[Amended 5-17-2004 by Ord. No. 04-02A]
It is the intent of the C-3 District, as outlined
by the Upper Uwchlan Township Comprehensive Plan, to provide for retail
and service uses in an area of the Township accessible to a regional
highway system. The C-3 District establishes standards for a unified
and organized arrangement of buildings, service and parking areas,
to facilitate access management and provide for safe, convenient and
attractive commercial activity in the Township.
On any lot or tract in the C-3 Highway Commercial District with direct frontage on old Route 100 (Pottstown Pike) and located north of Ticonderoga Boulevard and south of Byers Road, the use regulations set forth in § 200-33 for the C-1 Village District shall apply. On all other lots or tracts in the C-3 Highway Commercial District, the following regulations shall apply:
A.
Uses by right. In the C-3 Highway Commercial District,
a building may be erected, altered or used, and a lot may be used
or occupied by right, for any one, but only one, of the following
principal purposes, and no other:
(1)
Business or professional office, bank or other financial
institution, passenger station for public transportation.
(2)
Individual retail store or shop for sale of food,
groceries, drugs, dry goods, clothing, furnishings and other household
supplies, variety, electronic goods and supplies, automotive supplies,
general merchandise, hardware and garden supplies, provided that no
sale or dispensing of gasoline or other fuels and no adult-oriented
use shall be permitted.
(3)
Restaurant, drive-through restaurant, confectionery
shop, bakery, or other place serving food or beverages.
[Amended 10-17-2022 by Ord. No. 2022-06]
(4)
Personal service establishment, including but not
limited to barbershop, beauty salon, shoe repair, tailor, dressmaker,
repair of small appliances or electronic goods, or dry-cleaning service.
(5)
Retail or wholesale establishment for the sale of
plumbing and heating equipment and supplies, lumber yard, including
the customary storage and work yards incidental thereto.
(6)
Educational or religious use.
(7)
Cultural studio or facility.
(8)
Medical marijuana dispensary.
[Added 6-19-2017 by Ord.
No. 2017-02]
B.
Conditional uses. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied, for any one of the following principal purposes when authorized as a conditional use by the Board of Supervisors, subject to § 200-116 of this chapter. At the reasonable discretion of the Board of Supervisors, conditional uses in the C-3 Highway Commercial District may be approved subject to compliance with any applicable design standard(s) set forth in § 200-36.
(1)
Any two or more principal uses otherwise permitted by right, conditional use, or special exception as provided herein. As a condition of conditional use approval, the Board of Supervisors may require that any application for a combination of two or more principal uses comply with the provisions of § 200-70 of this chapter, as deemed applicable by the Board.
(2)
Day-care center.
(3)
Hotel or motel.
(4)
Bed-and-breakfast inn.
(5)
Bowling lanes, indoor theater, and other place of
indoor amusement or recreation.
(6)
Sale or dispensing of gasoline as a principal or accessory
use.
(7)
Vehicular sales establishment and sale of farming
equipment in operable condition, provided that any used motor vehicle
and any used trailer over 1,000 pounds shall bear a current state
inspection sticker.
(8)
Sale or bulk storage of coal, petroleum or other fuels;
excluding, however, combustible trash or waste.
(9)
Vehicular service establishment; service and minor
repairs to motor-driven vehicles and farming equipment, but not including
body or fender repair, painting or major overhauling.
(10)
Car wash.
(11)
Adaptive reuse for historic preservation where indicated as a use subject to approval by the Board of Supervisors as a conditional use in accordance with Section 200-72.1.
[Added 9-19-2016 by Ord.
No. 2016-07]
(12)
Mixed-use dwelling.
[Added 6-15-2020 by Ord.
No. 2020-01]
C.
Special exceptions. In the C-3 Highway Commercial District, a building may be erected, altered or used, and a lot may be used or occupied for any one of the following principal uses when authorized as a special exception by the Zoning Hearing Board, subject to Article XX of this chapter:
(1)
Municipal or public uses; governmental or public utility
building or uses.
(2)
[1]
Editor's Note: Former Subsections C(3) and (4), which permitted
by special exception single-family detached dwellings, single-family
semidetached dwellings, two-family detached dwellings and certain
residential dwelling units, which immediately followed this subsection,
were repealed 6-15-2020 by Ord. No. 2020-01.
D.
Accessory uses. In the C-3 Highway Commercial District,
a building may be erected, altered or used, and a lot may be used
or occupied for any customary accessory use(s) provided that they
are incidental to any permitted principal use.
A.
Applicability.
(1)
The area and bulk regulations set forth in this section
shall apply to all lots and/or uses in the C-3 Highway Commercial
District except that, where approved by the Board of Supervisors as
a conditional use, modification of any applicable area or bulk regulation
may be permitted. Where permitted, such modification(s) shall not
vary more than 50% from either minimum requirements or maximum allowances
otherwise applicable.
(2)
In approving any area or bulk modification as a conditional
use, the Board of Supervisors may stipulate the following:
(a)
The proposed lot layout and/or structural design
and the modifications necessary to accommodate such design shall be
consistent with the purposes of this article.
(b)
The proposed design shall enhance the appearance
and function of the general area and its streetscapes.
(c)
The proposed design shall not produce lots or
pedestrian or vehicular access system(s) that would be impractical
or which would adversely affect emergency access.
(d)
The applicant shall demonstrate to the Board
that the proposed modification(s) will produce equal or better results
than could be achieved without the requested modification(s) and that
they represent the minimum modification necessary to achieve such
results.
(e)
Where any modification involves an increase
in impervious lot coverage beyond 60%, impervious lot coverage shall
in no case exceed 75%, and the Board may require that system(s) be
installed to fully recharge into the groundwater system all stormwater
runoff from up to the two-year storm generated by any amount of impervious
lot coverage that is greater than 60%.
(f)
The Board may impose such other conditions as,
in its judgment, will secure the objectives and purposes of this article.
B.
Minimum lot area. For any use permitted in this district,
every lot shall have an area of not less than 30,000 square feet.
C.
Minimum lot width. For all uses, every lot shall not
be less than 100 feet in width.
D.
Yard regulations.
(1)
A front yard of not less than 50 feet shall be provided
on each lot.
(2)
Two side yards of not less than 25 feet each shall
be provided on each lot, except that setback shall be 50 feet where
abutting a residential property or a public street or highway.
(3)
A rear yard of not less than 50 feet shall be provided
on each lot.
F.
Height restrictions. No structure or principal buildings
shall exceed 35 feet in height.
G.
Accessory buildings/structures. No accessory building
or structure shall be located within the front yard, nor within 20
feet of any side or rear lot line.
H.
Mixed-use dwellings. Buildings containing principal nonresidential uses may also contain one or more residential dwelling units which shall adhere to the following regulations in addition to compliance with the regulations in § 200-40A through G:
[Added 6-15-2020 by Ord.
No. 2020-01]
(1)
The ground floor, or at a minimum the front portion thereof, shall
be used for the principal nonresidential use and the dwelling unit(s)
shall be arranged to form an integral part of the remainder of the
building. Specifically, residential and nonresidential uses shall
each comprise no less than 30% of, nor greater than 70% of, the building's
uses.
(2)
All dwelling units shall have a floor area of not less than 600 square
feet.
(3)
The entrance to a dwelling unit may be shared with another dwelling
unit or units but shall be independent of the entrance for the nonresidential
use or uses.
A.
Public sewer and water are required for any use permitted
in this district, if available.
B.
Where public sewer service is not available and cannot
reasonably be made available, any lot containing an individual on-site
sewage disposal system shall include a minimum contiguous area suitable
for on-site sewage disposal and of sufficient size to accommodate
disposal of all sewage generated on-site in conformance with all applicable
regulation, including provision for a backup disposal system. In no
case shall such minimum contiguous area be less than 10,000 square
feet. Use of individual on-site sewage disposal systems shall be contingent
upon prior approval of both primary and backup disposal systems.
C.
Where an amendment to the Upper Uwchlan Township Sewage
Facilities (537) Plan is necessary to permit development of any particular
sewage disposal system, such amendment shall be obtained at the sole
risk and cost of the applicant.
