Pocopson Township City Zoning Code
ARTICLE V
C-1 Neighborhood Commercial District
§ 250-27 Statement of intent.
A.
It is the intent of the C-1 Neighborhood Commercial District to provide for retail and service establishments that are local in scale and that principally serve Township residents within a neighborhood setting. The C-1 District is not intended to accommodate highway-oriented business nor to attract significant through traffic. The district is located both to reflect existing uses within the Township and to provide for additional sites that can assure well-managed access, avoid incompatible uses, and minimizing natural constraints.
B.
In all areas designated on the Zoning Map as C-1 Neighborhood Commercial, the following regulations shall apply.
§ 250-28 Use regulations.
[Amended 7-13-2015 by Ord. No. 3-2015; 2–26–2001 by Ord. No. 2–2001; 5–24–2004 by Ord. No. 2–2004; 1-24-2022 by Ord. No. 1-2022]
A.
Permitted uses: A building or combination of buildings may be erected, altered, or used, and a lot may be used or occupied, as a matter of right for any one or more of the following purposes, and no other:
(1)
Retail use but not including the sale or dispensing of gasoline or other fuel products subject to motor fuel taxes, whether as a principal or accessory use.
(2)
Personal service establishment.
(3)
Restaurant, including fast food restaurant and restaurant with drive-through, retail bakery, or other places serving food and/or beverages.
(4)
Office.
(5)
Bank or other financial institution.
(6)
Child day care.
(7)
Day care, adult.
(8)
Forestry and timber harvesting in accordance with § 250-87L.
(9)
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses; provided, however, that the sale or dispensing of gasoline or other fuel products shall not be considered an accessory use to any permitted use or conditional use.
B.
Conditional uses. Any of the following uses shall be permitted when approved as a conditional use by the Board of Supervisors, in accordance with the terms of this section and the standards and criteria contained in § 250-70 of this chapter:
(1)
Planned neighborhood center, which may contain any permitted use in the C-1 Neighborhood Commercial District, as provided in Subsection A, above or any uses permitted by conditional use as provided in this Subsection B.
(2)
Active recreation and commercial recreational use.
(3)
Veterinary hospital or animal clinic.
§ 250-29 Area and bulk requirements.
A.
Permitted uses. Any use permitted as of the right in the C-1 Neighborhood Commercial District shall comply with the following requirements:
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front yard: except where zoning regulations of § 250-15B require greater setbacks along designated roads, 55 feet where parking is provided in the front yard; 30 feet where no parking is provided in the front yard.
(4)
Minimum side yards: 50 feet aggregate; 20 feet minimum each.
(5)
Minimum rear yard: 40 feet.
(6)
Maximum total impervious surface coverage: 50%.
(7)
[1]Minimum vegetative cover: 35%. Not less than 10% of the lot shall be vegetated with such trees as will be necessary to provide drip line coverage of 1/2 of such area within five years of planting.
[1]
Editor’s Note: Former Subsection A(7), regarding maximum floor area ratio, was repealed 5-20-2019 by Ord. No. 5-2019. This ordinance also renumbered Subsection A(8) and A(9) as Subsection A(7) and A(8), respectively.
(8)
Maximum height of structures: three stories or 35 feet, whichever is less.
B.
Conditional uses. Any use that is permitted by conditional use in the C-1 Neighborhood Commercial District shall comply with the following requirements:
[Amended 1-24-2022 by Ord. No. 1-2022]
(1)
Minimum tract size: three acres.
(2)
Minimum area per individual use: 20,000 square feet.
(3)
Minimum tract width: 250 feet.
(4)
Minimum front yard: except as provided in § 250-15B, 55 feet where parking is provided in the front yard; 30 feet where no parking is provided in the front yard.
(5)
Minimum side and rear yards: 50 feet where the tract abuts a nonresidential district or use; 100 feet where the tract abuts a residential property line or zoning district boundary.
(6)
Minimum parking area setback: 10 feet from any nonresidential property line or zoning district boundary; 50 feet from any residential property line or zoning district boundary.
(7)
Maximum total impervious surface coverage: 55%.
(8)
Maximum floor area ratio: 35%.
(9)
Minimum vegetative cover: 35%. No less than 10% of the tract shall be vegetated with such trees as will be necessary to provide drip line coverage of 1/2 of such area within five years of planting.
(10)
Maximum height of structure: two stories or 25 feet, whichever is less.
§ 250-30 Site development standards.
A.
General standards. The following standards shall apply to all uses within the C-1 Neighborhood Commercial District:
(1)
There shall be a maximum of one access for each road footage which may consist of a combined point of ingress and egress or separate points of ingress and egress, one each. The minimum distance between access points on any adjacent properties along Routes 926 or 842 shall be 300 feet, measured along both sides of the highway.
(2)
There shall be a frontage landscaped area provided at the street right-of-way line, extending a minimum of 10 feet into the front yard, and extending the entire frontage. Any paved area between the street right-of-way line and the edge of the cartway also shall be continuously maintained as a landscape area. No improvements other than access drives shall be permitted within these landscape 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. Unless shown by the applicant to be infeasible, species selected shall be native to the region.
(3)
All parking areas shall be landscaped, with planting areas with a minimum dimension of eight feet by 20 feet.
[Amended 11-28-2005 by Ord. No. 3-2005]
(4)
There shall be a landscaped buffer along all property lines which abut a residential use of district boundary. Plantings within the buffer shall have a minimum depth of 30 feet and be in accordance with § 250-46B of this chapter. Earthen berms in buffer areas may be required where vehicle lights would shine onto residential properties.
(5)
Unless adequate provision exists for off-site sewage disposal, there shall be a minimum contiguous area (as more definitely described in § 250-86) not less than 25% of the tract area, but in no case is less than 20,000 square feet.
(6)
Any use in the C-1 Neighborhood Commercial District shall be such that it:
(a)
Does not engage in the storage of nonhazardous waste material, as defined by the Pennsylvania Act 97 of 1980, as amended (Solid Waste Management Act),[1] on the lot for any period beyond 30 days.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(b)
Does not engage in the production, treatment, or storage of toxic or hazardous waste, as defined by Pennsylvania Act 97 of 1980, as amended (Solid Waste Management Act).
(c)
Does not utilize toxic or hazardous materials in any operation or activity on the site.
B.
Planned neighborhood center: additional standards. The plan shall also identify specific ownership and maintenance responsibilities of the lot, buildings, structures, and other improvements including sewage and water supply sources.
(1)
A single shared access shall be provided in order to limit new accesses onto existing roads. 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.
(2)
Entrances shall be a minimum of 25 feet wide and have a minimum depth of 40 feet before intersected by an internal access aisle.
(3)
Parking requirements shall be calculated in accordance with § 250-88B. Parking facilities may be designed as a common parking lot, provided the required number of parking spaces is provided for each use.
(4)
Parking spaces shall be set back a minimum of 20 feet from the perimeter of each building in order to establish fire lanes of sufficient width to permit the ingress, egress, and mobility of fire emergency equipment, and all such fire lanes shall be continuously posted as reserved for such purpose and specifically prohibiting all parking, stopping, or standing within fire lanes.
(5)
Only one freestanding sign shall be permitted on a planned neighborhood center tract. Such sign may serve as a directory to uses on the tract. All individual signs shall be mounted to the building or structure housing the use. Signs shall be designed in accordance with Article VIII.
§ 250-31 Design standards.
The following design standards contained in other sections of this chapter and in other Township regulations shall apply to the C-1 Neighborhood Commercial District, except where more explicit or restrictive standards have been established in § 250-30.
A.
Landscaping standards, as established in § 250-46B of this chapter.
B.
Access and traffic control standards, as established in § 250-90 of this chapter.
C.
Interior circulation standards, as established in § 250-88B of this chapter.
D.
Exterior lighting standards, as established in § 250-95 of this chapter. In addition, parking areas shall be illuminated to a minimum of 0.8 footcandle. The maximum permitted mounting height for lamps or luminaires shall be 20 feet.
[Amended 11-28-2005 by Ord. No. 3-2005]
E.
Off-street parking, as established in § 250-88B of this chapter.
F.
Off-street loading, as established in § 250-88C of this chapter.
G.
Storage, as established in § 250-91 of this chapter.
H.
Erosion/sedimentation control and stormwater management, as established in Chapters 170 and 178 and §§ 190-33 and 190-37.
[Amended 5-9-2011 by Ord. No. 1-2011]
§ 250-32 Plan submission requirements.
In order to demonstrate the compliance with the terms of this article, any applicant proposing any use authorized by right within the C-1 Neighborhood Commercial District shall submit a plan (map and text) to the Township Zoning Officer, describing specifically how each standard in §§ 250-29, 250-30, and 250-31 shall be addressed. Where the proposed use constitutes a subdivision or land development, as defined by the Township Subdivision and Land Development Ordinance, the plan submission requirements of that ordinance shall supersede the provisions of this section. For any conditional use application, the submission requirements under § 250-70 of this chapter shall govern, and the plan submitted shall demonstrate the compliance with the terms of §§ 250-29, 250-30, and 250-31. Any plan also shall include a certification from the chief of the servicing fire company as to the adequacy of access for emergency vehicles and the sufficiency of available water for fire-fighting purposes. Where the water source is off-site, suitable arrangements to assure access at all times shall be demonstrated by the applicant.
§ 250-33 Conditional use standards and criteria.
In addition to all other applicable requirements of this chapter, any proposal for a planned neighborhood center in the C-1 Neighborhood Commercial District shall be evaluated by the Board of Supervisors in terms of its compliance with the following standards and criteria:
A.
Ownership.
(1)
The tract of land to be developed shall be 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 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. If ownership of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.
(2)
Ownership and management of sewage, water supplies, and stormwater management facilities shall be in one ownership unless it can be demonstrated that regular maintenance and management can be assured by one entity while ownership is separated. In any case, a single entity shall be responsible for management and answerable to the Township.
B.
Development plan. The application for conditional use approval shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall be consistent with the requirements of § 250-70, and shall show in sufficient detail the proposed development uses and nondevelopment uses of the tract.
C.
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.
D.
General performance standards. The proposed planned neighborhood center, and any use proposed to be located on the tract, shall be shown to be in full compliance with the standards contained in Article IX of this chapter.
E.
Design compatibility. Compatibility of the planned neighborhood center with its physical surroundings shall be demonstrated, particularly with respect to architectural design and building materials. The means of screening solid waste facilities, air-conditioning equipment, and similar mechanical equipment shall be demonstrated. The Board may, as it deems appropriate, request a signage plan showing proposed location, construction, and message of each intended sign.
F.
Traffic impact. The Board may require that a traffic impact study by consultants from a list of three supplied by the Township be prepared and submitted as a part of any application for a planned neighborhood center. The content of the stuffy shall be such as to enable the Board to assess the likely impacts of the proposed development on the existing transportation network of the Township and surrounding areas. The purpose of the study is to identify any traffic problems likely to result from the proposed development in relation to ingress/egress, road capacities, off-site traffic flow, public transportation, and pedestrian and other nonvehicular circulation. The Township shall review the methodology, assumptions, findings, and recommendations of the study. The Board, upon recommendation from the Township Engineer or its own traffic consultant, may impose upon the applicant additional improvements or conditions deemed necessary to accommodate impacts of the proposed development.
G.
Water supply and quality.
(1)
The Board shall require documentation from the applicant regarding the quality and quantity of the proposed water supply for the number and types of uses proposed within the planned neighborhood center. A water budget shall be prepared for the site consisting of a fracture trace analysis, soils percolation analysis, rainfall percolation as related to stormwater management facilities, water use, and on-site sewage return to groundwater. The water budget will indicate total groundwater withdrawal and total recharge and returns to groundwater. The Board shall, as it deems necessary, consult with the Township Engineer and/or the Chester County Health Department on the quality and quantity of the proposed water supply, and shall deny the conditional use application, or require its modification as to the number and/or types of uses proposed, where the proposed water supply is determined to be of insufficient quality and/or quantity.
(2)
Where the uses proposed for a planned neighborhood center will, in combination, result in demands on the groundwater supply that are deemed by the Board to be excessive in relation to tract size and soil absorption capabilities, the applicant may be required to establish a minimum contiguous area suitable for on-site sewage disposal that is in excess of the minimum area stipulated in § 250-30A, above. Issuance of a use and occupancy permit for any subsequent change in use within the planned neighborhood center shall be subject to the same contingency, where the proposed new use will place a greater demand on the water supply than did the prior use.
H.
Management plan.
(1)
The applicant shall set forth a narrative plan for the repair, maintenance and replacement, and management of the following:
(a)
Refuse storage and collection facilities and servicing.
(b)
Landscaping.
(c)
Lighting.
(d)
Water supply system.
(e)
Sewerage and sewage treatment system.
(f)
Stormwater management facilities.
(g)
Roads and parking areas.
(h)
Signage.
(i)
Other identified by the applicant or Board.
(2)
Where the tract will not be in single and separate ownership, the method by which unified management and consistent maintenance of the above items is to be effected shall be spelled out and restrictions and covenants for such purposes identified and the annual costs for maintenance, repair, and replacement for each owner shall be projected over a ten-year period. Each owner shall be provided a copy of the approved management plan by certified mail.
