative Intent.
[Ord. 05-2017, 5/17/2017]
It shall be the purpose of the Specially Planned District No. 4 (hereinafter "SP-4 District") to encourage the innovative design of the SP-4 District and to create unified developments (each a "unified development") where multiple yet distinct land uses are combined into a single unified development project, and, in particular circumstances, to provide additional options for redevelopment of specified properties previously occupied but not vacant, the redevelopment and revitalization of the SP-4 area and the unified developments will advance the public health, safety, and welfare; to encourage a planned arrangement of individually owned and operated uses within complementary function categories, including professional and business offices, retail sales and commercial services, lodging, recreation/leisure time, and public space for activities benefiting the citizens of the Borough of Conshohocken and their guests, to plan off-street parking to avoid inadequate parking and provide the citizens and guests of the Borough of Conshohocken with additional off-street parking to better access downtown Conshohocken; to encourage increased utilization of all transportation modes; and to encourage the planning and utilization of land and the harmonious design, erection and use of buildings in a diversified commerce-business community that will contribute to the economic base of the Borough of Conshohocken and otherwise further the purposes of this chapter.
§ 27-2202 Use Regulations.
[Ord. 05-2017, 5/17/2017]
1.
A building may be erected, altered, or used, and a lot may be used or occupied, for any of the following uses and no other:
A.
Business offices, including but not limited to, security and commodity brokerage, real estate sales, travel agency, employment counseling, insurance sales, advertising, mailing and stenographic services, offices for development and technology companies, professional office for the practice of, but not limited to, medicine, law, engineering, architecture or design, real estate, insurance, or financial institutions.
B.
Bank or financial institutions.
C.
Hotel/motel and meeting room facilities when ancillary and subordinate to the hotel/motel.
D.
Public terminal, train station, or taxi stands.
E.
Parking garages.
F.
Retail establishment for the sale of dry goods, variety merchandise, clothing, food, baked goods, beverages, flowers, plants, drugs, hardware, books and furnishings.
G.
Sale and repair of watches, clocks, optical goods, or musical, professional or scientific instruments.
H.
Personal services shop: barbershops or beauty shops, custom tailoring, shoe repair, or dry cleaning (provided that no cleaning operations are performed on the premises).
I.
Liquor store.
J.
Restaurants and taverns with both indoor and outdoor seating, not to include drive-in restaurants. Subject to Subsection 1P below, restaurants or taverns may sell alcoholic beverages for on-site consumption.
K.
Municipal or government office, public utility office.
L.
Studio for dance, fitness, music, art or photography.
M.
Fitness center, health club, or racquet club.
N.
Educational, religious or philanthropic uses.
O.
Community facility or community events (including but not limited to movie nights, music and concerts, live performances and farmers' markets).
P.
Unified development (defined below). As part of a unified development, in addition to any other approval required under the Pennsylvania Liquor Code,[1] a restaurant or tavern with a liquor license in a unified development shall require conditional use approval from Borough Council; provided, however, no such conditional use approval shall be required, and such restaurant use shall be permitted by right, for a restaurant with a liquor license that is located in a building used as a hotel, or in all or any portion of an historic building being renovated for use as a restaurant or tavern and any addition connected thereto.
[Amended by Ord. No. 08-2022, 4/20/2022]
Q.
By special exception, any use of the same general character as the permitted uses above.
R.
Accessory uses related to the above permitted uses, including the following:
(1)
Balconies, which shall be cantilevered platforms that project from the wall of a building above the ground and are surrounded by a railing, balustrade, or parapet, which are designed to provide outdoor living or entertaining areas, and are at least 10 feet from the ground.
(2)
Public or private parking garages and lots, excluding motor vehicle junkyards, accessory to and on the same lot as a principal use or on a separate lot so long as the separate lot is part of a unified development, or restricted for use by the unified development via a restrictive covenant recorded against the separate lot.
2.
Accessory uses shall be subject to the same dimensional requirements as the permitted uses unless authorized otherwise in the Zoning Ordinance.
3.
A unified development is generally defined as the development and/or redevelopment of one or more contiguous parcels of land as a mixed use project, containing one or more of the uses referenced in § 27-2202, Subsection 1, above, regardless of ownership, that is designed in compliance with the dimensional standards set forth in § 27-2203 below and is reviewed by the Borough Design Review Committee in accordance with § 27-2211 below.
§ 27-2203 Dimensional Standards for Unified Developments.
[Ord. 05-2017, 5/17/2017]
1.
All unified developments occurring within the SP-4 District shall meet the following regulations:
A.
Area Regulations:
(1)
Minimum Tract Area: 95,000 square feet for the unified development.
(2)
Minimum Lot Area: 2,500 square feet.
(3)
Minimum Lot Width: 25 feet.
(4)
Minimum Setback from (Property Line Adjacent to) Perimeter strEets: zero feet.
(5)
Minimum Setback from Internal Streets: 10 feet (provided that this regulation does not apply to private driveways within the unified development).
(6)
Minimum Building Separation: zero feet.
(7)
Maximum Building Coverage: 95% of the area comprising the unified development.
(8)
Maximum Impervious Coverage: 95% of the area comprising the unified development.
(9)
FAR: 5.0 (excluding parking garages which are not subject to the FAR) for the entire unified development.
(10)
Minimum Public Gathering Space: A minimum of 10% of the developable area within the unified development shall be provided as public gathering space for public access (or payment of a fee in lieu thereof as approved by Borough Council); with at least 35% of the required public gathering space (i.e., 35% of the required 10%) being contiguous green space.
(a)
"Public gathering space" shall be defined as any open land area within a unified development (i.e., has no buildings located on it) that is accessible to the public. Public gathering space can include green space, playgrounds, public seating areas, public plazas, and other similar space that provides recreational and gathering areas for Borough residents and visitors, and helps to enhance the environmental quality and community appeal of the Borough.
(b)
"Green space" shall be defined as land that is partly or completely covered in grass, trees, shrubs or other vegetation.
(c)
"Developable area" shall be defined as all land that is included as part of a unified development and that is available for development. Excluded is land located within the one-hundred-year floodplain and land with natural slopes greater than 15%.
(d)
The purpose of any plaza space provided within the public gathering space shall be to provide year-round opportunities for outdoor recreation and community activities, and provide visual relief within the built environment. It should facilitate north-south and east-west circulation for pedestrians to and throughout the unified development and the Borough, providing continuous, safe and convenient pedestrian linkages throughout the unified development. Plaza space must be appropriate in scale and character of the unified development as an urban center, and be provided in a manner to meet the needs of the unified development, consistent with this Part. Plaza space may also contain certain structures, including pavilions, fountains, planters, statues and other similar structures.
(e)
The layout, amenities and permitted uses in the public gathering space shall be approved by Borough Council as part of the SALDO process.
(11)
Minimum Height: two stories.
(12)
Maximum Building Height: A maximum height of 180 feet is permitted, inclusive of penthouse and mechanical equipment, improvements related to rooftop patios, parapets, aerials, communication towers, and similar improvements customarily placed on the roofs of office buildings and hotels. For buildings with flat roofs, building height is measured from average grade to the top of the building wall, including parapets. For buildings with pitched roofs, building height is measured from grade to the midpoint of the slope. Additive embellishments on the facade (such as cladding, cladding features, roof overhangs, canopies, brows, etc.) shall be permitted to overhang the property line by two feet. No overhangs shall extend over an adjacent property that is privately owned unless written consent is granted by such property owner.
(a)
The maximum building height, as measured from the average grade, may be increased to a maximum height of 190 feet, provided the additional height is necessary to accommodate mechanical equipment (including elevators), architectural improvements designed to camouflage the mechanical equipment, and other features related to the mechanical equipment, to advance Leadership in Energy and Environmental Design (LEED) design elements and sustainability objectives, so long as:
[Added by Ord. No. 05-2018, 10/17/2018]
1)
Such features are set back from the primary facade of the building a distance of no less than 20 feet;
2)
Such features are not visible from the rights-of-way immediately adjacent to the building; and
3)
Architectural features used to screen the mechanicals shall be consistent with the design, materials, quality, and finish of the remainder of the building.
(13)
First Floor Transparency:
(a)
Primary Facades.
1)
A primary facade is any facade facing Fayette Street or facing any public gathering area.
2)
The minimum transparency of the first floor of any primary facade shall be 80%, as measured from finished grade to the floor height of the second story along the entire length of the facade, to create an external streetscape presence. Where a floor level is partially below grade, the first full, above-grade level, shall be permitted to be included within the calculations for transparency. The primary facade transparency requirement shall be wrapped onto secondary facades for a distance of no less than 70 feet as measured from the intersection (corner) of the primary and secondary facades. This shall include the use of transparent exterior storefront facades and entries to create a facade that provides visual interest to pedestrians. When the slope of a street is 2.5% or greater, such that it makes multiple entries or transparent exterior storefronts impractical, the minimum transparency may be decreased to 65%, provided that efforts are made to activate and make an opaque portion of the facade visually interesting to pedestrians. At no point should the height of any opaque portion of a primary facade exceed 12 feet in height for a distance greater than 18 inches, and every effort shall be made to reduce the height of the opaque portion of the wall with the change in slope of the street.
(b)
Secondary Facade.
1)
A secondary facade is any facade facing any public street that is not Fayette Street.
2)
Secondary facades shall incorporate animated facade areas to create an external streetscape presence. This shall include the use of transparent exterior storefront glazing, faux or semi-transparent glazing, entries, landscaping, artwork, seating, canopies and awnings, or other similar features, where possible, which create a facade that provides interest to pedestrians and passersby in vehicles.
(c)
Entries and Doorways. Buildings shall have a transparent primary entry that will be considered as part of the overall transparency requirement for the building. Buildings fronting Fayette Street and public gathering areas shall have a primary entry on Fayette Street or at the corner facing the public gathering area. Commercial storefronts fronting the public gathering area shall have a primary entry on this facade. Commercial storefronts fronting streets other than Fayette Street or the public gathering area shall have a primary entrance located on the same street.
(14)
Maximum Wall Height: The following regulations shall apply in unified developments:
[Amended by Ord. No. 05-2018, 10/17/2018]
(a)
Except as provided for in Subsection 1A(14)(b), the visible portion of retaining walls shall not exceed 10 feet in height.
(b)
The visible portion of a retaining wall may be increased to exceed 10 feet in height, up to a maximum of 13 feet in height, if the visible portion greater than 10 feet abuts a loading and/or service area internal to the unified development.
(c)
Any visible portion of retaining walls in excess of five feet shall be designed with articulation or other features to mitigate wall height issues.
(15)
Adaptive Reuse: Adaptive reuse of historic or significant structures is required. The proposed use must be compatible with adjacent uses.
B.
Development Standards:
(1)
Location Requirements:
(a)
Must contain a minimum of 300 feet of frontage on one major arterial road as calculated for the unified development;
(b)
Shall not be permitted on a tract located within 90 feet of another tract containing a unified development in the SP-4 District; however, this provision shall not restrict an applicant from adding land into an approved unified development.
(2)
Separate ownership of or conveyance of a parcel or parcels within the approved plan shall be permitted upon compliance with the following conditions:
(a)
Irrevocable perpetual cross-easements are in effect and recorded, whether set forth in a cross-easement agreement or in a plan of condominium, in favor of and duly binding on all title owners (and their respective successors and assigns) within the area of the approved plan, with respect to use, control and maintenance of the common areas, including but not limited to access areas, green areas, and parking areas.
(b)
The application of zoning requirements, including but not limited to building coverage, impervious coverage, open space, parking, loading, buffers, setbacks and landscaping shall apply to the overall site approved as a unified development area. Individual lots within the plan or created pursuant to this section need not comply with these zoning requirements.
(3)
Staging.
(a)
All proposed unified developments shall be constructed in accordance with an overall plan and shall include the planned phasing and schedule of construction.
(b)
Staging shall include the time for beginning and completion of each stage. Such timing may be modified by Council on the showing of good cause by the developer.
(c)
All parcels shall be included in the unified development plan, with a minimum of conceptual design for later phase developments.
§ 27-2204 Dimensional Standards for Uses Other Than a Unified Development.
[Ord. 05-2017, 5/17/2017]
The dimensional standards for any uses permitted in the SP-4 District other than a unified development shall be subject to the requirements in § 27-1303.
§ 27-2205 Signage Standards.
[Ord. 05-2017, 5/17/2017; as amended by Ord. No. 03-2021, 3/17/2021]
Buildings in the SP-4 District shall have signage which meets the requirements set forth in § 27-2109, Signs Permitted in the Specially Planned Districts, except as set forth below for a unified development:
1.
One wall sign for the principal use of a building is permitted to be a maximum of 150 square feet in size on a building greater than 100 feet in height.
2.
A second wall sign of up to 150 square feet in size is permitted for buildings greater than 100 feet in height and located on corner lots, so long as it is located on a second wall (i.e., one sign per wall).
3.
Each accessory first floor use is allowed one sign which meets the requirements set forth in § 27-2108, Signs Permitted in the Commercial and Industrial Districts.
4.
Signage adjacent to or across the road from residential uses or residential zoning districts shall not be lighted.
5.
The term "building" as used in this section shall exclude parking garages.
6.
For buildings of 180 feet or more in height, where 95% of the building is allocated to a single principal user (e.g., leased to a single tenant) the following sign regulations shall apply, in place of those regulations set forth in Subsections 1 through 3 of this section:
A.
For wall signs located more than 150 feet above average grade level of the building, one wall sign for the principal use of the building is permitted to be a maximum of 500 square feet in size, provided that no individual letter, image, character, graphic or other individual component of the sign is greater than 75 inches in height or width.
B.
In addition to the wall sign permitted by Subsection 6A, additional signage shall be permitted only for buildings located on corner lots, and shall be limited to one of the following two options:
(1)
One additional wall sign (for a total of two wall signs on the building) of up to 150 square feet in size, provided that no individual letter, image, character, graphic or other individual component of the sign is greater than 75 inches in height or width. The additional wall sign shall be located on a different wall from the sign permitted by Subsection 6A (i.e., one sign per wall); or
(2)
Two additional wall signs (for a total of three wall signs on the building) of an aggregate size not exceeding 150 square feet in size, provided that no individual letter, image, character, graphic or other individual component of the sign is greater than 75 inches in height or width. The additional wall signs shall be located on a different wall from the sign permitted by Subsection 6A and from each other (i.e., one sign per wall).
D.
For purposes of determining whether 95% of the building is "allocated" to a single principal user, common areas within leased buildings shall be "allocated" to a single principal user if the user's proportionate share of the right to and/or responsibility for (including financial responsibility in the form of common area maintenance or similar charges) the common areas is 95% of the total right/responsibility for the common areas as shared across all tenants of a fully leased building, or as would be shared across all tenants of the building if the building was fully leased.
E.
For buildings covered by this Subsection 6, if 95% of the building is no longer allocated to a single principal user (e.g., no longer leased to a single tenant), the signage permitted by this Subsection 6 shall be removed. Signage permitted by this Subsection 6 may not be replaced (even if of similar kind and size) with signage for a tenant that, under lease or similar agreement, is allocated less than 95% of the building. Instead, the new tenant(s) shall be subject to Subsections 1 through 5. The owner of a building covered by this Subsection 6 shall immediately inform the Borough if 95% of the building is no longer allocated to a single principal user. For purposes of this Subsection 6E, a portion of the building shall be deemed "no longer allocated to a single principal user" even if the principal user retains an interest/responsibility under a sublease or similar agreement.
§ 27-2206 Required Off-Street Parking Capacity and Dimensional Standards for a Unified Development.
[Ord. 05-2017, 5/17/2017]
1.
The parking requirements in the SP-4 District shall be as set forth in § 27-2011, Regulations for the Specially Planned District; however, the required amount of parking for a unified development shall be permitted to be reduced and phased, if approved by Borough Council as a conditional use pursuant to § 27-826 of this chapter, based on the following criteria:
A.
Common Parking Areas and Mixed Uses. Parking required for two or more buildings or uses may be provided in combined parking facilities where such facilities will continue to be available for the several buildings or uses and provided that the total number of spaces is not less than the sum of the spaces required for each use individually, except that said number of spaces may be reduced by up to 1/2 such sum if it can be demonstrated 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 facility. The following requirements shall be met:
(1)
Evidence of reduced parking needs shall be documented in and based on a parking study prepared by an appropriate professional and satisfactory to the Borough.
(2)
If a lower parking total is approved by Borough Council, then no change in any use shall thereafter be permitted without further evidence that the parking will remain adequate in the future, and if said evidence is not satisfactory, then additional parking shall be provided before a change in use is authorized.
(3)
Evidence of continued availability of common or shared parking areas shall be provided satisfactory to the Zoning Officer upon request and shall be documented and filed with the approved site plan. Notice of a change in the amount of parking provided within a unified development shall be provided to the Zoning Officer, and a revised transportation demand management plan (TDM) shall be submitted.
(4)
Notwithstanding any other parking requirements set forth in § 27-2011 and this § 27-2206 for individual land uses, when any land or building is used for two or more distinguishable purposes (i.e., joint or mixed-use developments), the minimum total number of parking spaces required to serve the combination of all uses shall be determined in the following manner:
Multiply the minimum parking requirement for each individual use (as set forth in the applicable section of this chapter for each use) by the appropriate percentage (as set forth below in the Shared Parking Credit Schedule chart) for each of the five designated time periods and then add the resulting sums from each vertical column. The column total having the highest total value is the minimum shared parking space requirement for that combination of land uses.
[Amended by Ord. No. 08-2022, 4/20/2022]
Shared Parking Credit Schedule | |||||
|---|---|---|---|---|---|
Weekday | Weekday | Weekday | Weekend | Weekend | |
Night 12:00 midnight to 7:00 a.m. (%) | Day 7:00 a.m. to 5:00 p.m. (%) | Evening 5:00 p.m. to 12:00 midnight (%) | Day 6:00 a.m. to 6:00 p.m. (%) | Evening 6:00 p.m. to 6:00 a.m. (%) | |
Office (using gross floor area) | 5 | 100 | 10 | 10 | 5 |
Commercial/ retail | 5 | 80 | 90 | 100 | 70 |
Hotel | 70 | 70 | 100 | 10 | 100 |
Restaurant | 10 | 50 | 100 | 50 | 100 |
Restaurant associated w/hotel | 10 | 50 | 60 | 50 | 60 |
Entertain- ment/ recreation (theaters, bowling allies, cocktail lounges, and similar) | 10 | 40 | 100 | 80 | 100 |
Day-care facilities | 5 | 100 | 10 | 20 | 5 |
All other | 100 | 100 | 100 | 100 | 100 |
(5)
A transportation demand management (TDM) plan shall be submitted for the proposed project and approved by the Borough as part of the conditional use hearing for the requested reduced parking. The TDM shall be updated every three years. "TDM" refers to a variety of strategies aimed at reducing the demand on the transportation system, particularly to reducing single-occupant vehicles during peak periods, and expanding the choices available to residents, employees, shoppers and visitors. The result is more efficient use of the existing transportation system. TDM is a critical component of a reduced parking plan. Traffic needs to be minimized to decrease congestion within the Borough, to create livable and walkable spaces, and to minimize the effects of traffic on neighboring communities. Examples of TDM measures shall include:
(a)
Pre-tax deduction of transit and vanpool fares;
(b)
Telework program;
(c)
Shower and locker facilities for bicyclists and walkers;
(d)
Covered bicycle parking;
(e)
Carpool and vanpool preferential parking;
(f)
On-site car-sharing vehicle;
(g)
Commuter information center (bulletin board, website, brochure table);
(h)
Employee Transportation Coordinator (ETC);
(i)
Flexible or alternative work hours;
(j)
TDM education programs directed at the public and employees.
B.
As a part of the conditional use approval, a parking reduction of 15% may be permitted for a unified development within 1/4 mile from a passenger rail station, provided the project includes elements promoting pedestrian connectivity between the unified development and the subject rail station. As part of a conditional use hearing, an applicant shall submit evidence as to incentives being provided to promote the use of the passenger rail station by the occupants in the project.
C.
As part of the conditional use hearing for reduced parking, Borough Council can, in its sole discretion, require an applicant to make a portion of its parking facilities available to the public based on the location of the property in the Borough, the size of the project and the proposed uses.
2.
As to a unified development, the following regulations shall apply and supersede any other provisions to the contrary in the Zoning Ordinance:
A.
For the purposes of calculating parking required for a hotel use, 1.25 spaces per hotel room (to account for employees) shall be required.
B.
No more than 5% of required parking for a unified development shall be permitted as surface parking areas. All surface parking areas must meet the landscape and lighting requirements as set forth in § 22-421, Landscaping and Lighting, of the SALDO.
C.
Treatment to above-grade parking structures or parking below commercial structures facing all public rights-of-way and open space or green space shall be treated so as to avoid headlight glare to spill onto the sidewalk or street, and to be architecturally compatible with the remainder of the buildings and overall site of the unified development through building materials and landscaping.
D.
The square footage of the unified development can be consolidated for purposes of complying with the off-street loading requirements contained in § 27-2011. Any existing building(s) included within the unified development and without a loading dock shall be deemed nonconforming as to this requirement.
§ 27-2207 Landscaping.
[Ord. 05-2017, 5/17/2017]
1.
A landscape plan shall be submitted per the requirements of the SALDO. Use of native plant materials and naturalistic design is encouraged. The landscape plan shall reflect the requirements of the SALDO as well as the following detailed criteria:
A.
Additional landscaping shall be provided along the 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.
B.
The above design criteria, in addition to that required by the SALDO, is intended to develop a standard whereby adequate landscaping is included in the development. The criteria are not intended to strictly direct the location of this landscaping.
C.
For a unified development in the SP-4 District, the following regulations shall apply and supersede any other provisions to the contrary in the SALDO:
(1)
A landscaped verge shall not be required along the perimeter streets and sidewalks. Street trees shall be located every 30 feet within tree pits covered with walkable tree grates in the sidewalks.
(2)
A landscaped verge, a minimum of four feet in width between the back of curb and sidewalk, shall be required along internal public streets (not private drives).
§ 27-2208 Traffic Impacts.
[Ord. 05-2017, 5/17/2017]
Documentation of on-site improvements proposed to minimize projected adverse transportation impacts on any adjacent public right-of-way per the requirements and recommendations shall be documented in a report prepared by a licensed traffic engineer.
§ 27-2209 Lighting.
[Ord. 05-2017, 5/17/2017]
Lighting shall be arranged in a manner which will protect adjacent streets and neighboring properties from direct glare per the requirements of the Subdivision and Land Development Ordinance and the Zoning Ordinance.
§ 27-2210 Application and Review of Development Proposals.
[Ord. 05-2017, 5/17/2017]
All proposed developments within the SP-4 District shall meet the requirements as set forth in § 27-1507.
§ 27-2211 Design Review Committee.
[Ord. 05-2017, 5/17/2017]
All proposed developments within the SP-4 District shall be subject to the review of the Borough Design Review Committee.