(A) Specific intent.
(1) The Weis Street Overlay District is established as a special overlay to the underlying zoning districts, for all properties situated along Weis Street from the township line at the intersection of Weis Street with Locust Street to the property line between Brandywine Heights Elementary School and the western property line of the property on the northwest corner of Weis Street and Callowhill Street.
(2) The objectives and specific intent of this overlay zoning district are as follows:
(a) To establish reasonable standards of performance and to encourage adaptive re-use development of appropriate buildings and lands within the borough as a conditional use;
(b) To provide regulations specifically tailored to encourage and promote the rehabilitation of older non-used and under-utilized industrial, commercial and institutional buildings;
(c) To provide for a mix of residential and neighborhood-oriented commercial uses within said adaptive re-use developments which promote the economic revitalization of the borough;
(d) To promote the retention of older buildings and lands which enhance the image and preserve the heritage of the borough; and
(e) To provide locations for neighborhood-oriented business and related activities for the use and convenience of area and district consumers at a scale which is in concert with the existing residential and nonresidential development in the area. The uses are intended as low-impact uses which shall not have detrimental or adverse effects on the surrounding community and shall not impact negatively its current character.
(B) Uses permitted by right. Land and buildings in the WSO District may be used for the following purposes and for no others: as indicated on Table 1.
(1) Indoor place of amusement or recreation, subject to hours restrictions to be determined by Borough Council;
(2) Restaurant or café, not to exceed 600 square feet of gross floor area;
(3) Retail and wholesale sale of goods in a building not to exceed 2,000 square feet of gross floor area, selling antiques, appliances, beverages, books (but not an adult bookstore), clothing, confections, pharmaceuticals, dry goods, flowers, food, furniture, gifts, hardware, jewelry, newspapers, notions, periodicals, personal, office and household supplies, stationery and pre-packaged tobacco products;
(4) Repair shops for goods permitted to be sold by division (C)(3) above, excluding automotive and combustion engine repairs, unless the property has a prior variance, special exception or is a pre-existing nonconforming use which includes automotive and/or combustion engine repairs; and
(5) Dwelling unit in combination with a commercial use (up to four) subject to specific performance standards.
(1) In cases where an existing building is being re-used in a manner which does not change the footprint of the building, and the existing building does not conform to the setback requirements in the underlying zoning district, a permanent screening buffer shall be provided as determined by Borough Council.
(2) In cases where an existing building is being completely or partially razed, or where the footprint of an existing building is being altered, the new building, building addition or renovated structure shall, under no circumstances have any greater nonconformity from the required setbacks in the underlying zoning district than the structure being replaced or altered.
(Ord. passed 7-13-2015)