Township of Whitpain, PA Article XIX C Commercial Districts

§ 160-118 Applicable regulations.

In C Commercial Districts, the following regulations shall apply.

§ 160-119 Use regulations.

[Amended 8-2-1965 by Ord. No. 4-16; 8-19-1985 by Ord. No. 4-84; 9-4-1985 by Ord. No. 4-83; 8-16-1993 by Ord. No. 4-137; 11-1-1993 by Ord. No. 4-141; 7-10-1995 by Ord. No. 4-149; 10-6-1997 by Ord. No. 4-157]

A building may be erected, altered or used and a lot or premises may be used or occupied for any of the following purposes and no other:

A. Any use permitted in the least-restricted residential district abutting the particular C Commercial District in question, or if there is no such abutting residential district, then any use permitted in the residential district located nearest to any point within the particular C Commercial District in question, provided that where two or more residential districts would thus be included, the use regulations of the less restricted of such residential districts shall apply.

B. Fraternity house, lodge, rooming house, tourist home.

C. "Day camp," which is defined to mean a camp for minor children conducted between 9:00 a.m. and 5:00 p.m., but excluding Saturdays and Sundays.

D. Business or professional office; studio.

E. Bank, savings and loan association, financial institution.

F. Municipal uses, excluding a dump.

G. Telephone central office; telegraph or other public utility office; passenger station for public transportation.

H. Retail establishments for the sale of dry goods, variety and general merchandise, clothing, food, drugs, furnishings or other household supplies, jewelry, watches, clocks, optical goods or musical, professional or scientific instruments; pet stores or pet grooming establishments; however, the retail or wholesale sale or storage of lumber, plumbing or other building materials or supplies shall not be permitted.

I. Restaurant, tearoom, delicatessen, retail bakers, confectionery or ice cream shop or other places serving food or beverages, provided that drive-in, drive-through or outside carry-out food counters shall only be permitted by special exception.

J. Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises and employing not more than five persons.

K. Greenhouse, florist shop.

L. Personal service shop, including tailor, barber, beauty salon, shoe repair, dressmaking. photographer, newspaper sales, copy center, travel agency, or similar personal service business.

[Amended 7-1-2003 by Ord. No. 4-186]

M. Indoor theater, bowling alley, billiard room or other place of indoor amusement or recreation.

N. Any use of the same general character as any use hereinbefore specifically permitted by special exception.

O. Signs, when erected and maintained in accordance with Article XXVI of this chapter.

P. Noncommercial recreational use.

Q. "Club," which is defined to mean a voluntary, nonprofit incorporated or unincorporated association for the purpose of social or literary activities.

R. The following uses when authorized by special exception:

(1) Automobile or farm machinery sales and service agency with enclosed showrooms, including used car lot and repair shop adjacent thereto and in connection therewith.

(2) Gasoline filling stations, automobile repair shop, but excluding the storage of operational or junked automobiles, trucks or parts thereof.

(3) Hotel, automobile court (motel), provided that satisfactory public sewerage facilities are available.

(4) Hand or automatic self-service laundry, provided that satisfactory public sewers are available.

(5) Storage or public garage or storage of commercial vehicles not used by the business or activity on the premises.

(6) Municipal or private parking lot serving two or more commercial establishments within the district.

(7) Funeral parlor.

(8) Commercial kennel, veterinarian and animal hospital, provided that no animal shelter or run shall be located less than 100 feet from any lot line or street ultimate right-of-way; and a plan to mitigate the potential effect of noise and odors shall be implemented and subject to the approval of the Zoning Hearing Board.

(9) Convenience store.

[Added 7-1-2003 by Ord. No. 4-186]

(10) Repair shop, which shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, or other products permitted to be sold at retail in this district (but shall not include automobile, vehicle and motorcycle repair).

[Added 7-1-2003 by Ord. No. 4-186]

S. Day-care center, subject to the following special regulations:

(1) A lot area of not less than one acre and no more than four acres shall be provided for each day-care center.

(2) A lot area of not less than 500 square feet shall be provided for each child that the facility is licensed to accommodate.

(3) A lot width of 150 feet shall be provided along the ultimate right-of-way of an arterial or collector street (as defined in Chapter 129, Subdivision and Land Development, of the Whitpain Township Code).

[Amended 5-1-2018 by Ord. No. 4-249]

(4) Setbacks.

(a) Front, side and rear yards shall be provided on each lot which shall be not less than 50 feet.

(b) Parking areas shall be set back not less than 15 feet from all property lines.

(5) Day-care centers shall also comply with all other applicable regulations of this district not specifically superseded by the special regulations listed above.

T. Shopping center.

U. Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses.

[Added 7-1-2003 by Ord. No. 4-186]

V. Medical marijuana dispensary (as defined and limited by the Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16, as amended.[1]).

[Added 7-18-2017 by Ord. No. 4-245; amended 9-20-2022 by Ord. No. 4-259]

(1) No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

§ 160-120 Height regulations.

The maximum height of any building erected or used for any dwelling use permitted by § 160-119 herein shall be as prescribed for the residential district designated in accordance with §§ 160-22 and 160-39, and the maximum height of any other building erected or used in this district shall be 40 feet.

§ 160-121 Area, width and yard regulations.

A. Minimum lot area and width. For any building erected or used for any dwelling use permitted by § 160-119A herein, there shall be a lot area and lot width as prescribed for the residential district designated in accordance with said § 160-119A. Minimum lot area for any other use shall be no less than necessary to satisfy requirements in Subsections B, C, D, E and F below and the parking requirements of Article XXVII.

B. Minimum lot area shall be 6,000 square feet, and a lot must have at least 60 feet of frontage on a public road.

C. Front yard. There shall be a front yard on each lot, which shall be not less than 25 feet in depth from the street side line.

D. Side yards.

(1) On each corner lot, there shall be abutting the street a side yard having a width of not less than 25 feet from the street side line.

(2) On interior lots, two side yards are required, each having a width of not less than 10 feet.

(3) On a lot the interior side lot line of which abuts a residential district, the side yard abutting such district shall have a width of not less than that required in this adjoining district.

E. Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than 30 feet.

F. Building coverage. Not more than 25% of the area of any lot shall be occupied by buildings.

[Amended 10-6-1997 by Ord. No. 4-157]

G. Green space. Green space shall be required and installed in compliance with § 160-214 of this chapter.

H. Setbacks from residential districts.

[Added 8-19-1985 by Ord. No. 4-84]

(1) Where a building is adjacent to a residential district or faces a street on the opposite side of which is zoned residential, a setback of 50 feet or twice the height of the building, whichever is greater, shall be required from the property line or ultimate right-of-way line.

(2) No parking or paved area shall be permitted within 25 feet of a residential district or the ultimate right-of-way line of a street on the opposite side of which is zoned residential.

(3) The open space areas along residential districts and along streets opposite a residential district shall be landscaped in accordance with the procedures provided in §§ 160-107 and 160-108.

I. Outdoor storage and sales. No permanent or temporary storage of merchandise, articles or equipment shall be permitted outside a building, and no goods, articles or equipment shall be displayed or offered for sale between the front line of any building in the case of an existing building and the front street line of the property.

[Added 8-19-1985 by Ord. No. 4-84]

§ 160-122 Accessory dwelling units.

One single permanent dwelling unit per lot as an accessory use to the permitted retail operations on such lot may be allowed, provided that an additional 5,000 square feet of lot area is added to the minimum requirements of § 160-120 of this article, and provided that such dwelling unit shall be occupied by owners or employees employed on the premises and the immediate families of such owners and employees.

§ 160-123 Prohibited uses.

No building may be erected, altered or used for any trade or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise, or for the sale of drug paraphernalia, adult bookstore or a site for sale of pornographic materials.

§ 160-124 Screening.

[Amended 7-5-1988 by Ord. No. 4-108; 11-16-1999 by Ord. No. 4-168]

A C Commercial District use shall be provided with a permanent screen buffer from adjoining and contiguous Residential, Park and Recreation, and Institutional Districts by a combination of the following: wall, fence, evergreen hedge or other suitable enclosure of a minimum height of 6 1/2 feet, placed at least four feet inside the C Commercial District property line. The buffer shall be planted in accordance with a plan approved by the Board of Supervisors following a recommendation by the Planning Commission, which, at the very least, shall conform to the standards and requirements of § 160-107, Buffer yards and planting materials, of this chapter.

§ 160-125 Off-street parking and loading.

Adequate off-street parking and loading space is permitted in accordance with Article XXVII of this chapter.