Whitpain Township City Zoning Code
ARTICLE XX
VC Village Commercial District
§ 160-126 Intent.
In expansion of the statement of community development objectives contained in Article III, § 160-8, of this chapter and pursuant to the Whitpain Township Comprehensive Plan Update, it is hereby declared to be the intent of this article with respect to the Village Commercial District to allow for professional and business offices and certain commercial uses. Specifically, it is the intent of this article to:
A.
Allow professional and commercial uses adjacent to residential areas which would be compatible with residential uses, less intense and of smaller scale than uses typically associated with other commercial districts which will serve as a transition/buffer between existing intensive commercial use and residential areas.
B.
Encourage small-scale professional, business and certain commercial uses in existing structures, especially occupant-operated enterprises.
C.
Enhance the quality of nonresidential development by encouraging a residential character, limiting the scale of buildings, controlling parking and access and establishing design criteria for signage, lighting and increased landscape buffers.
D.
Encourage the preservation and enhancement of the residential character of neighborhoods adjacent to the district.
E.
Provide neighboring residential communities with opportunities for upscale retail services which are in close proximity and in harmony with the adjacent residential neighborhoods, thereby reducing travel distance and eliminating congestion.
F.
Prohibit strip-type and highway-oriented commercial appearance, incongruous architectural styles, excessive building and impervious cover and nonessential curb cuts.
G.
Retain and enhance to the greatest extent possible desirable characteristics of the site such as mature trees, historic structures and other site features; encourage the reuse of noteworthy structures, now or lately used as residences.
§ 160-127 Use regulations.
A.
A building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any one or more of the following purposes and no other:
(1)
A single-family dwelling, provided that the regulations of the R-2 Residence District shall be observed and shall apply to such use.
(2)
Business or professional offices; studios.
(3)
Bank, savings and loan association, financial institution.
(4)
Municipal uses, excluding a dump.
(5)
Telephone central office; telegraph or other public utility office; passenger station for public transportation.
(6)
Retail establishments for the sale of dry goods, variety and general merchandise, clothing, food, drugs, furnishings or other household supplies, sale and repair of jewelry, watches, clocks, optical goods or musical, professional or scientific instruments, bakery, confectionery or custom shop for the production of goods to be sold at retail on the premises, florist shops, pet stores or pet grooming establishments, wine and spirit stores; however, the retail or wholesale sale or storage of lumber, plumbing or other building materials or supplies shall not be permitted.
(7)
Restaurant, tearoom, delicatessen, retail bakery, confectionery or ice cream shop or other places serving food or beverages either enclosed or open air, provided that drive-in, drive-through or outside carry-out food counters shall not be permitted.
(8)
Personal service shop, including tailor, barber, beauty salon, dry cleaner, shoe repair, dressmaking or similar shop.
(9)
Any use of the same general character when permitted by special exception.
B.
Prohibited uses shall be as follows:
(1)
Entertainment facilities such as a bowling alley, skating rink, pool hall, movie theater, theater and video gaming/pinball arcade.
(2)
Nightclub or cabaret.
(3)
Adult bookstore or adult cabaret which has as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, films or live entertainment characterized by its emphasis on matters depicting, describing or relating to sexual activities or anatomical genital areas.
(4)
Freestanding or pad sites containing uses or structures less than 3,000 square feet in size.
C.
Accessory uses on the same lot with and customarily incidental to any of the forgoing permitted uses.
§ 160-128 Height regulations.
The maximum height of any building erected shall not exceed two stories and shall not be greater than 30 feet in height as defined under § 160-7B. No part of any building or structure, including chimneys, spires, towers, elevator penthouses, tanks, mechanical apparatuses and similar projections, shall be higher than 35 feet above mean grade level.
§ 160-129 Area, width and yard regulations.
B.
The minimum lot area shall be five developable acres, and a lot must have at least 500 feet of frontage on a public road.
C.
Front yard. There shall be a front yard on each lot which shall be not less than 50 feet in depth from the ultimate right-of-way line.
D.
Side yards.
(1)
On each corner lot, there shall be abutting the street a side yard having a width of not less than 50 feet in depth from the sideline.
(2)
On interior lots, two side yards are required, each having a width of not less than 30 feet.
(3)
On a lot the interior side lot line of which abuts a residential district, the side yard abutting such district shall have a width of not less than that required in the adjoining district.
E.
Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 30 feet.
F.
Building coverage. Not more than 25% of the area of any lot shall be occupied by buildings.
H.
Setbacks from residential districts.
(1)
Where a building is adjacent to a residential district or faces a street on the opposite side of which is zoned residential, a setback of 75 feet or twice the height of the building, whichever is greater, shall be required from the property line or ultimate right-of-way line.
(2)
No parking or paved area shall be permitted within 25 feet of a residential district or the ultimate right-of-way line of a street on the opposite side of which is zoned residential.
I.
Building spacing. Buildings shall be spaced from one another a distance equal to the height of the taller building but in no case less than 25 feet.
§ 160-130 Special regulations.
A.
No individual establishment shall exceed a building floor area of 15,000 square feet.
B.
The front and side facades of a building built prior to 1940 and contributing to the historic character of the Township shall be retained and preserved where feasible.
C.
Sign regulations.
[Amended 10-3-2000 by Ord. No. 4-174; 1-18-2011 by Ord. No. 4-229]
(1) BRANDING FEATURE BACK-LIT METAL SIGN LETTER EDGE-LIT VINYL SIGN LETTER INDIVIDUAL ESTABLISHMENT SILHOUETTE-EDGE VINYL SIGN LETTER TENANT
Definitions: As used in this article, the following terms shall have the meanings indicated:
An architectural design element or graphic logo used repeatedly on most proposed informational signs to unify the design of the facility and establish a unique brand or sense of place.
An individual three-dimentional sign letter consisting of an opaque metal formed or cast letter mounted no more than three inches from a wall or sign face. Depth of letter shall be adequate to contain light source. Light shall escape from the back of the sign letter only and illuminate the mounting surface only. Light source shall not be visible from pavements at ground level.
Sign letters sharing a common opaque metal light box consisting of Plexiglas letters with an opaque vinyl face pushed through the face of the metal sign box. Exposed side edge of Plexiglas shall be 1/2 inch or less. Exposed internal and external edges of Plexiglas on front face shall be 1/16 inch or less visible from the front of the sign. Light shall be emitted from the front edges and sides of the Plexiglas only. Internal lighting shall be warm white color (2,500° to 3,500° Kelvin).
An individual establishment shall be required to have its own independent main entrance, its own electrical control panel, its own toilet facilities and its own heating system.
An individual sign letter consisting of an opaque vinyl face with Plexiglas backing mounted to a formed sheet metal box with internal LED lighting. Exposed side edge of Plexiglas shall be 1/2 inch or less. Exposed internal and external edges of Plexiglas on front face shall be 1/16" or less visible from the front of the sign. Light shall be emitted from the front edges and the sides of the Plexiglas only. Metal backing shall be no more than four inches deep. Internal lighting shall be warm white color (2,500° to 3,500° Kelvin).
A place of business with primary access through a shared lobby or interior hallway, such as within an office building. There shall be no individual establishments within a tenant-occupied building.
(2)
In the VC Village Commercial District, the following signs may be erected and maintained as an overall sign package for the property or properties in the complex when approved by the Board of Supervisors as a conditional use:
(a)
One freestanding-type ground sign per street frontage. The sign area shall not exceed 200 square feet per face, and shall identify the name of the complex and the street address, and may identify the names of individual establishments within the complex. The sign may be double-faced and shall be externally illuminated, except that silhouette-edge vinyl letters, edge-lit vinyl letters and back-lit metal letters may be used. in the event that the use of silhouette-edge vinyl letters, edge-lit vinyl letters or back-lit metal letters is proposed, actual product samples shall be submitted to the Board for review. The branding feature may be internally illuminated in such a way that the source of lighting is not visible from paved areas at ground level. The height of the sign structure shall not exceed 25 feet from the mean elevation at the bottom of the sign. Should the sign be installed in a planter, the height of the sign structure shall not exceed 25 feet from the mean elevation at the bottom of the sign planter walls. Sign lighting may be turned on during business hours and shall be turned off no later than 1/2 hour after closing.
[1]
Electronic signs covering no more than 15% of the allowed sign area on each face may be included in the freestanding-type sign construction. Actual product samples shall also be submitted to the Board for review and approval. The graphic display of such electronic signs shall consist of a static display (not animated) and shall change no more than once per hour. Display change shall be instant with no animation of any kind. Display shall not include the colors orange, red or yellow. The top of the electronic sign shall be no more than nine feet above the mean elevation at the bottom of the sign. Should the sign be installed in a planter, the top of the electronic sign shall be no more than nine feet above the mean elevation at the bottom of the sign planter walls. The electronic signs may be turned on during business hours and shall be turned off no later than 1/2 hour after closing.
(b)
One facade sign per each individual establishment facade. Facade signs may be externally illuminated using shielded fixtures. Facade signs shall be no greater in length than 75% of the individual establishment facade length. Signs on facades 40 feet in width or less may be 1.5 square feet per building front foot, up to a maximum of 40 square feet. Signs on facades 40 feet or greater in width shall not exceed 1.0 square foot per building front foot, and in no event shall be greater than 100 square feet in size. No facade sign shall exceed the height of 15 feet above grade. Sign illumination shall be turned off within 1/2 hour after closing. No facade sign shall be placed on or above the roofline of the building to which it is affixed. Facade signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color may be used.
(c)
A maximum of two facade signs per tenant-occupied building. Text area shall be no longer than 19 feet and font size shall be no taller than two feet, four inches. No facade sign shall exceed the height of 15 feet above grade. Sign area shall not exceed 40.0 square feet per sign. Sign illumination shall be turned off within 1/2 hour after closing. No facade sign shall be placed on or above the roofline of the building to which it is affixed. Facade signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color may be used. The permitted signs set forth in this Subsection C(2)(c) shall apply to tenant businesses only and shall be provided in lieu of any signs permitted for individual establishments as set forth in Subsection C(2)(b).
(d)
If applicable, in addition to the signs permitted in Subsection C(2)(c), one emergency or urgent care facade sign per tenant providing emergency or urgent care services in a tenant-occupied building. Up to one urgent care facade sign may be provided per building. Text area shall be no longer than 10 feet and font size shall be no taller than one foot, six inches. No facade sign shall exceed the height of 15 feet above grade. Sign area shall not exceed 15.0 square feet per sign. Sign illumination shall be turned off within 1/2 hour after closing. No facade sign shall be placed on or above the roofline of the building to which it is affixed. Facade signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color may be used.
(e)
Building number signs consisting of the numerical portion of the street address may be attached to tenant-occupied building facades. A maximum of one building number sign may be placed on each building facade facing a street or parking area. Building number signs may include additional nonadvertising symbols for ornamentation on the main facade only. Font height shall not exceed two feet, four inches. No building number signs shall be placed on or above the roofline of the building to which it is affixed. Building number signs consisting of individual silhouette-edge letters with vinyl faces and internal LED illumination in warm white color (2,500° to 3,500° Kelvin) may be used.
(f)
Permanent window identification signs shall be limited to a total of five square feet of copy area at each individual establishment, used to identify the individual establishment. Permanent window signs shall be fully adhered to the glazing and be constructed of long-lasting UV-resistant materials. Permanent window identification signs in poor condition shall be promptly removed or replaced.
(g)
Window advertising signs erected and maintained by an individual establishment shall be limited to 25% of the overall window area of each individual establishment in addition to permanent window signs. Signs may include graphics representing the individual establishment's principal business and may advertise events or commodities offered in the individual establishment or community events. Window advertising signs shall be attached to the inside of the glazing or supported vertically parallel to the glazing. Window advertising signs in poor condition shall be promptly removed or replaced.
(h)
One lighted "Open" sign per individual establishment may be displayed on the interior of the window area. The maximum size of sign shall be three square feet.
(i)
Directory signs shall be limited to a maximum of 45 square feet per sign. Height of directory signs shall not exceed 10 feet. Width of directory signs shall not exceed seven feet. Quantity of directory signs shall be limited to no more than six vehicular directory signs per complex. The branding feature may be internally illuminated in such a way that the source of lighting is not visible from paved areas at ground level.
(j)
Directional signs shall be limited to a maximum of 15 square feet per sign. Height of directional signs shall not exceed five feet. Width of directional signs shall not exceed seven feet.
(k)
Grand opening sign: on-site temporary signage that does not constitute a safety hazard for vehicles or pedestrian travel where proposed, displayed for a period of no more than 30 days, and only one time for a newly established business within the complex. Grand opening temporary facade signage mounted on buildings shall be for individual establishments only.
(l)
Special event signs: on-site temporary signage that does not constitute a safety hazard for vehicles or pedestrian travel where proposed, displayed by the property owner for a period of no more than 14 days prior to the conclusion of an event; special event signs shall be displayed no more than four times per year. Special event temporary facade signage mounted on buildings shall be for individual establishments only.
(m)
One suspended sign per individual establishment entrance. Suspended signs shall be a minimum of three square feet and limited to a maximum of four square feet per sign. The bottom of such signs shall be a minimum of eight feet above grade. Suspended signs shall be located no less than nine inches and no more than seven feet from the entrance to an individual establishment. Overall sign shape shall not be square-cornered. Elliptical, round-cornered and creative shapes are encouraged. Suspended signs shall only be externally illuminated. Source of illumination shall be shielded and shall not be visible from public street or adjacent driveways. The height of any suspended sign shall not be more than 70% of sign width.
(n)
One fabric awning sign per each individual establishment entrance. The size of the letters on such sign shall not to exceed nine inches in height. The copy area shall not exceed 15% of fabric canopy area. The maximum copy area shall not exceed 5.0 square feet. Striped or patterned fabrics may be used if the printed fabric decoration does not include a logo or other identifiable symbol specific to the individual establishment's product or service.
(o)
A site sign package (including all of the proposed signage for the subject properties or property in the complex) for VC Village Commercial Districts shall be submitted to the Board of Supervisors as part of the Conditional Use application.
D.
Trash stations. Dumpster or trash collection stations shall be permitted to the side or rear of a building only, must be enclosed with opaque fencing to a height of at least six feet and must be maintained to prevent vermin.
E.
Nonresidential buildings shall have a three-foot offset in the front facade for every 50 feet of continuous facade and a ten-foot offset every 200 feet. Offsets shall be continuous from grade to the roofline.
F.
Nonresidential buildings shall have pitched roofs covering at least 80% of the building with a pitch of at least six vertical inches to every 12 horizontal inches. The design of nonresidential buildings shall be varied so that no more than 100 feet of building shall have a common ridgeline or roof plane (as defined below). For purposes of this subsection, the "roof plane" shall be defined as the surface of the roof from gutter edge to ridgeline. Variations shall consist of a vertical change of ridgelines of not less than five feet. In no event shall more than 50% of the total ridgelines be at the maximum allowable height limit.
G.
H.
The project shall be developed and constructed in accordance with an overall master plan for the site which shall be updated so as to be current. The development shall be designed and constructed as a single architectural theme.
I.
Outdoor storage and sales, other than restaurant service when immediately adjacent to the use, are prohibited. No permanent or temporary storage of merchandise, articles or equipment shall be permitted outside a building, and no goods, articles or equipment shall be displayed or offered for sale between the front line of any building in the case of an existing building and the front line of the property.
J.
Limitation on hours of operation. No patrons or customers shall be admitted to any uses in the VC Village Commercial District between the hours of 11:00 p.m. and 6:00 a.m. unless otherwise approved by the Zoning Hearing Board by special exception to allow extended hours of operation. Not more than 20% of the total retail floor area of any operating shopping center developed in accordance with the provision of the VC Village Commercial District shall operate between the hours of 6:00 a.m. and 9:00 a.m. unless approved by special exception.
[Amended 10-3-2000 by Ord. No. 4-174]
(1)
The burden shall be on an applicant for extended hours of operation to demonstrate to the Zoning Hearing Board that the need for a special exception is vital to the business operations of the applicant or to prove that the extended hours will provide a necessary service to the community which is otherwise unavailable in the immediate vicinity of the use.
(2)
The applicant for a special exception to permit extended hours of operation shall submit a plan to the Zoning Hearing Board demonstrating its intentions to mitigate or eliminate any adverse noise or illumination upon adjoining residential districts or street frontage which may arise from the extended hours of operation.
§ 160-131 Screening.
A.
A VC Village Commercial District use shall be provided with a permanent screen buffer from adjoining and contiguous Residential, Park and Recreation, and Institutional Districts by a combination of the following: wall, fence, evergreen hedge or other suitable enclosure of a minimum height of 6 1/2 feet, placed at least four feet inside the VC Village Commercial District property line. The buffer shall be planted in accordance with a plan approved by the Board of Supervisors following a recommendation by the Planning Commission, which, at the very least, shall conform to the standards and requirements of § 160-107, Buffer yards and planting materials, of this chapter.
[Amended 11-16-1999 by Ord. No. 4-168]
B.
A landscaped softening buffer shall be constructed in the required front yard of a Village Commercial District. A berm or series of berms, having a minimum height of three feet measured from inside the parking lot, shall be constructed within the front yard softening buffer, except in areas devoted to roads, emergency access and areas approved by the Board of Supervisors.
[Amended 2-18-2003 by Ord. No. 4-185]
(1)
The required front yard buffer shall be a minimum of 25 feet, excluding the area devoted to the ultimate right-of-way of an adjoining street.
(2)
The required front yard buffer shall be landscaped in accordance with the provisions of this section. Plant material may be informally arranged and shall be so arranged as to allow for proper growth and to provide the intended buffer. Existing plants within the buffer area exceeding the minimum sizes shall be credited to the buffer requirements. Minimum plant sizes, given either in height from the ground or in caliper measured one foot from the ground, and the minimum quantity of plant material required for every linear foot of front yard buffer as measured along the tract boundary shall be as follows:
(3)
All required landscaping shall be maintained. Any dead or dying material shall be removed and replaced with the same size and quality as originally installed.
(4)
Up to 35% of the trees required in the softening buffer plantings may be planted elsewhere on site or on other property(s) as may be required, subject to the specific approval of the Board of Supervisors for any development in the VC (Village Commercial) District.
§ 160-132 Further subdivision of tract for financing purposes only.
Where the Township Board of Supervisors shall have approved plans of a village commercial center in accordance with the regulations herein, the subsequent division of the tract or part thereof into lots incident to the development of the village commercial use, for financing purposes only, shall thereafter be exempted from the bulk, area, yard, open space and green space requirements of the Whitpain Township Zoning Ordinance, provided that the conveyance of a parcel within the development plan area shall be lawful upon compliance with the following conditions as certified by the Board of Supervisors:
A.
The development plan shall show a physical relationship between the area to be conveyed, the remaining area covered by the development plan and the common areas so that each area is dependent upon the other and so that the areas to be conveyed lack the facilities to conduct an independent commercial operation.
B.
Any transferee as aforesaid shall have a substantial economic interest in the operation of the development as an integrated unit.
C.
Documentary evidence shall be filed with the Township which shall affirm to the satisfaction of the Township that:
(1)
The developer, its successors and assigns shall remain responsible for the construction, control and maintenance of the common areas.
(2)
Irrevocable cross easements in favor of and duly binding on all title owners within the area of the development plan, their successors and assigns, as respects the use, control and maintenance of the common areas, are in effect.
(3)
The area to be conveyed shall be conveyed subject to the requirements of the development plan, the obligations and responsibilities as to the common areas and the requirements of the cross easements so that each transferee of title as aforesaid shall be bound by the same.
(4)
The developer, its successors and assigns shall have the authority to enforce the conditions attached to the development plan as well as the sole authority to seek amendments thereto.
§ 160-133 Off-street parking and loading.
Adequate off-street parking and loading space is permitted in accordance with Article XXVII of this chapter.