Upper Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE XXXI
Route 100 Commercial Overlay District
§ 350-205 Legislative intent; District boundaries and applicability.
The Route 100 Commercial Overlay District applies to an area presently zoned R-2, bounded in part by Route 100 on the east, the Upland Square Shopping Center, and the West Pottsgrove Township boundary line on the southwest, and as more specifically described in a map, which is attached hereto.[1] The intent of the Overlay District is to:
A.
Encourage retail and office uses in a location which forms a logical extension of the Upland Square Shopping Center.
B.
Generate economic benefits for the Township.
C.
Encourage attractive design.
D.
Mitigate impact of development on adjacent residential districts.
[1]
Editor's Note: A copy of the map is on file in the Township offices.
§ 350-206 Permitted uses and structures.
[Amended 4-18-2011 by Ord. No. 446; 5-20-2024 by Ord. No. 524]
In the Route 100 Commercial Overlay, in addition to any uses permitted in the R-2 Residential District, a building may be erected, altered, or used and a lot may be used for any of the following uses and no other, in compliance with the performance and dimensional standards contained in this article:
A.
By-right uses.
(1)
Retail store.
(2)
Wholesale office or showroom.
(3)
Restaurant, including restaurants with drive-up/drive-through service.
(4)
Bank, including banks with drive-up/drive-through service.
(5)
Professional office.
(6)
Studio for dance, music, fitness, art or photography.
(7)
Personal service shop.
(8)
Automobile fueling station.
(9)
Business or trade school.
(10)
Indoor amusement.
(11)
Medical clinic.
(12)
Grocery store.
(13)
Convenience store.
(14)
Parks or open space.
(15)
Hotel or motel.
C.
Criteria for special exception uses.
(1)
Car washes, provided that the following requirements are met:
(a)
All car washes shall be served by public sewer and public water facilities.
(b)
All washing and drying facilities shall be located entirely within an enclosed and roofed building, or roofed structure.
(c)
Each automatic car wash bay shall provide on-site stacking lanes to accommodate a minimum of five vehicles. Self-service car washes shall provide sufficient on-site stacking lanes to accommodate three vehicles per washing bay.
(d)
All car wash bays shall be oriented parallel to the street. In the case of a corner lot, the bays shall face the street of lower classification or as determined by the Board of Commissioners upon the recommendation of the Planning Commission.
(e)
On-site drainage systems shall be provided to prevent water runoff and freezing on streets and adjoining properties.
(f)
No accessory building shall be permitted.
(g)
On-site drainage systems will enter a water cleansing procedure enabling the water to be reused.
(2)
Veterinary clinic. Buildings shall be adequately soundproofed so that sounds generated within the building cannot be perceived at the lot boundary. No shelter, run, or structure that will contain animals at night shall be located within 100 feet of any property line or street line.
(3)
Nursery/garden center.
(a)
Outdoor storage shall be limited to 75% of the total site area.
(b)
All non-plant materials shall be stored and displayed behind areas that are clearly defined for such purpose, and are screened from public roads and residential properties.
(c)
Such uses shall have a defined pickup area that does not interfere with the flow of internal traffic or required parking areas.
(d)
Parked or idling commercial vehicles and outdoor storage areas shall be located at least 60 feet from residential property lines and street ultimate right-of-way lines.
(4)
The applicant shall be required to submit a sketch plan for all special exception uses set forth in this article.
D.
Accessory uses. Accessory uses are to be permitted when located on the same lot with and customarily incidental to any of the aforementioned permitted uses.
§ 350-207 Dimensional standards.
[Amended 5-20-2024 by Ord. No. 524]
A.
Where the Board of Commissioners has approved development plans in the Route 100 Commercial Overlay District for a tract, individual units, buildings, or parcels of land within the approved development may be subdivided, leased, purchased, sold, mortgaged, and developed as individual zero lot line unites with zero lot line setbacks from internal parking and building lines. access to individual lots so created shall be taken only from within the development.
B.
Table.
Dimensional Table | |
|---|---|
Lot area, minimum1 | 10,000 square feet2 |
Lot width, minimum | 100 feet |
Yards, minimum | |
Front | 10 feet |
Side | 15 feet (minimum two yards) |
Rear | 15 feet |
Coverage limits | |
Impervious coverage | 80% |
Height, maximum | 35 feet or 3 stories3; 15 feet for accessory structures |
Setbacks | |
- Minimum building setback from existing dwelling | 50 feet |
- Minimum building setback from property line | 15 feet |
Accessory use, from principal use or existing dwelling | 50 feet |
Parking spaces, aisles, and driveways, from buildings4 | 5 feet |
NOTES: | |
|---|---|
1 | The minimum lot area for grocery stores and convenience stores without gasoline pumps shall be 30,000 square feet, and one acre if they have a gasoline dispensing station. |
2 | The minimum lot size for car washes shall be 15,000 square feet. |
3 | Hotels or motels shall not exceed 50 feet in height. |
4 | Excludes projecting drive-through window areas. |
§ 350-208 Parking and access.
§ 350-209 Landscaping, buffers and screens.
[Amended 4-18-2011 by Ord. No. 446; 5-20-2024 by Ord. No. 524]
In the Pennsylvania Route 100 Commercial Overlay District, the following landscaping regulations shall supersede the corresponding provision(s) of the Subdivision and Land Development Ordinance:[1]
A.
Where a proposed land development abuts a residential use, a property line buffer shall be required:
(1)
The buffer shall be a minimum of 10 feet in width. The buffer shall consist of an opaque fence or wall supplemented by vegetation. The vegetation outside the fence or wall shall consist of a softening buffer (one canopy tree of 2.5 inches minimum caliper, two understory trees of 1.5 inches minimum caliper, and two evergreen trees of eight feet minimum height per 100 lineal feet). The buffer shall contain five-foot breaks no closer than 50 feet apart for maintenance and access. Fences or walls shall have a minimum height of five feet.
B.
Refuse and recycling collection receptacles and area shall be screened from view of any adjacent property with one of the following:
(1)
An opaque wall or fence six feet in height. Walls or fences shall be constructed of materials other than chain link, chain link with slats, or unpainted cinder block, and shall be equipped with a self-closing gate. When approved by the Board of Commissioners, cinder blocks shall be painted to match the principal building.
(2)
Evergreen shrubs planted at least four feet in height, in a planting area at least five feet in width.
§ 350-210 Utilities.
All new development shall be required to connect to public sewer and water, and provide the necessary infrastructure to do so.
§ 350-211 Signs.
§ 350-211.1 Definitions.
[Added 5-20-2024 by Ord. No. 524]
A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this section, include the following types:
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this section, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
A sign with the capability of content change by means of manual or remote input, includes the following types:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message center."
The amount of time a message and/or graphic is displayed on an electronic message sign.
A mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
An electronic message sign frame effect in which the illusion of motion and/or animation is used.
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source. (See also following terms principally associated with electronic message centers: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, travel.)
A mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
A complete, static display screen on an electronic message sign.
A visual effect on an electronic message sign applied to a single frame. See also "dynamic frame effect."
A sign that has the capability to revolve 360° about an axis. See also "animated sign, mechanically activated."
A mode of message transition on an electronic message sign in which the message appears to move vertically across the display surface.
A visual effect used on an electronic message sign to change from one message to another.
A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface.
§ 350-211.2 Electronic message centers.
[Added 5-20-2024 by Ord. No. 524]
A.
In the Overlay District, the maximum height of any freestanding sign shall be 35 feet.
C.
Only one side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45°, and the two faces are not more than 36 inches apart. Where the faces are not equal in size, but the interior angle formed by the faces is less than 45° and the two faces are not more than 36 inches apart, the larger sign face shall be used as the basis for calculating sign area.
D.
In the Overlay District, each freestanding sign, including signs that feature more than one tenant, shall have a maximum area of 350 square feet.
E.
Additional general EMC regulations:
(1)
An EMC sign may be a portion of a building sign or freestanding sign or may comprise the entire sign area.
F.
All EMC display features and functions are permitted, with the exception of (a) flashing, which is prohibited, and (b) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC. Full-motion video as described shall be permitted by special exception only.
§ 350-211.3 Sign illumination standards.
[Added 5-20-2024 by Ord. No. 524]
EMCs may be illuminated consistent with the following standards:
A.
A sign may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of 750 cd/m2 or Nits.
B.
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
C.
All illuminated signs must comply with the maximum luminance level of 750 cd/m2 or Nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
D.
On-premise signs do not constitute a form of outdoor lighting at night, and are exempt from any other outdoor lighting regulations that the Board of Supervisors has adopted, or will adopt in the future.
§ 350-211.4 Wall signs.
[Added 5-20-2024 by Ord. No. 524]
The following sign regulations shall supersede the corresponding provisions of § 350-139.
A.
Each wall sign shall have a maximum area of 20% of the exterior wall area of the wall to which the sign is attached (including window and door area and cornices).
B.
The total area of all wall, awning/canopy, and projecting signs shall be limited to 1.5 square feet per one linear foot of building frontage that faces a public street or public parking lot, subject to maximum size limitations based on sign type.
§ 350-211.5 Directional signs.
[Added 5-20-2024 by Ord. No. 524]
Directional signs may contain commercial messaging and logos and may be internally illuminated.
§ 350-212 Design.
[Amended 5-20-2024 by Ord. No. 524]
A.
Rooftop HVAC and other mechanical equipment shall be hidden from view by the roof line or parapet.
B.
Sidewalks and crosswalks:
(1)
Shall connect entrances of all nonresidential uses to parking areas and on-site sidewalks.
(2)
Shall extend along the full facade where customer entrances are located, with a minimum width of five feet.
(3)
Crosswalks shall be established where pedestrians must cross an access driveway when walking from a parking space to a building. The crosswalk shall be at least six feet wide, and be designed with either a "hatch" pattern, or with decorative treatment (through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort).
C.
Principal buildings shall have clearly defined, highly visible customer entrances with defining features such as canopies, porticoes, arches, landscaped areas, or areas for sitting.
D.
Facades may be longer than 200 feet if they utilize significant plane changes or changes in materials. Plane changes must consist of angle changes of 45 to 90 degrees at least three feet in depth, running the vertical extent of the facade.
§ 350-213 Lighting.
[Amended 5-20-2024 by Ord. No. 524]
A.
Lighting facilities shall not produce unreasonable amounts of light, nor any glare or hazardous interference on abutting properties or highways. Any light fixture higher than three feet above grade shall be shielded to direct light downward.
B.
Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 30 feet above finished grade. Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade.
C.
Lighting spillover onto residential lots shall not exceed 0.2 footcandles; lighting spillover onto nonresidential streets and rights-of-way shall not exceed 0.4 footcandles.
D.
Light fixtures shall not be located within parking lots unless they are installed within a raised barrier island, a minimum of five feet wide. Poles supporting lighting fixtures and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of five feet outside paved areas or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other Township-approved means. Pole-mounted fixtures for the illumination of horizontal surfaces shall be shielded to direct light straight downward.
E.
Lighting of nonhorizontal surfaces. For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures with lighting levels below the threshold in the table below are exempt from the requirements of this paragraph.
F.
Glare onto abutting properties shall be controlled primarily through the selection and application of lighting equipment. Only after these means have been exhausted shall vegetation, fences and similar screening methods be considered acceptable for reducing glare.
G.
No lighting facility shall have any blinking, flashing, or other illuminating device which has a changing intensity, brightness or color, nor is any beacon light permitted, except those required for fire alarm and/or emergency systems.
H.
No lighting facilities shall be located within required yard setback areas, except on parking lots, when permitted within required yard setbacks, and pedestrian walkways.
I.
Illumination of all nonresidential parking areas and along all pedestrian walkways shall provide a minimum of 0.2 footcandles.
J.
Parking facility and vehicular and pedestrian way lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours, or in an amount judged necessary by the Township engineer.
K.
Shielding requirements. A fully shielded fixture, where all light emitted is projected below a horizontal plane running through the lowest part of the fixture (equivalent to a total cutoff angle of less than 90 degrees), is required based on the lighting facility's lamp type consistent with the following:
Lighting Facility Lamp Type | Shielding Requirement (based on light emitted) |
|---|---|
Low/High-pressure sodium, mercury vapor, metal halide and fluorescent over 50 watts | Fully shielded |
Incandescent over 60 watts | Fully shielded |
Incandescent 60 watts or less | None |
Fossil fuel | None |
Any light source of 50 watts or less | None |
L.
Light emitting diodes (LEDs) are permitted as a lighting source on all lighting facilities.
§ 350-214 Noise control.
A.
No person shall cause, suffer, allow, or permit the operation of any sound source on a commercial property or public space or right-of-way in such a manner as to create a sound level that becomes a nuisance.
B.
No delivery, loading, trash removal or compaction or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m., unless the applicant proves to the satisfaction of the Board of Commissioners that berms, vegetative or other buffering, setbacks, etc. are sufficient.
C.
At no point on the boundary with the R-2 Residential District shall the sound pressure level of any operation exceed the described levels in the designated octave bands shown below for the districts indicated:
Sound Levels | ||
|---|---|---|
Octave Band in Cycles per Second | Along Residential District Boundaries: Maximum Permitted Sound Level in Decibels | At Any Other Point on the Lot Boundary: Maximum Permitted Sound Level in Decibels |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 62 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 32 | 39 |
Above 4,800 | 32 | 39 |
§ 350-215 Traffic study.
A traffic study shall be required for developments at the discretion of the Board of Commissioners, on recommendation from the Township Planning Commission. The study shall be conducted at the applicant's expense to demonstrate the impact of the proposal on the levels of service, a minimum distance of 1,000 feet from the property, which area could be increased based upon a recommendation from the Township Engineer.