A building or unified group of buildings may be erected or used and a lot may be used or occupied for any of the following uses and no other, and subject to §
210-224 of this chapter dealing with prohibited uses and performance standards, provided that the use and conversion of any existing dwelling shall comply with the provisions of Article
XXVI and §
210-225, and provided that the demolition of, or special exception or conditional use for a historic resource shown on the Historic Resources Map, or any subdivision, land development or construction activity within 300 feet of a historic resource shall be subject to the provisions of this chapter, Article
XIXA, relating to historic preservation; and further provided that the use shall comply with the provisions of Article
XX, Floodplain Conservation District, of this chapter.
A. Uses by right (permitted principal uses).
(1) The principal permitted uses of the C-1 District from §
210-119A and telecommunications facilities with antenna as a conditional use, subject to the provisions of Articles
XXA and
XXVII of this chapter, may apply whenever the total lot area of the property is less than three acres on the effective date of this chapter.
[Amended 10-5-1999 by Ord. No. 244]
(2) A planned shopping center, including the following uses as part of an integrated retail development:
(a) Retail store, including department store, variety store, furniture store, specialty shop or any other retail store or shop designed primarily to serve an area larger than the immediately surrounding neighborhood, with a gross floor area of less than 65,000 square feet.
(b) Retail service or personal service shop, provided that:
[1] Any repair or service activity, if located on the ground floor, shall be not less than 15 feet from the front of the building and shall be screened by a wall or partition from the front portion of the building used by customers.
[2] The area devoted to repair or service activity shall constitute not more than 60% of the gross floor area.
[3] Any materials employed for laundry or dry cleaning will not involve danger of fire or explosion.
(c) Office, office building, utility office, professional office.
(d) Studio, broadcasting studio.
(e) Bank or financial institution.
(f) Automated teller machine (ATM).
(g) Commercial drop-off and pickup boxes.
(4) Commercial education or instruction; educational institution.
(7) Health spa and/or physical fitness club.
(11) Motor vehicle parts accessories store, not including sale of motor fuel.
(14) Cellular telecommunications facility with antenna, provided that such antenna is attached to an existing tower, water tower, smoke stack or other similar tall structure, subject to the requirements of Article
XXA of this chapter.
B. Accessory uses.
(1) Vehicle parking lot as accessory use to the permitted commercial uses.
(2) Accessory use on the same lot with and customarily incidental to any of the principal permitted uses, which use may include:
(a) Storage within a completely enclosed building in conjunction with a permitted use.
(b) Living accommodations for the proprietor of a store or business establishment, or for a watchman or caretaker or live-work units, provided that no such dwelling accommodation shall be located on the first floor.
(c) Signs as permitted in Article
XXIII of this chapter.
C. Uses by special exception, when authorized by the Zoning Hearing Board.
[Amended 1-2-2001 by Ord. No. 255]
(1) Any use of the same general character as those permitted by right (principal permitted uses) and not provided for in any other commercial district.
(2) Motor vehicle sales agency (not to include a heavy truck sales agency as a principal use) and motor vehicle rental agency, provided that all facilities are located and all services are conducted within the confines of the lot.
(3) Hotel, motel, or inn, provided that such use is designed so as to constitute a logical and harmonious element of the overall development plan for the particular district location.
(5) Public or private garage or parking lot, provided that:
(a) All facilities are located and all services are conducted within the confines of the lot.
(b) Such use shall not include the storage or accumulation of motor vehicles or parts thereof outside of buildings in excess of 24 hours.
(7) Laundry, dry-cleaning or clothes-pressing establishment, provided that the materials employed will not involve danger from fire or explosion, and the use will not detract from the predominant commercial character of the district and will be served by public sewer.
(8) Commercial greenhouse or nursery.
(9) Wholesale business establishment.
(10) Cellular telecommunications facility with antenna subject to the provisions of Articles
XXA and
XXVII of this chapter.
(12) Emergency service facility.
(13) Administrative regional headquarters of motor vehicle rental agency, including incidental local motor vehicle rental agency, together with an accessory temporary storage lot, provided that:
(a) The local motor vehicle rental agency shall be located in the headquarters office building and shall occupy no more than 20% thereof.
(b) Vehicles for storage may be in a parking arrangement that is stacked without aisles.
(c) Any accessory temporary storage lot shall be used only for nonrented vehicles and shall be screened from adjacent streets and properties by use of a berm, fence, wall or dense plantings, or a combination thereof
(d) The sale, service, repair or washing of motor vehicles is prohibited.
(14) Shops of craftsmen, provided that the gross floor area devoted to such use shall not exceed 8,000 square feet.
(15) Indoor entertainment facility, including a dinner theatre, music theatre and/or performing arts center or theatre.
(16) Medical marijuana dispensary facility.
[Added 6-4-2019 by Ord. No. 387]
(a) The use of a building for the dispensing of medical marijuana shall be permitted only upon grant of a special exception to an applicant possessing a dispensary permit issued by the Commonwealth of Pennsylvania, in accordance with the criteria and process set forth in this chapter, for properties located within the C-2 Planned Business and Commercial Zoning District, where the property fronts on one of the principal arterial highways of Route 1, Route 202 and/or Route 322.
(b) Signage for all medical marijuana dispensary facilities shall be limited to the name of the business only, shall be in compliance with the Township's sign regulations, and shall contain no advertising of any companies, brands, products, goods, or services, or any drug-related symbols.
(c) The medical marijuana dispensary facility shall only be located in a secure facility with each and every entrance and exit thereto dedicated solely to the dispensary facility. There shall be no passageways connecting the dispensary to any other facility. Any and all common walls of the dispensary shall be fire walls subject to approval by the Township Building Code Official to assure that the facility is secure. The building in which any medical marijuana dispensing facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building codes, the Township's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the MMA.
(d) A medical marijuana dispensary facility shall not be located within 1,000 feet of a residential zoning boundary line or within 1,000 feet of any public, private or parochial schools or day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located, to the closest property line of the protected district or use, regardless of the municipality in which it is located.
(e) The operators of all medical marijuana dispensary facilities shall provide the Township Manager or the Township Manager's designee with the name, phone number, facsimile number, and email address of an on-site representative to whom the Township and the public can provide notice if there are any operational problems associated with the medical marijuana dispensary facility. All medical marijuana dispensary facilities shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the Township or law enforcement. There shall be "no loitering" signs posted in the parking lots at all medical marijuana dispensary facilities.
(f) Security cameras shall be installed and maintained in good working condition, and used in an ongoing manner with at least 120 concurrent hours of digitally recorded documentation as a condition of the grant of the special exception. The camera shall be in use 24 hours a day, seven days a week. The areas to be covered by the security cameras shall include, but are not limited to, the storage areas, all doors and windows, all waste storage facilities, and any other areas as required by the conditions imposed as part of the grant of the special exception. Any and all recordings shall be kept for a period of at least two years.
(g) The Township Building Code Official and law enforcement personnel shall have the right to enter the medical marijuana dispensary facility with due cause, for the purpose of making reasonable inspections, to observe and enforce compliance with this section, all laws of the Township, and all state laws.
(h) The application for a special exception shall include at a minimum the following information:
[1] An estimate of the size of the proposed medical marijuana dispensary facility;
[2] The address of the location for which the special exception is sought;
[3] The site plan and floor plan for the proposed premises denoting the use of all areas of the premises, including storage, dispensary areas, lighting, signage, parking, etc.;
[4] The proposed security plan in compliance with the MMA;
[5] The name and address of the owner and lessor of the real property upon which the medical marijuana dispensing activity is proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must also have a notarized acknowledgement from the owner of the real property that a medical marijuana dispensary facility will be operated on the property;
[6] Evidence that the medical marijuana dispensary facility will be located in a structure that is compliant with all of the requirements of the MMA; and
[7] The location of any other existing or proposed marijuana dispensaries within 3,000 feet of the site.
(i) Enforcement.
[1] Any person who engages in a violation of this subsection, or who owns, possesses, controls, or has charge of any parcel of real property in the Township upon which a violation of this subsection
e is maintained, shall be subject to the penalties and remedies provided by this subsection.
[2] Any violation of this subsection shall constitute a separate offense for each and every day the violation occurs or persists.
[3] Any person in violation of any provision of this subsection shall be punishable by a fine of up to $1,000 per offense.
D. Conditional uses, subject to the provisions of Article
XXVII of this chapter.
[Amended 1-2-2001 by Ord. No. 255]
(1) Retail store, including department store, variety store, furniture store, specialty shop or any other retail store or shop designed primarily to serve an area larger than the immediately surrounding neighborhood, with a gross floor area of 65,000 square feet and greater, subject to §
210-129.
(2) Restaurant, fast-food; restaurant, drive-in service; restaurant, drive-through service.
(3) Indoor place of amusement, such as a theater, or indoor recreation such as a bowling alley.
(4) Outdoor place of amusement.
(6) Personal care facility in accordance with §
210-238F.
(7) Convenience store or mini-market of 4,000 square feet or more, and/or including the retail sale of gasoline as an accessory use, provided that:
[Added 7-3-2001 by Ord. No. 259]
(a) Said use is designed for commercial goods, and hours of operation which encourage short stops for specific items rather than extensive shopping trips.
(b) The lot on which such use is established shall not be less than three acres in size.
(c) The lot on which such use is established shall be located at a highway intersection with the lot containing frontage on two highways classified as principal arterial highways and/or collector highways by Chapter
160, Subdivision and Land Development of the Code of the Township of Concord.
(8) Retail sale of fireworks.
[Added 5-2-2006 by Ord. No. 302]
(9) Any establishment that receives a transfer of a liquor license.
[Added 1-2-2007 by Ord. No. 309]
(10) Car wash.
[Added 5-6-2008 by Ord. No. 321]
(11) Seasonal outdoor restaurant seating.
[Added 3-1-2011 by Ord. No. 334]
(a) Seasonal outdoor restaurant seating contemplates the service of food and beverages, including alcoholic beverages if the establishment possesses a valid liquor license, to patrons seated at tables and chairs arranged in an orderly fashion in a partitioned area outside and contiguous to the restaurant building. Said area shall not include a separate bar for the service of alcohol.
(b) Additional parking shall be provided at a ratio of one parking space per four outdoor seats. Required off-street parking shall be provided in accordance with §§
210-196 and
210-197 of this chapter.
(c) An enclosure wall or fence shall be required to be constructed around the perimeter of any seasonal outdoor restaurant seating area at a minimum height of 42 inches.
(d) Seasonal outdoor restaurant seating may be uncovered, partially covered or fully covered by means of umbrellas, an awning or canopy, but in no instance shall said area be fully enclosed and heated so as to be utilized as seating area at any time from November 1 through April 1.
(e) The design of the seasonal outdoor restaurant seating area shall be reviewed and approved by the Township Planner as part of the conditional use permitting process to ensure compatibility with the corresponding building and landscape.
(f) Minimum security lighting shall be provided for all seasonal outdoor restaurant seating areas open to the public. Decorative or accent lighting may be used, provided that the canopy/awning lighting is directed downward. Exposed neon tube lighting shall be prohibited.
(g) All forms of speaker amplification associated with the seasonal outdoor restaurant seating shall be reviewed and approved by the Township Engineer as part of the conditional use permitting process.
(h) Outdoor fireplaces, fountains and any other structures accessory to the seasonal outdoor restaurant seating area shall be reviewed and approved by the Township Township Council as part of the conditional use permitting process.
E. The uses permitted by right (principal permitted uses) and the uses permitted as conditional uses shall not include adult entertainment uses, as defined in this chapter.