A.
The purpose and objective of the Special Overlay Districts are to
implement the goals, objectives and policies of the Caln Township
Comprehensive Plan which pertain to land use planning and economic
development. In order to strategically implement these goals, objectives
and policies, the following Special Overlay Districts are hereby established:
[Amended 10-10-2013 by Ord. No. 2013-07]
B.
The Special Overlay Districts incorporated under this
article include provisions to supplement and enhance the existing
underlying district regulations for certain land areas and zoning
districts. These supplemental regulations should not replace the existing
underlying zoning district regulations. In cases where the Special
Overlay Districts should overlap, the more restrictive standards shall
apply.
C.
The land and water areas encompassed by the Special
Overlay Districts shall be subject to the interpretation of the Zoning
Officer.
[Amended 4-24-2008 by Ord. No. 2008-6; 10-10-2013 by Ord. No.
2013-07]
A.
The Lincoln Highway Overlay District shall be a special overlay district with two zones, the boundaries of which are depicted on the Lincoln Highway Overlay District Map which is attached to this chapter as part of the appendix.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
B.
The objectives of the Lincoln Highway Overlay District are as follows:
(1)
To encourage the reuse and redevelopment of existing buildings, structures
and land within the overlay district subject to the specific design
criteria and procedural requirements specified herein.
(2)
To provide incentives to property owners who own property in the
overlay district when choosing to redevelop and reuse vacant commercial
buildings and land within the overlay district.
(3)
To promote development of uses which will provide a sound tax base
and employment opportunities for the Township.
(4)
To promote the assembly of small nonconforming or underutilized properties.
(5)
To promote development that supports the use of mass transit services.
(6)
To encourage mixed-use development with commercial businesses on
the ground floor and residential uses on floors other than the ground
floor.
C.
All land uses permitted within the underlying zoning districts shall
be permitted in the Lincoln Highway Overlay District. The following
additional use shall also be permitted by conditional use of the Board
of Commissioners:
(1)
Hotel complex and conference center.
D.
The following area and bulk requirements shall apply to all uses
in the Lincoln Highway Overlay District:
|
Zone
| |||
|---|---|---|---|
|
Regulation
|
1
|
2
| |
|
Minimum net lot area
|
20,000 square feet
|
1 acre
| |
|
Minimum lot width
|
40 feet
|
80 feet
| |
|
Minimum front yard setback
|
0 feet
|
20 feet
| |
|
Minimum side yard setback
|
5 feet
|
10 feet
| |
|
Minimum rear yard setback
|
5 feet
|
5 feet
| |
|
Maximum building height
|
60 feet
|
60 feet
| |
|
Maximum impervious coverage
|
90%
|
80%
| |
|
Maximum building coverage
|
80%
|
50%
| |
|
Ratio of lot width to height
|
2:1
|
2:1
| |
E.
All uses within the Lincoln Highway Overlay District shall provide
public sewer and water.
F.
The following design requirements and site improvements shall apply
to all uses in the Lincoln Highway Overlay District:
(1)
Landscaping. Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, drive aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped in accordance with an overall landscape plan that is prepared in accordance with the provisions of § 155-119 and approved by the Board as part of land development.
(2)
Streetlighting. Properties in Zone 1 may install lights on the building
in lieu of streetlights, subject to approval of the Board of Commissioners.
Properties in Zone 2 of the overlay district shall install streetlights
at consistent intervals as approved by the Board of Commissioners.
(3)
The use of joint access driveways, rear alleys to provide access
to the rear of lots and shared parking shall be encouraged.
G.
When redevelopment of an existing property, building or structure
within the Lincoln Highway Overlay District is proposed or any new
use of an existing structure or building is introduced, the Board
of Commissioners may approve the following incentives or modifications
of the standards that would otherwise apply pursuant to this chapter
or the Caln Township Subdivision and Land Development Ordinance.[2]
(1)
If an existing building is nonconforming with regard to height or
building setbacks, the Board of Commissioners may allow the existing
building to be expanded or enlarged by no more than 25% without the
requirement of obtaining variance or special exception approval, provided
that the nonconforming condition is not increased. (For example, if
an existing building has a nonconforming front yard setback, the building
may be enlarged by no more than 25%, provided the nonconforming setback
is not further increased). If an existing lot is nonconforming with
regard to building cover or impervious cover, the Board of Commissioners
may allow an existing building to be expanded or enlarged by no more
than 25% without the requirement of obtaining variance or special
exception approval, provided the applicant can demonstrate to the
Board of Commissioners' satisfaction that there will be no increase
in stormwater runoff or other harmful or dangerous effects to Lincoln
Highway or adjacent properties.
(2)
For any lot located in the overlay district which is nonconforming
with respect to minimum net lot area and/or minimum lot width, the
Board of Commissioners may permit the nonconforming lot to be used
for any of the uses permitted in the underlying zoning district without
the requirement of obtaining variance or special exception approval,
provided that all other area and bulk requirements may be met and
the applicant does not own any adjacent land which can be merged together
with the nonconforming lot.
(3)
The Board of Commissioners may agree to reduce the total number of off-street parking spaces that would otherwise be required pursuant to Article X of this chapter for the proposed use(s), provided that the applicant demonstrates that it has provided sufficient parking for its use(s) and the proposed use(s) will utilize public transportation services or other modes of transportation for its customers and/or employees. Applicants are also encouraged to use joint parking arrangements. Off-premises parking on other lots may also be permitted to satisfy the off-street parking requirements in Article X, provided that the applicant secures an agreement with the property owner where the parking is to occur and the off-premises parking area is within 200 feet of the use(s).
(4)
Applicants may use joint off-street loading areas with other adjacent
land uses, provided that the proposed loading area is within 200 feet
of the use which it serves and provided that the applicant secures
a written agreement from the owner of the property where the common
loading area is located.
(5)
The Board of Commissioners may agree that certain area and bulk requirements
that are required for the use as identified in the underlying zoning
district requirements or in this section may be modified if necessary
to allow the redevelopment or reuse of the lot or building, provided
the applicant demonstrates that literal compliance with the area and
bulk requirements makes redevelopment impracticable or creates undue
hardship given the site constraints.
(6)
For any redevelopment or reuse of an existing building in the overlay
district, the Board of Commissioners may waive the public facilities
and open space requirements in the Township's Subdivision and Land
Development Ordinance,[3] provided that the overall impervious cover on the lot
is reduced after redevelopment, additional green areas are added pursuant
to a landscape plan approved by the Board of Commissioners or the
applicant incorporates green building techniques into its redevelopment
or reuse.
[1]
Editor's Note: Former § 155-44, Thorndale Station
Overlay District, as amended, was repealed 10-10-2013 by Ord. No.
2013-07.
[1]
Editor's Note: Former § 155-45, Adaptive Reuse and
Redevelopment Overlay District, was repealed 10-10-2013 by Ord. No.
2013-07.
A.
The Route 30 Bypass Interchange Overlay District shall
be a special overlay to the underlying zoning district within Caln
Township. The objectives of this Special Overlay District are outlined
as follows:
(1)
To provide incentive-minded parameters to attract
or expand desirable land uses, including: office and business parks;
hospitals and medical campuses; hotel complex and conference centers;
restaurants; medical research and laboratory centers; and higher learning
institutions.
[Amended 10-30-2008 by Ord. No. 2008-9]
(2)
To establish enterprise zones that will provide economic
benefits to the tax base while creating employment opportunities.
(3)
To make the most efficient use of the land areas near
the existing interchanges.
(4)
To maintain a positive relationship with the local
business community.
(5)
To implement the recommendations concerning land use
planning and economic development, as outlined within the Caln Township
Comprehensive Plan.
B.
The Route 30 Bypass Interchange Overlay District shall
be defined as all land areas within the C-2 Zoning District in Caln
Township within a concentric zone as measured by a three-thousand-foot
radius extending outward from the middle of the following interchanges
along the Route 30 Bypass: the interchange at Reeceville Road and
Fisherville Road; the interchange at Route 340 and Route 30; and the
interchange at Route 322 and Route 30. The limits of the Route 30
Bypass Overlay District shall be determined by the Caln Township Zoning
Officer.[1]
[Amended 4-24-2008 by Ord. No. 2008-6; 10-30-2008 by Ord. No.
2008-9]
[1]
Editor's Note: A map of the Route 30 Bypass Overlay District is included as an attachment to this chapter.
C.
All land uses permitted within the underlying zoning district, as specified within Article IV of this chapter, shall be permitted within the Route 30 Bypass Overlay District.
D.
The following principal uses and their accessory uses are permitted by conditional use within the Route 30 Bypass Interchange Overlay District, provided that a conditional use is granted by the Board of Commissioners; only one principal use is permitted per lot meeting the minimum and maximum dimensional requirements; the use complies with all other supplemental development and design requirements specified within the Code; and that the applicant satisfies the criteria for conditional uses set forth in § 155-172 of the Code:
[Amended 10-30-2008 by Ord. No. 2008-9]
(1)
Office and business parks. All such uses shall be permitted, provided the proposed office and business park contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 155-74 of the Code.
(2)
Hospitals and medical campuses. All such uses shall be permitted, provided the proposed medical campus contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 155-75 of the Code.
(3)
Medical research and laboratory centers. All such uses shall be permitted, provided the proposed medical research and laboratory center contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 155-75 of the Code.
(4)
Higher learning institutions and trade schools. All such uses shall be permitted, provided the proposed higher learning institution or trade school contains at least three acres per permitted use, and subject to the provisions of § 155-91A of the Code.
(5)
Hotel complex and conference centers. All such uses
shall be permitted, provided the proposed hotel complex and conference
center contains at least two acres per permitted use.
(6)
Restaurants. All such uses shall be permitted, provided
the proposed restaurant is either part of the permitted hotel complex/conference
center; located as a separate parcel of land exceeding one acre in
land area; and does not include drive-though services.
(7)
Recreational uses. All such uses shall be permitted, provided the proposed recreational use is accessory to the permitted uses described in this section of the Code as well as the requirements specified under § 155-90 of the Code.
(9)
Retail
business establishments with greater than 7,500 square feet of floor
area but less than 15,000 square feet of floor area. All such uses
shall be permitted, provided the proposed retail business establishment
is part of a shopping center or shopping mall, or located on a separate
lot not less than two acres in net lot area.
[Added 5-14-2009 by Ord. No. 2009-02]
E.
Unless otherwise specified by the Board of Commissioners
as part of the conditional use application, all proposed uses shall
be serviced by public sewage disposal facilities and public water
supply facilities.
F.
The following minimum and maximum dimensional requirements
shall apply to all uses within the Route 30 Bypass Overlay District.
(1)
The minimum lot width shall be 200 feet per lot.
(2)
The front yard setback shall be 60 feet, as measured
from the ultimate right-of-way line.
(3)
The side yard setback shall be 30 feet for each side.
(4)
The rear yard setback shall be 50 feet.
(5)
Each permitted use shall be located at least 100 feet
from an existing lot containing an existing residential use.
(6)
The maximum height of the buildings shall be 50 feet.
(7)
The maximum building coverage shall be 40% of the
approved lot.
(8)
The maximum lot coverage shall be 60% of the approved
lot.
G.
The following architectural and aesthetical design
requirements shall be applied to all permitted uses within the Route
30 Bypass Overlay District:
(1)
Where developments contain multiple buildings and
uses, the architectural appearance should be compatible or harmonious
to each other.
(3)
Unless otherwise directed by the utility company providing
service, all proposed utilities shall installed underground.
(4)
Where feasible, all dumpsters shall be located in
the rear yard within an enclosed fence with a lockable gate. The location
of the dumpster and the specifications of the fence shall be subject
to the approval of the Board of Commissioners as part of the conditional
use application.
(5)
Where feasible, streetlights should be considered
and strategically located at consistent intervals. All streetlights
shall have a diffused light source at the luminaries so as to avoid
glare. Any parking lot lights which interfere with the location of
the required sidewalk system shall be relocated. The size, type and
location of the streetlights shall be subject to the approval of the
Board of Commissioners.
(6)
The total number and size of all signs within the Route 30 Bypass Overlay District should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Where feasible, the off-street parking spaces and
loading spaces for all uses should be located along the sides or rear
of the principal building. Whenever the proposed off-street parking
spaces interfere with the location of the required sidewalk system,
such off-street parking shall be relocated.
H.
The design requirements and site improvements listed
under this section of the Code are intended to provide direction to
all applicants seeking conditional use approval. Where feasible, these
design requirements and site improvements shall be applied to the
conditional use application as well as the subdivision and land development
plan. If certain design requirements and site improvements are determined
to be unwarranted based upon the existing site conditions and not
for financial reasons, the Board of Commissioners may consider alternative
options relative to the design and improvement of the lot or parcel.
A.
The Historical Preservation Overlay District shall
be a special overlay to the underlying zoning district within Caln
Township. The objectives of this Special Overlay District are outlined
as follows:
(1)
To establish a zone that emphasizes the preservation
of selected areas that have historical significance.
(2)
To implement the official policy statement for the
protection and preservation of historical resources.
(3)
To establish effective historical enhancement provisions
which consider provisions for buffer yards, scenic vistas, landscaping,
signs and other visual enhancements.
(4)
To promote tourism within this historical region of
Chester County.
(5)
To implement the recommendations concerning historical
and cultural resources, natural features and land use planning, as
outlined within the Caln Township Comprehensive Plan.
B.
The Historical Preservation Overlay District shall
include the areas within Caln Township which are located between the
Route 30 Bypass and the municipal boundary line of East Brandywine
Township, including all of the land area between Reeceville Road and
Route 322. The limits of the Historical Preservation District shall
be determined by the Caln Township Zoning Officer. A map of the Historical
Preservation Overlay District is attached hereto and incorporated
into Appendix A, Township Maps, for reference.
[Amended 4-24-2008 by Ord. No. 2008-6]
C.
All land uses permitted within the underlying zoning district, as specified within Article IV of this chapter, shall be permitted within the Historical Preservation Bypass Overlay District.
D.
As part of all future subdivision and land development
applications, the following design requirements and site improvements
shall be considered:
(1)
No proposed building or structure shall be located
within 100 feet of a historical site which is listed on the National
Register of Historical Places.
(2)
No proposed building or structure shall be located
within 50 feet of a historical site which is not listed on the National
Register of Historical Places but listed as a significant historical
site within the Caln Township Comprehensive Plan or as identified
by the Caln Township Historical Commission.
(3)
Where feasible, street trees and other aesthetic landscaping improvements should be incorporated into the design of the subdivision or land development plan. Unless otherwise directed by Caln Township, all proposed street trees shall be located at least 10 feet from the legal or ultimate right-of-way line, outside of the clear sight triangle for all intersections, and staggered to promote future growth. The selected street trees and landscaping materials shall comply with the provisions of § 155-119 of the Code.
(4)
The total number and size of all signs within the Historical Preservation Overlay District should be limited to avoid clutter and to serve the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(5)
Unless otherwise directed by the utility company providing
service, all proposed utilities shall installed underground and within
a utility easement or right-of-way.
(6)
All proposed residential uses shall consider the architectural
characteristics of the existing properties within the Historical Preservation
Overlay District. Where appropriate, the developer shall utilize building
materials that are compatible to these existing properties.
(7)
The proposed developments shall be designed with regard
to the topographic and natural features of the site. The purpose of
this provision is to insure that the natural features of the development
are preserved and protected to the extent that it is not necessary
to disturb the site in order to implement the criteria and standards
of this Code. All natural features (lakes, streams, topsoil, knolls,
basins, trees and shrubs) not proposed for disturbance as otherwise
permitted by the objective standards and criteria of this Code shall
be preserved and incorporated into the final landscaping and open
space design of the development.
(8)
The development shall be designed to preserve and
incorporate scenic, natural, historical and cultural features. Where
feasible, the development shall incorporate, locate and identify scenic
vista points, which will remain after construction of the proposed
residential dwellings, other permitted uses and related site improvements,
and which will provide visual amenities to the development. The vista
points may include unobstructed views looking into the development
from adjacent public roads and unobstructed views within the development,
each incorporating open space and/or other preserved natural features.
E.
All subdivision and land development applications
within the Historical Preservation Overlay District shall be submitted
to the Caln Township Historical Commission [1] for review and consideration. Where appropriate, the Caln
Township Historical Commission may submit written comments to the
Board of Commissioners, Planning Commission and Zoning Officer.
