The purpose of the Commercial District is to provide reasonable standards for the orderly expansion of general retail and other commercial uses in areas where a nucleus of such uses already exists or where, due to the character of the undeveloped land, the application of shopping center standards is not feasible. The standards of this district are designed to provide for the public convenience and to fulfill the other broad purposes of the chapter as set forth in § 500-101.
[Amended 8-18-1992 by Ord. No. 92-8; 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02; 9-20-1994 by Ord. No. 94-15; 10-2-2001 by Ord. No.
01-13]
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that no use which is noxious or hazardous shall be permitted except in accordance with Article XXV of this chapter.
B.
Bakery, confectionery or custom shop for articles to be sold at retail
on the premises.
C.
Personal service shop, such as, but not limited to, the following:
barbershop, beauty parlor, shoe repair shop, dry-cleaning pickup store,
tailor shop, automatic self-service laundry or dry-cleaning store.
D.
E.
Amusement or recreational establishment such as bowling alley, swimming
pool, skating rink, dance hall, golf driving range and indoor theater
when authorized by the Board of Supervisors as a conditional use,
provided that:
F.
Professional, business or government office.
G.
Bank or similar financial institution.
H.
Mortuary or funeral home.
I.
Parking lot, which use shall not include any on-site dispensing of
motor vehicle petroleum fuels and/or lubricants.
J.
Electric substation, telephone or telegraph office.
K.
General service shop such as upholsterer, electrician, plumber and
repair shop for items including, but not limited to, appliances, lawn
mowers, watches, bicycles, locks or small business machines.
L.
Newspaper or job printing.
M.
Apartment for one family in combination with a business use when
occupied by the owner or caretaker.
N.
Shopping center. A group or groups of integrated buildings on a site
of two acres or more within which retail trade and related service
activities are collected, subject to the following requirements:
(1)
All buildings shall take access from an internal drive or roadway.
(2)
The shopping center shall be designed as a complex of related
structures and circulation patterns and shall include improvements
for internal drives, coordinated utilities, landscaping and buffering.
(3)
The shopping center shall conform in all respects to the use regulations and area, dimensional and design requirements of §§ 500-1602 and 500-1603 of this chapter. Other allowable uses shall be limited to amusement or recreational establishments, as set forth in § 500-1502E, and motor vehicle service stations, as set forth in § 500-1502Q of this chapter. The requirements of § 500-1502J of this chapter shall apply to all shopping center uses fronting on Lincoln Highway.
O.
Tourist house, hotel or motel when authorized by the Board of Supervisors
as a conditional use in accordance with the following standards and
criteria:
P.
Motor vehicles sales establishments when authorized by the Board
of Supervisors as a conditional use in accordance with the following
standards and criteria:
(1)
The minimum lot area shall be 60,000 square feet.
(2)
There shall be minimum frontage of 200 feet on the street.
(5)
A motor vehicle sales establishment shall not include any on-site
dispensing of motor vehicle fuels to patrons or the general public,
unless such fuels are included as part of a single sale of a motor
vehicle or are primarily intended for use as lubricants and not as
combustibles.
(6)
No streamers or festoon lighting, comprising a group of incandescent
light bulbs, shall be hung or strung on a building or structure. In
addition, light bulbs not shielded, hooded or otherwise screened to
prevent the direct rays of the light from shining on an adjacent property
or right-of-way are prohibited.
(7)
Automobile painting, bodywork or automobile repairs shall be
permitted on the premises, provided all repair and paint work shall
be performed within a closed building. All automobile parts, refuse
and similar articles shall be stored within a building or fully enclosed
area.
(8)
All driveways and paving areas shall be constructed of asphalt
or concrete.
(9)
Outdoor storage of tires, machines, tools, automotive parts
and equipment shall be prohibited.
(10)
Every motor vehicle sales establishment shall have a permanent
building for offices, show rooms and display which shall have a minimum
of 900 square feet of floor area.
(11)
Sales shall be limited to new or used passenger vehicles. The
sale of new or used motorcycles, campers, trucks, busses, tractors,
trailers and other similar vehicles shall be prohibited.
Q.
Motor vehicle service station when authorized by the Board of Supervisors
as a conditional use, provided that:
(1)
The motor vehicle service station is operated as a retail business
for the sale directly to consumer-vendees of the following products
and services only:
(a)
Gasoline or substitute fuels, as well as lubricants, solvents,
detergents and other liquids, solids, prefabricated equipment or parts
which are reasonable and necessary for the operation and function
of motor vehicles; limited, however, to the dispensing or application
thereof directly in, into or on the fuel tank, engine or other integral
parts of a motor vehicle of a consumer-vendee.
(b)
Services and noncombustible merchandise directly related or
accessory to motor vehicles; limited, however, to such services and
merchandise which are sold or incidentally provided to the consumer-vendee
of such motor vehicle.
(c)
Consumer products dispensed by automatic vending machines and
intended for consumption, such as food, beverages and tobaccos.
(2)
Except for access drives and curbing, the front yard to a depth
of 15 feet shall be planted and landscaped in accordance with the
reasonable recommendations of the Middletown Township Planning Commission.
The required side and rear yard setbacks shall be planted and landscaped
in accordance with the reasonable recommendations of the Middletown
Township Planning Commission. No paving or parking shall be permitted
in the required side or rear yards.
(3)
Fuel pumps may be located no closer than 30 feet to any street
line, except that the appurtenant fuel tank supplying such pump may
be located without regard to such limitations but shall at all times
be underground and protected against leakage of any flammable and
volatile liquids. Approval shall be secured from the Pennsylvania
State Police Fire Marshal for the underground storage of fuel.
(4)
In order to minimize the dangers and disturbances from flammable,
noxious, malodorous, noisome and/or hazardous activities and products
to which the community and general public may be exposed, the following
limitations are imposed on any proposed use in this district:
(a)
All services, sales, merchandise and products shall be performed,
transacted, provided and stored within an enclosed building, except
for the following:
(b)
Services and sales, except for self-service pumping of fuel,
shall be performed only by the owners or tenants of the building or
lot and their employees.
(5)
Access drives shall meet the following standards:
(a)
The maximum width of an access drive shall be 30 feet, measured
at the curb.
(b)
For one access drive to be located on a street, the minimum
lot width along such street shall be 150 feet. For two access drives
to be located on a street, the minimum lot width shall be 200 feet.
(c)
No more than two access drives shall be located on any one street,
and such access drives shall be at least 105 feet apart, measured
center line to center line, and at least 40 feet from the point of
intersection of any intersecting street lines.
R.
Retirement community, being a form of residential use for retiring
and aging persons containing certain support facilities for them which
will offer a continuum of care as they age. Uses permitted in a retirement
community shall consist of the following:
(1)
Retirement living units which shall be grouped in order to share
common elements, which may include common outside access. Each building
shall contain at least three living units in a single structure.
(a)
Each dwelling unit shall have no more than two bedrooms. The
minimum habitable size of each dwelling unit shall be as follows:
|
Type of Unit
|
Minimum Habitable Size of Each Dwelling Unit
(square feet)
| |
|---|---|---|
|
Efficiency
|
400
| |
|
One-bedroom
|
500
| |
|
One-bedroom with den
|
700
| |
|
Two-bedroom
|
800
|
(2)
Personal care facilities shall be permitted where persons may
reside who have previously lived independently but who have developed
a need for personalized care. A personal care facility is an establishment
in which food, shelter, personal assistance or supervision are provided
for periods exceeding 24 hours for more than three adults who are
not relatives of the operator and who require assistance or supervision
in matters such as dressing, bathing, diet or medication prescribed
for self-administration, but who do not require hospitalization or
care in a skilled nursing or intermediate care facility. Such facility
shall comply with the Pennsylvania Department of Public Welfare regulations
for personal care facilities.
(3)
Day-care facilities for elderly, nonresidents of the retirement
community may be operated by the retirement community as a service
to the community and as an alternative form of care, whereby persons
needing care may live with their children or their guardian during
aging years but may be left in the care of qualified persons during
working hours.
(4)
Retail facilities, administrative and activity areas shall be
permitted for the use of residents and their guests. No outside advertising
shall be permitted for the retail facilities. The retail facilities
may include the following:
(5)
Common facilities required to support the needs of retiring
and aging persons, such as dining facilities, kitchens and accessory
facilities, as well as social rooms, meeting rooms, overnight guest
rooms, activity rooms, crafts and hobby shops, library and similar
type uses, shall be permitted.
(6)
Accessory uses on the same lot with and customarily incidental
to retirement community uses shall be permitted.
(7)
Area and dimensional requirements. The retirement community
use in a C Commercial District shall meet the following requirements:
(a)
Minimum site area: 10 acres.
(b)
Maximum density: 12 units per acre.
(c)
Maximum building coverage: 30%.
(d)
Minimum open space area: 40%.
(f)
Maximum building height: four stories or 50 feet, whichever
is less.
(g)
Buffer yard. Along any adjacent land in Middletown Township
zoned for or in residential use, a buffer yard of not less than 75
feet shall be provided. However, where such adjacent land in a residential
development is designated open space, parking shall be permitted in
the interior 25 feet of the buffer yard.
(8)
Utilities. Each retirement community shall be supplied with
public sewer and water facilities. All telephone and electric lines
shall be installed underground.
(9)
Off-street parking. There shall be 0.75 parking space per dwelling
unit and 0.75 parking space per health-care facility bed.
T.
Medical marijuana dispensary when authorized by the Board of Supervisors
as a conditional use in accordance with the following standards and
criteria:
[Added 1-17-2017 by Ord.
No. 17-03[2]]
(1)
The medical marijuana dispensary shall provide proof of registration
with the Department of Health or proof that registration has been
sought and is pending approval, and shall at all times maintain a
valid, accurate, and up-to-date registration with the Department of
Health. Should such registration at any time be revoked or denied,
any Township approval of the use shall immediately become null and
void.
(2)
A medical marijuana dispensary shall at all times operate in
full and complete compliance with all Department of Health regulations
relating to such facilities.
(3)
A medical marijuana dispensary may not operate on the same lot
or site as a facility used for growing and/or processing medical marijuana.
(4)
A medical marijuana dispensary shall not be located within 1,000
feet of a residentially zoned lot or a lot containing a public, private
or parochial school, day-care center, place of worship, public park,
library and/or community center.
(5)
A medical marijuana dispensary shall not be located within 2,000
feet of a licensed residential substance abuse diagnostic and treatment
facility and/or any other licensed drug or alcohol rehabilitation
facility.
(6)
A medical marijuana dispensary must operate entirely within
an indoor, enclosed, and secure facility.
(7)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana dispensary.
(9)
The hours of operation shall not be earlier than 7:00 a.m. and
shall not be later than 10:00 p.m.
(10)
No exterior sales or sidewalk displays shall be permitted.
(11)
No drive-through services shall be permitted.
(12)
No outdoor seating areas shall be permitted.
(13)
The use cannot be advertised on radio or television.
(14)
There shall be no emission of dust, fumes, vapors and/or odors
that can be seen, smelled, or otherwise perceived from beyond the
lot line for the property where the medical marijuana dispensary is
located.
(15)
The secured storage area for medical marijuana at a medical
marijuana dispensary shall not exceed 1/3 of the total gross floor
area.
(16)
No outdoor storage is permitted.
(17)
A medical marijuana dispensary shall submit a refuse disposal
plan to be reviewed and approved by the Township. Medical marijuana
remnants and by-products shall be disposed of according to an approved
plan and shall not be placed within an exterior refuse container.
(18)
A medical marijuana dispensary shall submit a security plan to the Township, demonstrating how the plan will maintain effective security and control of the facility. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Chapter 7 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act. The medical marijuana dispensary shall also provide to the Township copies of all reports to be submitted to the Department of Health pursuant to the Medical Marijuana Act and the regulations promulgated by the Department of Health pertaining to the security and control of the facility and pertaining to the building and structures associated with the medical marijuana dispensary.
U.
Accessory use on the same lot with and customarily incidental to
any permitted use in the district.
[Amended 1-17-2017 by Ord. No. 17-03]
W.
Any use of the same general character as any of the above-permitted
uses, when approved and authorized as a conditional use by the Board
of Supervisors.
Y.
Permanent facilities for sale of consumer fireworks by special exception.
[Added 7-15-2019 by Ord.
No. 19-05]
(1)
"Consumer fireworks" and "display fireworks" shall have the
same meanings as the terms in Act 43 of 2017.
(2)
Permanent facilities for sales of consumer fireworks may only
be permitted in accordance with the following conditions:
(a)
The facility must be licensed by the Pennsylvania Department
of Agriculture.
(b)
The facility must comply with the Pennsylvania Construction
Code Act, the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application.
(c)
The facility must be a stand-alone permanent structure.
(d)
Storage areas shall be separated from wholesale or retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation.
(e)
The facility shall be located no closer than 250 feet to the
property line of a facility selling or dispensing gasoline, propane
or other flammable products.
(f)
The facility shall be located at least 1,500 feet from the property
line of another facility licensed to sell consumer fireworks.
(g)
The facility shall have a monitored burglar and fire alarm system.
(h)
Quarterly fire drills and preplanning meetings shall be conducted
as required by the local volunteer fire department with jurisdiction
over the site of the proposed facility.
(j)
The facility shall be constructed, maintained, and operated
in accordance with all Pennsylvania Department of Agriculture requirements
and all standards set forth in Act 43 of 2017, including, but not
limited to, the following:
[1]
There shall be security personnel on the premises
for the seven days preceding and including July 4 and for the three
days preceding and including January 2.
[2]
No smoking shall be permitted in the facility.
[3]
No cigarettes or tobacco products, matches, lighters
or any other flame-producing devices shall be permitted to be taken
into the facility.
[4]
No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the adult
in the facility.
[5]
All facilities shall carry at least $2,000,000
in public and product liability insurance.
[6]
A licensee shall provide its employees with documented
training in the area of operational safety of a facility. The licensee
shall provide proof to the Township that it has provided written documentation
to the Department of Agriculture that each employee has received the
training.
[7]
No display fireworks shall be stored or located
at a facility.
[8]
No person who appears to be under the influence
of intoxicating liquor or drugs shall be admitted to the facility,
and no liquor, beer or wine shall be permitted in the facility.
[9]
Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
(3)
The facility shall comply with the lot, dimensional, area, and
parking requirements of the C District, as applicable, including but
not limited to setbacks and buffers, with the exception of the following:
(4)
Application for permit. An applicant for a permanent facility
for sales of consumer fireworks shall submit an application for a
special exception that contains, at a minimum, the following:
(a)
Pennsylvania Department of Agriculture license.
(b)
Proof of at least $2,000,000 in public and product liability
insurance.
(c)
Emergency evacuation plans.
(d)
A site plan demonstrating compliance with setback requirements.
(e)
Evidence of procedures to ensure compliance with Pennsylvania
Department of Agriculture requirements, including, but not limited
to, prevention of smoking in the facility, security measures, and
restriction of unaccompanied minors in the facility.
Z.
Temporary facilities for sale of consumer fireworks accessory to
existing retail uses, by special exception.
[Added 7-15-2019 by Ord.
No. 19-05]
(1)
CONSUMER FIREWORKS
OUTDOOR STORAGE UNIT
TEMPORARY STRUCTURE
Definitions.
Shall have the same meaning as in Act 43 of 2017.
A consumer fireworks building, trailer, semitrailer, metal
shipping container, or magazine meeting the specifications of the
Pennsylvania Construction Code Act,[4] the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail stands, tents, canopies, and membrane structures meeting the
specifications of the Pennsylvania Construction Code Act,[5] the Uniform Construction Code, and the Township's Ordinances
in effect at the time of the application. The term excludes a facility
that is not licensed to sell consumer fireworks under federal and/or
state law and that is required to be licensed.
(2)
Temporary facilities for sales of consumer fireworks are only
permitted as accessory to existing retail uses.
(3)
Temporary facilities for sales of consumer fireworks may only
be permitted in accordance with the following conditions:
(b)
The temporary structure is located no closer than 250 feet to
the property line of a facility storing, selling or dispensing gasoline,
propane or other flammable products.
(c)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(d)
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
(e)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
(f)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(g)
Consumer fireworks not on display for retail sale must be stored
in an outdoor storage unit.
(h)
The facility must have a current evacuation plan that complies
with the specifications of the Pennsylvania Construction Code Act,[7] the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application, including all posting requirements.
[7]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(4)
The facility shall comply with the lot, dimensional, area, and
parking requirements of the C District, including but not limited
to setbacks and buffers, with the exception of the following:
(5)
No smoking, cigarettes, tobacco products, matches, lighters,
or other flame-producing devices shall be permitted within the temporary
facility.
(6)
No minor shall be permitted in the temporary facility unless
accompanied by an adult at all times.
(7)
No person who appears to be under the influence of intoxicating
liquor or drugs shall be admitted to the facility, and no liquor,
beer or wine shall be permitted in the facility.
(8)
Application for permit. An applicant for a temporary facility
for sales of consumer fireworks shall submit an application for a
special exception that contains, at a minimum, the following:
(a)
All federal, state, and local licenses required for the facility
to operate.
(b)
Proof of at least $2,000,000 in public and product liability
insurance.
(c)
Emergency evacuation plans.
(d)
A site plan demonstrating compliance with setback requirements.
(e)
All application materials and permit decisions from the Township's
Code Enforcement Officer and/or fire code official regarding the proposed
facility's compliance with the Pennsylvania Construction Code Act,[8] the Uniform Construction Code, and the Township's ordinances
in effect at the time of the application.
[8]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(f)
Evidence of procedures to ensure compliance with the requirements
set forth above, including, but not limited to, prevention of smoking
in the facility, security measures and restriction of unaccompanied
minors in the facility.
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
Unless a greater area or dimensional regulation is stated in § 500-1502, Use regulations, for a specific use, all uses in the C District shall meet the following requirements:
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Maximum building coverage: 30%.
D.
Maximum impervious surface ratio: 60%.
E.
Maximum building height: 50 feet.
G.
Minimum building spacing: 30 feet.
H.
Buffer yard. Along any adjacent land zoned for or in residential or agricultural use, a buffer yard shall be provided which shall be not less than 75 feet in width, measured from the property line or from the street line. The buffer yard shall be in accordance with the provisions of § 500-2605.
J.
Special planting strip. For properties fronting on Lincoln Highway,
a twelve-foot-wide planting strip shall be provided along the road
frontage. Additionally, the rearmost five feet of this planting strip
shall be landscaped with trees and shrubs in a manner which is satisfactory
to the Middletown Township Planning Commission.
