Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
[Amended 9-21-2009 by Ord. No. 391-09; 8-19-2013 by Ord. No. 417-13]

§ 455-20 Purpose; objectives.

A. 
The purpose of this district is to provide for a variety of retail, commercial, residential, institutional, and mixed uses within the Village of Berwyn and its immediately contiguous areas, as depicted on the Zoning Map,[1] consistent with the maintenance, preservation and enhancement of the traditional Village of Berwyn atmosphere. It is recognized that the purpose of this district is to serve the needs of the Easttown community, while at the same time preserving and enhancing the unique qualities of the district. Specific objectives of the district include the following:
(1) 
Encourage economic development while promoting the traditional main street development form along Lancaster Avenue.
(2) 
Protect existing residential uses and structures of historical or architectural significance.
(3) 
Promote and maintain a walkable community in the district using pedestrian-scaled design principles.
(4) 
Allow for mixed-use development where appropriate by encouraging the integration of commercial and residential uses within buildings, concentrating commercial uses at ground level.
(5) 
Employ design principles that preserve and enhance existing desirable architectural and streetscape elements that are typical of Berwyn, and ensure that new construction and redevelopment projects are compatible with the surrounding community.
(6) 
Employ parking, circulation, and mobility strategies that maximize efficiency and safety.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B. 
Because there is a diversity of land uses, including commercial, office, institutional, and residential, and a variety of building types at different sizes and densities, the Village of Berwyn District is divided into three separate zoning districts as follows: the Village Business District (VB), the Village Transition District (VT), and the Village Residential District (VR).

§ 455-21 Use regulations for VB District.

A. 
Uses by right in the Village Business District (VB). The following uses shall be permitted by right in the Village Business District (VB), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:
(a) 
Retail commercial use.
(b) 
Personal service commercial use.
(c) 
Professional or business office.
(2) 
Bank or financial institution.
(3) 
Bed-and-breakfast.
(4) 
Convenience store.
(5) 
Dwelling, multifamily.
(6) 
Forestry in accordance with § 455-58.
(7) 
Funeral home in accordance with § 455-59.
(8) 
Grocery store.
(9) 
Home occupation, minor, in accordance with § 455-61.
(10) 
Laundry or dry cleaning.
(11) 
Personal service commercial use.
(12) 
Professional or business office.
(13) 
Restaurant.
(14) 
Restaurant, fast-food.
(15) 
Retail commercial use.
(16) 
Theater.
B. 
Conditional uses in the Village Business District (VB). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable condition that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Automobile repair.
(2) 
Commercial child/adult care in accordance with § 455-53.
(3) 
Commercial recreation.
(4) 
Community center.
(5) 
Educational use.
(6) 
Hotel, motel, or inn.
(7) 
Outdoor cafe in accordance with § 455-66.
(8) 
Parking garage, private.
(9) 
Parking garage, public.
(10) 
Parking lot, private.
(11) 
Parking lot, public.
(12) 
Place of worship in accordance with § 455-67.
(13) 
Planned commercial shopping center.[1]
[1]
Editor's Note: Former Subsection B(14), regarding wireless communications facilities, which immediately followed this subsection, was repealed 12-15-2014 by Ord. No. 424-14.
C. 
Accessory uses in the Village Business District (VB). The following accessory uses, buildings, and structures (including signs and parking associated with the accessory use) are permitted on the same lot with, and customarily incidental to, any of the uses permitted by this section:
(1) 
Accessory uses, buildings and structures permitted by right as per §§ 455-47 and 455-48.
(2) 
Storage within a completely enclosed building.
(3) 
Parking as permitted by Article X.
(4) 
Signs as permitted by Article XI.

§ 455-22 Use regulations for VT District.

A. 
Uses by right in the Village Transition District (VT). The following uses shall be permitted by right in the Village Transition District (VT), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Apartment accessory to nonresidential uses, permitted only on the second or higher floors in the same building, in accordance with § 455-50, housing any one of the following uses, which shall be located only on the ground-level floor of the building:
(a) 
Retail commercial use.
(b) 
Personal service commercial use.
(c) 
Professional or business office.
(2) 
Bed-and-breakfast.
(3) 
Dwelling, single-family.
(4) 
Dwelling, townhouse.
(5) 
Dwelling, two-family, twin.
(6) 
Dwelling, two-family, duplex.
(7) 
Forestry in accordance with § 455-58.
(8) 
Funeral home in accordance with § 455-59.
(9) 
Home occupation, minor, in accordance with § 455-61.
(10) 
Laundry or dry cleaning.
(11) 
Personal service commercial use.
(12) 
Professional or business office.
(13) 
Theater.
B. 
Conditional uses in the Village Transition District (VT). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Commercial child/adult care in accordance with § 455-53.
(2) 
Community center.
(3) 
Dwelling, multifamily.
(4) 
Educational use.
(5) 
Outdoor cafe in accordance with § 455-66.
(6) 
Parking garage, private.
(7) 
Parking garage, public.
(8) 
Parking lot, private.
(9) 
Parking lot, public.
(10) 
Place of worship in accordance with § 455-67.
(11) 
Restaurant.
(12) 
Restaurant, fast-food.
(13) 
Retail commercial use.
C. 
Special exception uses in the Village Transition District (VT). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Home occupation, major, in accordance with § 455-61.
D. 
Accessory uses in the Village Transition District (VT). The following accessory uses, buildings, and structures (including signs and parking associated with the accessory use) are permitted on the same lot with, and customarily incidental to, any of the uses permitted by this section:
(1) 
Accessory uses, buildings and structures permitted by right as per §§ 455-47 and 455-48.
(2) 
Storage within a completely enclosed building.
(3) 
Parking as permitted by Article X.
(4) 
Signs as permitted by Article XI.

§ 455-23 Use regulations for VR District.

A. 
Uses by right in the Village Residential District (VR). The following uses shall be permitted by right in the Village Residential District (VR), subject to compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Dwelling, single-family.
(2) 
Dwelling, two-family, twin.
(3) 
Dwelling, two-family, duplex, as an adaptive reuse.
(4) 
Dwelling, multifamily, as an adaptive reuse.
(5) 
Forestry in accordance with § 455-58.
(6) 
Home occupation, minor, in accordance with § 455-61.
B. 
Conditional uses in the Village Residential District (VR). The following uses shall be permitted as conditional uses when authorized by the Board of Supervisors, subject to the procedures and requirements of Article XIV, along with any reasonable conditions that the Board shall impose under § 455-106 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Bed-and-breakfast.
(2) 
Educational use.
(3) 
Place of worship.
C. 
Special exception uses in the Village Residential District (VR). The following uses shall be permitted as special exception uses when authorized by the Zoning Hearing Board, subject to the procedures and requirements of Article XV, along with any reasonable conditions that the Board shall impose under §§ 455-116A(11) and 455-117 of this chapter, compliance with the area and bulk regulations of § 455-24 and the other applicable provisions of this chapter:
(1) 
Home occupation, major, in accordance with § 455-61.
D. 
Accessory uses in the Village Residential District (VR). The following accessory uses, buildings, and structures (including signs and parking associated with the accessory use) are permitted on the same lot with, and customarily incidental to, any of the uses permitted by this section:
(1) 
Accessory uses, buildings and structures permitted by right as per §§ 455-47 and 455-48.
(2) 
Storage within a completely enclosed building.
(3) 
Parking as permitted by Article X.
(4) 
Signs as permitted by Article XI.

§ 455-24 Area and bulk regulations.

The following area and bulk regulations shall apply within all Village of Berwyn Districts:
A. 
Minimum lot size (net lot area).
(1) 
There is no minimum lot size in the VB and VT Districts.
(2) 
Minimum lot size in the VR District is 5,000 square feet per dwelling unit.
B. 
Build-to line.
(1) 
The build-to line shall be either the street right-of-way line or a dimension measured from the curbline/cartway as listed for specified streets in each district below, whichever is further from the curbline/cartway:
(a) 
Along Lancaster Avenue (VB District only): 12 feet.
(b) 
Along Leopard Road (VB District only): 15 feet.
(c) 
Along Old Lancaster Avenue and Lakeside Avenue (VB District only): 10 feet.
(d) 
Along Berwyn Avenue:
[1] 
VT District: 15 feet.
[2] 
VR District: 20 feet.
(e) 
Along all other roads:
[1] 
VB District: 10 feet.
[2] 
VT District: 15 feet.
[3] 
VR District: 20 feet.
(2) 
A building may be set back from the build-to line by a distance of five feet to 15 feet for the purposes of a village garden, plaza, square, courtyard, recessed entrance, or outdoor dining area consistent with the streetscape standards in Chapter 274, Natural Resources Protection, Article XII.
(3) 
Primary pedestrian access must be placed along the build-to line and not the rear or side of the building. Additional pedestrian access points may be located on other facades.
C. 
Lot width at the build-to line.
(1) 
VB District: 20 feet minimum.
(2) 
VT District: 20 feet minimum.
(3) 
VR District: 50 feet minimum.
D. 
Lot width at street line.
(1) 
VB District: 20 feet minimum.
(2) 
VT District: 20 feet minimum.
(3) 
VR District: N/A.
E. 
Side yard setback.
(1) 
In the VB District, there is no required minimum side yard setback. However, if a new or expanded structure is not built up to the side lot line, the new or expanded portion of the building must be set back a minimum of 10 feet from the side lot line.
(2) 
In the VT District and VR District, minimum side yard setbacks are determined by the type of building/use.
(a) 
Single-family detached dwellings and accessory buildings: five feet minimum.
(b) 
Townhouse dwellings and two-family dwellings (twin or duplex): no minimum side yard setback. However, if the building is not built up to the side lot line, it must be set back a minimum of 10 feet from the side lot line.
(c) 
All other uses: 12 feet minimum.
F. 
Rear yard setback.
(1) 
VB District: 10 feet minimum.
(2) 
VT District: 10 feet minimum.
(3) 
VR District: 20 feet minimum.
G. 
Building coverage (based on net lot area).
(1) 
VB District: 85% maximum.
(2) 
VT District: 65% maximum.
(3) 
VR District: must fit within total impervious surface coverage.
H. 
Maximum Impervious Surface coverage (based on net lot area).
[Amended 12-15-2014 by Ord. No. 424-14]
(1) 
VB District: 95% maximum.
(2) 
VT District: 75% maximum.
(3) 
VR District: 45% maximum.
I. 
Green area (based on net lot area).
(1) 
VB District: 5% minimum.
(2) 
VT District: no minimum requirement.
(3) 
VR District: no minimum requirement.
J. 
Building height. The minimum and maximum building height shall be as listed in the following Building Height Table. The maximum building height shall not exceed the measure in stories or in feet, whichever is lower.
Building Height Table
Village Business (VB District)
Village Transition (VT District)
Village Residential (VR District)
North of Lancaster Avenue
South of Lancaster Avenue
Minimum height
2 stories
2 stories
Street wall height (maximum)
3 stories
(42 feet)
3 stories
(42 feet)
35 feet
35 feet
Total height (maximum)
4 stories
(55 feet)
3 stories
(42 feet)
35 feet
35 feet
Fourth-story stepback (minimum)
10 feet, or no stepback if fourth story is built within roof architecture*
*
NOTE: If fourth story is built within roof architecture, then roof pitch shall not exceed a slope of 14:12.

§ 455-25 Off-street parking regulations; design standards.

Each building, structure, or use constructed, established, erected, enlarged, modified or altered in the VB, VT and VR Districts shall provide and satisfactorily maintain off-street parking spaces in accordance with the requirements of this article, Article VIII (General Regulations), and Article X (Off-Street Parking and Loading). The parking regulations and design standards in this district shall supplement the regulations and design standards in Article X, and in the case the provisions of this article conflict with the provisions of Article X, the provisions of this article shall apply.
A. 
Off-site parking alternatives. The following alternatives for off-street parking shall apply within the Village of Berwyn Districts:
(1) 
Common parking lots. Two or more existing or proposed uses located on separate lots in the VB, VT and VR Districts may provide for required parking in a common parking lot if conditional use approval is granted by the Supervisors and if all of the following requirements are met (See Figure 5-1[1]):
(a) 
If each lot has adequate parking, but combining the parking areas would yield added parking benefiting the uses, then parking may be combined on the lots, subject to compliance with this Subsection A(1).
(b) 
The total number of spaces provided for both uses may be reduced by 10% from the sum of the spaces required for each use individually.
(c) 
Common parking shall not be extended to include contiguous lots or parts thereof which lie outside the VB, VT and VR Districts.
(d) 
The owners of all lots involved join in a written application for land development in compliance with Chapter 400, Subdivision and Land Development, and agree in writing by execution of a land development agreement on an approved Township form to be fully bound to develop common parking to serve all of the lots.
(e) 
The preliminary sketch and final land development plans shall show a traffic circulation and parking plan meeting the minimum requirements of this chapter and Chapter 400, Subdivision and Land Development.
(f) 
A written agreement assuring the retention of parking spaces for such common parking lots shall be properly drawn and executed by the parties concerned and approved as to form and execution by the Township Solicitor as a part of conditional use approval. Such conditional use approval shall be rescinded by the Township and additional parking shall be obtained by the owner to meet the required standard in the following cases:
[1] 
If the Township determines the parking results in a public nuisance or adversely affects the public health, safety, or welfare.
[2] 
If at any time the parking is found in violation of any of the provisions of the conditional use.
[3] 
If the parking does not result in providing, or does not continuously provide, the approved amount of required parking.
[4] 
If such agreement is changed, amended, or extinguished, without notice and approval by the Township.
[5] 
If there is a change in use.
[1]
Editor's Note: Figure 5-1 is included as an attachment to this chapter.
(2) 
Off-site parking lots. Required parking spaces may be accommodated in off-site parking areas within the VB, VT and VR Districts, provided the following requirements are met and if conditional use approval is granted by the Supervisors (See Figure 5-2[2]):
(a) 
The owner of a use or structure shall submit an application that includes a site plan and agreement showing joint use, agreement, maintenance responsibility, and location of the off-street parking area.
(b) 
The number of spaces fulfills the requirement for the structure and use for which the lot is designated to accommodate.
(c) 
Pedestrian walkways or sidewalks for pedestrian safety are available.
(d) 
The lot can be accessed by patrons where safe crossing of arterial or collector streets is available, and are located within 500 feet of the primary building in which the use is located.
(e) 
A written agreement assuring the retention of parking spaces for such off-site parking shall be properly drawn and executed by the parties concerned and approved as to form and execution by the Township Solicitor as a part of conditional use approval. Such conditional use approval shall be rescinded by the Township and additional parking shall be obtained by the owner to meet the required standard in the following cases:
[1] 
If the Township determines the parking results in a public nuisance or adversely affects the public health, safety, or welfare.
[2] 
If at any time the parking is found in violation of any of the provisions of the conditional use.
[3] 
If the parking does not result in providing, or does not continuously provide, the approved amount of required parking.
[4] 
If such agreement is changed, amended, or extinguished, without notice and approval by the Township.
[5] 
If there is a change in use.
[2]
Editor's Note: Figure 5-2 is included as an attachment to this chapter.
(3) 
Shared parking lots. Required parking spaces may be accommodated by shared parking lots within the VB, VT and VR Districts, provided the following requirements are met and if conditional use approval is granted by the Supervisors (See Figure 5-3[3]):
(a) 
Up to 50% of the required parking spaces for a theater, restaurant, or other use of primarily evening entertainment may be provided and used jointly by banks, offices, retail stores, service establishments, places of worship, and other similar uses which are not normally open, used, or operated during evening hours (beyond typical business hours of 8:00 a.m. to 5:00 p.m.), and on Saturday and Sunday.
(b) 
As stated above, sharing of parking must be approved by a conditional use. In granting the conditional use, the Board of Supervisors shall consider, among other criteria, the hours of operation of the uses that are sharing required parking spaces and the number of spaces involved.
(c) 
Shared or common parking lots shall be provided with appropriate signage indicating the buildings and/or uses for which the spaces are available.
(d) 
Places of public assembly, including places of worship, auditoriums, gymnasiums or other assembly halls, may provide up to 20% of required parking.
(e) 
A written agreement assuring the retention of parking spaces for such sharing of required parking shall be properly drawn and executed by the parties concerned and approved as to form and execution by the Township Solicitor as a part of conditional use approval. Such conditional use approval shall be rescinded by the Township and additional parking shall be obtained by the owner to meet the required standard in the following cases:
[1] 
If the Township determines the parking results in a public nuisance or adversely affects the public health, safety, or welfare.
[2] 
If at any time the parking is found in violation of any of the provisions of the conditional use.
[3] 
If the parking does not result in providing, or does not continuously provide, the approved amount of required parking.
[4] 
If such agreement is changed, amended, or extinguished, without notice and approval by the Township.
[5] 
If there is a change in use.
[3]
Editor's Note: Figure 5-3 is included as an attachment to this chapter.
(4) 
On-street and public parking credit. Required parking spaces may be accommodated by on-street parking within the VB, VT and VR Districts, provided the following requirements are met and if conditional use approval is granted by the Supervisors (See Figure 5-4[4]):
(a) 
Only retail, professional office, or similar use within the VB, VT and VR Districts shall be permitted to count on-street parking toward off-street parking requirements.
(b) 
On-street parking may be counted towards meeting a maximum of 20% of off-street parking requirements, provided the spaces can be accessed without patrons crossing arterial or collector streets, and are located within 50 feet of the primary building in which the use is located.
(c) 
Spaces available in public parking lots may be counted towards meeting a maximum of 20% of off-street parking requirements, provided the spaces can be accessed by patrons where safe crossing of arterial or collector streets is available, and are located within 250 feet of the building entrance in which the use is located.
(d) 
On-street parking and public parking may comprise a combined maximum of 30% of off-street parking requirements.
[4]
Editor's Note: Figure 5-4 is included as an attachment to this chapter.
(5) 
Removal of curb cut(s). (See Figure 5-5[5]). In the following cases within the VB, VT and VR Districts, the removal of a curb cut by a business or property owner to either increase the number of parking spaces or increase the open space, aesthetics, or access to a parking lot shall be permitted by conditional use, in accordance with the following:
(a) 
Where an existing parking lot has more than one access and the applicant(s) can prove that removal of a curb cut(s) will improve the condition of the street from which it is removed and will not cause significant traffic issues at the remaining access point(s) as determined by the Township Engineer.
(b) 
Where two or more adjacent businesses can feasibly interconnect their existing or proposed parking lot(s), the number of curb cuts may be reduced and the total number of required spaces for the associated uses may be reduced by up to 20% per parking lot connection.
[5]
Editor's Note: Figure 5-5 is included as an attachment to this chapter.
B. 
Design standards.
(1) 
General regulations.
(a) 
Parking shall be permitted on public or private streets within the VB, VT and VR Districts for the implicit use of providing parking for the solicitation of businesses within the VB, VT and VR Districts, unless specifically prohibited by the Township police. The Township reserves the right to restrict on-street parking at locations where parking may be hazardous, impede sight distances, block fire hydrants, or for other substantive measures by placing signs, or other appropriate measures.
(b) 
Required parking spaces for individual businesses shall not be double counted by more than one business use, unless specifically stated in an executed agreement approved by conditional use under Subsection A above.
(2) 
Off-street parking access.
(a) 
Access drives or streets that cross the lot line along a public right-of-way shall be limited to two in number along the frontage of each right-of-way, and their center lines shall be placed at least 40 feet apart. On all corner properties, such accesses shall be spaced a minimum of 30 feet, measured at the curbline, between the center line of any such access and the right-of-way line parallel thereto. The separation distance shall not apply to single-family detached, semidetached and two-family residential lots in a development.
(b) 
All other access provisions shall be in accordance with Article X, § 455-74C.
(3) 
Parking space size and design regulations.
(a) 
Perpendicular spaces within the VB, VT and VR Districts shall have minimum dimensions of nine feet wide by 18 feet long.
(b) 
All other parking space and design regulations shall be in accordance with Article X, § 455-74D.
(4) 
Handicapped parking. All handicapped parking regulations shall be in accordance with Article X, § 455-74E.
(5) 
Traffic lane and driveway dimensions.
(a) 
Traffic aisles and other vehicular accessways designed for circulation of motor vehicles within parking lots shall have the following minimum widths:
Accessway (aisle) Width
One-Way
Two-Way
14 feet
22 feet
(b) 
Notwithstanding the provisions of Subsection B(5)(a) above, for a traffic aisle or other vehicular accessway leading to an off-street parking facility with less than 20 spaces in the VB, VT or VR District from any street other than Lancaster Avenue, the minimum width for a one-way or two-way accessway may be reduced to 12 feet.
(c) 
All other traffic lane and driveway dimension regulations shall be in accordance with Article X, § 455-74F.
(6) 
Minimum number of required off-street parking spaces. All owners and developers shall provide for each land use, at a minimum, sufficient off-street parking spaces to conform to Article X, § 455-74G, H, and I. The Board of Supervisors may grant by conditional use a reduction in the number of off-street parking spaces provided, if an applicant can quantitatively demonstrate that the proposed use can be adequately served with fewer off-street parking spaces than would be required in Article X, § 455-74H and I. Factors unique to the subject application shall be considered and analyzed and may include, but not be limited to, proximity to one or more types of public transit; use of shared parking or similar strategies; and unique land use characteristics specific to the subject application that result in measurably less reliance on automobile use.
(7) 
Landscaping. See Article XI, Landscaping, of Chapter 274, Natural Resources Protection.
(8) 
Screening and buffering. Screening and buffering regulations shall be in accordance with Article X of Chapter 274, Natural Resources Protection, as incorporated by reference in § 455-38 of this chapter.
C. 
Except for single-family dwellings, two-family dwellings and for public and private parking garages, parking shall not be permitted at grade level under any building in the VB, VT or VR District.