Township of Independence, PA C-1 General Commercial District

Bank and related financial services.

Funeral home.

Municipal buildings and facilities, including recreation.

Office: business, professional, sales.

Personal and professional services.

Recreation, commercial indoor/including private clubs.

Restaurant, cafe, lounge (not drive-in).

(8)

Retail sales and service.

Conditional use.

Shopping center - planned shopping area.

Ancillary on-site product manufacturing

Adult businesses.

[Added 2-12-1997 by Ord. No. 1-97]

Cellular communication antennas in accordance with § 200-53.

[Added 5-5-2004 by Ord. No. 1-2004]

Medical marijuana facility; including grower/processor facility, dispensary, academic clinical research centers, and medical marijuana delivery vehicle office.

[Added 6-14-2017 by Ord. No. 1-2017].

Special exception.

Ancillary residential.

Car wash and auto service.

Motel, hotel.

Drive-in restaurant.

Bed-and-breakfast/tourist.

Accessory use.

Uses customary to principal use.

§ 200-22 Conditional use provisions.

The following conditional uses may be authorized by the Township Supervisors pursuant to the standards and criteria specified herewith:

Shopping center. A combination of retail commercial and service uses situated on a common site and designed as an integral business center.

The proposed site shall not be less than five acres in size, meet Act 537[1] and all local sewerage requirements, be under single ownership or control and shall be developed as a single entity for the type of commercial establishments permitted under this chapter for the C-1 District.

Permitted uses shall be limited to:

Those uses specified for C-1 Districts under the provisions of this chapter for use by right, conditional use and special exception.

Editor's Note: See 35 P.S. § 750.1 et seq.

Off-street loading, parking and signs shall be provided and developed consistent with the requirements of Articles X and XI of this chapter.

The following area and bulk requirements shall apply:

	Site size	217,800 square feet (5 acre)
	Site width	150 feet minimum
	Site coverage	35% maximum
	Distance between buildings	30 feet minimum
	Building setback line	100 feet minimum
	Side yards	50 feet minimum
	Rear yards	50 feet minimum
	Paved areas	60% maximum
	Building height	35 feet or 3 story maximum

A site plan, prepared by a licensed architect or civil engineer registered in the Commonwealth of Pennsylvania, shall be submitted as part of the application for conditional use for review by the Planning Commission and the Township Supervisors. The site plan shall include:

A survey drawn to scale prepared by a licensed professional land surveyor, registered in the Commonwealth of Pennsylvania, showing the exact size, shape and dimensions of the lot to be built upon;

The exact size and location of all existing buildings and structures on the lot;

The exact size and location on the lot of the structure or building proposed to be erected, moved, repaired or altered;

All adjacent streets or alleys with traffic flow patterns;

The proposed parking facilities including the size, arrangement and number of parking stalls and placement of lighting standards;

(f)

The circulation plan for all vehicles and ingress and egress drives for all off-street parking and loading areas both front and rear, to ensure the prevention of blockage of vehicles entering and leaving the site and to provide for clean lines of vision;

(g)

Preliminary architectural and engineering sketches showing plan levels, elevations and other necessary information related to water runoff control, slope, contours, type of building construction, etc.;

(h)

Areas to be utilized for the exterior storage of materials and type of architectural screen to be provided; and,

(i)

Such other information as may be required by the Board of Supervisors, the Planning Commission and the official subdivision regulations.[2]

[2]

Editor's Note: For provisions regarding subdivision regulations see Ch. 178, Subdivision and Land Development.

Ancillary on-site product manufacturing.

Activity shall be limited to related on-site manufacturing of products in conjunction with retail sales, crafts, food products and similar predominantly retail functions and services normal to the primary commercial land use.

A minimum of 50% of all products produced on-site shall be sold at retail on-site.

All nonretail operations shall be accommodated in the rear portion of the structure and separate from retail activities.

All receiving, loading and handling of materials and products shall be to the rear of the structure.

Adult businesses.

[Added 2-12-1997 by Ord. No. 1-97]

This use shall be subject to the following express standards and criteria, and to any other standards and criteria applicable to all conditional uses:

Adult businesses may be established only in the C-1 General Commercial District.

Persons or owners who intend to operate an adult business in the Township of Independence must obtain from the Township a license to operate such an enterprise, and must pay an application investigation fee in an amount as set from time to time by resolution of the Board of Supervisors to the Township. Applicants for such licenses must furnish such information as is required on the license application form with completeness and accuracy. This form will be available at the office of the Township Secretary.

No adult businesses may be located within 500 feet of a property boundary line of a preexisting school, hospital, day-care center, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, playground or church.

No adult businesses may be located within 500 feet of a property boundary line of another adult business.

Alcoholic beverages will not be permitted on the premises of an adult business.

(f)

Any sign displayed by an adult business will, in addition to conforming to other applicable provisions of this chapter, be limited to the name of the business and its hours of operation, and will not bear any pictorial or graphic designs.

Cellular communication antennas in accordance with § 200-53.

[Added 5-5-2004 by Ord. No. 1-2004]

Academic clinical research centers.

[Added 6-14-2017 by Ord. No. 1-2017]

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

All external lighting serving an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where an academic clinical research center adjoins a residential use or district.

Any and all other provisions contained in the Act affecting the construction, use and operation of an academic clinical research center.

The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.

Grower/processor facility.

[Added 6-14-2017 by Ord. No. 1-2017]

A grower processor facility which grows medical marijuana must be owned and operated by a grower/processor legally registered with the Commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.

A grower/processor facility which grows medical marijuana can only do so in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The maximum floor area of a grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.

The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at the grower/processor facility.

A grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(8)

All external lighting serving a grower/processor facility must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.

(9)

A buffer planting is required where a grower/processor facility adjoins a residential use or district.

(10)

Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.

(11)

The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Independence Ordinances.

(12)

Any and all other provisions contained in the Act affecting the construction, use and operation of a grower/processor facility.

(13)

Any medical marijuana facility lawfully operating pursuant to the Act shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

Medical marijuana delivery vehicle office.

[Added 6-14-2017 by Ord. No. 1-2017]

A traffic impact study is required where the office is to be located and operated.

All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district.

Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and Land Development review and approval if a new facility is being built and utilized pursuant to the Township of Independence ordinances.

If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/producer facility and dispensary facility.

Any and all other provisions contained in the Act affecting the construction, use and operation of a medical marijuana delivery vehicle office.

Dispensary facility.

[Added 6-14-2017 by Ord. No. 1-2017]

A dispensary facility must be owned and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.

A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

A dispensary facility may not operate on the same site where a grower/processor facility is located.

A dispensary facility shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.

Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

A dispensary facility shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.

Dispensary facility shall:

Not have a drive-through service;

Not have outdoor seating areas:

Not have outdoor vending machines;

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

Not offer direct or home delivery service.

(8)

A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act and shall comply with all lawful, applicable health regulations, including those of the DOH.

(9)

A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line, from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(10)

A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.

(11)

Any medical marijuana facility lawfully operating pursuant to the Act shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

(12)

All external lighting serving a dispensary facility must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.

(13)

A buffer planting is required where a dispensary facility adjoins a residential use or district.

(14)

Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.

(15)

The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of Independence ordinances.

(16)

Any and all other provisions contained in the Act affecting the construction, use and operation of a dispensary facility.

§ 200-23 Special exception provisions.

The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith:

Ancillary residential.

Residential use ancillary to commercial establishments shall be limited to one dwelling unit per commercial unit.

Occupancy of the dwelling unit shall be limited to a person or persons directly associated and involved with the business through ownership or employment on an on-going basis.

All such dwelling units shall be situated within the primary related commercial structure.

The dwelling unit shall meet the following minimum requirements:

Minimum area: 400 square feet.

Each unit shall contain not less than one private bedroom and one additional habitable room in addition to private bath, sanitation and cooking facilities, all of which shall be segregated and independent of the primary commercial use.

Fire and safety provisions shall be adequate to meet all applicable local and state requirements. Certification of compliance shall be presented from the local Fire Chief or an authorized representative thereof.

In the absence of public sewerage facilities, certification shall be obtained from the appropriate local authority that on-site sewage disposal facilities are adequate to serve the anticipated demands of the projected use.

Car wash and auto service.

Off-street parking, holding and circulation areas shall be arranged so as not to cause blockage of any means of ingress and egress and to assure that the traffic flow on adjacent public thoroughfares is not endangered or impeded in any way.

Means of ingress and egress shall be established and clearly marked. Where both an automobile laundry and an auto service facility are in joint operation, separate means of ingress and egress shall be required for each facility.

If additional acceleration or deceleration lanes are deemed necessary by the Township or the Pennsylvania Department of Transportation, the developer shall be responsible for providing the necessary right-of-way and the cost of constructing such facilities.

Motel, hotel.

These establishments may have related facilities such as restaurants, auditorium spaces, swim club areas and similar functions. All such related facilities available to other than registered guests shall require additional parking facilities as prescribed in this chapter for public assembly facilities.

In addition to the regulations governing the C-1 District, establishments shall be subject to the following additional safeguards and regulations:

No operation providing five or more guest rooms shall be conducted on a lot of less than two acres.

Establishments shall be serviced by, and connected to, a water system regulated by the PUC and approved by PA-DEP, and a municipal sewage system or a sewage treatment system approved by PA-DEP.

Front, side and rear yards that are not permanently paved shall be landscaped and maintained year around.

Units, or parts and amenities thereof, shall be placed no closer than 50 feet of any property line.

The required side clearance between separate buildings shall not be less than 20 feet and the clearance between the front or rear of units shall be a minimum of 50 feet.

(f)

Signs and off-street parking and loading space shall be developed in accordance with Articles X and XI of this chapter.

(g)

Every application for a permit shall be accompanied by a plan showing as a minimum:

The boundaries and area of the lot,

[2]

All entrances, exits, driveways, roads and walkways,

[3]

Locations of all structures and their use, and

[4]

Location and source of all utilities including sewers, water, electricity and natural gas.

Drive-in restaurant.

Points of vehicular ingress and egress shall be limited to adjacent thoroughfares having business-zoned frontage only. The angle and siting of driveway intersections with adjacent thoroughfares shall be based upon safe traffic movements and shall be approved only following a positive report from the Township Engineer.

A fence or wall shall be erected along all abutting properties. Said fence or wall shall be protected from potential damage from vehicles by means of properly installed freeway type metal bumper guards or equal protective measures approved by the Township Supervisors.

Provisions shall be established and maintained on a continuing basis to control and eliminate litter on, and adjacent to, the site.

Bed-and-breakfast/tourist, subject to the standards and criteria of Article VI, § 200-15G of this chapter.

§ 200-24 Lot, area and dimensional requirements.

The following requirements shall apply in C-1 General Commercial Districts.[1]