West Norriton Township
City Zoning Code
City Zoning Code
PART 10
LC&I LIMITED COMMERCIAL AND INDUSTRIAL DISTRICTS
§ 27-1001 Use Regulations.
[Ord. 524, 12/31/1991; as amended by Ord. 547, 5/13/1996, §§ II-IV; by Ord. 562, 3/8/1999, §§ 3, 4; by Ord. 564, 9/7/1999, § 3; by Ord. 596, 9/7/2004, §§ 1, 2; by Ord. 09-637, 5/12/2009; by Ord. No. 2023-765, 12/12/2023]
A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other; provided that no use is permitted which is noxious or offensive by reason of odor, dust, dirt, fumes, smoke, gas, vibration or noise; or which is dangerous or inimical to the public health, safety and general welfare; or which shall constitute a public nuisance or hazard; or which entails the retail sale of goods, merchandise or products other than food and drink served or dispensed in restaurants, commissaries or canteens:
A.
Dwelling quarters in connection with any permitted establishment for watchman and caretaker employed upon the premises.
B.
Restaurant, commissary, canteen.
C.
Hospital, infirmary, clinic.
D.
Office building, business or professional offices, studio, financial institution.
E.
Technical training schools; laboratories for scientific, agricultural or industrial research, including manufacturing and testing of prototypes; electronic media facilities.
F.
Wholesaling, warehousing, distributing, trucking, cold storage plant, frozen food locker.
G.
Light manufacturing, including metalsmithing, extrusion of small metal sections and plastics, welding, body building and repairing, plating, manufacturing or processing of beverages, confections, candy, baked goods, cream and all food products (exclusive of meat or fish packing); ceramics, apparel, plastics, electrical appliances and apparatus, furniture, hardware, plumbing supplies, tools, dies, patterns, scientific instruments, jewelry, time pieces, optical goods, photographic appliances and supplies, musical instruments, toys, cosmetics, tobacco products, drugs, signs, instruments. Nothing herein is intended to permit the actual manufacture of plastics or of tobacco products in this district.
H.
Manufacturing of products from the following previously prepared materials: wood, glass, metal, textiles, cork, leather, bone, horn, shell, plastics, ceramics, fur, feathers, hair, rubber, paper and allied products.
I.
Printing and publishing.
J.
Cleaning, laundering, dyeing.
K.
Electrical substations.
L.
Private day-care centers.
O.
Any use of the same general character as any of the uses hereinbefore specifically permitted when authorized as a special exception.
P.
Accessory use on the same lot customarily incidental to any of the foregoing uses.
Q.
Unified Development. A unified development consisting of any one or a combination of the following uses, as a conditional use when authorized by the Board of Commissioners in accordance with the development standards contained in § 27-1008, herein, the procedures outlined in § 27-1708 of this chapter, the provisions of § 27-1803, Subsection 2(C), of this chapter, and the procedural requirements included in the Pennsylvania Municipalities Planning Code:
(1)
Any use permitted in the LC&I Limited Commercial and Industrial Districts by right or special exception.
(2)
Any use permitted in the Commercial Districts by right or special exception.
(3)
Any of the uses currently permitted in the R-R Retirement Residential Districts, separately or in any combination excluding independent living units.
(4)
Assisted care for the elderly.
(5)
Day care for children and the elderly.
(6)
Motel.
(7)
Conference and/or convention facility.
(8)
A personal use heliport/helistop as defined in § 27-1502 of this chapter, meeting all applicable standards contained in §§ 27-1503 and 27-1604 of this chapter; provided, however that said use shall be accessory to another use(s) permitted herein. Said use shall be included within the conditional use approval prescribed by this section; separate special exception approval as may be otherwise required by § 27-1503 shall not be required.
(9)
Indoor/outdoor recreation; indoor fitness and exercise facility. Outdoor recreation uses shall be subject to the requirements of §§ 27-1202 and 27-1207 of this chapter. When an outdoor recreation use is accessory to another permitted use herein, it shall be located in such a way that it does not conflict with on-site circulation or any drive-through facilities.
(10)
Parking structures.
(11)
Apartment house, provided that the entire area to be developed as a unified development must be adjacent to an existing residentially zoned district and contain a minimum of 10 acres. In no event shall the maximum height of a building used solely for residential, including parking, exceed 60 feet nor shall it contain more than four stories.
(12)
Unified developments consisting of residential or apartment house uses shall be governed by the following densities:
(a)
The total number of dwelling units shall not exceed 32 dwelling units per acre of total tract area.
(b)
A unified development containing residential or apartment house uses shall be permitted 200,000 square feet of nonresidential use floor area. For each 1,000 square feet in addition to 200,000 square feet, the maximum permitted number of dwelling units shall be reduced by 2 1/2 dwelling units.
§ 27-1002 Outdoor Storage and Waste Disposal.
[Ord. 524, 12/31/1991]
1.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel for railroad locomotive fueling or directly connecting with energy devices, or appliances located on the same lot as the tanks or drums of fuel, are excluded from this provision.
2.
All outdoor storage facilities for fuel, raw materials, equipment and products and all fuel, raw materials, equipment and products stored outdoors shall be rendered as inconspicuous as practicable, either by fencing or planting. For purely temporary storage, no fencing or planting shall be required, but no such storage is permitted which is detrimental to the appearance of the district.
3.
No materials or wastes shall be deposited upon a lot in such form or manner that the same may be transferred off the lot by natural causes or forces.
4.
All materials or wastes which may cause fumes, odors, dust or seepage, which may constitute a fire hazard, or which may be edible or otherwise attractive to animals or insects when stored outside, shall be stored in closed containers.
§ 27-1003 Limitations on Utility Requirements, Power, Electric, Diesel, Gas or Other.
[Ord. 524, 12/31/1991]
Every use requiring power shall be so operated that the service lines, substation and other facilities shall conform to the highest safety requirements known. Substations and other facilities shall be so constructed and installed as to be an integral part of the architectural features of the plant and, if visible from abutting resident properties, shall be concealed by coniferous planting where possible.
§ 27-1004 Waste, Industrial or Sewage.
[Ord. 524, 12/31/1991]
No use of the premises shall be so conducted as to discharge any untreated sewage or industrial wastes into any reservoir, lake, stream or drainage area. All methods of sanitary sewage and industrial waste treatment and disposal shall be approved by sanitary engineers or other qualified persons employed by the Township at the expense of the owner of the premises. Where the sanitary sewers of the Township Municipal Authority are involved, approval of the Authority Board shall be required.
§ 27-1005 Site Limitations.
[Ord. 524, 12/31/1991]
The following limitations shall apply to the location of buildings on the site:
1.
Front Yards. The required minimum depth of a front yard shall be 50 feet from the property line. Wherever corner property is involved the required minimum depth of a front yard shall apply to all frontages.
§ 27-1006 Exceptions for Side and Rear Yards.
[Ord. 524, 12/31/1991]
In no case shall any building or structure be erected closer than 200 feet to any residence district, nor any parking area closer than 100 feet to any Residence District; provided, however, that where a district boundary line is located in the bed of a street or highway, appearing on the general plan of Township streets and highways as of May 20, 1958, and such street or highway intervenes between a limited commercial and industrial district and a residence district, the foregoing provisions shall not apply. With the exception of the parking areas, such buffer areas shall be maintained as green areas entirely covered by properly maintained lawns or evergreen ground cover with suitable tree and shrub plantings.
§ 27-1007 Height Limitations.
[Ord. 524, 12/31/1991; as amended by Ord. 596, 9/7/2004, § 1]
Except as provided in § 27-1008, no building shall exceed 35 feet in height.
§ 27-1008 Unified Development Standards.
[Ord. 524, 12/31/1991; as added by Ord. 547, 5/13/1996, § V; as amended by Ord. 596, 9/7/2004, §§ 1, 3, 4]
Any application for use under § 27-1001P herein shall comply with the following standards:
1.
The development shall consist of a unified, harmonious grouping of buildings, service and parking areas and landscaped open space planned and designed as an integrated unit. A master plan showing the relationships among the various components shall be submitted in support of the conditional use application. Said master plan shall be conceptual only and shall not be required to meet the provisions for a preliminary plan as defined in the Subdivision and Land Development Ordinance [Chapter 22]; provided, however, that the location of steep slopes (those in excess of 15%), floodplains, wetlands and recorded easements and rights-of-way shall be delineated on the master plan. Design standards shall be incorporated into the application for conditional use approval and may be modified from time to time by resolution of the Board of Commissioners. Where residential use is a component of the master plan, then a plan detailing the manner in which public and private park and recreation facilities shall be provided, or the option of fee in lieu thereof, if acceptable to the Board of Commissioners shall also be incorporated into the application for conditional use approval.
2.
A minimum gross tract size of 25 acres shall be provided for the development, with a minimum width of 500 feet along at least one major street as said term is defined in the Subdivision and Land Development Ordinance [Chapter 22].
A.
Subdivision to create separate lots is permitted within a unified development; provided, that the development on said lots is done in accordance with the master plan required in accordance with Subsection 1 of this section, and that the development of said lots is reflected in the development agreement required by Subsection 4 herein.
3.
The tract 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 in which it is agreed that the tract will be developed under single direction in accordance with the master plan.
4.
The development may be executed in stages according to a phasing plan submitted by the applicant as part of the master plan and approved by the Township.
A.
Modifications to the phasing or master plan to account for changes in market conditions shall be submitted for approval by the Board of Commissioners. If modifications to the master plan are substantial, in that the changes would affect the type or location of uses or parking and access layout for 50% or more of the undeveloped portion of the tract, the Board of Commissioners may require a new conditional use approval pursuant to § 27-1708 of this chapter. Based upon the revised master plan, the Board may attach revised conditions and safeguards pursuant to § 27-1708, Subsection 4, of this chapter addressing the relevant development issue of the location of certain uses as they relate to adjacent properties.
B.
The development shall be executed in accordance with a development agreement. The owners, developer and Township shall enter into said agreement which shall embody all details regarding compliance with this section to ensure the blending nature thereof for the overall tract and its development. The agreement shall be recorded with the record plan for the first phase or entire tract, whichever is first recorded.
C.
In addition to conditional use approval and development agreement requirements as stipulated herein, the normal processes required for subdivisions and or land developments, pursuant to the requirements of the Code of Ordinances, as amended, as well as the Pennsylvania Municipalities Planning Code, shall be enforced for subsequent plan preparation and approval, improvement construction requirements, financial guarantees and other appropriate requirements.
5.
The following requirements prescribe the setbacks, coverages and landscaping applicable to any tract developed as unified development pursuant to § 27-1001P herein. These requirements shall apply to the tract as a whole, regardless of any subdivision which may be permitted pursuant to Subsection 2A of this section.
A.
Building coverage shall not exceed 60% of the gross tract area.
B.
Impervious coverage shall not exceed 80% of the gross tract area.
D.
Parking shall be set back a minimum of 10 feet from any tract boundary, except where greater setback is required to accommodate the plant strip required by § 27-1410J(5) of this chapter along any property line which is opposite or adjacent to a Residential or Apartment House District.
E.
Landscaping and buffering shall be provided in accordance with the requirements of § 27-1410J(5) and other applicable requirements of this chapter and § 507, Subsection 3D and E, of the Township Subdivision and Land Development Ordinance [Chapter 22] entitled respectively, "Landscaping" and "Buffer Planting Requirements."
6.
The maximum height for all structures in a unified development shall be regulated in accordance with the provisions herein. For all buildings permitted in excess of 35 feet, the applicant shall document compliance with all applicable Township life/safety codes and planned provisions for fire alarm and smoke-detection systems, as part of their conditional use application. The applicant shall also provide documentation concerning projected on-site manpower for assisting in firefighting and evacuation procedures. As part of a request to permit an office or hotel use in excess of 35 feet in height, the Board of Commissioners may condition such approval with the right to hire any consultants to review the plans for a high rise application and such approval shall also include provisions for special inspections by the Township Fire Marshall and other paid consultants of the Township to be reimbursed at applicant's expense. Specific height allowances are:
7.
Parking for a unified development in the LC&I Districts shall be based upon the sum of the parking required for the various uses contained in the development, based upon the following standards for the uses therein:
A.
For all retail uses, 5.0 spaces per 1,000 square feet of gross floor area.
B.
For hotel or motel use, 1.25 spaces per guest room.
C.
For a restaurant within a hotel or motel, 10 spaces per 1,000 square feet of area devoted to patron uses.
D.
For a conference facility, 20 spaces for each 1,000 square feet of gross floor area.
E.
For a convention facility, 30 spaces for each 1,000 square feet of gross floor area.
F.
For office uses, 4.0 spaces per 1,000 square feet of usable area.
8.
The Board of Commissioners, as part of the conditional use approval, may permit a reduction in the sum total of the parking for all of the uses shown on the master plan, based on the following:
A.
In the case of a unified development plan in which there are efficiencies derived by shared parking for uses which have complementary peak demands, the applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute) sufficient for the Township to determine the appropriate reduction.
B.
In the case of a unified development consisting solely of two or more contiguous uses of the same classification, the Board of Commissioners may permit a reduction of the aggregate amount of required parking based upon a determination that greater efficiency is effected by joint use of a common parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than 25%.
9.
The Board of Commissioners, as part of the conditional use approval, may permit parking reserve areas to be utilized. The provisions set forth in § 27-1410K of this chapter shall be used as a guideline by the Board. Parking reserve areas may be permitted by the Board in situations in which a reduction of parking pursuant to Subsection 7, above, is also allowed.
10.
Signs for a unified development in the LC&I Districts shall be based upon the following standards:
A.
A unified development may be provided with one ground sign identifying the name, address and major tenants of the unified development. The gross surface area for each sign shall not exceed three 350 square feet for each exposed face nor exceed an aggregate gross surface area of 700 square feet. The maximum height for such signs shall not exceed 35 feet as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower. The sign may be positioned along any street frontage, behind the ultimate right-of-way, that fronts upon a nonresidential use or nonresidential zoning classification.
B.
One ground sign shall be permitted for each vehicular access into a unified development. The gross surface area for each such sign shall not exceed 100 square feet for each exposed face, nor exceed an aggregate gross surface area of 200 square feet. The maximum height for such signs shall not exceed 35 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower; provided, however, that any ground sign placed along an adjacent roadway which abuts a residential district shall not exceed the gross surface area of 64 square feet for each exposed face, nor exceed an aggregate gross surface area of 128 feet.
C.
One additional ground sign shall be permitted for each freestanding building separated from the major building group(s) proposed in the unified development. The gross surface area for each such sign shall not exceed 64 square feet for each exposed face, nor exceed an aggregate gross surface area of 128 square feet. The maximum height for such signs shall not exceed 25 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, which ever is lower; provided, however, that any ground sign placed along an adjacent roadway pursuant to this subsection which abuts a Residential District shall not exceed the gross surface area of 32 square feet for each exposed face, nor exceed an aggregate gross surface area of 64 square feet.
D.
Wall signs shall be permitted on individual uses within the unified development. Wall signs shall be permitted for an individual use based upon the following regulations. The maximum gross surface area of such signs shall be as prescribed in Subsections 1, 2 and 3, listed below:
(1)
One square foot of sign area for each foot of distance a premises or building is set back from the ultimate right-of-way of the nearest adjacent roadway up to a maximum of 300 square feet; or,
(2)
Two square feet of sign area per linear foot of front building wall up to a maximum of 200 square feet.
(3)
In either case, the maximum sign area is limited to 25% of the area of the building wall, including doors and windows, to which the signs are attached.
(4)
In no event shall a wall sign be permitted to extend above the top elevation of the building wall to which the sign is attached; and, further, the height of the sign shall not be permitted to be greater than 35 feet above the ground elevation at the base of the building wall.
§ 27-1009 Standards and Regulations for Billboards.
[Added by Ord. 09-637, 5/12/2009]
1.
Legislative Intent.
A.
The regulations herein are designed to prevent the over concentration, improper placement, and excessive height, bulk, number and area of billboards. It is recognized that, unlike on-premises signs which are actually a part of a business, billboards are a separate and distinct use of the public thoroughfare.
B.
It is intended that billboards be located away from view of residential areas and that such signs be regulated to protect the character of the area in which billboards are located and to conserve property values in the area.
C.
The Board of Commissioners of West Norriton Township hereby finds that billboards may be allowed in appropriate areas when approved as a conditional use, but that a proliferation of such use endangers the Township and its neighborhoods of visual blight. Furthermore, billboards, with their periodically changing content, present special aesthetic and traffic safety problems to the traveling public.
2.
Permitted Uses.
A.
In addition to uses permitted in the LC&I Limited Commercial and Industrial District, off-premises commercial signage, along with its support structures, shall be permitted when authorized as a conditional use, said off-premises commercial signage being a sign which directs attention to a business, person, profession, product, home occupation or activities not conducted on the same premises (hereafter referred to as "billboards").
B.
These provisions shall apply only to the LC&I Limited Commercial and Industrial District properties which meet all of the following criteria:
3.
Dimensional Standards. The dimensional standards for all billboards in the LC&I District shall be as follows:
A.
Area. Only freestanding billboard sign structures shall be permitted. Such billboard structures shall be permitted to have one sign face visible from any direction, not exceeding a maximum area of 336 square feet per face. A maximum of two sides are permitted per billboard. A sign having two parallel faces with a separation between faces not to exceed five feet or a V-shaped sign with a horizontal angle not greater than 45° shall be permitted, with a maximum of 336 square feet per sign face.
B.
Height. No billboard sign face shall exceed 20 feet in height. The maximum overall height of an elevated billboard sign structure shall be 35 feet, measured from the elevation of the center-line grade of PA Route 363 directly in front of the billboard sign to the highest portion of the sign structure, including support structures and light fixtures.
C.
Yard Setbacks.
(1)
Right-of-Way. No billboard sign structure, or any part thereof, shall be erected or maintained within 25 feet of any ultimate right-of-way of a public street or road.
(2)
Front Yard Setback. The front yard setback for any other building or structure on the same lot as a billboard shall be calculated as running from the billboard sign face (i.e., not the right-of-way) for the entire length of the front yard.
(3)
Side or Rear Yards. No billboard sign structure, or any part thereof; shall be erected or maintained within 15 feet of any side or rear property line.
D.
No billboard sign structure, or any part thereof, shall be erected or maintained within 200 feet of any residential district, including those of a neighboring municipality.
E.
No billboard sign structure shall be erected or maintained within 500 feet of any other billboard sign structure on the same side of the public street or road.
F.
There shall be a minimum distance of 20 feet between a proposed billboard sign structure and any building or other structure.
4.
When the applicant for a billboard sign structure is other than the legal or equitable owner of the property in question, the application shall be accompanied by a lease agreement between the applicant and owner or some other writing signed by the legal or equitable owner indicating that the applicant has authority and permission to make the subject application in its own name.
5.
Compliance with Code Requirements.
A.
Any billboard sign structure hereafter erected or used shall conform to the provisions of this Part 10, and the provisions of the Township.
B.
No billboard sign shall be illuminated other than by external[1] sign illumination, and electrical services and wiring shall be installed in accordance with the requirements of the Township Building Code and National Electric Code and shall be certified by one of the approved electrical inspection agencies of the Township. Illumination shall be in compliance with all regulations of this chapter. All sign components, connections and installations shall conform to all electrical specifications of the National Electric Code and Underwriters' Laboratories and bear a UL seal. In no case shall any open spark or flame be used for display purposes. In no case shall any illumination consist of flashing or scrolling lights or changeable copy, except as may be provided herein. External illumination shall only be directed at the billboard itself and shall be directed and designed so as not to create a nuisance or hazard to motorists. In no case shall a billboard in total or in part consist of a beacon light, festoon lighting, flashing or intermittent illumination, animated sign, or moving sign.[2]
C.
Changeable copy.
(1)
Changeable copy shall be permitted at a maximum frequency of once per every three hours. All changeable copy on a billboard shall change uniformly and completely during a period of not longer than three seconds. Once changed, the copy of any part of the billboard shall not change again in less than three hours.
(2)
Billboards with changeable copy are permitted to have internal luminescence. Light source, brilliance levels and colors shall be subject to conditional use approval, which may include standards limiting the percent of white or light-color backgrounds to not greater than 50% of the surface area of the sign face of the billboard.
D.
Any applicant for a building permit for a billboard structure must submit to the Township a building and electrical permit application and calculations prepared by a licensed professional engineer certifying that the billboard meets or exceed industry standards for wind-loaded structures as a requirement for the permit.
6.
Maintenance.
A.
Every billboard sign and supporting structure must be constructed of durable materials and kept in good condition and repair at all times.
B.
Weeds shall be kept out from in front of, underneath, and around the base of all freestanding, elevated billboard signs and facilities.
C.
No rubbish or debris shall be permitted near any freestanding billboard sign structures, especially when such rubbish or debris might constitute a fire hazard.
D.
All billboard sign structures shall be kept clean and neatly painted.
E.
All billboard sign structures shall be kept free from all hazards such as, but not limited to faulty wiring or loose fastenings.
F.
All billboard sign structures shall be maintained at all times in such safe condition that they shall not be a danger to the public health and safety.