In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the H/C Highway Commercial District is established to:
A. 
Provide opportunities for the development of convenient, well planned office and retail centers within the Township;
B. 
Ensure compatibility with existing and future development; and
C. 
Provide for sufficient light, air and privacy of individual uses through adequate land requirements and spacing provisions.
In addition to fulfilling the intent of the district, the H/C Highway Commercial District shall be located or expanded so as to:
A. 
Conform with the recommendations of the Comprehensive Plan, Future Land Use Plan;
B. 
Have direct access to the arterial and/or collector road network;
C. 
Be located in primarily commercial areas; and
D. 
Not substantially infringe upon primarily agricultural or residential areas.
A. 
Uses by right. In the H/C District a building shall be erected, altered, or used, and a lot or premises may be used, by right, for any one of the following purposes, and for no other:
(1) 
Executive, administrative or professional office building.
(2) 
Office for lawyer, doctor, realtor, architect, engineer, tax consultant, and similar professional business; office for industrial and trade union, credit union and commercial and civic organization.
(3) 
Office of nonprofit organization, social or fraternal association, political or religious organization.
(4) 
Business office of a public utility, transportation, advertising, insurance, executive and administrative office of commercial and industrial establishment.
(5) 
Retail store.
(6) 
Flea market.
(7) 
Financial institution.
[Amended 10-24-2011 by Ord. No. 188]
(8) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(8), regarding planned commercial development, was repealed 11-9-2009 by Ord. No. 185.
(9) 
Bed-and-breakfast in accordance with the § 200-123.
(10) 
Day-care facility in accordance with § 200-121.
(11) 
Restaurant without drive-through.
(12) 
New Garden Township municipal use.
(13) 
Accessory commercial use, in accordance with the following:
(a) 
Only customary activities accessory to the principal use are permitted.
(b) 
A single residential unit may be permitted, either as a conversion or new unit, provided the unit is accessory to the principal commercial use, and is occupied by the owner-operator of the principal use.
(c) 
Any storage structure, or shed, shall require a permit and shall comply with the regulations of § 200-104.
(d) 
Use of truck trailer bodies as storage units shall be limited to use as temporary storage and only as an accessory use. A temporary use permit is required to be secured annually.
(e) 
Storage areas shall be included in calculations for total allowable floor space.
(f) 
Renewable energy facility in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
(14) 
Veterinary facilities, excluding overnight boarding, except as may be necessary and related to veterinary treatment/services performed on the property.
[Added 8-13-2001 by Ord. No. 142]
(15) 
Museum.
[Added 8-18-2014 by Ord. No. 213]
B. 
Uses by special exception. Only one of the following uses may be permitted per lot in the Highway Commercial Zoning District as a special exception when authorized by the Zoning Hearing Board subject to the standards of this section and Article XX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1) 
Hotel or motel.
(2) 
Hospital, convalescent home, physical rehabilitation center, or group home.
(3) 
Commercial recreational use such as swim club, tennis club, spa, theater.
(4) 
Kennel in accordance with § 200-126.
(5) 
Restaurant with drive-through.
(6) 
Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
C. 
Conditional use. The following use may be permitted in the Highway Commercial District (H/C) when approved by the Board of Supervisors as a conditional use, subject to the standards of this section and Article XIX of this chapter:
[Added 11-9-2009 by Ord. No. 185]
(1) 
Planned commercial development, as defined in this chapter, in accordance with the terms of this article and all other applicable provisions of this chapter. In addition, the following minimum requirements shall apply:
(a) 
Only those uses permitted as uses by right in § 200-35A shall be permitted within a planned commercial development.
(b) 
The planned commercial development must be served by a public or community water supply.
(c) 
The planned commercial development must be served by a public or community sewage treatment system.
(d) 
Each tract shall meet the following requirements:
[1] 
A minimum net tract area of 10 acres.
[2] 
The minimum width of the tract, measured at the existing street right-of-way line abutting the tract to be developed, shall be 400 feet.
[3] 
The tract coverage, after development, shall not exceed 65%.
[4] 
The minimum front yard setback shall be 75 feet.
[5] 
The minimum side and rear yard setbacks shall be 50 feet.
(e) 
A planned commercial development shall comply with the design standards contained in Article XVI of this chapter.
A. 
Lot area and yard requirements. The following standards for lot size and setbacks shall apply to all uses by right and uses permitted by special exception:
[Amended 8-18-2014 by Ord. No. 213]
Use
Minimum Lot Area
(acres)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Rear Yard
(feet)
Minimum Side Yard
(feet)
Bed-and-breakfast
1
100
50
25
25
Day-care facility
1
100
50
25
25
Office
1
150
75
25
25
Recreational use
1
150
75
25
25
Restaurant or museum
1
100
50
25
25
Bank
2
150
75
25
25
Retail store
2
150
75
25
25
Flea market
2
200
75
25
25
Kennel
4
200
75
100
100
Hotel or motel
5
300
75
25
25
Hospital
5
300
75
25
25
Planned commercial development
10
400
100
50
50
Other use
1
200
75
25
25
B. 
No buildings shall exceed a maximum height of 40 feet or three stories.
C. 
Building coverage shall not exceed more than 40% on any lot.
D. 
Total lot coverage, including but not limited to the coverage from buildings, sidewalks, and parking areas, shall not exceed 75% of any given lot.
E. 
Unless more stringent restrictions occur in this chapter, any use in the H/C District that abuts a residential district shall be set back a minimum of 50 feet from the property line.
[Amended 4-25-2016 by Ord. No. 217]
F. 
Additional requirements for special exception uses. All uses requiring special exception approval shall comply with the following:
(1) 
No off-street parking shall be permitted within the required front yard area.
(2) 
All off-street parking areas shall be screened by landscape plantings along all collector and arterial roads.
(3) 
All uses shall have public sewer and water services.
The following design standards shall apply for all uses:
A. 
Screening shall be required in accordance with § 200-100.
B. 
Where outride storage is used, it shall comply with the requirements of § 200-104.
C. 
Landscaping shall be required in accordance with § 200-101.
D. 
Interior circulation and emergency access shall be designed in accordance with § 200-103.
E. 
Lighting shall comply with the regulations set forth in § 200-106.
F. 
Off-street loading shall meet the requirements of § 200-107.
G. 
Access and traffic controls shall be provided in accordance with § 200-102.
H. 
Off-street parking shall be provided in accordance with § 200-109.
I. 
All uses shall meet the performance standards set forth in § 200-110.
J. 
Signs shall comply with § 200-112.
K. 
Pedestrian access shall be provided in accordance with § 200-105.
L. 
Residential off-street parking requirements as regulated by § 200-108.
[Added 8-18-2014 by Ord. No. 213]
M. 
Tree conservation and replacement as regulated by § 200-113.
[Added 8-18-2014 by Ord. No. 213]