Any of the uses set forth in § 160-163A, C, E and F, and specifically including a food supermarket and drive-through facilities for a bank, savings and loan, credit union or similar financial institution.

Restaurant with or without a liquor license, and including up to three drive-through facilities for restaurants of less than 2,500 square feet each on the entire contiguous overlay tract, and including outdoor dining at any restaurants if designated on the original Community Shopping Center Plan.

Taproom.

Municipal use, including a firehouse.

Fitness center including ancillary daycare facilities for fitness center customers only and ancillary medical office use, under 1,800 square feet, for fitness center customers only.

Professional and medical offices.

Accessory use customarily incidental to any of the above uses.

The following uses when authorized by conditional use received from the Whitpain Township Board of Supervisors:

Signs, when erected or maintained in accordance with this article or with Article XXVI. In the event of any inconsistency, the provisions of this article shall control.

In order to create a plan which will emulate a modern village center, the plan should include a combination of small and medium sized buildings, having exterior spaces accessible to the general public and designed to achieve the following goals:

Provide with the conditional use application a booklet or manual of written and graphic design guidelines for buildings, streets, landscaping and pedestrian circulation within the proposed development which shall function as a coordinated and coherent set of drawings. Plans and narratives shall include, but shall not be limited to, architectural and landscaping standards, street and circulation systems, signage, building materials, pedestrian walkways, sidewalks and crosswalks, parking screening, lighting, pavilions, gazebos and plazas, street furniture, trash receptacles, amenities and open space operation and maintenance. Such guidelines, when approved by the Board of Supervisors during the conditional use process, shall supersede any other provisions of this Code, if and when a conflict occurs.

Long, unbroken, monotonous facades of buildings and large parking fields shall be avoided, and instead smaller external spaces at a scale consistent with a community style village center designed to promote walking, sitting and gathering areas in association with shopping, dining, and other commercial activities shall be provided.

A master plan shall be created which encompasses the entirety of the Overlay District and which achieves the goals outlined for a modern village center including establishing points of ingress and egress at safe and desirable locations along the perimeter road frontage, subject to PennDOT approval.

No single tenant or building shall occupy more than 40% of the total gross ground floor area of all the buildings within the Community Shopping Center.

At least three buildings must be located within 120 feet of the ultimate right of way of adjoining road frontages. The elevations of these buildings should include materials, fenestration, and features (consistent with the rest of the Community Shopping Center) that result in interesting front facades facing out to the adjoining streets that are consistent, architecturally and in the use of building materials, with the rest of the Community Shopping Center.

Outdoor green spaces and gathering areas shall be interconnected using enhanced paving materials and shall be finished with ornamental lighting, benches, fountains, clock towers, promenades and the like. These spaces must be internalized and made an integral part of the overall master plan. As part of the conditional use plans, the primary outdoor gathering area proposed shall be offered for public use and gathering on at least six weekend dates a year (not including any weekend where any portion of such weekend [Friday through Sunday] shall occur within November 10 and November 30 of each year, without the permission of the property owner) and shall be further described and regulated in the conditional use decision by the Board of Supervisors on the Community Shopping Center application.

Sidewalks along the perimeter of the right-of-way and sidewalks traversing parking areas shall be at least five feet in width. Pedestrian walkways shall be a minimum of at least 10 feet in width (with at least 40% of the sidewalks in front of buildings to be at least 18 feet in width and a minimum of eight feet in width on sides and rear, if any. Parking islands should be designed with a generous amount of trees. Trees along the road frontage shall be spaced at least 50 feet apart to allow sufficient site lines to view the enhanced architectural features of the buildings. Also, ornamental landscaping including flowering trees shall be provided in landscape or other green areas as required by the Board of Supervisors.

No more than 22% of the net lot area (after dedication or deed restriction of open space) shall be occupied by buildings, and the minimum district size (before dedication of right of way or deed restriction of open space) shall be 18 acres.

Architectural features shall be treated the same as chimneys, spires, towers, elevator penthouses, tanks, and similar projections concerning the height of buildings.

No building or structure shall be located closer than 25 feet to the ultimate right-of-way of all adjacent streets, nor closer than 50 feet to a side property line, or 45 feet to a rear property line adjacent to a residential use which is not within the Community Shopping Center Overlay District, nor closer than 25 feet to any property line not subject to the additional standards outlined herein. A loading facility for the anchor tenant which does not exceed 4% of the gross floor area of the anchor tenant may be as close as 15 feet to a side or rear property line. No setback for buildings or parking shall be required from properties owned by the commonwealth or the County other than the ultimate right of way of public roads.

No parking area may be located closer than 10 feet to the ultimate right-of-way line for all adjacent streets and 25 to a side or rear property line adjacent to a residential, park and recreation, or institutional use.

Landscaping for a Community Shopping Center shall be in accordance with § 160-108, with the exception of Subsections A and C, which shall be substituted with the following: There shall be no requirement for berming along street frontage and all off-street parking areas shall either have one shade tree for every 10 parking spaces or such required shade trees may be placed in other locations on the Community Shopping Center property if permitted by the Board of Supervisors in the conditional use decision. Shade trees shall be planted every 50 feet along the right-of-way frontage.

The shopping center shall be provided with a permanent screen buffer from adjoining and contiguous residential and park and recreation uses by a combination of the following: berm, wall, fence, evergreen hedge, or other suitable enclosure of a minimum height of eight feet which 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.

An open area of at least five acres shall be provided for each contiguous Community Shopping Center Overlay District which shall remain open in perpetuity and offered for dedication to Whitpain Township. If the Township does not accept dedication of the open area, it shall be maintained by the owner of the shopping center, with the top of any berm and the side of the berm facing the center to be maintained in a mowed lawn and landscaped condition and the side of the berm, facing any property line outside the overlay district, to be maintained in a natural condition, but free of trash and debris. The open area shall be located to protect neighboring residential uses (including the provision of building setbacks of at least 250 feet to the rear of the Community Shopping Center boundary [shared with a residential use] and 225 feet to the side of the Community Shopping Center [shared with a residential use]) and acceptable in shape and location to the Board of Supervisors of Whitpain Township.

Development stages and permits. The development of the tract carried out in either a single phase or in stages shall be executed in accordance with the development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded.

Trash and refuse areas. The design of buildings in the community shopping center shall include either a provision for the storage of trash, refuse and garbage inside the buildings or within a walled area outside of the buildings. The walls of such trash and refuse area must shield the trash and refuse from direct view of any adjacent property, and must be at least six feet in height.

Building standards.

If eating and drinking establishments are (at any time) to comprise more than 30% of the total square footage of the community shopping center, a conditional use to provide required parking spaces must be obtained.

Further subdivision of tract. Where the Township Board of Supervisors shall have approved plans for a Community Shopping Center in accordance with the regulations herein, and including parcels not held in single and separate ownership, the subsequent division of the tract or a part thereof into lots incident to the development of the Community Shopping Center use for financing or land swap purposes 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, and upon compliance with the following conditions as certified by the Board of Supervisors:

Signs. For purposes of a Community Shopping Center, an anchor store shall be considered to be any store that is 15,000 square feet or larger. Notwithstanding any other regulations of this chapter to the contrary, the sign criteria for Community Shopping Centers shall be as set forth on Exhibit "A" attached hereto.[1]

Green area. Any lot used or occupied for a Community Shopping Center Development shall be provided with a minimum green area of 35%, as defined in § 160-214 of this chapter, which shall include the required open area of at least five contiguous acres.

Outdoor storage and display. No outdoor storage shall be permitted, but outdoor display of not more than 10% of the total sidewalk area in front of the store shall be permitted for the anchor tenant and one other tenant, provided that such display does not in any way interfere with pedestrian access and passage on the sidewalk in front of the display of at least eight feet in width.

Specific parking requirements for the Community Shopping Center Overlay District. Parking consistent with the requirements of Article XXVII shall be provided except that the number of such spaces provided shall be 4.5 per 1,000 square feet of gross ground level floor area (including the area of all outdoor eating or drinking locations, even if seasonal) and three per 1,000 square feet of second floor or mezzanine area (limited to 10,000 square feet in any supermarket or fitness facility), and with any other mezzanine or second floor area parked at five per 1,000 square feet.

Outdoor eating and drinking locations. Any tenant in the Community Shopping Center which offers food or beverage for consumption indoors shall be permitted an immediately adjacent outdoor area for the purpose of food or beverage consumption, provided such outdoor area does not exceed 15% of the total indoor square footage of the tenant and further provided that the "outdoor display" requirements of § 160-261O (regarding access and passage) above are addressed. Notwithstanding the general limitation on the area of outdoor square footage permitted for a single tenant set forth in the immediately preceding sentence, one restaurant tenant in a Community Shopping Center shall be permitted outdoor area for the purpose of food or beverage consumption of up to 40% of the total gross indoor floor area of the tenant. No amplified sounds or music shall be permitted in such outdoor dining areas without first applying for and obtaining a conditional use from the Board of Supervisors.