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East Brandywine Township
City Zoning Code

ARTICLE XXII

VC Village Commercial District

§ 399-158 Intent.

The VC Village Commercial District is intended to reflect and support the properties and existing uses in the Village of Lyndell and provide similar opportunities at other commercially developable locations, and to assure that new uses or changes in use are largely compatible with compact neighborhood commercial character and complementary adjacent residential uses. Unobtrusive transition to the surrounding residential district is to be achieved. The district seeks to appropriately provide for and manage current and future business uses, including mixed-use opportunities.
One purpose of the VC District is to accommodate development which maintains and/or creates a cohesive sense of place, not dominated by large expanses of parking. It provides for development of complementary mixed uses, including residential uses, as well as small-scale commercial, service, and employment-oriented development, while discouraging conventional single-story strip development.

§ 399-159 Use regulations.

A. 
Uses permitted by right. A building may be erected, altered or used, and a lot may be used or occupied, for any one of the following purposes, or for as many as three such purposes in combination, and no other:
(1) 
Single-family detached dwelling.
(2) 
Dwelling unit or units, when arranged to form an integral part of a building in which the ground floor, or at a minimum the front portion thereof, is constructed and maintained for any use permitted under Subsection A(3) through (12) herein, and when in compliance with § 399-160I.
(3) 
Retail sale of dry goods, hardware, variety and general merchandise, clothing, food, flowers, pharmaceuticals, personal-care items, household supplies or furnishings; musical, professional or scientific instruments; and similar items, but specifically excluding the sale of new or used automobiles, trucks, or similar vehicles.
(4) 
Personal-service enterprises, including but not limited to: barbershop; beauty salon; shoe repair; tailor; dropoff/pickup facility associated with off-site laundry or clothes cleaning operation; repair of appliances and equipment; but explicitly excluding automotive service or repair garage facility.
(5) 
Restaurant, retail bakery, confectionery, or other places serving food and/or beverages, provided that no fast-food restaurant shall be permitted.
(6) 
Office, as defined in § 300-17.
(7) 
Studio for performing or visual arts; gallery.
(8) 
The teaching of not more than 10 pupils simultaneously, or in the case of musical instruction, not more than two pupils at a time.
(9) 
Inn, but not including motel/hotel.
(10) 
Gift, art, and/or antique shop.
(11) 
Museum or library.
(12) 
Specialty shop and facilities for craftsman, such as blacksmith, tinsmith, or cabinet maker.
(13) 
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, including but not limited to those uses described in § 399-92.
(14) 
No-impact home occupation, in accordance with the terms of § 399-93.
(15) 
Forestry, as defined in Chapter 300 and in accordance with the terms of § 399-102.1.
B. 
Uses by special exception.
(1) 
Any of the following uses shall be permitted when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and the standards and criteria contained in § 399-145 of this chapter:
(a) 
Conversion of a single-family dwelling, subject to the provisions of § 399-96.
(b) 
Accessory dwelling unit, in accordance with the terms of § 399-91.
(c) 
Religious use.
(d) 
Bed-and-breakfast facility, in accordance with the terms of § 399-95.
(e) 
Any use deemed by the Zoning Hearing Board to be of the same general character as any of the uses specifically permitted under Subsection A.
C. 
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of § 399-163 and other applicable provisions of this article and of § 399-137:
(1) 
Planned village commercial center, comprising one or more buildings containing four or more of the uses permitted under the terms of Subsection A.
(2) 
In a Class I or Class II Historic Resource, and defined in § 399-62, multifamily dwellings in accordance with § 399-67.
(3) 
Major home occupation, in accordance with the terms of § 399-93.
(4) 
Day-care facility as a principal use.
(5) 
Convenience store as defined in Chapter 300.

§ 399-160 Area and bulk regulations.

The following regulations shall apply to any use permitted in this article as of right, by special exception, or as a conditional use, unless superseded by terms herein that are explicitly applicable to a specific use.
A. 
The regulations in this section shall be applicable only when, as a prerequisite, it can be demonstrated that adequate sewage facilities and water supply for the use in question can be provided and approved. Criteria for determining such adequacy shall include compliance with the requirements of this article and other applicable provisions of this chapter, as well as the requisite approvals and permits from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Any proposed use for which water and/or sewage facilities are deemed inadequate to serve such use shall comply with the area and bulk regulations for single-family dwellings in the R-3 District.
B. 
Minimum lot area. Except as otherwise specified by this chapter for particular uses, a net lot area of not less than 20,000 square feet shall be required in the VC District. Where the lot is to contain a combination of uses, as permitted in § 399-159, a minimum lot area of 10,000 square feet per use shall be required.
C. 
Minimum lot width. Each lot shall have a width of not less than 100 feet at the building setback line.
D. 
Minimum front yard. There shall be a front yard on each lot which shall be not less than 15 feet in depth.
E. 
Minimum side and rear yards.
(1) 
On each lot except a corner lot, there shall be no required side yard where buildings are erected on the side lot line and share a common party wall with a building on an adjacent lot. Where buildings are not so erected, there shall be a side yard along each side lot line having a width of not less than 10 feet.
(2) 
On each corner lot, any side yard shall have a width of not less than 15 feet.
(3) 
There shall be a rear yard on each lot which shall be not less than 35 feet.
(4) 
Where a proposed nonresidential use abuts a residential zoning district boundary or an existing residential use, the minimum abutting side yard shall be increased to 20 feet and/or the minimum abutting rear yard shall be increased to 50 feet.
(5) 
Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(4).
F. 
There shall be a landscaped buffer along any nonresidential side and/or rear property lines which abut a residential zoning district boundary or existing residential use. Plantings within the buffer shall have a minimum depth of 10 feet and shall comply with the terms of § 399-79 of this chapter.
G. 
Maximum impervious surface. Not more than 75% of the net area of any lot may be covered by impervious surfaces.
H. 
Minimum vegetative cover. Not less than 20% of the gross area of any lot shall be planted and maintained with existing and/or installed vegetation.
I. 
Maximum height. No building or other structure erected, altered, or enlarged in the VC District shall exceed a height of three stories or 35 feet, whichever is less.
J. 
Dwellings in combination with nonresidential use.
(1) 
Any dwelling unit permitted under the terms of § 399-159A(2) above shall have a floor area of not less than 950 square feet.
(2) 
Total floor area devoted to dwelling units within the structure shall not exceed four times the total floor area of the ground-floor nonresidential use or uses.
(3) 
Entrance to any dwelling unit may be shared with another unit or units but shall be independent of the nonresidential use or uses.
(4) 
Off-street parking required for each dwelling unit shall be in accordance with Article XV of this chapter and shall be in addition to the parking requirements for the nonresidential uses or uses.
(5) 
Where two or more dwelling units are to be created above the ground floor, requisite approvals of interior layout, emergency exits, etc., shall be obtained from the Pennsylvania Department of Labor and Industry and a copy provided to the East Brandywine Fire Company upon receipt of such approval.

§ 399-161 Design standards.

Except as otherwise specified by this chapter for particular uses, the following design standards of this chapter shall, as applicable, govern all uses within the VC District:
A. 
Signs: as required by Article XVI.
B. 
Parking: as required by Article XV.
C. 
Access and traffic control: as required by § 399-81.
D. 
Landscaping and site design: as required by § 399-78.
E. 
Screening and buffering: as required by § 399-79.
F. 
Storage: as required by § 399-80.
G. 
Interior circulation: as required by § 399-82.
H. 
Lighting: as required by § 399-83.
I. 
Loading: as required by Article XV.
J. 
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
K. 
Sewage facilities and water supply. For any new use or change of use that will result in water usage and/or sewage disposal needs which will exceed those of the existing use of the property, the Zoning Officer shall require the applicant to submit appropriate documentation from the Chester County Health Department, certifying the sufficiency of the proposed sewage facilities and the quality and quantity of the proposed water supply in relation to the proposed use or uses. The Zoning Officer shall, as he deems it necessary, consult with the Township Engineer on any aspect of the proposed sewage facilities or water supply and shall deny the application where the proposed sewage facilities or water supply are deemed to be inadequate.
L. 
For any application for special exception or conditional use approval, the Zoning Hearing Board or Board of Supervisors, respectively, may require the applicant to demonstrate how the proposal is consistent with the applicable design objectives of the Guthriesville Village Written and Graphic Design Guidelines appended to this chapter.

§ 399-163 Standards and criteria for conditional uses.

A. 
Planned Village Commercial Center.
(1) 
Minimum gross tract area: 32,000 square feet.
(2) 
Minimum net tract area per individual use: 8,000 square feet.
(3) 
Minimum tract width: 125 feet.
(4) 
Minimum front yard: 35 feet.
(5) 
Minimum side and rear yards: 15 feet where the tract abuts a nonresidential zoning district; 50 feet where the tract abuts a residential zoning district.
(6) 
Minimum setback of parking area from any tract boundary line: eight feet.
(7) 
Maximum total impervious surface coverage: 70% of the gross tract area.
(8) 
Minimum vegetative cover: 25% of the gross tract area.
(9) 
Frontage landscaping. There shall be a frontage landscaped area provided at the street right-of-way line, extending a minimum of eight feet into the front yard, and extending the entire frontage. Any unpaved area between the street right-of-way line and the edge of the cartway also shall be continuously maintained as a landscaped area. The landscaped area shall comply with the standards of § 399-79 of this chapter. No improvements other than access drives shall be permitted within these landscaped areas. Landscaping materials shall be selected and designed so as not to obstruct vision along the street and shall be resistant to road salt and pollution associated with vehicular traffic.
(10) 
Perimeter buffering. There shall be a landscaped buffer along all side and rear property lines which abut a residential zoning district boundary or use. Plantings within the buffer shall have a minimum depth of 10 feet and shall comply with the terms of § 399-79 of this chapter.
(11) 
Access standards.
(a) 
A single, shared access shall be provided to serve the entire tract. Access shall take the form of an internal road which directs traffic to a single entrance with divided lanes, or by means of reverse-frontage access.
(b) 
Entrances shall be a minimum of 24 feet wide and shall have a depth of 40 feet before being intersected by an internal access aisle.
(12) 
Ownership. The tract of land to be developed shall be held in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and be filed on behalf of all the said owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan and agree in writing to be bound thereby with respect to development of the tract.
(13) 
Covenants and restrictions. The language, terms, and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
B. 
Day-care facility as a principal use.
(1) 
A day-care facility as a principal use may provide child day care or adult day care, as those terms are defined in Chapter 300.
(2) 
Such facility shall be in compliance with the terms of § 399-102.2.
C. 
Multifamily dwellings in a Class I or Class II historic resource, in accordance with the terms of § 399-67.
(1) 
Proposed multifamily dwellings shall comply with the density, area and bulk, and any other applicable requirements of § 399-37 of this chapter.
(2) 
There shall be no requirements for common open space in association with proposed multifamily dwellings.
D. 
Convenience store.
(1) 
A convenience store shall be in compliance with the terms of § 399-102.
(2) 
Any property proposed for use as a convenience store in the VC District shall have frontage on and take direct access from U.S. Route 322 (Horseshoe Pike).