[Amended 8-3-1998 by Ord. No. 98-07; 05-17-2004 by Ord. No. 04-02A]
The purposes of the C-1 Village District are
to:
A.
Preserve the historical development patterns of the
villages of Eagle and Byers, and establish standards for new development
and coordinated street and landscape improvements and pedestrian amenities,
so as to complement the village setting and provide for safe and convenient
access;
B.
Provide for a variety of uses in a manner which facilitates
and promotes pedestrian travel within the village setting.
In the C-1 Village District, the following use
regulations shall apply:
A.
Uses by right. In the C-1 Village 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.
[Amended 10-17-2022 by Ord. No. 2022-06]
(2)
Individual retail store, shop or establishment for
the sale of drugs, dry goods, clothing, furnishings and other household
supplies, variety, electronic goods and supplies, general merchandise,
hardware, and garden supplies, provided that no adult-oriented use
and no dispensing of gasoline shall be permitted and no drive-through,
outside walk-up, or other outside service shall be permitted by right.
(3)
Individual retail store, shop or establishment for
the sale of groceries and food without table service, including catering
establishment, bakery, or confectionery shop, provided that no drive-through,
outside walk-up or other outside service shall be permitted by right.
(4)
Personal service establishment, including but not
limited to barbershop, beautician, tailor, dressmaker, shoe repair,
repair of small appliances or electronic goods, or dry-cleaning service
with a closed-loop system.
[Amended 11-5-2007 by Ord. No. 07-12]
(6)
Medical marijuana dispensary.
[Added 6-19-2017 by Ord.
No. 2017-02]
(7)
Restaurant,
drive-through restaurant.
[Added 10-17-2022 by Ord. No. 2022-06]
B.
Conditional uses. In the C-1 Village District, a building may be erected, altered or used, and a lot may be used or occupied, for any of the following principal purposes when authorized as a conditional use by the Board of Supervisors, subject to § 200-116 of this chapter. Conditional use approval in the C-1 Village District shall require full compliance with all applicable design standards set forth in § 200-36, except where as a specific condition of approval, the Board provides for modification to such standards upon satisfactory demonstration by the applicant that full compliance is not practicable, based upon a preponderance of evidence.
(1)
Educational or religious use.
(2)
Cultural studio or facility.
(3)
Day-care center.
(6)
Mixed-use dwelling.
[Amended 6-15-2020 by Ord. No. 2020-01]
(7)
Bed-and-breakfast inn.
(9)
On tracts located adjacent to the Route 100 Bypass
and south of Byers Road only, any use permitted by right, conditional
use, or special exception in the C-3 Highway Commercial District and
not otherwise permitted in the C-1 Village District. For the purposes
of this section, the term "adjacent" shall apply to tracts with direct
frontage on the Route 100 Bypass, whether or not access to the Bypass
is provided, as well as tracts contiguous to such tracts, where contiguous
tracts are developed together with the tract(s) having direct frontage,
under common authority and in accordance with a unified development
plan. Contiguous tracts shall share a common boundary and shall not
be separated by any public street. Conditional use approval hereunder
shall not confer a right of direct access to the Bypass where such
is not otherwise specifically approved.
(10)
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.
C.
Special exceptions. In the C-1 Village District, a building may be erected, altered or used, and a lot may be used or occupied for any of the following principal uses when authorized as a special exception by the Zoning Hearing Board, subject to Article XX of this chapter
D.
Accessory uses. In the C-1 Village District, a building
may be erected, altered or used, and a lot may be used or occupied
for any of the following accessory uses provided that they are incidental
to any of the foregoing permitted principal uses:
(1)
Bed-and-breakfast establishment as set forth in § 200-62B(5).
(2)
Home occupation as set forth in § 200-62B(4).
A.
Applicability.
(1)
The area and bulk regulations set forth in this section shall apply to all lots and/or uses in the C-1 Village Zoning 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, except as provided in Subsections A(2)(e) and H below.
(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 overall village 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. Every lot shall have an area of not less than 10,000 square feet, except that where public sewage disposal is not provided, the lot shall be of sufficient size to comply with § 200-35 herein.
C.
Minimum lot width. Every lot shall not be less than
100 feet in width.
D.
Yard regulations.
(1)
A front yard of not less than 20 feet shall be provided
on each lot.
(2)
Two side yards of not less than 10 feet each shall
be provided on each lot.
(3)
A rear yard of not less than 40 feet shall be provided
on each lot.
(4)
There shall be fifty-foot setback from the ultimate
right-of-way of the Route 100 Bypass regardless of which yard abuts
the Bypass.
(5)
Where greater setbacks do not otherwise apply, all
garages, whether attached or detached, shall be set back a minimum
of 40 feet from the edge of cartway or from the sidewalk, if any,
which ever results in the greater setback, so as to provide space
for parking in front of the garage.
E.
Coverage regulations.
(1)
Building coverage. Not more than 30% of the area of
a lot shall be covered by buildings/structures, except that not more
than 15% of the area of a lot shall be occupied by buildings/structures
less than 1 1/2 stories in height. For this purpose, one-half
story shall mean a roof-story with sufficient height and space within
the form of a pitched roof to permit the development of habitable
or leasable space, whether or not any actually is proposed.
(2)
Lot coverage. Not more than 60% of the area of a lot
shall be covered by buildings/structures or other impervious materials.
F.
Height restrictions. No structure or principal buildings
shall exceed 35 feet in height. As a condition of conditional use
approval, the Board of Supervisors may permit roof structures above
the cornice line which exceed the applicable height limit, where the
Board agrees that such structures enhance the appearance of the overall
design.
G.
Accessory buildings/structures. No accessory building
or structure shall be located within the front yard, nor within 10
feet of any side or rear lot line.
H.
Building size restriction. No individual building
shall contain more than 6,000 square feet of total floor area, except
where increased square footage above 6,000 is entirely within an additional
story or stories above the first floor or where increased square footage
above 6,000, and not limited to a 50% increase, is approved subject
to conditional use approval and in accordance with all applicable
design standards herein. For purposes of this section, an individual
building shall be considered as a space or contiguous spaces fully
separated from any other building. For purposes of this section, abutting
buildings shall be considered as an individual building whether or
not separated by permanent walls.
I.
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 § 200-34A through H:
[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 public 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 or proposed to contain
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.
A.
Preservation of historic resources.
(1)
Within the C-1 Village District, historic structures
and other historical resources, including historic ruins or sites,
historic road or other transport traces, paths and trails, and any
other historic landscape features, shall be preserved to the greatest
degree practicable.
(2)
Within the C-1 Village District, no historic structure
shall be removed or demolished except where approved by the Township,
upon the recommendation of the Planning Commission and Historical
Commission. Township approval of demolition requests shall not unreasonably
be withheld where applicant demonstrates that renovation or reuse
of subject structure(s) is not practicable.
(3)
The following standards shall apply to the rehabilitation,
alteration, or enlargement of any historic resource requiring a building
permit, unless such alteration is required solely for purposes of
compliance with applicable building code, ADA[1] or other regulation, or where modified by the Board of
Supervisors as a condition of conditional use approval:
(a)
Construction plans for the rehabilitation, alteration
or enlargement of any historic structure shall be in substantial compliance
with the Secretary of the Interior's currently adopted Standards for
Rehabilitation, as revised.
(b)
Authentic period materials and colors shall
be utilized on any portion of any historic structure or enlargement
thereof visible from any existing or proposed public right-of-way.
Appropriate replication of materials may be substituted.
(c)
Landscape plans shall be submitted with any
relevant application committing the applicant to preservation of existing
landscape material and/or introduction of new landscape material so
as to retain and/or enhance the integrity of the historical landscape
setting.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
Architectural design.
(1)
To the extent practicable, all new construction and/or
additions to existing structures within the C-1 Village District shall
be designed with either a traditional village architectural character
or may be a contemporary expression of traditional styles and forms,
respecting the scale, proportion, roof pitch, character, and materials
of historic examples in Byers, Eagle and the surrounding area, in
accordance with the following standards:
(a)
Where any individual building facade (or adjoining
facades which abut flush to the same building line) is visible from
any public right-of-way or public space (including internal public
spaces within a development) and exceeds 60 feet in length, there
shall be a clear dimensional differentiation of roofline (i.e., an
obvious difference in height) and/or an offset in facade of at least
10 feet, effectively breaking the single facade into two or more facades
each no more than 60 feet in length. Where approved by the Board of
Supervisors as a conditional use, single facades greater than 60 feet
in length may be permitted, where applicant demonstrates to the satisfaction
of the Board that the design of the building and its relationship(s)
to surrounding buildings and landscaped areas mitigates any negative
impacts of long continuous building facade(s) on the character of
the C-1 Village District. Mitigating factors may include design which
emulates characteristic historical building forms which typically
included relatively long individual facade lengths such as barns,
stables, churches, meeting houses, or other public buildings. Building
arrangements which rely on repeated use of the same long facade element
shall not be approved.
(b)
New construction shall generally have pitched
roofs with overhanging eaves. Where flat roofs are provided, they
shall be articulated with parapets and cornices. Desired materials
on pitched roofs include slate (either natural or man-made), shingle
(either wood or asphalt composition), and metal formed to resemble
"standing seams." Roof color should reflect local traditional use
of color, and shall specifically exclude white, tan, or blue shingles,
red clay tiles, and corrugated metal or other corrugated material.
The use of fascias, dormers, and gables is encouraged to provide visual
interest.
(c)
Exterior wall materials may include stucco,
wood clapboard (including vinyl or aluminum imitation clapboard siding),
native stone, brick, or other material of a shape, color, and texture
similar to that found on historic structures in the vicinity.
(d)
All facilities and equipment for heating/air
conditioning, trash collection and compaction, and other structural
elements not in keeping with historical architectural themes shall
be concealed architecturally or otherwise screened from view from
any public right-of-way or public space (including internal public
spaces within a development).
(2)
For all principal and/or accessory uses permitted
by special exception, variance or conditional use approval, applicant
shall provide drawings of sufficient detail to illustrate the character
of the intended exterior design of structures, including scale, height,
roof pitch, relationship between varying facade elements, and principal
exterior materials. The Township may require that material samples
also be provided. It shall be the burden of the applicant to demonstrate
that submitted architectural designs are consistent with, and promote,
the purposes and standards set forth for the C-1 Village District.
(3)
Where the Board of Supervisors or Zoning Hearing Board,
as applicable, determines that architectural design, as presented
by applicant, is an essential means by which the proposed use will
comply with the purposes and standards set forth for the C-1 Village
District, as a condition of approval of any conditional use, special
exception or variance, the applicable Board may require adherence
to the intended architectural character as proposed by the applicant.
C.
Pedestrian and vehicular access.
(1)
Pedestrian access within the C-1 Village District
shall be designed to provide convenient, safe, and direct access between
the various uses within the district and other nearby concentrations
of development.
(2)
Trails. Any application for subdivision or land development
approval, conditional use approval or special exception approval may
be required by the Board of Supervisors or Zoning Hearing Board, as
applicable, to construct any trails and/or accessory facilities on
the property subject to application which are deemed necessary to
implement the Upper Uwchlan Township community trails system relative
to such property.
(3)
Vehicular access within the C-1 Village District shall
be designed to limit the number of new access points to public roads
and to limit potential for turning movement conflict. Where practicable,
access to adjoining parcels shall be combined so as to limit potential
turning movement and pedestrian movement conflicts.
(4)
Parking areas within the C-1 Village District shall
be designed and landscaped so as to appear broken in mass, in proportion
to the scale of structural development. Coordination of access to
parking areas and shared parking among adjacent uses shall be required
wherever practicable. To the extent practicable, parking shall not
be provided in the front yard. To the extent that parking areas are
visible from public streets, visual impacts shall be mitigated through
introduction of landscape screening, landscape walls, use of pedestrian
paving materials, or other design means.
D.
Streetscape design. Streetscape landscaping and pedestrian
amenities shall be provided as necessary to meet overall village planning
objectives and shall be coordinated with adjacent properties. Where
appropriate, the Township may require any of the following amenities,
including provision for their regular upkeep and maintenance:
(1)
At least one public trash receptacle in each block;
(2)
Public benches of approved design at intervals of
no greater than 50 feet on each block;
(3)
At least one bike rack on each block, located in areas
where the sidewalk width has been designed to accommodate such features;
(4)
Planting strip(s) no less than five feet in width
and planted with shade trees between sidewalks and streets and other
vehicular accessways, to the extent feasible;
(5)
Appropriate pedestrian paving materials.
E.
Stormwater management. Within the C-1 Village District,
all stormwater management facilities shall be designed to optimize
the capture of stormwater at the sources of generation, maximize recharge
to the subsurface and minimize surface water flow. Guidance for stormwater
management shall use the most current best management practices such
as those published by the American Society of Engineers, Pennsylvania
State University or the Commonwealth of Pennsylvania.
