Lower Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XII
VMU Village Mixed-Use District
§ 170-85 Declaration of legislative intent.
In expansion of the declaration of legislative intent and community development objectives contained in Article I of this chapter, the primary intent of the Village Mixed-Use District is to retain and enhance the identity and purposes of the Village of Zieglerville by conserving and building upon desirable village characteristics and encouraging development to provide a harmonious mix of housing, businesses, institutions, and public spaces. This district is intended to be consistent with the future growth area category as designated in the Central Perkiomen Valley Regional Comprehensive Plan and is intended to implement the applicable goals and objectives of the regional plan. In addition, the Village Mixed-Use District is intended to achieve the following specific objectives:
A.
Maintain to the greatest extent possible, the historical visual character established along Routes 29 and 73 by the locations, sizes, shapes, styles, and spatial relationships of existing residential buildings, businesses, and other properties relative to each other and to the mature landscaping adjacent to these buildings.
B.
Encourage economically viable residential and/or nonresidential use or re-use of existing buildings by permitting substantial additions to existing buildings and by permitting additional buildings on lots with existing buildings.
C.
Accommodate residential and/or nonresidential uses in new buildings while ensuring that the architecture, proportions, and window and door openings of new buildings reflect the architectural heritage of the community and the multistory residential character of existing buildings located along Routes 29 and 73, including front and side facades, porches, and rooflines.
D.
Consolidate driveways and establish shared parking facilities at the rear of parcels that front on Routes 29 and 73, and provide a network of sidewalks throughout the village to give priority to pedestrian movement and encourage walking among buildings, open spaces, and streets.
E.
Establish standards that allow a mixed use, small town character with opportunities for affordable housing and a range of small-scale business and institutional uses that are compatible with small town character, including buildings and spaces with a pedestrian scale, proportions, and orientations that promote social interaction and establish community identity.
F.
Provide open space that includes community focal points, and preserve and protect areas containing sensitive natural features such as woodlands, steep slopes, streams, floodplain, and wetlands, by setting them aside from development and integrating them into the system of public green spaces within and adjacent to the village.
G.
Strengthen the role of Zieglerville as a core area of Lower Frederick Township, and enhance the opportunities for preservation of rural resources along and outside the future growth area boundaries as defined in the Central Perkiomen Valley Regional Comprehensive Plan.
H.
Provide regulations to achieve the intent and objectives of the Village Mixed-Use District.
§ 170-86 Uses permitted by right.
The following uses are permitted by right in compliance with the dimensional and development regulations of the VMU Village Mixed-Use District:
B.
Conversion of an existing single-family detached dwelling to not more than two dwelling units.
C.
One or more dwelling units located in the same building with one or more permitted nonresidential use(s), provided that no more than four dwelling units shall be permitted in any one building and that the nonresidential floor area shall be greater than or equal to the total residential floor area (permitted as a new building or as a conversion of or addition to an existing building).
D.
Family day-care home, group day-care home, day-care center in compliance with § 170-28, Child day care, of this chapter.
E.
Bed-and-breakfast establishment in compliance with § 170-26, Bed-and-breakfast accommodations, of this chapter.
F.
Retail establishment for the sale or rental of merchandise, and/or for the sale and repair of items such as jewelry, watches, clocks, optical goods, musical, professional or scientific instruments, and/or for mailing and/or carry-in shipping services.
G.
Business office, such as real estate sales, travel agency, insurance sales, advertising, or retail copying and printing services.
H.
Professional office, such as those for the practice of medicine or other health services, or for the practice of law, engineering, architecture, accounting, or similar services.
I.
Personal service shop, such as tailor, barber, beauty salon, shoe repair, dressmaker, or dry cleaner (provided that no cleaning operations are performed on the premises).
J.
Establishment serving food or beverages to the general public, such as restaurant, cafe, taproom, tavern, retail baker, confectionery or ice cream shop; with drive-through by conditional use in compliance with § 170-90.4, Regulations for all uses with drive-through facilities.
K.
Financial institution, such as a bank or savings and loan association; with drive-through by conditional use in compliance with § 170-90.5, Regulations for all uses with drive-through facilities.
L.
Studio for dance, music, fitness, art or photography.
M.
Undertaking establishment and funeral home.
N.
Self-service laundromat only when served by public water and sewer facilities.
O.
Office buildings for corporate, administrative, executive, or government purposes.
P.
Institutional uses in compliance with the standards and criteria of Article XIII, Institutional and Recreational Overlay District.
Q.
Open space and recreation areas, including parks, village greens, greenway corridors, preservation of natural features, and similar uses.
R.
Accessory uses on the same lot and customarily incidental and subordinate to the principal uses listed herein.
§ 170-87 Uses permitted only by conditional use.
The following uses are permitted only by conditional use in compliance with §§ 170-89, Dimensional regulations, 170-90.2, Development regulations for all principal buildings, and 170-90.6, Conditional use standards and criteria for all conditional uses, herein:
A.
Village market place consisting of a supermarket in one freestanding building plus two or more other smaller freestanding buildings in compliance with the standards of § 170-90.3, Village market place conditional use standards and criteria, herein.
B.
Hotel, motel.
C.
Place of indoor or outdoor amusement or recreation, including miniature golf, theater, movie house, or arcade, not including shooting, gun or pistol range.
D.
Indoor sports facility for racquet or court sports and/or indoor swimming pool.
E.
Public utility facility, not including electrical power generation.
F.
Contractors' establishments, repair shops, indoor trade schools.
G.
Wholesaling and/or warehousing of dry goods, variety and general merchandise, clothing, food, drugs, household supplies, beverages, hardware, furnishings, antiques, books, and/or similar commodities.
H.
Uses determined by the Board of Supervisors to be of similar nature and impact to the uses listed in this section.
I.
Accessory uses on the same lot and customarily incidental and subordinate to the principal uses listed herein.
§ 170-88 Prohibited uses.
In support of the legislative intent and statement of community development objectives of this article, the following uses are prohibited in the VMU Village Mixed-Use District:
A.
Self-service storage facilities (miniwarehouses).
B.
Bulk storage and sale of lumber, plumbing and other building materials and supplies; home center.
D.
Monument production; commercial laundry/dry cleaning businesses; junkyards, scrap yards, or similar facilities; food processing businesses.
E.
Automobile or other motorized vehicle sales, service, or repair establishments, including vehicle body repair, vehicle painting, or washing as principal or accessory uses.
F.
Gasoline service station and uses with gasoline filling station facilities.
§ 170-89 Dimensional regulations.
A.
For all uses permitted by right and/or by conditional use, except institutional uses, the following regulations apply:
[Amended 2-7-2023 by Ord. No. 2023-01]
(1)
Minimum lot area: 15,000 square feet (may be further modified by the environmental adjustment factors in § 170-41 of this chapter).
(3)
Minimum lot width: 75 feet (at the minimum front yard building setback line).
(5)
Minimum side yard setback: 15 feet each.
(6)
Minimum rear yard setback: 25 feet.
(7)
Minimum distance between buildings on one lot: 25 feet.
(8)
Maximum building coverage relative to developable lot area:
(9)
Maximum building footprint for existing and/or proposed principal buildings:
(a)
Principal buildings located completely or partially within the first 50 feet from the ultimate right-of-way of Route 29 and/or 73: 7,500 square feet.
(11)
Maximum building height: 35 feet unless otherwise specified herein.
(12)
(13)
Shared parking or driveways. Parking or driveways setbacks shall not be required along property lines when two or more lots share a common parking area or driveway that is located along the common lot line between the lots.
B.
Zoning district boundary setback. A minimum fifty-foot setback is required between any principal building used for nonresidential purposes in the VMU Village Mixed-Use District and any boundary of a residential zoning district. This setback may be part of a required yard area, and shall include landscaping and/or berming according to the provisions of Chapter 145, Subdivision and Land Development.
§ 170-90 Regulations for existing principal buildings.
The following regulations shall apply to existing principal buildings that were constructed before 1950 and are completely or partially located within 50 feet of the ultimate right-of-way of Routes 29 and/or 73.
A.
Retention and use. These existing principal buildings shall be retained and used for uses permitted in § 170-86, Use permitted by right.
C.
Demolition and replacement. These existing principal buildings shall not be demolished unless the Board of Supervisors approves a replacement building in compliance with § 170-90.1, Regulations for replacement of existing principal buildings, herein.
D.
Building modification standards for existing principal buildings.
(1)
External building characteristics.
(a)
The bulk, scale, design, style, character, proportions, and rooflines of the existing building shall be maintained.
(b)
Window and door openings shall be retained on the front and side facades and porches.
(c)
Open porches on the front and sides shall not be enclosed.
(d)
Building materials used to modify or upgrade the windows, doors, facades and/or roof shall be consistent with the architectural heritage of the Central Perkiomen Valley.
(2)
Internal building characteristics. Internal modifications shall comply with building, fire, and safety codes applicable to the use or uses proposed, and shall not be permitted to alter the external appearance of the building except for required emergency access purposes.
E.
Building expansion standards for existing principal buildings.
(1)
Within the building envelope. An existing building may be expanded to the side or rear within the limits of the building envelope defined by the minimum front, side, and rear yard dimensions, but shall not be expanded toward the road. The expanded building shall not exceed a total width of 50 feet, including the existing building and expansion, measured parallel to the front lot line.
(2)
Along or within the side yard. When the existing building wall is located along the minimum side yard setback line or within the minimum side yard setback, the following standards apply:
(a)
Toward the side. No expansion shall be permitted closer to the side lot line.
(b)
Toward the rear. Expansion may be permitted toward the rear of the property along the line of the existing building wall only when the existing building and the expansion are located a minimum of 20 feet from the principal building on the adjoining lot.
(3)
Toward or within the front yard. No expansion shall be permitted toward or within the minimum front yard setback and the visual character of the front facade shall be retained.
(4)
Architectural characteristics. Building expansion shall be compatible with the existing building's bulk, scale, design, style, character, proportions, and rooflines and shall provide windows and doors that reflect the style and locations of the existing building. Open porches on the front and sides shall not be enclosed.
(5)
Existing side yard areas. Applicants are encouraged to retain the existing side yard spacing on both sides of existing buildings to help conserve the historical visual character of the village.
(6)
Existing vegetation. Applicants shall maintain existing landscaped spaces and mature vegetation in front of and between existing buildings to the greatest extent possible.
F.
Standards for connecting existing principal buildings. As an incentive to attract viable uses for retained buildings, additions may be made to existing buildings to connect them together in compliance with the following standards:
(1)
Front facade setback. The minimum front facade setback for a building addition that connects two retained principal buildings shall be 50 feet from the ultimate right-of-way of Route 29 and/or Route 73.
(2)
Landscaped space. The space in front of the addition, between the retained buildings, shall be landscaped to reflect the historical visual character of small buildings and the spaces between them along the street frontage. Pedestrian access is encouraged through this space.
(3)
Architectural characteristics. The addition's building style and character, proportions, window and door openings, and building materials shall be compatible with the existing buildings and form a unified structure, consistent with the architectural heritage of the Central Perkiomen Valley.
(4)
Parking and vehicular access. Parking shall be located only to the rear of the connected buildings and vehicular access shall be provided from the rear when feasible, in preference to individual driveway access to public streets. Shared driveways are encouraged. Cross easements shall be provided to allow current or future interconnection of parking and driveways.
(5)
Pedestrian access. Convenient pedestrian access shall be provided from the rear parking area to all proposed building entrances and may include an internal or external passageway through the building. Pedestrian access shall also connect to public sidewalks.
§ 170-90.1 Regulations for replacement of existing principal buildings.
The following standards shall apply when an applicant requests approval from the Board of Supervisors to replace an existing principal building.
A.
Required evidence. The applicant shall provide evidence sufficient to convince the Board of Supervisors that the building is inadequate for reasons of safety or practicality. This may include evidence of structural deficiencies and/or dimensions and layouts of interior spaces compared to the needs of the proposed uses. The Board of Supervisors may request the advice of the Township Planning Commission, Township Engineer, and/or Building Inspector in this regard.
B.
Standards for replacement buildings.
(1)
Documentation for comparison. The applicant shall provide documentation of the existing and proposed buildings' characteristics in photographs and drawings sufficient for comparison of location, footprint, external shape, bulk, dimensions, roofline, and proportions, including locations, sizes, and shapes of windows, doors, and porches.
(2)
Approval of replacement buildings. The Board of Supervisors may grant approval to raze the existing building and build the replacement when it is satisfied that the proposed replacement building conforms sufficiently to the documented characteristics of the existing principal building. The Board of Supervisors may request the advice of the Township Planning Commission, Township Engineer, and/or Building Inspector in this regard.
(3)
Permitted latitude. The replacement building shall generally conform to the existing building's documented characteristics, but these features need not be exactly duplicated. In addition, the new building's width and height may be increased by a maximum of 25% to allow for practical interior room dimensions and practical use of standardized building materials, subject to the maximum limits in § 170-89, Dimensional regulations.
(4)
Upgraded alternative. When an applicant's documentation proposes an alternative replacement building that the Board of Supervisors agrees is superior to simply replacing the characteristics of the existing building, the Supervisors may approve an upgraded replacement building proposal. The Board of Supervisors may request the advice of the Township Planning Commission, Township Engineer, and/or Building Inspector in this regard. The upgraded alternative shall be a minimum of two stories, with suitable architectural characteristics, including a front porch, reflecting the architectural heritage of the Central Perkiomen Valley.
(5)
Relocation.
(a)
If the existing building is located within the minimum front yard setback from the ultimate right-of-way of Route 29 or 73, the replacement building may be shifted on the lot, but not further back than the minimum twenty-five-foot front yard setback.
(b)
If the existing building is located within a side yard setback area, the replacement building may be shifted on the lot to provide the minimum side yard setback.
C.
Modification and expansion of replacement buildings. When a replacement building has been approved by the Board of Supervisors, it shall be considered an existing principal building and any modifications and/or expansion shall comply with the requirements of § 170-90, Regulations for existing principal buildings, herein.
§ 170-90.2 Development regulations for all principal buildings.
All principal buildings shall comply with the standards of this section.
A.
Architectural characteristics.
(1)
The architectural characteristics of all buildings with a footprint up to and including 15,000 square feet shall reflect the historical multistory residential characteristics of existing buildings in the village, including scale, proportions, window and door openings, facade variations, porches, and rooflines. Minimum height shall be 1 1/2 stories, with rooflines at a pitch of eight to 12 for a minimum of 50% of the building foot print, and a minimum pitch of five to 12 for the remainder of the roof. For expansion or replacement of existing buildings, the pitch may be equivalent to the original existing building's roofline.
(2)
For buildings larger than 15,000 square feet, the architectural characteristics shall reflect the historical multistory residential characteristics of existing buildings in the village to the greatest extent feasible, with facade design that takes on the appearance of two or more smaller buildings attached together. Pitched rooflines shall be required for a minimum of 50% of the building footprint, at a minimum pitch of five to 12.
(3)
Large buildings for indoor amusement or recreation, indoor sports facility, hotel, motel, or supermarket shall incorporate major architectural features into the building designs, including canopies, towers, offset facades, and three-dimensional ornamental structures for variety and interest. These features should reflect the historical multistory residential characteristics of existing buildings in the village to the greatest extent feasible and include pitched rooflines, gables, and dormers as appropriate.
B.
Other building characteristics.
(1)
Building entrances for everyday use shall be visible and accessible from a network of street sidewalks, sidewalks along parking areas, and walkways or courtyards between buildings.
(2)
Buildings with multiple leaseholds shall have at least one everyday entrance along the facade facing the street.
(3)
Locations of building entrances shall be emphasized by appropriate building articulation, such as chamfered corners, turrets, porches, canopies, or other similar building features.
(4)
Building materials such as brick, stone, stucco, and wood shall be integrated into the building facades consistent with the architectural heritage of the Central Perkiomen Valley Region.
(5)
Side and rear building facades shall be constructed of materials similar to and compatible with the character, color scheme, and architectural features of the buildings' front facades.
§ 170-90.3 Village market place conditional use standards and criteria.
A village market place may be permitted only when authorized by the Board of Supervisors as a conditional use in compliance with § 170-31, Conditional use applications, of this chapter, and the standards and criteria herein.
A.
Village market place concept. In support of the objectives listed in § 170-85, herein, a village market place shall have a unified site design planned for safe, efficient, and convenient operation, that includes a harmonious arrangement of three or more architecturally compatible buildings, fully integrated with the character and functions of adjoining development in the village, including attractive and functional landscaped areas, and vehicular and pedestrian circulation, parking and service areas.
B.
Pedestrian access. Pedestrian access shall be provided into, within, and through the village market place by a network of street sidewalks, sidewalks along parking areas, and walkways or courtyards between buildings, interconnected with the pedestrian network of the village.
C.
Dimensional and development standards for the village market place.
(1)
Composition. The village market place shall contain a freestanding supermarket (grocery/food store) and a minimum of two additional freestanding buildings that comply with the development standards of the VMU District regarding maximum footprint, number of stories/height, and architectural characteristics.
(2)
Supermarket building dimensions.
(a)
Maximum store size. The supermarket footprint shall not exceed the sum of the footprints of the additional freestanding buildings in the village market place, and in no case shall be larger than 50,000 square feet of gross leasable area. Total building coverage (footprints) in the village market place shall not exceed 100,000 square feet.
(3)
Other building standards. The other buildings within the village market place shall comply with the dimensional and development standards otherwise applicable to principal buildings in the Village Mixed-Use District.
(4)
Vehicular access, parking, and loading.
(a)
Vehicular access. Vehicular access for the village market place shall be provided only from local access streets within the Village Mixed-Use District, not directly from arterial streets.
(b)
Parking. No parking shall be located between the buildings and abutting property zoned or used exclusively for residential purposes.
(c)
Loading area orientation. Service/loading areas for the village market place shall not face adjoining property that has been developed for residential use unless the nearest dwelling is located at least 200 feet beyond the property line.
D.
Additional overall standards for a village market place.
(2)
Parking standards.
(a)
Parking capacity. Total parking capacity for a village market place shall be a minimum of 4.5 spaces per 1,000 square feet of gross leasable retail area.
(b)
Additional capacity. Any spaces proposed at a rate greater than 5.0 spaces per 1,000 square feet of gross leasable retail floor area shall be placed in reserve, in compliance with § 170-131B, Parking reserve areas, of this chapter. Spaces placed in reserve shall not be constructed until approved or requested by the Board of Supervisors.
[1]
Shared parking. If the adequacy of proposed parking capacity is questioned by the Township's consultants or Planning Commission, the Township Planning Commission may request the applicant to provide convincing evidence to demonstrate adequacy, consistent with accepted industry standards, in compliance with § 170-131A, Shared parking requirements, of this chapter.
[2]
Parking space size. Village market place parking spaces shall be a minimum of 10 feet by 20 feet.
E.
Central common area. A village market place shall provide a central common area suitable for shared use by tenants, customers and visitors for special events such as cultural performances, exhibitions, health fairs, sidewalk sales, community events, and for routine use as a focal point, sitting area, and meeting place. Each central common area shall comply with the following standards:
(1)
It may be an atrium, courtyard, plaza, or village green prominently located among the principal buildings, visible from entrance driveways and the parking lot, or centrally located among the village development adjoining the village market place.
(2)
It shall have walkways, seating and landscaping. Water features, performance stage, and table facilities for adjacent restaurants are encouraged.
(3)
The total area shall be a minimum of 15% of the gross leasable ground floor area of all the buildings in the center. Where superior site design and function may be achieved, the Board of Supervisors may allow the area to be divided into two separate locations.
(4)
A minimum of 30% of the central common area shall be ornamentally landscaped (may include water features). The landscaped area may be included in calculation of the minimum 35% landscaped area of the site required by § 170-90.3D(1)(b), herein.
(5)
The minimum required space for a central common area shall not include paved areas used for parking, service or driveways, required storefront landscaping, softening and screen buffers, required parking lot planting, and commercial recreation facilities.
F.
Village market place development regulations.
(1)
Village market place design standards. Development shall comply with the design standards for parking lots, driveway hierarchy, and landscaping of Chapter 145, Subdivision and Land Development, applicable to village market place.
(2)
Equipment screening. Mechanical and utility equipment shall be screened from public view by means of architectural features when projecting from the tops of buildings, and by landscaping when located on the ground.
§ 170-90.4 Additional standards for development with single-family detached dwellings.
Subdivision proposals to create new building lots for single-family detached dwellings shall comply with the following standards:
A.
A minimum of 50% of the parcel's original land area shall be used for nonresidential uses or for buildings with a mix of nonresidential and residential uses in each building.
B.
A maximum of 25% of the parcel's original land area may be used for new lots for single-family detached dwellings (SFD).
C.
An area at least equal to the total area of lots proposed for SFD shall be permanently preserved as common open space.
D.
Existing parcels smaller than 50,000 square feet in area may be developed entirely for single-family detached dwellings.
E.
Any existing lot may be developed with one single-family detached dwelling as a principal use.
F.
All development shall comply with the dimensional and development standards of this district otherwise applicable to the types of development proposed.
§ 170-90.5 Regulations for all uses with drive-through facilities.
A.
Drive-through areas shall have a minimum of a five-car stacking lane for each window, including the space at the window itself, unless reduced by the Board of Supervisors with the advice of the Township Planning Commission and Engineer to no less than a three-car stacking lane.
B.
The stacking lanes shall not interfere with other parking spaces or internal vehicular or pedestrian circulation.
§ 170-90.6 Conditional use standards and criteria for all conditional uses.
A.
The proposed use shall not cause undue noise, glare or pollution of the surrounding areas, as determined by the Board of Supervisors, upon recommendation by the Township Engineer and Township Planning Commission.
B.
Any visual or functional conflicts between the proposed use and surrounding existing uses shall be kept to a minimum. Increased setbacks, planted buffers, wooden fences or other measures may be required by the Board of Supervisors to minimize potential conflicts, or to reduce anticipated levels of noise. Visual and functional conflicts include, but are not limited to, loading docks, parking lots, service driveways, or large nonresidential buildings adjacent to residential neighborhoods or open space areas, without adequate buffering.