In expansion of the declaration of legislative intent contained in § 250-3 and the community development objectives contained in § 250-5 of this chapter, it is hereby declared to be the intent of the CO Commercial Office District to provide for a variety of commercial and office facilities which may serve both Lower Pottsgrove Township and the surrounding trade area.
[Amended 8-21-1980 by Ord. No. 127-I; 12-3-2007 by Ord. No. 276]
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
A. 
Retail sale of dry goods, variety and general merchandise, clothing, food, flowers, beverages, drugs, household supplies or furnishings, sale or repair of jewelry, watches and clocks, optical goods or musical, professional or scientific instruments.
B. 
Adult uses as defined in § 250-8 shall be permitted, provided that:
(1) 
Any adult use shall not be located within 500 feet of a residential zone, church, playground, park or any other private or public building structure or premises utilized by minors under the age of 18 or any other adult use unless a waiver is obtained as provided for in Subsection B(3) hereof.
(2) 
Any adult use shall not be located within 1,000 feet of a school unless a waiver is obtained as provided in Subsection B(3) hereof.
(3) 
A waiver request, which shall be submitted with development subdivision plan or building permit application, shall be granted upon the following conditions:
(a) 
In the case of an adult use to be located within 500 feet of a residential zone, church, playground, park or any other adult use:
[1] 
When 51% of the persons owning real estate or residing on real estate or operating a business within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing.
[2] 
When the applicant for the proposed adult use has complied with § 250-90 of this chapter, where applicable.
(b) 
In the case of an adult use to be located within 1,000 feet of a school:
[1] 
When 51% of the persons owning real estate or residing on real estate or operating a business within 1,000 feet of the proposed adult use have approved of the waiver allowing such use in writing.
[2] 
When 51% of the parents of minor children who attend any school located within 1,000 feet of the proposed adult use have approved of the waiver allowing such use in writing.
[3] 
When the applicant for the proposed adult use has complied with § 250-90 of this chapter, where applicable.
(4) 
Any adult use as defined in § 250-8 shall not permit upon said premises the occupancy by or presence of minors.
(5) 
Any person, persons or corporation(s), partnership(s) or other legal entity which intends to operate an adult use as defined in § 250-8 of this chapter shall, prior to its use, occupancy and/or construction on the premises located in this CO Commercial Office District, make application and secure a building and/or occupancy permit from the Zoning Officer, who shall process said application within 90 days of receipt of the same. Included with and as part of said application, the applicant shall include a land development plan as defined in § 215-37 of Chapter 215, Subdivision and Land Development, of this Code.
C. 
Barbershops, hairdressers, cleaning and pressing, pickup station and such other shops for personal service.
D. 
Restaurant, tearoom, cafe, taproom, confectionery or similar establishment serving food or beverages.
E. 
Business or professional office, studio, bank and financial institution, telephone exchange or other public utility office, passenger station for public transportation.
F. 
Club, fraternal organization, lodge.
G. 
Greenhouse, nursery sales yard.
H. 
Indoor theater, bowing alley, billiard room or similar indoor amusement.
I. 
Newspaper publishing and job printing.
J. 
New automobile sales and service agency, including used car lot and repair shop adjacent to and in connection therewith.
K. 
Wholesaling, storage and sales of lumber, plumbing and other building materials and supplies.
L. 
Educational, religious or philanthropic use.
M. 
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including dwellings, provided that such accessory use shall be located at or above the second-story level.
N. 
The following uses when authorized as a special exception:
(1) 
Any use of the same general character as any of the above permitted uses.
(2) 
Gasoline filling stations, storage or public garage, automobile repair shop.
(3) 
Outdoor theater.
(4) 
Undertaking establishment.
(5) 
Animal hospital, kennel.
(6) 
Hand or automatic self-service laundry, provided that there is adequate provision made for water disposal.
(7) 
Motel or motor court, hospital or sanatorium which shall be satisfactory as regards to sewage disposal.
In a CO Commercial Office District, the following area, width, yard and height regulations shall apply:
A. 
Lot area. A lot area of not less than 10,000 square feet shall be provided for every use or group of uses permitted in the CO Commercial Office District.
B. 
Width. A lot width at the street line of not less than 100 feet shall be provided.
C. 
Building coverage.
(1) 
Not more than 65% of the area of any lot may be occupied by buildings.
(2) 
In the case of a building used in whole or in part for residence purposes, not more than 45% of the lot area may be occupied by buildings, provided that, in the case of a building of which the first story is used principally for business purposes, the building area shall be computed on the level of the window sills of the second story, subject to the provisions of Subsection A above.
D. 
Yards. The following yard requirements shall apply in the CO Commercial Office District:
(1) 
Front yard. One yard not less than 50 feet in depth.
(2) 
Side yards. Two yards, neither less than 20 feet in width, except that a corner lot shall have a side yard abutting a street of not less than 35 feet.
(3) 
Rear yard. One yard not less than 25 feet in depth.
[Amended 12-3-2007 by Ord. No. 274]
E. 
Sewage facilities. For any proposed use in the CO Commercial Office District sewage facilities shall be required.
F. 
Building density and size. There shall be a maximum building density of 30,000 square feet per developable acre, with individual buildings being no larger than 30,000 square feet in size.
[Added 12-3-2007 by Ord. No. 274]
G. 
Impervious coverage. A minimum of 20% of the area of any lot shall remain covered by vegetation, exclusive of parking lot landscaping.
[Added 12-3-2007 by Ord. No. 274]
The maximum height of any building erected or used in this district shall be 35 feet, except that the height of any building may be increased to a maximum of 45 feet, provided that for every foot of height increase in excess of 35 feet, there shall be added to each yard requirement one corresponding foot of width or depth.
In order to minimize traffic congestion and hazard and to encourage the appropriate development of highway frontage:
A. 
No parking lot, area for off-street parking or area for the storage or sale of motor vehicles shall be permitted closer than 20 feet to any street ultimate right-of-way line. Each area shall be separated from a street or highway by a raised curb, planting strip, fence or other suitable barrier against unchanneled motor vehicle entrance or exit except for necessary accessways or driveways.
B. 
Each separate use or group of buildings constructed as part of an integral plan shall not have more than two accessways to any one street or highway and shall have acceleration and deceleration lanes where the volume of traffic generated by the proposed use(s) so warrants.
C. 
Each use or group of uses shall be subject to the sign and off-street parking and loading requirements of Article XXVI and XXVII, respectively, of this chapter.